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Trespass to land is actionable per se. Thus, the party whose land is entered upon may sue even if no actual harm is done.


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Workout Routines and Exercises

Yes, domestic chores do burn calories, and nuisance peddler trespassers will no doubt raise your blood pressure, but one can't sculpt fine muscles like these without some help from professionals like our friends at TrainWithMeOnline!

See also Appliances and What to know about buying Fitness machines.

Is it illegal to sell something from home?

Workout Routines and Exercises

Here is the scenario - I would like to sell courses, 200 cash per person for an hour to two hour course. I know how to do something and think people could benefit from it and save money themselves. I was planning on setting up a table on the front yard of the house I'm at and go from there. I honestly don't see anything wrong with that. But perhaps someone else can. I live in Canada Ontario. (different places could have different rules). I'm thinking this is similar to being a tutor, ppl come they pay they learn they leave.

Biblitz replies:
Workout Routines and Exercises
Call the city to find out if the zoning where you live permits the business you propose. If you're going to have people coming and going all day suggesting an obvious commercial use, they probably wouldn't allow it. There may also be licensing required. If, for example, you're providing financial information, you may have to be certified by some board or other and carry liability insurance. It may be that only qualified members of the profession are entitled to charge a fee for dispensing such information. It's certainly worth checking!

Bought item from acquaintance and now has Writ of Replevin filed against him?

An acquaintance sold me his LCD T.V because he was moving back to his home State. A month later he tells me that Get It Now has filed a Writ of Replevin for the T.V. What are my rights in the situation? Can G.I.N come after me for the possession of the T.V??

Biblitz replies:

A writ of replevin, eh? One doesn't see this sort of thing outside of a law school too often. Is there also a threatened action in - wait for it! - conversion? In most cases, the maxim, nemo dat quod non habet (you can't give away what is not yours to begin with) applies to defeat any claim you might have. This is the risk you took buying from a 'friend,' who was not required to make the usual assurances that the goods were, in fact, his to sell. Happily, it's your 'friend' to whom the writ is addressed - not you! Although if 'friend' doesn't cough up, yes, the sheriff could come and seize TV as stolen property, in which case you'd have some explaining to do, too. Easier to relinquish the TV in exchange for payment returned in FULL.

Writ of Replevin:
TinyTeaman
... A plaintiff creditor can typically prevail in the case by offering testimony and business records showing the borrower/defendant's obligation to pay, and default in payment. The Court will thereafter issue a judgment and authorize issuance of a Writ of Replevin, which is served by a sheriff's deputy, working in conjunction with persons hired or employed by the creditor to take the collateral or other property into its possession. The sheriff's role is to keep the peace and allow the creditor to get its property, without threat from the borrower. Once the creditor takes the property into its possession, it can sell the collateral, and apply the proceeds to the debt owed by the borrower. In other cases, replevy is used to prevent damages that may occur from the continued use of an item, such as a public utility meter. In the case of non-payment of a public utility, a meter is typically left on the premise to allow reconnection should the balance due be paid, or if the person owing the bill sells the premise to another person who does not owe arrears to the utility, however, it is possible for one to reconnect the device and continue obtaining the commodity in question. In such cases, the utility could seek replevin for the utility meter itself, thereby preventing this practice. (From Wikipedia, accessed June 10/10)

Who can I call about harassing calls from creditors of previous occupants?

A "private caller" keeps calling my house looking for the people who used to own this number, I'm quite sure it's a collection agency that blocks the number. Anyway they keep calling and tonight I finally asked them to take me off the list and I was accused of knowing these people and the lady was so rude and threatened to keep calling until I give them a number to contact these people. I got angry and told her I don't know these people and to stop harassing me and even asked to speak to her manager, at that point she hung up on me. It's getting to a really harassing point. I have an infant and getting 50 calls a day is getting to be too much. Is there anyone i can talk to or a phone number I can call to complain about?

