Title: Help! Verizon is trying to screw me over.

Question:
Florida

Background to my case,

So I have a basic iPhone 4. Had it for almost 2 years now. Took great care of it, never cracked the screen dropped it or damaged it physically. About two months ago it started over heating really bad. It wouldn't hold a charge and would die within a couple hours. It would get so hot it would almost burn you. The only way I could even get it to charge at all was to put it in the fridge while it was plugged in, which would hold it at standard room temperature. Since all my business is conducted on my phone this is a huge issue for me, so I decided to trade it in under warranty for the same make and model. ( note this is a 2 generation old phone now and was a free upgrade)

So I go through the whole process of explaining what's wrong and as proper protocol goes they send me my replacement phone. I send them my damaged phone and move on with life. Everything is going fine and dandy until today I receive an email saying I'm getting charged 299.99 for physical damage that's not covered by warranty on the phone. The claim says it's water damage. I don't know how this is possible at all since I have never dropped it, took it out in the rain, or even remotely done anything close to bringing it around water in general.

After 50 min on the phone and being transferred over 6 times to different departments I've been told every excuse under the sun of why they can't refund this. What's crazy too is this was a free upgrade! Shit I'd rather them just send me that phone back and ill send them there new one they have me, but nope can't do returns neither. So I'm being charged 300 dollars for a phone that costs them nothing because it was mine in the first place and I can't get it back to wipe off the charge and I didn't actually do anything to cause this magical water damage.

I don't know what to do. I feel like I want to lawyer up but I don't know if this is a case I could even remotely come close to winning considering I can't prove I didn't cause that corrosion damage.

Any helpful thoughts or ideas about how to go about this would be greatly appreciated. Or even the sad reality that Verizon may have just got away with fucking over another one of there customers...either way any input is helpful for me right now.

Answer: Placing it in the fridge may have allowed condensation to get inside, and trip the moisture "sensors."


Title: Dog Bite Dilemma (CA)

Question:
(CA) June 6th, my boyfriend and I took our dog out to eat with us at a restaurant. We sat outside, where dogs were permitted. I had my dog on a retractable leash, locked with just enough slack to sit comfortably next to me. As I discussed food options with my boyfriend, I was turned away from my dog. She came up on my blind side, knelt down and attempted to kiss my dog. He bit her nose and she ended up getting three stitches. There was no police report. Currently waiting for an accident report from the restaurant.
From my perspective, it’s 100% negligence on her part. Not only did she NOT ask for permission to pet my dog but she was clocked in at a restaurant. I just received a letter from a personal injury attorney stating that want to “prosecute an action for injuries and damages from MY negligence”. I know she filed a claim with worker’s comp. I’m assuming she got denied and that’s why she’s trying to come after me? Thoughts? Help? Insight?

Answer:
 CA Civ Code § 3342 (2017)  -

(a) The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.

You’re responsible for what your dog does when it’s in a public place.


Title: Aunt sold pain killers to her nephew (my cousin)

Question:
I'll keep this short. So my family found out my aunt(Elle), who has a prescription for hydrocodone, sold some pills to her nephew(Jay), who we just found out is an addict. Jay got caught with the pills by his dad. His dad is now wanting to report Elle to the police for selling the pills to his son. What kind of trouble will my aunt(Elle) be in?

Some additional information: the state is Illinois, Jay is over 18, I believe Elle may have a prior charge for possession of painkillers, the evidence Jay's dad has is a text message conversation between his son and Elle about the sale of the pills from Jay's phone, Elle's phone is a prepaid phone not registered in her name. Elle spoke to an attorney and he told her to trash the phone and get rid of it. What is the likelihood that Elle will get off of being punished if she just denies having that text conversation with Jay?

Thanks for reading and appreciate any feedback.

Answer:
 >What kind of trouble will my aunt(Elle) be in?

A lot.  She was selling a controlled substance.  She is now a drug dealer.  Answer #2: If Jay has any controlled substances still in his possession, he may be prosecuted for possession. Paraphernalia charges (if he has needles, grinders, etc) are also possible.

Your aunt could be prosecuted for illegally distributing controlled substances - informally, for dealing drugs. The fact that Elle has a burner phone doesn't look good for her, but likely isn't meaningful evidence in and of itself.

Nobody can speculate on the odds of a conviction, but if there's credible testimony that would establish the facts of any actual charges beyond a reasonable doubt in the eyes of a jury, the absence of the text messages might not matter.


Title: Violation of First Amendment by a City?

Question:
Hello r/legaladvice,

I was wearing a political shirt (it said "Vote for \[name of the candidate\]") at a flea market inside of a city community center and they told me I had to turn it inside-out as I was not permitted to wear it on city property. I complied, but later followed up with the city clerk to ask about this because I couldn't find any city ordinance about it or any state laws about it.

The city clerk responded by email and said it is "city policy" (since July 2018) and attached this memo, signed by the mayor (but has never been approved by the city council or anything of that nature).

For the record, the shirt I was wearing had the name of the candidate that is running for office in the city.

State laws (Florida) say that one cannot "solicit contributions inside of any government building" but wearing a shirt is a completely different thing than soliciting contributions.

Is this a violation of the first amendment? How can they tell me what not to wear? Pursuant to what authority is this happening and what is the penalty for noncompliance? How should I follow up with this? I am a volunteer for this candidate and frequently go to events on city property - if they are going to accost me about my attire again I want to know how to follow up, respectfully.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\[MEMO\]

The City of \[---\] prohibits campaigning on City property:

A. City property is defined as all City Parks and City Facilities i.e. \[---\] Library, \[---\] Historical Museum, City Hall, \[---\] Park, \[---\] Park, \[---\] Park, and any other facility owned and operated by the City of \[---\].

B. Campaigning is defined as a connected series of operations designed to bring about a particular results. In the City of \[---\] under the definition of campaigning, it includes the following: distribution of political literature, novelties, wearing of political/candidate endorsement clothing or political/candidate badge, receiving campaign contributions, seeking political endorsement and speaking at public meetings.

C. Campaign Exception: Individuals, Groups, Clubs, or Organization who have acquired a City rental permit and paid a fee for an event at any City Facility, City Park, or any other facility owned and operated by the City of \[---\], have granted candidates the permission to campaign at the event, then the candidates may campaign.

\[Signature of Mayor\]

7-9-18

Answer:
 Yeah, I would agree with you that as applied, this is probably a violation of the First Amendment, because that's an awfully broad definition of "Campaigning" and seems unreasonable on its face.

You might want to seek a meeting with the city attorney to discuss it.

ETA: The definition of "campaigning" is both overbroad and vague, IMO.  It says its "a connected series of operations designed to bring about a particular results."  But merely wearing a vintage Clinton/Gore t-shirt is not within that definition, but does include "wearing of political/candidate endorsement clothing."  It would also seem to encompass activity such as voter registration drives and other nonpartisan activity that involves politics or voting.  Answer #2: Yeah that’s a clear 1st Amendment violation.  They can restrict speech in a public forum in a reasonable time, place, and manner.  Since the t-shirt wasn’t disruptive and it wasn’t a polling station, the restriction isn’t reasonable.   Also, the restriction is not narrowly tailored and does not provide alternative means of expression.

Also, take  a look at the US Supreme Court case Cohen v. California.  During the Vietnam War a guy wore a jacket that said “Fuck the Draft” in the LA County Courthouse.  He was arrested.  It went all the way to the Supreme Court, which ruled that preventing him from wearing the jacket violated his 1st Amendment rights.  Answer #3: If you don't have much luck with the city attorney, you can bring it up with a friendly city council member. This seems worthy of a city council hearing and an official, public vote on this overbroad "policy."


Title: School wants me to keep my hair short. How to make them allow it. [M]

Question:
I am a male high school student and my hair that has been growing for a year. My school has threatened to put me in a thing called ISS which stands for in school suspension. Eventually they did but my parents came and fought the school so they took me out of iss and even had the school remove it from my file. I have been fighting the school since last year and my parents are currently in a lawsuit with the school. My parents want me to go to a school board meeting and do a speech which tells them to change the rule or my parents will go ahead and further push the lawsuit. If anyone can help me figure out what to say at the meeting that will actually help. I am currently thinking it’s discrimination but I do not know how to state it.
Topic:
School Related Issues

Answer: Is there a religious belief that is behind the hair?


Title: [WA] Employer gave me numerous job duties contradictory to Dr orders exacerbated my injury. Never gave me drug screen before now wants me to take one.

Question: I've been employed with a very large international corporation for 2 and a half years. I was supposed to be given a pre employment drug screen but was never sent and put straight to work instead. Also, I was injured last year and was never required to take a drug screen at the time of the accident nor upon my return on light duty. So I was injured on the job this past July and was released by a doctor for light duty (I shouldn't have been released yet and my new doctor agreed) but I showed up as I was required. I was given job duties contradictory to doctor's orders listed on the APF and it exacerbated my injury. I called L&I and asked what I should do and I was advised to go to the hospital. So then my doctor was pushed by L&I to release me again for light duty recently and upon my return to work, the supervisor took me down to US Healthworks and wanted a drug screen. I wasn't able to find a whole lot with a google search on this specific kind of situation (still can't) but was able to find that they need just cause and at least give me 60 days notice. So I refused to take the urinalysis and when we got back to the office I was sent home. And now I'm being told my continued employment is contingent upon me submitting to a urinalysis. What are my options here for being given job duties contrary to doctor's orders and being given a drug screen and what kind of attorney can handle this sort of situation?

Answer:
 Looks like they can ask you to get tested:  https://www.nolo.com/legal-encyclopedia/workplace-drug-testing-washington.html

I have never heard of any state restricting drug testing with "60 days notice."  That's enough to flush almost anything out of your system.

