Son wins US lawsuit against parents who threw out his porn collection

[Roudy]

Masturbation is a constitutional right, that's why most politicians do it to themselves and the American people.

 

[Eric Arthur Blair]

He also sounds like a spoiled, entitled ass.

A super loser! The kind of person you could not invent.
And a box of porn worth $29,000? That's just absurd b.s.!

 

[Cecilie1200]

Masturbation is a constitutional right, that's why most politicians do it to themselves and the American people.

I must disagree, in that I think what politicians do to the American people is less masturbation and more outright rape. Metaphorically speaking, of course, for any hyper-literal doofus reading this.

 

[Roudy]

Masturbation is a constitutional right, that's why most politicians do it to themselves and the American people.

I must disagree, in that I think what politicians do to the American people is less masturbation and more outright rape. Metaphorically speaking, of course, for any hyper-literal doofus reading this.

It's a combination of both. They masturbate the people in order to get elected, then when they're in office, they join the other rapists that got them into office. From there it's on again off again.

 

[Ray From Cleveland]

That's certainly how it works in Arizona, from the perspective of someone who's been a tenant several times. The landlord can't touch the stuff so long as the rent has been paid, but anything that's still in the unit after the rent runs out becomes the property of the landlord to do with as he pleases. Basically, the only right you have to the use of someone's property is what you've paid for.

Correct which is why I think an appeals court would laugh at this and rule in favor of the parents.

 

[Cecilie1200]

Masturbation is a constitutional right, that's why most politicians do it to themselves and the American people.

I must disagree, in that I think what politicians do to the American people is less masturbation and more outright rape. Metaphorically speaking, of course, for any hyper-literal doofus reading this.

It's a combination of both. They masturbate the people in order to get elected, then when they're in office, they join the other rapists that got them into office. From there it's on again off again.

Fair point.

I think the politicians and the voters have an abusive-relationship paradigm happening. The politicians beat and rape the voters, and then at election time, they're all flowers and candy and "I'm so sorry, honey, I'll never do it again, please take me back."

And the voters always break and fall for it.

 

[JoeB131]

The judge is wrong. Nobody has the right to keep their belongings on your property. An appeals judge will overturn this in a minute, especially since this judge viewed it from a landlord/ tenant perspective.

So his parents are going to spend tens of thousands of dollars on an appeal to get out of a $29,000 judgement?

You realize that isn't very smart, don't you?

 

[Ray From Cleveland]

So his parents are going to spend tens of thousands of dollars on an appeal to get out of a $29,000 judgement?

You realize that isn't very smart, don't you?

Who said it's going to cost them anything but court costs? Sure beats having to give their ungrateful punk son 30K for his stupid porn collection.

 

[JoeB131]

Who said it's going to cost them anything but court costs? Sure beats having to give their ungrateful punk son 30K for his stupid porn collection.

Here's another link... Hey, you can read the whole thing and take something else out of context.

Appeal Costs: Understanding Pricing Factors

Learn about the costs of filing an appeal. Explore the factors that determine appeal expenses and get an idea of how much you might expect to pay.

www.alexanderappeals.com

The cost of an appeal depends on four major factors: the complexity of the issues, the number of issues, the length of litigation and trial proceedings, and the rate charged. While there is no such thing as an “average” appeal, a litigant should not expect to pay less than $10,000 unless the issues are simple and limited in number. For complex cases, fee amounts of $15,000 to $30,000 are not uncommon.

Aside from attorney’s fees, litigants are also responsible for the costs of an appeal. These costs are usually limited to filing fees, preparation of the record, and transcription services, but they quickly add up. Transcription is generally the most expensive and can cost as much as $2,000 per full day of hearings.

 

[Ray From Cleveland]

Who said it's going to cost them anything but court costs? Sure beats having to give their ungrateful punk son 30K for his stupid porn collection.

Here's another link... Hey, you can read the whole thing and take something else out of context.

Appeal Costs: Understanding Pricing Factors

Learn about the costs of filing an appeal. Explore the factors that determine appeal expenses and get an idea of how much you might expect to pay.

www.alexanderappeals.com

The cost of an appeal depends on four major factors: the complexity of the issues, the number of issues, the length of litigation and trial proceedings, and the rate charged. While there is no such thing as an “average” appeal, a litigant should not expect to pay less than $10,000 unless the issues are simple and limited in number. For complex cases, fee amounts of $15,000 to $30,000 are not uncommon.

