Title: (Arizona) Boss was over a week late on pay and fired me for asking to be paid, as well as not paying me in full

Question:
The first two paragraphs are mostly context, the third is the actual issue.

Hi, I was working as a cook at a small (~15 employees) pizzeria for a few months, and I really liked the job and took it quite seriously. I was the only cook there when I started and trained all the new cooks, and I would frequently work off the clock after close. I know that the owner had a habit of not paying staff on time, but since I was vital for a while she seemed to always make sure I was paid even when the servers were not. I thought it was messed up that they would some times have to wait until the next week to get paid but never said anything because it wasn't directly affecting me.

We were paid every two weeks, on Thursday. The first Thursday of this month I was off but went into to get my check, but she (the owner) told me that she couldn't because she "never got around to doing payroll," and then she left in her car and was gone for the rest of the week. That following Monday I called her and asked if I could get my check yet because I needed to pay rent and she told me that she wasn't ready yet and that she "didn't want to hear any more about it until Thursday." My chef told me the next day that when he tried to make that week's schedule, she told him to rewrite it without me working. I called every day trying to figure when I would come in, until that Friday when I went in and tried to work. She told me she didn't like my work anymore and fired me. The reasons she gave me were really bogus and some of them could be shown to be false with security futage, but she got quite angry when I tried to defend myself against the claims.

Well, I have gotten my last two paychecks now and I've noticed a few things on the stub. I believe my hours are less than what I worked, there doesn't appear to be any of the cook tips added on, and, unless I'm mistaken, it looks like she was paying me a full dollar less per hour than I agreed to when I was hired.

I tried bringing it up with her when I got my last check but she disagreed and told me I was trying to swindle her. I'm not really sure where to go from here or if I even have any recourse, but I feel like I've really been wronged by this whole situation.

Thank you

Answer:
 > but she (the owner) told me that she couldn't because she "never got around to doing payroll,"

If that's her response, you really shouldn't be surprised about any of this.

First off, unemployment. Apply, appeal if denied.

Second, Department of Labour. You're owed the wages whether she "feels like" doing payroll or not. This will probably be a nice wakeup call for her.

Third, watch the fireworks while job hunting. Even if you could have that job back, you probably don't want to work for someone who can't even get payroll out on time, and then has the audacity to say you're the asshole for wanting to be paid.Answer #2: You can file a complaint with the department of labor. You're entitled to pay for all hours worked, at the agreed upon rate, in a timely fashion.


Title: Bumped a bicyclist with my car 2 days ago, "settled" with them for $40 for new tires. Now claiming pain and lost work.

Question:
This happened 2 days ago. I pulled out of a driveway, looked right, nothing, looked left for cars, i'm good, let go of the brake pedal when suddenly a bicyclist appears from the right side!

This happened > california > Alameda county

This was my first accident in 18 years of driving. Seems i hit him with the right front corner of my car so he was riding on the sidewalk. He seems to be over 40 years old. He gets up. He is rubbing his right knee. I hurriedly go over and ask if he is okay and doesn't say anything. I ask multiple times and doesn't respond just keeps rubbing his right knee. A bystander walks up and starts asks if he is okay in spanish. He finally responds to him saying that the incident knocked the air out of him and that people should look out when driving but was not addressing me directly. The bystander asks him if he needs an ambulance and he says no he doesn't have health coverage of any kind. The bystander says not to worry because that is what insurance is for. and i agreed. He said no and that he just needs to sit down and rest for a bit. So the bystander and i walked over to a chair where he sat for a little bit. Got the name and number of the bystander and mine. He mentioned that his brakes were wet so he couldn't stop himself. It had been raining. After he said he will be alright the bystander and I leave. I get a call from him about 15 minutes later saying a bicycle wheel was damaged and if i could give him money for the damaged tire. I asked about how much he said $40. I met up with him about 30 minutes later and gave him $100 because i felt really bad for what happened. By chance a co-worker was at the meeting location and MIGHT have seen me give him the money. He walks over, we fist bump, exchange about two sentences and my co-worker walks off. Now the guy i hit leaves and i say i'm sorry again.

Now i get a call that he has been in pain and that he missed work. Now i'm angry because i should have just called and ambulance and my insurance and i feel like he might be scamming me.

Forgot to mention there was no damage to my car. I dont think he even left a scratch.

I'm not sure what to do now. Call my insurance 2 days after the fact?

thanks in advance

Edit: Riding on the sidewalk is illegal if you are under 8 or 13 or something. Also, he wasn't wearing a helmet. Just stating it in case it matters.

Answer: Give him your insurance information and let them deal with it. That's what you pay them for.


Title: Parental rights being abolished: true or made up for Hollywood?

Question:
(Ohio) When I had my daughters named changed I asked my lawyer if we could go ahead and file for him to sign over his rights to her (has never been in her life, doesn’t pay support, and is in prison currently) Incase anything ever happened to me to make sure they don’t even look into him as first to gain custody. She said that wasn’t a real thing, but I could make a will and put who I wish to take care of her but they would still look into her father first.

Is it really not an option? And/or is it a thing I could file on my own or is a lawyer the better route to go if it is a possibility?
Topic:
Custody Divorce and Family

Answer:
 The law strongly prefers children to have two legal parents.  Unless you have a stepparent standing ready to adopt, terminating parental rights will be difficult or impossible, even with the other parent's permission.

The other parent really should be paying some amount of child support as well.Answer #2: > Is it really not an option?

I'm not sure what you've heard, but let me just say this: even murderers in prison DO NOT AUTOMATICALLY LOSE THEIR PARENTAL RIGHTS. Assuming this guy has not murdered (his own kid) or molested (his own kid) or abused (his own kid), the father's parental rights are likely safe.Answer #3: Termination of parental rights are known as the Death Penalty of Family Law. It's the last resort. Even if the father *wanted* to, the court will still be hesitant because there's a chance he may get out and may provide support to the child in the future.


