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Tenant stopped paying rent months ago and abandoned the property without notice. Pipes burst, damaged surrounding apartments. What can be done? (MA).
| My mother has rental properties in Massachusetts but manages them from Texas. One of her tenants stopped paying rent early on in 2017 and would not answer phone calls, emails or letters. My mother sent certified letters to the tenant’s work demanding the rent. The tenant didn’t respond to those either.
We were searching for a lawyer to start the eviction process this month but the tenant left abruptly this week with zero notice. The pipes burst and caused damage to surrounding apartments. This was how we discovered she left.
What legal rights does my mother have? Can anything be done about back rent? Property damage?
| She can sue the guy. But generally people that don't pay rent all year don't have a ton of money so she likely won't get her money any time soon. Answer #2: You can sue for back rent, if your paperwork is in order you’ll likely be granted garnishment at some point.
As for pipes - that is on your mom’s insurance policy unless you have proof of intention/malice |
Blew under .08 but arrested for DUI
| 10:30pm while leaving a restaurant in AZ I was pulled over for "failure to stop before crossing a sidewalk" which is bullshit, because there was a car reversing in the middle of the street I stopped to watch before I pulled out.
Admitted to having 3 or 4 drinks. Cop did the pen test for the longest time. I blew a .074, which surprised me because I felt fine to drive and not drunk at all. Did not do the field sobriety test due to medical reasons. (I have a brain tumor which affects my balance)
I was arrested for suspicion of DUI and taken to the trailer where they drew blood.
I was only given a citation for the traffic infraction. They did not take my license. I have not officially been charged yet since they are waiting on the blood work to come back.
Met with a lawyer who said he could probably get it pleaded out to either just the traffic citation or reckless driving. But, he wants $3,000 which I do not have.
How screwed am I?
Do I need a lawyer?
Anybody hear of anything similar?
If my BAC come back below .08 will they still charge me with a DUI?
____________________________________________________________________________________________
Additonal info/rant:
This is my first ever DUI. I've always been so careful; cutting myself off so I can drive or taking a cab or calling a friend. I've had 2 family members injured by drunk drivers (one who's life was completely, utterly ruined) so, I've always been very careful not to do it myself.
This is my 2nd time being pulled over for a DUI. My first time I was DD that night, hadn't had a thing to drink and had just dropped the last person off at home. Cop said I was swerving; I wasn't. After a barrage of questions and the pen test he let me go without really saying anything.
edit: added rant and changed "bar" to "restaurant"
Topic:
DUI
| .08 is just the per se limit meaning you are assumed to be impaired with no additional evidence needed. I don't think too many people would advise you to take on a DUI charge by yourself. Those will end up being some pretty expensive drinks. |
I am being sued by American Express. its being over a year that I stopped paying them the credit card. I couldnt pay because I lost my job and still dont work. What should I do
| Plan to lose and have your wages garnished and/or bank account levied someday. They will get their money, eventually. Interest accrues from date of judgement so the amount you owe will always go up.
Can you work? Why are you not working? |
|
Hello r/legaladvice, do you think you could help me out?
| So, I received a call today from a man claiming to be a "Mr. Ron ********", and that he was an attorney, and was going to be pursuing legal action against me. I've never heard of this man in my life, nor do I know the grounds on which he would supposedly take me to court over. Well, I'm not a complete dumbass so I did a search for the phone number that called me, I even paid for a full Spokeo report on it.
The first thing that is sketchy as hell, is the guy who called me was not named Ron. Not even close. But he lives in my town and has my number, which also means he could possibly know my address, place of work etc.
This man is obviously not who he says he his, and is impersonating an attorney. What legal action (if any) should I take? If he didn't live in my town I wouldn't care, but the fact that he is less than 20 minutes away from me is slightly disconcerting. I would appreciate any advice that you guys/gals could give me!
(State is FL btw)
Topic:
Criminal Law
| Maybe the report is out of date.
I would not take any action unless and until you are served with papers notifying you of a lawsuit.
But that's just me. |
Someone pulled out in front of me and I hit a guide
| I am in PA Just north of Philly.
Also until the title is edited its a guide WIRE, not a person.
I was driving on a road doing just under the speed limit. There was heavy traffic going the opposite direction, my lane was clear. I was doing ~30(speed limit is 35) I was approaching a T intersection(I was on the straight part) when someone pulls out right in front of me. In order to avoid hitting him, I slam on the brakes and go right off the road. I hit a guide wire for a telephone pole. The damage is very minor, but I need a new bumper and grill totaling 1100. The car is a lease so it has to be perfect when I return it(2014 Ford Focus).
I filed a claim with his insurance I talked to my agent and decided not to report it to them. I am still waiting to hear back, but they said a preliminary ruling is 50-50 fault. He said a lady in the turning lane waived him on so he just went(lady drove away no idea who she is). I think its bullshit he pulled out with out looking, and caused me to go off the road. They still have time to come back with a final ruling. If they rule it 50-50 I assume they will only cover half. What are my options for the other half without getting my insurance involved. Should I get a lawyer and sue the guy directly or the insurance company(USAA)? Should I take him to small claims court? Can I sue for lawyers fees as well?
I would prefer to work something out with him and not get a lawyer, but I need to know to know what options I have.
[Drawing of accident](http://imgur.com/a/MKaxC)
Yellow Arrow - Me
Red Arrow - Traffic
Blue Line - What he did.
Blue Arrow - Lady in turning lane that waved him on
EDIT: Can an admin change my Title to "Someone pulled out in front of me and I hit a guide wire causing some damage. What are my options?"
Topic:
Traffic and Parking
| > Should I get a lawyer and sue the guy directly or the insurance company(USAA)?
If his insurer comes back 50/50 and you take money they will likely force you to sign something dismissing claims against them. So either refuse and demand more or get a lawyer to do that for you.
> Should I take him to small claims court?
Up to you. Again, will depend on what insurer makes you sign.
> Can I sue for lawyers fees as well?
If and only if, you actually hire one.
Frankly I would call an attorney. 50/50 on this seems like a screw job to me. You had right of way. Blue arrow is a bad driver. I hate when near drivers wave people in. They can see you coming along side and the are obstructing your view of their "nice" gesture. |
Scammed out of $700 in event tickets
| A friend of mine spend $700 for tickets to an event and sent it via WellsFargo surepay to the sellers email. My friend received an email right after saying the tickets were on their way to her, however the day of the event she didn't' receive it, called the ticketing company and found out that most likely the credit card used to purchase the tickets were fake and so the tickets were cancelled. When she contacted the seller, seller had a whole story saying basically seller bought it from a friend at a discount who worked for the company hosting the event, and now he's not answering. My friend posted about this on Facebook and learned that this seller has done this to other people for the same event and provided a different story to another person why they did not get their tickets. At this point she refuses to return the money, and claims no responsibility. what do you suggest doing? Police report? File a small claims case?
Details* She met seller on a group page for buying/selling tickets. Which is where she also met the other person that got scammed.
**in Orange County, CA
| She can sue the seller in small claims to try to get her money back, if she can find the seller. I'd be somewhat surprised if the seller ever reappeared. |
Is there a way to fight a speeding ticket when alcohol might be involved?
| So this may seem like a small issue but I'm unsure where to go in this situation.. The people of this story are me, my boyfriend, and his best friend. We were all leaving a brewery (in California for clarification.) Me and the BFF had a lot. He had 2 and they were both an hour before we left. We were driving in the bff's rental car. Since me and her were not in the right state of mind, he drove.
However he got pulled over for speeding.. 46 in a 35. He was respectful to the cop but the officer smelled alcohol off of us ladies. He pulled boyfriend out of the car and had him do a finger eye test and said he was good.
There's a court date for this ticket but as far as I'm aware the cop didn't do a breathalyzer or write down anything about drinking. I just want to know if there's any possible chance to fight this ticket and not have it go to the insurance or if there's no point and it'll have to be paid.
Advice?
| It sounds like he was cited for speeding, not DUI. Is this correct? |
Influx of crime causation for terminated lease?
| Hi, I've been living in this apartment complex for the past year now and have recently, as of August, resigned the lease. This is in a college town and being a college student, I had to get a cheap apartment. Recently, in the past 6 months, there has been an influx of crime - exclusively armed robbery - at this complex and near complexes. This is the 5th shooting this WEEK. To cut to the point, I was wondering if there is any way I could use this "fear for life" to have a valid cause to terminate the lease without any, or minimal, consequences. Thank you for your help.
| > I was wondering if there is any way I could use this "fear for life" to have a valid cause to terminate the lease without any, or minimal, consequences.
Almost certainly not. |
legal advise regarding possession and a case with children
| hello i'm posting this for one of my close friends. he got caught with pariphinilia an that's all him but their was some real crazy stuff that follow that effects his children & is completely bogus.
if anybody can help keep a mans children in a good fathers life please give me your input. during this matter I believe there was violations of civil rights (client was told "not to speak a word". definition of character and slander do to the event the police drug the client out side an were yelling so all the neighbors could hear. they also pressed the same charged against his mother (a good Christian woman) and his family in order to get him to accept a plea. I will post his avffidavid here. The girl nikki put illicit material in his house left then called the police. the problem is this girl committed suicide the same night on a drug overdose.
Please only put your input if you think you can help my friend. We don't need any comments what so ever that doesn't help mount a defense for my friend, the client.
trying send send picture of avidavid if I cant in next post i'll type it. Thank anybody who takes there time to help a good father.
Topic:
Criminal Law
| Associate with unsafe people and having drugs on you is a safety issue for kids and is generally child abuse. Hire an attorney. |
[OR] Mother stole over a thousand dollars in electronics, then took off
| Last night my mother got in to an argument with my father over something. Exactly what they were arguing about is beyond my knowledge. After that, my father took my brother and I out to eat to cool off a bit, and during that time my mother took several computers and monitors from my room without my knowledge and cut our cellular service.
She took the computers, two of which barely worked anyways (probably worth around $100 apiece, so not that much), and my gaming PC, which even used would probably fetch upwards of a grand if she were to sell it. She also took two monitors (one of which was an expensive 144hz monitor, worth $200 alone), and the wireless router. I estimate that's $2,000 worth of electronics.
She happened to break her own laptop the day before, which I had nothing to do with. She took it to the shop and accused me of breaking it, which I did not. I suppose this might've been her way of getting revenge. After she took the electronics she left the house and still hasn't come back. I did manage to get the cellular service on request of my father back by guessing the security question. It was under both hers and my father's name so I don't think I did anything wrong there.
I've tried calling her three times, and she hasn't been picking up the phone or returning my calls. She doesn't check her voicemail so I didn't bother leaving a message. I am considering calling the police to report theft. I bought everything except the router with my own money, so it's my property.
What should I do? Should I call the police? I need the computer for my classes, since my professors put most of their assignments online.
| The sad truth is nobody is likely to get involved in a family fight like this. You're a minor and your parents have broad rights to confiscate your stuff, even unfairly. Talk to your school about an alternate way to get access to your homework, talk to your dad about replacing your stuff, and start working on the day you can move out.Answer #2: If your father is unwilling to call the police, there is not much you can do, given you are not yet an adult.
Theoretically, you may report the theft, but given that your father do not want the police involved, the odds of that helping are very low.
I am sorry that you find yourself in this situation.
>. I did manage to get the cellular service on request of my father back by guessing the security question. It was under both hers and my father's name so I don't think I did anything wrong there.
If your father specifically authorized you to do that, you should be OK on that one. |
[New York] I did a Hit and Run last night with my boss's van without realizing it, need advice.
| So I fucked up majorly and damaged 2 cars and fled the scene. I was driving my boss's van and apparently I was caught on video. It was totally accidental and am willing to admit and be responsible. Now I don't have much information as this is still unfolding. I know I'm guilty of a crime so that's not where I need advice. How will insurance handle this? I'd like to know what will happen, like will I be sued or arrested when I admit I did the crime.
| Don't say you "didn't realize it" when clearly you did.
You committed a crime. You need a lawyer. You risk being arrested, fined, and fired from your job.
Do **not** lie to the insurance company.Answer #2: > I know I'm guilty of a crime so that's not where I need advice.
Get an attorney.
|
[MO] Getting bond/bail money back?
| [deleted]
| ...the ten percent of what?
The bail bondsman charges 10% as a fee to put up the entire thing.
If you pay directly, you pay the entire thing, but get it back when you show up.
I'm very confused by what you paid. |
Former company threatening me with non-compete, how worried should I be?
| Hi all, I'm in Minnesota, and have recently decided to move on to another employer. I had been getting pressure from a former client of mine (I did work for them over 2 years ago), and I finally relented. I was pretty excited, so I submitted my 2 weeks notice and a week later my manager informed me that the CEO was deciding whether or not to invoke the non-compete, claiming that the client was "protected". He sent me the non-compete (signed 8 years ago, which doesn't even mention the company's name anywhere - our company was bought out) for my records.
My new employer immediately tried to get in touch with my old employer to try to find out how they could work to remedy the situation, leaving multiple emails and voicemails, but never got any reply. I asked a lawyer, and they indicated that I should send an email explaining the situation; that I did not feel that I was violating the non-compete by joining this new company, and that I have no intention of 'competing' or doing any harm. I did that. No response.
Fast forward two and a half (or so) weeks, I've started working for the new employer (in a contract-to-hire position), and I get an email from a lawyer, telling me to cease & desist, and to respond to him within 3 days to avoid further legal action. My new employer once again reached out to my former employer to try to smooth things over. Finally, the CEO gets back to my new employer, and says he will contact him the next day. Yesterday was that next day, still no response from my former employer.
In the mean time I have responded back to the lawyer asking for a list of companies I am basically not allowed to work for (in their eyes), he responded by saying that my former employer does not have to share that information, and that if I have any question about a particular potential employer, I can email him back and he will find out.
I'm just really not sure what to do with all this, I know the safe choice is to just comply with this cease and desist, but I really am struggling to see what the motivation is or what anyone is gaining here by forcing the issue. The worst of it all is, I know of at least 10 other people that have gone *directly* from my former employer to clients, more than 4 are currently working at my new employer, and my former employer never threatened any of them.
Any advice would be great
| Don't assume the non compete is valid, hire your own attorney to give you their opinion on the matter and to challenge it if necessary. |
Brother got "arrested" for marijuana possession in the state of IA but never got read his rights
| Basically long story short he got arrested but due to covid-19 he was not taken into custody. He has to appear in court in 60 days but was never read his Miranda rights. The police officer who processed him told him that he was being arrested multiple times. Does the fact that he wasn't read his rights help his case in any way? Or do they not have to be read his rights if he wasn't taken to jail? Just trying to do some research for him.
| Miranda rights are commonly misunderstood. They only need to be read to you when you're being interrogated, not arrested. |
Options after arrest?
| (AZ) Long time lurker.. first time posting
A family member of mine was just recently arrested and got hit for 7 felonies.. possession of marj, and intent to sell, possession of narcotics with intent to sell, possession of firearm while in commission of a felony, possession of communication device while in commission of felony, transport of drugs
this is their first time being in trouble with the law but are pretty serious charges. What are their options from here, is he eligible for first time offenders or because of the charges is that out the window?
Details from "their story" . Pulled over to make a phone call, cop rolled up flashed the lights and cop asked if they had anything in their vehicle. they owned up to the firearm. Cop found a QP of marj on them and some coke on their friend in the vehicle.
I have tried to talk this person out of the bad life decisions they were making. Really good person at heart just got caught with the wrong people and fell into that lifestyle. Any suggestions or info would be appreciated. Thanks.
| Your family member needs a criminal defense lawyer. All the easy first time diversion options likely went out the window with the severity of the charges, but they still may be able to make a deal to plead them down. |
[OR] Landlord's insurance company going after me for a fire.
| A few months ago there was a fire in my apt that started from the oven.
Basically my girlfriend turned on the oven to pre-heat it, took me to work and when she got back there was a fire.
The fire actually put itself out because the windows were closed and there was no fresh air coming in.