Aside from attorney’s fees, litigants are also responsible for the costs of an appeal. These costs are usually limited to filing fees, preparation of the record, and transcription services, but they quickly add up. Transcription is generally the most expensive and can cost as much as $2,000 per full day of hearings.

If you hire a lawyer, sure it can cost you a lot of money, but not for personally filing a case yourself and paying whatever fees are involved.

 

[Rigby5]

That's certainly how it works in Arizona, from the perspective of someone who's been a tenant several times. The landlord can't touch the stuff so long as the rent has been paid, but anything that's still in the unit after the rent runs out becomes the property of the landlord to do with as he pleases. Basically, the only right you have to the use of someone's property is what you've paid for.

Correct which is why I think an appeals court would laugh at this and rule in favor of the parents.

Incorrect.
All states have lots of law giving tenants rights over landlords.
When rent is overdue, that only allows landlords to go to court in order to get a judge to issue an eviction notice.
Landlords can never evict on their own, in any state.

Here are some AZ laws protecting tenants:
{...
Tenant Rights to Withhold Rent in Arizona
Tenants may withhold rent or exercise the right to “repair and deduct” if a landlord fails to take care of important repairs, such as a broken heater. For specifics, see Arizona Tenant Rights to Withhold Rent or “Repair and Deduct”.

Arizona Termination and Eviction Rules
State laws specify when and how a landlord may terminate a tenancy. For example, a landlord may give an Arizona tenant who has failed to report a criminal record an unconditional quit notice that gives the tenant 10 days to move out before the landlord can file for eviction. See State Laws on Unconditional Quit Terminations and State Laws on Termination for Violation of Lease for details on these types of termination notices in Arizona.

Landlord Access to Rental Property, Tenant Protection Against Retaliation, and Other State Laws in Arizona
Several other landlord-tenant laws in Arizona affect both property owners and renters, including:

• restrictions on landlord’s right to access rental property (Arizona landlords must provide two days’ notice of entry)
• tenant protections against landlord retaliation for tenant exercising a legal right, such as complaining about an unsafe living condition (see Arizona State Laws Prohibiting Landlord Retaliation for details)
• special protections for tenants who are victims of domestic violence (see Arizona State Laws Affecting Tenants in Domestic Violence Situations)
• procedures for how landlords must handle abandoned property left behind by tenants, and
• fair housing rights (discrimination is also prohibited by federal and, often, local law—see the Housing Discrimination section of the Nolo site for details).

Where to Find Arizona Landlord-Tenant Statutes
If you want to read the text of a law itself, such as state security deposit rules, you’ll find citations in many of the articles and charts included in the State Landlord-Tenant Laws section of the Nolo site. To access the statutes, go to the Arizona Laws and Legal Information section of the Nolo site and find the link to your state laws.

If you just want to browse through the Arizona landlord-tenant law, you can find state statutes at Ariz. Rev. Stat. Ann. § § 12-1171 to 12-1183; 33-1301 to 33-1381; 33-301 to 33-381. You can search the table of contents for the landlord-tenant statutes. Or, if you don’t know the exact statute number, you can enter a keyword that is likely to be in it, such as “nonpayment of rent.”
...}

 

[Rigby5]

Who said it's going to cost them anything but court costs? Sure beats having to give their ungrateful punk son 30K for his stupid porn collection.

Here's another link... Hey, you can read the whole thing and take something else out of context.

Appeal Costs: Understanding Pricing Factors

Learn about the costs of filing an appeal. Explore the factors that determine appeal expenses and get an idea of how much you might expect to pay.

www.alexanderappeals.com

The cost of an appeal depends on four major factors: the complexity of the issues, the number of issues, the length of litigation and trial proceedings, and the rate charged. While there is no such thing as an “average” appeal, a litigant should not expect to pay less than $10,000 unless the issues are simple and limited in number. For complex cases, fee amounts of $15,000 to $30,000 are not uncommon.