Title: Mail lost my uncle's rent check

Question:
Hi Reddit,

my uncle's rent check got lost by the mail, first time this has happened. His landlord isn't a very pleasant person and is threatening to kick him and his family out, my uncle is on disability if that matters. We're located in Kent, WA, USA.

Answer: Your uncle needs to pay rent.  It is not the landlord's issue that the check was lost.  Your uncle should cancel the check and write a new one.


Title: Can I sue a cruise line?

Question: Over the weekend I was on a cruise,Saturday night/Sunday morning I fell coming out of my bathroom in my room due to the step that is there. When I landed I could hear something pop. Crying yelling etc and finally went to infirmary. Bac was only .09. They gave me an X-ray and said I'm fine, just swollen or a twist/sprain. Just went to hospital today because my foot blew up and is all purple. Got X-rays-it's broken. Is there anything I can do about this? Or is it just "my fault to deal with".

Answer: How is it the cruise line's fault?


Title: [GA] I (F) am getting married to my fiancée (F) next year. We have a nontraditional idea for our last name.

Question:
Neither of us are very attached to our last names. Plus, we hate the idea of hyphenating them.

Instead, we came up with the idea of taking a last name further back in one of our family trees (we still haven't decided which one). For example, our names could be Jones and Greene, but we would want to adopt Johnson from a great great grandmother.

What process would we have to go through to do this? Is it easier because of the marriage license?

Edit: we live in Fulton County, but will be married in Pickens County

Answer:
 You will need to specify what county in Georgia. Each municipality has their own process on what is involved in changing your name.

Typically there's two ways you can do this. One of you can change your name via the full process that is required for name changes not to due marriage or divorce. Then that spouse would use their new last name on the marriage license/certificate. The other spouse would then go through the name change process due to marriage, which is much quicker and typically only requires the marriage certificate.

Or if you get married first, you both will need to go through the full process to change it not due to marriage. Your marriage license won't really matter in this case, nor will it make things easier. Again, you'd need to provide what county you're in, but I've seen name change processes under these circumstances involve an initial court hearing, posting a notice in a newspaper, and then a second court hearing.


Title: In Texas, do you have to give police officers your driver's license?

Question:
If a cop stops you, you are required to show them your DL, but are you required to actually *give* it to them?
Topic:
Traffic and Parking

Answer: AFAIK, in every state you are required to show your licence to law enforcement if you are driving and they ask for it. That generally means handing it to them if they ask.


Title: (META) can the mods change the default text post title to include SAY YOUR FLIPPING LOCATION PLEASE or something of the sort?

Question:
See r/relationships as an example - they automatically include the box for your age / gender and other mandatory information.

Do you think that something similar could be done so that people would finally finally finally actually include their location information on r/legaladvice ?

Answer:
 If the three reminders they already get don't do it, I'm not sure if this will.

Worthy of discussion, though. I'll bring it up.


Title: Software Copy Right - Need Advice

Question:
Hello oh gurus of legal loop holes. I am requesting your knowledge for this rather convoluted situation. There is a software/hardware provider called Nomadix owned by a very large cell phone carrier company out of Japan. They have a very vague patent on using PMS with a "Gateway Router" device. They have used this patent to sue many other companies that have offered alternate solutions.

So let me back this up, PMS (Property Management System) is software that hotels use to handle guest checkin's/check outs and post charges to their room. This "Gateway" device would interface with their PMS system so that we could offer a portal page for the WiFi and charge for internet to a guests room. This is what nomadix has a patent on.

The same idea has been created on other devices from companies like Guest-Tek, Solutions IP Inc., IP3 and a few others. They were all sued by the massive conglomerate that is Nomadix. Now my question after all this background is, can their patent be circumvented by using open source linux software?

My suggestion would be to use PfSense, which is an open source FreeBSD based firewall. It supports a portal page functionality as well. Could we simply use this opensource product and not be liable? Wouldn't the creator of PfSense be liable if that feature breaches Nomadix patent? Or would I be liable if I simply deployed it in a manner that does so?

Answer:
 > Now my question after all this background is, can their patent be circumvented by using open source linux software?

No.


Title: My elderly Aunt attempted suicide. She called a suicide hotline to have someone take care of her dog. I few down and picked up the dog and now i don't want to give the dog back. How should i proceed?

Question:
[removed]
Topic:
Troll Post

Answer:
 Don't be an ass. Give your aunt her dog back. It is her property. She is entitled to it legally and morally.

> What should be my legal steps here in order to try and keep the dog from going back?

You can *ASK* your aunt if you can keep the dog. If she says no, you have no legal leg to stand on.

> Should i offer my aunt $900 (the price of the puppy)...

Sure. But unless you had a prior agreement that she would reimburse you travel expenses, you'll have to eat those costs.

> if she refuses should i demand my aunt reimburse me for my airline ticket, food, and time before i give her back?

You can reasonably request money for the food. But the ticket and time things are non-starters.

Jesus, you did something nice for a sick/troubled relative and now you want to screw her over by stealing her dog that she loves enough to call a suicide hotline so that someone would take care of the dog? Nice. /s


Title: [MO] Letter from collections on a no existing debt; what are my next steps?

Question:
I'll try to keep this brief, but tl:dr; Accounting error from Charter led to a letter from a credit agency for non-existing debt; how do I keep this from damaging my credit?

I got a letter from a Collections agency dated 7/24/17 that I owed Charter Spectrum $110.00.

I thought it was very odd, because I have AutoPay set up. Sure enough, when I checked my account, I had no outstanding balance, and my records show my payments have been on time.

I've had Charter for the last three months. I previously had an account with them for one year from October 2013-October 2014.

So this morning I called Charter to see what the problem is. They have no record of any outstanding debt. However, they said that when I cancelled service in October 2014, I had an outstanding balance which was paid in January 2015. I have no paper record of this and honestly don't remember. It is possible but, again, I've always had autopay for my internet service providers.