The cause of the fire was not clear, but originated from the oven. Looking at it, it seemed to start at the control panel.
This was a studio apt and the fire damaged a lot of stuff, but it wasn't really a large fire. The fire dept. came and did a report and told us that the apt could not be cleared for re-entry until any necessary investigations from insurance companies was completed.
My landlord told them not to worry about it, he would deal with it himself and so they released the property.
Within the next 2 days we got everything out of the apt, he told us we could leave any trash but we tried to dispose of everything so it was basically empty aside from a mattress.
He basically told us to find another place to live as well.
So we moved on and didn't hear from him.
Now I get a letter in the mail from what seems to be his insurance company stating that "The information that we have received indicates that liability for the damages rests with you as a result of the fire."
One other note there were no extinguishers in the apt, I don't think the place was up to code which is probably why he avoided calling his insurance right away.
The bill they want me to pay is over 40k. Right now I'm unemployed and my savings are pretty much empty.
Any advice would be great.
| > Basically my girlfriend turned on the oven to pre-heat it, took me to work and when she got back there was a fire.
I...what? You left an oven turned on and unattended?Answer #2: Please tell me you have renters insurance. Answer #3: Your renters insurance might help. If you didn't have any, you are probably screwed because she left the stove on.Answer #4: Your GF turned the oven on and then left the Apt?Answer #5: Not a lawyer (though I sometimes play one in small claims court) but I am a landlord.
It is not typical for an oven to start a fire unless something flammable was in it.
You should be able to turn an empty, clean oven up as high as it will go and leave it indefinitely without starting a fire in the apartment.
This leads me to believe that something was wrong with the oven.
If there was nothing in it, and it was not horrendously filthy, it should not start a fire, period.
Not a legal opinion, but probably worth looking into before paying a $40,000 bill.
Answer #6: Renters insurance would defend you in the case you're not liable and would pay in the case you were liable. Other than that, not much you can/should do other than chat with a lawyer about your options.Answer #7: Well, it was the LL's oven, right? So there may be something there to mitigate.
Contact lawyer and follow his instructions. While it does not look good from 1st impressions your attny may find something to help you.Answer #8: Renters insurance is only going to cover your personal belongings. In some states your liability MIGHT kick in here. Otherwise you're SOL |
[WA] Aunt left her car in our back yard and died three years ago. She didn't have an estate, can we remove the car?
| It would only take maybe $600 to make it driveable again (tires, battery, etc.) but we have no real paperwork on it.
There are no heirs looking to cash in (she didn't have kids and was never married.)
How the heck do we go about making this a legal vehicle so we can move it out?
| If the heirs want to title the vehicle, this is the form to use:
http://www.dol.wa.gov/forms/420041.pdf
EDIT: be sure to hit the link at the top of the form as well.
If you want to figure out who the heirs are, this is the intestacy statute for WA.
ETA: link http://app.leg.wa.gov/rcw/default.aspx?cite=11.04.015
Answer #2: Do you know who inherited your Aunt's belongings? Maybe her parents or a sibling? You could give them notice you will tow the car if it is not removed in X days. Then call the police after those X days and report an abandoned vehicle on your property. They may tow it for you. If not you can have a towing company tow it at the owners expense.Answer #3: You could contact a probate attorney about tracking down any assets, insurance, accounts, etc and trying to claim them. Call around, see if anyone's willing to do a free consultation and go from there. I assume she didn't have a will, so you want someone who can deal with intestate probate issues, which can be harder to work out, but that's what that field of law is for. |
[FL] My friend [19/M] and his younger brother [13/M] were living with their parents. Unfortunately, their parents died last week in a car crash. My question is will my friend automatically gets his brother's legal guardianship or any legal formalities to do?
| Nope. There are a lot of factors here. What does their will state? Can the brother care for the child at this time? Are there other family members that want custody?
|
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If Shrek was suddenly brought to life how would copyright law affect his civil rights?
| Hypothetically, if the fictional character Shrek came to exist in our world, would DreamWorks still maintain the rights to his story considering he never willfully sold it to him? Furthermore, could they limit Shrek's actions based on copyright agreements? For example, if Shrek wished to act in a film for Lionsgate, who doesn't own the rights to Shrek's character, could DreamWorks restrict him? This is such fresh legal territory and I'm interested to see what you guys have to say!
| Remember kids, drugs are bad. Answer #2: Assuming he's a living breathing *person* a copyright can't prevent him from living his life. That being said his character is still owned by DeamWorks, so any artistic portrayal of him as a character or his story would be in violation of their copyright and ownership of the character most likely. He may be able to do other projects where he's not playing the character *Shrek*, but he could play a different role not related to the DreamWorks character.
That's my interpretation of your question anyhow. |
[BC Canada] Aunt broke 21-year old agreement with my parents, our rental income is now in jeopardy.
| Please bear with me, I'm not usually in this part of reddit.
About 20 years ago, my parents bought three houses. They needed a bit of assistance out the gate, so they asked one of my aunts (we'll call her S) for help with the down payments, and she agreed to do so as a joint tenant (as opposed to tenant-in-common). In a nutshell, she would own half of each of these three houses, but would not collect any rental income until she retires at age 65, in 2023. My parents would maintain the properties until then, and collect 100% of the rental income in exchange. When she retires, aunt S would give up her claim to House 1, collect half the rental income from that point onward on House 2, and gain full ownership of House 3. In addition, it was agreed that she would leave 2/3rds of her claim to us, my mother's children (as S has no children of her own) in her will. Their other sister (we'll call her J) is not to be involved under any circumstances.
The current situation:
My parents live in House 1 with my younger brother and myself. My older brother has taken up residence with his wife in the upper floor of House 2, and House 3 is a rental. We have spent all this time maintaining the houses as agreed. This includes repairs, renovations, insurance, property tax, and all of the mortgages. We recently renewed the mortgage on House 1. Houses 2 and 3 were paid off within the past few months or so.
Aunt J came to our house last week with a paper saying that S's shares of Houses 2 and 3 now belong to her, and she declared that she intended to collect rent from our tenants and my brother. J attempted to fast-talk our tenants into giving her the rent early this year, to no avail. We checked the title online, it *appears* to have been legitimately transferred, but this is a clear violation of the agreement between my parents and aunt S.
Aunt S also threatened to transfer her share of House 1 to aunt J and charge *us* rent in a phone call the other day, but her attempt to do so anyway was thwarted by the renewed mortgage. I'm told Aunt J was sent to harass the banker who processed the transaction, as well as the accountant who has been taking care of my parents' finances all these years.
What can we do about this? Aunt J was absolutely not supposed to be involved, ever, but here she is now. We've done almost everything for these houses. Aunt S only paid a portion of the down payments. Aunt J didn't pay a dime. The agreement isn't finished, and it's no coincidence that this is happening as soon as we paid off the mortgages.
Topic:
Canada
| Was this agreement memorialized in writing? |
Mom threatened with lawsuit over my online review of a company (SC)
| My parents built a house a few years ago and purchased most of the supplies from a local building supply company (note-the only business of its kind in their small rural town). The roofing materials were completely shoddy and they started having issues almost immediately. My mom tried, for close to a year, just to get someone from that business to talk to her. She was constantly being blown off, ignored, or told that somebody would get back to her, and that never happened. She has tried, beyond what I think is a reasonable amount of time, to get someone from that business to listen to her complaints, and try to make it right. Instead of trying to help, they got rude and told her she would have to sue them. She tried other routes, such as going directly to the company that manufactured the materials, going through local/state agencies, filing complaints with the proper channels. She just wants her roof fixed. She doesn't want to sue or get involved in some legal battle.
After being repeatedly ignored or spoken to rudely, I told her the easiest way to get a response would be to take her complaints public, and hopefully they would finally respond. She's not the most tech savvy person, so I left a review on their FB page stating that they received inferior, shoddy products, and that no one from the business was willing to even try to help make it right, they had horrible customer service, and my parents felt ripped off. That's it.
Less than a week later, she has received a letter from the owner of this company's lawyer, threatening her with a lawsuit because of my 'false, inflammatory, libelous statements' and that my words were so damaging to his reputation they warranted a lawsuit. What. So, you can't even speak to your customers when they have an issue, but immediately sic your lawyers on someone when they leave you a bad review BECAUSE you won't speak to your customers?
So what do we do? Ignore it? The lawyer admitted in the letter that there were issues with the products my mom bought, but that was an issue to deal with through the manufacturer and the owner of the business refused to 'help' with honoring her warranty (which is still in effect). Basically, the man sold her defective products, refused to help her rectify that his business sold her defective products, and has now threatened to sue her for my words. He has several bad reviews online right now. Did everyone get a cease and desist letter? Probably not. I'm furious for my mom right now. The damages to their house because of this is about $15,000 right now.
| It's not libelous if it's the truth... Assuming everything is exactly as you described, they have no case and are likely trying to scare your mom into deleting the review.
Seeing as they admitted in the letter that there were issues with the product, this sounds like either a very bad lawyer or someone impersonating as one. Look them up online and if they exist ask if they sent you the letter. If they don't exist, or haven't sent you the letter, report the business owner for impersonating a lawyer.
Disclaimer; IANAL. Answer #2: If what you posted was the absolute truth, no worries.
I'd suggest your mom get a lawyer, just to write a letter at first. He can explain why your commentary is not defamatory and suggest that this store make it right, immediately.
Much luck.Answer #3: Ignore the threats of a lawsuit until they actually sue then hire a lawyer. |
My doctor won't fill my anxiety and sleep medication and it's been almost a week.
| Hi, I'm 15, almost 16, and I have to be on anxiety/depression medication and sleep medication for well, my anxiety, depression and insomnia. Problem is, the medication I'm on has to be signed for by people at a therapy office I used to go to (I've since moved and I'm in the process of switching over here)
If I don't take my meds I have horrible withdrawals. I end up shaky and puking and can barely eat, walk or sleep from pain and discomfort. But it's the only medicine that works so I take it, plus it's never caused me problems as long as I take it regularly.
That's where the problems start.
My doctor's office (well, old therapy office) has been horrible with filling my prescription. Given that I can only get it from them they have to sign saying yes, I am supposed to be taking this and they can fill it. We've asked them to for almost a week now and they haven't signed.
It's not like they've said no, they just... Haven't responded at all. They're waiting for them to say ANYTHING at this point. Im lucky my mom is on a less powerful, different kind of the same drug, because while it does nothing for my anxiety it keeps the withdrawals at bay.
I don't have energy. I always want to sleep. I need my meds but I can't FORCE them to call back and sign. This is the second or third time they've done this to me, the first two times I was left shaking and puking in bed for several days. I don't know what to do.
Whether I can do anything or not, I don't know. But I would love to know if they're allowed to do this or not. We don't have the money to sue but if we did I definitely would.
It at least felt good to get this off my chest. Thanks in advance.
| Your doctor is under no obligation to continue to prescribe medication, much less to a patient who's no longer in their care. Your doctor may agree to give you a one-time refill in order to give you a chance to find a new psychiatrist. Or they may require you show up for an appointment.
Withdrawal is a bitch, but taking medication not prescribed to you isn't the answer here. |
Fiance made potentially slanderous statements about co-worker and involved MY business. Slander suit?
|
My question involves defamation in the state of: Texas
I have a start up business. One of the verticals I serve is healthcare. My fiance is a doctor. He introduced me to a higher up doctor in his hospital and tried to help me get business. The first couple of meetings started well, but my fiance kept calling it "our business". it's not. And my co-founder/developer/initial investor became very angry that he was stating this. It got under his skin so much, he claims that is the reason he pulled out from our business completely.
I was dumbfounded and really left in a lurch. My fiance became angry and accused me of telling my co-founder bad things about him..he couldn't understand why he was so sensitive and left. Regardless, we continued conversations with this other doctor/executive...went to meetings and I (as CEO) ask him to be on my board of directors. He already told me he was considering investing in my company and he said that HIS hospital (where my fiance works) was also "in".
All of a sudden this doctor/executive stopped contacting me. He never signed the legal documents my lawyers drew up for him offering him 3 percent equity (over time) for being on my board...and an opportunity to invest. Instead he suggested he might BUY my company. But he never did.
My initial belief was that my developer (former co-founder) talked with him and told him not to work with us. I just left it alone...but it has been a bitter pill to swallow. This was 3 months ago.
A week ago, my fiance told me that he told his colleague the story about this doctor/hospital executive and how he tried to BUY "our company" but didn't get the right amount and that's why my deal with his hospital went south. He called this executive a "crook" and "opportunist" to the colleague...he was peaking with.
Well, it got back. The doctor texted my fiance and told him that he might get a lawyer for slander...and that he couldn't believe what he heard about himself. My fiance texted him back... and told him that he didn't like the way he was talking about "our business" (IT"S NOT HIS BUSINESS! HE HAS NO EQUITY AND WILL NOT HAVE BECAUSE HE HAS RUINED HIS CHANCES IMO). He went on and on about how the guy was a crook and that he "used us" ...to get free product and never followed through.
So I am in a hot mess. The doctor/executive never contacted me at all. But I am worried that my fiance is acting like he represents my company. Do I need to worry? Also, I'm concerned if I tell my company lawyers...they will have a BIG issue with all of this and worry that we have disclosure issues for the future. Thoughts?
I have a friend who is not a lawyer suggest torturous interference suit against my fiance.
| So obviously the wedding is off, right? Because your friend is telling you to sue your future spouse which would presumably mean that you would be satisfying the judgment you hold with household assets/income.
**You** are a sloppy business owner. You should have had a membership agreement in place that detailed member/investor exits. You shouldn't invite third parties into business meetings to broker deals and then get upset when third parties assume that they acted with your authority. "Crook" and "opportunist" are likely non-actionable opinions, but that hinges on precisely what what was said and the context in which it was said.
I'm actually surprised that you haven't sent e-mails to people explaining that he is not affiliated with your business in any way. Stop hiding stuff from your attorneys, tighten up your standard operating practices, and move from there. |
Home owner's association denied my mother's house purchase after finding out she has a disabled daughter
| Location: Sumner, WA.
I've been trying to help my mom find a home. She is 60 years old and she found a beautiful house in Sumner and it's part of a "senior 55+ older community". My mother has a VA loan so it's harder to find houses, and this seemed like a perfect match. Or so we thought..
Long, long story short: We contacted our real estate agent, she contacted our VA lender and a couple hours later he said it looked good to go.
So our agent scheduled us to see it. Mother loved it and our agent put in an offer (about 10k more than asking price), and we got it!
I actually used my financial aid money I had saved from college for the inspection fee ($325) as a gift to my mom. I also helped her with the earnest money, which was $1,500. Okay so far so cool!
However then the Home Owners Association out of no where wanted **proof** showing that my sister (mother's daughter) needs to live with her because of her disability. She is schizophrenic. I drove my sister to the Social Security building to get her reward papers, and my mom submitted those along with her FEMLA papers showing that she does indeed need to live with her.
Then the HoA people said that wouldn't work and they wanted a letter "signed by a doctor" specifically saying she needs to live with my mom.
So I drove to the Multi-care place to get the letter, which was signed by her therapist specifically saying she needs to live with my mom.
We submitted the new letter, and our agent said it was accepted!
Then the next day, we got another email from our agent saying they had a board meeting and "voted no" on the letter or whatever, and that we cannot move in.
My mother and I are in kind of shock and our VA lender was irritated and said something like "it's kind of discriminatory, but they can really do w/e they want".
I'm just curious if this is actually legal? My mom thought it was extremely discriminatory, and now I just lost the $ from the home inspection too.. Which is kinda weird as the seller agreed to the offer. Is it possible to at least get the HoA people to partially reiumburse the home inspection costs? Or is that just part of the risk of buying a house in a senior community?
Anyways, thanks for reading.. I might have rambled a bit but honestly I'm pretty bummed over all this and my mother said: "If they are going to be that difficult with us I don't even want to move there anyway". Which I agree with her..
| If your sis is under 55 (which I assume is the case) it would have been something I would have checked before paying for anything.Answer #2: sorry you are out the dough maybe this link might help in the future? https://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/seniors
|
Check fraud? [OHIO]
| I've recently been trying to rent a room in my house. A person moved in, and for all intents and purposes tenancy had begun. The day of tenancy this person decides they do not want to live here, and demanded the deposit back (in cash).
