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dblsg
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Post by dblsg » Thu Nov 23, 2006 2:38 am

on a brite said... you can save some money for carlisle :wink:

hope everything works out bro.
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702Neon
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Post by 702Neon » Thu Nov 23, 2006 2:56 am

CrucialNeon wrote: they also told us they don't keep a record of background checks. we were like WTF does that mean, do you just get a call from someone & they say if the person is clean or not.

that's one mistake on their part already. no records.......too bad for them. i really hope everything is going to work out for you.
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LaidNeon
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Post by LaidNeon » Thu Nov 23, 2006 3:10 am

the good thing about this, is they didn't take legal action on evicting us. they asked us to leave without a court order to keep this from going on our record. but we still feel like there's something fishy going on
- Dan

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NiteHawk
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Post by NiteHawk » Thu Nov 23, 2006 2:15 pm

bige1030 wrote:Disclaimer: Not legal advice. For informational purposes only. Get a lawyer if you need legal advice.
CrucialNeon wrote:im gonna look into the possibility of suit. I think i will talk to the complex monday about why we are really being kicked out & show them that link.
You've got the right to this information - it's federal law. The Fair Credit Reporting Act (FCRA) covers much more than credit reports...it covers your background check report, too. Based on it, your landlord *must* meet some notice requirements (in oral, written, or electronic format). 15 USC § 1681m says they include the following:
  • Notice of the adverse action
  • The name, address, and telephone number of the consumer reporting agency (including a toll-free number for a nationwide agency) that furnished the report to your landlord
  • A statement that the agency did not make the decision and is unable to provide you with specific reasons why the adverse action was taken.
  • Notice of your right to a free copy of a consumer report from the agency that supplied the original report
  • Notice of your right to dispute the accuracy or completeness of the information in the report
Enforcement of this notice requirement must be done administratively, and unfortunately not by civil action.
CrucialNeon wrote:To me a conviction means i would have to spend time behind bars, & I have yet to see the inside of a prison cell.
Not always. Some people don't spend any time in prison for minor offenses, especially the minor misdemeanors, and they're still considered convicted. Hell, even with traffic offenses, the court considers those convictions of violating the law, but people often don't care about them unless you're getting a job driving or something like that.
you must be a paralegal..... (which is also why if you are, you would state that your not giving leval advice, because paralegal's CANT give legal advice, its not legal for them to), go figure right?
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Post by bige1030 » Fri Nov 24, 2006 12:56 am

NiteHawk wrote:you must be a paralegal..... (which is also why if you are, you would state that your not giving leval advice, because paralegal's CANT give legal advice, its not legal for them to), go figure right?
Actually no...though I am quite familiar with the law. I've done legal research on my own...it's pretty easy online. LII @ Cornell is one of the best places to look. Googling often gets me started, though, since statutes are a pain to navigate. I sometimes use LexisNexis through my university's library to pull up case law (opinions)...or sometimes the courts will have opinions on their websites (usually only recent ones). I've also had personal involvement with the law, which is working out in my favor.

It's illegal for anyone but a lawyer to give legal advice, and lawyers must conform to certain standards when doing so. I oftentimes write a little disclaimer to cover my ass if someone decides to use what I say as legal advice.

I'm curious, though: do you think what I'm saying is accurate? If so, your comment would be quite the compliment :)

I'd probably be richer if I were a paralegal, though...
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dcan316
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hey man....

Post by dcan316 » Wed Nov 29, 2006 2:05 am

Hey,
Well this is all politics my friend it suxs. The apartment complex people they dont have to give you any background check report the only thing you should ask for is a there statement of what was their reason of kicking you out. Then you take that to the lawyer and sue their asses off for all the mental stress and moving cost etc. Plus try getting a public defender and also try to sue your lawyer who miss informed you that you will not have any felony, i would get that investigated. Good luck and get to the bottom of that, its all about the principle my friend. later

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LaidNeon
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Post by LaidNeon » Wed Nov 29, 2006 7:09 pm

i had my boss run a background check on me & it shows my probation as a Felony for organized crime. it also shows deferred adjutification & shows when i completed it
- Dan

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