Anyways, they said that this 7/24/2017 letter was in relation to this 10/2014 debt, even though their records were showing that the debt was paid off 1/2015. I asked why I was getting a collections letter for a nonexistent debt over two years after it had been paid, and they had no answer.

They said they would contact the collections agency, but the whole thing just felt off. So I called the collections agency and explained the situation. The collections employee said that they do not have my file on hand and would have to call back.

So I have yet to resolve this matter or understand why this has happened. Charter said that this has been happening recently (collections letters for old debts that were paid 1+ years ago), but they don't know why.

At this point I just want to make sure that 1) The collections agency is aware that I do not owe them anything and 2) I don't want my credit to take a hit for some weird error on Charter's end.

I am concerned about #2, because Charter said they would notify Collections that the debt had been paid. I said that was not accurate, as there was no outstanding debt that even needed to be paid. Charter said "Well, you DID have an outstanding balance before 1/2015." I said that I couldn't say whether or not that was true, but regardless, there was no debt, today or 2015, that was to be paid to any sort of collections agency. To say that I had paid the debt was inaccurate, and that it was an accounting error for which I had no responsibility.

I'm going to follow up with Charter and Collections, but I was wondering if there is anything I can say or do to make this go away without damaging my credit, as I have done nothing in this weird situation to warrant it.

Answer:
 Send the debt collector a dispute letter by certified mail with a return receipt. Keep it short; ignore all those 2-page rambling "examples" you see out there.

"Dear (debt collector), I am disputing the below-referenced alleged debt. Please validate and provide proof of assignment. It is inconvenient for me to receive phone calls. Sincerely (your name)"

This forces the debt collector to go back to Charter and get some documentation supporting the debt.


Title: [MD] If you inform the doctor's office of your new insurance plan, are they required to tell you that they don't accept it?

Question:
On 3/13, I updated my son's patient records with his doctor's office. He had turned 18 and we were told we needed to update his documentation before his next appointment.

On that paperwork, we provided the updated insurance information, to include the name, account information, etc. It was reviewed and signed by the office manager. They did not have me sign the "voluntary waiver of insurance benefits" in the packet, which I would have had to do if the doctor was not a participant in our plan.

His appointment was on 3/17. Nothing was mentioned then either.

In June, we received a bill for the full cost of the appointment and was told at that point that they don't accept that plan. We were also told that if we had told them about the new change, they would have made it clear that they don't accept that plan before the appointment date. It took MONTHS, but I finally got their records showing that we provided the insurance information before the appointment.

I can't prove it, but I did give them the new card as well. They didn't scan it in; apparently they didn't scan the one in last year, either.

Does a provider have to tell you they don't accept your insurance when you tell them?

Answer: No. It's up to you to know what your plan covers. There's too many plans for doctors to be able to know each plan. Answer #2: Your doctor's office may deal with 20-40 different health insurance plans. They do not know what your insurance specifically allows/does not allow off the top of their heads. The onus is upon you to know whether or not your provider accepts your insurance, notably by asking them to check and/or checking on your insurer's website.


Title: Employment denial for medical marijuana? (Pennsylvania)

Question:
I’m in Pennsylvania and will soon be undergoing a drug test for a position as a general manager.

I’m also a physician certified medical marijuana patient.

I will, of course, test positive for marijuana and amphetamine (legitimate adderall prescription).

In the event that I’m denied the position due to a positive drug test, will any legal remedies be available to me thereafter?
Topic:
Employment Law

Answer: The problem is that companies still can drug test any employee to OSHA standard because OSHA (federal) overrides states. Answer #2: Unfortunately, there's a distinction between your status and your use.  They can't refuse to hire you just because you have a medical recommendation.  But they can still discipline or fire you for testing positive at work.  Whether or not a positive pre-hire test with a prescription is grounds to refuse to hire has yet to be litigated in PA.  Ultimately, it will probably be treated like other prescriptions for a pre-hire, but there's no definitive answer yet


Title: If a public baseball field (in a city park) is not reserved, can anyone use it?

Question:
Location: Minneapolis, Minnesota.
EDIT: The reason why I ask is that the parks guy yells at us for using the baseball field in the winter and I would like to show that he is in the wrong.

Answer:
 Google:

https://www.minneapolisparks.org/rentals__permits/athletic_field_rentals/


Title: Drama at Chuck-e-Cheese

Question:
So tonight I, an adult male in California, take my young two kids to Chuck-e-Cheese.  While my kids are off being rambunctious, I go over to the soda machine to refill my drink.  I walk up to the soda machine and see that there is an 8 to 10 year old girl with her head under the spigot of the orange soda.  I gently grab her shoulder.  She stops and runs off.  I figure it was because she got caught doing something she knew she shouldn't be doing.

&#x200B;

In fact, she ran to her mother who told me in no uncertain terms not to touch her daughter.  Fair enough, I just wanted to drink my soda, and eat pizza while my kids played games.  This wasn't enough, and she kept yelling telling me, I don't really remember what.  She goes off to complain to a manager, which I can see from where my booth is.

&#x200B;

At this point, I sit down, and sometime later the pizza arrives.  My kids run out of money, so they eat pizza.  After the pizza, we turn in the tickets to the ticket muncher machine, but I tell them we will be leaving and we will save the tickets for next time.

&#x200B;

Now the husband gets over, gets right in my face and tells me that I should never touch a kid, and that he has called the police, and they are on their way.   Apparently, by grabbing her shoulder, I have committed assault and battery in the state of California because it was a child.  The manager came over, and took the guy away to sperate us.  Another older guy walked with us as we were leaving.  He was friendly, and didn't seem to have any issue with me.  He even said that some people are just over sensitive.  He was also surprised to hear that the daughter was trying to drink out of the fountain.  I get the sense that the way she told it was as if I were just trying to move her out of the way to get a drink.  However, I left, and I'm not sure if they (the police) could track me down if they wanted to.

&#x200B;

My question is this though.  Was what I did technically assault and battery?

