Title: Missed Dr Appt

Question:
Hey. So i live in PA and i see a certain doctor every three months. My most recent appt was scheduled for May, but i had an emergency incident and went in April. I figured I would have to schedule my next appt three months from then but I had to run and could not wait in a queue to talk to reception. I didn't schedule my next appt but when my May appt rolled around (which I assumed was canceled as it would have been excessive to see my doctor again in such a short period of time) I received a debit from my checking account for $120 (!)

I called the billing department and they explained to me that's the fee for a missed appt. I told them my story and they weren't having it. They said it was my responsibility to cancel the appt. I guess the backstory is only for context but i was wondering, if I was never told about or signed paperwork explaining this fee can they charge this ridiculous amount to me? Thanks.

Answer:
 That is 100% your responsibility.  They can refuse to see you until you pay this.Answer #2: >which I assumed was canceled

Found the problemAnswer #3: Did you fill out some intake forms the first time you visited the Dr? You can ask for a copy of these. They likely state the policies you agreed to by visiting this Dr, including this cancellation fee policy. If it's not there, maybe you can discuss with the billing department for a one-time forgiveness.


Title: my bf got assaulted while we were moving out after roommates say they are "holding onto his tv as collateral" until we pay utilities, what can we do?

Question:
Hi legaladvice, hopefully someone can shed some light on this situation. Sorry for the length in advance. This takes place in California.

So here's some back story: I moved into my bf's place Nov 1st. He was subletting a room in a house. I wasn't working at the time and was always there anyway so it worked out. He had 3 roommates (a couple and their friend who lived in the garage). I'll call them girl 1, guy 1, & guy 2. Basically, things were...okay. I got along with everyone but my bf couldn't stand them. The place was filthy, it smelled (they had 2 dogs and a cat), a bunch of doors were broken, the washer ended up breaking due to their carelessness, they'd yell at each other across the house, bathroom sink didn't work for weeks after guy 1 tried to fix it, kitchen was always piled with dirty dishes that most times we'd just order out, etc. It never felt like roommates, it felt like we were strangers in their nasty home and pretty much stayed in my bfs room at all times, only leaving to use the bathroom. They had no regard to our comfortability at all. However, our plan was to move out as soon as I started working again so we just.. adapted. It was hard for me to find a job due to the industry I work in getting really slow around the holidays and also me flying back east twice for multiple weeks. But as soon as the holidays were over I got a job in January. Right away we started looking at places and saving up. We found a spot in Feb and were gonna move in by March.

The days leading up to the big move girl 1 started texting us saying we owed them money for utilities, dating back to November. Before I moved in, my bf would Venmo her whatever amount she requested no questions asked. Once I got there I shut that down & would always ask to see a physical copy of the bill so I could see what exactly I was paying for. It was always really odd that she'd ask us for the bill money super late, like 2 months after it was due. One red flag. Another weird thing was the the bills for Dec & January nearly tripled. Now I do understand that in the winter it gets more expensive but this was insane, especially with me & girl 1 both being gone for half the month in Dec. My bf thought maybe it was because the TV he lent them in the living room stayed on nonstop. This TV belongs to my bf but he let them use it because he had 2. Or, maybe since guy 2 lived in the GARAGE in the dead of winter, all the heaters he had plugged in were making the bill increase tremendously.

In response to her texts I asked if my bf would be getting his deposit back. No questions asked she took $200 of the total. Another red flag. She didn't inspect the room or anything. A day or 2 later is the big move. Me and my bf meet up at the new spot to sign the lease & grab the keys. After we get them, we will meet at old spot to finish moving out. During that time I receive another text from girl 1 saying she wanted to touch base about the utilities. I told her she'd get them for sure but today wasn't good as we were in the middle of moving. Not to mention, she sprung this on us a few days ago but in the past she wouldn't mention utilities for months. You can't just withhold the bills for months, spring them on us suddenly, and demand to be paid the next day. I thought that was ridiculous, but the next text is what really blew my mind. She said that she totally trusts me but doesn't trust that my bf will pay. She then says her bf, guy 1, doesn't trust him at all and wants to hold MY BF's TV as "collateral" until they get the money. That's not collateral, that's stealing!  The TV doesn't belong to them. I couldn't believe my eyes when I read that but didn't respond. We were headed back to that house anyway to get the rest of our stuff so I figured we'd talk about it later. I show my bf the text, he gets pissed, and we both head to the place in separate cars. I stop to get us food on the way. What happens next I didn't expect at all. This all happens while I'm gone of course. Basically, my bf walks in and the TV is gone. Girl 1 and guy 2 are on the couch. My bf asks where it is and girl 1 says guy 1 took it to work with him until we pay. They start going back and forth and guy 2 gets up. Apparently my bf and guy 2 start "fighting" and while this happens girl 1 grabs a water canteen with water in it, and slams it on my bfs head several times while his back is turned. After he manages to break free she then goes to the kitchen, grabs a knife and says to get the fuck out and then starts saying "who are you?" "why are you in my house?" The whole thing is insane. When I pull up my bf is on the phone w 911 with blood covering the back of his neck and shirt. I jump out of my car and to run in the house to grab a towel for his bleeding head. The door was locked. After banging several times, girl 1 opens it, tries to make small talk w me and shows me her TOE to show how hurt she is. It's bizarre. The door to the bathroom is locked, which has NEVER been locked. Another red flag. I end up grabbing a rag from the kitchen. The police come, the old roommates get handcuffed and she gets charged with assault w/ a deadly weapon. We go to the hospital in an ambulance & my bf gets staples in his head. The cop/detective guy at the hospital says theres nothing that can be done about the TV since it's considered property but asks if my bf wants to charge her. He also says they sound like heroin addicts and suddenly everything clicks. He then tells us girl 1 has been charged with a similar offense in the past but they were dropped.

So now what? We still haven't heard anything back yet. This incident happened a little over 3 weeks ago but we want to be prepared. Is there anything else we can do that would help our case? I have screen shots of all the texts & pics of the "bills". We also found out that the sublease was never approved so essentially at any point we could've been fucked. After going through all of that, we had still ha to move out (this time with a police escort) the same night. There several more minor details that proves how terrible these people are. Any suggestions would be greatly appreciated. Thanks again!

&#x200B;

TLDR; In the middle of signing a new lease w/ my bf, I receive a text from our old roommates (1 girl 1 guys) saying they are going to hold my boyfriends TV as "collateral" until we pay utilities we were informed about a few days ago. When my bf arrives at the house before me, the tv is gone and a fight breaks out between him and one of the male roommates. During that, the female roommate bashes my bf on the head several times with a metal water bottle and then chases him with a knife. When I arrive he's bleeding out and the roommates are totally calm. He gets taken to hospital in ambulance and she gets charged w assault w/ a deadly weapon. We also find out the lease was fake. What are our options?

Answer: Sue them for the cost of the TV, in its current used condition (eBay price). If he has medical bills his insurance doesn't cover, he can sue her for that too. If he owes the utilities, he should pay the utilities.


Title: Private School controlling public parking

Question:
So I attend a private High-School in California. They have designated 3 separate streets as Senior, Junior, and Sophomore parking, all of which are public streets. Myself and a few other classmates parked on the street designated as "Senior parking" we come out to letters on our windshields from the vice principal stating: "This is a warning, please do not park in senior parking anymore. Park in your assigned parking". Can a school legally do this? Where my assigned parking is, it is very inconvenient and time consuming to get into the building if I am running a tad bit late and would like not to be marked tardy.
Topic:
Traffic and Parking

Answer:
 You probably agreed to it in some way by being a student of the school. You can try to push the issue to see how far the school will take it but in general, they have more ways to inconvenience you than a slightly longer walk.

Get to school earlier or be marked tardy.


Title: Is there a way to combat Police Officers lying on reports to make it seem like they had reasonable suspicion or probable cause?

Question:
I go to college in a small town. Now people generally don't talk about their arrest records in common parlance but I've heard two instances from separate people about how when they were arrested the police lied on reports. Neither of the people claimed to be innocent of the crime they were charged with. In one case the police claimed cause to search a persons car because they claimed they saw the person sprint from their car into a house when he/she had actually walked.

&#x200B;

What's the protocol in cases like this? If challenged do the police not need to provide proof of probable cause?

Answer:
 You can bring your concerns to the supervisor at the station if felt something was wrong.

99.2% of cops aren't out to bust people for no reason and lie to get there. It's not the movies where they are planting evidence everywhere.


Title: The toilet for the male students at my school is locked during class, the female toilets arent.

Question:
I'm not sure if this is the right place for this, so if there is a better place, point me in the right direction.

I attend a secondary school (highschool pretty much) in Ireland. Recently the toilets that are meant for male students have been locked during class.

The way a day works is there are 3 classes (40 mins each), then a quick break, then 3 more classes, then a longer break and finally 3 more classes. The toilets are unlocked during the breaks.

I recently found out that the toilets meant for the female students aren't locked during class. The female students are almost always given permission to go to the toilet during class.

The male students aren't allowed to the toilet during class because the toilets are locked. I overheard the vice principle saying that if you have a note from a doctor saying that you have some sort of medical issue,you can go to the toilet. But this is some really flawed logic. Where am I supposed to go if the toilets are still locked?

 I can give more details if I missed out on something.

Answer:
 A nearby tree or VP's coffee cup, whichever is more convenient.