Though if they only find prescribed medicines in your system they cannot penalize you for that.


Title: Demoted while on maternity leave

Question:
I work for a large corporation, currently on maternity leave. A C-level executive was vocal prior to my leave that “women should not be in leadership” specifically because of maternity leave. While I was on leave, the department “restructured” and I was removed from leadership and given a new title.  Boss has been unable to articulate new roles and responsibilities for this position. I’m worried my growth opportunities with this company are now limited, whereas before I was on track towards senior leadership.

Now, company wants in writing that I officially accept the new position. My boss has called and texted to push for documented acceptance while I’m still on leave.

Prior to all this, I’ve reported multiple incidents to HR about discrimination against other women and minorities in the workplace, which didn’t go anywhere, and at this point I don’t feel reporting to HR is a great option.

What are my options?  When I return to work soon, how should I approach conversations regarding the new position and requests for my acceptance?  If you suggest I speak to lawyer, how do I go about finding one with the right expertise for this situation?

Answer:
 I think itd be in your best interest in detailing in your post what state you work in. People have a hard time helping without all the necessary information. Answer #2: Not a lawyer... But I am in HR (and have an employment law minor in addition to my business degree... It's minimal I know but I do have exposure) and work very closely with the Family Medical Leave Act in my current position... Sounds like an FMLA claim to me. Shouldn't matter the state as FMLA is federal stating that you're entitled to leave due to a medical condition and or pregnancy and can have the same or an equal role upon your return. Look into an employment attorney Answer #3: You didn’t post a location.

Speak to an employment law lawyer.


Title: Advice on reporting suspected child abuse/neglect

Question:
I have a relative with 4 children who lives with her mother. She is a single mother, unemployed, and completely overwhelmed with her "unruly" children. I've noticed signs of extreme neglect on her part, and have brought it up with her and the other adults in the house. She always has a convenient excuse for each case, which her mother is gullible enough to believe. The other adult is her autistic brother who honestly does not understand the gravity of the situation.

&#x200B;

Today, I noticed the signs of abuse for the first time. Her 6-year-old boy had 2 large marks across his back. When I asked him about it, he shied away (usually he is proud to brag about cuts and bruises he gets while playing). I tried getting a closer look at them without making him uncomfortable. They were bright red, swollen, and the perfect shape of a belt. I suddenly recalled a few times when the oldest children (both 6) had injuries that were dismissed as rough-housing during playtime. I had debated on reporting her, but wanted to offer help to her once last time before hand. Seeing wounds on the back of a scared 6-year-old changed my mind completely about that. I'm going to Family and Children Services to report her as soon as possible.

&#x200B;

My only qualm is what will happen to her mother and brother. Though her brother is autistic, he is legally an adult and her mother really is naive enough to believe everything she says. Is there a chance that they would be charged with child endangerment for being in the same household without reporting it? Also, is there a certain way to anonymously report abuse/neglect situations? I live in Georgia if that makes any difference.

Answer:
 Call the number listed in the third paragraph: https://dfcs.georgia.gov/child-abuse-neglect
It’s a 24 hour line, so you can call tonight. You can report anonymously to the extent that you don’t have to give your name, but calls are recorded, so they’ll have your number.

I find it hard to believe that her mother and brother would be charged with anything, but at this point, the primary concern has to be the children. Please go ahead and call. You can share your concerns about the other adults and their limitations when you call.

ETA: Time is of the essence with this situation, as they need to be able to get someone to interview the child while there’s still evidence of abuse on his back. Please don’t wait.

And don’t look at this as punishing the mom. She needs help. DFCS tries to keep families together, and that often!involves connecting them to needed services in the community.


Title: Police called my brother to set up an interview....

Question: So yesterday my brother received a call from the police asking my 23 year old brother to set up a time to ask him some questions. We’re in the Chicagoland area. My brother states that there are really only two things they could be questioning him for. One being he has an eBay account selling a lot of free movie merchandise that he received when he worked at the theatre. This includes posters or like pins that they hand out before a movie to promote it. He has made a lot of money doing this, around 2,500$. The only other possibility is he stole a jacket from a store a week ago. Could this be why they want to talk to him? Should he have a lawyer present just to be safe? Is there any risks of him going to this interview and being arrested? Thanks for any advice!

Answer:
 He should not go to the interview unless he hires a criminal defense attorney who will go with him.

Note: The defense attorney will almost certainly tell him that he should not go to the interview.Answer #2: They’re definitely calling about the jacket he stole last week. They have probably identified him as a suspect in a lot of other thefts at that store or similar stores in the area.

He’ll have an arrest warrant issued in the next few weeks/months.

Oh, and don’t go to the interview. It gains him nothing.


Title: Employer hired me to a position with full knowledge of my not having a degree and now is claiming they did not know and letting me go.

Question: Hey guys thanks for reading.  As my title states I was hired to a BHP position in Maine 6 months ago.  When I was interviewed I made it clear that I did not have a degree and the interviewer told me that I was still qualified.  I was hired and fully processed with full knowledge of my education status on part of my interviewer, the person who processed my paperwork, and My new supervisors.  They have a copy of my current level of education on file and the position was not advertised as one that necessitated a degree. Yesterday I received a text message from my supervisor saying that I had to provide a copy of my bachelors degree to my employer.  When I spoke with my supervisor over a phone call he claimed that he had no knowledge of my level of education despite my full disclosure of my education status to both he and my other supervisor as well as the rest of the hiring team and my current education status being on file.  He informed me that I would not be able to return to work without providing proof of a degree or 90 credits.  He continues to claim to have not been informed despite my full disclosure and blaming his team for the 'mistake'.  Is this just very unprofessional behavior, or has he violated the law in some way?

Answer: Not illegal.


Title: [E-zpass MD] Civil penalties on paid toll + not notified of tolls

Question:
Hi,
  So I will put it concisely.

1. I travelled through MD late last year. Paid all tolls in cash.
2. EZpass sent me toll violation notice for $6. I checked online and found amounts upto 18$ total. Lazy to contest and go to court, I paid it.- Feb 2016. (have bank statement)
3. May 2016, Ezpass sends me toll violation notice for all 4 of already paid, **unnotified** tolls, with $50 civil penalties each.

I can contest it, but I live out of state, so I would not want to appear in court because I would end up spending 100$ travelling there.

What is the best course of action here?
Topic:
Traffic and Parking

Answer:
 Send them a letter with your proof of payment and let them research.  They will either:

* Conclude they are wrong and correct the bills
* Give you an accounting suggesting you are wrong and ask you to pay
* Not figure it out at all, in which case your solution will be to go through the formal method of protest


Title: [GA] Landlord wants to double my rent mid-lease.

Question:
The house that I live in was recently purchased, and shifted over to new owners. At first, they tried to serve me with a notice to leave, but under the current lease, they are not allowed to do that. After I shot that down, they tried to get me to sign a lease that amended my current lease and gave them the right to do that, and gave them access to my basement for their own purposes. I refused to sign it.

That was last week. Today I receive a notice in the mail that they're increasing my rent from 510 to 1,000, effective the beginning of next month. I don't think my lease even allows them to raise the rent. It does, however, have a clause that says "in the event of an increase, I have 30 days to terminate the lease." Furthermore, I'm pretty sure this kind of action would be considered a retaliatory rent increase, and is illegal.

Here's the language on my lease: http://imgur.com/a/hfwOA They are trying to increase it based on section 3.

I feel like this is pretty cut and dry, but I'm concerned that there not being a clause that strictly prohibits them from raising it is allowing them to do it. Either way, I still think I have evidence to show it's retaliatory, given the unreasonable amount of the increase and the two previous attempts to remove me from the premises.

Answer:
 IANAL

Landlord is full of...stuff.

The phrase "in the event of an increase, I have 30 days to terminate the lease" refers to a rent increase after your current lease period expires. For example, you get a notice that your rent will go up starting in August 2017. You have 30 days to terminate, which is pretty much normal.Answer #2: Retaliatory or not, the landlord may not increase the rent on your lease until the current lease has ended. I'd let them know that, as was the case with their other failed attempts to get you out and/or screw with you, you are living on the premises under a valid lease until July 2017. Answer #3: If they want you out, tell them you're accepting cash offers. If they refuse, tell them to pound sand.Answer #4: If you negotiate a buyout (*and I would ask for the full amount of rent remaining in the lease...so if you pay $1000/month and you agree to leave by December, they give you $9k to get through August*), make sure you get them to release you from any liability from damages, etc. They seem like vindictive assholes who don't understand what is and isn't legal, so you should protect yourself from future attempts at getting their money back.


Title: [FL] Legitimate Narcotic/Opioid Medication Use and Driving

Question:
Merry Christmas everyone!

I live in Florida, and I suffer from chronic pain. I take several types of meds, including a muscle relaxer, a slow-release morphine and fast-release morphine.

These drugs do not cause me any issues while driving or in my daily life, as I have no noticable side effects while using them and have been consistently using them for 6+ months.

My question is, if I were pulled over, would it be an automatic DUI, even though I have no issues? I might have issues doing a roadside sobriety test because of my back pain and stability, so that's probably not in my favor.

I always drive the speed limit or +5, if I am on a major roadway and trying to stay with the flow so I don't have to worry about getting pulled over.

Also, If a police officer asked if I was taking anything, would I have to legally tell him? I know these sound like stupid questions but I want to cover myself in case of a worst case scenario.

Thanks everyone, and Merry Christmas/Hanukkah/Holidays!
Topic:
DUI

Answer:
 If you were found to be impaired while driving, you would be charge with a DUI. It wouldn't matter if the substance that impaired you was legally obtained and used. Even legally used drugs can impair driving to the point where you should not be on the roads.