Answer:
 In California, *assault* is defined as "an attempt to commit a violent injury on someone else". You weren't attempting to injure her. *Battery* is defined as "unlawful use of force or violence on someone else". Technically, you did commit battery, but I highly doubt any PO would pursue it.

Should you worry about it? Probably not, but for God sake, don't touch someone else's child unless there is a direct danger.Answer #2: The elements of battery in CA realistically require

>You touched someone else,

>Willfully,

>In a harmful or offensive manner.

So Battery requires an “offensive touching”. This can be a very slight touch (for example, spitting on someone), it can be by using an object (like using a stick or writing on them with a Sharpie), and it still applies if you touch them through their clothes.

I think it’s clear you gave a touching, and that it was willful. So the question is, was your touching “offensive”. This generally requires it to be “violent, rude, angry, or disrespectful”. For example, If I see my friend in the mall and tap his shoulder to get his attention so I can say hello, that’s not going to be considered an offensive touching.

So tapping her on the shoulder to get her attention? Probably not battery. Shaking her and saying “Hey punk! You know how unsanitary that is!” likely is battery.

“Grabbing” her shoulder is more on the second end of the spectrum


Title: This guy pretty much stole 200 from me... 4 months ago

Question:
This guy I was trying out for my company , collected 200 bucks from a client.  He was supposed to give me (owner) that money but that was 4 months ago.

 Obviously he didnt pass his try out week and he tells me all kinds of different excuses about the money.  Ive given him many opportunities to give me back that money but he keeps playing around.

Im in FL, what are my legal options to send him to court and get my money back plus interest, Court fees, etc.

Ive never taken anyone to a small claims court/judge. So any advice would be great. Thank you!

Answer:
 Realistically, this money is probably gone. You could sue this guy in small claims court, but it isn't going to be easy. You'll need to file, which if IIRC, will cost you about $65 in Florida.

Then, best case scenario, you'll only get a judgement saying that this guy owes you $200. You then have to find a way to collect this money, probably through a wage garnishment. If this guy doesn't have a regular job, then you may never get any money.


Title: Likelihood of 10 year ban at border patrol?

Question: So I am in the military and my wife is from Italy. She and I got married in March but I am now back in the USA and she's still in Italy. To be considered married in the military you have to show them original documents such as the marriage certificate, her birth certificate, her passport and her visa. While she's here my plan was to change her ESTA temporary tourist visa into something more concrete. We bought a plane ticket round trip for her to come stay with me for one month, then to go back home. She is very nervous about traveling overseas alone for the first time. She is finding online that it is illegal for her to come here with the intention of applying for an adjustment of status/some other visa. She is very afraid that she'll be denied entry to the states and be turned around with a 10 year entry ban. My plan was for her to tell customs/border patrol that she is only here visiting me, but she thinks they won't believe her since she is married to me and only has the tourist visa. Any advice would be appreciated.

Answer: Yeah. Don’t lie to CBP. You should know that already. Have her file for an IR1 as the spouse of a US citizen. Yes, you have to wait. It will be worth it and it’s not a terribly long wait.Answer #2: You are knowingly breaking the law, you are doing EXACTLY what the law prohibits.  Of course she should be worried.  You need to talk to an immigration attorney right now before you really fuck this up.


Title: how would I go about taking up a case with Nissan?

Question:
Las Vegas, Nevada: My car has been at the Nissan dealer for nearly a month now. Reason being is I brought it in because I got a check engine light for the same part that was replaced by them last year, all under warranty. The part (cat converter) now ruined the engine since parts of it were sucked up into the engine, and they tell me that the oil sample that was sent to them did not show enough material to warrant an engine replacement, so now I'm SOL. I want to try and take some legal action with Nissan since the part that was under warranty ruined another part of the engine, and to me I would think that would fall under the warranty as well. I'm not sure if I have a case here but I want to try.

Nissan is replacing the cat converter but not the engine

Answer:
 Slow down, speedracer.

Have you escalated this to Nissan's corporate customer service?  And why are you shit out of luck?  They said that an engine replacement is not warranted.  So they're still fixing the car, right?


Title: Landlord is saying my roommate and I owe 1900 dollars, our math says much differently, suddenly she won't answer our calls.

Question:
(CO) My roommate, being the prick that he is, decided to not inform me that he hadn't been paying rent for a few months. Our landlord sends me an email, saying that we owe her $1888 by the end of May. We do the math, and we find that while we still owe her money, the total amount that we should owe her is not even close to the amount she says we owe.

I send her an email and a couple of texts asking if we can see her ledger, so that we might be able to compare our math to hers, and suddenly..... nothing. Radio silence. She is normally relatively quick to respond, but as soon as this topic came up, she seems reluctant to answer our calls.

Something smells fishy to me. I think that my landlord might be trying to scam us out of some money. But we have no way to prove it, since she will not answer our calls. What should we do if she continues to not answer? Or if she answers and refuses to show us the ledger?

Answer:
 >My roommate, being the prick that he is, decided to not inform me that he hadn't been paying rent for a few months.

You presumably know how much you have paid since you signed the lease, but your roommate could be lying to you about when he stopped paying and how much he owes.  Given your description, I would believe the landlord's assessment of the amount owed over my roommate's assessment of the amount paid.


Title: A client has an outstanding bill for a ghostwriting project for months but still wants me to continue working on other agreed projects

Question:
I'm a ghostwriter who tackles all sorts of writing, including commercial copy and ghostwriting books.  About two years ago I wrote a book for a client that she was very happy with, working for a fixed price.  She paid promptly and also got me to do some commercial writing for her business on the side.  I was asked to work on another, much longer book and happily agreed.  However, due to the project length I asked to be paid a monthly rate for my time as the amount of time the project was going to take partly depended on access for interviews, changing specifications to fit the business, etc.