Sorry man, not a lawyer, let alone a Irish one. Is there any particular reason why they are doing it? Safety or drug related?

Worst case see if the local agency that runs the school's (here there are school districts that manage all the schools in the area) that can get involved.Answer #2: Not really legal advice, but more practical advice. You said in other comments that you regularly get bad diarhea.

If you need to go, just go, use any bathroom you can find. If they try to stop, or do stop you, they will have to clean that up, and deal with your (hopefully) pissed off parents.

Also, tell your parents about this.Answer #3: >Where am I supposed to go if the toilets are still locked?

This is not legal advice, but I would go to whichever toilets are unlocked.

This being said, /r/LegalAdviceUK may be a better forum for your question.Answer #4: In the US I've seen this a couple times as a student and as a teacher. It always goes the same. Students are bad in restroom, adminstrator locks it, administrator fights about his right to lock it, restroom is unlocked.


Title: Falsely accused of arson, but not convinced (at least yet).

Question:
So, somewhat recently, I was exploring what i thought was a fully abandoned building that had no owner. My friends and I were planing on using that place to make napalm (chill out it doesn't ignite upon creation, and it is legal to make and have as far as I know.) We brought about 1/4 gallon of gas to mix with Styrofoam. I walked outside at the exact time that a police car drove by. Long story short, They are trying to accuse me of attempted arson, attempted arson with an incendiary device, and criminal trespassing. I completely understand the trespassing part, because as it turns out, the factory did have an owner. Some things to know are: I am 17 (juvenile), It took place in PA, They are trying to say that i was trying to burn it down, the building is concrete, They say there was gas all over the floor (I'm pretty sure that was water or some other moldy building liquid), and we did not have anything to light a fire. Is there anything I should be worried about. I am still in high school, am concerned about my grades dropping due to being out of school for so long.
Edit: spelling error (buy into by)

Answer:
 >  I was exploring what i thought was a fully abandoned building that had no owner

That's not a thing.

>  (chill out it doesn't ignite upon creation, and it is legal to make and have as far as I know.)

And this is the first of many reasons we're going to assume you're an idiot.

> Is there anything I should be worried about.

Whether or not we have flying cars when you get out of prison.

Shut up, get off reddit, get to your parents, and get a goddamn criminal defense attorney. Answer #2: >Is there anything I should be worried about.

Yes. You should be very worried about having a serious criminal record and having to get your GED from prison.

You need to get a criminal defence lawyer like today. Answer #3: > Is there anything I should be worried about.

Yes.  How to submit your post for the Reddit Understatement of the Year Award.
Answer #4: Why did you need napalm in the first place lmao


Title: 18 year old senior in private christian school, can I be expelled/suspended for refusing to pledge to a christian flag and bible?

Question:
So like the title says I am a 18 year old senior and I transferred into my current school last year. My school pledges to three things every morning: the American flag, the christian flag, and a pledge to the Bible. I however am not a christian or believe in the Bible and do not pledge to those two. I do stand and face the flag as a minimum sign of respect for those around me though. I have been doing this since I first arrived at the school one and a half years ago and have not had any real issues.
Then about two weeks ago a sub/IT guy was in the room when the pledges came on and he demanded that i pledge, but i responded no every time he asked. He eventually decided to send me to the office and I was directed to the principals assistant who didn't really know what to do with the situation but had to wait to give it to the principal to handle because he was away on a trip.
That was two weeks ago more or less and he apparently waited a day or two praying on the issue. Then comes today when i get called down to his office. He then brings up the issue on about me not pledging two weeks ago. I try to explain my part of it on why i dont pledge and that i have been doing this since i got there and people already knew what i was doing including teachers and some staff and they were fine with it and understood. But later my principal stated indirectly that if i don't pledge i will be removed from the school, because i don't "conform with the school ideals" and that because i am in a private school i have to conform becasue i "wavered my rights away."
Are my rights being violated? Did i lose my first amendment right? Is there any legal action i can take if i do get expelled or suspended?

I live in south florida

Answer: Your first amendment rights apply to your own private speech and the actions the federal government can take to restrict them. A private school is privately owned and operated. Comply with their rules.


Title: Got fired from a company I own

Question:
So story is I have worked for this company 2 years and today I got terminated. I have stock in this company 12% (1200 of 10000), how do I handle this technical I am still of the board but no longer an employee. Does this entitle me to the profits or am I shut out of luck? Should I sell my stock back to them, they kinda fucked me over what do I do? Help please!

http://www.reddit.com/r/ask/comments/3kzx1e/got_fired_from_a_company_i_own/

Answer:
 Yes, your 12% stake in the ownership of the company entitles you to 12% of the dividends paid out by the company to its owners. That doesn't mean that you own the 12% of the assets and you cannot go after retained earnings, but you are still a part owner. You were just removed from an executive position, the role of the board is to provide oversight and direction to the executives and remove them if they aren't performing.

Still, read the articles of incorporation and all the contracts. If you feel as though what happened is completely unfair then you can pay a lawyer to go over the agreements with you so that you have a much stronger understanding of what happened and why.

As far as selling your stock, well that depends. Do you think that the company will do well in the future? If so, hold on to the shares even if they aren't paying out dividends. Do you think that the company will now tank? If so, sell out now while you can still get some money for it.

Either way, I would suggest that you start looking for a new job or start a new business. It's probably not a good idea to try to get back to where you were, simply because that fight will damage the business in such a way that even a win wouldn't really be a win.Answer #2: What kind of structure is it,
What kind of ownership/stocks is it?

Read the operating agreement (if it was an LLC which may stipulate how payout is done.)

Go talk with HR and also with a lawyer if you feel you are being screwed in any manner.

Also read your employment contract.


Title: I tried to commit suicide last week and the hospital I was at filed a petition to have me involuntarily committed to a psychiatric hospital. I ended up going home instead (cleared by the physciatrist), could I have that petition sealed or destroyed?

Question: [deleted]

Answer:
 Filed where?

If it was in court, it may be public information and the court is not subject to HIPAA.


Title: Tesla Refund

Question:
 I purchased a Tesla Model 3 Performance near the end of September 2018. Because of when I ordered the car, I received Free Unlimited Supercharging as an incentive. There was a $5K option I did not purchase called “Performance Upgrade Package”. Less than a month after purchase, Tesla started to include the Performance Upgrade Package as a standard option for the Model 3 Performance but no longer included Free Unlimited Supercharging. Within a day, through Twitter Elon Musk offered buyers who had purchased the Performance Upgrade Package an option to return their option for Free Unlimited Supercharging and get a $5K refund from Tesla. Elon Musk also tweeted that the price of the Performance Model 3 was “Not going back up. Will just offer those who ordered bough 3P either $5k back or free lifetime Supercharging.” This version of the tweet does not indicate that the purchase of the Performance Upgrade Package was required. I have contacted Tesla and requested to be added to the list of owners who are requesting return of Free Unlimited Supercharging and receive the $5K refund. Tesla has stated in email response that no owner of the Model 3 performance without the Performance Upgrade Package will be offered the refund option and their stance is firm that this refund is not available.

Tesla’s written position is not the same as the tweet from Elon Musk. Is there a legal case against Tesla to uphold the tweet sent from Elon Musk to return Free Unlimited Supercharging and obtain a $5K refund?

Answer:
 No, not in the slightest. The tweet isn’t the full terms and conditions of the offer.  Moreover your request would result in a windfall to you, windfalls are not generally permitted in contrast law.

* Contract law - fucking autocorrect


Title: I was wondering how long this would take: a recruiter in CA called me about a position, and asked me my current salary information.

Question:
As of January 1, that's apparently against the law.  It's a misdemeanor, but as the person on the other side of this, it's not clear to me that there's a remedy for this that involves helping people being asked this question.

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB168

This time, I let this recruiter know of the new law and advised her to  consult with an attorney about the best way to conduct salary history research in future without violating the new statute.

In short, what recourse, if any, does a candidate have when asked about current and past salary history by a recruiter or a company's representative?

Answer:
 It may not be against that law. If the recruiter does not work for the company hiring you, then they are not the employer.

But don't worry about this happening in the future, your reaction to the recruiter will ensure they never call you again. Answer #2: My response would be: *It's my understanding that your question is a violation of current law. Rather than answer that question, the most appropriate next step might rather be for you to tell me what the salary range is for this position.*


Title: rescuing my girlfriend from another country (LGBT topic)

Question:
i am from canada, she is from russia
she wants to live here with me permanently or in another country where we can both live without a visa
we can get married in canada but she will have to go back to he country which will cause problems because of our lesbian relationship

we both have low paying jobs and cant afford much more than vists every 4 months to a year
anybody know any legal hacks we can live together easier ??

we appreciate any help we can get

Answer:
 >n another country where we can both live without a visa

If your plan is for that country to also have a functioning government, you may need a new plan.

>we can get married in canada but she will have to go back to he country which will cause problems because of our lesbian relationship

You want an immigration lawyer to determine the best way she can get into the country. There's no short road to success here. Answer #2: You cannot live in any country without a Visa. At least not legally, the level of enforcement varies from place to place however. I would advise speaking to an immigration lawyer for your specific circumstances as these sorts of cases are far too specific for generic advice. For example it may be she can travel to Canada and claim asylum under persecution of her sexual orientation in Russia, but then again she may not qualify if she isn't facing direct threat to life, it's very hard to say without specific case details and I'm neither your lawyer or an immigration lawyer. Canada has a lot of immigration lawyers who do a free consultation, they would be able to advise how good of a case you would both have.


