Author Topic: Legal Advice  (Read 6805 times)

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Offline 420seriouscat69

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Re: Legal Advice
« Reply #25 on: July 10, 2014, 12:57:30 PM »
He's f'd unless the arresting officer messed up the test/arrest somehow. DUI's gotten a lot stricter over the last coupla years in Ks.
If the officer doesn't show. He'll keep his license. I was very fortunate for this.

Offline Benja

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Re: Legal Advice
« Reply #26 on: July 10, 2014, 01:12:24 PM »
How easy is it to take a tenant to court to recover months of unpaid rent?

Offline Rage Against the McKee

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Re: Legal Advice
« Reply #27 on: July 10, 2014, 01:19:34 PM »
How easy is it to take a tenant to court to recover months of unpaid rent?

Good luck.

Offline JohnCurrie is Weird/Gross

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Re: Legal Advice
« Reply #28 on: July 10, 2014, 01:20:09 PM »
As Trim said, do not view a diversion as a way of it being off your record because it stays on there for life in Kansas.  If your friend has any plans on even having 1 beer and driving again he should hire the best lawyer he can and try to get out of it.  It really comes down to what evidence your lawyer can get to be inadmissable.  Sometimes they can get the breathalyzer results thrown out, field tests, etc then it's on the prosection to prove you were unable to operate a car.  Sound like your friend is pretty screwed because of the multiple things he did wrong (failed field test, breathalyzer, traffic violation) he would almost certainly lose if he took it to trial.  Your 2nd DUI is mandatory 5 days in jail minimum and the 3rd is 90 days in jail minimum and is a felony. If he can afford a good lawyer he definitely should at least try but if not yeah get a public defender and take diversion.

Offline Benja

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Re: Legal Advice
« Reply #29 on: July 10, 2014, 01:22:48 PM »
How easy is it to take a tenant to court to recover months of unpaid rent?

Good luck.

Seriously?

Offline Rage Against the McKee

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Re: Legal Advice
« Reply #30 on: July 10, 2014, 01:24:55 PM »
How easy is it to take a tenant to court to recover months of unpaid rent?

Good luck.

Seriously?

Does the tenant have any money or a job? How long ago does this date back to, and how much money does he/she owe?

Offline Benja

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Re: Legal Advice
« Reply #31 on: July 10, 2014, 01:27:53 PM »
How easy is it to take a tenant to court to recover months of unpaid rent?

Good luck.

Seriously?

Does the tenant have any money or a job? How long ago does this date back to, and how much money does he/she owe?

Yes, new job. Not much money yet. 4-5 months, about 1,800 dollars.

Offline Dr Rick Daris

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Re: Legal Advice
« Reply #32 on: July 10, 2014, 01:28:35 PM »
like i'm going to tell you guys  :lol:

Offline Rage Against the McKee

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Re: Legal Advice
« Reply #33 on: July 10, 2014, 01:31:55 PM »
How easy is it to take a tenant to court to recover months of unpaid rent?

Good luck.

Seriously?

Does the tenant have any money or a job? How long ago does this date back to, and how much money does he/she owe?

Yes, new job. Not much money yet. 4-5 months, about 1,800 dollars.

Take him to small claims court and get a judgment. You might get paid.

Offline Benja

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Re: Legal Advice
« Reply #34 on: July 10, 2014, 01:32:35 PM »
K

Offline Rage Against the McKee

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Re: Legal Advice
« Reply #35 on: July 10, 2014, 01:34:17 PM »
My understanding is that small claims court works kind of like the Judge Judy tv show, so my advice probably isn't the best here. I wouldn't hire a lawyer to try to collect $1800 though.

Offline CNS

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Re: Legal Advice
« Reply #36 on: July 10, 2014, 06:59:39 PM »
I have heard that there is not a vehicle to actually enforce small claims judgements in KS.  True?

Offline 06wildcat

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Re: Legal Advice
« Reply #37 on: July 10, 2014, 09:12:13 PM »
I have heard that there is not a vehicle to actually enforce small claims judgements in KS.  True?

You can garnish wages if a judgment isn't paid, provided the other party has a job. The problem with small claims court is it's a hassle that's generally not worth the time required to collect such small amounts of money ($4,000 is small claims limit in Kansas).

Offline Trim

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Re: Legal Advice
« Reply #38 on: July 10, 2014, 11:50:28 PM »
It's pretty easy.

Offline sys

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Re: Legal Advice
« Reply #39 on: July 11, 2014, 01:19:53 AM »
what a Fake Sugar Dick (WARNING, NOT THE REAL SUGAR DICK!) country.  mothers and students should be ashamed of what they've wrought.
"a garden city man wondered in april if the theologians had not made a mistake in locating the garden of eden in asia rather than in the arkansas river valley."