The first six months went well on the writing side but payment was highly erratic.  It took three months to get the first invoices paid and the client routed different parts of the payment through different companies that they ran.  I wasn't too fussed where the money came from as long as it came.  After the third month, I was told to direct all invoices to the financial director of a new startup she had set up.  Payment became more erratic and the CFO explained that they were running short of their phase 1 funds and wouldn't be able to pay the last invoices I sent until phase 2 investment was secured.

By this point I had been paid for five months, sent in a full invoice for the next month, and then when that wasn't paid I only worked a half month and then a quarter month in the subsequent months, before downing tools entirely.  That was 7 months ago now.  In the meantime, the client has repeatedly confirmed that they owed me the money but has stated that they don't have the funds to pay.  I know that this is true for the folded startup but the client herself is a multi-millionaire with other successful businesses, who often posts about luxury holidays she has taken on social media, just one of which would probably cover my outstanding costs.

Now, I understand that you don't get rich by risking your own money, but my agreement to write was with the client herself, not with one of her businesses.  I would already have taken the matter to court if it wasn't for the fact that the publication of the first book was still in train and I am due a profit share from that.  However, the success of the first book will depend on how much resources she puts into marketing it, so I didn't want to rock the boat yet.  I also thought that her share of earnings from the first book could cover my outstanding costs.

I have been asked by the client to do some polishing work on the manuscript and hand it over to an agent who might fund the rest of the book and cover the back payments, but I am currently unwilling to do any active work on the project.

&#x200B;

Here are my questions:

First, if my outstanding payments are covered now, with invoices 7-9 months late, am I still contractually obliged to finish the book?  I have written half of it but now have no confidence in the client and have shifted future work off my schedule.  With my enthusiasm gone, I would really rather not return to the work, but if my invoices are finally paid, would that resurrect my contractual obligations?

Second, am I endangering any claim I have by allowing things to ride for so long?  If I don't pursue court action by a certain point, do I lose the right to pursue that action?

Third, who owns the rights to the drafts I have completed so far? If the contract has been broken, do I have to turn over the chapters I have finished to the client for them to use as they please or do I retain ownership of them because the contract was broken?

&#x200B;

Any help on this would be greatly appreciated.

Answer:
 Does your contract you have with your client say you can include legal costs if you have to sue for non payment?Answer #2: I understand there is no contract, but was there any sort of written acknowledgement of monthly payments per invoice? If so, I believe she's voided that by not paying as agreed.

If it were my, and IANAL but have tons of freelance experience, I would say that the rest of the book must be paid upfront. Hand over what you have only after payment of the current balance. So turn over the chapters you've finished only after you've received payment for them.

I can't comment on any amount of time you have on the claim, but in the US, I tend to focus on getting anything like that done within the year for tax purposes.


Title: Can a donation be a bribe?

Question:
Hello /r/legaladvice,

I am moving a business to a place where an existing biz has a TAW agreement.  I need them to move fast.  Can I offer the LL, which happens to be a place of worship, a donation if they can get those people out of there fast?  Like, 15 days fast.

I don't want to sound sketchy about it, I just need the space because my industry requires a bit of notice and licensing takes some time.

Thank you!

edit:  Thank you for all this good input, I'm going to wait for the final OK from this place and then get in touch with the tenants.

Answer:
 How bout making the donation to the people you want gone.Answer #2: > Can a donation be a bribe?

If it's a donation, it's a donation. If it's a bribe, it's a bribe. Yes, the two might seem to bleed together, so this is something that you really, really, really want to run by your attorney before engaging in. And the landlord can't get the people out any more quickly than the law allows. So if you give someone money to break the law, does it matter if you call it a donation or call it a bribe?


Title: Landlord demanding 2 months rent to let me move out even though my lease is up

Question:
Location: Texas

Okay, my lease is up at the end of this month, and I will be moving into a house I am in the process of buying. The *planned* closing date was July 31, but this has come and past and I do not know when the closing date will actually be. Because of this, I have been literally unable to give 30 days notice. I called my landlord to ask what could be done about this and was told they actually require *60* days notice per the lease agreement.

Now in order to move out I am basically being held hostage for 2 full months worth of rent (even if a new tenant moves into my apartment). This will be nearly $2000 which I cannot afford because I am doing closing costs, down payment, and soon will be making monthly mortgage payments. I went ahead and put in 60 days notice starting today, which means I will really just have to pay for 1 month and a week or so of not living in the apartment but this was just a temporary stopgap and would still cost in the neighborhood of $1200.

What can I do about this? I've thought about just saying "nope, not paying it" because I've been told your wages can't be garnished in Texas for rent payments. I also don't really care if they tank my credit because I already have the house and have no plans to buy anything else I can't just save money for the old fashioned way.  Also, I don't own a car so that they can't repossess it, and I know they can't go after my IRA.  I can also just empty my bank accounts and put my money in a mattress or safety deposit box if a have to.  It literally seems all they can go after is the house itself, but even that apparently has a homestead exemption as my primary residence.  Is that so?

*Note* That I am not breaking my lease. They want to charge me two months rent for moving out once my lease is up for only giving 30 days notice instead of 60. They have also demonstrated 0 inclination to work with me at all. I point blank asked "what can I do about this?" and was told management would tell me the exact same thing - that I had to pay the full amount all at once.
Topic:
Landlord Tenant Housing

Answer:
 Well, if the lease states you have to give 60 days notice, then you have to give 60 days notice and they are fully within their rights to request that. Just because you weren't sure when the closing date was does not give you any justification to not give notice.
As to your second question: yes, collecting a money judgment in Texas is very hard as there is a lot of property that is exempt. Your house is on the list. You can find a complete list of everything that is exempt [here](http://www.avvo.com/legal-guides/ugc/what-property-can-i-protect-from-judgment-creditor-seizure-in-texas)
If you opt to go this route, keep in mind that it will show up on your credit that a judgement was awarded. Judgements are valid for 10 years and can be renewed, so if your landlord really wants to, this thing can follow you around for a very long time. Any money you receive other than wages over the next 10+ years may be at risk for garnishment to repay the judgment.


