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  1. #101
    Join Date
    Nov 2002
    Posts
    6,778
    Let's say, hypothetically of course, that a person subpoenaed as a witness for the prosecution was to receive an unsolicited check for $200 with a note that said, "thanks, just wanted to pay you for your time" would there be any legal ramifications to accepting the payment?

  2. #102
    Join Date
    Sep 2001
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    23,164
    yes, don't touch it.
    Merde De Glace On the Freak When Ski
    >>>200 cm Black Bamboo Sidewalled DPS Lotus 120 : Best Skis Ever <<<

  3. #103
    Join Date
    Sep 2001
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    The Cone of Uncertainty
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    49,509
    Well he already touched it I think.

    I think it needs some rockets and stars and a stamp and an envelope.

  4. #104
    Join Date
    Nov 2002
    Posts
    6,778
    I heard the guy touched it. I told him it probably wasn't a good idea to put it in the bank...at least not for a few weeks.

  5. #105
    Join Date
    Jan 2010
    Location
    your vacation
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    2,564
    if you supeana someone your suppose to pay their mileage from either their home or business to the court
    it's all in the filing paper work

  6. #106
    Join Date
    Sep 2001
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    The Cone of Uncertainty
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    49,509
    If there's sirens and somebody pounding on the door yelling "open up!" it's probably just a coincidence.

  7. #107
    Join Date
    Nov 2002
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    6,778
    I just talked to the guy, he said "$200? That's about a 1/3 of my plane ticket to Europe, fuck it I'm putting it in the bank!, what is the worst that could happen?"

  8. #108
    Join Date
    Dec 2003
    Location
    Seattle
    Posts
    32,060
    Quote Originally Posted by Foggy_Goggles View Post
    I just talked to the guy, he said "$200? That's about a 1/3 of my plane ticket to Europe, fuck it I'm putting it in the bank!, what is the worst that could happen?"
    I think you're fine banking it.
    Quote Originally Posted by Downbound Train View Post
    And there will come a day when our ancestors look back...........

  9. #109
    Join Date
    Oct 2010
    Posts
    1,408

  10. #110
    Join Date
    Jan 2010
    Location
    Colorado
    Posts
    547
    Quote Originally Posted by PNWbrit View Post
    Well done.

    Had little doubt you'd do it right.
    X2 great work!




    I got another lien paid, I win again!!!!






    Evil company that sells (I can't say because everyone would know who) in malls never paid the GC who went broke, hence I got zero money.

    I lien it and they say my lien is no good because it was too far back.
    "All:

    As we have previously discussed, the law firm of 3 guys names represents (ďTHE MONOPOLYĒ) regarding (ďTHE GCĒ). was the general contractor for a store. We are in receipt of your Notice of Intent to File a Lien Statement. Although the letter you sent was dated -----, it was not delivered via certified mail _____ until -----. My client has no record of a previous receipt of the Notice of Intent to File Lien.

    As youíre aware, the bankruptcy filing by THE GC left many subcontractors unpaid and placed evil monopoly in the position of double payment when paying subcontractors where it has already paid THE GC. We had to seek authority from the bankruptcy court to allow the monopoly to make any payments.

    As to your purported lien, the deadline for a contractor or subcontractor to file a lien is four months from the last date on which materials were delivered or labor was furnished to the site. Because the store in question opened -----, it is clear that any attempt to file a lien will be untimely and, therefore, will be invalid. Despite the untimely assertion of the lien, the monopoly seeks to work with subcontractors make payment to resolve these issues.

    I am authorized to offer payment of $HALF in full satisfaction of your claim, which is 50% of the amount you claim is outstanding. Please let me know whether you accept. We look forward to resolving this matter.

    If you are represented by counsel in this matter, please provide their contact information so that I am speak with them directly

    Regards,

    -lawyer guy-"



    My response is below. the first of about 12 emails in less than a week...

    Hello lawyers guys first name- I love using their first names.

    Feel free to email as often as you would like. I'll be emailing you for updates from now on.



    In Colorado you have to double pay for the store, then pursue legal action against the GC for forging the lien releases.
    Delaying payment like this isn't legal, I'm sure you don't want to encourage your customer to do that.
    I would like a copy of your signed lien release and your deposited check, I'm sure you would like to help me out with that. Can I have them by Monday?
    Is there anything else you can send to me?
    Emails form the GC from the project?
    When they notified you they went under?
    What is your payment status with the other subs?
    What are you planning on paying them and when?
    I have some other stores for your client in other malls, should I lien them at the final inspection?


    "As to your purported lien, the deadline for a contractor or subcontractor to file a lien is four months from the last date on which materials were delivered or labor was furnished to the site. Because the store in question opened ---- it is clear that any attempt to file a lien will be untimely and, therefore, will be invalid. Despite the untimely assertion of the lien, the monopoly seeks to work with subcontractors make payment to resolve these issues."


    The only effort your client has made was an effort to refuse any payment. They want a free store, you might need to tell them this is unjust enrichment.

    I was at the mall with sales guys name A here from another company and another guy from my company after meeting with another sales guy from company X 3 blocks away on this day. We then went to the store on ----- to blah blah blah. Our timer starts then. You can call guy A, my guy or salesmen B down the street. I have the emails still.

    I wanted to have lunch with the mall manager that day while I was in the building but he was busy. I have the text messages.





    ^Details like that, look good in court.

    PS I copied an image of my text and put it into an email so he couldn't copy and paste a response by line.