Aside from attorney’s fees, litigants are also responsible for the costs of an appeal. These costs are usually limited to filing fees, preparation of the record, and transcription services, but they quickly add up. Transcription is generally the most expensive and can cost as much as $2,000 per full day of hearings.

If you hire a lawyer, sure it can cost you a lot of money, but not for personally filing a case yourself and paying whatever fees are involved.

From my understanding, an appeal can only be filed by a lawyer, and lawyers who understand appeals procedures are usually very expensive.
You think we have legal rights in this country?
You are mistaken. You only have the legal rights you can afford.

 

[DrLove]

When I was in high school, my Mom knew damn well that I had a small collection of girly mags under my mattress.
But she was cool enough not to toss 'em

 

[beautress]

A man who sued his parents for getting rid of his pornography collection has won a lawsuit in western Michigan and can seek compensation. The US district judge Paul Maloney ruled in favour of David Werking, who said his parents had no right to throw out his collection. He lived at their Grand Haven home for 10 months after a divorce before moving to Muncie, Indiana.

Werking said boxes of films and magazines worth an estimated $29,000 (£21,500) were missing. “There is no question that the destroyed property was David’s property,” Maloney said. “Defendants repeatedly admitted that they destroyed the property.”

Werking’s parents said they had a right to act as his landlords. “Defendants do not cite to any statute or case law to support their assertion that landlords can destroy property that they dislike,” the judge said.

Son wins US lawsuit after parents destroy his porn collection

David Werking can seek damages after parents got rid of films and magazines worth $29,000

www.theguardian.com

While I admit the parents should have never thrown away this guys property, isn't he being a little ungrateful for them taking him in for nearly a year during a time of need, and then suing them in court? While the parents could have told him to find a different place for his porn, he should know his parents well enough to anticipate their rejection of his hobby. What I don't understand is a porn collection. 30 years ago? Yeah, perhaps, but who collects porn these days when we all have access to the internet and can watch or see just about anything we want?

Kill the umpire!!!

 

[Ray From Cleveland]

When I was in high school, my Mom knew damn well that I had a small collection of girly mags under my mattress.
But she was cool enough not to toss 'em

Everybody is different. My mother wouldn't have allowed it and just very well may have thrown it away if she found it. My mother is pretty religious though.

 

[Ray From Cleveland]

From my understanding, an appeal can only be filed by a lawyer, and lawyers who understand appeals procedures are usually very expensive.
You think we have legal rights in this country?
You are mistaken. You only have the legal rights you can afford.

To some point I would agree. But I never heard of a law that only lawyers can file for an appeal. American citizens have the right to a fair trial and justice with or without a lawyer.

 

[Ray From Cleveland]

That's certainly how it works in Arizona, from the perspective of someone who's been a tenant several times. The landlord can't touch the stuff so long as the rent has been paid, but anything that's still in the unit after the rent runs out becomes the property of the landlord to do with as he pleases. Basically, the only right you have to the use of someone's property is what you've paid for.

Correct which is why I think an appeals court would laugh at this and rule in favor of the parents.

Incorrect.
All states have lots of law giving tenants rights over landlords.
When rent is overdue, that only allows landlords to go to court in order to get a judge to issue an eviction notice.
Landlords can never evict on their own, in any state.

Here are some AZ laws protecting tenants:
{...
Tenant Rights to Withhold Rent in Arizona
Tenants may withhold rent or exercise the right to “repair and deduct” if a landlord fails to take care of important repairs, such as a broken heater. For specifics, see Arizona Tenant Rights to Withhold Rent or “Repair and Deduct”.

Arizona Termination and Eviction Rules
State laws specify when and how a landlord may terminate a tenancy. For example, a landlord may give an Arizona tenant who has failed to report a criminal record an unconditional quit notice that gives the tenant 10 days to move out before the landlord can file for eviction. See State Laws on Unconditional Quit Terminations and State Laws on Termination for Violation of Lease for details on these types of termination notices in Arizona.