Title: What would be the consequences, if citizens of a US state tried to vote in a state-level hereditary monarchy?

Question: What course of action would the federal government have against it?

Answer: The constitution requires all states to guarantee a republican form of government. The federal courts can also issue a writ of election for a governor (also in the constitution).  You can have a person in a state named King with his own royal Court but the overall system must be Republican, and the federal government isn’t obligated to respect the title of nobility because it can’t (in the constitution).


Title: What are you legalny allowed to do to people that put their feet onto your armrests from the seat behind you in an airplane?

Question: You know I just want to prepare for the person that won't care next time in on the plane and I'm not sure what you can actually do without getting in trouble.

Answer:
 Legally you can (a) ask them not to do that and/or (b) ask the flight attendant to do something about it.

“Doing” anything “to” that person will risk you starring in one of those viral videos about people being forcibly removed from from the plane.Answer #2: Talk to flight attendant and they will take care of it. Planes are not a place you want to confront someone and open up the situation to become hostile.Answer #3: Just tell the flight attendant "I need a different seat because this seat has too many stinky shoes on the armrests."


Title: Fed up with doctors

Question: Michigan - I went to doctor for routine checkup including pap smear. My blood was drawn then the doctor came in to do pap smear but before beginning she asked me twice if I wanted STD testing and I told her no twice. She ordered the test anyway. When I spoke with her she tried to tell me that I verbally consented to tests I said no because I already knew my status so why would I. She left the room and never came back. Can I sue her? If so what type of attorney should I talk to?

Answer: No.. so you declined the test, and it never happened. That's not malpractice.


Title: NY: Are documents stored on my phone ok for a traffic stop?

Question:
My wife renewed her license and the DMV sent her a PDF of a temp. She printed out a paper copy out of an abundance of caution, but is this required?

More broadly, when do you need physical paper and when do original electronic documents suffice?

Answer:
 Well, does voluntarily handing your phone to a cop sound like a good idea?
Answer #2: Some states allow for electronic documents.  Others don't.

*All* states allow for paper documents.  So just make paper documents.


Title: GA: Quitting a job over wage garnishment violation, how do I document it

Question:
Long story short, my friend's boss started taking money out of his paychecks to repay a personal loan that was made before he starting working for that boss. The loan was made in April 2015, he began working for that person in June 2015, and the paycheck deduction was made without the employee's consent this past month. That's not ok in Georgia as far as we can tell, and he's going to file a complaint with the labor board about it when they open this week.

He's going to quit though because of that and the company's repeated use of counterfeit products, and it seems like unemployment insurance can be paid out if he quits for a reasonable work-related reason. How can we document the reason for quitting appropriately so the unemployment claim can go as smoothly as possible? Will an email to the employer documenting the reason for leaving be sufficient?

Answer:
 Georgia is what's called a "1 party consent" state when it comes to recording conversations.  This means that you can **SECRETLY** record any conversation that youre a party to.  (Ex. Phone calls too)

Just confront the boss about it.  Get him to admit that you never agreed to have your wages garnished. Tell him your going to the dept of labor to file a claim.  He'll fire you.  Then go to the dept. of labor with the recording of you being fired for threatening to go to the dept. of labor.

Case closed.
Answer #2: He can file a formal wage claim with the state.


Title: Made an order, seller canceled and claims to have refunded me, but they have not.

Question:
On 25 December I ordered a Logitech G810 keyboard for $84.79 from AZ Reviewer via their website, and my card was charged accordingly. On 26 December, the order was canceled due to "lack of inventory", and the email I received claimed that I was refunded. However, I have not been. I do not see the refund on my statement, and I do not have the money in my available balance. I waited a week until sending an email, and have not heard anything.

Do I give up on dealing with them and phone my bank?
Topic:
Consumer Law

Answer: Refunds can take a while sometimes,especially durin the holidays. Give them at least 10 business days for it to hit your account.


Title: Girlfriend was arrested for DUI (Kentucky) last weekend of January due to a prescribed medication for headaches. ANY advice would be greatly appreciated!!

Question:
My girlfriend (who is also a pharmacist) was arrested for the DUI the last weekend of January. She paid extra money to have her blood results (she opted to have a pee and blood test before she went to jail for the night) sent to a different lab to get the results quicker. Long story short, she was on her way to see a doctor, wasn't allowed to eat and had taken a medication called Fiorcet (This is not a necessarily strong drug and isn't considered a narcotic in the state we live in). She was arguing with her dad on the phone and swerved off the road and the police pulled her over. She's never had any legal trouble ever in her entire life. Police Officer wrote up a really nasty report saying she was slurring her words, could not say her alphabet backwards, did not know the exact time, etc. Her blood results came in this week and her lawyer said she supposedly had a high level of the drug in her system. No details yet on a exact number of the concentration in her blood, etc. She has explained to me your allowed to take 6 of these in one day and said she had only been on the medicine for two weeks, maybe taking roughly 5-8 pills total. She's afraid she's going be given a DUI, lose her pharmacy licenses, etc. Any advice on what to do?

TL;DR: Blood results for the medication was high (according to her lawyer, though no exact numbers yet), she has said the medication isn't that strong and should not have resulted in her DUI.

EDIT: This is a prescribed drug to her from her doctor for headaches.

Answer:
 IANAL.

[Fiorcet](http://www.migraines.org/treatment/pro_frct.htm) contains a barbiturate, which certainly can impair driving skills. That's all the cops need to know. This charge will likely stick.

On another note, cell phone use while driving is bad.


Title: [TX] Pay being removed from paycheck. Is it legal?