I made it clear that under those conditions, the deposit was non-refundable according to ORC 5321.17 Section B. The check was issued to me, and cashed on September 26th. This occurred on September 29th. Upon checking my bank account today, the funds of the check were pulled with the note "refer to maker".
I'm assuming this person was trying to scam me knowing that the check would bounce.
What are my options moving forward?
Please note that i know one of my options is to write it off as life experience, but i'm not going to do that.
| You can sue them. Why did they decide they didn't want to live there? Did you misrepresent the room in some way? |
I won a giveaway at a professional conference - do I keep the item, or does it belong now to my employer?
| Hi all! I am in Pennsylvania. Recently won a tablet at a conference I was attending for work, out-of-town, over 2 days. It was a business card drawing at one of the vendors' tables.
Is this tablet now mine, or does it belong to my employer? I think it would be the latter, as I was representing my employer, and I was technically on company time (although I was not required to go, I asked). I can't seem to find much online regarding this. One woman at the conference said her colleague won an ipad, and had to either give it to her place of employment, or pay them for it.
This question seemed really interesting to me until I saw some of the other posts on this sub :}
To add: I emailed my supervisor soon after to let him know and he said 'Congratulations!' I showed it to him at work today, and told him I was hoping to use it for instruction, which I do hope to do. I'm just not sure if it would officially 'belong' to the library. He didn't say anything to indicate that.
| I won a Chromebook at a conference. I dropped my card in their box and they said I won a few weeks later. I checked with my boss and since I'm not involved in any purchasing decisions it would be fine for me to keep it. Also work would have no use for it and we're not a gigantic company either.Answer #2: Not legal advice but at my company it would depend on if you were on company time for the event. I have been sent to things like CES and Interop for work and if I am being paid to be there then all the swag I collect belongs to the company. The last time I went to CES I took time off to go and everything I picked up I kept.
Not sure how it would play out legally though as these things were discussed prior to me being sent there on company time. |
[MA] Is it illegal to fire someone because of his criminal background?
| So there is this new guy who works with me and something always seemed a little "off" with him. One of my co-workers looked on the internet and found out he has an extensive criminal history, including assault with a deadly weapon and forcefully raping a minor.
When it got it my managers attention, it came out that they didn't do a background check on him. They say now they can't fire him for his criminal history because it is "discrimination." Me and a lot of the other female employees are really scared with him around.
I was under the impression that MA was a fire "at will" state. Why would it be so hard to fire this guy?
| If he is a full-time employee then they fire him they can be held liable for unemployment compensation also. |
I hit my neighbors truck in my driveway.
| A couple nights ago I was leaving for work on third shift so it's dark out and I don't have lights outside my house. As I pull out of my garage I'm typically picking what music to play on the way to work not really paying too much attention. So I did't notice that my neighbors truck is parked right up against my garage door for no reason at all. I smashed the hood of my car under his bumper. He says his insurance won't cover it because I'm at fault for not paying attention despite the fact I never gave him permission to even be on my property let alone parking in front of my garage. The night this happened I found him passed out drunk at another neighbor's house. I don't want to file a claim and pay a $500 deductible, what should I do?
| > not really paying too much attention.
When operating a motor vehicle, this phrase should never come into play. Anything else is negligent.Answer #2: Not a lawyer, but I think your neighbor is right: despite him being parked in your driveway without your permission, you're still responsible for the accident.
Now if you had seen the truck in advance, you would have likely been justified in getting it towed away, but that's not the situation here. Answer #3: Think of it this way. What if it was a person instead of a vehicle. No matter whose property it is, you are responsible at all times for what happens to the vehicle you are driving. If someone's stupid kid was in your driveway chasing a ball and you killed him, would you be arguing you shouldn't be facing charges?
Your neighbor is giving you the deal of a lifetime in not making you/your insurance fix his truck. Take the cost of repairing your vehicle as the price of learning that you should always pay attention where your vehicle is going and what is around it. Fiddle with your radio when the vehicle isn't moving.Answer #4: > I don't want to file a claim and pay a $500 deductible, what should I do?
Your other choices are to fix it yourself, pay someone to fix it (out of your own funds), or leave it damaged. |
Laws regarding useless products?
| So, I have a question about laws protecting consumers from useless and deceptive products... specifically, are there any laws at all, and are they enforced?
​
With the modern increase in online sales, scams involving products that are functionally useless are becoming more common. I'm not talking about products that are defective, or poorly manufactured, but products that are functionally useless from the start.
​
An example of this kind of product would be this bug zapper, advertised on Amazon and several web pages.
[https://www.amazon.com/Creations-JB5452-Cordless-Electronic-Coverage/product-reviews/B002WTN3IS/ref=cm\_cr\_arp\_d\_hist\_1?filterByStar=one\_star&pageNumber=1](https://www.amazon.com/Creations-JB5452-Cordless-Electronic-Coverage/product-reviews/B002WTN3IS/ref=cm_cr_arp_d_hist_1?filterByStar=one_star&pageNumber=1)
The product claims to kill bugs in various ways, but in actuality it's a fancy looking plastic tube with a blue LED light in it, which is completley ineffective for bugs. It is entirely useless in every way, and is just one of many cheeply made devices that claim much and do nothing. Some are even sold at major retailers like Walmart.
This product is a variation of a scam that has been going around for a while, and became especially common after the recent Zika scare.
​
Are there any laws or regulations that would protect consumers from these useless products, and prevent online retailers like Amazon from allowing such products to be listed?
| It was, and remains, legal to sell pet rocks. _Useless_ products are perfectly legal - the law does not decide what someone may or may not have a use for, at that level.
However, deceptive marketing and false advertising are restricted. If the product description
> Weatherproof trap emits UV light and titanium dioxide to mimic human scent and attract insects. Vacuum suction kills mosquitoes, flies, wasps, and more. Pesticide and odor free. Use day or night, inside or out.
is materially false, then the FTC or state-level regulatory bodies may [hear complaints](https://www.ftc.gov/news-events/media-resources/truth-advertising), and the purchaser may be able to compel a refund either through through Amazon, through their CC issuer, or through the courts.
You might note that the description only implies that the product effectively controls mosquitos. That kind of implication is always dicey, and may not be enough to bring a consumer complaint. |
I’m about to be fired from my job. If I report my boss to HR for wrongfully forcing me out, what are my chances of survival?
| Alabama, USA. I’m an assistant manager at a big box retailer, $50k/year. I’ve worked for the company for 8 years, in that time I only received 2 performance based correctives, new boss took over in November and I’ve received 4 since the new year. 8 previous annual reviews, never scored less than 3.0 (on a scale from 1-5, 5 being the highest), was just given a 1.7 review for 2018. I feel these correctives and review are not reflective of my performance.
Mainly I just want to know what I need to tell HR, and what evidence do I need, to stave off what appears to be the inevitable?
Also, would it be advantageous to not report what I have on my boss and keep it for ammo against the company if I get let go and file for unemployment?
| > Mainly I just want to know what I need to tell HR, and what evidence do I need, to stave off what appears to be the inevitable?
Nothing. You need to look for a new job. |
(TX) My dad is a farmer, I work for him in the summer. Is this considered "paying me under the table"?
| My dad is a farmer and owns some land, I work for him in the summer and in return he helps pay for my truck, I think it is an awesome deal we have. Is this legal since he is my dad and I am not working at an actual place? Could we get in trouble for him "paying me under the table"? I never understood this.
| I mean, this really is a question for your own conscience, and not really a legal question. There's no way either of you could get in trouble legally for you helping your dad on his farm, especially if he never actually pays you. There's not really anything the IRS could question here. Plenty of fathers pay for their son's vehicles, and plenty of sons help their dads around the farm, or with doing chores, etc. Is this just like you and him? Or is this a working farm with paid employees?
If this is weighing on your mind and you want to report this to the IRS to unburden yourself from that, then you're free to do so. But if you're worried about the IRS coming after you, I can't see how they could, as long as it's not really an operating business.
But by the letter of the law, you should probably report the payments he's making as income to you. And if you don't do that, I doubt anything will happen. |
[MN] Divorcing a disabled husband?
| My family has run into a bit of difficulty recently. A few years ago (7 or so, I think), my mom got married. Myself and a few other family members lived with them until two years ago, where we had a pretty significant falling out that involved kicking my stepdad out of the house. Despite being separated and living in separate locations, my mom and stepdad still saw each other somewhat regularly, though my stepdad had a history of verbal abuse over text messages and facebook, especially when he had been drinking. Despite this, my mom never tried to get a divorce, though I'm not sure if my stepdad did or not.
Anyway, things kept getting worse, until recently, when my stepdad had collapsed. After getting him to a hospital, we found out he had some sort of dementia brought on by too much drinking (to the extent that he has trouble remembering the day, doesn't know who people are, thinks things happened that never actually happened, and so on), and possibly left him unable to use his legs (though I'm not sure how much of that is permanent). We're not sure if he'd be able to live on his own and just have someone check on him from time to time, or if he'd need full-time supervision in a nursing home.
Unfortunately, that's left us in a bit of a tight spot. My mom had been thinking about filing for a divorce a while ago, but mostly didn't due to the costs involved and fear that my stepdad would try to be vindictive about it. Right now however, it seems like we'd have to help pay his medical expenses, and that's not something that we're really able to do.
If my mom does try to get a divorce, what kind of expenses would we have to worry about? And would there be any complications when trying to divorce someone that has mental issues like this?
| Divorces are *very* fact-specific. Your mother should consult (with a few) divorce attorneys. |
Evicted from parents house
| I'm 19 in Delaware.
I posted before, so this is really just an update, with a few questions.
My parents kicked me out yesterday because they thought I was smoking in my room.
I pay rent to them, and was asleep when my dad broke my door in and tried to physically grab me and throw me out. After defending myself, I walked out without further aggravation, and went and spent the night in a hotel.
They texted me giving me permission to come by the next morning and get some clothes, and when I did I noticed my safe that was tethered to my closet bar was gone.
Called the police immediately and the county cop said he couldn't do anything and I had to file a civil suit, he also recommended calling for a non emergency later when they were home to get my things and the officer would I guess mediate?
Later my dad texts me saying I can come open the safe in front of him and the police when I go there, and also found my case of beer And a bowl with maybe ~.1g in it. My question is, can he claim that they are mine?
When I picked up my clothes it was all missing.
My thinking was that since he didn't call to report underage drinking or drug use on the property that he rented, that I can deny knowledge of it since it wasn't found in my room.
I have legal shield, but it's gonna be a few days before I can speak to a lawyer because apparently so do my parents and it's a conflict of interest and I have to get a referral from them.
Apologize in advance for any sloppy formatting or vagueness, I'm new here.
| You're being kicked out by your parents (which they have to give notice for, since you're a tenant, but honestly I'd leave sooner than later and get my rent for the unlived portion of the month back).
You are not obligated to open the safe in front of them. You can just load the safe up and be on your way.
He can definitely claim the beer and drugs are yours, especially since they are.
The same lawyer definitely will not advise you and your parents both on a case you have against each other. It is a conflict of interest for him to be advising both sides.
Your best course of action is to gather all your belongings and to find a new place to live.Answer #2: > My thinking was that since he didn't call to report underage drinking or drug use on the property that he rented, that I can deny knowledge of it since it wasn't found in my room.
When you're a criminal suspect, talking to police *at all* is a bad idea - even if it's to deny an accusation. Better idea is just to say nothing. Best idea is to avoid putting yourself into a situation where a cop might ask you uncomfortable questions.Answer #3: So you are asking if your dad can tell the cops about drugs that you admit are yours? and you want to know if you should lie to the police?
|
How do I (18/F) make a will? (Connecticut)
| I know it sounds ridiculous to make a will at 18 but I am suicidal and I do not trust my parents at all, nor do I trust any immediate family members with anything that I own. In addition, I don't want them inheriting anything since they aren't very nice people. And is it possible to give everything to one person? I don't have any friends or any family members that I'm really close to. I only have my boyfriend. Any help/advice would be great appreciated.
| My advice is to call the Suicide Prevention Hotline at 1-800-273-8255.
Please seek help, there are many resources available to you.Answer #2: I would contact multiple lawyers to see who will help you draft and file one as cheap as possible if that is what you are dead set on. I do advise you also seek council for your mental health. I've been where you are and I drafted a Will just so my parents have no say, and I also filled out the hospital paperwork for a DNR form, and giving my Fiance complete control if I am ever incapable of making my own decisions |
[GA] Is it illegal to give out free hugs on the street?
| I have an idea for sort of a social experiment. It's not affiliated with any religion, or belief system. Basically the idea is to set up a table, two chairs, and a sign that says "FREE HUGS (also life advice/shoulder to cry on)".
I know it sounds weird and hippyish, but I've been through some really dark times, when I didn't have human contact or anyone to talk to. I don't want other people to feel that.
| We have those. They're widely considered the saddest and creepiest people in the street, and more disliked than the local panhandlers, but it's legal to solicit or offer hugs so long as nobody commits assault (unwanted contact), trespassing (by being on private property without authorization), or disturbs the peace.Answer #2: Having a sign that says free hugs and having a willing participant take you up on that offer is not illegal. |
Update: apartment flood
| Original post here:
https://www.reddit.com/r/legaladvice/comments/8por0r/unusable_kitchen_due_to_flood_repairs/?utm_source=reddit-android
Hi legal advice!
Due to flood repairs in a unit we rent in Chicago, our apartment is uninhabitable. Our kitchen cabinets/appliances are in our living room. we have made a claim with our renters insurance and they have been paying for us and our cat to live in a hotel. its been 3 weeks since the kitchen was torn out and no real movement by our landlord to get it out back. He is fighting with his insurance company, the condo association, the construction company etc, but nothing meaningful has happened.
We already have an agreement with our landlord in writing about rent reduction for the time we havent been in the unit, and basically agreed to pay full rent for August and settle the reduction when we know how long we will be out of the apartment.
However our insurance cap is coming up soon. We are exploring breaking the lease and finding a new apartment. My concern is that I'm not sure the place is considered "uninhabitable" enough (I guess our insurance company thinks it is since they are paying for the hotel). 2 questions:
1. Is this enough to break the lease?
2. What steps do we need to take to break lease? (e.g. giving appropriate notice, settling 3 weeks of rent for an apartment we couldn't stay in)
Topic:
Landlord Tenant Housing
| If you can't live in the apartment you should be paying $0 in rent for that time. |
[Chicago, IL] Condo association refuses to tow cars parked in my space
| I own a condo in a building that includes the exclusive use of a parking space as a limited common element. I don't generally park there myself -- I rent a garage elsewhere -- but someone has been repeatedly helping him/herself to my space. I did need to use it today and found a rental car parked there. I sent an email to the building mailing list asking whoever it was to move their car.
The association president, who regularly declines to enforce the building's rules, replied with a snide one-line email thanking me for my "understanding and flexibility". I replied asking what the procedure is for towing unauthorized vehicles is but haven't gotten a response. As the owner of the "exclusive use" of that space, I am in no way obligated to be understanding or flexible, right?
Our condo rules say, "Unauthorized vehicles are subject to towing at the expense of the infringing owner," so it would appear that the association has the right to tow unauthorized cars. But I don't read that as requiring them to tow. In order for me to have the "exclusive use" of my parking space, there would have to be something that can be done when someone infringes it. Does anyone have a responsibility to remove an unauthorized vehicle? Do I also have the right to remove an unauthorized vehicle in order to guarantee my "exclusive use"? If not, does that mean the right to use the parking space meaningless if the board refuses to enforce it? Sadly, the associated decided to self-manage years before I lived here so there's no management company I can go to for help. What are my options, if any?