Landlord Access to Rental Property, Tenant Protection Against Retaliation, and Other State Laws in Arizona
Several other landlord-tenant laws in Arizona affect both property owners and renters, including:

• restrictions on landlord’s right to access rental property (Arizona landlords must provide two days’ notice of entry)
• tenant protections against landlord retaliation for tenant exercising a legal right, such as complaining about an unsafe living condition (see Arizona State Laws Prohibiting Landlord Retaliation for details)
• special protections for tenants who are victims of domestic violence (see Arizona State Laws Affecting Tenants in Domestic Violence Situations)
• procedures for how landlords must handle abandoned property left behind by tenants, and
• fair housing rights (discrimination is also prohibited by federal and, often, local law—see the Housing Discrimination section of the Nolo site for details).

Where to Find Arizona Landlord-Tenant Statutes
If you want to read the text of a law itself, such as state security deposit rules, you’ll find citations in many of the articles and charts included in the State Landlord-Tenant Laws section of the Nolo site. To access the statutes, go to the Arizona Laws and Legal Information section of the Nolo site and find the link to your state laws.

If you just want to browse through the Arizona landlord-tenant law, you can find state statutes at Ariz. Rev. Stat. Ann. § § 12-1171 to 12-1183; 33-1301 to 33-1381; 33-301 to 33-381. You can search the table of contents for the landlord-tenant statutes. Or, if you don’t know the exact statute number, you can enter a keyword that is likely to be in it, such as “nonpayment of rent.”
...}

I don't know what Arizona has to do with a case that took place in Michigan. In my state and Michigan, there are no laws regarding leftover property from a previous tenant.

 

[Rigby5]

When I was in high school, my Mom knew damn well that I had a small collection of girly mags under my mattress.
But she was cool enough not to toss 'em

Everybody is different. My mother wouldn't have allowed it and just very well may have thrown it away if she found it. My mother is pretty religious though.

Being religious is about what you should do yourself, and is NOT at all about making anyone else do anything. That is not being religious, but being dictatorial.

 

[Rigby5]

That's certainly how it works in Arizona, from the perspective of someone who's been a tenant several times. The landlord can't touch the stuff so long as the rent has been paid, but anything that's still in the unit after the rent runs out becomes the property of the landlord to do with as he pleases. Basically, the only right you have to the use of someone's property is what you've paid for.

Correct which is why I think an appeals court would laugh at this and rule in favor of the parents.

Incorrect.
All states have lots of law giving tenants rights over landlords.
When rent is overdue, that only allows landlords to go to court in order to get a judge to issue an eviction notice.
Landlords can never evict on their own, in any state.

Here are some AZ laws protecting tenants:
{...
Tenant Rights to Withhold Rent in Arizona
Tenants may withhold rent or exercise the right to “repair and deduct” if a landlord fails to take care of important repairs, such as a broken heater. For specifics, see Arizona Tenant Rights to Withhold Rent or “Repair and Deduct”.

Arizona Termination and Eviction Rules
State laws specify when and how a landlord may terminate a tenancy. For example, a landlord may give an Arizona tenant who has failed to report a criminal record an unconditional quit notice that gives the tenant 10 days to move out before the landlord can file for eviction. See State Laws on Unconditional Quit Terminations and State Laws on Termination for Violation of Lease for details on these types of termination notices in Arizona.

Landlord Access to Rental Property, Tenant Protection Against Retaliation, and Other State Laws in Arizona
Several other landlord-tenant laws in Arizona affect both property owners and renters, including:

• restrictions on landlord’s right to access rental property (Arizona landlords must provide two days’ notice of entry)
• tenant protections against landlord retaliation for tenant exercising a legal right, such as complaining about an unsafe living condition (see Arizona State Laws Prohibiting Landlord Retaliation for details)
• special protections for tenants who are victims of domestic violence (see Arizona State Laws Affecting Tenants in Domestic Violence Situations)
• procedures for how landlords must handle abandoned property left behind by tenants, and
• fair housing rights (discrimination is also prohibited by federal and, often, local law—see the Housing Discrimination section of the Nolo site for details).

Where to Find Arizona Landlord-Tenant Statutes
If you want to read the text of a law itself, such as state security deposit rules, you’ll find citations in many of the articles and charts included in the State Landlord-Tenant Laws section of the Nolo site. To access the statutes, go to the Arizona Laws and Legal Information section of the Nolo site and find the link to your state laws.

