CCL
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Post by CCL on Jul 2, 2017 22:08:22 GMT -5
I haven't had that many in my entire life. I've had at least twelve jobs in my life, I'm glad I've never had that many though in a year. How many jobs have you had in your life? I think I was up to 7 by the time I finished grad school. 6 or 7?
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tskeeter
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Post by tskeeter on Jul 2, 2017 23:19:56 GMT -5
[bra It's not going to be that simple. You've put yourself out there time and time again for this person. Once would have been sufficient to give him a hand up but you did handouts and that's what happens with handouts. They're not grateful or appreciative. They've got you marked as a sucker now. This is why I am against welfare because it enables and rewards bad behavior. The recipients are never grateful and try to better themselves but demand more and more. In my experience, you really can't help people like this. They will just expect, then demand, more and more. Better to avoid the drama and say no the first time. I'm sorry you are going through this. Watched my parents deal with this type of BS. Advances on pay checks, loans, bailing them out of jail, chauffeuring them back and forth to work, loaning them company vehicles, etc. Including an employee who, when told there would be no further loans, responded that when her loans were paid back, the folks would fire her. The woman's employment continuation strategy was to make sure she owed her employer a couple of months pay. And yes, she was a lousy employee, and was fired shortly after the loans were paid off. It took several years. But, finally, the folks decided they were running a business, not a social service agency.
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beergut
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Post by beergut on Jul 3, 2017 0:31:32 GMT -5
I was served with garnishment papers for an employee, I glanced at them , meaning to take a better look later when I was not so busy. Well 13 days later I look at the paper work, If I had not filed a response within 10 days, I could be held responsible for the debt. Even if I didn't know the person!Am I responsible to pay this judgement even if I get rid of the employee? Are we 100% sure this paperwork is legitimate? "If you don't respond, we'll bill you for this debt" sounds like a collection agency tactic.
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Opti
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Post by Opti on Jul 3, 2017 9:46:56 GMT -5
I was served on 5/30,, I mail court from the post office on 6/12, hand delivered to the attorney that same day. The paper work from the attorney that I receive Friday, tell me to mail 25% of nondeductible pay is not signed by an officer of the court, it is blank. Was the original letter from the court? Is the attorney the court's attorney or the one the original document says payment should be remitted to?
I would not trust an unsigned letter especially if it came from the lawyer payment is to be sent to, not a lawyer of the court. www.nolo.com/legal-encyclopedia/if-wages-are-garnished-rights-33050.html
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swamp
Community Leader
THEY’RE EATING THE DOGS!!!!!!!
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Post by swamp on Jul 3, 2017 12:50:38 GMT -5
OC-He was your employee at the time his employer (you) was served the garnishment papers. It was incumbent of you to read the documentation and reply within the 10 day time frame. Your excuse that you would read it when you had time will not sit well with the courts. I am probably going to write a check , Fire the employee, Move on down the road. Since I was served not under my proper name I know that it was his ex wife that told the creditor he worked for me, Since she doesn't know my legal name, I will retaliate against her also This debt was over 10 years ago,, It was not my debt!! Judgments are good for 20 years. Garnishments are set up this way because no employer would willingly respond if there were no penalty.
It doesn't matter if it was the proper name. You got notice.
Good luck "retaliating" against ex wife. She didn't do anything wrong, even if you can prove she did it.
You fucked up. Own it.
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Rukh O'Rorke
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Post by Rukh O'Rorke on Jul 3, 2017 13:03:02 GMT -5
How exactly would one retaliate against an ee ex wife? Do you know her? How could you effect her life?
why retaliate at all?
file the paper, start garnishing and send to where they tell you to.
If the ee is unsatisfactory, then that is another issue that needs dealing with as a separate issue....
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OldCoyote
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Post by OldCoyote on Jul 4, 2017 8:43:26 GMT -5
I am probably going to write a check , Fire the employee, Move on down the road. Since I was served not under my proper name I know that it was his ex wife that told the creditor he worked for me, Since she doesn't know my legal name, I will retaliate against her also This debt was over 10 years ago,, It was not my debt!! Judgments are good for 20 years. Garnishments are set up this way because no employer would willingly respond if there were no penalty.