Biblitz replies:

Complain to the earnest Federal Trade Commission (FTC). They live for this stuff!

How can I stop a debt collector from contacting me?

If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter even if you don't think you owe the debt, can't repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don't want the collector to contact you again, tell the collector - in writing - to stop contacting you. Here's how to do that:

Make a copy of your letter. Send the original by certified mail, and pay for a "return receipt" so you'll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt. (From Debt Collection FAQs: A Guide for Consumers, accessed at the FTC online June 10/10)

Here in Banana Canada:
TinyTeaman
Remember, though, some people do have a lawful reason to contact you repeatedly. For example, a debt collector may call you several times. Although you may not like this contact, it is lawful when done according to laws regulating collections. (From Canada's Family Violence Initiative under Criminal Stalking). So Canadians must first assess the law of creditors' remedies in the province of domicile before taking action. Ho hum.

What should I do about this scam?

About a month ago I bought some electronics form this guy and I paid $700.00 dollars for them in all. Now it's going on two months later and he still has not given me my electronics! Here s the story (and yes, I know it s lengthy): At first he said that it would take a week to get them shipped down here. Then he said they were shipped to wrong address and he was having them shipped again. Then he said they ended up at his dad's house and he had to drive and pick them up. Then he called and said that he was about to run out of gas on the way back and he needed me to wire him some money so he could get back (but I refused). Then he said that he took a plane back and left the electronics because he could not get them on the plane and he will just pay me the $700.00 that I originally paid him. Now he wants me buy an iPod from him for $40.00 and says that if I don't but it, he won t be able to pay my money back because his bank is in Texas and he needs the $40 for gas to get there! This is sounds like a load of bull! Finally the question: I am quite sure this is a scam, but how do I go about reporting it? Should I sue him or call the police or what? Please help! Thanks!

Biblitz replies:
TinyTeaman
Federal Trade Commission (FTC) Consumer Protection office is the place to report it. Then copy your complaint to seller, informing him that you are now bringing the matter to Small Claims Court in your jurisdiction with formal notice to follow; however, you would be pleased to end the matter on receipt of full refund. If Scamster fails to defend, you may obtain judgment, which makes you a secured creditor of considerable priority in the event there are others with similar claims against him!

I bought stuff from someone raising money in a fundraiser and never got my stuff!?

i paid this chick at work for a cheesecake and some other food items totaling $50 in all. she was selling stuff from one of those fundraiser sheets. it was for her church. The stuff can in a week ago and i just came back to work. now she's claiming that she didn't have room in her fridge and it all went bad and was thrown away. she didn't mention this when we spoke 2 days ago. anyway, she isn't going to give me my money back. i think she ate my stuff. Should i or can i call the police? Is this theft or fraud? or do i have to go through the hassle of taking her to small claims court?( i'm in the dc/md area) And if i take her to court will they assess punitive damages. it seems like a lot to go through over $50 but I don't want to be taken advantage of and this women is...well the kind of person (low-class street-type) who would just disrespect someone and try to get over on whomever she thinks she can. So its more about the principal of not getting taken advantage of than the money but..its about that too. I don't make much money at the part-time job where both of us work.

Biblitz replies:
TinyTeaman
Why would you bother for a mere $50? If this person is as you say, why not write it off? Simply refuse to participate in any other scams. If it's revenge you want, make a note of the church for which funds were raised and ask to speak to the person in charge of fundraising. Explain what happened - that you agreed to make the purchase and that it never arrived. Leave workmate out of it. Don't play 'he said, she said.' Ix-nay that. Just ask if there was any problem with the items purchased and, if not, when you can expect to take delivery. She may not want to give you the name of the church, but co-workers, too, may have made similar buys. Do you have anything to evidence your purchase? Don't discuss the matter with workmate. Go above her right to the source. If it's vengeance you seek, this is how it's done. Watch out for karma, though! Vengeance is mine sayeth ... someone or other.