Question: I'm currently 17 and I live in TX. I have been working for this company for roughly 6 months however all the stores in my area are franchised under the same individual. I started having pay deducted about a couple of months in but it wasn't anything major, usually just a few dollars here and there- I was slightly annoyed but it didn't seem worth losing sleep over. However, about a week ago when I picked up my paycheck I noticed a major discrepancy. I work for $8/hour and I had worked roughly 47 hours that week. After taxes and such my gross pay should have been a little over $300 but there was a $50 shortage on my pay stub. I was told by an associate that forcing employees to pay shortages is illegal, is there any basis to that claim?

Answer:
 Why don't you just have a chat with payroll to find out if there is a reason for it or if it's actually a shortage or just a correction to your pay and taxes.Answer #2: Some states let minors not be taxed on the first $1000 (or so) they make in their life, so it might be taxes coming out. But definitely talk to your employer or HR.Answer #3: I am not a lawyer.

This website I found describes your situation. It's from 2012 so the laws may have changed.

http://www.texasemployerhandbook.com/2012/04/649/

It describes that the deduction must be approved by you. Do you remember signing anything when you got hired that said you will be required to pay back any shortages in your register on the nights you count down the register?

Are you the only person who has access to your register while you're working it? I would talk to them and ask them how they determined you were at fault if you share the same register drawer with more than one person. Keep it polite, and remember they can fire you at any time.

http://www.twc.state.tx.us/jobseekers/how-submit-wage-claim-under-texas-payday-law

I'd consider using the TWC to submit an unpaid wage claim as a last resort.

This is my first time responding in this sub, someone please correct me if I'm wrong


Title: My sister let my nephew's eardrum burst because she wouldn't treat him, what are my family's options? (MA)

Question:
My sister is, quite frankly, an unfit mother. She has refused to vaccinate my two year old nephew, nearly starved him when he was a newborn because she insisted on trying to breast feed when her supply wasn't good enough, and thinks that essential oils will fix everything.

A month or so ago my sister took my nephew to the doctor because he kept crying and tugging on his ear. He was diagnosed with an ear infection and given an antibiotic. My sister decided to follow advice she found on a mommy blog instead, and never picked up the prescription. Instead, she tried to treat it with raw honey.

A couple nights ago my sister took him to the ER because he was screaming with pain and there we found out his eardrum had burst from the infection.

This is the last straw for all of us, my sister is crazy, my nephew's father is a deadbeat, and now his hearing might permanently be affected because of her awful parenting. My parents had toyed with the idea of trying to get custody ever since we found out she was refusing to vaccinate but now they really want to try.

I called CPS on her but they haven't visited her house yet. I'm worried they'll be ok with her because her house is clean.

How can we get my nephew away from my sister?
Topic:
CPS and Dependency Law

Answer:
 INAL but I live in a community with a large anti-vax population. They are very knowledgeable about what laws protect their right to choose not to vaccinate their children.  I’ve seen social media posts of people telling each other how to get around school vaccination requirements, organized campaigns and petitions to law makers, etc.

My point here is, even though you think she is a wack-job, don’t underestimate the organized and informed sense of community this population shares. They think the vaccinated community are a bunch of mindless sheep with the wool pulled over our eyes by big Pharma, and those who do vaccinate are considered horrible parents through neglecting to be “truthfully informed”.  I find most of them to be reasonable about seeking medical care when necessary, but there are those who will fight tooth and nail to preserve their rights against forced medical care.

Hopefully the little guy is on the mend. Good luck. Answer #2: Do you know your nephew's doctor?  If so, you can call them and ask to speak to the doctor privately and inform them of the new situation.  Ask them if there's a way they can help the kid.

To be clear, a doctor can listen to you, but can't tell you what they will or will not do.


Title: [AL] Are drug testers allowed to watch you give sample?

Question:
So I have a shy bladder, and had to give a pre employment urine drug test.  When I went back to give my sample, the administrator came into the tiny bathroom and closed the door behind us.  There was a mirror on the floor angled towards my privates and he would sit there are look into the mirror to make sure I wasn't cheating. I tried 4 times in 3 hours, but I was so uncomfortable I could not meet the minimum amount for the test.  Is it legal for him to literally be watching the urine come out?

Thanks

Answer: Yes. People shockingly cheat on these things. Most tests are monitored


Title: Help, ex girlfriend and I work at the same place and she made a claim that I sent her some (probably nasty) emails that I know I did not

Question:
Hey guys, title basically explains it, here are some more details. I just got contacted by one of my union reps (let's call him ace) about half an hour ago by text message saying "Hey man no more emails to (ex) gary already has a copy of one you sent" and that's about as much info as I have right now.

Huge post here, TLDR in bold at the bottom.

I should mention about Gary (that's a false name obviously), my ex and I got into an altercation a few months ago where I pushed her to the ground in the parking lot before work, and since then I have been put on leave for a couple months and then suspended for 5 days and now I am back at work as per normal shift etc. Please no judgement on that, it was a really nasty relationship and we had been broken up and she wouldn't leave my house. Anyways. The union rep for that case was gary, and he was completely unhelpful and another union rep, ace, who I am decent friends with, actually helped me get my job back as soon as he heard what was happening. Since then I have heard through the grapevine that gary thinks very poorly of me and stated that he would have dropkicked me in the face if he would have been there when I pushed my ex. Fair enough. Whatever.

Anyways. Sounds like some dramatic bullshit was going on, I work with about a hundred people and they have nothing better to do than start rumors, many of them now including me and how I was incredibly abusive and my ex would come to work with black eyes all the time etc, which of course was not true. The ex actually would attempt to beat me up often at the end of our relationship, and in the last occasion when I finally convinced her to leave my house, she got hammered at the bar with some coworkers and came back home and screamed at me for 4 hours then tried to beat me up, I ran away downstairs to the roommates and half an hour later I went to see what was up with the ex. She had put on a fake black eye with makeup and claimed that I punched her in the face and that she should call the cops, blah blah blah, total piece of shit, I wasted all her time, etc. Basically we (roomates and I) called her on the fake black eye, they talked to her for an hour or so and she finally passed out or fucked off or whatever and the next day she moved out. This was not a terribly uncommon occurrence, she's pretty nutty. So yeah, in this situation I do have witnesses but I prefer not to get cops involved.

