Ask MetaFilter questions tagged with money and law

Unsure as to how I should proceed.

Anonymous — Thu, 21 May 2009 14:14:31 -0800

The place I work may be going under. What should I do? I work as an attorney and the managing partner had all of us attorneys in a meeting yesterday. He told us that the firm is basically out of money and that he's worried about making payroll next week. We have 10 attorneys and 2 partners here, so it's a small firm.

I like the work environment here, and the partners are generous (to a fault, it seems). The main partner is a bit oafish and I think he may be putting his head in the sand as to how bad things really are. The other partner is bad about collecting his accounts receivable, which is probably the main reason the firm is in this mess.

I'm already looking for another job, but what do I do if this place does actually go under? There is work to be done and clients whose problems won't go away.

Do I stay on in the hopes I may get paid down the line, or do I just jump ship and leave all the work for others to do?

Does that make sense?

Anonymous — Thu, 07 May 2009 13:08:52 -0800

Debtfilter: Employer provides signing bonus structured as forgivable loan (forgiven if employee stays with firm long enough). Employee leaves soon after, and employer seeks to collect on loan. Employee is now a broke grad student, so employer offers to defer collection of loan until grad school is complete. Question: If length of time in grad school exceeds state statute of limitations on original loan, does this mean the loan will discharge itself before it can be collected? I know you're not my lawyer.

he's got to stop it

Anonymous — Wed, 25 Mar 2009 16:05:26 -0800

How to put a young man on the right path ? My wife has a son from a previous marriage. He's 18. His father lives far away, in another country. He has a lot of money and carries very large sums in his pockets. His business, as far as I know, is perfectly licit. Two years ago, the boy began to steal money. He stole 400$ in a moneybox that I had been keeping for a long time (I was suspicious because the moneybox wasn't doing the same sound as when it was full of banknotes. I broke it and all the banknotes were gone, but there was a pin inside, which was lost in the operation of extracting the notes). We confronted him, and he confessed he had done it.

Back to quietness for some time, and then we noticed that some money was disappearing again. Some change that was purposely left in the car. Some withdrawals on my wife's balance sheets were unexplained. His father told us that after his son had been visiting him, during some holidays, he had noticed that some money was missing. We talked about it with his grandfather : he had some money missing too, in a drawer of his desk. And then we discovered that he had stolen money from his uncles (both of them), his grandmother, my parents - he took the keys to their house that were on my desk, went to their place as he knew they were gone for a few days, and proceeded to find money by searching all over the place - needless to say, everyone was confused to have to say that he was stealing from them. Once again, we confronted him, but it was much harder to have him confess his stealings.

We summed up everything to know what he had to pay back, told him that any money or gifts from anyone in December were bound to participate to the payment of his debt, and that his pocket money was going to be tremendously reduced for the same reasons. We asked him to give back the money and discuss with each person he had been stealing from.

Apparently, that money was used to bet on the results of soccer matches. He began by losing a little, and proceeded to bet more and more money to get back the whole sum he had lost previously.

He's not working at school right now. He said he wanted to be a journalist, but most schools only accept people who have a basic college degree here, so I told him to study Law, or History, or Economics.... whatever he wants, as long as it appeals to him and he gets some pleasure out of it. He chose Law (?) but apparently, the results are going to be poor, since he doen'st seem to get really involved (to get involved at all)

He says that he's going to work in a restaurant or a factory to make some money but he doesn't search actively and to me, it sounds like he's once again in dreamland (looks like there's a crisis around).

Well. The problem is that his grandfather and his uncle have noticed that once again, some money has disappeared. He even confessed that he had stolen greater sums from his father (apparently, around 3000 $). So his debt has exploded once again.We thought that we had been through it and that it was over, but unfortunately it wasn't true.

I don't know what to do now. We have difficulties to trust him, and while he's asking us to trust him - he says that his father does, and that it's a big difference between him and us - I can't help but feeling that the trust issue is but a way to negotiate some more room to carry on without changing anything at all.

I've checked :
http://ask.metafilter.com/95736/Should-we-press-charges-against-a-kid
and
http://ask.metafilter.com/114818/Help

But it doesn't really address the issue since obviously we don't want to press any charge against him . I think that we need a way to show him what Law is, but I don't quite see how to effectively do it : to tell him isn't enough. There is a boundary that he doesn't really see, and he even stated once that he's not into the "moral thing". Well, I think that you can imagine what chasm opens in front of your feet when a young man whith the problems described above tells you that. He has begun a light sort of therapy to meditate upon his behaviour a little while ago, but apparently, it hasn't induced any major change - yet.