BTW, driving "with the flow of traffic" is no defense to getting a ticket. If you get pulled over speeding, just because everyone else was speeding will **not** aid your defense of that ticket. If the officer also determines you are impaired from using your legally prescribed meds, you will get a DUI and be arrested.Answer #2: >I always drive the speed limit or +5, if I am on a major roadway and trying to stay with the flow so I don't have to worry about getting pulled over.

If you're driving anything over the speed limit, you're providing the police a valid reason to stop you.  Do the medication warning labels tell you not to drive while consuming those drugs? I suspect that you'd be in a rough spot if you're taking morphine and analogs, test positive for them, and need to defend your driving style to a jury.


Title: Son arrested under false rape allegations

Question:
WA State

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Throwaway account for obvious reasons.  Sorry for any typoes, I'm at work and typing this in a hurry.

&#x200B;

Our son has been arrested for rape on what he swears on his life are false charges.

&#x200B;

In April, he was interested in a girl.  They sent nudes to each other, which I can't stand as a parent but happens in the modern day between two consenting teens with hand held super computers connected to the internet in their pockets.

&#x200B;

This girl was dating a friend of his for a long period of time, years as I understand, and he always liked the girl.  He has talked about her in the past in a "I wish they weren't dating as she's so great" tone.  After they broke up, she apparent'y expressed interest in my son and they were texting online, and eventually moved to the suggestive "sexting" and Snapchat nudes, etc.

&#x200B;

My son asked her if she wanted to go off roading in his 4x4 pickup with him and his friends as their first actual "date".  She said yes, and they all went.  She and him were the only occupants in his pickup during the off road drive.  His friends with their GF's and buddies were in other trucks.  A total of 6-7 people went on the off road trip.  They all had a good time and headed back.  My son drove her back and got her home at around 8pm.   This was a Saturday night I believe.

&#x200B;

As he is walking her to the door, they started kissing.  My son agree's with the story up untill this moment.  She told the police that what happened on her porch was that he forcibly stuffed his hand down her pants to the rear, then brought it around to the front.  She said "No" to him in the police statement.  She stated that he "penetrated her with his finger".   She states that she felt afraid of him and violated.  I can imagine if this happened that she would feel this way, and the thought that my kid might of done this makes me enraged.  If he did this I want him to be held accountable.

&#x200B;

He of course claims that this did not happen.  His version is that yes, they kissed but that he not do anything more than that.  She said her brother was home, and he felt stupid on the porch and decided to leave.

&#x200B;

What he states happened is that her ex boyfriend of a few years was jealous that she went on this date.  He believes that  she told him a story to him to gain sympathy with him and look to be a victim to him and his family.  Now I would discount this if this ex-BF had not had multiple run in's with my son's friend group.  He pulled a knife on our son, which local police said they would make sure nothing became of it because they know his father.  This ex-BF also threatened to commit suicide when on the phone with my son's good friend.  My wife was present during this exchange and we have Facebook chat's of her talking to this boys mother about the situation and to get the police involved.

&#x200B;

My son, nor his mother and I had not heard anything about this case aside from when the police talked to him in April/May when this all happened.  He told them this didn't happen and he said he wanted a lawyer.  They did not provide him one, and as far as we could tell dropped the issue.  We thought this was over with.  We were very wrong.

&#x200B;

This bring us to present day.  At this stage, now months late, my son was summoned to court to submit his plea for the crime of Rape in the Third DegreeHe coincidentally happened to be home when the letter arrived after being out of time with a job.  The letter was dated Nov. 8th, but was actually post stamped the 13th.  We received it the night of Friday the 16th - and the court date was following Tuesday the 20th.  the Tuesday before Thanksgiving.  Try getting a good layer to be in court when you are calling them the Monday before Thanksgiving.  Needless to say he did not have a lawyer other than a public defender that talked to him for 2-3 minutes before submitting his not guilty plea.  My son has priors for Felony Graffitti (due to the amount of damages) and misdemeanors for assault.  He's not been an angel.  The judge looked at his juvenile record (he is now 19) and set his bail at $50,000 and took him into custody.

&#x200B;

My son doesn't want to deal with all the craziness.  The boyfriend is clearly an emotional wreck and he is getting all sorts of social media threats.  The girl is acting crazy and he doesn't want any of it.  He loses interest over the girl.  He didn't know what he was getting into with all this and backs away from her quickly.

&#x200B;

We see the girl police report and the charges filed by the county.  Since the girl was 15 at the time of the event (three months from 16) and he was two months into being 18, they are treating this as a sex crime against our son where due to the social media chatting and requests and sending of nudes he is being prosecuted as a sex criminal who groomed a victim.  It's unbelievable.  My son swears that he didn't know she was that young and states she told him she was 16, but also said he would have dated her regardless.

&#x200B;

His next trial is in early January, and since we are not taking out a lien on our house to bail him out he is going to be in jail over xmas.  We have since gotten a criminal attorney who was recommended to us by a close friend.  They have met once at the jail to discuss the case.

&#x200B;

I have no idea what to think at this stage.  We are pretty overwhelmed and I believe my son is innocent.

&#x200B;

TL;DR Son arrested over rape allegations that appear to be false.  He is in jail and don't know what to do other than get a lawyer and wait.

Answer:
 >In April, he was interested in a girl. They sent nudes to each other, which I can't stand as a parent but happens in the modern day between two consenting teens with hand held super computers connected to the internet in their pockets.

In sounds like your adult son may have been receieving and/or soliciting child pornography and sending pornographic images to a child. That could be a big problem.

He has a lawyer so you're just going to have to wait and let them deal with this.

ETA: That the age of consent in WA is 16 and it appears that there is no close in age exemption.


Title: Atlanta - Roommate's dog ruined the carpet, all the tenants get charged. Roommate wants us to split the charges.

Question: I lived with 2 roommates in an apartment for the past year,  one of which has a dog. The dog defacated and urinated on the brand new carpet almost daily for an entire year. After a month, the roommate stopped spraying the carpet with strairn remover. After a couple months, he stopped even addressing the urine. The carpet was completely destroyed 4 months in. I tried to shampoo the carpets near the end of our lease, but it was useless. I told him are going to be charged for the damages, but he writes it off saying, "our security deposits will cover it." As expected, upon moving out, we are charged $1,400 all of which is for replacing the carpet. $450 of it is covered by our security deposits, which leaves$900. Legally we are all being charged for the damages which makes perfect sense because it is not up to the apartment to decide who should have to pay. However, they did say, had it not been for the dog, we would not have been charged for anything. The roommate feels we should all have to split the charges, since we all lived there together, but for obvious reasons I disagree. What choice do I have legally? We obviously have to pay in order to prevent being sent to collections. Can I sue the roommate in small claims, if I have picture proof of the damages and a written statement from the apartment about what was the cause of the damages?

Answer:
 > We obviously have to pay in order to prevent being sent to collections.

Correct.  And whoever pays could sue the roommate, providing that he agreed to take care of the dog - or, more likely, you *didn't* agree to take care of the dog.Answer #2: Yes, you can pay your share of the $900 to the landlord and then sue your roommate for that amount plus your share of the deposit that was withheld for the damage. Answer #3: The roommate is liable to whomever pays the landlord for the part of the damage he caused. For example, if you were to pay the full amount to the landlord (do account for your respective parts of the security deposit), you could recover all of it from the roommate with the dog--assuming you can prove all the damage is his fault.

It's worth keeping in mind that there's a good chance your roommate does not have an extra $1,000 lying around with which to pay a judgment against him. Plan for the possibility that you may not be able to collect.


Title: [US, IL - Chicago] The city mistakenly took my bike and destroyed my bike lock, preventing me from working

Question:
I'm an hourly employee (W-2, not an independent contractor) for a dog walking company. My shifts are contained to certain neighborhoods of Chicago, so I'm required to have a bicycle in order to ensure travel from one dog to the next is as efficient as possible.

My apartment building has a few hundred residents and only one bike rack, so I was pleasantly surprised to see a notice of abandonment on the bike I usually park mine next to. These notices state that the owner of the bike has 7 days to relocate the bike or claim it via a phone number, or it will be removed and disposed of by the city. Apparently, there were several other bikes parked near my building that were also marked for removal and mine was accidentally removed with them.

When I saw that my bike was missing, I called my building's property manager and, sure enough, they had been told that the removal crew had accidentally taken a bike that wasn't abandoned. After I gave the Department of Transportation my bike's serial number and a description, they were able to locate it in their warehouse and gave me a phone number to call in order to have them deliver my bike. Whoever schedules that is out of the office until tomorrow morning, so I do not have my bike back, nor do I know its current condition.

I bought my bike brand new from a bike shop in mid-August. I have the receipt with its serial number and purchase date, but I don't have any pictures of it. I also have a receipt for the bike lock that they had to break to remove my bike. My bike was parked and locked legally in the bike rack in front of my building. It did not have a notice of abandonment, nor did it meet the abandonment requirements (inoperability or indication of being deserted).

Assuming my bike is returned in working condition, where do I go from here? I was scheduled to work today, but couldn't without my bike and can't until it's returned. Can I take the city or the Department of Transportation to small claims court for lost wages or should I just file a claim for damage of property (my bike lock)?

TLDR; Chicago removed a bunch of abandoned bikes, accidentally taking my brand new one with them. They've admitted they're at fault and will give me my bike back, but I'm unsure as to how to proceed seeking compensation for the bike lock and lost wages, given that I bike for a living.

Answer:
 Chicago (city proper)  has a website for making property damage claims: https://www.cityofchicago.org/city/en/depts/other/provdrs/clerk/svcs/file_a_claim.html

If you're in one of the surrounding not-actually-Chicago areas, there may be something similar.