It doesn't matter if it was the proper name. You got notice.
Good luck "retaliating" against ex wife. She didn't do anything wrong, even if you can prove she did it.
You fucked up. Own it.
I feel the love and concern Swamp, Here what I am probably going to do, I am going to write a check, Simple as that! It will also cut out things like the Writ of Garnishment I just received for another $92. Now since the lawyers have found a way of sucking money out of employee thru me, or most likely me, wasting my time. I can cut back his hours, Put him to work at the warehouse, he can not stand to work at the warehouse, It also means that I don't need to pay my grandson cash to drive the employee around. (two felony DUI's No driver license) It also means that I don't need to worry what hoop that needs to be jumped thru, class, or fine, is need by the parole officer! that also found someone to suck money out of. without help I can see why 85% of people go back to jail,, it is almost impossible to get thru it without help! In the end, it will cost my some money,,, I will save Thousands. All I wanted to do was give him help, Screwed that up didn't I. when he does, calls the girlfriend to pick him up.
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OldCoyote
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Post by OldCoyote on Jul 4, 2017 9:04:04 GMT -5
How exactly would one retaliate against an ee ex wife? Do you know her? How could you effect her life? why retaliate at all? file the paper, start garnishing and send to where they tell you to. If the ee is unsatisfactory, then that is another issue that needs dealing with as a separate issue.... Yes I know the whole family, The ex was screwing around on the ee the first time he worked for me, When he found out about it that started the drinking and jail time, Just before he got out of jail MIL call me constantly asking me to put him back to work, I did. The Ex is a real problem, almost every time the ee has the kid for the weekend there is a big fight when the kids are taken back. sometime the police are called. The dd was born with a hole in her throat, Six times the ee made Dr. appointments to get this take care of. The other kid were making fun at the little girl! Six times the Ex, didn't take the dd to the Dr. appointment After the ee got the little girl to the Dr. to have surgery done, suddenly the Ex takes credit for it. Three day after the ee went back to work for me, the Ex calls me demands money, for "all the money she had given him when he was in jail." I found out she had not given a dime . This will make Zib happy, she is pregnant again,, another kid on welfare or Aid to dependent children.
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Tennesseer
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Post by Tennesseer on Jul 4, 2017 9:11:31 GMT -5
OC-if the (soon to be ex?) employee or his ex-wife finds out you retaliated against the employee because he put you through all of these legal problems you brought upon yourself due to a lack of timely action on your part, you might want to delete your posts here as they are discoverable evidence of intened retaliation if they sue you..
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taz157
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Post by taz157 on Jul 4, 2017 9:19:39 GMT -5
OC-if the (soon to be ex?) employee or his ex-wife finds out you retaliated against the employee because he put you through all of these legal problems you brought upon yourself due to a lack of timely action on your part, you might want to delete your posts here as they are discoverable evidence of intened retaliation if they sue you.. Yeah that.
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taz157
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Post by taz157 on Jul 4, 2017 9:24:51 GMT -5
How exactly would one retaliate against an ee ex wife? Do you know her? How could you effect her life? why retaliate at all? file the paper, start garnishing and send to where they tell you to. If the ee is unsatisfactory, then that is another issue that needs dealing with as a separate issue.... Yes I know the whole family, The ex was screwing around on the ee the first time he worked for me, When he found out about it that started the drinking and jail time, Just before he got out of jail MIL call me constantly asking me to put him back to work, I did. The Ex is a real problem, almost every time the ee has the kid for the weekend there is a big fight when the kids are taken back. sometime the police are called. The dd was born with a hole in her throat, Six times the ee made Dr. appointments to get this take care of. The other kid were making fun at the little girl! Six times the Ex, didn't take the dd to the Dr. appointment After the ee got the little girl to the Dr. to have surgery done, suddenly the Ex takes credit for it. Three day after the ee went back to work for me, the Ex calls me demands money, for "all the money she had given him when he was in jail." I found out she had not given a dime . This will make Zib happy, she is pregnant again,, another kid on welfare or Aid to dependent children. Why in the world did you keep the guy so long?? If he can't go part of his job (i.e., drive himself where he needs to go), then why did you keep him? You could have said the Bank of OC is closed. I have NEVER asked for an advance on my wages. I know others have but come on. The garnishment is ultimately between him, the exwife, and the courts. Since you are his employer, you get to make sure the funds go to the courts, not your employee. You just want to pay it off when he already owes you some money, which seems stupid to me. Also, you didn't read the documents when you got then. That was stupid too!