Thanks so much!
| I have this similar problem at my apartment complex in Tampa. We have signs that say "unauthorized vehicles will be towed at the owners expense". You should still contact the landlord about this situation, but if I were you, if you see someone park in your space, immediately call the tow company and have the car towed. Other people know they shouldn't park there. Answer #2: Find your copy of the deed that spells out which space is yours, make a quick photocopy to keep in your kitchen.
Call Bubba's Garage and have them tow it, repeat as neededAnswer #3: Can you put cones in your spot to mark it? If it’s your numbered spot couldn’t you get creative write a sign that says “this sign is your notice that authorized vehicles cannot park here and will be towed” ?Answer #4: I'm not a lawyer, and this is entirely off topic and I completely understand if the mods delete this comment, but I originally read that as "condo association refuses to tow cows parked in my space", and was intrigued at how this situation ever arose.Answer #5: NAL
Usually this sub suggests going to city /gov authorities when HOAs aren’t complying. While you read the city ordinances and the latest laws of notifying/signage/avoiding “pirate tows, I’d contact police, city authorities and even some tow companies. If you have AAA, maybe they have experience. To begin with, quickest and easiest, an email (same one to all)sent to all these entities might help and you’d have something in e-writing.
|
Noncompete Contract advice with a Mens Salon/Spa. New York.
| deleted
| First, about half your post is irrelevant. The not paying overtime and paying cash is separate, and something the DoL would care about but would have little bearing on your non-compete.
[This](https://www.eeoc.gov/laws/types/) is a list of the legally protected classes where discrimination is illegal. Also not that the age bit is only about discriminating against someone because they are older than 40. Anything not on this list is perfectly legal discrimination.
The non-compete is really the only thing that matters here, and in the US these can be tricky to say the least. It's probably safest to pay the few hundred dollars to have a sit down with a lawyer to look into the validity of yours and discuss this. |
My[CA] husband just got picked up for marijuana charges in Utah
| I'm in a state of shock. My husband left on a trip a couple of days ago to go visit some family in Colorado. I got home from work earlier and saw a missed call from an unknown number. The voicemail is from an automated call from a jail in Utah. After making a couple of calls, I come to find out he is being held in jail for marijuana possession, intent to distribute, and possession of paraphernalia with a $5000 bond. After getting this information, I head down to the local bail bond, but they couldn't do much because apparently he hadn't been booked yet and the banker hadn't called back. The lady said she would call me whenever she received a call back, that was three hours ago.
Where do I go from here? I suppose there's not much I can do until he's booked. I feel so lost.
I feel like I should quit my job. I work for a school district and if word of this got around to the small community I could never show my face again. I feel humiliated.
| >I feel like I should quit my job. I work for a school district and if word of this got around to the small community I could never show my face again. I feel humiliated.
You live in California, where marijuana is about to be legal. Why would you quit your job? You aren't thinking logically, and that is okay.
It is not the end of the world. You can google a few criminal defense lawyers in Utah and your husband can hire one once he is out. |
Found an open card in my mailbox. What should I do?
| Hi there. I'm in Pennsylvania.
Recently my mom sent me a card and a check for some money that was owed to me.
When I got the card, it was obviously cut open, and sitting right in my mailbox. (I took pictures).
The card looked like it was a birthday card (in typical mom fashion), covered in stickers and handwritten. I'm guessing someone saw it and figured their was cash inside. The check was also intact. Nobody took it. And I alerted my mom to keep an eye on that account.
What else should I do?
I live in a rough part of town. It either happened at the mailbox (it was only in there for 3 hours, broad daylight, while I was at work), or before it got to my mailbox. It's honestly 50/50 in that regard.
Thanks
| You can file a police report or let the USPS know but nothing will be done. If you're worried about your mail being stolen setup a camera. |
[Ontario, Canada] Teenage sister was caught shoplifting and I received this letter in the mail after 2 months. What do I do?
| My younger (17 y/o) sister was living with me for over a year while our parents work and live overseas. I am in my early 20's and a full time university student. Long story short she was out of control and did a lot of stupid things that finally led to her being caught shoplifting. I couldn't deal with her and sent her back to live with our parents.
The officer that "arrested her" basically let her off the hook because she is a minor and was planning on going to university, etc.
I received this letter today:
[http://imgur.com/a/s0NZa](http://imgur.com/a/s0NZa)
It sounds like I'm essentially being extorted for money. Especially since whatever my sister stole was returned to the store when she got caught. My parents are okay with me paying the $435.00 but I just want to know if I should go through with it or not.
Thank you
| It's a demand letter, not extortion. All it says is that someone believes you owe them money, and that they'll sue to collect it if you don't pay.
They're wrong, though. They believe she's your daughter, which would mean that you would have some degree of parental liability for her actions. As she's not, you have a solid defence: you're not responsible for your sister's debts, in general. Odds are good that if you write them back or call them, explain that they have received some bad information, and that the person they're interested in is your sister and not your daughter, they'll leave _you_ alone.
They may go after your parents, or your sister, or both. It's up to you whether to provide contact information; without a court order, you're not required to do anything.
Edit: "Govern yourself accordingly" remains the douchiest of lawyerly closings, though.Answer #2: Under the Parental Responsibility Act, a parent could be responsible for some acts of their child:
https://www.ontario.ca/laws/statute/00p04
You're not a parent and have absolutely zero liability here, no matter what the sister did.
In this store's case, the store has no actual damages (the product was recovered), the kid wasn't charged, and this letter is completely without any merit at all. I'd be tempted to respond with nothing but a page of laughing emojis, or similar.
http://www.slaw.ca/2015/04/01/bully-lawyers-shoplifting-civil-recovery-letters-whos-going-to-stop-them/
|
Neighbors saw me having sex in my home through my windows - indecent exposure?
| I currently live in a fourth floor apartment that faces a street but whose windows are largely obscured from the street by a balcony that (from my tests) make seeing into my windows from the street difficult if not impossible. For this reason and because I live in geographical location that gets very limited sunlight, I often leave my blinds open to let sun in and because I don't think almost anyone can see in.
To my surprise, I walked outside and noticed a note taped to the front door of my apartment. In the note the author referred themselves as an concerned neighbor would told me that they had seen me having sex several times with my girlfriend in my apartment. I was shocked and let out a small laugh that such a thing could be happening to me (but not to make light of the situation). I later found another note on the door that told me that they apparently heard me laugh and were now threatening to call the police about it and get a lawyer. I've never regretted a nervous laugh so much.
I acknowledge on occasion that my blinds were open and, like many adults in committed relationships, I had sex with my partner in my home and even on the couch which is not far from the windows. In the state I live indecent exposure is defined as, "A person is guilty of indecent exposure if he or she intentionally makes any open and obscene exposure of his or her person or the person of another knowing that such conduct is likely to cause reasonable affront or alarm..". However, I never meant for anyone to see.
My question is that can I be convicted of indecent exposure for my neighbor seeing me engaged in a sexual act like this when I just had a bad habit of sometimes leaving my blinds open? My blinds are now obviously closed. Location - WA, USA.
**Update 1**: Just so you know what I am dealing with and I don't have to paraphrase here are the images of the notes.
**Note 1** In defense of the masturbating point, 1) - not constant and 2)- I don't do that really anywhere but the shower. I think they are just seeing me sit naked on my couch. The fact I have to share that with the internet kills me inside.
https://imgur.com/gallery/DXEfv
**Note 2**:
https://imgur.com/a/Hvqv8
**Update 2** I decided to write a response and paste it to the outside of my apartment complex where I found the other notes. Here is what I wrote, hopefully it will stop this.
https://imgur.com/a/N2G4Y
| Snoopy neighbor is more a voyeur than are you indecently exposing yourself. Especially if claiming the observation came from the street and you are on the 4th floor. How possibly did they hear your laugh?
http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.44.115Answer #2: I think they're skirting closer to illegality than you are.
I also think when your g/f comes over, and I mean every time, you should put a giant sign over the window that says something like "IT'S ON!" ideally with a smiling personified cartoon rocket ship, banana, etc.Answer #3: Along with the voyeur angle most other comments are suggesting, consider getting privacy screens for your windows. [Something like this](https://www.amazon.com/gp/aw/d/B00MWSZZ6C?psc=1) lets in more light than blinds with about the same amount of privacy. I have these, and pro tip, get some double sided tape for the corners or else it will start to peel off every few months.
Also, they look pretty good. The one I have has a bunch of little squares to fake stained glass, and my landlord thought I replaced my first floor windows from about two feet away. |
Using a replica gun as a deterrent? North Carolina
| [deleted]
| lol thats how you get shot. get a real gun. a handgun is just 150 or less for a high point |
How will copyrights for older works (LotR, Mickey Mouse) work when they expire in Canada, but not the US? Will Canadians become immune to cease and desist?
| Canada currently has life+50 years for their copyrights while the US and EU have life+70.
When the copyrights end in Canada are people then immune to cease and desist orders?
Lord of the Rings is coming up on a copyright expiration in 2023, so will we see a possible LotR theme park open right across the border into Canada with nothing the current copyright holders could do about it?
| >Lord of the Rings is coming up on a copyright expiration in 2023, so will we see a possible LotR theme park open right across the border into Canada with nothing the current copyright holders could do about it?
No, it doesn't mean that. LotR is still an active trademark of the Tolkien estate (and Warner Bros. as far as the look of the movies is concerned).
It might mean someone could self-publish that Prince Imrahil novel-length fanfic they wrote in the 9th grade, though. It couldn't be legally sold in the US. |
My university is picking on me (insert middle finger)
| I am in a graduate program at a California university. I am being required to retake a class for receiving a B-. The problem is, is that I know of four other students in the same class who also received a B- and aren’t being required to retake the class. I met with the program director and he lied to my face saying he doesn’t know anyone else who got a B-. I recorded the meeting with the lying director. I made an appointment with the dean for an internal grade check of that class. Open to any other ideas or next steps to take. Thanks internet world.
| >I know of four other students in the same class who also received a B-
How? You've seen the professor's grade book?
Seriously do not die on this hill.Answer #2: This is a school issue. The only thing related to law here is that California is a two-party consent state, so unless you had consent to record your meeting, the recording was possibly illegal. |
A company says our website is theirs.
| I own part of a web development company in the Netherlands.
We made a website for a local business.
There is a competitor (big one) in our region who makes websites and print for shirts, menu's, etc.
This competitor made prints for the same local business.
On the website of our competitor they have a "Portfolio" where this customers company is used to show off their work.
The page contains the name of the client, then "**visit our website**" which leads to the website **my** company built and then underneath that it says "Work for this client" followed by images of the work they did. This company has nothing to do with the website and we have not used any of their work on the website but it still says **our.**
​
My question is:
Are they violating any laws or my company's author's rights by saying "**Visit our website**" while it is not theirs?
| Have you talked to them? It might be a simple internal miscommunication.
If that doesn't work, have you talked to your customer? The most practical solution is one where your customer tells them to fix it, because they won't want to look bad and lose their business.Answer #2: This could be a misunderstanding. The employee responsible for setting up the page of links to "our work" may have assumed the work you did for the site was theirs since they did the prints. A big company has lots of employees, and an internal miscommunication like this is not uncommon. So simply letting the company know may be enough.Answer #3: Why are you not reading it as: This is our client XYZ, "Visit our website" (meaning visit XYZ's Website)?
​
Are they specifically claiming they did the Website?Answer #4: (not a lawyer) Screenshot that shit and roll it into YOUR advertising. "So good the competition wishes they were us". I would screenshot it, document it any way you can that is gold. |
Could I or how much legal trouble could I be in if I were to stab someone who was attempting to assault/rape me?
| [deleted]
Topic:
Criminal Law
| The winner of a knife fight is generally the one that dies in the hospital.
You can use force in self-defence, but in nearly every jurisdiction I can think of, you can use only reasonable force, proportionate to the danger you perceive. Using a weapon more or less requires that you reasonably believe yourself to be in _imminent_ danger of death or serious injury. (Rape counts.)
Stabbing someone as a first response is not reasonable. Stabbing someone who is actively trying to force you down might be. Stabbing someone who is approaching you with a weapon and a clear or stated intent to use it is near-certainly reasonable. Ultimately, though, it may come down to a jury's evaluation of the facts.
Once the imminent danger has passed, you generally can no longer use force. ~~Self-defence is also not a justification against charges for possession of a weapon or other incidental law-breaking.~~ Not accurate in Georgia! Thanks, u/FishingForCars.
If you find yourself in a situation where you cannot avoid using force in self-defence, get a lawyer afterwards. |
Need legal advice involving Walmart accident
| I had an accident at Walmart yesterday. I was shopping, my cart wheel jammed and a large can slipped out the child's seat, fell, and hit my toe. I was in flip-flops and blackened my big toe. Now I'm limping. Told my dad about it and he adviced I file an incident report. It feels pretty scummy, but do I have a case? I had to go home early from the pain and the area under the nail is blackened.
I'm in Shreveport
| You can file a claim with Walmart, but it doesn't sound like you have a case. You placed the can in such a way that it easily fell. Sounds like it would have fallen if you ran into a tiny bump.
I wouldn't bother, but if you wanted to you should first file a claim with WalMart. |
(Florida) Just got kicked out and my parents made me give up my car keys. The car key is in my name OR my dads. Anything I can do?
| I rely on the car. I go to school 6 hours away and without it I'm about to say goodbye to that. I am 19. "key" should be "title"
| IANAL, but I am a claims adjuster in Florida and have to deal with titles regularly. You and your father have joint ownership of the car. In Florida, co-ownership is showed by both names joined by "and" or "or". If the names are joined by "and" then both parties have to sign for anything to be done with the vehicle. If the names are joined by "or" as in your case, either party has rights to the vehicle and can make decisions regarding the car without the other party.
As your father has actual possession of both the title and the car, that will make things difficult for you unless you are able to request a duplicate title on your own.
If you're looking to gain actual possession of the car, you'll likely have to speak with a lawyer and be able to prove the funds for the vehicle came from yourself and not your parents.
On the other hand, if you were able to make moves on your own, your father would have little recourse. The application for certificate of title makes it very clear about what you are choosing when you choose for a title to be issued with joint owners as "or" instead of "and". The default is "and" so choosing "or" has to be a deliberate choice and you both would have had to sign the title application for it to be issued this way.
EDIT: clarification
Answer #2: Do you want to pursue an illegal eviction against your parents?Answer #3: Someone a bit more knowledgeable than me might know more about this, but this could be illegal eviction too. |
Need Tenant Advice
| Hello, Tenantguy here. (CA)
I have been living in my uncle's house rent free for about 15 years. In those 15 years he has decided to make an illegal addition to the house, that basically adds a small house to the back of the house and converted the garage into a room as well (so new small house has two rooms).
He lives in the back house with 9 other people (Wife, child, sister-in-law with 5 kids, mother-in-law). He wants to make the regular room in the back house into two much smaller rooms and move me in there, where I would not even have a closet. He is going to move out to his new home and wants to rent all the other rooms in the regular house and back house to other people and let the sister-in-law with 5 children live rent free in the garage room.
Now I did not agree to this and offered to pay rent for the back house($2000/month) so long as I can have the whole back house to myself. But he doesn't want to agree cause he want's to make more money off of each individual renter(Which my 2k would cover that and might be the most he would get anyway), but I don't want to have to share living space with people I don't know + the sister-in-law with 5 children.
He has basically told me if I don't like it the I can move out, but I don't want to since I have lived here for pretty much half my life. I'm mostly trying to rent the back for myself so that he doesn't end up with non-paying tenants in an "illegal unit".
So I have a few questions:
- Can he legally evict me at all?
- What do I do if he doesn't agree to renting the back house to me?
- Am I liable for his illegal section of the house and not telling coding violations officers?
- Do you guys think he should take my offer? (Given the fact that if he moves other people in an illegal unit they can just not pay and he wont be able to evict from what I read on google using "CA illegal units").
- Is my offer reasonable?
This is in California.
EDIT:
- He wants me to live rent free in the back house with a bunch of people.