Title: Trying to delete an online account that utilized my email address.

Question:
Someone, somewhere, used my email address to create an account for a game from a well known gaming company. When I discovered this, I was able to request a password change, and set the password up in order to lock out the creator. I browsed the account options and found out that there was no 'delete account' option. Therefore, it needed to be done through their customer support email line. Asinine, I know. Anyway, after plenty of back and forth, they told me that they could not delete the account.
Since I never created the account, I, personally, have never accepted any Terms or Conditions or EULA. Do you think I have grounds to a lawsuit, because of the refusal to delete records of my personal information, given that I did not personally accepted the terms upon account creation? USA, by the way, so no 'right to be forgotten' laws.

Answer:
 Do you plan on playing the game, ever?  Why not just block any and all email coming from their domain?  The account isn't yours, even if the actual owner mistakenly used your email address, so it makes sense to me why they wouldn't let you delete it.  This seems like an easily solvable non-issue.Answer #2: It's extremely likely that you are assuming a malicious intent, when it's more likely it was an accident or simple stupidity.

There are two different people who think their email address is <MyFirstInitial><MySecondInitial><MyLastName>@<EmailProvider>.com - I get email intended for them ALL the time, because they keep giving out the same wrong email address.

It's likely that someone signed up for the game using your email by mistake.  Just let it go.

(and before I get a thousand replies, YES it is gmail, NO, it is not an issue with gmail ignoring a "." in an email address.)


Title: (Florida/international) Can someone force my husband and I to get a divorce/annulment?

Question:
When I was a teenager my parents promised to their friends son,he and his mother(widow) live in England. The agreement that they made was that I would marry him when I turned 21.

When I was 19 I meet my now-husband, we worked together and became friends. My parents were upset that I was talking to a man but I managed to play it off as a necessity since he was my manager. One night we had our lunch break at the same time, he noticed I was upset and I explained the situation. We started dating in secret and after 3 months I ran away with him.

But apparently my parents had signed a contract promising me to their friends son, who has now decided that he has bored with his other two "girlfriends"(since he can't be married to two women in England they're technically his girlfriends, ones only 17) and wants me.

Is there anyway that he would be able to get it annulled and force me to move to England and be with him?

Answer:
 [That would be sex trafficking.](http://lmgtfy.com/?q=How+to+report+sex+trafficking)Answer #2: You cannot craft a contract that promises someone else or someone else's property to a third party. Even if they'd forced you to sign it, you'd have been a minor at the time.

Survey says: Nope.Answer #3: First off congratulations on passing 9th grade biology ! I wish you successfull studies and a happy marriage.
Second, you are a US citizen, you are an adult, you control your body and who you marry.
What your parents did, entering you in a marriage contract without your consent, is illegal, it is even more illegal because you were a minor. And even if it weren't illegal, it is your body your choice, you are allowed to change your mind and refuse a marriage.
Keep all evidence, and if you fear for your life or that the british man could come and get you, file a restraining order, contact the police and explain the situation.Answer #4: If he comes to the US and shows up on your doorstep call the cops.  Also there are 2nd amendment remedies to use since you're a citizen. By that, I mean get a gun for protection. Answer #5: That's cute. That contract is unenforceable.


Title: My parents are forcing me into an arranged marriage and I am abosolutley repulsed by the idea, what do I do?

Question:
Hi everyone,

The title basically sums it up but I'll explain the situation a bit further.

So my entire family is Pakistani and Muslim. In our culture, arranged marriages are the main.....actually the only way people get together. They told me this when I was younger and I thought they were joking but found out later that they were completely serious.

My parents were born in Pakistan as Muslims and moved to America to have my siblings and me. Growing up in America, it was beyond normal to have crushes on people and have control over your own love life, so I naturally thought that I had the same privilege. I later found out, after I befriended a boy in second grade, that I was completely wrong. Just being friends with him infuriated my parents, but at the time I didn't know why. Any talk about any guy throughout my life so far was met with fierce yelling, slapping, and overall shunning. I eventually found out that was because they wanted to pick the person I was to marry.

I am forbidden to date in any way, and any interaction with a guy (even studies) is looked down upon.

They already found a guy for my sister (we have never met him, my parents just heard about him through extended family) and she is quite literally only 19. She's not gonna marry till she's in her 20's, but she's never met the dude. Not surprisingly, she is perfectly fine with it. She has always been super religious (just like my parents) and has never had a doubt about this arranged marriage process. In fact, she's practically squealing with excitement about it every 5 friggin minutes. My parents fully expect me to be just like her, but I am absolutely abhorred by the idea.

I genuinely don't know what to do at this point. I'm only 15, so I can't leave (not even sure if I want to leave my family). My parents have forbidden me from getting a job and earning my own money. They said they would never allow me to move out until I'm married (to the person they chose) either. I'm literally stuck.

I do love them nonetheless and I don't want to leave them, but I can't just sit here while they give me away to a man I have never met in my life. I have tried bringing up the topic of me not getting an arranged marriage casually, but my mother yelled mercilessly for hours and said she would burn me and then get me married off the next month or so if I did anything like that.

I also know how couples treat each other in my culture. It's always the man demanding practical servitude of the woman and it infuriates me. It's literally like living in the friggin 18th century.

I don't want to live like that. Just thinking about it terrifies me. If I say anything about, my parents would probably actually kill me after disowning me. I truly don't know what to do right now, so I'm asking for advice from you guys. What should I do?

Answer:
 IANAL. There is no legal grounds to enforce an arranged marriage in the United States so far as I know.

That said you should probably consider your safety. If your family is willing to slap you around for casually suggesting that you don't want to be married that's a bad sign.

Look. Maybe you think your family is amazing. "Just kind of traditional, thats all." But you should at least know what your options are if things get bad.

https://www.domesticshelters.org/ Is a good place to start.

I wish you the best of luck.


Title: [Georgia] My employer is going to dock my pay for court fines. Is this legal?

Question: [deleted]

Answer:
 Ok. I have some Bad News, Good News and some Bad News:

**Bad News** You were fired from your old job. Sucks I know. But it seems that you allowed your permit to lapse so they pretty much had good cause to do so. You could go file for unemployment, but as I said pretty good cause to fire someone who allowed a required permit to lapse.

**Good News**  YOU GOT AN OFFER FOR A NEW JOB!!! Wow! And so fast after losing your own one! IN THIS ECONOMY NO LESS!!! Who the fuck knew? You are a lucky dog.

**Bad News** New job pays about 50 bucks less per month than you were making at old job. Like I said, this economy. Although it seems that after about a year you might be able to get a raise!!! So theres something to work towards

What I'm saying is its legal cause the dock is for future pay not past pay. An employer can renegoitate your pay with notice and you have the right to accept it or leave. Usually such a move would allow you to seek unemployment but given they had cause that was probably a no go.

They can't dock past earned monies but upcoming hours are fair game. Make sure the dock is BEFORE taxes and not after on pay stub. You don't have to pay taxes on money you won't receive. Answer #2: Isn't it the employers responsibility to ensure all employees certifications and permits are valid?


Title: I worked with a local animal rescue/shelter (TX)

Question:
I worked with them for three years, and back in March a new "executive director" took over and I was appointed to the board of directors. I have since sent out a resignation letter because of some shady things going on and I need advice on what I can do.

The 501c3 itself is owned by the "President." She ran things 100% and I helped with some paperwork and a few other things. The land that the shelter is on is owned by the new director.

Since the new director took over, she ignored a lot of things that needed to be done so I picked up the slack. Since I've quit, I don't know who is doing it all now.

Anyway, she's not legally adopting dogs out. She won't take them to vet appointments, and if anyone goes out to get the dog, the gates are locked and we can't get in.

She is "adopting" these dogs out without all vaccines and spay/neuter even though it's legally required by our state (Texas).

She has had several puppies die because she won't take them to get their vaccinations and when they get sick she won't give them their medications. She puts them in a spare bathroom so she "doesn't have to look at them."

She has given dogs away because "We don't have any money in them so you can have it if you promise to get it spayed or neutered."

She has let people take dogs without any paperwork done. Not even an address to register the dog's microchip.

She has used donations and grant money on her personal dogs to go to the vet while neglecting the shelter dogs.

She has changed adoption applications and contracts so they no longer contain statements that make it a legally binding document.

My questions are:
1. Is there some way I can report this? And would I be protected because I quit? And would other board members be safe, because none of us have any control over what this woman is doing?
2. With the 501c3 being owned by one person and the land being owned by another, what are the legalities of ownership of the dogs? I assume they are owned by the 501c3, but would someone from the board be able to "legally" trespass to get a dog for a vet appt? And if they wanted to have the dogs transferred to another shelter, would they have to put it to a vote or something? And if the 501c3 is shut down, what would happen to those dogs?

Thank you in advance for your help!
Topic:
Other Civil Matters

Answer:
 Contact the  Texas SPCA here: https://www.spca.org/abuse?gclid=Cj0KCQjwvezZBRDkARIsADKQyPnm6Z4jR2m4Vxc6Rt-QlrfTvnfIlXoRyc9FMJIHlnkUNL49-HsFvQAaAon6EALw_wcB

If the county it's located in is not one they serve contact the police in that county.