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Bonny
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Post by Bonny on Jul 4, 2017 10:08:32 GMT -5
In my experience, you really can't help people like this. They will just expect, then demand, more and more. Better to avoid the drama and say no the first time. I'm sorry you are going through this. Watched my parents deal with this type of BS. Advances on pay checks, loans, bailing them out of jail, chauffeuring them back and forth to work, loaning them company vehicles, etc. Including an employee who, when told there would be no further loans, responded that when her loans were paid back, the folks would fire her. The woman's employment continuation strategy was to make sure she owed her employer a couple of months pay. And yes, she was a lousy employee, and was fired shortly after the loans were paid off. It took several years. But, finally, the folks decided they were running a business, not a social service agency. Yeah, your folks were probably very kind people who felt sorry for her. At some point they probably realized she was creating (and needed to be responsible for) her own problems.
At some point they realized that they were being manipulated and this person was sucking them dry not only financially but emotionally. Glad they wised up. I'm guessing this woman moved on to another victim.
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tskeeter
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Post by tskeeter on Jul 4, 2017 10:35:12 GMT -5
Watched my parents deal with this type of BS. Advances on pay checks, loans, bailing them out of jail, chauffeuring them back and forth to work, loaning them company vehicles, etc. Including an employee who, when told there would be no further loans, responded that when her loans were paid back, the folks would fire her. The woman's employment continuation strategy was to make sure she owed her employer a couple of months pay. And yes, she was a lousy employee, and was fired shortly after the loans were paid off. It took several years. But, finally, the folks decided they were running a business, not a social service agency. Yeah, your folks were probably very kind people who felt sorry for her. At some point they probably realized she was creating (and needed to be responsible for) her own problems.
At some point they realized that they were being manipulated and this person was sucking them dry not only financially but emotionally. Glad they wised up. I'm guessing this woman moved on to another victim.
I'm sure she did. Borrowing money to ensure her continued employment appeared to be a well established strategy. Eventually, they got the other parasites moved on, too. And quit being the soft touch every time an employee did something that screwed up the employee's lives.
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OldCoyote
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Post by OldCoyote on Jul 4, 2017 11:45:29 GMT -5
OC-if the (soon to be ex?) employee or his ex-wife finds out you retaliated against the employee because he put you through all of these legal problems you brought upon yourself due to a lack of timely action on your part, you might want to delete your posts here as they are discoverable evidence of intened retaliation if they sue you.. This is at the end He has been told and written up to lock the trucks up anytime you were not standing right there. He had been told and written up on not getting all the tools picked up after the job is finished. Just last week he left a $300. drill lay on a job, I got a call from my customer that they had left it. Fails to follow my exact instructions, resulting in me returning to the job redoing it, If I am having to redo these jobs, Why am i paying him? This is only part of what has been going on. the judgement is at the end of several things Let's say I pay the judgement, I don't say anything. Do you think he is going to investigate why they have stopped pursuing him? The attorney sends letters to me only because they don't know where he lives. He will think they can't find him. I will put him in the warehouse that he hates, work needs to be done there. He will quit,
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OldCoyote
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Post by OldCoyote on Jul 4, 2017 12:08:06 GMT -5
Maybe I will retire tomorrow go to work for my competitor.