- I offered to pay rent for the back area as long as I can have it to myself ($2000/month)
- Realized my post seemed winy, so I edited it.
| Quit freeloading off your uncle. If he wasn't supporting his whole extended family he probably wouldn't have to gerry rig his house illegally to get you all to fit. |
Custody question (Utah)
| My SO and I have a 7 month old baby girl. I stay home, I live in SLC, and I care for and financially support my baby and myself 100% on my own with my military pension. My SO works four hours away and commutes home on the weekends. He works insane hours during the week, drives a truck towing a trailer full of welders on mountain passes on very little sleep on Friday nights. He comes home and is worthless to us on Fridays and Saturdays, he just sleeps all day.
The last few weeks I have started to not be so lenient with him. I have been telling him that none of this is ok, he is not being a parent or a partner, and I need him to start sleeping more during the week. He doesn't take me seriously so it just continues.
Last evening, he told me at around 5:30 that he would be leaving the office at 8 and would call me when he was heading home. I heard nothing. I called a million times, and at 3 AM I called some of the non emergency lines for dispatches in the counties he drives through to make sure he wasn't in an accident. I decided at 6 this morning that I was going to call the police at 7 for a welfare check at his office - he lives in a fifth wheel in the back.
I called him at 7 and he finally answered - sure enough he was asleep. I am livid. I don't know how our relationship got to a point that this is ok, but it is not. So I told him to not come home this weekend. He was mumbling and I only heard him say he was coming home regardless, and then he hung up on me.
I sent him a text telling him that I think we need space, and I don't want him here this weekend. I looked up the standard visitation for a baby her age and it looks like 3 3-hour visits a week. Today, I am spending the day with his family (he doesn't like them so he had no plans to go anyway), so today is shot. So I text him and told him that if he comes to SLC this weekend, he is welcome to visit with her on Sunday in my home for 3 hours, but not to come here otherwise.
This guy thinks no rules apply to him. So I am pretty certain he will show up here anyway. Here is my question -
I am able to lock him out of the house. I own the home, it is in my name and my name only, he has a code to an electronic lock on the door but I can manually lock the handle. If he comes here before I leave and demands to take our daughter for the day, I have been dumb and we don't have a custody agreement or child support order, so if I call the cops, what will happen?
When we were fighting during my pregnancy, I did retain a family attorney, and will be seeing him as soon as the weekend is over.
But in the meantime, can I refuse to let him leave the house with her? I know I will probably have to do a formal eviction should we decide to part ways (he has a lot of stuff here, but his tools and stuff are in his shop at the home he owns across town, which has renters).
I am most worried about him just showing up and demanding to take her. If you don't have any parenting agreement in place or a visitation schedule, how do you get through the few days until my lawyer can draw up something standard?
I am not trying to "get him" in any way, I am just over this and need to draw a line somewhere. Thanks!
| No you cannot illegally evict him from his home.
He has no legal ability to "take" the child. You have no legal obligation to give him the child. The police will say it is a civil matter and to go to court. |
Fired for "suspected" smokeless tobacco use?
| United States.
Tobacco free facility.
Hours after a meeting with superiors, fired by HR for "smokeless tobacco use in prohibited area" (basically).
Was not using smokeless tobacco.
Was not asked during meeting if smokeless tobacco was in use.
Fired later for assumed use.
How screwed is the employer?
| Not at all. Unless you are in MT or have a union contract you can be fired for any reason, including a bad one, or no reason at all so long as the reason doesn't violate some other law (or in some states public policy). Tobacco users are not a protected class. |
(OR) I think this person will try to send me money after I told them no.
| I put an ad up on craiglist to rent out a room and got a text asking me to email them. Seemed a little strange but I did anyway. Got this response:
> Good to hear back from you, I'm interested in renting the room. My
> name is Tiffany Lynn Gravley i was born in France (Paris) i speak
> both French & English, am single, fun, loving, clean, loyal and
> respectful of others, don't have any pet. More about me, my father is
> from US and my mother is from France. I'm 21yrs old, sex female, i
> attend American University of Paris, graduated a year ago.
>
> I'm coming to stay for a year, and am coming for my master's degree.
> I'm currently in Alaska in a village "Nunivak Island" on a research
> work and will be coming soon... I'll be arriving this month i'll loved
> to call you but here is a remote area calls are very hard to go
> through, please send me some picture of the room because i will not be
> able to come over and check on it before renting.
>
> Please tell me little about yourself...if you are a student?,
> working?, married or single?, if there is a garage or parking space
> because i will be coming with my own car. Let me know the total amount
> for the first month rent, i will be paying upfront so that you can be
> rest assured that am really interested in renting the room from you...
>
>
> My mode of payment is US Check, so please feed me back with the
> following details so that i can ensure you are ready to rent the room
> to me.
>
> BELOW IS THE INFORMATION NEEDED
>
> ***** Full Name:
> ****** Street Address:
> ******* City, State, Zip Code:
> ******** Home & Cell Number:
> ********* Total amount for a month:
>
> I'll be waiting to read back from you with the information requested
> so that i can forward it to my father to issue out the check for the
> deposit and month rent upfront as soon as possible, with that you can
> hold on the place prior my arrival... Thanks for your co-operation
They obviously didn't read the ad or they would have already known the answers to those questions. It still didn't sound *too* insane, so I sent them the info. Then I got this response:
> Thanks so much for the details provided, I'll forward it to my father
> for him to issue out payment on time. I'm so happy that you are
> renting the room to me, pls secure the room prior my arrival by taken
> the ad down Craiglist, this will give me a strong prove that the room
> has been hold prior my arrival so that other interested people will
> not make any inquiry. I'll e-mail by giving you an update about the
> status in regards to the payment and also provide the tracking number
> from the carrier
> service delivery the check okay
>
> Regarding my Car.... I'm planning on having it delivered to you before
> my arrival so that you can come and pick me up at the airport and
> settle in comfortably, you can understand that transiting car is not
> easy so i am making arrangement with the car delivery agent to
> deliver the car before
> my arrival.I'll ask you for a favor here, can i rely on you accepting
> the delivery of the car?, as you'll be handling the delivery of the
> car along with the rent fee, the car money will be included in the
> check coming to you, once you receive the check you will help me have
> the car money send to the car dealer agent, please let me know if you
> can do this for me? and i promise to compensate you adequately for
> your time and efforts on my arrival into your place.
>
> Let me know at once if i can trust you to have the car money send to
> the car dealer agent once you receive the check. I'll be expecting
> your email as soon as you can. Thanks so much for your
> understanding...
>
> Sincerely,
> Tiffany
Then I told them "no, I can't do that for you," and looked it up--this is a very common scam. Now I'm getting emails insisting that payment is coming:
> Hi -- --, how are you doing today and i will like to inform
> you that the payment will arrived on Wednesday morning and kindly be
> at home to received it?OK
I told them no again.
What should I do if something arrives in the mail, other than just ignore it? Is it worth my time to report it? Should I be concerned about potential identity theft?
Topic:
Landlord Tenant Housing
| Reply to the email: "What is baseball? A shark in my pants! The world is a table! Holy gram crackers!"
Wait for response.Answer #2: It's 100% a scam. If the check shows up destroy it. Stop all contact. Don't waste your time.Answer #3: When you say you sent the info requested, did that include the pictures she asked for? If so, you might also want to keep an eye on Craigslist for fake ads renting out the room, which is another common CL scam.Answer #4: This is one of the more creative versions of the [cheque cashing scam](http://www.fakechecks.org/preventionRentalSchemes.html) I've seen.Answer #5: This sounds really scammy. If this person is not trying to scam you, which I doubt, she sounds a little crazy and I think you know that. If something arrives in the mail send it back. Don't cash the check, just return to sender. |
I seem to be suffering from some sort of extended harassment campaign by the police.
| Apparently they have some snitch breaking into my apartment on a regular basis and drugging the stuff in my fridge with amphetamines, lsd and who knows what else. This seems to be some sort of ploy to make me flip out and get slapped with a 5150. This has been going on for years on a daily basis and, I've complained to the FBI at least a dozen times. Since it's the police pulling this who exactly am I supposed to file a complaint with?
edit: I'm in California
| Have you tried talking to a therapist?
I have a brother who has the same, I mean exact same, problem as you.
Therapy and medication has worked a great deal.
Answer #2: This sounds exactly like paranoid schizophrenia. Your best option is to see a psychiatrist. If you have schizophrenia, they can help you. If you do not, they can vouch for your mental health, allowing you to pursue action against those harassing you despite the stereotypical nature of your complaints.Answer #3: Please seek therapy, a psychologist, or a psychiatrists ASAP. |
NJ- can my employer force me to download a text messaging app on my personal cell phone?
| I work for a hotel in NJ- we are an international hotel chain, but are a franchise.
My bosses sent a very vague email, asking us to download an app called Lua with no other information about it. It's apparently a text messaging app. There's no information about the app's permissions, what they want to use it for, etc. Also, my hotel has around 150 employees, and there's no information about who will have our cell phone numbers (ie, will they be visible to everyone with this app/is communication monitored). They have a training session for this app scheduled TBD, but within the next few weeks, and they want the app downloaded prior to the meeting.
The hotel does not provide us with cell phones, nor give us an allowance for them. I am very uncomfortable being asked to download an app on my personal phone that I know nothing about for no reason specified.
Has anyone else dealt with this? Does anyone know what this app is?
For now, I simply haven't downloaded the app nor have I answered the email or said anything to anyone. I'm planning on not doing so until someone asks me about it. I don't feel comfortable approaching my boss about this, due to other similar requests in the past ('mandatory' money requests for employees baby shower gifts, etc).
| You don't have to do it, but they can fire you for not doing so.Answer #2: This? https://getlua.com/
To be honest it seems absolutely bizarre that a hotel chain would want to use this. If they need to contact employees, regular phone calls, texts, or emails should be acceptable. This app is clearly designed for use in hospitals or health care organizations that must be HIPAA compliant. |
Car accident resulted in a total loss and I need some advice
| Hello,
I was involved in a car accident that resulted in a total loss of my truck in central Ohio about a month ago. The accident wasn’t my fault and the other driver was cited at the scene. She was driving a company car as well.
I had to file through my own insurance company because her company was dodging my calls and I needed to secure a rental. After three weeks of repairs and expecting to get my truck back this week, I was informed that it’s actually a total loss. My truck was six months old and I have gap coverage but because I rolled an old loan into my new one, I will still have a pretty substantial balance after insurance pays out and no car.
I’ve been told that I can bring a lawsuit against either the other driver or the company she was driving with but I don’t know anything about how to do it or whether or not I actually have a case. I’m also out the $2,000 I put down on my vehicle.
Does anyone have any advice as to what my next steps are or whether or not a lawsuit will actually make me whole? Obviously the best case scenario for me is for the old loan to be totally paid so that I can go and get another car without having to pay two auto loans. Any help or advice is greatly appreciated. Thank you
| A lawsuit for what? The loan balance you rolled over? That has nothing to do with this. The other driver doesn't owe you that under any circumstances. |
Are there any laws regarding restraining a strange child?
| I've had this come up at various jobs. So for example, in one case I was working as a janitor, and a small child (maybe 7 years old) is running around and climbing on various things that aren't particularly meant to support that much weight. There's no parent or guardian in sight, and the child isn't responding to verbal warnings.
Could someone still be sued for grabbing a child in this situation? And what would be the best way to go about dealing with the child?
| You risk being sued and even accused of child molestation by putting your hands on a strange child in this day and age, especially in a low-level job like janitor. Call your supervisor, find the kids' parents, or if it's a genuine emergency, call 911. |
My landlord installed a ramp and does not ice it (Western NY)
| So our downstairs neighbor is an older lady that has trouble walking. She had the landlord install a ramp to help her get up the stairs. The problem is he does not ice it. This being western New York it gets extremely slippery. Just today I went down it and could not even walk. It was a slide the whole way down. Getting back up it was worse. We have tried telling the landlord the thing is a deathtrap, but this does not seem to help. He'll ice it for a couple days then it goes back to the way it was before. Is there anybody I could contact about this?
Tl;DR: Landlord installed deathtrap of a ramp and won't salt it.
Topic:
Landlord Tenant Housing
| Presumably you mean deice it. Only an asshole, or a personal injury attorney, would ice a ramp. You could probably report this to whoever enforces building codes or local ordinances. If you want to be real nice, you could salt the ramp in the interim.Answer #2: Can I suggest that you de-ice the ramp in the interim? Regardless of liability, getting a bag of salt from Wegmans is a lot easier than dealing with an injury. |
Is it legal to steal divorce paperwork?
| my buddy went and payed for divorce paperwork, his soon to be ex wife stole it from his backpack while he was at work and refuses to return it, is that shit even legal?!
| Stealing is not legal, but paperwork is easily replaced and has basically no value. Your friend should get new paperwork.Answer #2: What did she steal? If it was blank forms for which he paid only a nominal sum, it's illegal, but not worth filing a report about. If she stole paperwork he'd had a lawyer prepare, he can get another copy from the lawyer. If it was a copy of filed paperwork, it was a pointless theft, as the courthouse has copies. |
(Australia) I am helping a friend get pregnant as a surrogate sperm doner who doesn't want later financial responsibility and wondering my legal issues around this
| Title says it mostly. I am a male helping a friend who is obviously female who wants a child to fall pregnant. She says as long as I am not on the birth certificate she can't do things like make me pay child support in the future and I am just wondering the validity of these claims and if it is possible to just never have to be legally responsible and what measures would we maybe have to do paperwork wise to ensure this.
​
Not looking for any judgement just legal advice please. Thank you !
| If you go through proper sperm donation processes and facilities, they will help with the legal paperwork.
If you do it "the old fashion way," You're a father not a donor.Answer #2: There are two ways this can happen:
1.) Under medical supervision at a hospital or clinic. This is the "sperm donor" option.
2.) Literally all other ways. This is the "Father" option.Answer #3: If your sperm gets in her any other way than through a hospital and Dr, then you would be the legal father and could be required to pay child support |
What happens when a witness on the stand contradicts their deposition?
| I'm in Illinois.
| Then they'll be confronted with that discrepancy by one side or the other to impeach their testimony and make them seem less credible.
If they purposely lied in either one, they could be charged with perjury. |
[Florida] Stepfather/widower failed to list daughters as heirs on probate filing
| The mom died in February 2014 without a will. The homesteaded house that was deeded only in her name has gone into foreclosure in January 2015 as the stepfather hasn't made a payment since May 2014.
When she died one daughter was still a minor. (I think this affects Homestead rights)
The children were served by process by the bank in the foreclosure action as defendants since they are heirs.
On August 6, 2015, the stepfather initiated probate and omitted the daughters as heirs on the two statements that he swore to.
As he's attempting to be the personal representative of the estate, what are the chances that the court will allow him if the court finds out that he lied to it by omission. Both daughters lived with him and mother for years.
The daughters are going to seek an attorney to help them with the probate and foreclosure so that they don't lose out on their half of the remaining equity of the house, which is currently over $200,000.
Any speculation of the court's action and advice is appreciated.
| You can challenge the probate. While every judge is different there is a very high probability that they would get adjustment to the estate if they were truly omitted. That's the reason why "cutting someone out of the will" is a worse idea that "leaving person X $1", which demonstrates that the person writing the will hasn't forgotten the person but simply doesn't what that person to receive anything significant. |
If a salesman or someone wouldnt let me close my door, aka had there foot in the doorway, am i aloud to slam it on their foot or would i get in trouble
| Been hearing about a guy in a rusty old truck going door to door selling steaks and sausage and i want to know what my rights are
| My life tip - if someone comes by trying to cold-sell meats, just tell them you're a vegetarian. That is usually the quickest way to get them to leave. |
Can I hold a company responsible for bat bites? CA
| So right before lockdown outside of a business in an urban area I was swooped by multiple bats. I let them know and they said that had gotten complaints before. During the first lift of lockdowns I went back and was harassed by bats again outside and I let them know. Tonight a what I assume was a rabid bat swooped me, I dodged and he the kept crashing into the wall. If I keep going back and am bit by a rabid bat can I have them pay for my rabies shots?
| If you got even a slight bat scratch, you should go to a hospital immediately. Rabies is 100% lethal without a vaccine.Answer #2: If you keep going to a place where you've encountered bats and get bitten by a bat, you are an idiot. Whether the business is in anyway responsible depends on where the bats are roosting. Why haven't you reported this to city authorities instead of looking for someone to blame? |
Squatters seeking ownership in Utah
| I'll keep this short, if you want/need more details please ask.
