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Trailrated92

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  1. Its been far to long since Ive been on here , life's been quite busy . Anyway , I have a fairly sticky situation regarding a car loan that I could really use you insight on . Long story short , I bought a 97 Dodge Ram Pickup at a local dealer in Nov 2007 , I put down 2k cash and the payments due were roughly three hundred a month deducted straight from my bank account for a term of roughly 24 months . Due to a work related injury , I was out of work for quite some time and inevitably fell behind on the payments , defaulting at Feb 2008 . I know for certain the repo company has been visiting various locations looking for the truck twice , once in Mar 2008 and again just recently . I honestly do want to get this back on track so I can stop worrying about it , but to be honest given the turmoil in the Financial Sector for the last 6 months , I had started to think the Finance company folded . They are however still in business and my recent credit report pull shows them " writing off the debt " as of Aug 2008 as " unable to locate consumer " . I am still in possesion of the truck and recently renewed the registration on it ( over the Winter ) . The gist of my questions are , does NJ have any kind of Statute that provides that the repossesion must be effected within X period of time of the deliquency ? In other words , in NJ could someone just stop paying a car note and garage it for TEN years and the bank would still be able to legally grab it ? What about if the Finance Company has written off the outstanding debt which is approx $5440 dollars ?? I mean , if the finance company has written it off almost a year ago , who would I pay if I could pay the full note right now !?!?
  2. No commission is being paid a specified percentage of the sale price of goods or services as salary . We are paid "piece rate " best other industry I could refrence that also pays "piece" is Automotive Shops . Car Shops with ASE Certified Techs use several refrenance manuals that provided detailed definitions of "average" repair times for a Tech at an "average " level of skill and a corresponding rate of pay for that repair or "task" . I believe alot of roofers also make "piece rate " work based on the square footage of roofing they do per day . Im sure theirs lots of other industriestthat also operate on the "piece rate " scale . So Im thinking it should be pretty easy to find case law in my favor , or at least enough of an argument that they arent willing to risk it .
  3. Nope not the looney tunes company , the other BIG ( Worlds Largest ) provider . As to your other point I know of several cases where ABC Cable has been held jointly libel for the actions of one of their subcontractors with regards to damage to a customers property or other situations . In fact theres a case in Chicago where ABC Cable is being sued civilly in conjunction with a diff sub contracting firm whose employee returned to a job and sexually assualted and murdered the customer !
  4. The only way I know of to get a copy would be thru discovery process during litigation . Thats one reason I wanted to kick this around in here and get a variety of peoples opinions before I choose a course to take . Im not so much interested in whether or not my argument to enjoin ABC Cable as being jointly libel would actually win a court case , more trying to determine if there maybe enough case precedants to raise the issue in the hopes that they will feel pressured to settle out of court rather then risk not only that I might win in court but that the potentially bad publicity of an adverse decision against them will scare them enough to play ball . They are a notoriously bad company to deal with and are facing ever increasing competition from Verizon FIOS Service . If my case went to trial and became part of the public record the potential damages of the companies standing in the community and stock price hit would greatly outweigh a settlement for me to go away quietly . BTW , this is routine in the field amongst subcontractors around the country , but when people actually do try to stand up for whats right by their employees with ABC Cable , ABC Cable says tough , dont like it , we'll void your contract and blacklist you " They know there are plenty of other outfits out there that would willing sell their souls to get a piece of market share . The sub field really desperately needs to be unionized to help curb these abuses .
  5. It may be a stretch but depending on the wording of the contract between the ABC Cable Co and my employer , it seems to me that that ABC company could be held at least partly responsible for the actions and policies of their sub contractors especially if they know or reasonably should have known of the illegal pratice . As I stated earlier it is my belief both thru personal experience , and the input of people at my firm with a much more extensive work history and and time in the field that these practices are well known about but are ignored because ABC Cable benefits by receiving potentially 10's of millions of dollars per annum in "free " labor . I know of several cases where ABC Cable has been held jointly libel for the actions of one of their subcontractors with regards to damage to a customers property or other situations . In fact theres a case in Chicago where ABC Cable is being sued civilly in conjunction with a diff sub contracting firm whose employee returned to a job and sexually assualted and murdered the customer ! Plus , all of our work orders are gone over with a fine tooth comb by ABC after we complete the work , so the starting and end times are clearly available to them . It doesnt take a rocket scientist to look at the start time of the first job of the day and look at the end time for the last job that day and realize people are working 10 ,12 , 14, or more hours a day .