Lost wages may be tough to recover, but property damage is likely a lot more straightforward.Answer #2: You can likely get back the money for the lock and maybe lost wages. You can call the city and ask. But you will have to prove your wages that you lost


Title: I'm a german backpacker who got caught with weed in Sydney. I have to go to court because the policemen weighed it with the plastic bags it was in. Any legal advice on what i have to expect?

Question:
So this happened a few weeks ago already. I got busted while smoking a joint and had about 12 grams of weed, packed into five other plastic container bags in my backpack. Besides that I had a scale, a grinder and other supplies with me. So when they found it, they asked me if i know how much it is and i told them that i'm not really sure. After that, they took my own scale to weigh it and left the actual weed in all the plastic bags while weighing. On my request to please just weighing the weed itself they told me, that they have to weigh it how they found it. So the scale showed 23 grams. I convinced them that the scale is only for personal use and after all the searching was done, i was even able to keep the scale. They sent me a mail with the note that i got a court date and with a report of what happened, which was full of mistakes. The fact that they used my scale seems a bit odd to me, too. Now i've got a court date and no clue what's awaiting me. I'm sure that it was less than 15 grams, which would mean i just should get a warning for this, if i'm right informed. But what's about court fees? How high can they be? Could I just leave the country to get out of the situation and come back in a few years to visit the country? Should I get a lawyer for the court date?

Please help me r/legaladvice!

Answer:
 If you leave the country with a charge pending, your chances of receiving another work or tourist visa will be *extremely* slim.Answer #2: Each bag doesn't weigh 0.02, unless you were keeping it in gallon size ziplocs or something.

Edit: this is pertinent to the discussion because OP is arguing that if you remove the bags, it was less than 0.15, but the police weighed all 5 bags at 0.23. If I'm not mistaken the penalty is more severe because with the multiple bags, it possibly proves intent to distribute, and it's possession of an amount over 0.15.Answer #3: /r/AusLegal/ deals with Australian issues.  /r/legaladvice is mainly US related mattersAnswer #4: What possible reason would you need a scale for personal use?


Title: [CHICAGO ILLINOIS] Can I face charges for buying cigarettes in Indiana and bringing them back to Chicago if they're for personal use?

Question: Though it's a vice, my wife and I smoke. To save money we've been rolling our own, but miss the quality of our old brands. The taxes on a pack of smokes are outrageous here. A pack costs almost $13.00 and they're sure to go up. I've toyed with the idea of going to Indiana like on a megabus ride and stocking up on smokes to bring back. I know the city of chicago, the county of cook, and the state of Illinois are crazy about their taxes, but where would I stand legally if I stocked up on smokes for personal use in another state and bring them home to Chicago?

Answer:
 As long as you did not sell them you are fine.  I used to do this all the time with an Indian Reservation.Answer #2: You will be fine as long as it is for personal use.

I make a monthly trip from Southern NJ into Delaware to do the same thing. Answer #3: A family friend in Chicago used to order cigarettes online from, I think, Kentucky.  The business apparently turned over its information to the state of Illinois and he had to pay the tax difference.  If you buy them paying cash I doubt they could find out.


Title: "A SEARCH OF THE FINGERPRINTS PROVIDED BY THIS INDIVIDUAL HAS REVEALED NO PRIOR ARREST DATA AT THE FBI. THIS DOES NOT PRECLUDE FURTHER CRIMINAL HISTORY AT THE STATE OR LOCAL LEVEL"

Question:
State: Texas

So i need to get an FBI background check for an employer and I was super scared, so I went to a local fingerprinting place and got one done on myself. 8 years ago as a juvenile, I was charged with a misdemeanor which was later expunged/sealed. I have also had a couple of run ins with cops, but no formal arrests or convictions. I was afraid some of this would show up on the background check, but it doesn't appear so.

I might actually be confused about the results though. What does "This does not preclude further criminal history at the state or local level" imply? What is even the point of getting this done, if state or local arrests are more common than FBI ones?

Answer:
 It means you have no federal criminal record, but the FBI didn't call around the country to find out if you have a criminal record in any state or county jurisdiction within the US. Federal and state criminal justice systems operate somewhat independently of one another; a conviction in California is different from a conviction in Colorado or a conviction in a Federal court.

Which jurisdiction were you charged in?


Title: Wife Committed Suicide -- Investigation Just Turned Weird. Sue the City? Hire a defense attorney?

Question:
I' m in Maricopa County, AZ.

My wife committed suicide a month ago. This was confirmed on the death certificate from the coroner, and no autopsy was done. I was called yesterday and asked to come in and speak to a detective again about it, and things just got weird, so I'm here for advice before doing anything further.

For background -- we had been married for more than a decade, but things had been bad the past five years. I started seeing someone in April and moved out in October. We agreed that our two kids would stay with my wife until the divorce was final and finances sorted out. My wife committed suicide about a month later via gunshot to the head, after asking me to come over and talk. I was four feet away from her and couldn't do a thing. Prior to this she had been depressed and unhappy, but I didn't think that she'd ever take this action, not least with the kids in the house.

Her parents blame me, which is irrational but seems to make them feel better. With that said, the impression that I got after talking to the detective is that they have been directly influencing the detective to hold the investigation open, and I was asked to take a polygraph later this month to "make them feel better". I'm not accused of any crime, nor suspected of one, and I can't imagine what culpability I may have in any case, but I feel accused nonetheless and feel as though consulting with a lawyer may be wise. Should I do so?

In addition to this, the questions the detective asked today ranged beyond the suicide itself to what's happened in the following month, such as whether the kids have met my girlfriend. He also suggested that I work out a visitation schedule with my kids' grandparents and that I should "put myself in their shoes" in regards to this. My kids do not want to see their grandparents even as much as they do now, much less later. They are sick of seeing people after this past month. I don't feel as though a detective should be an advocate for the deceased's parents over her spouse and children, or be taking sides at all. Nor do I understand why this investigation is still ongoing, considering that it was ruled an undisputed suicide.

My inclination at this point is to go along with their requests and let them dig themselves into a hole, then sue the city for pain and suffering caused by dragging this investigation out, for involving my kids in it beyond what they need to be, for blatantly taking sides in a matter that causes grief to all involved, for causing tremendous uncertainty, and for letting themselves be influenced by a non-police entity in this matter. Does this have legs at all?

Answer:
 >I'm not accused of any crime, nor suspected of one

WOAH.  Yes, you are suspected.  Stop talking to them and hire a criminal defense lawyer.

>My inclination at this point is to go along with their requests and let them dig themselves into a hole,

No, they are trying to get you to dig yourself into a hole.

>then sue the city for pain and suffering caused by dragging this investigation out

Not gonna happen.

You are a suspect.  Hire a a lawyer and don't speak to the police.Answer #2: Consulting with a criminal defense attorney would be very wise.


Title: Employer never sent my last paycheck but now it has been cashed by someone else.

Question: Working in Oregon this summer and left my job about a month ago. Employer never sent me my last month's paycheck. I emailed them and they sent me a scan of the check showing that it had been cashed by someone else via mobile deposit. The signature on it is not even close to mine or my name. What steps can I take to recover my money (in excess of $1000)?

Answer:
 Did you attempt to pick up your check? Did ask them to send it to you?

What happened after you told them that someone else got your check, and you still haven't been paid? Answer #2: Banker here.  Call your employer, tell them the following then follow up with them in writing (the writing matters for wage theft claims - it increases penalties):

1.  They must inform their bank ASAP of the fraudulent endorsement.  The bank cannot charge the employer's account for a check that is not "properly payable" under Article 4 of the UCC.  The bank should send the employer an affidavit, which the employer should forward to you.  That affidavit will require you to attest that the signature on the back of the check is not yours.  Sign it, get it notarized if necessary, send it back.  The employer will not be out the money.  The bank will credit them back.
2. Demand another check from the employer in writing.  Tell them if you don't receive it ASAP, you will file a Wage Claim as described above AND seek penalties on top (can be like 100% of what they owe under 2017 ORS 652.150.

Don't let them screw with you here.  The loser in this deal should be the bank, if everyone plays well in the sandbox.  So the employer should just cut another check and be done with it.Answer #3: IANAL. File a wage claim instructions are here [https://www.oregon.gov/boli/WHD/Pages/W\_Whhowinf.aspx](https://www.oregon.gov/boli/WHD/Pages/W_Whhowinf.aspx). Your employer owes you the money. The fact that someone else cashed the check is their problem entirely. They can and should call the police on this matter. It is not your responsibility to do so.Answer #4: Contact the police.


Title: Is it legal for a parent to kick out a child [14F]?

Question:
I have a friend, and due to the fact that she is gay, was kicked out of her home. She right now with family in Virginia, but thinks that she might get kicked out of there too, and might have to live alone in NYC or DC. Her location is in Tinton Falls, NJ, but now I don't know where in Virginia. Is she able to legally get back home? Or press charges on her mother if at all needed? I just want to know what her options are. Thank you
Topic:
Juvenile and Youth Law

Answer:
 Her parents can send her to live with relatives. They can also require that she follow house rules (i.e. no dating girls, no girls in the house, no saying that you are gay, no interacting with anyone in the LGBT community).

They cannot just kick her out and expect her to figure it out on her own. If her family does kick her out she should contact CPS.


Title: (Fl) We were in a fatal accident Friday night

Question:
I am struggling with what to do. I want to protect my husband.
We were driving to get ice cream with our son and a motorcycle plastered the back of my husbands huge truck. He wasn’t wearing a helmet and was dead immediately. We did everything we needed too. Submitted to blood test and breathalyzer. We want to find a lawyer just in case because my husband is convinced he will be picked up for vehicular manslaughter any moment. He hasn’t left bed since coming home Friday. I need to know what kind of lawyer to call in this instance. I just want to protect ourselves.. do we even need an attorney?