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Rukh O'Rorke
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Post by Rukh O'Rorke on Jul 4, 2017 12:26:54 GMT -5
Let's say I pay the judgement, I don't say anything. Do you think he is going to investigate why they have stopped pursuing him? The attorney sends letters to me only because they don't know where he lives. He will think they can't find him. I think you have really misinterpreted the letter. They don't want the money out of your pocket - they only want to make sure you take the money out of his pocket and send to them. If you failed to garnish wages after the 10 day period, and then he quite work, then you would need to pay the money you failed to garnish. Not that the debt is now yours to pay in full. His pay stub would need to reflect that that money is taken out and sent to his creditor - this is not a secret maneuver.
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Plain Old Petunia
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bloom where you are planted
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Post by Plain Old Petunia on Jul 10, 2017 16:20:20 GMT -5
OC-He was your employee at the time his employer (you) was served the garnishment papers. It was incumbent of you to read the documentation and reply within the 10 day time frame. Your excuse that you would read it when you had time will not sit well with the courts. ETA: As for your comment, "How am I to know this?? I don't have anything from the court!!", had you opened the letter when you first received it, you would have had 10 days to find out what you needed to know and respond back in time. I call my accountant, she didn't know the answer either! You know the answer. Are you withholding from the employee's wages for some other court order? You are or you aren't.
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Plain Old Petunia
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bloom where you are planted
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Post by Plain Old Petunia on Jul 10, 2017 16:27:37 GMT -5
Judgments are good for 20 years. Garnishments are set up this way because no employer would willingly respond if there were no penalty.
It doesn't matter if it was the proper name. You got notice.
Good luck "retaliating" against ex wife. She didn't do anything wrong, even if you can prove she did it.
You fucked up. Own it.
I feel the love and concern Swamp, Here what I am probably going to do, I am going to write a check, Simple as that! It will also cut out things like the Writ of Garnishment I just received for another $92. Now since the lawyers have found a way of sucking money out of employee thru me, or most likely me, wasting my time. I can cut back his hours, Put him to work at the warehouse, he can not stand to work at the warehouse, It also means that I don't need to pay my grandson cash to drive the employee around. (two felony DUI's No driver license) It also means that I don't need to worry what hoop that needs to be jumped thru, class, or fine, is need by the parole officer! that also found someone to suck money out of. without help I can see why 85% of people go back to jail,, it is almost impossible to get thru it without help! In the end, it will cost my some money,,, I will save Thousands. All I wanted to do was give him help, Screwed that up didn't I. when he does, calls the girlfriend to pick him up. FFS. Just withhold according to the order and forward the money according to the instructions. Stop loaning the employee money and refuse to have any part in his personal life drama. Forget this ridiculous idea to make his work life miserable.
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Rob Base 2.0
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Post by Rob Base 2.0 on Jul 10, 2017 19:21:14 GMT -5
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Rukh O'Rorke
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Post by Rukh O'Rorke on Jul 15, 2017 13:58:55 GMT -5
any updates?
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OldCoyote
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Post by OldCoyote on Jul 15, 2017 23:31:56 GMT -5
This is the last thing I received. Order of Continuing Lien on Non exempt earnings. Assigned to the Honorable Comm. Garbarino. Judgement Creditor having applied for an Order of Continuing Liens; the Court findings that the statements set forth in the Application are true and correct, and good cause appearing therefore; IT IS ORDERED; 1. Garnishee shall remit to the attorney for Plaintiff, c/o JOHNSON MARK LLC PO, BOX 7811, SANDY UT 84091-7811, who is entitled to such monies, 25% of the nonexempt earnings of the Judgement debtor,**** ***** withheld by the Garnishee pursuant to the Writ of Garnishment. 2. Imposing a continuing lien against Judgement Debtor **** *****, earnings until the occurrence of any of the conditions prescribed by A.R.S> Section 12-1598-10(D) have occurred. 3. Garnishee is awarded the sum of0.00 for reasonable compensation in answering the Writ of Garnishment, said compensation to be taxed against the Judgement Debtor. 4. The judgement debtor shall also pay to the judgement creditor through the garnishment process: $65.00 for the cost of service, and $27.00 for the cost of issuance of the Writ. DATED this 7-5-17 Commissioner David W. Garbarino (this was rubber stamped) JUDGE/COMMISSIONER This was a copy from the collection Attorney not from the court, so do I wait from instructions from the court?