  6. Yes , a few short examples . Replacing the service line from the pole to the house pays X Replacing an interior house line pays Y Installing a new convertor box pays Z All you get is the rate for that task , regardless of whether it takes you 10 min or 10 hours the pay rate is still the same . Granted this means in certain cases its possible to actually make a really , really good pay rate ( sometimes equal to 50 bucks an hour ) say a task that pays 100 bucks and averages a 1 hour total job time for a competant tech , but do to a variety of circumstances you might complete the same job in a half hour , you would still make the "rate " for that job even though it took less time then average. Inversely , you might have a task that pays only 10 bucks and should take someone a half hour to complete , but again due to significant variables it actually takes you 3 hours to do the job , you still only make that 10 bucks called for in the pay rate schedule , thus essentially meaning your actually making less then minimum wage for that type of situation . Or in the case of my question , you arent paid a dime of overtime , regardless of how many hours you put in in a given pay period . The SOP for the Cable/ Telecomm field is set up on the belief that as a " piece rate " employee , your not entitled to over time pay . But the guys that complain to HR or the routing supers about working 50 , 60 , 70 or more hours a week without overtime compensation will be told "show up for work or dont bother coming back at all " Or you will be told that once you reach your forty hour limit you wont be assigned anymore work that week . Which means if you worked 4 10 hour days , but only made a few hundred bucks due to type of jobs/rates you were assigned , you essentially have only two options . 1) Agree to work more then 40 hours that week , knowing you wont be paid overtime in any form , and hope that you can make it up by increasing the volume of work you do for the rest of that pay period ,resulting in working exponentially even more hours to compensate with volume . 2) Accept only making a couple hundred that week and standing on the principal of not working for "free" beyond 40 hours, which will have a devastating effect on your finances . Most people just grit thier teeth and put up with working the extra time with no overtime pay rate so they can actually make a decent paycheck and support themselves and their families .
  7. We have such a diverse pool of extremely knowledgeable people here , and many of us enjoy discussing the aspects and what ifs of legal scenarios , I thought I'd throw this out there in hopes of interesting and stimulating discussion , in addition to some solid advice so here goes .................... Im employed by a rather large contracting firm for one of the top cable/telecomm co's in the country that alot of people here are familiar with . I am an employee of the sub contractor , we are paid by "piece rate" for those not familiar , there is a specfic definition of each task and a corresponding dollar amount paid for said task and thats all you get . We routinely work significantly more then 40 hours a week and receive NO overtime compensation for those hours worked past 40 . My employer has been previously sanctioned by the State Dept of Labor for this exact type of behavior in the past, so they are intimately aware that this type of payment method is illegal , they just view it as the cost of doing buisness when someone actually complains . I feel that were I to sue for the unpaid overtime , that I can make a valid argument that the "parent company " my employer contracts with can also be held liable for this behavior on the premis that by the very nature of their contract and the volume of work we produce , the parent company knows or reasonably should know whats going on . The truth is everyone knows it happens , and I personally believe the parent company intentionally over looks it because they benefit from potentially 10's of millions of dollars of essential "free " labor each year . My understanding is that I am entitled to over time at the normal one and a half times rate for any hours worked over 40 . That figure to be determined by dividing total number of hours worked in a pay period , divided into my gross income for that period , to establish the comparable hourly rate , then multiply by 1&1/2 beyond 40 The attorneys I have spoken with seem to feel that it would be very difficult to name the parent company in a suit and wants to only concentrate on my employers acts . One even said he wouldnt even dare to raise such an argument of linking the two in Court for fear of sanction . Theres more details that would take far to much space to add here , suffice to say I just cant believe theres no precedant to hold the big bad cable co equally liable for the behavior of their subcontractors. If i can tie the big dog in, then I stand a much more substanial chance of getting a settlement then if i stick to just going after my employer . Thoughts ???
  8. Hey all , ready to get started on my "recovery " efforts . First and most important one to tackle is Williams , Alexander and Associates , a North Jersey ( Paramus comes to mind for some reason ) Law Firm / CA . This is related to my broken arm last August and a dispute with the Billing Manager of the Orthopedists Office where I was treated and myself . I made arrangements with the Dr's Office to work with me on the bill as I was un insured , out of the blue they sent my information and "account" to Williams , Alexander and Assoc without explination ( violation of agreement ) . The clown on the phone is fairly light weight , when I asked for a copy of their Bonding ( mandatory under NJ Law ) she tried to claim the FCRA required me to make my request in writing ! .After I continued to point out several other specfic violations and she realized they were gonna have to fight me for every thing , she accused me of being a professional debtor. lol Apparently being knowledgeable about my rights and the law upset her a bit . Anyway , I tried the search feature and either I have been away to long , or theres not much about them on CB , but I didnt get to many helpful results . Looking for info I can leverage if needed , pst actions , past experiences from others , past court cases involving them and any violations etc . Any help greatly appreciated .
