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Yes...Yes...More Legal Freebies!

By Lafe Tolliver, Esq
Guest Column

     Please! I am doing my very best in getting these legal freebies out to my reading public as fast as my hands can type, so please be patient for these golden legal gems.

Your signed petitions that I produce faster and faster, will simply not influence me!

Freebie One:  Landlords: If you are renting any unit and the party is working, always, always get their place of employment and demand to see a picture ID to make sure that you are renting to the person who he says he is!
 


Lafe Tolliver, Esq

Identity theft in the rental market is nothing to be casual about. If she has a car, record her license plate number to run a motor vehicle bureau check.

Freebie Two: Tenants: If you are asked to pay a rent deposit, either pay it with a check or get a receipt and always get a statement in writing that if the apartment or unit is not ready by X agreed upon date, that you are free to cancel the agreement and get your entire deposit returned to you on the spot....not 30 days later.

Freebie Three:  If and when you are asked to attend a deposition as a witness, make sure that you ask for your witness/travel fees at the beginning of the deposition to make sure that such a required payment was not, "forgotten."

Freebie Four:  Yes, you can have minor misdemeanor charges expunged if you qualify for the process of expungement. Such a "minor" charge can still follow you around and hurt your chances for certain jobs and benefits. Being a "minor" charge is not a trifle.

Take care of business and have it expunged, if you qualify for expungement. The same goes for criminal charges that were filed against you but were later dismissed. Expunge them!

Freebie Five:  Certain misdemeanor charges allow for you to delay entering a plea but rather you can be asked to be referred to the alternative/diversion program and if successful, your plea can be something other than guilty.

Freebie Six:  Never, ever buy a house without getting a property inspection of it. If the report is derogatory, you can use those remarks to either get a price break to cover the expenses to repair or you can back out of the deal and get any paid deposit monies if such a clause is placed into the offer to purchase agreement.

Freebie Seven:  If you have the unfortunate event to enter into a store and for no fault of your own, you slip and fall...do not remove yourself from that spot. Stay there and call out for help. If people are around you, ask them to call the manager. Always stay around an fill out an incident report and get a copy of it from the store.

If they ask you, "Are you OK," simply say, "I do not know yet." Whatever you say, can be used against you if the store tries to contest your claim for injuries. If injured, always go to the ER or a hospital by ambulance. Why? You need a paper trail to support your injuries.

Freebie Eight:  If you are driving a car and the police pull you over, do NOT lean into your car glove compartment box in order to get any papers. That can be seen as a "furtive move" and the officer will say that he felt threatened by that sudden move and that is why he shot you nine times. Freeze and obey the commands and keep a clear mind so that you can get the name and badge number of the officer (without jeopardizing your life and health) in the event that you need to file a suit for police harassment.

Freebie Nine:  Yes, the police can ask the identity of all members in a car and can ask them to step out of the car for his or her safety. So, please do not jawbone with the officer, it only makes him mad and he will say that you were obstructing official business.

Freebie Ten: If the police ask to search your car trunk or car, state for the record that you refused any search. Note: If someone is with you and they have a cell phone camera, they can record the events in spite of the officers saying not to. As long as the person recording does not interfere, he or she has a right to be present and to record.

Freebie Eleven: If a relative dies and there is a will and the person who has the will refuses to cooperate by placing the will in the probate court for legal proceedings, you can ask the court via a written motion that such a person be required to come to court with the will and start the process. You do not have to be a victim.

Freebie Twelve: In your search for assets of a deceased party, check each state's lost or unclaimed funds department in which that person lived including the websites for locating missing insurance policies and US savings bonds.

Freebie Thirteen: If you believe that you have been a victim of discriminatory treatment at a worksite, you can always start the process of an investigation by filing a charge with the Ohio Civil Rights Commission located at One Government Center. File right away. Don't wait weeks or months. There is no charge to file.

Freebie Fourteen:  Some of the ways to bypass probate court when someone dies is to make sure that during their lifetime they know that they can place your name on their savings or checking account (called either a P.O.D or a T.O.D account) so that in the event of their death, you are the sole heir to any remaining balances in those accounts.

The same goes for insurance policies or death benefits at work. These type of "contracts" are not part of a person's estate when they die. They are separate and are governed by contract law...not Ohio probate law.

Freebie Fifteen:  You have a house and you want someone to be able to live there for the remainder of their life and before the property is transferred to someone else? Simple. On the deed you can have a clause that allows a person or persons of your choice to live there during their natural life and when they die, the property is only then transferred out to the other named person. It goes something like this: "A life estate to my cousin, Lakeeshia Jones and then upon her demise, the property is to be deeded to Demarkus Jones in fee simple absolute."

Freebie Sixteen:  If you buy a used car, always make sure to get the VIN number and

check that number to make sure that the car is not stolen and also has not been

engaged in any recorded car accident(s) or has suffered other damages. If the seller of the car says no to your request for a VIN (vehicle identification number), run...not walk from that car lot because you are about to be duped. I mean, what is there to hide...right?

     Well, there you have it dear readers, enough Legal Freebies to almost qualify you to get a law license...but not quite!

Contact Lafe Tolliver at tolliver@juno.com

 
   
   


Copyright © 2017 by [The Sojourner's Truth]. All rights reserved.
Revised: 08/16/18 14:12:34 -0700.


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