Thanks for any useful advice.

How to handle a retro-reduced inheritance?

Anonymous — Mon, 13 Oct 2008 06:28:52 -0800

How to handle a retro-reduced inheritance? This spring I received an inheritance from my grandmother. Initially there was a check to each of us for $n, and later a (much larger) check for %x, the leftover balance. Now I am told that the executor/overseer, her step-son (btw), claims to have made a mistake on the calculations and the % portion was distributed before someone "cashed" one of the $n checks (for $100,000). He is now seeking to recollect on this error. For me, this is to the tune of about $20k.

Perhaps ordinarily I would just shrug and be as helpful as possible. But the timing is odd. After watching my family's portfolios fall nearly 40% in the past few weeks, combined with a suspiciously dispersed inheritance in our family 20 years ago, it is cultivating,harvesting, and curing some weird feelings.

1) Who "overlooks" a $100,000 check? I learned in 6th grade math class to balance a checkbook by what you write out on it, not what is already cashed. If this moron missed this, what else did he miss? How large was the estate in order to miss this?

2) What are my actual obligations? If the check was already cut to me, do I legally owe anything?

3) Obviously, I am seeking legal advice ASAP but wanted any immediate nerd wisdom/questions to ask/etc

4) Tips for negotiating with family that I am socially very distant from? My sister and I are the only surviving islands in this midwest-conservative river. The executor in question's father had framed pictures of Reagan and Bush on his wall. I was essentially shunned from this part of the family at age 15 for having a pierced ear. My sister was not given college funding (as everyone else in the family was) because of her controversial decision to study art instead of home-ec or teaching (the only appropriate options for a woman).

I would really like any guidance, how to talk to a lawyer, what to ask, how to socially handle this, anything. Its just not stuff I want to deal with and I resent that I am even needing to. Thanks for understanding and any possible guidance.

How can I use my law degree and still like my life?

Anonymous — Fri, 18 Jul 2008 10:47:38 -0800

I'm getting a law degree but I hate being adversarial. Any ideas for something fun to do with this degree? I know there are books about this question, but I thought some of you lovely people might have personal experiences you could share, or at least some outside-the-box ideas.

I came to law school because I wanted to be a public interest lawyer -- I like helping people. I have one year left before I graduate and sit for the bar. I have spent the last two years learning about indigent defense and working at the public defender's office. Even though I think the work public defenders do is very important, I think it makes me miserable.

I admire public interest lawyers who fight for good, but the truth is that I just hate fighting! That is hard to admit, and it took me a long time to own up to it, but it's just true. Fighting just depresses me.

If I could turn back time, I would never have gone to law school. I would have opened up an organic coffee cart near the beach, or become a dog walker or something. But now I owe $120K in student loans (and by the end of this year, I'll owe around $180K). So I sort of feel like there is no turning back...I'm going to need to get a decent-paying job just to pay off the loans, which means something in the legal field. ...Right?

(For anyone wondering how my debt could be so huge: tuition is $35K per year, and I get about $25K per year for living expenses. Cost of living in my city is pretty much as high as it gets within the US.)

What does a third year associate make at a small firm in DC?

n'muakolo — Mon, 28 Apr 2008 10:43:08 -0800

Give me your best guess for what 3rd year associates make in small (1-10 person) for-profit firms in DC? I've looked at lists online and some anecdotal evidence, but still don't have a good handle on this. If my friend is asked to give her salary requirements in an interview at a small for-profit firm in DC, what ballpark should she give? She has been out of law school for 3 years, from a top 15 law school, excellent grades. It looks like maybe $75,000 would be the norm, but I find that sort of hard to believe since there are so many government attorneys in DC, and government attorneys salaries usually range from about $65,000-$120,000, and it's a true 40 hour week. Anecdotes, lists, anything with data welcome.

Am I too old for the law?

Any Moose In a Storm — Mon, 24 Mar 2008 09:29:27 -0800

Am I too old to go to law school? I'm 33 and . . . I already have a Masters in one of those liberal arts subjects that does not a career make. (Career 3.5ish gpa haven't taken any test LSATs)

The law sounds like it could be intellectually vigorous and well paying but what kind of jobs do 36 year old Law grads get? Enough to pay back their loans and raise a kid?

...because no one is going to pay me to study. Temp or part-time?

doppleradar — Tue, 29 Jan 2008 05:07:18 -0800

Temp work 101: Is temp work just a part-time job on my own terms? Graduated. Moved to Boston. Taking the LSAT in June.