  9. canes , of course I know who you are ! Maybe it would be better to just lock the post , because I honestly cant see how we could stay " On Topic " about the shootings without drifting dangerously close to topics/posts that maybe construed as violating the TOS . For gods sake, unless this topic was and is intended as nothing more then a memorial to the victims and nothing else , how could anyone here actually discuss anything surrounding the incident without at least brushing on the factual elements that occured and peoples opinions and thoughts about how the aforementioned facts may have effected the outcome of the incident ?
  10. Hege , Thx for the friendly reminder , but Ive been here long enough to be thoroughly familiar with the TOS , hence my striving to not post about this with regards to politics or right/left ideals and more examining it from the social aspects . Am I outraged and defensive ?? You bet I am ! Outraged that woefully ignorant social engineers continue to espouse beliefs and policies that do absolutely zero about crime and serve only to ensure that innocent people are left virtually defenseless. For me it isnt necessarily a "political " thing , although Ill admit the issues are very much intertwined . For me its much more a moral outrage that a minority group of people , aided and abetted by a complicit media , intentionally lie to the general public and withhold pertinant facts in order to further their agenda. Clearly the current policies are a dismal failure , much like the War on Drugs . Im certainly not advocating for every citizen be compelled to arm themselves , thats a personal choice for each , Im simply advocating that a non partisan , honest read of the facts and statitics have shown abudantly that its way past the time to try something that might actually work . That being said , since The 2nd Ammendment will never go away , and that people have an inherent , God given right to self defense , then let law abiding citizens have the one tool that might actually save their lives . I know I may be treading a fine line with regard to the whole political aspect , but I honestly am trying to avoid any mention of the "politics" in favor of an enlightened discussion from a social ills standpoint .
  11. Sorry to burst your bubble canes but you know not of which you speak ( at least this one time ) Gun crime trebles as weapons and drugs flood British cities By David Bamber, Home Affairs Correspondent Last Updated: 12:36am GMT 24/02/2002 GUN crime has almost trebled in London during the past year and is soaring in other British cities, according to Home Office figures obtained by The Telegraph. Police chiefs fear that Britain is witnessing the kind of cocaine-fuelled violence that burst upon American cities in the 1980s. Cocaine, particularly from Jamaica, now floods into Britain, while the availability of weapons - many of them from eastern Europe - is also increasing. Detectives in London say that the illegal importation of guns started after the end of the Bosnia conflict and that they are changing hands for as little as £200. During the 10 months to January 31, there were 939 crimes involving firearms in the Metropolitan Police area compared with 322 in the 10 months to the end of January, 2001 - an almost three-fold increase. advertisementIn Merseyside there were 57 shootings during the 12 months to last December compared with 15 in the same period the year before. Greater Manchester also recorded a 23 per cent increase in gun crime and there have been rises in Nottinghamshire, Avon and Somerset, West Yorkshire and the Northumbria Police area which covers Newcastle. Gun crimes during the first 10 months of the annual period have trebled in most of the urban areas which have so far submitted statistics to the Home Office. Sir John Stevens, the Metropolitan Police Commissioner, said gun gangs were spreading across the country whereas, until recently, they were confined to a handful of London boroughs. Sir John said: "We have to stem the large number of guns coming in. We know you can buy a gun in London for £200 to £300, and that's frightening. The price of hiring or buying a gun has come down because there are more guns circulating. We are having success; we are taking out about 600 guns a year." The new gun crime figures also show that handgun crime has soared past levels last seen before the Dunblane massacre of 1996 and the ban on the weapons that followed. The ban on ownership of handguns was introduced in 1997, the year after Thomas Hamilton, an amateur shooting enthusiast, shot dead 16 schoolchildren, their teacher and himself in Dunblane, Perthshire. It was hoped that the measure would reduce the number of handguns available to criminals. According to internal Home Office statistics, however, handgun crime is now at its highest since 1993. And another , Did British Gun Control Work? Iain Murray Saturday, June 23, 2001 WASHINGTON – When we read about children carrying weapons, of course we worry. Their inexperience and naiveté can lead them to do stupid things, with tragic consequences. Therefore, it is only natural that one response should be to push for more restrictions, to make it more difficult for children to get access to weapons. If it works for children, why shouldn't it work for adults? If we want to stop criminals carrying guns, for instance, wouldn't the best way be to restrict everyone's access to them? One of the best ways of checking hypotheses like these is to look at actual tests of the theories. The test lab in this case is Britain, which enacted strict gun control laws