What do I do about a collection agency?

I have a fine at the library of $39.63. Awhile ago my mom got a letter from a collection agency with the library fine amount, the library listed as the creditor, and the client ref. # my library card number. My mom has procrastinated getting more information about this and I need help quick. I haven't had the fine that long. A lot of the fine is made up of a CD that I returned, but wasn't in their system as returned. I went to the library to try and get it cleared up but it is missing and there was no proof I ever returned it. The rest of the fine is made up of a many small fines from late books. I haven't had the fine that long and my parents were going to pay it as soon as my dad's pay got better, but now with the letter from the collection agency I don't what to do. We hadn't even gotten a reminder or a deadline, just this sudden letter. Now for how I feel about all this: I am mad. I spend a lot of time at the library. The librarians know my name. I have volunteered for the library. Now I'm just a person who owes them a fine and they want it now. They didn't even send a notice saying they would appreciate the money soon or a deadline before they send a collection agency after me. Only reply to the legal part if you want to.

Biblitz replies:
TinyTeaman
This is the risk you take as a library borrower. Biblitz, too, once got stuck the same way and repeatedly. Librarians like to steal, too, it seems. Luckily, I was able to locate the material, which had been replaced on the shelves but somehow (conveniently!) not scanned by the computer. What to do: Man up and goeth to the library to explain that you're a regular, committed borrower - a volunteer even - and you're certain sure you returned the thing and could they please put a trace on it and indicate that borrower claims it was returned. Admit that you should have done this much sooner before the collection agency was notified. Libraries don't like to offend users as a rule, so they'll probably co-operate and call off the dogs. Add that if the CD has not been located w/i a reasonable period, you'll be pleased to replace it. And it may be required. If so, think of it as a tax on access to the greatest resource on the whole darn planet! What's better than a lending library?

What is the law on spam from an attorney?

I just recently got an email from my local city saying that an attorney has just requested a copy of the cities email list that the public signs up to receive the weekly newsletter about whats going on. He claimed the email list was public and forced them to give him all of our email addresses. Since I signed up with the city to receive our weekly newsletter, is there anything I can do if this guy decides to start spamming my email address or sells it for profit?

Biblitz replies:
TinyTeaman
The bar association, the attys' professional governinging body, quite often has rules about whether and how lawyers may communicate via the Internet. Start there. They may be quite interested in the transaction and eager to shut him down or at least curtail the enterprise. And, believe me, there is NOTHING scarier for attys than a msg from the law society's complaints and discipline committee!

If someone left their property with me how long before it is my property?

i helped a friend move she kept telling me that she would come get it after about 2 months of having it i kept it now she wants it back.

Biblitz replies:
TinyTeaman
Tut-tut. Not much of a friend if you refuse to give it back. Still, it is questionable whether a contract of bailment might be implied. If so, what might have been the consideration (money) clothing the contract? The article in question? I suppose if you wanted to play hardball you could charge her a fee for the two months in which you assumed responsibility for the thing. Or you could simply keep it, forcing her to sue you for conversion, which would be difficult since she stupidly left the thing with you and for two whole months after she moved. Either way, this friendship is over, so follow your heart ... if there is one in there somewhere.

Do i have to keep caring for his dogs after he moves out?

Still legally married, but he moved out after his affair. these dogs were his moms who passed, he kept them but never cared for them, he hasn't taken them and expects me to continue caring for them. i dont like them, never wanted them, and im allergic. im already main caregiver to our 3kids, 2cats, and 2bearded dragons. he still supports our household. do i have to keep the dogs?

Biblitz replies:
TinyTeaman
The dogs are his chattels (personal property) so you'd risk a suit framed in the tort of conversion if you lose them w/o providing him adequate notice. Best advice: Draft a short a letter cc'd to you indicating that in the absence of a bailment contract stipulating terms regarding the care and feed of these unwanted mutts of his mother's, you are advising him of your intention to remove them from your household by month's end using the usual methodology. If homes cannot be found by that date, you'll submit a bill to him from the local vet for their extermination. If he would prefer to reclaim the animals, he may do so (stipulate when and be fairly liberal here w/i reason). That should take care of it.