Answer:
 Two pieces of advice:

- Please get your husband some counseling.  He must feel like he is standing at the gates of hell right now.

- Stop posting publicly until you have sought advice on this from you attorney.

Your attorney will explain to you about what factors the state will have to prove to secure a vehicular homicide conviction. Each state is slightly different.  Some will enumerate serious driving offenses that qualify immediately for VH, and some will specify that a combination of lesser offenses that add up to VH.

Don’t worry yourselves unnecessary (or reassure yourselves unnecessarily) by guessing.  Talk you your attorney.

Also there will likely be a civil suit separate from any criminal action that may or may not happen.


Title: Friend crashed a roommate's car, insurance won't pay

Question: So earlier this winter, a friend at my college crashed his roommate's car. Nobody was hurt, and no other cars or property were involved. However, there was nearly $9000 USD in damage. The insurance now refuses to pay, citing that my friend was not on his friend's insurance policy. This was with a small insurance company that I have never heard of called GuideOne. They will be reportedly shutting down within the next year. The car has been broken for over a month now. I'm trying to help him select a lawyer, and I'm giving him a few that specialize in both traffic and insurance. What other things should we try? Thanks a ton, r/legaladvice NOTE: this took place in Indiana.

Answer:
 Then the friend who damaged the car needs to pay.

If his insurance policy doesn't cover other drivers and the dude driving didn't have insurance then the dude driving it needs to pay to fix the property he damagedAnswer #2: Your friend needs to pay. The roommate can sue your friend, and will likely win if the facts are as presented. If this is in Marion County the roommate might opt to sue in small claims court, where the limit is $8000 but no attorneys are required. (In the rest of the state it's $6000 which wouldn't come close to making the roommate whole.)

More than an attorney, your friend needs to figure out a way to get $9000.


Title: [Florida] Horrible apartment leasing company is trying to screw us at every turn. Can they refuse to sell us their custom color of paint and then demand $300 to paint it themselves?

Question:
My bf and I live in Florida and are having a lot of trouble with our landlord. I moved in after he had signed the lease, and he didn't do a lot of research prior to signing -- basically, the leasing company is totally predatory and tries to charge for every imperfection, even normal wear and tear.

**What is legal for a leasing company to require you to pay for, and what is expected that they pay for?** If we have lived in the apartment for 2 years, are we going to have to pay $300 for their repainting fee for a few scuffs?

We have lived in the apartment for 2 years. We paid a security deposit, as well as a pet deposit of $300, half of which is a fee and the other half is a deposit I believe.

* Carpets: They want to charge us $1200 to replace the carpets because we had a dog, and the lease says that they can charge the full amount for the carpet even if it was due for a replacement regardless, if there is a dog on premises.

* Paint: They have a custom color of off-white paint that I have been unable to match, I chipped some off and took it to Home Depot to do paint matching, but the color was still a tiny bit off. Now, there is a square in the living room where I tried to cover up a scuff and it's now a slightly different color, they are trying to charge for a full painting of the house and will not give me a gallon of paint at cost to do it myself, or tell me where they buy their paint so I can get it at cost.

This is apparently really common, every review on the apartment management company is horrifying. My lease isn't up until June but I want to see if I have any tools to help protect me when the time comes.

Answer: Have you tried taking it to a dedicated paint store? (like Sherwin Williams)Answer #2: State law is more important than what is in the lease. They cannot charge you for wear and tear, only damages. The usual way to do this is to deduct the prorated life of the carpet from the replacement cost if it is damaged. Depending on the carpet a steam cleaning before moving out may be all that is needed. For the paint you can get paint matched from almost any store and then fix it yourself. Are the carpets damaged, or is it just normal wear and tear? http://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/e21a25a8c288bed98525740800537588!OpenDocument#RIGHTS%20AND%20DUTIES%20OF%20TENANTS


Title: [NC, USA] What is the statute of limitations for reporting abuse and hate crimes against an adult?

Question:
A family member has physically abused me three different times and I have evidence of two of the incidents that happened to me. I don't feel safe around this person and unfortunately never will again.

I am safe but back to living in poverty. I don't know what to do, where to go from here, etc. I'm bruised all over and yes, I fought back in defense of personal property and myself. She was beating me, threatening me and screaming at me before it all started. Help?
Topic:
Other Civil Matters

Answer:
 Its likely not a hate crime given its family (put possible if they aren't related by blood or if you have different nationality/color/etc.)

The SOL depends on alot of circumstances, including your age at the time of the incident.


Title: Ex is coaching our daughter to say horrible things (Texas)

Question:
The past couple of months my Ex has been teaching our small daughter to say horrible things to me when I get her back after his visits.  As soon as I get her back she's say something like "I'm scared of Mommy's boyfriend."  (I don't have one.)  "I don't want a Mommy and sisters anymore."  "I want to stay with *Ex* for forever."

"Did he tell you to say that?"  "Yeah."  "Do you really want that?"  "No."  He stands there and watches while she says this to me, looking very smug and pleased with himself.  We go home and after her usual adjustment period she's back to life as normal.

He's been coaching her to call me by my first name instead of Mom and I think he's setting me up by teaching her to say things about him.  "I don't love *Ex*."  "Why don't you love *Ex*?"  "Because he's not my dad."  She NEVER would have heard that in my home.    I could see him teaching her to say that, getting it on camera, and using it against me.  Because why would he teach her to say she doesn't love him?  It MUST be me.  And they will think I'm lying in court and a horrible mother and a revengeful ex.

Is there anything at all I can do?  Her therapist has made a mandated reporter call to CPS before for his physical abuse and neglect and they didn't even investigate.  Will family court give a fuck about this?  Or would I be spending $5,000 to set myself up as the over sensitive and vindictive ex?

I have a lawyer but he charges $75 just to read an email.
Topic:
Custody Divorce and Family

Answer: Talk to your lawyer, talk to her therapist, talk to HER, and document, document, document. Answer #2: On top of advice already given here, grab a copy of [Divorce Poison by Richard Warshak](http://www.amazon.com/Divorce-Poison-New-Updated-Bad-mouthing/dp/0061863262/ref=sr_1_1?ie=UTF8&qid=1425651947&sr=8-1&keywords=divorce+poison). I know parents in a situation similar to yours and they told me this book was really helpful.


Title: Terminated without cause, after I reported my workplace to the Children's Aid Society and the Provincial Advocate for Child and Youth services (Ontario, Canada)

Question:
I worked in a residential home for medically fragile children who were either wards of the Crown, or put into care by parents not able to meet their medical needs. On the night of July 23rd, one of the kids pulled out his gastric tube. Over several hours, the other staff attempted to reinsert it, but failed. His palliative care team from the hospital advised us to bring him to acute care for reinsertion, but this was ignored by the incharge. The owner of the company called another staff to come in, and she ended up stabbing the child in the abdomen with a coat hanger to re-create a pathway to insert the feeding tube.

The next morning (happened on  night shift), I reported the incident to the RPN, and she seemed genuinely shocked. I also told her that I would comply with my Duty to Report as the events that occurred were child abuse. The employee who performed the "procedure" is not a nurse or hold any type of certification of license, therefore, I could only report her actions to the police.

They are currently being investigated by a few agencies. I don't know the status of the investigation. I'm just providing the Coles notes of the events. The event of the 23rd set in motion a long series of events where the children's residence sole interest and motivation was to cover up as much as possible. The child was left to gradually deteriorate, and develop an abscess, resulting in systemic infection. He had surgery and spent weeks in ICU. His underlying condition deteriorated, and he was made end of life support with comfort measures only.

I was terminated on Thursday. It was a termination without cause. I was given one week of pay, as required by the ESA, and offered an additional 3 weeks if I signed a full and complete release which would prevent me from further cooperating and being in contact with the agencies conducting the investigations.

Are there laws or acts protecting someone from workplace reprisal/termination for a situation like this one?
All I've been able to find is a reference in the criminal code; but surprisingly, nothing protecting whistleblowers.

Any info or guidance would be appreciated...

Topic:
Labor Law

Answer:
 You should get a consult with a local employment lawyer ASAP. This would not be expensive. Do NOT sign the release until you have.

By the way, if you are ever subpoenaed to be interviewed for the investigations, that trumps the release. But still don't sign without legal advice.


Title: If I already applied for K1 visa, and its still in process when the wedding date comes

Question:
Should i move the wedding to a later date?

OR

Should i let her come using her visit visa, marry and then go back while waiting on K1 visa to be approved

Answer: Push back the wedding date. If you are married the K1 visa no longer applies and you have to apply for a spousal visa. Your spouse would then have to stay in the foreign country they are from until the new spousal visa gets approved.


Title: Hired my best friend of 6 years as a contractor and he scammed me

Question: Hello, i am in Michigan if that matters. I'll cut right to the chase, my friend recently opened up a construction company and I paid him 4000 to redo my driveway. Everything was agreed on orally, and no contract was signed. We agreed that we would install steel reinforcement or wire mesh underneath the driveway for support. Today i came home and found the workers already laying down cement, without any reinforcement. I confronted my friend and he told me the company that sells metal was closed today and he has to finish my driveway by today. Is there anything i can do, or is this a life lesson to never mix friends and business together.

Answer: Even without written records, I'm fairly sure "industry standard" calls for using mesh on pours 4" or more, especially in northern states where temps go below freezing.  You'd likely just need to get another concrete outfit to say so in small claims court.  (The same company who gives you an estimate to fix the wrong work would probably do, at least for purposes of small claims).


Title: (NY) Can an insurance company drop you for using the insurance too much?