five years ago following an especially tragic school shooting. But the results so far are not good. Americans were shocked when the Josephson Institute of Ethics revealed data in April that showed that 14 percent of all high school students and 21 percent of all boys had carried a weapon to school at least once in the past year. Addressing these findings, a representative for Handgun Control told Time.com, "The least we can do is keep guns out of kids' hands." That's exactly what Britain's strict gun laws aim to do. But according to a survey for the British government's Youth Justice Board released last week, fully 26 percent of high school-age students there have carried a weapon for aggressive or defensive purposes in the last year. Unfortunately, neither survey broke down the results by weapon type (although 17 percent of the British children admitted carrying a knife). But worryingly, among British "excluded" students (those who had been suspended or expelled from school), a staggering 23 percent claimed to have had access to a gun in the last year. This is in a country where it is virtually impossible to get access to a gun legally. Some commentators have suggested that part of the reason that the current outbreak of foot and mouth disease spread so rapidly there was because veterinarians could not shoot infected animals on the spot because they are forbidden to carry pistols. Yet we have evidence that almost one-fourth of the children who need the most help in avoiding taking the wrong path have access to firearms. Strict gun laws don't seem to be helping them much. Nor are they helping hold down crime in general. The recent International Crime Victimization Survey, which provides a good indication of overall crime levels around the world, shows that, while crime fell dramatically during the 1990s in the United States and most of the rest of the world, it has remained steady in Britain and Australia (which also enacted a gun ban during the late 1990s). Meanwhile, gun crimes in Britain are increasing. According to London's authoritative Sunday Times, the number of firearm offenses in Britain increased almost 40 percent from 4,903 in 1997 to 6,843 in 2000. These are still small figures in comparison to the United States, but the trend is the opposite of what might be expected. It does not seem that Britain can be said to be a safer place as a result of the gun ban. The police there have traditionally gone unarmed, but the number of incidents in which police officers have had guns issued to them in recognition of potential danger increased from about 6,000 in 1994-95 to over 12,000 in 1997-8. With such incidents come the inevitable mistakes: British police recently shot dead a drug dealer in his own bedroom. He was both unarmed and naked at the time. Nor has strict control had much effect on the number of guns available to criminals. British police estimate that there are nearly 300,000 illegal guns in circulation there - one for every 200 people. To put that figure in perspective, the leading U.S. authority on gun numbers, Gary Kleck of Florida State University, estimates that only 180,000 guns are used in crimes in the United States each year. So despite the strict gun control laws, there are more than enough illegally held guns in Britain to allow gun crime there to reach U.S. proportions. These figures speak for themselves. Britain enacted strict gun control laws and has achieved a rise in gun crime, a decline in safety and a position where access to firearms among delinquent children seems commonplace. These are valuable lessons in this experience for other countries, including the United States. If the United States enacts strict gun laws nationwide, the American people cannot expect to see a swift drop in crime or to see our police able to do their jobs with less risk. Most of all, they cannot expect such laws to free delinquent children from the seduction of the gun.
  12. Some more random thoughts .................... How many people realize the Supreme Court has ruled that Law Enforcement has NO legal obligation to offer protective services to individual citizens ? In other words the highest court in the land is ackowledging the police not only cannot possibly be everywhere at once , but that we are essentially responsible for our own safety and security . People have an inherent , God given right to defend their lives and the lives of loved ones from attackers. And yet all people do is continue to outlaw or heavily restrict the very means to protect ones self ! Weakness, either perceived or actual , always has and always will be viewed as an invitation to attack by any predators , be they four legged or two legged . While extremely difficult to contemplate for some , the truth of the matter is that as long as Society continues to deny people the knowledge , tools and the Law to defend themselves from attackers by whatever means necessary , we will continue to bear witness to more and more acts like this .
  13. Anyone else notice how all these"mass" shootings seem to only occur in areas declared to be Gun Free Zones ?? Illinois , Virginia Tech , Columbine , Pearl Mississippi, the malls in Utah and Oregon and on and on and on . Theres at least 25 or more instances in the last 10 years and every last one occurs where the perpetrator is virtually assured of being able to carry out his evil plot with little or no fear of reprisals from any of the intended victims . Nothing like standing idly by and leading the sheep to the slaughter at the hands of a maniac .

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