Question about self-made contract?

So, I'm in the process of finding a new home for my dog, since she deserves better than what I'm able to offer her in my current situation. I'm being very thorough about the process and want to ensure she goes to a wonderful new owner. I have created a contract to be signed by the new owner detailing certain specifications about the ownership and treatment of the animal (et cetera). My question is, would the contract be legitimate (if just printed out and signed by both parties)? Or do I need to create a contract in an official manner, by going to a court house... or something? Thanks for your input.

Biblitz replies:
TinyTeaman
Of course not! You can't put terms in a contract that exceed both the bounds of law (animal protection legislation already in place) and common sense. Goodness, surely the good people who agree to take the animal will apply their own judgment as well as any relevant legislation regarding dog's care and treatment. More than this would be unreasonable, unenforceable.

My stuff got stolen out of my safe and i know who did it but i dont have pictures of the stuff that i had init?

Me and my girlfriend broke up for awhile (2month), she left when i wasnt home and she took my floor safe with her, and moved in with her deadbeat parents that do not like me. She couldnt open it but she knew the punch pad code to it so awhile back i put a bracket on it with a lock so she couldnt get in there without the key. Well about the last two weeks before she came back she told me that her dad snipped the bracket that the lock was on so she could get in there and get her stuff out. I asked her not to touch nothing that wasnt hers in there and she said fine that she wont. Now when she gave me the safe back and i was missing my mother's rings, earrings, diamond and my old coins and old silver certificate paper bills. I then asked her about it and she promised me that she had nothing to do with it and i do beleive that she had nothing to do with the missing items. She said that it had to be her parents and somehow they got the code to it and taken the stuff out of it. I called the local police department and filed a report on it with her explaining her part of the situation to them. The detectives are doing nothing about it at all and im getting nowhere with them. I have a couple pictures of the rings that were taken and none of the coins and silver certificates bills. Now how much of a case would i have in small claims court against her parents with her telling her side of the story against her parents since they were the only people that also lived in the house. She told me that no one came over at all to their place so it has to be them and no one else knew the code to the safe besides me and i was never up there at all. Would i have a pretty good case in small claims court?

Biblitz replies:
TinyTeaman
Your claim is not against her parents but against GF, who committed the tort of conversion when she took your safe. When she did so, she assumed an implied bailment contract, which required her to keep your goods safe until they could be returned you - tho even if she had, you could still sue her for taking the safe and the contents belonging to you. She's on the hook for the full value of what you lost. Happily, she has provided a statement to cops indicating she was fully aware of all the items contained in the safe when she purloined it, so you won't have to go to great lengths to prove each item. Her statement will support your claim beautifully. Make sure you visit a qualified jewellery appraiser to obtain an estimate of your losses at fair market value. ... Isn't it great to win one occasionally!

knave

Caveat emptor, buyer beware. Especially in these gay anti-consumer, pro-plunder days thanks to - ugh! - deregulation, the cornerstone of Reaganomics still enjoying popularity among players like BP.

Tut-tut, you knave! The queen sealed her contract with consideration from the treasury to obtain the full baker's dozen. Biblitz has witnessed your thievery and will say so in Small Claims Court. Don't eat the evidence! You, there! Toonces, the cat. Mind that tricky sprinkler (see below) securing the perimeter against trespassing salesmen and those who distribute unsolicited reading matter!

Having brainlessly co-signed a loan for a friend, can I now sue debtor who has defaulted?