Offline AST

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Re: Legal Advice
« Reply #40 on: July 11, 2014, 06:30:38 AM »
edit: commented on 1st post which i just realized is 3 yrs old

Offline JohnCurrie is Weird/Gross

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Re: Legal Advice
« Reply #41 on: July 11, 2014, 07:28:34 AM »
The laws and enforcement of it is one of the more ridiculous things I've seen in our legal system.  The punishments are the most inconsistent things I've ever seen. One person could barely blow over and get in real trouble while others get off with nothing.  I've had several friends go to trial and win, and several get extremely mumped by the judge enforcing the max penalties.  It really comes down to the cop showing up to your administrative license hearing (from my experience this occurs about half the time, even if he doesn't show up and you didn't blow you still lose your license, just for less time) and the the evidence against you.  There are no plea deals in Kansas to plea to a lesser crime.  It really is one of the worst states in the US to get a DUI.

Offline pissclams

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Re: Legal Advice
« Reply #42 on: July 11, 2014, 07:35:07 AM »
The laws and enforcement of it is one of the more ridiculous things I've seen in our legal system.  The punishments are the most inconsistent things I've ever seen. One person could barely blow over and get in real trouble while others get off with nothing.  I've had several friends go to trial and win, and several get extremely mumped by the judge enforcing the max penalties.  It really comes down to the cop showing up to your administrative license hearing (from my experience this occurs about half the time, even if he doesn't show up and you didn't blow you still lose your license, just for less time) and the the evidence against you. There are no plea deals in Kansas to plea to a lesser crime. It really is one of the worst states in the US to get a DUI.

good to all of the bolded parts


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Offline JohnCurrie is Weird/Gross

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Re: Legal Advice
« Reply #43 on: July 11, 2014, 08:53:01 AM »
The laws and enforcement of it is one of the more ridiculous things I've seen in our legal system.  The punishments are the most inconsistent things I've ever seen. One person could barely blow over and get in real trouble while others get off with nothing.  I've had several friends go to trial and win, and several get extremely mumped by the judge enforcing the max penalties.  It really comes down to the cop showing up to your administrative license hearing (from my experience this occurs about half the time, even if he doesn't show up and you didn't blow you still lose your license, just for less time) and the the evidence against you. There are no plea deals in Kansas to plea to a lesser crime. It really is one of the worst states in the US to get a DUI.

good to all of the bolded parts

Completely agree. Lost a good friend due to a drunk driver, but if anyone claims they haven't driven over the legal limit in their life, they probably aren't telling the truth. It is frustrating that extremely intoxicated people can get off with off with no consequences, but I guess that happens in our legal system all the time. I don't know the solution to the problem, should the law be you cannot consume any alcohol at anytime before driving? Because that's pretty much what it is now and I think is/would be a good thing.  Just would like to see more consistent punishments and guilty people to not get off on technicalities which happens all the time.

Offline pissclams

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Re: Legal Advice
« Reply #44 on: July 11, 2014, 09:38:47 AM »
but to your point, the inequity isn't exclusive to DUI and is a result of our legal system


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Offline Rage Against the McKee

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Re: Legal Advice
« Reply #45 on: July 11, 2014, 09:45:39 AM »
I think the current limits are fine. I don't think we need a 0% standard. The current standard is well below the point where a person would be too intoxicated to drive, as it should be. I wouldn't want somebody to get a DUI for having trace amounts of alcohol showing up from the night before or something.

Offline 06wildcat

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Re: Legal Advice
« Reply #46 on: July 11, 2014, 11:03:13 AM »
It's pretty easy.

How many clients do you take to SCC when they don't pay?

Offline Gooch

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Re: Legal Advice
« Reply #47 on: July 11, 2014, 11:12:10 AM »
It's pretty easy.

How many clients do you take to SCC when they don't pay?
Close to a 1000 a month.

Offline The Tonya Harding of Twitter Users Creep

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Re: Legal Advice
« Reply #48 on: July 11, 2014, 03:09:59 PM »
my old shitbag roommate owes me $200 in unpaid utilities. small claims or just call his mom?
I think what my friend Mitch is trying to say is that true love is blind.

Offline WonderMeal

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Re: Legal Advice
« Reply #49 on: July 11, 2014, 03:51:31 PM »
Benja, I would recommend sending the old tenant a certified letter or something saying that they owe you money--that way they can't claim that they "didn't know" or whatever. Plus, filing in small claims court is very easy and will probably cost you ~$100 (which you'll get back if you win).

Many years ago, I was moving out of state for a few months but wanted to keep my place, so I paid my landlady two months rent in advance. Four days before I left she told me that she was getting divorced and was selling the house (both true) and I had to be out in 96 hours. She was a nice lady and we felt bad for her, so Mrs. WonderMeal and I complied. She wrote me a check for the $3000 she owed me (two months advance rent + security deposit) and we went our separate ways

Two weeks later, I realized she had canceled the check, pocketed my $3000, and had dropped off the face of the earth. She had a very common name, so it was hard to track her down. About six months later, after about a million unreturned phone calls, I had my out-of-state friend call her from a strange number. "Jan from the cable company" told my landlady that she had a $17 refund from her service at her old address but that the check was returned. The landlady promptly gave her new address to "Jan," and three days later she received a certified letter that included her court date in small claims court.

Rather than go to small claims court and potentially have to pay 3x the amount of my security deposit + the two months rent + any of my attorney fees if I won (the law of the state I was in), we settled for $4k. It was a hassle to do all of that stuff, but it sure felt good to cash that $4000 check.