Answer #2: you might also file a complaint with the attorney general's office in TX.  They usually oversee non-profits.  Just so you know, a 501c3 isn't "owned" by anyone.  The state can take control of the entities assets and/or the board can fire the director at any time.  I founded a 501c3 last year.  I've done all the work, used my own money to pay it's expenses to get it going etc but if the state or my board decided i wasn't doing what was best for the organization mission I can be terminated at any time.


Title: I shit my pants in a taxi cab while drunk cause the driver wouldn't let me out. Now the cab company wants me to pay a $250 cleaning bill.

Question: He said I was too drunk to let out and would not stop so I could go.

Answer: Congratulations you learned a valuable lesson about drinking too much and it only cost you $250.Answer #2: Youre lucky you didnt sober up in a jail cell. $250 is nothing for soiling yourself on someone elses property.


Title: [MN] fired for pregnancy. Denied for unemployment.

Question:
Long story short --

I was let go from my job last Thursday due to being pregnant and being on bed rest. And so I applied for unemployment and was denied since I'm unable to work.
Any suggestions on what to do?

Answer: What did they say when you were terminated? And we need specifics for a conclusion.


Title: [Missouri] My boss kicked me out of her garage and is keeping the title to my vehicle, birth certificate, and clothes. How can I get them?

Question: I moved into my boss’ garage after family issues caused my family to separate. She forced me to take money in order to pay off my car to another person, but did not get the agreement in writing and is constantly changing how much I owe. She essentially gave money to the vehicles owner without my consent and is demanding I pay it back. Not to mention she would always threaten to not pay me at all and instead just take all of the paycheck as compensation.. I recently quit my job and she’s refusing to let me back in her garage to get my stuff, which includes photos, furniture, the title to my vehicle, and even my birth certificate. I move off in less than a month for college so I don’t have time to sue and I also need all of this stuff for when I leave for college. The police said the only thing they can do is escort me to her residence and suggest she gives it back. How can I get my stuff back otherwise?

Answer:
 Get the police to escort you to her residence and suggest that she give it back. That usually a fairly successful technique.

Otherwise you'll have to replace what you can and sue her for the value of the items.


Title: (Illinois) Family Law: Mother with full custody wants to move child out of state, father says he'll fight it

Question:
I'm seeing a woman who has full custody of her 9 year old child in Illinois. The father is in their lives, isn't required to pay child support, and houses the kid part time (mother works nights, lives alone; he and his new wife are always available for childcare).

I live in another state (1500+ miles away) and I've invited the mother to live with me along with her daughter. She won't move without her daughter and I would never ask her to. Plan would be for daughter to attend school in my city and summer/holidays/whatever she wants with her father.

When this was proposed to the father he said absolutely not. He doesn't want his daughter to have to be shuttled between homes like he was growing up. He has not (yet) expressed any issue with me, where I live, or the schools/opportunities moving would afford the child (city vs current small town/limited school system). He stated he will fight to block his daughter from leaving the state in order to keep the mother and daughter near him & his family.

As far as I can tell this is handled by [Illinois' 2016 Parental Relocation law summed up here](http://www.familylegalrights.com/divorce-and-custody-law/new-illinois-family-law-in-2016-relocation/) but that's just a minute of googling. According to that she has to provide written notice and he has to consent. If he doesn't consent, she has to petition the court. None of this has happened yet, they only just talked about it today.

So my questions are based around how we can best prepare ourselves if we have to petition the courts against the father's wishes. My response to the mother is that we should probably lawyer up ASAP, but until she's ready I'm reaching out to reddit.

**What will the court want to see from the mother (and me) to convince them to let the child relocate?**
What's the court likely to ask of us?
I'm not married to the mother. I own a house and have a job that can provide for mother & child. I have no criminal record and no family of my own.  Mother's profession can go anywhere and can provide for the child as well. She doesn't have family in my area- most of the family (mine, hers and the father's) lives in Illinois.
Would us being married help the case? Anything else that we could do to strengthen our petition?
Will I even be a factor in this? How does "mom's boyfriend" positively or negatively things?

**What rights/precedence does the father have to block the child from relocating?**
The marriage ended when he knocked up the woman he's currently married to (that's why he didn't fight for custody). They're about to have a 3rd child plus 2 from previous marriages (5 children in the house, all sharing 1 room presently). He is a very loving and involved father and not a bad person as far as I can tell. The daughter has expressed that she does not like living with him, though, and would like to move to an urban area.

**Should the mother enforce custody?**
Currently the child attends school in her father's town and stays at his house on week nights and weekend nights when her mother works. This means she spends more nights at her father's house than her mother's. The father has no custody (don't know about visitation rights) but they've worked things out this way for everybody's benefit.
Will living with the father end up hurting the relocation petition? Will he be able to claim custody rights due to the living arrangement?

**What else should we be prepared for?**
I have no experience with family law, custody, etc (my parents have been together my whole life- I'm like a unicorn). What's going to come at us sideways and make this a problem that I'm not seeing? How is the father going to attack this if he does decide to fight?

Ultimately it sucks that he wants to fight. We want to keep him in the daughter's life. Both parents know that their daughter will have better opportunities in life if she moves to the city. I'm willing to go to whatever lengths necessary to make sure all of them- mother, father, and daughter can maintain a good relationship and be happy.

Answer:
 >sucks he wants to fight it

Well are you surprised? He sees his daughter everyday and you’re wanting to make it so he can hardly ever see her, so you can shack up with mom. It makes far more sense for you to move to them.


Title: Frivolous noise complaint from neighbor

Question:
Good morning,

Possibly not legal but general advice. Please let me know if I can X-post this somewhere if this is not the right community.

I live in Florida in a rental apartment in 2nd floor. There is

1) no TV

2) no speaker of any size

3) no electronics/clock which will produce loud noise except for my phone

4) no friends staying late and there was never any party in that apartment.

5) There is nothing hanging on the wall which could mean I am hammering a nail

So basically it's just apartment with couch, bed and other furniture/household items.

I received a verbal noise complaint 3 months back from property management that neighbor in 1st floor is hearing loud foot steps during the day. My daughter was there and she was playing in the apartment. So I told them I will ask her to play more quietly.

Few weeks later, I had a cop come over because they received noise complaint. I was having a normal noise level conversation on my balcony with my friend after 10pm and apparently that was too loud.

Yesterday I received a written letter stating, I am being too loud during late hours and early morning and said one more complaint, they will terminate my lease.

I sent an email to property manager stating there is nothing in my apartment that can make any loud noise and am I not allowed to walk, drop something by accident or move my chair on floor after 10pm? I have asked them to visit my apartment to see what could possibly make any noise and that it is unacceptable they send me notices without any consultation from me.

My questions are

1) Does termination of lease mean eviction?

2) Would I get my deposit back incase of termination given there is normal wear and tear?

3) Is there any I can do to show these complaints are frivolous?

Thank you

UPDATE: Thanks for your input. I spoke to property manager and he said "Seven day notice of compliance" is now voided as I responded to it by talking with him. Apparently it is because of the hardwood floor, tenants in 1st floor can hear me or anyone in my apartment walking and his conclusion was since there aren't many furniture, there is too much echo and sound is carried over easily. I told him this reason is insane and to carpet my whole apartment. He is going to speak with them as well because of course I can also hear them often but I never brought anything up before. I will an area rug and decibel meter so I have everything recorded.

Edit 1: formatting

Topic:
Landlord Tenant Housing

Answer:
 Responding to question #3
have u considered purchasing & using a decibel recorder or downloading decibel app? Ask your landlord the decibel # that’s considered legally noisy.


Title: How do I represent myself against a public intoxication fine?

Question:
I know that it is inadvisable to represent myself but I feel that I have a strong case and confident in my innocence.

I was tagging along for a drive with my roommate home during a small get-together with a couple of friends after graduating college. Throughout the course of the drive, my roommate did not exhibit any behavior of swerving or impairment. When we dropped off the friend, my roommate who was unfamiliar with the layout of the area made a couple of wrong turns that ultimately caught the attention of a cop.

In short, my friend took a sobriety test (which he did fairly good in) but was taken to jail for DUI anyway. All this time, I was standing and watching it all go down. The officer then came over and ask me to follow a pen with my eye which I did without any loss of balance. I was polite and acted respectful to the officers. Then one of the cops asked if I can find a ride home and I said I can. After 20 min of waiting, the officer came up to me and gave me a ticket for public intoxication and told me if my ride wasn't coming in a few minutes, I will be taken to jail for that fine. Luckily, my ride came in time.

To the point:
I know I can't argue about being public, instead, I will focusing my case on being intoxicated. There was no BAC test or blood sample taken nor was I handcuffed. I was under the supervision of the cops throughout the entire ordeal.

I know I can do a cross examination but I was hoping that when I meet the prosecutor, the evidence from the dash cam can prove my case. It is the burden of the state to prove that I was intoxicated to the point where I was endangering others and myself.

Your advice and personal experience is much appreciated. This happened in Dallas, Texas.
Topic:
Alcohol Related Other than DUI

Answer:
 You're doing something you know is ill advised because you think you've got a strong case.  This is a mistake.  Innocence has little to do with being guilty or not guilty of an offense. If you're not proactively defending yourself, you will likely lose the case.

You don't know how your friend performed on the sobriety test because the police are allowed to lie to suspects and their grading isn't always intuitive.  The fact that you mistakenly think that the follow-the-pen test checks balance, rather than rapid and uncontrolled jerky eye movement, proves that you have no business defending yourself.