Biblitz replies:
TinyTeaman
Ha! By co-signing, you accepted the debt obligation as an unsecured creditor in the predictably likely event Poor Risk would default, failing to make the required payments, and now he has. You, as the proctologist puts it, must now bend over and inhale! Presumably, you received some sort of reward for undertaking such a foolish risk? That was the consideration that sealed your contract and your doom. Now bend over and be his bitch. Oomph!

Can I be sued for money I borrowed on the strength of nothing more than a promise to repay?

in the state of Michigan if I was given money from a friend. If we never signed a binding contract, if we simply spoke about me repaying him. Without the legality of a written document could the courts do anything to make me pay?

Biblitz replies:


TinyTeaman
No! Nothing at all, though try telling this to a loan shark. This is the risk the lending party takes with an informal loan.

How do i file a class action lawsuit against a major company?

i don't know how the legal system works at all so i'm hoping someone on here does and can help me out. i want to know how to get in on a class action suit against a major company, or how to file one if there hasn't been a lawsuit filed yet. very quick back story to show where i'm coming from... a few years ago i started wearing contacts that happen to be manufactured by a very prominent company (i don't want to name names but just be sure that they're a brand name most everyone knows). anyway, a few months into wearing them i realized that the contacts had actually dyed my eyes blue. these weren't color contacts, they were just normal contacts (slightly tinted for an easier time finding them in case they fell, or something like that). now, a few years later, i've still got these very distinct blue circles in my eyes from where the contacts dyed the whites of my eyes. friends and family have told me that i should join a class action lawsuit against the company because it's not right for the company to get away with doing that to people. luckily there were no serious side effects (not like there really can be serious side effects to contacts) but still, having your eyes dyed blue the rest of your life isn't something you want from your contact lenses. so i guess my question has two parts. one: do you think i'd have any luck in filing a lawsuit against this company, and two: how would i go about filing the lawsuit against the company? should i contact a local lawyer or find a lawyer online who does class actions lawsuits? i don't know where to begin... any information would be much appreciated. thanks!

Biblitz replies:
TinyTeaman
Whoah! Slow down, horse! Your legal action at this point if you have one is btwn you and the manufacturer. Your mission is to show the product directly caused the harm you complain of with no contributory negligence on your part, i.e., you somehow used the product contrary to instructions, or any other intervening possible causes. This will require considerable medical/scientific info! Vet your facts with a personal injury atty for starters and search online to see if other consumers have made similar complaints against the company. See what the Better Business Bureau (BBB) registers. Class actions, big $ for attys but alas, usually not litigants, work only if there are tons of people in the same boat. You don't know that yet. There may be other causes for the change in color, too, including natural causes. Change in eye color as we age is not all that uncommon, actually.

On the other hand, there may already be a class action under way which you might join. Atty will know.

What are my rights as a consumer?

My husband bought a 7 year old scooter for me. It is a 125cc Piaggio. From week one I had trouble with it (eg. the engine either not starting or starting but dying as I accelarate, oil leak, warning lights coming on). Then the battery just died. Took me a few days to finally get through to my dealer and to arrange for it to be fixed. Even though it was on a 2 months warranty the trader we got it from said the warranty does not cover call out. So I had to pay to have it delievered back. The bike was with the trader for 2 weeks before I was told I can pick it up. On the way back I found that the scooter made noises which wasn't there before and the oil warning light was constantly on. As I was pressed on time I couldn't turn back and the trader is not my local one. A few days after picking the scooter up the engine started to play up again starting but dying when starting off. It now doesn't start at all. My warranty has now expired. I called the trader who told me that I should be running the engine for a little while before starting off (I was never told this otherwise I wouldn't have chosen it) and when I told him that it doesn't start now at all he just said that he will see if someone is available to come out and would call me back in an hour and quickly hung up. He never did and I'm unable to get through to them again. My husband paid with his credit card and as I'm very disappointed with the bike would really just like to return it and get our money (or most of it) back. What chance have I got for that? Thank you for any help.