  11. #111
    Join Date
    Nov 2005
    Posts
    5,135
    Bumping this because I'm trying to answer this question (before I sign a contract--no subpoena...yet):

    Quote Originally Posted by fatnslow View Post
    So if one receives a subpoena for something they have nothing to do with you have to eat attorney costs just to cover your ass ? Merry fucking xmas to you Conondrum !
    In my situation I'm an independent contractor and my customer-to-be lives in a pretty litigious environment. If I get drawn into one of their squabbles is there any way to be compensated for the time I spend (probably defending them if history is any guide)? Or do I just have to jack up the rate up front and hope all goes well?

  12. #112
    Join Date
    Aug 2020
    Posts
    260
    Quote Originally Posted by jono View Post
    Bumping this because I'm trying to answer this question (before I sign a contract--no subpoena...yet):



    In my situation I'm an independent contractor and my customer-to-be lives in a pretty litigious environment. If I get drawn into one of their squabbles is there any way to be compensated for the time I spend (probably defending them if history is any guide)? Or do I just have to jack up the rate up front and hope all goes well?
    Iím no lawyer but in the contracts Iíve dealt with we usually made the consultant carry insurance to cover some of this scenario.

    IE - we get sued and you need to defend your design since you signed it. Clearly not part of the scope of the contract, so wanted a clause in your professional liability insurance that would cover both parties.


    Otherwise, is it in your scope? Canít you just change order at the time it comes up?

  13. #113
    Join Date
    Nov 2005
    Posts
    5,135
    Quote Originally Posted by old_newguy View Post
    Iím no lawyer but in the contracts Iíve dealt with we usually made the consultant carry insurance to cover some of this scenario.

    IE - we get sued and you need to defend your design since you signed it. Clearly not part of the scope of the contract, so wanted a clause in your professional liability insurance that would cover both parties.


    Otherwise, is it in your scope? Canít you just change order at the time it comes up?
    Liability is one thing, but I'm thinking about the hours spent working in response to a subpoena a year after my contract ends.

    I've plugged in clauses to charge them to help them audit carbon emissions and human trafficking throughout my operations and those of my subcontractors. But in the case of a subpeona I'm not technically acting on their behalf, so it seems like I can't charge for that. But I'd love to be wrong.

  14. #114
    Join Date
    Feb 2005
    Posts
    14,803
    If you want to work for free, go for it.

  15. #115
    Join Date
    Dec 2003
    Location
    funland
    Posts
    5,094
    That Joe Jamail video is hilarious. Here's a fun article about the dude:
    https://www.texasmonthly.com/the-cul...ho-ever-lived/

  16. #116
    Join Date
    Nov 2007
    Location
    So. VT
    Posts
    2,414
    Quote Originally Posted by jono View Post
    I've plugged in clauses to charge them to help them audit carbon emissions and human trafficking throughout my operations and those of my subcontractors.
    WTF kind of work are you doing?

    Sounds like you may need to be worried about concrete shoes more then a subpoena....

  17. #117
    Join Date
    Nov 2005
    Location
    Making the Bowl Great Again
    Posts
    13,178
    Quote Originally Posted by MakersTeleMark View Post
    If you want to work for free, go for it.
    Right. If you don't include a bill for your "reasonable" time with your responsive docs, you're doing it wrong.

  18. #118
    Join Date
    Nov 2005
    Posts
    5,135
    Quote Originally Posted by RootSkier View Post
    Right. If you don't include a bill for your "reasonable" time with your responsive docs, you're doing it wrong.
    Thanks, that's exactly what I was curious about. A little googling showed it varies depending on state/fed but "what's typical/real-world" was what I was wondering.

    The CO2 and human trafficking pledges (and audits!) seem like corporate virtue signaling for prime contractors in a dirty industry. IDK. The division I work with makes clean energy, so whatevs. I can compile meaningless data if you pay me enough.

  19. #119
    Join Date
    Jan 2017
    Location
    on the banks of Fish Creek
    Posts
    3,705
    how are you at TPS reports?

  20. #120
    Join Date
    Nov 2005
    Posts
    5,135
    Yeah, not that good, actually. In reality I don't get a lot of bullshit practice, just speculation.

  21. #121
    Join Date
    Mar 2005
    Location
    SE USA
    Posts
    2,763
    Emmkay? that'd be greaaatee
    "Can't you see..."

  22. #122
    Join Date
    Jan 2010
    Location
    Colorado
    Posts
    547
    I got to testify again yesterday!!!!

    Another 3 way kind of a thing and I was outside looking in.

    I didn't get to charge for my time but I negotiated another project from one of the parties. I saw it coming and put in lawyer time in on the front end, so I got paid twice but never really billed for my court time. Nice.

    They tried to trap me about 10 times, this one was pretty low brow.

    "Sir, how did you know it was a man and a woman, did you actually see them?"
    Me-"No, I saw knitting needles and her book, do you know a guy that knits?"
    ".... no"
    Me-"There was a lot of dog poo too, do you want to ask me if I saw the dog?"
    "... no"

  23. #123
    Join Date
    Sep 2005
    Location
    PRB
    Posts
    25,625
    I know a guy who knits.
    "fuck off you asshat gaper shit for brains fucktard wanker." - Jesus Christ
    "She was tossing her bean salad with the vigor of a Drunken Pop princess so I walked out of the corner and said.... "need a hand?"" - Odin
    "I'd eat a bag of Dicks and wash it down with a Coke any day." - iceman

  24. #124
    Join Date
    Nov 2008
    Location
    between campus and church
    Posts
    7,383
    I know a guy in this forum that knits.

  25. #125
    Join Date
    Dec 2012
    Location
    I smell poutine!!!
    Posts
    13,886
    I have pictures of my youngest kid when he was 10 at a wrestling match in his singlet and shoes knitting a mitten. He got a crowd of his team all jockeying for position on the bleachers to see what he's doing. That was the year he won states. That was also the last year he wrestled.

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