If you just want to browse through the Arizona landlord-tenant law, you can find state statutes at Ariz. Rev. Stat. Ann. § § 12-1171 to 12-1183; 33-1301 to 33-1381; 33-301 to 33-381. You can search the table of contents for the landlord-tenant statutes. Or, if you don’t know the exact statute number, you can enter a keyword that is likely to be in it, such as “nonpayment of rent.”
...}

I don't know what Arizona has to do with a case that took place in Michigan. In my state and Michigan, there are no laws regarding leftover property from a previous tenant.

The other guy in the conversation brought up AZ, so I used AZ laws to show he is wrong.
And you are also still wrong about MI and every other state.
Since the guy had keys to the place still, and the parents has not demanded he remove his stuff, they can not just throw it away.
If for example, a tenant becomes hospitalized, you can not throw his stuff away, even though they are not paying rent any more.
There is no state that allows you to just throw things away that belong to someone else.
You always have to first give proper notice, post a warning, an then go to court and get a judge to authorize it.


If you want to use MI laws , here are some.
{...
Michigan Rent Rules
State law regulates several rent-related issues, including how much time (seven days in Michigan) a tenant has to pay rent or move before a landlord can file for eviction. For details, see Michigan Termination for Nonpayment of Rent and Other Rent Rules.

Tenant Rights to Withhold Rent in Michigan
Tenants may withhold rent or exercise the right to “repair and deduct” if a landlord fails to take care of important repairs, such as a broken heater. For specifics, see Michigan Tenant Rights to Withhold Rent or “Repair and Deduct”.

Michigan Termination and Eviction Rules
State laws specify when and how a landlord may terminate a tenancy. For example, a landlord may give a Michigan tenant who has willfully or negligently caused a serious and continuing health hazard or damage to the premises an unconditional quit notice that gives the tenant seven days to move out before the landlord can file for eviction. See State Laws on Unconditional Quit Terminations and State Laws on Termination for Violation of Lease for details on these types of termination notices in Michigan.

Landlord Access to Rental Property, Tenant Protection Against Retaliation, and Other State Laws in Michigan
Several other landlord-tenant laws in Michigan affect both property owners and renters, including:

• tenant protections against landlord retaliation for tenant exercising a legal right, such as complaining about an unsafe living condition (see Michigan State Laws Prohibiting Landlord Retaliation for details)
• special protections for tenants who are victims of domestic violence (see Michigan State Laws Affecting Tenants in Domestic Violence Situations)
• procedures for how landlords must handle abandoned property left behind by tenants, and
• fair housing rights (discrimination is also prohibited by federal and, often, local law—see the Housing Discrimination section of the Nolo site for details).

Where to Find Michigan Landlord-Tenant Statutes
If you want to read the text of a law itself, such as state security deposit rules, you’ll find citations in many of the articles and charts included in the State Landlord-Tenant Laws section of the Nolo site. To access the statutes, go to the Michigan Laws and Legal Information section of the Nolo site and find the link to your state laws.

If you just want to browse through the Michigan landlord-tenant law, you can find state statutes at Mich. Comp. Laws § § 554.131 to .201 & 554.601 to 554.641. You can search the table of contents for the landlord-tenant statutes. Or, if you don’t know the exact statute number, you can enter a keyword that is likely to be in it, such as “nonpayment of rent.”
...}

 

[Rigby5]

From my understanding, an appeal can only be filed by a lawyer, and lawyers who understand appeals procedures are usually very expensive.
You think we have legal rights in this country?
You are mistaken. You only have the legal rights you can afford.

To some point I would agree. But I never heard of a law that only lawyers can file for an appeal. American citizens have the right to a fair trial and justice with or without a lawyer.

Appeals can in theory be filed by anyone, but they have to be very specific and done according to very exact legal standards. When you file an appeal, you are not allowed to state your opinion or call witnesses.
You have to state exactly which statutes were violated.
That is nearly impossible for anyone but a specialized lawyer.
And the previous ruling did not violate any statutes.
They guy still had a key to access his property and was never told of any sort of ultimatum.
So then it was criminal to throw it way, not just civil liability.