Biblitz replies:
TinyTeaman
Call the credit card company to cancel the payment then return the awful thing, explaining that it's unfit for the purpose for which it was intended as per the Uniform Commercial Code and various other product liability statutes. Provide a brief ltr to say seller acknowledges receipt of the item as of (date) and get employee to sign it. Give him a copy for his records. Then wait and see. While you're waiting for a response, if one is forthcoming, register a complaint with the BBB explaining the facts just as you have here, adding that you returned scooter and cancelled credit card charge. There are many ways to skin a cat. As long as you get seller to acknowledge delivery of the item, you're probably in the clear. If seller tries to demand payment, you may reply in writing stating your intention to cross-claim using the usual consumer laws to protect the public against defective products like this one, evidenced a fortieri by seller's failure even to discuss needed repairs. A bird in the hand, as it were. Make sure you keep any documentation to show how much maintenance/ repair work was required just in case. If there's trouble, tell the dealer you'll be pleased to bring the matter before the viewing public of your local news program. Reporters eat this stuff for breakfast. LOL!

Can I sue the company?

Hey guys, I was just eating a chicken Caesar wrap from a company called Cafe Collection Wraps I in the middle of one I found a sharp piece of black plastic in the part I was chewing. It was gross but it could have actually seriously hurt me. Does anyone know whether I could sue them and if I could how would I go about doing it?

Biblitz replies:
TinyTeaman
Check the product liability laws and regulations for food safety in your jurisdiction to see how you would frame a complaint. Certainly one is merited. Hope you saved the packaging and the black plastic sharp!

My mom is a drug addict whole stole my identity and is the trustee of my trust, how do I sue her?

First things first: my dad and mom's mother bought the house I grew up in. My parents eventually divorced and put his 50% of the house into a trust for my brothers and myself, while my mom forced my grandmother (she was extremely abusive to my grandmother). My dad thought we was signing his portion over to us when we turned 18, but he didn't read the paperwork (stupid, I know) and he actually made my mother the trustee of the trust. My mother now lives in the house and is a complete drug addict. She lets other drug addicts live there, and she has this fantasy that she is fixing up the house to sell, but in reality she is absolutely destroying it. I'd like to sue her out of her portion of the house, I met with a lawyer and was told I could definitely due this because she had stolen my identity and because she is causing so much damage to the house. The lawyer, however, told me it would cost me $5,000 down to do this. I've tried pro bono lawyers and no one will take the case. I'm confident in my intelligence, I just don't know how to go about suing someone or the paperwork I would need to fill out. And the house is located in Montgomery County, MD. If anyone would know how to go about suing her or the paperwork I would need to fill out please let me know. And please don't respond if you're just going to tell me to go to a lawyer. Thanks!
Workout Routines and Exercises
Biblitz replies:

You are unable even to disclose clearly the facts on which your action will be based! I have no idea from your description who has done what to whom. Has a joint-tenancy somehow been severed? If so, how? Such an arrangement is highly unusual, to say the least. Frankly, it smells.

This is potentially a complex real property case that probably will involve claims of competency, possibly criminal charges, all of which will require expert witnesses and a variety of medical hearings. Learning the rules of civil procedure on top of this is just not do-able. You'll invariably lose and probably create the basis for a few new civil matters you'll then have to defend.

Your best bet on these 'facts' is to visit the law library and ask reference lib. for the best treatise on devising real property in your jurisdiction. Ask for exactly that in those words as well as a few recent Continuing Legal Education (CLE) proceedings on real estate. Bring along any of your 'trust' documents to see if they fit any of the descriptions in the book. If you can puzzle out how the property is held, you'll probably conclude any rights you MAY have in the house are only triggered if /when mom dies. If that happens, would you own the place collectively with siblings? A truly hellish arrangement for all concerned! How would it work? Would you own it as tenants in common or in some twisted joint tenancy with a right of survivorship? Until you can fully characterize the facts, you can't proceed. Why not pay an atty to give you an opinion on the true nature of this 'trust' and what your options are? Are you even entitled to this property and, if so, if it's somehow held collectively, are you entitled to act unilaterally to bring an action against mom for dissipating it? I'm not convinced.