About 11 years ago some friends and I found an abandoned house boarded up. One morning we went and pulled all the boards off and started living there. We look into the property info, find out there are 2 years of unpaid property taxes and some fines associated with boarding and cleaning up the yard. Paid them off. Paid the property taxes every year since then. We seem to be well within the grounds for adverse possession. Found out today that the business that owned it has been defunct since the mid 90's. We were thinking about pursing an action to quiet title, but what does it mean when the entity that owned the property no longer exists? advice?
| The entity, during its dissolution, should have done something with all of its assets. It could have been bought out but failed to file paperwork on the house. Anyway, you need a lawyer to quiet title and sort that out for you.Answer #2: http://le.utah.gov/~code/TITLE78B/htm/78B02_020800.htm
You need a lawyer at this point, but from what you said you do have a good claim to take control over the deed through adverse possession. Go see a lawyer that focuses on real estate.
Be sure to update us!Answer #3: Get a lawyer to do a quite title action for you. It will probably cost a couple grand, but you will know it was handled correctly, and that is a small price to pay for a piece of land! |
I am 16 years old and a server at a restaurant. This month I was given my first paycheck and charged a tax amount of $90 out of $210 that I earned. I filled out my tax form as exempt-- what can I do to remedy the situation?
| So, as the title says, I have been serving at a restaurant in Indiana for a month now. My hourly wage is 2.50 plus tips and when I first started working my mom filled out the IRS form and exempted me from taxes because I don't pay taxes, do not have an income tax and will not pay taxes at the end of the year. I'm not sure if the restaurant erroneously charged me for Medicare, Social Security, Local and state taxes or if it is valid but I worked hard for the money I earned and $90 is a lot for a 16 year old like me. What should/ can I do to understand and possibly remedy the situation?
Topic:
Tax Law
| Social security and Medicare comes out of every dollar earned.
How much in tips did you claim? |
Sister given $2,000 for a car to start new job then her employer-to-be said she couldn't get the job and wants the money back
| My sister (sister-in-law) was hired as a nanny for a lady in California four months ago. She didn't have a car to commute to the home (where she would nanny) so the family said they would give her $2,000 for a down payment on a car instead of the regular signing bonus they give to nannies who sign the contract. She was supposed to start in four days.
The employer said she didn't want my sister to have the job because my sister couldn't work as long-term as the employer wanted. My sister agreed to one year, and if it was a good fit they'd discuss two years. The employer knew and still gave her the money. Just this afternoon she texted my sister in law and said that it won't work because it's not a long enough commitment and now wants the $2,000 back. Since it has been so long, my sister has already spent half of it on rent and other Living expenses because she has been unemployed while waiting for this job to start. And she got a car from her parents to borrow for a few months AFTER she started nannying, until she could save enough to buy one. (She didn't want to use the $2,000 as a down payment on something she wasn't even sure she could afford monthly until she had at least a couple months income to base her payments off of.)
Does my sister owe her the money back?
There is a handwritten contract that my sister has but I don't have access to that yet. We can get that verbiage posted here soon. I hope this made sense! Please ask for any clarification. Cheers!
| >Since it has been so long, my sister has already spent half of it on rent and other Living expenses
From what you write, the $2,000-00 was for a down payment on a CAR. If you sister had put it down on a car, she might have an argument but if she used it for rent and other expenses wholly unrelated to the job? Yeah she (might likely) owe the money back.
Subject to any written contract of course. |
Ordered a diamond engagement ring from Blue Nile and got this questionable email. Need some advice. Did I just got ripped off?
| [deleted]
| I don't believe a bait and switch is occurring here. If anything, Blue Nile is being very upfront. They could have chosen to not tell you about the issue, and unless you ever had the ring appraised you would be none the wiser.
Instead they let you know of the problem, assured you that they checked to make sure this was the correct diamond by ensuring the diamond's characteristics matched the GIA report, and are offering to re-inscribe the GIA number if you care.
If you are worried, you can take the ring to an independent jeweler/appraiser to see if the diamond matches the GIA report. |
[US] Fiancés permanent residency expires in 18 months. Should We Expedite Wedding
| [US] Fiancés green card expires in 18 months. He has been in the US since he was a baby. We plan to marry this year.
Should we file an extension now, or wait till after marriage.
Background:
Parents and half brother are US citizens
Served in Army
Multiple trips outside US
Finishing College
Has Misdemeanor
Any advice is appreciated!
Topic:
Immigration
| It's not clear why you think your marriage will affect anything.
He's a *permanent* resident. He should apply for a renewed card six months before his current one expires.
Why hasn't he applied or naturalization already? |
[CA] Landlord added a line on a lease without notifying the the tenants (us), what can we do?
| Hey there, sorry if there's poor formatting I'm on mobile. Canada Ontario.
My roommates and I signed a 1yr long lease for student housing. The landlord sent us a copy of the lease to review, which was reviewed and we all agreed upon.
Meeting up with the landlord, we signed the same lease, except there was 1 line added which demands that if all rooms in the house are not occupied, the remaining tenants must cover the cost of the unoccupied room(s).
We weren't notified of this change and did not find this a problem until we resigned the lease and are struggling to find replacement roommates. What can we do?
Thanks. :)
EDIT: Still looking for advice!
| First it is on you to review what you sign, he does not have to notify that something changed. Second, you are leasing the entire house it sounds like, not individual rooms each, so even without that additional line you would still be on the hook for the full rent if someone moved out, as you should be. |
Major cable company keeps blocking our driveway after years of complaints
| Location: Canada, Quebec.
In front of our driveway, on the other side of the street, there is a big cable box that a major company sends their techs to hook up new clients, do repairs, etc. and instead of parking on the street, or at another location, they park in our driveway, completely blocking us until someone honks at them to move. This is a very long driveway on a very long property, and there are several NO PARKING signs right on the edge of the driveway, which they all ignore and do it anyways. This happens at least once a month, and has been going on for years.
We've called up their corporate offices almost every time they've done it, and they assure us that it won't happen again, bla bla bla, we've even sent them a registered letter telling them to stop parking there, and then it happens again the month after.
My question is, what are we allowed to do to these people that keep parking on our driveway? Can we impound them? (We own a tow capable vehicle) Can we fine them for their repeated use of our private property? They keep throwing away their garbage on our front lawn, and we've photographed this and even shown it to corporate, and yet nothing happens.
We're tired of this bullshit and want to know if it's possible to do something about this.
edit: we've called the police and they don't seem to care because it's a civil matter.
edit 2: they're always cooperative when we honk at them to move, but it's the fact that they keep using our driveway in the first place that bothers us.
| You look into the requirements for having a private tow company removing the offending vehicles. Typically this involve signage.Answer #2: IF you have signage that states unauthorized vehicles will be towed, then go ahead and tow them. You probably don't want to do it yourself, because I suspect there are some rules and regulations surrounding storage of the vehicle.
You may consider contacting local tow companies and finding one that will tow unauthorized vehicles off your property. Basically, work out an agreement beforehand, so that when they show up again, you can get a tow truck (not yours, you want a licensed, bonded, experienced tow company to insulate you from liability) out there quick to hook them up and drag them away.
Chances are, the tow company won't actually be quick enough to get the van towed before the driver steps in, but at the very least, it will send a message that you're tired of this bullshit and that there will be consequences.
Answer #3: Put a sign that says your car will be booted, purchase a boot and when they do it boot the car, but also have on the sign a $500 removal fee.Answer #4: What did the police say when you called them?Answer #5: Amend the sign to say "CableCorp, this means you!"Answer #6: Get a gate. Answer #7: Is it possible that the homeowner could put up proper signage stating that there is a fee for parking,and then invoice the cable company when they ignore it? |
The auto body shop did the wrong paint job on our mustang - and our charging us 50% to redo the correct paint job! -southern CA
| My husband and I live in southern Ca and bought a mustang to restore. We took it to a nearby auto body store who could do the paint job and some minor outside body work. We received an estimate on the price. My husband gave them the color he wanted, but ended up changing the color three times until he settled on the paint job he wanted. However, by time he settled on his final color he wanted, they hadn't yet painted the car.
We got there and they paInted the car with the first color my husband said. We checked with the lady who works there and she confirmed that she had input into the computer his final color,
But obviously they never painted it that color.
The owners/manager said that he would need us to pay half of labor costs to do it again and we only said yes (nothing written) because it would be way too expensive to take it somewhere else and because we hasn't paid for the work (some
Outside cosmetic work) that was done recently. But I personally am SO ANGRY that we are paying for something they made a mistake about. The place is part of a national chain and starts with a M,
But they are independently owned.
Is there anything we can do without them deciding to just keep our car? We just left the car there to be repainted with the correct
Color, but are seriously pissed off.
| He went back and changed the color two times? Man, that's just asking for trouble.Answer #2: Do you have anything in writing agreeing on which color he finally landed on, given he had picked out 3 different ones? If not, I could see how easily confusion could arise here. Given all that I would have made sure I had everything in writing including the final color he settled on. Answer #3: >The owners/manager said that he would need us to pay half of labor costs to do it again and we only said yes
If you said yes, then you should abide by your word. You admit you agreed to it. Verbal contracts are still contracts.
That doesn't mean you cannot try and get them to change their mind. Answer #4: Can you get a print out of the work order from the person at the front desk? Or even take a picture of the computer screen with your phone.
Since you did not pay yet, I would demand my car back and go somewhere else to get the correct paint job.
If the computer had the correct color information and they just screwed up, asking for more money is not right.
But... if they can prove they already bought the paint before you changed it then you could lose in court. But if the paint is already in their normal stock then that argument wont work for them.
|
DSS took away my baby and I did NOTHING wrong?
| [deleted]
| Could this possibly be relevant to DSS taking your child?
>Suffering from severe depression and BPD. Not to mention crappy family issues. Cut myself , I have a few scars actually from the cuts. Even tried to overdose on medicine . I've been to the psych hospital 4 times now in the span of two years.Answer #2: To be quite frank, I don't think you're being very honest and upfront in your description of the situation here. One has to only look as far as your own post history to see plenty of reasons why this may have occurred. The help you need is well beyond the scope of this subreddit. Answer #3: Am I misunderstanding your post here? Your baby was taken away in **February** and you're just now getting around to doing something about it?Answer #4: You admitted to having multiple mental illnesses and have been in inpatient programs. It may be impossible for you to regain custody. A lawyer will be able to better estimate your chances
Answer #5: paging /u/Napalmenator |
Someone stole from me in (Reno, NV) and was caught on tape, they were convicted for the theft, how do I recover the money that was stolen?
| 6 months back I was in Reno for a concert. I dropped my wallet on the floor at a casino, the person who stole it was caught on tape taking the money and throwing the wallet in the trash (which was recovered and given back to me by security) they pleaded not guilty so there was a trial, I made the trip to Reno from Sacramento (2 hours) to be there and be sure that the guy was convicted. My question is at this point, am I supposed to go to Small Claims Court in Reno with the conviction to get my money back? How would i even prove how much money was in my wallet? There was almost $400 because a friend paid me back some money she owed before I left, I can definitely get an affidavit from her, but aside from my word / the thief's word, is there anything more I can do? Am I simply SOL on this because I have no concrete proof of the amount stolen? Thanks for any help.
| Yes, small claims court will be your recourse here.
Your testimony about the amount of money in your wallet is evidence. It would not be unusual for someone in a casino (or someone traveling out of town for a concert, even) to have $400 in cash on them- there is no reason to doubt that figure that I can see.
I don't see an argument of "I stole less money than that" getting very far in civil court. |
A friend of my girlfriend is dealing with an abusive ex and it seems to have taken an extreme, legal recourse. They work at the same company and he is seeking a mediation in order to get a restraining order.
| [deleted]
| That's a sticky situation all-around. Speaking to a lawyer would be good if she doesn't want to lose her job. Answer #2: Get a lawyer yesterday. She needs to have legal representation and someone who can help her negotiate this situation. HR has a duty to protect the company and *not* the employees.
It's strongly recommended your friend document everything she can. Keep all copies of texts, emails, phone calls. Have her family and friends and coworkers provide information if there's more, like receiving 'insane' calls. The better and more complete a log she gets, the more her lawyer can do with it. It sounds like this crazy ex wants her to be fired. |
My grandfather got scammed. What should we do?
| A brief backstory: 6 months ago i left North Carolina to live in New Mexico, to work a seasonal job. Yesterday i came home to my grandparents home. When i arrived i was shocked to hear that they lost 60 thousand dollars (that he borrowed from a bank by borrowing it on his house) to a scammer from Taylorsville pretending to be publishers clearing house. A week later the Taylorsville guy stopped calling him for money and then calls from Jamaica started coming in. And wanted more money. The new man started harassing him and threating his family.
Strangely i got a phone call from Jamaica a month ago with no knowledge about the situation. The phone call was breif and i didn't take the phone call serious. The guy asked if i knew who he was. I said no. He hung up. I didn't pay much attention to it much. Might be coincidence or he might have connected me to my grandfather. (Im on a separate phone line)
My grandparents notified the police and a investigation is in place.
Questions: Is it possible for him to get his money back?
Can the police actually track the man down?
Can they actually harm my family?
Can the bank foreclose on our house?
How can we stop the calls from coming in?
Sorry in advanced. This is my first Reddit post.
| Odds of the money coming back or the guy being found are minimal. Odds of your family being harmed are also minimal. That said if there is a bank loan and they don’t pay it, yes the bank can foreclose. You can ask the bank about modification of the loan, but don’t be shocked if they say no. |
Renting a room in a house. Landlord decided to take in 4 other people. Help? (Iowa)
| I am renting a room in a 4-bedroom house. It is owned by a single woman who rented out a bedroom to me to make some extra money. The 4 bedrooms consisted of my room, the landlord's room, her craft room and her workout equipment room. No other rooms were designated as "bedrooms" and I had no idea she planned to rent to others.
She told me 1 week ago that she was thinking about renting out to one other person and asked my opinion. I gave my opinion - that that is not what i expected when I signed my lease, as I was looking for something quiet and not a ton of roommates. She said she would not rent the other rooms out.
Yesterday she told me that purely out of curiosity she looked around anyway, and found two couples looking for rooms together. She couldn't pass up the income and rented each couple a room.
Now I am going to be sharing all the living space, kitchen, etc. among six people instead of 2. The house has one regular bathroom and one that just has a sink and toilet, so now six people are sharing one bathtub.
I explained to my landlord that this is not what I envisioned and I did not sign a lease expecting to have 5 roommates. I asked to be let out of my lease. She said no.
I signed a 1-year lease and it has 9 months left. Do I have any options? Or am i screwed?
Thanks.
| California landlord here. As others have pointed out the lease is always the first thing to check. However, one thing a lease cannot do is supercede law. If this is only a 4 bedroom house with 6 unrrlated occupants you need to check your local laws regarding zoning and maximum occupancy. It could very well be that the residence is not adequate to house that many people. Some areas limit it to Sq foot per person, or number of bedrooms per person. I have also seen place that put limits on the number of specifically unrelated adults sharing a home of any size.
Short answer, just because it isn't in your lease doesn't mean you are SOL. Check your local max occupancy laws under the houses zoning. If it is over the landlord will have to remedy. An easy remedy from a landlords pov would be to keep the 2 couples and let you leave with 30 days notice.Answer #2: Unless your lease specified that there would not be other roommates, there's not much you can do here. |
(WI) Left a job in a bad way, and now the CEO's coming to town
| [deleted]
| Be cool. Seriously.