Your defense makes zero sense and contending that you were not voluntarily in public is likely the better way to go.  I suspect that you're going to lose this case if you don't seek out help.


Title: [VA] HOA has been sending bills to wrong address for months; sent collections after me

Question:
Background: When we purchased the house it came with an HOA credit.

Once the credit ran out, the HOA started sending bills to the wrong address.  I failed to pay my bill (as I never saw it), and the HOA sent a collections agency after me.

The collection agency then sent a letter to a completely different address. Again not the current/correct address (though the correct address was cited in the letter) or even the address the HOA was sending bills to. I never saw those letters until the person living at the address accidentally opened a letter and notified me.

I called the HOA and they informed me they have been sending bills to the wrong address. They asked me to send them an email to explain the situation and correct the address, which I did and I copied the collection agency.

So now the collection agency sent me a bill asking which charges i want to "dispute". I will absolutely pay my HOA fees, but I do not want to pay any late fees or any fees charged by the collection agency.

I am curious if there is any legal action I can take against the HOA. Can I sue them for their incompetence? They have affected my credit and may potentially affect my ability to keep/renew any security clearances.

Or should I just shut up and pay everything (including late/collection fees)?

Thanks people smarter than me...

Answer: Well it is your job to make sure bills are paid. Them sending a bill to the wrong address is their fault but it is still your responsibility to know the due date and amount due.


Title: Legal advice

Question: So I got a question which I think I already know the answer from but i want to make sure. I live in the state of Massachusetts. So my girlfriend her dad has a garage in which he obviously does repairs. One day a woman came by who got in an car accident. She wanted to have her car repaired. He gave her a quote and went to a Nissan dealer close by to see if it was a realistic quote. Both they had the same quote. About 6000. Insurance payed the money and he started repairing. He was done with the cat no problems. First problems start. She didn't want to pay him. So he held onto her papers until she did. Even going the extra mile of cleaning her car inside. I know he is too nice sometimes. She coughs up the money after arguing. Done deal right? Now she says she has been in contact with the Nissan dealer where we got the quote and says it's way lower then he quoted her. She wants money back now. She also says her car made a weird noise it previously didn't. On parts he didn't work on. She wants to meet to discuss tonight. I will go there for my dad and explain. I think I'm in a strong enough position but are there any things I'm overlooking. Thanks in advance

Answer:
 Sequence of Events:

I.) Your father gave customer a quote.
II.) Customer got a second quote.
III.) Customer gave father written authorization to do the repairs.
IV.) Customer paid for the repairs.
V.) Customer now disagrees with the cost of repairs based on other quotes.
VI.) Customer requesting refund.

Sounds pretty straightforward. Your father quoted the work. She agreed (assume she had it in writing). Father was paid for the work. Father turned the car back over.

Her side complaint on the car making a weird noise is entirely separate. Unless she has an independent mechanic check the car and make a determination that is the product of botched repairs by your father, there's no issue for your father to address.

Keep it simple in your discussion with her tonight. If she pushes the issue, cease contact.


Title: Hotel

Question: I broke a glass lamp cover thing in my hotel.  Am I legally required to pay for it?  This is in Indiana

Answer: Yes. Why would you think you aren't? The room rate doesn't include breaking things.


Title: Chicago, IL - Trying to sue plastic surgeon and getting mixed feedback. Do I have any options here?

Question:
Hey r/legaladvice. Thanks for taking the time to read this. My situation isn't really fun to talk about, so I'm going to sum it up as briefly as I can below:

I have thoracic scoliosis and large breasts. It causes a lot of back pain, and a good portion of it is caused by the way that most bras constrict right where the curve is. Large breasts need a more constricting bra band to support them which equals more pain for me. I tried to get my HMO to cover a reduction for two years, but plastic surgeons rejected me because they didn't want to take out the amount that the HMO demanded (500g per breast, I think? apparently it was "most of what I had" according to two of them).

Eventually, I pay nearly all of my life savings (8k. I am young and poor.) to have a breast reduction. I have several consultations with the surgeon and make it very, very clear that I would like him to make me as small as possible without endangering the blood flow to the breast. This is something that is repeated several times. I have the surgery (April 15, 2013). I realize around July, 2013 that the swelling isn't going down the way he said he would and my breasts are still very large and pulling my shoulders forward. I make appointment with doctor and tell him I am not at all happy with my size. He says his reason for leaving them that large was he "didn't think a woman would want to be smaller than this" but that he can perform another surgery after a year and he "wouldn't charge me full price."

In March 2014 I get measured as a DDD cup. I was told I could be somewhere around a B cup. That is a four cup size difference. I am still in a lot of pain and still have to buy specialty bras. The pain is slightly better, especially if I wear a sports bras or go without one entirely, but having a DDD cup makes going without a bra in public and at work an absolute non-option. It's nearly the same situation as before except now I'm even poorer.

A law student friend of mine says I have a decent medical malpratice case that could be settled outside of court fairly easily since it was a clear and intentional fuckup on the surgeon's part (I basically want enough for another surgery, compensation for the time I have to take off of work and lawyer fees).

I've done a case evaluation at 3 law firms now. First law firm rejected me but encouraged me to take my case elsewhere, second law firm said I have a good case but because the settlement would only cover another surgery "it wasn't the kind of thing they deal with." Third law firm talked a bit more about how with IL malpractice suits you apparently have to have medical evidence that the doctor messed up so badly that it can't be corrected by a follow-up surgery (like if my breasts fell off, I guess).

I'm waiting to hear back from a fourth firm, but I'm not optimistic anymore. Obviously this doesn't qualify as medical malpractice after what the third firm said, but do I have any legal recourse here at all or is it time to just give up and throw myself in front of an el train or something?

Again, thanks for reading and thanks in advance for any advice. Please let me know if you need more information.
Topic:
Other Civil Matters

Answer:
 Your "law student" should pay better attention in class.

Medical Malpractice would be if you were harmed due to the surgeon failing to provide the standard of care.

You MAY have a breech of contract if he failed to do what you paid him for.

Take your records to a local attorney if you cannot afford an attorney try contacting legal aid they may be able to help.Answer #2: There's a big difference between medical malpractice and not providing promised services. Where you might have success is *suing* the doctor for failing to provide the service you paid for. Medical malpractice is a more burdensome thing to prove.


Title: Police served and executed an incorrect warrant. Arkansas

Question:
I'm writing this for a family member. I'll refer to them as FM.

To start out, FM and their significant other recently moved in together. They are renting an apartment. Everything was going well until the police showed up with a warrant to search the apartment. The warrant stated the previous occupants name and the the address  of the apartment. No mention of FM or the significant other.

Significant other told police that the warrant was incorrect, and was told that since the apartment portion was correct they could continue the search. They end up finding weed and drug paraphernalia.

The police were going to arrest both FM, and the significant other, but FM claimed ownership and stated significant other was not aware that it was in the apartment. So they just arrest FM.

To be be perfectly honest FM, is not the most law abiding person ever(I know, that's bad). This will be their second possession of marijuana charge. It was over 4 ounces and they are going to give FM a felony.

We are trying to get money for a good lawyer to maybe fight this. We are just are not sure if can fight it. The warrant being incorrect like that seems like maybe we can do something.

Does it actually not matter if a portion of the warrant was incorrect? Does FM claiming ownership screw them?

Topic:
Drug Possession

Answer:
 This is very fact specific. In general, the warrant is valid, but a lot depends on where the drugs were located and *exactly* what the SO said to the police as well as the wording of the warrant. For example, if the warrant was for a person, the police would not be allowed to search through dressers or pockets, only places large enough to hold a person.

Talk to a criminal defense lawyer.


Title: My dog ate rat poison found in a pet store

Question: [deleted]

Answer:
 You'll want to edit in the state you're in for better help.

That said, you're not likely going to get anything.

The exterminator/poison control person is the one who is responsible for ensuring their chemicals are placed appropriately. That comes with some responsibility, but you would need to prove they were grossly negligent in placing the poison there.

The store carries little to no responsibility since (a) they hired a professional to handle extermination and (b) they likely are not qualified to handle extermination. In other words, suing the store would be like suing a professor for errors in a book. The "mistake" isn't theirs to make or fix.

You hold the most responsibility though. It is generally expected that owners have control of their pets and maintain the animal's health. Your dog is your property, and ultimately it's your job to train her so she doesn't do stuff that harms her.


Title: [california][germany] is it possible to legally change your name and gender in a country you aren't a citizen of?

Question:
this question seems kind of out of place in this sub but it's kind of legal advice so I guess it counts..? if it doesn't ill remove it. or if it would count for /r/legaladvice but this is a hypothetical.
i live in california, and once i finish highschool i plan to move to germany for college (2020/2021, i'm 15 now and my parents won't let me change my name, let alone gender, so i can't do much now) .
basically, i want to legally change my name and gender. i want to move to germany as soon as possible, and hopefully take care of all this stuff there. but is that even an option if i'm not a citizen?
if not can i just pop back over for a while to change my name and gender? let's say money is all taken care of (realistically it's not but whatever) and i have a place to stay but my place of residence is in germany. will it work out?
if there's really no way to make it work, i could go to the local community college for a few years or just fuck around for a while and hopefully get it sorted out then. or since i'm already gonna be there for ~6 years i could aim for citizenship and i'm assuming i can change it without too much problems then.

bonus question: to register for college, do you have to use your legal name? of course drivers license, social security, birth certificate, etc etc all use the legal birth name, but do colleges?
thank you for any advice

Answer:
 German law student here! It‘s waaay easier to change your name in the US than in Germany. You need a really good reason to change your name in Germany. So if you have a chance to change it in the US, do it there.