Should I have to pay storage fees on my mobile home before I can remove it from my mom's ex property?

I purchased a mobile home with my disability back pay and placed it on my mom's boyfriends property, per his insistance, he then broke up with my mom and moved in his new girlfriend and is insistant that I pay him storage fees before I can remove my trailer from his property. Can he do this?

Biblitz replies:
TinyTeaman
No - not unless you signed a bailment contract (see left) or agreed to one verbally. Since your mom was living there when such a contract might have been undertaken, and no such contract was created, there's no basis to presume one. At a vulnerable time such as disability, it's pretty usual to seek support from family. Explain to Mr. Hardass that you would be pleased to remove your trailer on (date you would like to pick it up) or at his earliest convenience. If he persists in pressing for fees, explain that he has misinterpreted the laws of bailment here: first, no bailment contract exists, nor is there a resonable presumption of same. As a result, any effort to keep your trailer on his property would sound in damages for the tort of conversion AND probably criminal theft charges once you notify authorities. It's that simple.

My wife took all the money out of the bank while we are in a process to divorce?

I am a stay home dad while my wife work because she makes enough money I take care of the huose and kids.. we are into a process to separete she right behind my back took all the money out of the saving account and her 401K also changed the lock on the house now I am staying at a friend house teh kids 13-15 saty with their grandparents.. any suggestion?

Biblitz replies:
TinyTeaman
Find all tax returns and any other relevant financial documents to bring to an exp'd family law atty. The more documents you have indicating a full financial partnership in which you undertake domestic duties the better. Gather anything to show wife agreed to your intention to go back to school/job re-training full-time (if you had such a plan). This way, she may be required to contribute toward your education for the duration. Unfortunately, if she pillaged a joint account, she was legally entitled to do so. She was not, however, entitled to change the locks on the family home, which may have to be sold to divide the proceeds unless both of agree o/w. Usually, courts prefer children remain in the family home if possible. It may not be in your case unless wife is able to buy you out and make alimony payments to you - and it's quite likely you'll qualify for same! Act quickly, though, before she starts hiding or depleting assets!

Trouble for wetting peddlers?

I have a "No Soliciting" sign on my door but I keep getting awakened by solicitors knocking on my door or ringing my doorbell. I wanted to know, can I get into trouble if I turn on the sprinklers to get them wet? Doing so would probably make getting out of bed a little more worth it... but I also don't want to get into any trouble for doing so.

Biblitz replies:

Biblitz salutes you! What an inspiration you are! You remind me happily of the Gary Larson cartoon featuring a farmer behind the curtain with a hand on a big switch while a fat cow swinging on the fence assures her comrades it's not electric! LOL! Pls post the results of your cheerful experiment at YouTube and send me the link!

A happy aside: If you obtain identification of these unwelcome wetsters, you may pursue them in a claim for dmgs for trespass, which is actionable per se. Means you don't have to prove dmg to make them pay - only that they were there. Btw, this is possible regardless of signage. This is the chance these brigands take when they ring a doorbell not their own.

Cups up to you, sir!

Trespass to land



Trespass to land is a common law tort that is committed when an individual or the object of an individual intentionally (or in Australia negligently) enters the land of another without a lawful excuse. Trespass to land is actionable per se. Thus, the party whose land is entered upon may sue even if no actual harm is done. In some jurisdictions, this rule may also apply to entry upon public land having restricted access. A court may order payment of damages or an injunction to remedy the tort. (From helpful Wikipedia, accessed online June 11/10)
TinyTeaman
Sprinkler owner in this video, if s/he was able to identify pet owners, could sue in most jurisdictions for the trespass of their pets - ka-ching!