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zibazinski
Community Leader
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Post by zibazinski on Jul 16, 2017 6:01:13 GMT -5
Why haven't you seen a lawyer and fired this employee?
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Rob Base 2.0
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Post by Rob Base 2.0 on Jul 16, 2017 10:06:29 GMT -5
i wouldnt worry about it. just ignore it.
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olderburgher
Established Member
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Post by olderburgher on Jul 16, 2017 10:12:11 GMT -5
"I call my accountant, she didn't know the answer either!" Take a lesson from this. Your dentist won't have the answers and neither will your barber. When it is a legal matter talk to your lawyer. There is an old saying: Lawyer: I have a with my Barber,. I don't cut hair and her doesn't practice law. Oh yeah. Read your mail when it comes in or pay the consequences. As a retired lawyer I can tell you that with more than one client, we won our position easily because the other party was too busy to pay timely attention.
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OldCoyote
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Post by OldCoyote on Jul 16, 2017 11:16:38 GMT -5
"I call my accountant, she didn't know the answer either!" Take a lesson from this. Your dentist won't have the answers and neither will your barber. When it is a legal matter talk to your lawyer. There is an old saying: Lawyer: I have a with my Barber,. I don't cut hair and her doesn't practice law. Oh yeah. Read your mail when it comes in or pay the consequences. As a retired lawyer I can tell you that with more than one client, we won our position easily because the other party was too busy to pay timely attention. The call to the accountant was for filling out the financial part of the form, not legal advise.
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TheOtherMe
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Post by TheOtherMe on Jul 16, 2017 15:52:04 GMT -5
You need to follow the order and start garnishing the wages of the employee yesterday.
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OldCoyote
Senior Associate
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Post by OldCoyote on Jul 23, 2017 10:37:28 GMT -5
Here what I am doing, I am writing a check or I should say going to the bank for a cashiers check, take it directly to the court, let them send to where ever it needs to go.
As far as I am concerned You cannot believe a word that come out of debt collector lawyers mouth!(been there years ago,)
When I demanded an accounting, I found where the collection Lawyer had added a bunch of money that was not part of the Judgement, F***ing lying bastards!!
I am going to consider it employee compensation.
Here is the great news, He has an interview Wednesday for a job that pays $4.20 an hour more than me and has health insurance.
Wooo Hooo, I will give him the highest of recommendations!!
Here is the best part, He can still work weekends as a sub contractor!
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suesinfl
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Post by suesinfl on Jul 23, 2017 11:11:14 GMT -5
OC, I give you a lot of credit for having a kind heart and trying to help your employee out, but please stop, you are being taken advantage of and he's using you as his crutch. He needs to fall big time in order to help himself.
How about just offering words instead of money from this point forward? I hope for your sake and his that he gets the new job, maybe you both will be able to take a look back and learn a few things about yourselves, the good and the bad.
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Tennesseer
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Post by Tennesseer on Jul 23, 2017 11:13:36 GMT -5
Here what I am doing, I am writing a check or I should say going to the bank for a cashiers check, take it directly to the court, let them send to where ever it needs to go. As far as I am concerned You cannot believe a word that come out of debt collector lawyers mouth!(been there years ago,) When I demanded an accounting, I found where the collection Lawyer had added a bunch of money that was not part of the Judgement, F***ing lying bastards!! I am going to consider it employee compensation. Here is the great news, He has an interview Wednesday for a job that pays $4.20 an hour more than me and has health insurance. Wooo Hooo, I will give him the highest of recommendations!! Here is the best part, He can still work weekends as a sub contractor! Would you use his servcices as a subcontractor?
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Deleted
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Post by Deleted on Jul 23, 2017 11:15:47 GMT -5
This guy sure has a lot of stuff happen to him that wasn't his fault.
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