As for college, the name you apply with has to be on all your legal documents. Unless you‘re a EU citizen you‘ll also need a visa with your name on the passport and university documentation.


Title: StraightTalk Exploiting FCC Loophole

Question:
Alright this a long story but bear with me, I've already escalated this issue with the FCC and they accepted my complaint so I could really use some advice as they follow up my complaint.

So I recently began working at a local phone store in Oregon and while trying to switch my SOs number from her straight talk service to one of our providers they broke the FCC's guidelines to releasing phone numbers and illegally withheld her number.

How do I know it was illegal? Basically a couple of years ago the fcc created [these laws](https://www.fcc.gov/consumers/guides/porting-keeping-your-phone-number-when-you-change-providers) to protect consumers from paying BS fees to keep their phone number whenever they want to change service from one mobile phone service provider to another. The reason the FCC made these laws is many providers were charging their customers to "port out" their phone numbers in an effort to make an extra buck as well as keep customers on their service plans.

Anyways, I was trying to port-out my SO's number like I do for every other customer, which is usually easy as long as you have the correct account number and PIN for that customer. Even though I gave the correct information my port request came back as denied. I called straight talk and asked whats up and they told me that I couldn't port her number out because her number was **"Inactive".** Now her service had just ended at the beginning of this day at midnight (service as in she could make calls and use data), so it was very strange that her number was inactive  as every other service provider leaves the number active for 30 days after their customers service ends. Straight talk customer service told me over the course of 5 transfers to different representatives that the only way to **"re-activate"** her number is for her to buy another month of service (their least expensive plan is $35). Then she could port out while her service was still active.

This is where I really got pissed off. No person plans to transfer from one service provider to another while their old service is still active as this invariably means paying for overlapping service which is a waste of money. Meanwhile, Straight Talk is clearly exploiting a loophole in the FCC's rules as they state that a phone number must be **"active"** for it to get ported from one provider to another. Essentially they are charging customers $35 to port their numbers just like all the other cruddy companies did in the years before the FCC'S new guidelines.

After going through all this my SO just paid for another month of service with straight talk to port out. I filed a complaint with the FCC and they demanded that straight talk get in contact with me to resolve my issue. On Saturday I got an email from a representative at straight talk that included a phone number to call so that straight talk could "assist" me in resolving my issue.

I sent the following email to the FCC after me and the Straight talk representative got off the phone. It pretty much sums it all up.

" Good afternoon,

Straight Talk did not make any real effort to resolve my issue and is still exploiting a loophole in the fcc's guidelines. After their response I'm afraid their transgression may be a far more blatant obstruction of the law than I originally assumed. Please hear me out. Straight Talk responded to me in an email with a corporate headquarters number to call to discuss my complaint. I called the number and spoke with their representative Ann. I explained to Ann that straight talk was essentially charging customers $35 to port out their numbers by deactivating the numbers as soon as the customers service ends. No customer wants to port out while their service is still active as this would mean having overlapping service plans from two separate providers (one being straight talk the other the provider the customers trying to port their number out to) , which means they would be paying for at least one extra day of service they don't need. I then requested that straight talk refund my customers last month of service with straight talk that they paid for just to re-activate their phone number and have it ported out to another provider (in this case selectel). She denied my refund request and stated that the de-activation of numbers for porting coinciding with the expiration of service is outlined in the straight talk terms and conditions. We then ended our call and I went online to read the straight talk terms and conditions. THERE IS NO CLAUSE IN THE STRAIGHT TALK TERMS AND CONDITIONS THAT STATES OR IMPLIES THE DEACTIVATION OF A NUMBER UPON THE EXPIRATION OF SERVICE. If anything the opposite is implied under section 4. USING YOUR SERVICE, paragraph 2. Service end date - " Service under a Plan which remains unused at the time of deactivation will still be available if Service is reactivated within sixty (60) days from the deactivation date for basic phones and within thirty (30) days for smartphones, otherwise any unused Service under a Plan you purchased will be lost. "
 This proves that straight-talk still owns the number for 30 days after service expires, and that if they wanted to they could activate the number so that it can be ported out to another provider. Let me be clear, no where in the terms and conditions it is implied or stated that customers must keep their service active to keep their number active so that it can be ported out. After reading this I called Ana at Straight Talk back and asked her to help me find where in the terms and conditions it states service must be active for a number to be ported out. She refused to do so and stated "she can't read me the terms and conditions" because "she won't take the time". I made it clear that I didn't want her to read me the whole terms and conditions, I just wanted her to direct to any part of it that states or implies a customers service must be active for them to port their number out. She still refused to do so. After this whole experience and re-reading straight talks terms and conditions I believe that straight talk's procedures for releasing numbers is in direct violation of the FCC's rules and guidelines to protect consumers phone numbers. I'm sure they've used this process to extort $35 (their minimum service plan) from thousands of customers such as my own and it needs to be addressed as soon as possible."

God what a long post. If anyone has any advice about what I can expect from the FCC going forward and if they've ever dealt with anything like this before please let me know in the comments.

Answer:
 As you've described it you tried to port an inactive number.  Just because service ended the night before doesn't make it any less inactive.  No provider is obligated to do anything with an inactive DID.  Of course they generally do hold as a courtesy and an incentive to retain customers, but they can re-issue that number to someone else once their contracted hold period is up.

Not really sure what you expect the FCC to do here.  Service has to be active to transfer the DID.Answer #2: I worked in the wireless industry for over 10 years including the time when WLNP (wireless local number portability) started.

In my experience and still to this day what you are saying is never and has never been the case. Every single time i ported a number successfully from carrier A to carrier B the line must be active until completed. Everytime i have attempted to do so for a line that has been disconnected it has failed.

You're confusing straightalk reserving the number for reactivation for 60 days  with it being active. Every carrier requires the line to be active in order to port and not just straighttalk.

This was also right in the link you posted

Do not terminate your service with your existing company before initiating new service with another company.

Edit: i realize this post comes off as mean, it is not my intention.


Title: Wife tapped the back of of another car. Now they claim $80,000 in medical expenses

Question:
Hey all,

I'm going to start at the beginning here, and try not to be too overwhelming.  In January of 2016 my wife was stopped at a red light, and her foot came off the brake pedal a little, and she rolled into the back of another car (I know, I know).  I was not in the car with her, but I was heading to work at the same time, and was a couple lanes over and saw the whole thing.

&nbsp;

They exchanged information, took pictures, and as there was no damage, went their separate ways.  We thought it was over.  Two months later, they file a claim with our insurance company claiming property damage and bodily injury.  We give our side of the story to Progressive, and everything is silent for a few months.  We think they have backed down as there was NO damage to either vehicle.

&nbsp;

Today we get a letter from Progressive that basically says that they have hired an attorney, and have medical fees to the tune of $80,000 (more than our insurance covers) and are looking for a payout.  In the letter, they are claiming that the man was involved in an accident in 2014 that DID NOT require surgery, but because of this one, he had to get it (it was a love tap between cars).

&nbsp;

My wife and I are freaking out, as this would essentially bankrupt us if it was taken to court and we lost, and I have no idea what to do.  We don't really have the money for a lawyer (though I'm starting to think we don't have the money to NOT get a lawyer at this point) and we are just lost as to what to do.

&nbsp;

We are in FL

Topic:
Traffic and Parking

Answer:
 Your insurance will provide an attorney. Generally these cases settle within your insurance limits. But if not, you pay the difference.

But you pay for the damage you cause. Which might include surgery that directly came from this accident. Answer #2: It's out of your hands now. Let your insurance company deal with it. If this ever happens again, let your insurance company know as soon as possible. That's why you have insurance.


Title: Number constantly is calling me, trying to get my information

Question: This number is constantly calling me, after I have already told them to stop. In one instance I even blocked the number and then the person used another number to be able to call me. They are claiming they are from Verizon and that they need my information to be able to update my account otherwise my service will be terminated. What is weird is that ive did a number lookup and it's actually a carrier not even a voip. What can I do to report this number ? I already reported it on ic3.gov

Answer:
 ...Invest in an air horn?

Seriously, though, just hang up as soon as they say who it is.  They're scammers, and you're just a number on a list.  It's not personal.Answer #2: Not legal advice but if you have android you can get the app hiya to block numbers marked as suspicious by other users.


Title: Apartment flooded $3000 in damages?

Question:
Hello all. Long story short I came home after a night of drinking, took a bath and fell asleep. The Uber receipt says o got dropped off around 1. I was awoken by maintenance at about 4 am where i woke up and shut off the water. The water was in the my bathroom and crawled out towards the living room. It’s like the fake wood stuff. Like plastic wood. Apparently it’s $3000 in damages that I have to pay for. It took like three bath towels to dry up.

I’ve been trying to google it but does that sound right? At most the bathroom which is tile would have been about 3 hours and there was some water in the living room but it wouldn’t have been just inches and inches of standing water.

I’m not sure what is damaged. It all looks fine to me. The floor does not feel different there’s no raising of edges and everything is still connected.

Should I just pay it or ask for any proof of anything?

Answer:
 If you have renters insurance bring it to them.