Question:
I work for a local government entity that sponsors the medical benefits that we have. I use my benefits a lot... like, at least a couple times a week on average (Doctor for hormone replacement therapy, chiropractor, etc). I see these statements and these amounts seem to add up to a hefty sum that really charged by the medical professionals.

I was wondering, as my nerves are a bit frazzled by the thought of losing my needed benefits, if it is legal for someone to be dropped for merely using them "too much" overall?

Answer: they can only drop your individual policy for non-payment, fraud, or misrepresentation.Answer #2: Probably not. Before the Affordable Care Act, it was common for policies to have lifetime limits on coverage, usually in the 1 million dollar range, though it wasn't unheard of for people to be dropped long before that. The ACA requires that policies no longer have lifetime limits on essential health care. So it is possible for a policy to limit coverage on non-essential benefits, either in dollar amount or in number of visits covered in a calendar year. For example, my policy limits physical therapy and chiropratic to a combined 35 visits per year. You need to check your summary of benefits for those limits.


Title: Magic mushrooms and airports

Question:
Hi people,

Is it legal to have a small bag of dried mushrooms (personal dose) in your scanned lugagge? Do i risk something?

Thank in advance.

Answer: Federally illegal. Airports cross multiple state borders. If cannabis is excluded from airport travel, mushrooms definitely are. Take great precaution


Title: Based out of Massachusetts ~ Asked to drop off packages at a post office ~ Am I responsible for what is in them?

Question: I am a recent college graduate and have been applying to clerical and data entry jobs. However, recently someone I emailed emailed me back saying the job was full, however they were looking for a personal assistant to handle mail and packages while they are out of town. If I were to drop off a package at the post office for this person, am I responsible for what is in it? (Drugs weapons etc)

Answer: It's either a scam or you are placing yourself in a middle of sending stuff bought with stolen credit cards. I know you want a job but stay away from this one.


Title: [England] My US passport was taken away from me before I went to study abroad in London.

Question:
I'll add the details as to why that happened if needed, for now i'll stick to the main point. I'm a dual citizen studying in London right now and before I left to study, my dad took away my US passport. Now I want to have it back, because it's mine. Is it possible to get a new one from the US embassy? The only proof I have is my other passport stating that I was born in the USA and a picture of the US passport (although it's not perfect, the machine readable section at the bottom has a section cut off, but that's it).
Topic:
Other Civil Matters

Answer:
 First and foremost: I assume you've tried asking your dad. If you haven't, for whatever reason, you should do this first. Save yourself the headache of bureaucracy.

Yes. You should contact the US embassy. They can help you replace it. You'll need to prove your identity (pictures of your old passport are going to be real helpful.) You'll have to fill out some forms, and you'll have to pay a fee to have it replaced.

[Here is the source for everything I'm saying.](https://travel.state.gov/content/passports/en/emergencies/lost-or-stolen-passports-abroad.html)
Answer #2: How old are you? If you're an adult, your dad has stolen your passport if you have asked for it and haven't received it. A quick trip to the embassy and a calm description of the problem should resolve this.Answer #3: What is your other citizenship?  The US allows dual citizenship, but some other countries don't.


Title: [UT]I've been told by my boyfriends parents to stay away.

Question:
He's 17 and im 18. Can I still talk to him at school and such? If he comes up to me and talks to me is it okay? Or are there loopholes to be able to talk to him?
We've been dating for 3 years and i've been told to stay away because we kissed in front of his parents.
(Well tbh we were caught making out...)
I've tried to look this up online, and all i've really found is romeo and juliet laws and that i (at least i think) cant have a restraining order put against me or any anti-stalking thing if he doesn't feel any negative feelings about me/ isn't threatened or hurt.
I realise that if his parents have told me to stay away i should, but i don't want get in trouble for just saying hi and hugging for a second while we go thru the halls until hes 18.
Also: Are letters/texts illegal? if we send each other texts or letters can that be placed on me as stalking if were both sending them to each other?
Also can he get in (legal) trouble for hugging or texting me .
Please all i want is to be able to at least hug and say hi.
Topic:
Juvenile and Youth Law

Answer:
 The legal issue here is that his parents most certainly have the authority to tell HIM that he may not have contact with you.

If you do not abide by their decision, then you are unfairly placing him in a position where he will need to disobey his parents in order for you to continue the relationship with him.

The next steps might be taking a restraining order out against you.   But, even if not successful, then they do have the right to exert their parental authority on him, and punish him.

Once you are both adults, and he is no longer under their authority, then neither of you need to abide by their decisions.

Until then... for most practical purposes... you do.


Title: Squatter on property but police wont do anything.

Question:
Located in california

Hello, my uncle had some land and was letting a friend live with him, and then the guy started doing drugs, and so he was kicked out. Unfortunately that same month my uncle had a heart attack, and passed. For months this guy has been living there, stealing, and growing marijuana. He has a warrent, and the police said they would get him when they could but that was 3 months ago. It has been getting intense lately, and finally my other uncle shut off the electricity, the water company refuses to shut off the water.  The guy got angry and left all the water on the property on full blast. Yet we still catch him when we go check on it every week.

We dont know what to do, it is hard to sell the property when it is becoming increasingly more dilapidated. Any advice would be gratefull

Answer: He was allowed to live there and never legally evicted. Not squatting. You cannot turn off utilities. That is illegal. File for eviction (whomever has rights to the property)


Title: I received a "summons and complaint" via Mail for a Private Student Loan I defaulted on, help!

Question:
[Unofficial Page 1](http://i.imgur.com/uvkNQOZ.png), [Page 2](http://i.imgur.com/iTJH3uu.png), and [Official Page 1](http://i.imgur.com/fylX9fF.png). I live in New York...

I don't even know what to do, I have a little more than a week to answer this. *sighs*

Topic:
Credit Debt Bankruptcy

Answer:
 What do you think happens when you don't pay your debts?

You are being sued. You can call and try and settle the debt before court. This generally requires a lump sum payment.


Title: Lost wallet was turned into police, got a ticket, how likely am I to win if I contest it?

Question: I lost my wallet in class and my teacher turned it in to my campus police station, so that I could pick it up 24/7 rather than only at her office hours. Well the police "inventoried" my wallet and found my fake, and when I went in to pick it up they slapped me with a ticket. I feel my privacy was infringed upon by having them search through my wallet, and want to contest the ticket in hopes of getting it dropped or lowered. If it helps to anyone I live in Vermont, and I'm 19. Worst part is, I've never even used it because I was afraid of getting caught... Lucky me!

Answer:
 >I feel my privacy was infringed upon by having them search through my wallet

I suppose you can "feel" however you like.  They were well within their rights to search through the wallet that was turned in to them.  How in the world would they know who owns it, otherwise?


Title: Adopting a dying friends child? What do i even do?

Question:
A friend of mine was diagnosed with some pretty gnarly cancer a while ago, and recently had to go into hospice. She has a daughter that she wants to live with me. We thought she had a lot more time left, but she's getting increasingly incoherent.  Two weeks ago she was talking with a lawyer in her home state (Oklahoma, I live across the boarder in Texas).  The lawyer had me do some fingerprints and some background checks, but I don't think anything happened.  The child has a living father who (according to her) had all his parental rights revoked ages ago.  The child wants to be here, and we think it's best for her. The only real problem is that I'm no real relation to them beyond just a really nice neighbor and friend.

I have no idea where to even begin? Should I wait to see if she comes through with the lawyer? Should I get my own lawyer? If so, Texan or Oklahoman? I assume family law is what I'll be looking for?  How can I get what I need done quickly without spending all my savings on this? Money will likely be tight enough as it is without the Texas hammer in my pocket (figuratively speaking).

Answer:
 First yoi need to be totally sure that the dad's rights were terminated. Not that he just doesn't have visitation rights. Huge difference. If Dad has parental rights still, he will have to be notified of the adoption, and you may not be able to get it done at all. You may not even have standing to request adoption in that case.

Second, you definitely need a lawyer for this. Keep calling your lawyer and make it abundantly clear that time is of the essence.

Third, if your friend passes and there are no relatives to care for the child, she will be taken into the states custody, if she's not already with you. You'll call the Oklahoma department and let them know you want to adopt this child. They will help you put those wheels in motion. Answer #2: > she's getting increasingly incoherent

Make sure to collect any 'evidence' you have of her intention from as early as possible. If she seems mentally off when the request is made, her judgement may be considered to be impaired and thus her wish to have her daughter live with you may be questioned.


Title: Ex-roommate is trying to keep us on the hook for her portion of rent that is still due

Question:
So my ex roommate E decided that she wants to move into a house with her friend and move out of the house that she, M and I are currently renting. She promised that she would still cover her portion since she’s still on the lease til the end of September. Come to find out, she hasn’t paid a dime and tried to back out of the lease last month. The only way she can get rid of her portion is if M and I find another roommate which we have decided against, since E said she was going to pay her part. I’m picking up the signed documents of the lease today but where do I go from here? This is the second time she’s tried to undercut us (she cut off water/gas/trash the day she moved out and didn’t say anything to M and I)

Currently the amount owed for rent is $790 (two months of her portion)

We’ve tried contacting her about and have been cordial, but she’s since been ignoring us.

I’ll also be asking the property management company what options we have when I head over to the office later today.

Answer:
 Not taking on a new roommate seriously weakens your position. It's a legitimate choice, but it's unlikely you'll be able to compel her to pay the rent if you're keeping her portion of the unit for herselves for more than a month or two.

You can pursue the rent back from her in small claims court, since polite solutions have failed, and you may prevail anyways, but you do have a duty to mitigate, and choosing not to do so can reduce the award.


Title: (NY) I want to buy discounted things from my work and sell them. Can I be reprimanded for this?