I decided that a full-time job could too easily turn my life into work/commute and not leave me with the time I need to study (or the time I want to enjoy the city before law school). I have the savings to only work part-time until July and don't know what advantages (if any) doing temp work has over a part-time job with the same duties.

My questions for current/previous temps are:
1. How much control do you have over your schedule?
2. Is the pay predictable (frequency and amount)?
3. How accomodating are temp agencies placement-wise to those reliant on public transit?
4. If I have good employment history in a specific field will a period of temp work adversely affect future job prospects?
5. Any health insurance/benefits typically provided?

How can I make sure there is proof I loaned someone money?

catatethebird — Thu, 03 Jan 2008 16:16:29 -0800

Would an agreement to pay back a personal loan by a specific date, signed and notarized by both parties be a legally binding document? This is in Wisconsin, if state laws matter.
What is the best way to go about this: I am going to make a loan (about $2000) to a friend, and I want some sort of proof of it and an agreement that he will pay me back, that would stand up in court. I don’t expect it to come to that, obviously, but I want to cover my ass just in case. Should I get the document notarized? Would this make a difference?

Any advice on how to word such an agreement?

(and please, there is no point advising me not to make the loan, that's not what I'm asking about)

...but what do you actually do?

doppleradar — Tue, 30 Oct 2007 19:56:02 -0800

Law/ Lawyer Filter: I've decided on Law School, but am trying to decide which area of law to focus on once I get there. I've found Vault's Law Career Articles pretty helpful, and am looking for other resources/personal insight into what different practice areas are like. Pros and cons, "day-in-the-life," personal anecdotes, you get the idea.

Bonus points for what you think the perception of your practice area is among other lawyers and the general public

To answer some potential questions from the get-go:
-I'm graduating with my BA in December and am waiting for the next admission cycle to apply (Fall 2009 entrance)
-I have researched admissions (gpa, lsat, indexes) to death already
-I have ruled out criminal and patent law (although I'm not averse to litigation in general)
-I am leaning towards bankruptcy or antitrust, but am not informed enough to commit
-I have no concern for work/life balance

Is there a lawyer on the plane?

Weebot — Thu, 11 Oct 2007 15:32:12 -0800

[JobFilter] Hivemind, decide how much I should be paid. I recently flew out of state to attend a conference with a my supervisor and a couple of my co-workers. I flew out of California Sunday afternoon, and flew back from Colorado Wednesday afternoon. I'm now looking at my bi-weekly time card, and I do not know how I should report the time. None of my co-workers have this problem: they're salaried, while I'm an hourly worker. There wasn't any real tracking of what hours were explicitly on-the-clock and what was off-the-clock, and those hours seemed to bleed into each other anyway. The travel expenses have been taken care of.

I talked with accounting, who seem a bit unsure about this as I do; they eventually said to list seven hours each day plus the hours for the plane flights. That seems like I'd be underreporting to me. I do want to get paid for as much as I can, but I don't want to exaggerate the claim (I work for a non-profit, so I'd loathe to take money for hours I didn't work.) It seems like at one end, I'd be paid for all the time I spent out-of-state (which sounds like way too much,) and on the other end, I be paid as if it were just a normal work day (which sounds like way too little.) Does anyone have any advise regarding this situation? Does the FLSA say anything about hourly workers sent out-of-town on business? Is this something I just have to negotiate with my employer where we just agree that I worked a certain amount of hours and leave it at that? Is there a formula somewhere I could use in this situation?

How do I state the purchase price of a vehicle acquired in a trade?

ganzhimself — Wed, 18 Apr 2007 14:36:36 -0800

Wisconsin Car Title Filter: I'm trading my vehicle for another vehicle plus cash. Wondering what to do about titling the new vehicle. Here's the story. I have a big, gas thirsty SUV that I can't afford to drive and I have someone who wants to trade me a Honda Civic and some cash for the SUV. I'm a bit miffed as what to do when I title the car. On the title and plate application it asks for a purchase price (to levy State and Local Tax), and says it's illegal to understate the purchase price. If I am trading my SUV for the car and cash, I'm not really paying anything for the car, right? What should I put for the purchase price? I don't want to have to answer to the Wisconsin Department of Revenue as to why the purchase price is $0.

Who can use the credit bureau to police contracts?

Anonymous — Fri, 16 Feb 2007 19:42:39 -0800

When and who can contact credit agencies regarding reneged payments to reflect on a payees credit report? Is this limited to businesses and banks or less official transactions as well? I know for a fact that if I didn't pay my rent, my land lord who lives down the street could easily have this reflect on my credit report. What happens when two parties have signed an agreement and one reneges, do I have the ability to report this? I find it interesting that two people who are non landlords (or something similar) have to go through small claims court instead of using the good ol' credit bureau to defend the institution of signed pieces of paper. Basically, can the average Joe use the credit bureau to uphold agreements between two average Joes when a contract has been signed?