If not, you can ask for estimates for the repairs. Since maintnance showed up at 4am I assume you were also flooding the apartment under or next to you. I'm honestly suprised you only caused 3000 in damage.


Title: [TX] Apartment is smaller than the one we were promised

Question:
[deleted]
Topic:
Landlord Tenant Housing

Answer:
 You learned a tough lesson. You shouldn't have signed a lease for an apartment you didn't see.

As long as your apartment matches what's in the lease, you're pretty much stuck with it.


Title: Speeding ticket between 18-21 yrs. old in Georgia, really don't want my license suspended.... Please help

Question: In Georgia, if you are between the age of 18-21 years old and get 4 or more points, your license is suspended. I was going 28 over (stupid, I know, but a completely empty highway), and if you go between 24-33 its considered a 4 point offense. I am in college right now and really can't get my license revoked. I am willing to pay fines, I am just in some serious need of guidance. This is my first ever ticket, and I need to work this summer...

Answer:
 You can get a lawyer and try for a plea bargain.

But your whole post reads like the title should be "things I should have thought about before I drove nearly 90 MPH on the highway."


Title: Is it ever too late to sue for medical malpractice? (Huge dermatology scars)

Question:
Just trying to seek some legal advice to see if this is even an option for me. I was 15 or so when my mother took me to a dermatologist to have some moles checked to see if they were cancerous. I'm 30 years old now and left with 3 abnormally large scars on my back from that day. I didn't know any better at the time and I don't think my mother did either. But they wanted to go ahead and remove a few that looked "suspicious and could become cancerous". They weren't much bigger than any I currently still have. They made about 2-3 inch long and very deep incisions to remove the moles and tissue. I had stitches in my back for a week or two after. I'm left with some scars that almost look like I was stabbed in the back multiple times with a knife at some point in my life. At the age of around 27 I finally went to another dermatologist and was examined again for a checkup. The young lady couldn't believe the scars the previous dermatologist left and said it shouldn't be like that. She basically said she would not have let them get away with it. At this point in my life I tend to agree based on the scars I see online from other removals. The worst part is nothing was found to be cancerous and I'm left with these large unnecessary scars so many years later. I have people always asking "what happened to your back??". It's still embarrassing to me to this day and I wish I could do something about it because I still get angry thinking about it. I don't even know if the office still practices, if my records could be located, etc. Is there any hope in getting any sort of legal justice for malpractice at this point for something that happened when I was a teenager or am I pretty much just left to deal with it?

Thanks for listening.

Answer: Most states have a very short statute of limitations for med mal cases -- 1 or 2 years. Some states toll that time until you are an adult. But, since you are 30 and this happened 15 years ago you are almost certainly past the statute of limitations.


Title: Alabama- My neighbors complain that my dog's barking frightens them. They want to know what I'm going to do to repair their fence that's falling apart so they'll feel safe.

Question: Like the title says, my neighbors came knocking on my front door this evening and wanted to know what I was planning to do to fix their wooden fence that's falling apart. They freely admitted that it's been in bad shape for a while and even knew exactly how many fence boards needed to be replaced before we moved in three weeks ago. They said they'd be willing to split the cost of repairs or a new fence with me, but I don't see how I should be liable for any bit of it seeing as it's theirs. I don't want to feud with my new neighbors, but I also am not going to pay for something I don't own so my neighbors will feel safe. To be clear, my dog hasn't ever bitten anyone and is very sweet inside the house, but she's also very territorial and barks at most things that she can see through the fence.

Answer: Is the fence what is keeping your dog in your yard? It is completely your responsibility to ensure that your dog is properly contained.


Title: [Curious] [WA] Can Arab Andy really argue “free speech” on a bomb threat?

Question: I’m following the Arab Andy case, and for those who don’t know, a streamer walked into a college campus classroom and a loud sound playing “C4 detonated” and an alarm was played repeatedly. Understandably, people fled and pulled the fire alarm and he is seen walking away laughing and is eventually arrested, all on stream. He is charged with “threatening to bomb or injure property”, which is a class B felony. I thought for sure his only course of action was to plead guilty and hope for a reduced sentence. But earlier today, I saw a news story on the livestream fail subreddit with an interview with his lawyer. His lawyer blatantly says he plans to argue it was a “hoax”, as there was no bomb, and plans to argue that it’s free speech. However, basic googling on bomb threat laws in Washington gives me conflicting results. The Washington State Legislature website blatantly says that “hoax” cannot be a defense for this charge, as well as mentions “knowing this information is false and with intent to alarm the person or persons” in the description.  The lawyer also mentions some other Supreme Court case as a defense, but I can’t remember the name. So, how is the lawyer able to argue free speech and “hoax” and will his argument uphold in court?

Answer:
 Yes, he can really argue that. The point of going to court is to test these kinds of argument.

In before someone cites _Schenck_.Answer #2: He can *argue* whatever he wants, but a first amendment argument will fail here.

The first amendment protection for freedom of speech does not protect "true threats". That means that the government can make it illegal to make a threat with an intent of placing another person in fear that the threat will be carried out. The Supreme Court has not yet settled whether the government can make it a crime to be simply *reckless* about whether the victim will feel threatened. *[Elonis v. United States](https://www.supremecourt.gov/opinions/14pdf/13-983_7l48.pdf)*, 575 U.S. ---, 135 S.Ct. 2001 (2015). But the Washington statute specifies that the defendant must have intended to cause the victims to feel threatened, so that doesn't really matter here:

>It shall be unlawful for any person to threaten to bomb or otherwise injure any public or private school building, any place of worship or public assembly, any governmental property, or any other building, common carrier, or structure, or any place used for human occupancy; or to communicate or repeat any information concerning such a threatened bombing or injury, knowing such information to be false *and with intent to alarm the person or persons to whom the information is communicated or repeated.*

Washington Revised Code 9.61.160(1). Now, he could certainly argue that he *didn't* intend for anyone to feel threatened, but I think that is likely to be a very difficult argument to make on these facts.


Title: Why is the 8th Amendment not used to protect first-time Marijuana offenders from prosecution?

Question:
Side note: I am not a lawyer nor am I pretending to be one; this is why I am coming here.

The Supreme Court in the 1958 case of Trop v. Dulles, expressly endorsed the view that what are prohibited "cruel and unusual punishments" should change over time, being those punishments which offend society's "evolving sense of decency."

In Furman v. Georgia (1972), Justice Brennan wrote of "...four principles by which we may determine whether a particular punishment is 'cruel and unusual'." One of which being "A severe punishment that is clearly and totally rejected throughout society."

So why are we incarcerating first time non-violent Marijuana (if not drugs in general) offenders if the majority of the public sees this as unacceptable? Why has an argument like this not been used to push at least a statewide decriminalization?

Again, I am not a lawyer, so I may have no idea what I'm talking about. Thank you for your time.

**Edit**: Thank you all for your input. I appreciate the information you've provided me, and you've successfully helped me realize that I am quite over my head! We've got to start somewhere though, and self-education is a touchy subject... thanks regardless!

Answer:
 > So why are we incarcerating first time non-violent Marijuana (if not drugs in general) offenders if the majority of the public sees this as unacceptable?

Because such punishments do not satisfy the requirements of what constitutes a cruel and unusual punishment.

From a practical standpoint, it'll be difficult to find a 1st time marijuana offender who wants to take their case to the Supreme Court.


Title: Buying a car after DUI.

Question:
Edit; this is southern Oregon.

So back in May I wrecked my car and received a DUI, I know this was a bad choice and was no ones decision but my own to make and I accept the fault in that. I will say right off the bat I do not have an alcohol problem, I rarely drink and the lack of knowledge in knowing how it affects me reflected in my choice. It had been 6 hours since I had taken a few shots so I thought I was fine.

On to the point. I have completed my court stuff, the diversion classes and what not. Which consisted of 12 hours of educational (not treatment or rehab since I don't have an addiction) classes on how alcohol effects people, making good choices, if you are going to drink don't drive if you want to drive don't drink ect..

Now I am looking to get a car since mine was totaled, because I have full coverage insurance everything was taken care of and I held onto the insurance money from my car. The issue I'm having is that I need an interlock device in my car to get my license. I have talked with the DMV several times and received different answers from each person about this.

 Since I do not have a car I don't have an interlock and therefore I don't have my license, I want to be able to test drive cars I'm considering to purchase but I don't know how to accomplish this without my license. Can anyone offer guidance here?

Is it possible to get my license back for travel purposes, i.e I'm flying in a couple of weeks and need I.D to get on the flight, can I get my license back and then when I return from my trip go look at cars with a friend to test drive them for me?

Answer:
 > Since I do not have a car I don't have an interlock and therefore I don't have my license, I want to be able to test drive cars I'm considering to purchase but I don't know how to accomplish this without my license.

Cannot be done. You'll have to do a ride-along testdrive, with someone else operating the vehicle. You could ask the salesperson to let you drive around the lot, but I'm not sure that's a great idea from a negotiation standpoint, and you're not going to get a very good idea how it handles doing that anyway, much more than just sitting in the driver's seat. You can use a non-driver ID to buy the car, get the interlock put in, and then take care of your license situation.


Title: Husband has been suspended from work, without pay. In Oregon

Question:
My husband has been suspended. He works security for a big tech company. He honestly has no idea what it is about. From what we know, something happened, and everyone that worked at his post has been suspended.