He probably forgot you - depending the size of the company he might not have ever seen the email. If he remembers you, just be cool.
>So, my question is: what the heck do I do? I'm, of course, worried about being sued (I left without giving notice).
In the US you can't be sued for that. |
(Ontario) Ex threatened me to talk to him or else, now served with small claims
| My abusive ex and I broke up about a year ago. I moved from Ontario to Alberta to be with him. I am 19 he is 32. In that time, we lived together. He paid for the rent and most necessities, and never told me I was required to pay either. I also only had a job for part of the relationship.
We finally broke up around a year ago and I was harassed constantly for months and due to my own stupidity, got back with him for a few days. I paid for my own plane ticket, and met with him for two days. I paid for one day at a hotel, he paid the other. He paid for my return ticket. Never was anything ever discussed or signed that I was going to pay anything back.
Well, I cme to my senses about a month after this meet and broke up with him for good. Again, was bombarded with texts about how if I don't respond, there will be consequences, implying he will hurt my dog, spamming me, harassing family members, etc. Well, he finally stopped after I ignored him for a few months.
I received a small claims court paper in the mail today from his province, stating I owe him 5,000 dollars because he claims I promised to pay half the rent a month ($350), 1,000 dollars in the two days I visited him in the middle of our breakup saying he paid for tickets and hotel (I paid for half, he paid the other and none of this amounts to anything even close to 1,000 dollars, and a few other miscellaneous things.
Again, I have never signed anything stating I owe him money, will pay it back, etc.
I live in a different province, I am not prepared to go to the province for this. I am in school full time, and am a broke university student.
What do I do in this case? His claims are false and we live in different provinces
any advice is appreciated, I am clueless in this situation and was just happy to get away from him, now this.
TL;DR:
Older abusive ex from a different province filed small claims against me saying I owe 5,000 dollars after harassing me to answer him or else there "would be consequences". The claims are neither accurate, nor did I ever to agree to anything. What can I do?
| You were served, so at this point you need to show up and treat this seriously.
I suggest a consult with an attorney and see what you can do about the situation. |
How do we go about ensuring we receive custody of our friend's daughter if she dies?
| My fiancee's best friend decided that she wants us to take her child if she were to suddenly die. Only problem is that the father (deadbeat, asshole, etc.) is still around. We may be able to get him to give her full custody but we're not sure what steps would need to be taken to ensure that her daughter would end up with us instead of the father. We live in NorthEastern Pennsylvania and she is not married to the father.
| You probably can't do much of anything. If he wants custody of his children, he will get it. He has a right, regardless of what you or anyone else thinks of him, to parent his child for as long a 1- he's the legal father of the child and 2- he hasn't been declared unfit by a court. It takes a lot more than being an asshole to be declared an unfit parent. |
If you have "diplomatic immunity," are you technically allowed to commit any crime? Can police stop you are? Are they able to stop you but just not allowed to charge you? Like in any Lethal Weapon flick, if the bad guy is shooting up a mall, is the cop technically even allowed to stop him?
| They would be stopped and arrested. They would then disclose they have diplomatic immunity. The prosecutors would then contact the foreign country and notify them of the issue. Depending on the person and their role, the foreign country may wave the immunity and allow them to be prosecuted.
​
Example - Shooter in a mall - most countries would wave immunity and allow them to be prosecuted.
Shoplifting - they wouldn't wave immunity but the punishment from the home country would be more than the host country. Countries don't want their diplomats causing a stir and looking bad. |
|
I’m being sued because my rescue dog bit a child out of self defence, and it was entirely the child’s fault
| Hey guys.
I have a rescue dog named Gigo (Geejo). He is a basenji mix. I rescued him from a local SPCA with the warning that he is very friendly but he is wary around children. I don’t have kids, nor am I actively around them, so he’s perfect for me.
I have had Gigo for 2 years without any problems. I have seen him become afraid around kids, and he puts his tail between his legs and hides between mine. If a child comes up and touches him he shakes with fear but does nothing. I actively keep him away from children, and if a child is near me I tell them/the parent about my dog. I in no way invite children to pet my dog.
I was out walking him and I stopped at a crosswalk with a woman and her small child (Maybe 6?). The kid was looking at Gigo, so I spoke up and said, “Hey, just so you know, my dog is scared of kids.” The mother said Okay! And all was well, nothing bad happened. I held Gigo on the opposite side of me to keep him away from the child. He wasn’t scared of the kid because the kid was minding his own business at the time.
*Unfortunately*, she stopped watching her kid. The child left her side, walked behind me and Gigo, and surprised him from the side by grabbing his face HARD. Gigo bit his hand immediately and the child screamed and started bleeding. There are puncture wounds but no tearing as I remember.
Even though I had given a warning and she stopped watching her child, she is suing me for this.
How do I go about handling this? Am I still at fault? I gave her full warning and was unaware my dog would bite. She stopped watching her child around a dog that was POTENTIALLY aggressive, and he bit the kid.
I WANT TO REALLY PUSH THAT GIGO DID NOT ATTACK THE CHILD! THE CHILD SURPRISED HIM AND GRABBED HIS MUZZLE AND HE BIT OUT OF SELF DEFENCE! IN SIMILAR SITUATIONS IN THE PAST HE HAS INSTEAD HID BETWEEN MY LEGS!
I feel like this is not mine or Gigo’s fault, and I’m terrified he is going to be put down for this.
I’m working on hiring a lawyer, and in the meantime bought him a muzzle to try and help my case.
Topic:
Canada
| I’m a Certified Professional Dog Trainer in the U.S. I work with a lot of similar cases. I would contact a local Board Certified Veterinary Behaviorist, and begin working on a behavior plan to get ahead of the court. This can really work in your favor! Of course retain legal council and follow through with their recommendations. Good luck!Answer #2: Can you clarify about the suing part of this? Has she actually served you? If so, what is she suing for (i.e. what are her damages)?Answer #3: I know in Ontario you will most likely be found at fault since you were aware that your dog does not do well around children and still didn't have a muzzle on his snout. You HAVE to make sure your dog cannot bite other people. As much as you might want to blame the mother or the child for your dog biting I wouldn't suggest using that as your defense. You need to prove that you either a) didn't suspect your dog to bite and that is why you didn't have a muzzle on or b) that your dog didn't bite (which obviously he did).
I would suggest going to the court and being humble. I would be apologetic and say you will always from this point forward make sure your dog is muzzled and cannot bite children. You might want to push blame on the dog because the child grabbed him, but if the child was young no court will side with you.Answer #4: You walk an abused dog in public where its triggers may be....without a muzzle? I mean, it's not the dogs fault at all but common sense is sorta important here. |
My Dad passed away suddenly and the bank moved his money. (Maryland)
| Hey everyone,
My dad suddenly passed away recently and had no will. I am trying to taking care of all the financial stuff and thought I was doing well until I talked to the bank. I started to set up an estate with the register of wills, then went to the bank to get the amount in his accounts. I was given a bank slip which said he had about 7k in savings (only 2k was available) and 4.5k in checking. He had a remaining balance on a Visa, car loan, and another loan he had taken out. When I took this to the registers office, they had me claim there was about 11k in his estate (the car had no equity). We have spent about 9k on funeral/burial costs, which I was told would be available to use before any creditors came after the money.
The next day I went to the bank and they had drained all his accounts and put it towards his loans. I tried to talk to them, but they weren't willing to talk. i finally found out that somewhere in the bank agreements if he defaulted, including death (I assume), that they could take his money toward those loans. So now we are trying to sell the car, but it doesn't look like we're going to get enough for it. It only has 3k miles and is a 2016. All i want to do is pay for the funeral...
Anyway, the real question I have is if other creditors come after my dad because we had to post that he had estate money available, how are we suppose to deal with that? Just tell them the bank already took it? I am so lost and angry right now. I appreciate any and all help. I talked to a lawyer briefly, but they told me for the amount of money we were talking about, it wouldn't be worth hiring them.
| I'm sorry about your dad.
>if other creditors come after my dad because we had to post that he had estate money available, how are we suppose to deal with that? Just tell them the bank already took it?
Just tell them the estate is insolvent. There's nothing left. That's how it works -- if there isn't enough money left in the estate to pay all the debts of the person who died, then oh well, those debts do not get paid.
By the way, sometimes creditors (people your dad owed money to) lie to surviving family members and basically convince them that THEY have to pay the dead person's debts. And the thing is, if you agree to pay the dead person's debts, you might actually be on the hook -- not because you actually owed those debts, but because by agreeing to pay them, you suddenly have an oral contract that obligates you to pay them!
I mention this just by way of warning. DO NOT agree to pay any of your father's debts. DO NOT sign anything relating to your father's debts.
A few links:
Creditors scamming people - https://ceraresource.wordpress.com/2014/09/05/debt-collectors-target-survivors-of-deceased-debtors/
https://www.consumer.ftc.gov/articles/0081-debts-and-deceased-relativesAnswer #2: If your dad had other creditors **they** may have a claim against the funds the bank took.
Let them know.
**You** don't owe any of his debts. |
Boss taking money out of paycheck for not working the next day
| ​
This valet company I use to work at has a reputation for treating its employees horribly. But I decided to sign up to work for the saturday and sunday. Worked from 4:30am to 5:30pm, with no given lunch break. He barely had enough water to give to al 25 employee working that day in the 90 degree weather. Half of us were dehydrated because he didn't give us water and weren't allowed to leave for food. My friend and I decided to not work for sunday because of the conditions. We told him beforehand but he insisted that we have to work. He told me that he lost money because of the two of us not working. Half the employees called off next day as well.
He called and told me that I wasn't allowed to do that and I must work the day I signed up for. So he will be taking money out of my saturday work hours to compensate for the sunday that I did not attend. Is he legally allowed to take out of my paycheck from the saturday because of not working sunday?
| You have to be paid for the hours you worked. If you didn't work Sunday, he can't deduct it from Satuday's hours. He just doesn't have to pay you for Sunday. If he does deduct money, file a complaint with the Labor Department (state or federal). Needless to say, you should look for a new job because he will probably fire you if you do, and, even if he didn't, you want to work for someone honest.Answer #2: You can tip off OSHA for not having available water; drinkable water - and reasonable breaks for drinking water - must be provided on site. |
Work is trying to tell me, [23m] I need to cut my hair.
| I will preface this by saying I am a server at a corporate restaurant in New York. My hair is down a little past my shoulders and I have been wearing it in a bun, to keep it out of my face at work. I was told by my managers that I cannot wear it in a bun and that it needs to be shorter than my shoulders. In the employee handbook it says males hair must be above shoulder length and well kept and professional. My question is, isn't wearing it in a bun A) above my shoulders and B) well-kept (as compared to letting hang around, even if it's length is just above my shoulders)? Can they fire me over this? Because wearing it in a bun seems to meet the criteria in the handbook.
| One thing to notice: It says "above shoulder length" not "above shoulder". By putting it in a bun, you are not changing the length.Answer #2: While it's legally permissible to have separate dress codes for men and women, I'm a bit curious - do the have any prohibitions against women wearing buns?Answer #3: Unfortunately for you, in New York "I don't like his haircut" is a legal reason for firing somebody. There is no employment contract as in many other states, so it could be your hair, the color of your shirt, whatever. Answer #4: There's a reason you're asked to provide a location. In the US you could be fired over this. |
Landlord wants $2800 because we took down decorations and repainted walls back to original color
| Location is Philadelphia, PA. My wife and I rented a townhouse for two years. Per the lease, we could make changes to things like wall colors, as long as we restored everything to original before we vacated. My wife is a DIY queen (seriously. She can turn a pile of old wood into a gorgeous table. She's *good*) and did a lot of work getting the townhouse to look how she wanted. The landlord did comment on how great it looked, but never said to leave it or not undo it. Besides, unless it's in writing, we assumed we have to follow the lease.
We bought a house, so we took everything down and repainted the walls back to off-white when we moved out. The LL didn't show up for final walk-through twice, so we did it with her maintenance guy instead. He said nothing about the paint or décor, only mentioned the house looked good and he thought we'd get back our full deposit. Note the vinyl we took down couldn't be re-used, it was thrown out, so my wife had to remake anything for our new house.
A week later, wife gets an e-mail from LL berating her for changing the paint and taking down the vinyl decorations she put up. Confused, she responded: the lease clearly says we are responsible for restoring the property to its original condition on move-out. Absent a written agreement changing that, we followed the lease. LL responds back that she planned to keep the house as-is and now she has to pay to change it back again, since we had to throw the vinyl out, there's no reason we couldn't just leave it. Wife says sorry, just doing what the lease said to do. That's the last we heard of it, so we figured it was resolved and waited for the security deposit check.
This morning, we get a certified letter which we figure is the exposure. Nope, it's a demand letter demanding $2800 to "restore the property to its previous condition," claiming we reduced the property value by $5000 and she is "being generous" by asking for $2800. It doesn't say if this comes out of our $2200 deposit or if this is in addition to keeping the full deposit. I don't know where she's getting that number, we painted everything for maybe $300 (using good paint even) and she did the vinyl and stuff for less than $150, and there's no way that increased the property value by $5000. Besides that, we don't think it's our responsibility to magically know she wanted us to ignore the lease, nor should she benefit from my wife's hard work just because it was done while we were paying tenants.
We have until May 30 to pay the $2800 or risk going to court. LL can be crazy and we believe she really will try to sue us over this. Does she have a valid claim? If so, is it better to just pay the $2800 then risk it Would offering to redo it negate her claim, even though we can do it for under $500? What happens to our security deposit?
Topic:
Landlord Tenant Housing
| Tell her to leave you the hell alone and you will see her in court. She has no case. You did exactly right per your lease. Answer #2: Landlord is crazy
The lease is what will prevail
Sue for depositAnswer #3: Tell her for 2500 you will go back and upgrade the unit back to your wife's vision provided she send a nice letter saying how much she loves your wife's work and gives you good reviews on yelp since apparently this is a thing your wife should be doing. Answer #4: I think your landlord is an idiot and doesn't even understand the terms of their own lease. I would try to gently to explain that "original condition" means the condition of the home when you moved in, not the condition of the home while you occupied it.
But if that doesn't work, the other possibility is that they're going to try to claim the house was already decorated when you moved in. Make sure when you get to court, you clarify to the judge that your wife's decorations were NOT "the original condition". Hopefully you took photos of the house when you moved in so you can prove this. If you win make sure you ask for damages for the landlord trying to withhold your deposit. In my state if they do not return the deposit in 45 days, you can automatically recover the 3x the amount owed.Answer #5: I think everyone else has given good advice, but I would love to see pictures of the before/after paint job if you're willing to post. I love seeing stuff like that.Answer #6: Sue her for the deposit. She has no standing. |
What steps can I take to protect myself from lieing neighbor [USA][CA]
| [deleted]
| California landlord/tenant laws are very tenant-friendly. Your landlord can't just nullify your lease agreement because of a crazy neighbor, but you even say your landlord loves you.
She's bringing more harm upon herself by bothering the LL and calling the police over nothing.
Honest question - If your LL and those who know you know you aren't Russian (which, by the way, is not a crime), what harm is she actually causing to you? You can't be evicted based on perceived nationality. You won't be arrested because crazy neighbor harasses cops because she thinks you're Russian. It seems more like an annoyance at this time.
That being said, if you actually suffer and are damaged by her allegations, you can certainly sue to recover your damages. But it doesn't seem like you've been harmed. |
I caught a pedophile, can I get in trouble due to the circumstances in which I caught him?
| Hi, I’m an 18 yr old guy from Australia who posed on tinder as a 17 yr old girl in order to prove that another person is a pedophile. I have a wealth of information on him and evidence he is a pedo. However a few parts of evidence were lost when he deleted the conversation.
To get evidence he needed to be seen in real life, due to my personal life I chose to lure him to my school... at lunch time. Procedures were taken to ensure no other students were in harms way and everything went to plan, however no school staff were aware of what was taking place. The encounter went off pretty much as planned with the pedo hanging around outside the school gates for a few minutes before leaving and blocking my fake tinder account, so no harm came to anyone.