Question: Basically I can buy office supply/ keurig stuff from my work for a heavy discount, and I want to sell them on amazon for profit. Nowhere in our company guidelines does it state there is a policy against this but is it a problem legally?

Answer: You can, and likely will, be fired.


Title: California/San Bernardino, Question regarding code enforcement complaints.

Question: Why is it that people who lodge complaints about your property are not required to be identified, seems to me that as people do will lie just to get you harrased and the city coddles busy bodies, is there a way to get this information?

Answer:
 Because if you really are violating code requirements, it doesn't matter who reported it - the code violation matters.

If they are filing false complaints, code enforcement will figure it out eventually.


Title: (WA) Custody issue.. Wife set to move soon with kids. Father threatening to take her to court. Help!

Question:
Hey, so we've had plans to move my wife and her 2 year old from WA to VA for months. We filed all the paperwork and whatnot for this to happen. He's known about this move for at least 5-6 months.

To keep the story short, the dad has had overnight visitation with the father, and when the daughter would come back she seemed very off. Wouldn't sleep, eat, was acting strange, and very angry and fussy. So my wife took her to the clinic and CPS was called.

He dodged all the meetings with the CPS agent and has missed most of his scheduled visitation with his daughter. He apparently just got more info and now wants to take my wife to court (again).

Thing is she's scheduled to leave the state, per the parenting plan we filed months ago, on January 1st. Needless to say, we've made arrangements for this scheduled move. I feel like this is a last ditch effort to keep her in the area... Help!

Answer:
 Did the court approve the move away?Answer #2: > So my wife took her to the clinic and CPS was called.

Um, I feel like there is a chunk missing here. Why did the clinic think that CPS should be involved?


Title: (California)I gave my car to a mobile mechanic to get it fixed in a few days. It has been a month and he has no intention of giving it back.

Question: I live in northern california. So my car broke down a few days before christmas eve last year. The transmission needed to be changed. I called a few places around me to see how long they took to get it fixed and they all told me that they were booked until january first week. So, i foolishly went on craigslist and looked for a mobile mechanic. I found a guy,  he came to me and he looked at my car and he told me that he could take it to his house and get it fixed in a few days if i bought a used transmission and gave it to him. So, the next day i buy a used transmission and drove my car to his house and told him to fix it. He told me it would be done before december 24th for sure. Christmas day came and i talked to him and he told me it wasn't fixed he had stuff to do. So then he told me it would be done by a few days but it still wasnt done even in january 1st. I started getting impatient and asked him where my car is i want it back. Then he started cussing at me and told me that if i wanted my car back i would have to leave him alone.I went to him a few days ago and the car has not been touched at all and he said if i was to take it as is i would have to pay him $500 for labor. Now, it has been exactly a month and no sign of my car. What can i do?

Answer:
 First of all, go back to meet with him and tell him he is not to touch your car any further.  If *still* no work has been done, take your car away and demand the keys and the transmission back.  You can just take the car (it's yours -- not theft) and if he thinks he's owed $500 for the work he did, tell him he can take it up with you in small claims court, that you aren't paying.  If he actually does sue you, countersue him for all your substitute transportation expenses.

Hopefully he won't have actually started.  If he has, you might need to get a mechanic out to his place to advise you on how best to move your car away without damaging it, and about how much labor was actually performed.

If he tries to prevent you from taking away your car without payment, call the police, don't fight with the guy or anything.  If you have to walk away without your key or the transmission, it'll be up to you to decide whether it's worth suing the guy for those items back.


Title: [CA] I work at a gym and am not allowed to exercise before my shift. Is that legal?

Question:
Not sure if this goes here, so sorry if it doesn't.

I work at a corporate gym and my manager decided to restrict employees from working out at certain hours. The hours in question are when I work out, which is 5 hours before my shift starts.

Basically, I'm not allowed to work out even when I'm not on my shift. Is that legal?

Answer:
 Yes.

Businessess often tell employees to not come around outside working hours, or to avoid certain times.

I'd guess the gym is really busy during the restricted times - how does it look to a customer if they have to wait while an employee works out? It looks pretty bad.Answer #2: Do you pay for a gym membership?


Title: Our brother was murdered on 8/20/18. His roommate is now claiming she was his girlfriend, changing passwords, & saying she's giving his things against our parents wishes

Question:
Our brother was the manager of a Papa John's. He was filling in for a driver when three men robbed and murdered him for the pizza and money he carried. He lived with a woman he met through his ex that he was trying to help because she has a kid. When this happened she chose not to call us until several hours after it happened. Our mom found out from the local news. Since that night she's been telling his friends they can have things of his, is claiming they were dating and trying to get pregnant (which isn't true I know his real girlfriend and we had several personal talks about his relationship with the roommate, he wanted to be a father to her little girl and was willing to put up with the roommate to do it), accessed and changed his passwords to his electronics and emails, and is attempting to go through and give away his things without our parents permission, who are his next of kin. She was asked repeatedly by our mother not to do anything with his things, which we have texts messages of. Our sister, my twin, is helping her do these things and claims that she legally has a right to because she lived with him and is in possession of his things. Everything we've been told and read says his belongings go to next of kin not whoever happens to have them.

Do they have any legal standing? Is this going to be another needless mental and emotional strain on our already heartbroken family? We haven't even been able to hold a service for him yet because of this nonsense.

... please help, the more I can reassure our parents on the better. We didn't just lose an only son, a baby brother, and a good man. A little girl now has no dad and our parents are likely about to loose a little girl they've grown to call family and view as their granddaughter.

Answer:
 My condolences on your loss.

No, possession is not ownership. Probably the best course of action is going to be for someone to file with the court to become executor of his estate and then take action to secure his property, which might include for example police reports for theft, an eviction proceeding, and/or a lawsuit for the value of the property.


Title: My 15 year old friend got kicked out. Can they live with me?

Question: My friend has been abused constantly by both parents. They had been living with their father and he kicked them out. What can I do? Can I get into legal trouble for having them stay with me? Worst case scenario is them going to live with their mother because she is far worse than the father.

Answer:
 If the father kicked them out and they have no where to go then yes they can live with you, assuming this isn't a sexual relationship..

If the father says the child returns home then you send the child home.

But know a lot of legal bad can come out of housing a non-related minor. They can make up shit that ruins your life. So be careful


Title: Huntington's disease diagnosis

Question:
Will try to keep this brief and to the point.

Huntington's disease (HD) is a hereditary neurological disease that degenerates your brain, it typically starts taking effect in your late 30s but that varies.

My wife's mother was diagnosed about 4 years ago in Michigan, while my wife was pregnant with our second child. My wife, who was 26 at the time, told her OB about it so they drew blood at an OB appointment and had her tested. They called my wife one evening and nonchalantly gave her the news that she was positive for HD. This was life altering news.

We were totally taken off guard at the time my wife's mother was diagnosed, and we had not done a ton of research yet. Knowing what we know now, she should have been referred to a genetic counselor at the start, so they could explain everything to us, including the implications of getting officially tested.

We should have gotten her tested anonymously because now that the diagnosis is in her medical record, she cannot get any life insurance or long term care insurance (she can but the premiums would be ridiculously high).

Is there any recourse for us, knowing that the OB doctor was possibly negligent in doing this test that is clearly outside their scope of practice without clearly telling us the risks?

Again this happened about 4 years ago in Florida.

Answer:
 > Is there any recourse for us, knowing that the OB doctor was possibly negligent in doing this test that is clearly outside their scope of practice without clearly telling us the risks?

The doctor did his job by testing your wife for a hereditary disease with her approval.

It is not the physicians job to make sure that you can still get life insurance, nor is it negligence for him to be ignorant of how a positive HD result could be used against his patient.

Additionally, hiding an HD diagnosis from a life insurance company is fraud, so even if you were able to keep it off the books, if the insurance company were to find out they would terminate your coverage.Answer #2: Okay so these are the facts;

Your wife has a family history of a genetic disease

She told her doctor

The doctor wanted to test her considering the likelihood of her having the disease

Your wife agreed

The test was done

You now know your wife has HD and have been given valuable medical information you knew you would be getting.

So what is the basis of the lawsuit then? We were given bad news? Answer #3: I'm sorry for the bad news you've received, and I know you're struggling on how to deal with this. However, I don't think you can put this on the OB, because it sounds like everything was done with your wife's consent.

Do you *know* for sure that your wife's diagnosis has made it into medical records that insurers would have access to? Has she tried to get life insurance and been denied?


Title: I am a witness to sexual harassment. My coworker is currently on leave while he does his thing. What should I do and not do?

Question:
I already wrote my statement because I heard that it helps with the case. It is a lawsuit for sexual harassment against the owner of a big company.

Do I need to hire a lawyer or should I wait until I get questioned if I do. I told my coworker he could use me because I witnessed the event. I know I shouldn't talk to him anymore.

Will my text messages be looked at?  My whole life be looked at?  Can I be incriminated if they find something I did illegal that has nothing to do with the case?  Will they listen to past phonecalls and deleted texts?

Answer:
 You're way overthinking this.

You do not need to hire a lawyer. You wrote your statement and the company decides what action to take.


Title: How do I report an assault/battery on Instagram? MICHIGAN

Question:
I don’t really know how to handle this. Basically the “knockout game” is running up on someone who isn’t looking and attempting to hit them/knock them out. Today, someone I know who I follow on Instagram posted a video of their friend doing this act, hitting a random person.

Do I just send the video directly to the police? Basically, I just would feel awful to know about this and not take any action. I don’t want to be a snitch but the video was just disturbing.

I just don’t want to be brought into court, have my name involved with this, etc.

What should I do?