He works the grave shift. He went into work on Wed. the 18th and got told he had to leave, and given a number for someone in HR headquarters. He called her the next morning, and had an interview with her on Friday. He emailed her last Monday, and she told him it was "far too soon" to know anything, and told her she would contact him. He was told the night he got sent home, that everyone had been suspended. The HR lady asked him not to speak to anyone, and he hasn't. Now we're really starting to worry about money.

I'm just curious what we can do from here. He honestly has no idea what this is about. No one told him what happened to prompt this suspension, he doesn't know anything. Just that he's not to go back to work until the HR lady calls him and that's it. He did file for unemployment last week, but I don't know what else we can do. Thank you.

Answer: Filing for unemployment and waiting/looking for other work is pretty much all you can do. Sounds like something serious happened and they don't know who did it so they're suspending everyone while they investigate.


Title: Do I need a public defender for a DUI I'm not planning to contest?

Question: I got a DUI when I swiped a parked car in my neighborhood.  I was at the highest level of BAC for a DUI, >.16%.  I know I can get a public defender for free, but if I'm not going to argue anything, is he going to say anything that will help me?  I'm a first time offender, and have no clue how courtroom proceedings happen, so it seems to me that if I get someone to represent me it will look worse than if I just go in and be honest and accept my punishment.

Answer:
 No court will punish you for having representation.

Admitting your crime can certainly help alleviate the punishment, in some courts.  And you're absolutely free to plead guilty, even with an attorney.  The attorney can best advise you as to whether pleading guilty is the right move, and can help you with sentencing and any other legal questions you might have.

> I...have no clue how courtroom proceedings happen

This is exactly why you need an attorney.  Screwing this up could lead to pretty hefty consequences, more than you may strictly deserve.Answer #2: One should never plead guilty to a criminal charge without consulting with an attorney.

> if I get someone to represent me it will look worse than if I just go in and be honest and accept my punishment.

Total myth. An attorney protects your rights and is often more successful in working a deal. NOT having an attorney makes you look like somebody who doesn't care what happens to them.

One thing you can be doing right now is getting treatment for your alcohol problem, before the court orders it. That shows you are serious about recovery. Answer #3: The state is represented by an attorney. Why shouldn't you have the same advantage?


Title: Paid $5,000 for a full custody lawyer. Caught my baby mom cheating

Question: I caught my baby moms cheating and she admitted it and the police was called and she was told to leave the apartment. Police said I can keep the daughter in my apartment. I hired a full custody lawyer for $5,000. My baby mother had no car in her name, no apartment, and no job. I’m in the military and can provide for her more than the mom. Do you think I have a good chance of winning ?

Answer:
 Cheating doesn't affect custody in the US. Listen to your lawyer since you already paid for one

Did she live in your apartment before that? Sounds like you may have illegally evicted her


Title: Relative passed away, married for only a couple months, will changed last minute and beneficiaries are all messed up - need help!

Question:
Here is the situation. My relative passed at the end of April due to health issues that we knew were coming. He married his girlfriend a couple months before he passed and had changed his will around the same time.

The issue that we (family) have is that the new will changed a lot but the main concern is the beneficiaries of his 401k and life insurance.

The will states that his wife is to receive all his belongings and houses (which is fine we knew that would happen). It states his life insurance policy is to go to his wife as well. This is where the first issue arises. Although he changed the will to state the policy goes to her, the named beneficiaries on the policy were never changed. As of right now the wife does not know that she is not the named beneficiary and those named have been contacted by the company that holds the policy.

The 401k is set in the will to go to family. Now this is where the second issue arises and where we are truly confused. Due to Michigan or US law, apparently the wife is entitled to the 401k. After some research we found that, due to some law, at most she would be entitled to half the 401k. There also might be an issue on named beneficiaries to the 401k as those who we thought would be named and were at least named in the will have not been notified as such or given access to any knowledge of it when requested.

Does she have any rights to the life insurance policy or 401k as stated? Is there any way to fight the 401k if for whatever law she receives it?

We know that legally he might be considered not in the right state of mind when he changed the will and when he got married. However, we do not want to defame anyone's relationship by contesting it.

Answer:
 You will almost definitely need a probate lawyer. **In general**, the named beneficiaries on life insurance policies and investment accounts are the only thing that matters. What's in the will is irrelevant. As said above, the proceeds of life insurance never belonged to the decedent, so the will doesn't get applied to them.

However, many states know that people are bad at updating things, and have provisions for some things to automatically go to the next of kin or for the survivors to make a claim, especially if the death occurs shortly after a marriage, child birth, or divorce. If the new wife makes such a claim, the will can be used to show his intent to leave something for her, which strengthens her case. This will be for a probate court to determine.Answer #2: You need a probate lawyer.


Title: [California] I believe my 17 year old female friend was molested at a party last night.

Question: My friend, who is a 17 year old female, had a New Year's Eve party last night and some of the guests stayed over night. She wouldn't tell me all of the details, but when she was trying to sleep in the living room, one of her male friends (I don't know his age, and he may have been under the influence of some drug) came up behind her, touched her hair, and said "I want to fuck the shit out of you," amongst other things. One of the other people trying to sleep in the room overheard all of this. She left the room and got help from two of the other people attending the party to remove the guy from her house. I told her she should tell her parents and consider going to the police, but after speaking to her mother she told me she didn't think she would have a very strong case to make and that nobody would believe her. I still think she should seek legal help. Can anybody give me some advice? Thank you.

Answer: All he did was touch her hair? That's not molestation.


Title: (NE, Military) Got a ticket in a private parking lot, while driving a rental. Any consequences if I don't pay it?

Question:
Was on military orders out of state (Nebraska) and went to dinner with an old friend. The signs posted on the lot said free parking after six pm, but I think that only covers part of the lot.

Got out of dinner and found a ticket; it's not a city ticket but a private company who runs the lot.

Considering I'm on military orders and in a rental, will there be consequences if I don't pay, or is this the sort of thing I'm better off just chucking it up to poor signage/bad luck and paying it?

Answer:
 Private lot tickets are dicey, in my experience most don't follow up because their authority is grey in the first place. Plus most do not have the authority to track the plates.

&#x200B;

The worst that they will do is bill the rental agency, which will 100% bill you....if they are billed.

&#x200B;

I would let it ride


Title: Would the following two scenarios constitute rape in all states?

Question:
Two sex partners who are not exclusive and only known each other for a few months get into BDSM. One ties the other, puts a mask over their eyes and proceeds to have penetrative sex, all of which are done consensually. Now a third person is allowed into the room without the tied partner’s knowledge. They proceed to have sex and all of them enjoy it due to lack of awareness that there’s a third person in the room. When the mask is taken off, the person becomes traumatized by the fact that someone they don’t know was allowed to have sex with them without their consent.
Does that constitute rape?

A wife proceeds to have donor insemination from her husband’s brother. She and her husband both agree to that, but when the doctor is supposed to inseminate her with the semen of her husband’s brother, he uses his own son’s semen instead without receiving any form of consent from the wife or the husband.
Does that constitute rape?

Answer:
 Don't get caught up on the specific names of crimes.  Both of those would be criminal acts in every state in the US.  In the first instance, it might be called "rape" or some kind of sexual battery that would likely carry roughly equivalent punishment.

The second would be an assault or battery, probably not "sexual" since it isn't a question about sex, but of unwanted touching in general.  The doctor would also face license suspension, probably permanently, and be open to a massive lawsuit (likely not covered by their malpractice policy).


Title: Tenant rights in Texas

Question:
I'm submitting this on behalf of a friend with a wife and young daughter.

They went home last night and found all their belongings packed up and a sheriff in their living room who told them they were being evicted. The home they were living in is owned by their relatives, but managed by a third party. The third party didn't like them because they lived there too and pretty much trashed the property.

My friends recently spent several thousand dollars upgrading the living space, aside from the rent and utility bills.

As far as I am aware they were up to date with all rent and utilities, and were more or less carrying the upkeep of the apt. I'm familiar with California renter laws, but not Texas.

A bit of an aside, but the relative who owns the property is a few sandwiches short of a picnic basket upstairs. They're almost 90, and pretty much just signed off on them being evicted at about 11pm because of said third party.

Obviously specifics cannot be given, but if anyone is familiar with Texas housing laws, I would very much appreciate any resources my friends and I could read up on.

I'm fairly sure this was an illegal eviction, since it happened in the span of a few hours, right after they paid over 1k for rent utilities and fixing up the place, and since they were living there for months, but it would be really helpful if I could direct them to some resources or statutes/case law

Thanks in advance.

Answer:
 If the sheriff was involved then a judge ordered the eviction.

You can Google landlord tenant law in Texas. There are links in the wiki also. But there is a court order. So the law is being followed, per the judge. I am guessing you are missing part of the story. Answer #2: An eviction doesn't happen within a few hours unless there is a serious public safety concern. Otherwise, if there was an eviction order, then the case went before the judge and there would have been a hearing. They would have gotten notice of the hearing via service, so this wouldn't have been a surprise thing.

There's a lot of the story missing here.


Title: Divorce process

Question:
STBX verbally agreed to move out, and sign a uncontested divorce.  Then once every thing was moved out is acting like it was a forced move and is refusing to sign. Is refusing me visitation to see our children. Is refusing to return my paychecks( Joint account at the time) now is demanding I take over the stbx's car payment.

State is Alabama.
What options s do I have.

Answer: Hire an attorney and file for divorce, settle in for a bitter fight.