How to leave large sums of money to a drug addict?

Anonymous — Tue, 06 Feb 2007 10:23:01 -0800

Leaving Money to Drug Addicts Filter: My parents have re-written their will, which leaves all of their assets equally to myself and my step-brother. Considering that my step-brother is a drug addict (we also believe that he is a dealer, though he has yet to be arrested as such, so we don't know for sure), this becomes very complicated. The way that the will works now is that if one parent is still alive, they will receive all assets from the estate. However, once both of them die, their combined assets are to be distributed between my brother and myself. The will is set up so that I, as the older sibling, am entrusted with distributing the wealth (so to speak) to my brother.

Now, I don't want to keep him from getting anything that is rightfully his. Our relationship has certainly been shaky, and I would certainly never give him anything that had belonged to my mother, but as far as his father's possessions (Yeah, my mother married his dad, for a little background), I have no problem with giving him any and all of those. As far as any monetary assets are concerned, I would be happy to divide the wealth equally between the two of us.

However, I don't think a large windfall would do him good. He's been using drugs since age 9 and had his first stint in rehab (State mandated after an arrest for assault and battery) at 17. He's currently homeless and wandering the country, yet conveniently keeps coming up with large sums of money at odd times - leading us to suspect that in addition to using drugs, he has probably at least occasionally been dealing them. He showed up back at my parents' doorstep last summer and they tried to get him some help, but it didn't take.

The reason I'm asking this question now, while my parents are still alive and well, is that they and I all want to be sure that while he is taken care of, he would not be able to use their inheritance to blow through a large amount of drugs in a short period of time.

Talking about this situation with a friend of mine, she suggested a trust wherein my brother would be able to be reimbursed for any and all legitimate expenses - is this sort of thing possible? Are there any other options where he can get money in small increments or just with the stipulation that it has to be for some pre-approved use (rent/food/hookers/anything-that's-not-snorted-through-his-nose, etc)? What sort of legal options exist for leaving potentially large sums of money (by the time all is said and done, it will be in the hundreds of thousands) to the completely irresponsible?

If you would prefer to contact me outside this post, the email is money4druggies@gmail.com.

Has anyone here ever sold their old school assignments (research papers) online?

sjvilla79 — Wed, 21 Dec 2005 19:29:51 -0800

MoneyFilter: Has anyone here ever sold their old school assignments (research papers) online? I've done some minor searching, but only turned up one poorly designed website from the UK. Thus, I'm not convinced. I mean is there really a market for this stuff. If so, well, where is it? And yeah the point of this post is that I would like to sell my old assignments somewhere. Again, does such a (reputable) place exist? Links and success stories please.

How do I get my money back from my ex-roommate?

thefinned1 — Thu, 01 Dec 2005 19:17:22 -0800

How do I get my money back from my ex-roommate? I just finished a one year lease with a roommate who never paid any of his share of the utilities. I asked for them every month but never got any of money out of him. Since I could afford it I paid both my share and his. The last month he didn't pay his share of the rent, and in the interest of keeping my rental history clean I had to pay it. Over the course of the year he ended up owing me $1,300.

I always wanted my money but now that I am out of the apartment I really want my money.

I have sent 2 or 3 letters to him, outlining what he owes me and when I want the money. The deadline for him to pay me was just the other day and surprise, surprise I didn't get my dough.

Initially I had planned on taking him to small claims court but though a mutual friend I found out that he (my ex-roomie) filed for bankruptcy on the last day before the law was changed.

So what are my choices?

Can I still take him to small claims court despite his bankruptcy?

Can I take him to bankruptcy court?

Should I hire a lawyer?

Cut my losses?

Are there other options?

labor law in California

luriete — Thu, 31 Mar 2005 13:41:55 -0800

A good friend of mine works for a large international bank in the SF bay area. This person was informed today that beginning immediately, the two 15 minute breaks that have been allowed up until now are being reduced to 5 minute breaks. This person works a full 8-hour shift, and I was under the impression that a 1-hour lunch/meal break and 2x 15 minute breaks were required by law. What are the legal requirements in California, and how do they differ from federal requirements?

What happens to someone's personal debt if s/he goes to prison?

ferociouskitty — Wed, 01 Sep 2004 19:24:52 -0800

What happens to someone's personal debt (ex. credit cards, student loans) if s/he goes to prison? Does it matter if the term is <10 years? Life? (Not that I need to worry personally, just curious.)