Answer:
 Calling the non-emergency line for the police where the incident occurred would be a good start. Come into the conversation with a clear plan of what you need to say, and have as much information gathered as possible concerning the facts you know about when, where, who, etc. You don't have to have everything perfect, but the more information you can provide the better.

Reporting to Instagram may also be a good idea.


Title: Landlord demanding rent, I already paid it but apparently to an old accountant

Question:
I've been renting a place since May, all payments have gone through fine, until this month.

When I took on the contract, I was given two accounts to make some payments to such as deposits etc.

When paying rent last month, I got an email thanking me, but telling me that I need to use a certain reference number for my payment. This already corresponded to a payment I made before, so for this month's rent, I sent it straight there.

Fast forward a few days, and I get a late payment notification from the property company. I explain that I sent the money already, but it turns out that they don't employ that company/person anymore.

So basically I've given rent to an old account, with no notice that I shouldn't make further payment. Now they're "insisting" I pay part/full rent again until I get a refund.

The only way I can get a refund is through my bank, and will take 25 days to process. Besides, someone's just had a lot of money go into their account - they're hardly going to 'confirm' when they get a refund request.

I asked the property co. for this company's/person's contact details but they are withholding any information and refuse to make contact themselves.

What can I do in this situation?

Answer: If you are paying rent as your lease says you should be paying rent you're fine. They may try to evict you but you have a defense. They need to go after this party that they have apparently severed relations with to get the money. It's between those two not you. But obviously going forward don't send your rent to them.Answer #2: Did you get a receipt for your payment? If so, that's all you need. Tell the landlord that you sent it where you were suppose to and it's up to them to collect it from their old accountant.


Title: Moved out of rental after habitability issues, 10 months later CA sends bill for $2,400 KY

Question: My sister and I rented a house that turned out to be un-insulated and had mold issues. After 6 months of frozen pipes, outrageous heating bills, and health concerns in the midst of classes, and with the property management agency giving us the run-around, we moved out. I was called by the owner of the house and yelled at when I explained the problems with the house, with him saying that we were being dramatic. Having a 400 dollar gas bill, having to wear multiple layers, seeing daylight through the cracks in the floor, and ice forming on the insides of the walls was what we were dealing with. At the time of moving out we did the final walkout and inspection and it was understood with the management company that we would be breaking the lease and receiving our deposit back. That never happened, but after depleting our savings to pay the utilities for the place, I naively thought it was worth it just to get out from under that headache. There was no further communication until now when we were each sent a letter from a collection agency for the remainder of the rent. I'm just now getting financially stable and then this happens. I'm looking at sending a debt validation letter and disputing it, but I was also told small claims court might be an option. Thanks for any help or advice.

Answer: Sounds like you handled this all wrong. California's implied warranty of habitability allows you, after proper notice and failure to repair on the landlord's part, to sue for damages, repair and deduct, or (in some circumstances) withhold rent until repaired. It sounds like you just moved out and never looked back. If that's the case, you're likely on the hook for rent until a new tenant took possession.


Title: Employer changing hours on pay stub so I appear to be part time (CT)

Question:
I recently increased my hours to full time at my l job going from hourly to salary. I received a new offer letter via email that only states my bi-weekly rate. Nothing else. Never offered health insurance or any other benefits.

I looked at my paystubs and it should say I worked 70 hours at a rate of 30/hour (which was my hourly rate before I went to salary). Now my paystubs say I worked 35 hours in two weeks at a rate of 60/hour. That's not accurate and  I suspect they are trying to keep me from being eligible for health insurance/benefits.

I emailed the person who does payroll and my director and they haven't responded. My director doesn't have a home office where I work so I can't just pop in and tell him we need to have a discussion, unfortunately.

I know it's illegal to not offer me health insurance. Is it also illegal to document my hours incorrectly in my pay stub now that I'm salaried?

All I found on Connecticut's employment handbook was "Connecticut does not have any laws requiring employers to provide employees at the time of payment any notice of wages paid, wage rates, deductions, or other wage payment information". But it does also say employers must keep accurate record of hours worked by employees and wages.

Answer:
 >I know it's illegal to not offer me health insurance

Wrong.

>Is it also illegal to document my hours incorrectly in my pay stub now that I'm salaried?

No, there is no record-keeping requirement for exempt employees.  They can make it say whatever they want.  As long as they're compensating you as an exempt employee, the hours worked does not have to be accurate.

>But it does also say employers must keep accurate record of hours worked by employees and wages.

For non-exempt employees.


Title: [MI] Due to being overpayed without my knowledge, I now owe the government thousands of dollars

Question:
[deleted]
Topic:
Other Civil Matters

Answer:
 Hey, so I can help a little. Survivors benefits (which is what you've been getting) are for minor dependant children and terminate at age 18 unless you are a full time secondary school (aka high school) student. If you are still enrolled in high school, then benefits will continue until age 19 and 2 months or high school graduation, which ever comes first.

If you are still taking high school classes, then what you need to do is get someone from your school to help you compete the form called "Student's Statement Regarding Continuing Education" (I think that's the wording, I'm not at work so I don't have it on hand). You fill out one part of it and a school officer fills out the other.

However, if you're not still attending high school classes, you might have a bigger problem. You can file a 561 (request for reconsideration) as well as a waiver of the overpayment itself. Part of the process of the waiver application is determining whether you were at fault, whether you still have any of the benefits, and whether you have the ability to repay the debt. SSA is able to forgive debts under certain limits, so if this is your first OP, you can't repay the OP, and you don't have the benefits anymore, there's a chance that the OP can be waived completely.

Once you have your case reviewed, if they find you at fault for the OP, you can request that they set up a payment plan. The agency typically wants all OPs resolved within 36 months, so you can set up a monthly plan to repay if it is determined that you are at fault.

Hope this helps!


Title: [Louisiana] Landlord wants to sell our house before the lease is up

Question:
We have rented this house for 22 years, and recently the landlord passed away and his wife and sons want to sell the house. We figured it was coming, but we got a phone call from the management property telling us they want us to move out before they put the house on the market since we have so many restrictions when it comes to showing the house to prospective buyers (we have 4 dogs, I work nights, so we don't want people just showing up without us there or when I am sleeping). They gave us until the end of November, but our lease isn't up until the end of December.

Since they did give us at least 30 day notice, we weren't sure if it could be enforced, and as I said, we have rented from them for 22 years with no problems, so my mom felt like it was a slap in the face to not give us at least until the end of our lease - so we don't really *want* to fight if that's how they are going to be. We don't mind moving out by the end of November, but I am curious if we can't find a place by then, if we have to move out or if we can ask to stay until the end of December.
Topic:
Landlord Tenant Housing

Answer:
 You have a lease that goes to December? Then you are under no obligation to move out early. They can definitely show the house (but they do have to give notice of the showings) before then, but the lease persists to the new buyer.

What you can do is ask for a buy out. Say, "Sure, I'll be out a month early, if you pay us [3 X monthly rent] to get out and make it all nice". If they don't want to pay then you still have every right to stay until the end of the lease. If they do pay up then you cover your moving expenses and maybe have a little something left over.

I'm sorry that your former landlord died and you now have to deal with this.Answer #2: since you have a lease, they can't just give you notice to move out without you agreeing to it, unless there's a clause in a lease that says this is valid.  i'm sure you can negotiate with your new landlord about your date of moveout.


Title: Fraternity Fraud (IL). What can we do?

Question:
I'm new to this sub so I apologize if this post is excessive in length.

Last fall I was elected to the position of treasurer within my fraternity and at the time we were having significant financial problems and there were a lot of fingers being pointed as to why it was happening. For the entirety of summer 2014 and the majority of the following semester the name on our fraternity's checking account was that of our chapter advisor (lets call him Kip). Now the reason for him being the sole person on the account was due to recent position changes within the fraternity and he was simply a constant in terms of being on the account as names are regularly taken on and off of the account as positions change. At the time it was known that Kip had been having personal financial troubles and at the start of the summer he supposedly asked for our then-president's permission to use chapter to funds to cover "small living expenses". However, the President has formally stated that explicit permission was never given to Kip to use chapter funds.

Regardless, Kip went through the summer being the only person in our chapter with access to payment methods and bank account records. As the semester started there were many things preventing me from getting my name put on the account (errors made by the bank, loss of paperwork, etc. (I also suspect that Kip stalled the process)). Consequently, the only way that we were able to deposit funds into our account for the semester was through him and thus a lot of money (both cash and checks) went through his hands and money most likely slipped through the cracks.

About halfway through the semester we were coming up remarkably short on cash and brothers were starting to get suspicious. When my name was finally added to the account my co-chapter advisor (lets call him Eric) and I went to the bank with me to examine the statements and see where all of our money was going. After examining records for the past six months we noticed charges including fast food, power bills, rent, and other things on the statements that could have only been made by Kip. This was immediately brought to the attention of Kip and he claimed that our president had given him permission to use the account for living expenses (which he didn't) and that he had simply lost track of how much he had spent. This of course didn't fly with us and Kip was stripped of his position and expelled from our fraternity with out appealing.

The total amount of money we have pinned on Kip is ~$1200. However, this is only what we have on paper and we suspect that much more cash was stolen but there's no way to track it down as it never entered the books. Total we suspect that Kip stole over $2,000 from us, but we simply don't know what legal action we can take to get back at least the $1200. We have made multiple attempts to get our money back from him the easy way but to no avail. Reddit what legal course of action can we take to get our money back?

Note: Our chapter is in exceptional financial condition now, we just want our fucking money.

Note 2: Kip was among the most trusted members in our fraternity  up until this point and this is what prevented us from taking action sooner.

Answer:
 > but we simply don't know what legal action we can take to get back at least the $1200.

You sue him.