Also, in order to create the fake account I needed photos of a attractive woman, all of the photos I used were from Instagram models in their early 20s, they were all clean and not explicit at all. However I used photos from their Instagram accounts in my fake tinder account, without their direct permission.
TL/DR, if I hand over all my evidence to the Nsw police, can I get in trouble with the police for:
1. Luring a possible pedophile to my school gate during school hours.
2. Using photos of other people to pose as a different person online, without their direct consent.
| You're like an incompetent Batman who doesn't even know what the law actually is.Answer #2: Not in Australia, but this will almost certainly do the police no good at all.
Because you have no idea what the laws and rules are for collecting evidence, running an online undercover investigation, or doing any other of the things you did.
You're not Batman. Stop trying to be Batman before you get yourself or someone else hurt.
Let the police do police things. You do your not-police things.Answer #3: You should discuss this with an attorney before contacting the police. Probably much if not most of what you have done will be inadmissable as evidence of a crime. You need a hobby and you need to let the police handle investigations of criminal behavior.Answer #4: ?
Age of consent is 16 in Australia buddy. Stop trying to be an internet vigilante. |
My work isn't tipping me out my state minimum wage. Can someone explain if I'm being screwed?
| Ok so, I work in a restaurant as a busser. This past sunday I worked 6.78 hours and received $24.22, which is a measly $3.57 an hour. I thought that the employer has to tip you out at least the minimum wage of 8.10 regardless if customers actually tipped or not. I live in ohio and I've been reading through the tip-credit provision of the FLSA, and from my understanding is that they indeed do have to tip-out to the minimum wage.
| Typically the minimum wage for servers is calculated over the pay period, not by individual day. If you had other days where you exceeded the minimum wage during that week, it is possible that you met the minimum wage for the entire pay period.Answer #2: The calculation on minimum wage is generally done per pay period, not per day. And with the advent of credit cards, "tipping out" is generally done on a not-daily basis, as well.
Is this your first day with them? |
My Landlord is acting like we broke our lease.
| I’m sorry I ramble a bit. There’s a tldr at the bottom.
So I’m 23 and finishing up my last year of school, living in an apartment in town with some friends who are also students at my school. One of my apartment-mates will be moving in in the fall as school starts up and we had initially been hoping to sublet his room to our friend for the 2 months before he moves in. The landlords said no subletting so our apartment-mate has been paying his rent remotely.
My other apartment-mate, we’ll call him Luke, has a best friend who we’ll call Cade both who I also fairly close friends with. Luke works fairly irregular hours and Cade has been going through a rough patch and is unemployed and without a car. He caught a deal walking our friends dog daily around the corner from my apartment and borrows my car most days to facilitate that. He then waits at my apartment to give me my car back instead of driving across town to wait at his own house.
He also spends pretty much every evening with Luke. They’ll hang out late into the night with Cade leaving often around 3 or 4 am. He doesn’t sleep at my apartment (except for rare exception) nor does he keep clothing here.
Our landlords have cameras outside the building and have seen him coming and going. They are convinced he’s living with us and that we’re blatantly disobeying the lease by having him sublet. None of the other tenants or neighbors have complained about his presence.
I want to ensure I can live harmoniously with my roommates and my landlords and while I don’t think it’s a big deal that they may have to have Cade home and go to bed before four am (I go to bed around 10:30 pm so I don’t care if they can’t stay up) they seem fairly pissed about it.
What’s move here? We aren’t breaking the lease but our landlord has not outright said she will be sending the constable to “kick him out,” it doesn’t sound like it’s out of her realm of possibility and no matter what we say or how calmly we respond, they fly in like we’re trying to pull one over on them.
TLDR: My roommates best friend is at the apartment too much according to our landlords. Landlords getting angry and threaten sending in the constable when we aren’t breaking our lease. How do we proceed?
| The burden of proof is on him. Although it would seem suspicious with how he is coming and going, but if the landlord checked the apartment none of his belongings would be there. Your story seems very reasonable. |
[TX] detaining a minor without informing legal guardian
| My 14 year old brother has just returned home from school after being detained for three hours at school. Someone had given an anonymous tip to the administration insinuating that my brother made threats of shooting up the school.
He was taken into a room and berated by two police officers and three administrators, first saying that he was required to submit to a search, which he did, and second demanding to open his phone to search it. My brother refused the phone search, as he had not been informed of the nature of the investigation. They then told him that he was impeding an investigation of a terroristic threat, and that he was required to open his phone. My brother then told them that he would, as long as he was able to call our mother. They refused and continued to strong him into opening his phone, and he finally gave in. They told my brother that he was reported to make a threat yesterday, and early in the morning today. My brother then told them to check the cameras, and it showed my brother arriving to school right at the time of the bell ringing, two hours after he was said to have “threatened” the tipper.
After three hours they finally released him back into school, and confiscated his phone so he “couldn’t make any more threats”. He was sent home without a letter explaining the situation. He was sent home, on the school bus, to tell my mother all this on his own. What can we do?
| As absurd as is sounds (and probably is) police can legally detain your brother without contacting your parents and lie to him about him being required to open his phone.
For future reference, your brother should simply not talk to them at all, other than to confirm his identity and tell them he won't talk to them without a lawyer. It's not a good idea for a 14 to try to clear his name. Answer #2: You parents should immediately contact the school and have a meeting with the principal. What the police did was legal.
Your brother had every right to refuse to speak to the police, and to refuse to allow the search of his phone. He should have said "I want to talk to my parents, I want to speak to my parents, i will only speak to my parents..." That is all he should have said.
Now that it has been determined that your brother **was not involved**, a formal investigation needs to be conducted to find out why someone said he was.
**Was this a case of mistaken identity?** If so, someone else may actually be preparing to harm the school.
**Was this was a prank?** If so, then someone needs to be disciplined to learn that this is not acceptable behavior.
The school knows who reported the incident. Your parents should push to see what happens next.Answer #3: It is my understanding that the police doesn't have to obtain consent from guardians to question minors, but that as soon as they request a guardian they should stop the interview until one is present.
I'm not sure if that's policy or actual law though.
I personally would contact an actual attorney, and get your brother to write down what details he remembers, just in case. |
disability???
| i’m not sure if this is the right place to post this but i’ve been wondering about this for a while.
so i’m a 20yo female and i’ve been battling ptsd since i was13. it stems from childhood abuse and recent physical and emotional trauma. it has gotten so bad recently that i can’t leave my apt unless i am with my mom or boyfriend. i have been going to therapy for years and it doesn’t help. i’m absolutely terrified of going out in public, i can’t talk to people that well, and i only sleep about 3 hours a night because of nightmares. money has been really tight recently and i have been selling some of my old belongings online but of course that doesn’t cover all of the bills. i have always been embarrassed to go on disability because i know the stigma is that everyone on assistance is lazy. but now i really don’t have many options. if i go on disability does anyone know if you should get a lawyer before ? if that helps in any way? i also read online that you only get about 300$ a month for ptsd disability if it’s not from the army/navy/etc. is anyone educated in this area enough to give some legitimate advice?- usa(if that helps?)
| You're going to have an uphill battle getting disability. PTSD is a treatable mental health condition. It's not like a permanent physical condition. Given your age, you may have issues with [work credits](https://www.disability-benefits-help.org/glossary/work-credits). Also, disability isn't a quick process. If you're depending on it to pay your bills, you'll more likely be evicted before you get a determination. Nearly 75% of all disability applicants are denied on the first attempt.
Apply, but I really suggest you try to find some professional help to cope with your PTSD. I'd also suggest you search for jobs that allow you to work from home.
Edit: Additionally, a lawyer may be able to help you fill out the forms to be the most effective attempt but they can't really do much at this point. Where they come in is once you've been denied, they represent you in the appeal. |
Car dealership ripped up paperwork.
| (Virginia) My friend was in the final stages of purchasing a used vehicle at a large dealership. Finance person ripped up her paperwork and purchase contract. Finance person wanted to keep her trade in before they gave her the new car that would be ready in 2 days. She needed to keep her trade in for work until her new car was ready. Finance person proceeds to curse and yell at the salesperson in front of my friend. My friend was very nervous and said she didn't think it is appropriate for her to hear this conversation. Finance guys says to her. "You don't like it, go somewhere else." As he ripped up the contract. Is it legal to rip up a signed contract?
| Why did the finance person have any involvement in anything other than financing? Answer #2: Tell her she needs to take his advice and go somewhere else. If she feels intimidated and scared - this was a smart thing to have happen to her. The dude played his hand and showed that he wants to intimidate, scare, and force people to do what he wants.
Your friend needs to remember. She is giving him money. SHE HOLDS THE CARDS. The car seller needs to jump for the carrot SHE is dangling. This dude was trying to take the carrot by punching her and running with it - which is not ok. Taking her business elsewhere is the best response.
Source: Automechanic's daughter, car salesman's niece, bought cars on my own with NO help from anyone. And yes I know, salesman/finance people do have rules they have to play by, she can't expect the moon here, but she needs to feel in charge here and the people should be very open and honest with her. |
Previous employer lists me and other former employees as still employed
| So interested to see if there is something going on. My employer in San Francisco laid off a ton of staff about three months ago and they still show me and a few of my friends as employed. I know this since I checked with Fidelity. They are now not returning my calls.
Is there something fishy going on here?
Thank you all!
| How do they "show" you as employed? |
Husband is trying to find his abused wife.
| [Fl, USA]
Husband kicked his wife (my cousin) out 3 months ago. They have 3 kids together and he's been abusing her and humiliating her through out the 10 year marriage but no one knew it was going on. After he kicked her out and poured a bucket of toilet water on her in the cold and told her to get lost and that she was nothing but a bitch, she finally contacted me. She was hesitant in contacting me because she didn't want me knowing and is scared of him, but she didn't know what else to do. When I asked her why she didn't call the cops, she looked at me scared and said that he would kill her if she did. She was frightened of him and didn't know what to do. I took her to a battered women's shelter and tried to get her some help and they did help, she found a job, an apartment, and she's slowly getting back on her feet because she's from another country and he took her identification papers from her and hid them but she can't prove that he took the papers because he denied taking them to prevent her from getting on her feet. She has been hiding for the last 3 months from him and she's working on getting her kids back, but she hasn't seen her kids in a long time and misses them. He uses the kids against her and manipulates them by saying that she left them and she doesn't want to see them so that's why she doesn't want to come back. She used to call him to talk to the kids but he wouldn't let her unless she teld him where's she was staying, so she can't talk to them. He some how got my phone number and tried to paint her in a bad pciture by telling me she was crazy and showed me a picture of her in jail and said she was problematic and that he was trying to find her because he wanted to help her. It almost got to me but I couldn't respond because I was working and after I didn't respond he snapped on me and told me that he would find me as well and he started harassing me afterwards by calling my phone a billion times and texting me these weird threats. Recently he got on facebook and posted naked pictures of her to the family and everyone of her friends and told us we were history because we were hiding her, but he did this under a fake account. He knows how to manipulate people. He has no shame and will contact anyone to give her up. His lease was up recently so we think he's living with his mother but we're not sure. What do I do to help her get her kids back? What can she do? Someone please help! I talk to her everytime and tell her that none of this is her fault but I have a feeling she's gonna go back to him just so he'll stop messing with the family.
| In addition to contacting a domestic abuse shelter for help (even if she doesn't need shelter at the moment, they should have plenty of other services to help her, including legal help), *everyone* he's contacting should save and/or keep a log of what he sends them, when he's sending it, etc. She'll be able to use all of that to show just how badly he's treating her and what he's trying to do.
I know it'll be a difficult fight, and it's understandable if she feels like she needs to go back just to stop him, but please assure her that there are people out there that will help her fight against him and protect her. |
Mom fell victim to a scam, is there any legal action we can take?
| [deleted]
| Will it effect some retirement years day the road? Shouldn't. She should check with her bankruptcy attorney, if that route is needed.
Can you do anything to get the money back/get the scammer? Unlikely. They are likely in a foreign country and the money was likely sent through other people who were scammed |
Fired unjustly from my job, and I know that the employer's payment method is illegal.
| For context, I (19/M if it matters) was recently fired from a job at an independently owned coffee shop in North Carolina. My employer fired me after I confronted him about my first paycheck being short by $56. He is paying all his employees in cash, and never had any of us fill out any paperwork to document our employment to him.
He went so far as to taunt me by saying "If you have a problem with this, call an attorney." Now, I'm broke and attorneys are expensive, but I want to expose the owner for his shady practice. I've heard that I could file with the IRS or the BBB, but I have no idea where to start, and have no documentation of my employment. I *do* however have written notes that I kept of what days/hours I worked and how much I made in tips for each day, as well as the "paycheck" where he shorted me.
Overall I know I have options, but need help figuring out where to start.
| Department of Labor for the wages.
IRS to report your income properly.
USCIS would be interested in an employer hiring people and not doing I-9s. |
[CA] Accidentally parked without a permit at my community college and came back to find a ticket, but they got my make/model wrong.
| I'll pay it if I have to, I was just curious if there's anyway they can enforce it if they got the make and model wrong on the ticket, while only being a community college, not a state. (I've heard of state colleges forwarding their tickets to the police, but I really have no knowledge about any of this)
| [Please see the sidebar and the wiki.](https://www.reddit.com/r/legaladvice/wiki/index)
Clerical errors will not get you out of tickets/citation. Yes they can still enforce it. |
Terminal cancer, abuse of POA?
| Hey everyone and thanks for hopefully helping me!
My dad has terminal lung cancer and has been sick for the last year and a half. He just turned 63 and this all came out of no where. At the time he set up his will and a trust for our family farm. Last year he gave his wife POA. We just found out that, three weeks ago she used the POA to transfer our family farm in Ohio (that we have had for over 150 years) into her name from the trust that my dad set up. It may also be important to note that she is 32 and has never held down a job in her life. He has supported her over the last decade.
My dad has been adamant that it was to stay in the family and that blood is everything.
What recourse do we have? Dad is still fully competent, it’s just difficult for him to get out of the house due to oxygen.
| Contact the social workers where he is getting treatment - unfortunately, they have a lot of experience helping out with things like this when families start taking advantage of patients.
Also - given his age, this may fall under elder abuse: [you can report here](http://ohiohopes.org/elder-abuse/reporting-and-how-to-report/)Answer #2: Reach out to an elder law attorney ASAP. Also what state are you in? Is your father aware of the land transfer? You'll want to get some legal proceedings ready to go if he was not aware. You want to revoke POA, then get a judge to slap an injunction on any transfer of that land until it gets transferred back to the trust. Wife/step-mom sounds like she breached fiduciary duties of POA and created a conflict of interest. People should not be getting POA and transferring property to themselves in secret.Answer #3: POA is revokable at any time by the person who issued it. If he didn’t want her to do this he can revoke it and reverse it. You said he’s competent. What does he CURRENTLY say. Unless he wants to change this you have no recourse |
My (18F) mom (46F) refuses to send me my social security card
| So I’m 18 and moved out of my moms house about a year ago and Into my dad’s. My mom is incredibly abusive and manipulative.
A few months ago I made the decision to join the Marine Corps but I need my social security card before I ship. I’ve tried just ordering a new one but I need her social security number as well for the forms and I don’t know it. She won’t give it to me either.
She won’t mail me my original social security card that she took from me when I was moving out(I was 17 at the time)unless I contact her directly instead of through my dad.
I can’t handle speaking to her again and I don’t want to. She’s holding it over my head as a way to get me to give in. Is there any legal action I can take? I’m 18, still with my dad, but I live in Cali and she lives in Virginia.
Please help
Topic:
Other Civil Matters
| You don't need her social security number. You need proof of your age and proof of your identity. Who told you you needed her social security number?Answer #2: If you're 18, not requesting any changes, and have a valid state ID, [you should be able to simply request one from Social Security.](https://www.ssa.gov/myaccount/replacement-card.html) You don't need your mothers SSN to do so. |