I feel much better now that she's gone, obviously. However, I got shafted at work for the incident where I pushed her in the parking lot, which was fair. Gary was the union rep at the start of my case and he appeared somewhat sympathetic but since then I've heard, this is not the case.

The ex keeps coming over once a week or so to bring a coffee and try to talk things out, I'm not having it and very very politely tell her to leave. I'm very careful because I know she's fucking nuts and she will probably try to pull something. A couple weeks ago she came over and it got nasty, I lost my temper and told her to fuck off, she's a narcissist, to stop trying to gain control over me, etc. Should not have happened. I thought I had heard the last of her bullshit but like I said, about an hour ago now since typing this, I got this text message and I messaged ace back and tried to call but I got voicemail and now all I have gotten as a response is that he will try to find out more. She dropped a coffee off at my house about 4 hours ago, just opened the front door and put it on the table and left.

What do I do? I never sent her any emails, I have control over all my email accounts, I checked them and no emails were sent but of course something else could have happened. My ex's dad is the City IT chief and knows a lot about hacking etc. so I'm worried he is helping my ex do something fucked up.

Should I lawyer up? Should I just play it safe and chill until I hear more? ***Is there any way I can prove I did not send any emails to her?*** I have never sent her an email, ever, even when we dated, which was almost a year and a half.

I am going to call ace and try to figure out what's going on. I think I'm reasonably safe at work but a little worried about gary since he made this aggressive remark about me. I work at one end of our building with guys I know I can trust 100% so no issues there.

Thanks in advance for response, sorry, I know this is too much information and yet not enough information about what really matters.

Sorry, forgot to mention I am in Canada

Answer: Did you seriously just post all that without providing a location?


Title: Does my dad have to pay these bills?

Question:
My dad just received a ambulance bill for $1000 even though he did not call or use the services.

Some backstory to this is about 2 months ago my dad came home from the bar after work. He had been experiencing soreness and was stiff. He was going to the chiropractor and getting adjustments. Well as he was reaching for the door to house, he slipped and fell to the ground. He had trouble getting back on his feet and could not get back up by himself. At this point somebody called the police and an ambulance. When the police showed up they helped him up to his feet. They asked him repeatedly if he wanted to call the ambulance and get stitches, my dad refused the service. An ambulance did show up as well. They then asked him if there was anybody at home who could watch him. My dad lives alone so that was a no. After refusing to use an ambulance they handcuffed him and took him to the drunk tank. There was an $80 fee for that. They released him at 3 in the morning and sent him home in a taxi with voucher that would take him about mile away from home where he had to walk from there. He got a bill from the hospital for a $150 emergency room visit even though he he didn't go. He was charged $2000 for an ambulance service, his insurance will cover half of it. He was not charged with anything he has just been sent the bills. Is he legally obligated to pay for these or is there something he can do about this.

Answer: Dispute it and be relentless


Title: Taxi comes an hour lste makes us miss a 600$ holiday

Question:
Me and my dad were supposed to go on a holiday from monday to friday. We ordered a cab to take us from our home to the airfield. The taxi arrived an hour late which meant we weren't able to take our flight. Is there any way we can get out money back? (We have proof that the taxi should have been there at 5:40 and we have proof that he was late. Not sure if it adds anything)(we're in The Netherlands Rotterdam. And we ordered the taxi three days before it was supposed to taxi us)

Edit:location

Answer: I am not sure about Holland but in the US, you would have a duty to mitigate the damages by calling another cab when it was obvious that the first one was late. Waiting an hour for a cab when you have a flight to catch is ridiculous.


Title: [MO, USA] About a month ago my girlfriend attacked me because I took her phone to see if see if she was cheating on me.

Question: [removed]

Answer:
 Honostly you've also admitted to at least one other crime depending on your states definition of hacking an electronic device.Answer #2: >I hired an attorney ($1500) and he wants to get it reduced to a disturbing the peace - citation. The fines and court costs for that are $500.

Good!  This is the right move.

>Should I attempt to take it to court to get it completely dismissed?

Why are you attempting to undermine the advice of your lawyer?  Would you agree that your lawyer, who has access to the intimate details of your case, would be a better resource than the internet?Answer #3: You're paying him to keep a domestic violence conviction off your record. So, to essentially save your career and future.

Worth every penny. Answer #4: > Am I paying too much? My attorney is literally going to sit down for two minutes with the prosecuting attorney and that costs me $1500.

If that 2 minutes results in dropped charges or a favorable plea bargain, then I'd say it's worth it.

Also, just an FYI, you said:

>  My now Ex-Girlfriend has already stated that she will sign an affidavit stating she will not press charges or testify in court.

But if she is subpoenaed to testify, she doesn't get to say "no."  She will be required to appear and answer the questions asked of her honestly.Answer #5: Honestly, you assaulted her and stole her phone, AND hacked a personal device, and since the things you did were illegal, you should face legal consequences.

If you can get it reduced, good for you, bad for any future women that you date, because you will not have learned the lesson that you're in the wrong in this situation.


Title: [OK] Who is the owner of a service dog

Question:
Hey all, long time lurker, first time poster

My girlfriend just graduated college and moved back home with her service dog (has been in Oklahoma the whole time, she had the dog with her at college). Shes moving out very soon and her mom said she can't take the dog with her, since the dog was adopted in her name. The service dog's papers are in the daughter's name. Her mom is in a poor state of mental health and has other dogs that scare this dog. The daughter has been the dogs caretaker for 5+ years, and has lived with her (the girlfriend) during that time. She has been the one to walk it, pay and feed, vet appointments, etc. If she takes the dog, what happens next? Things are going south with her mother's mental health and she told her the dog stays at the parents house with the other 50+ animals. Yes, the dog has papers and all the actual documentation to be a legal service dog, not an emotional support animal. Thank you for your time!

Answer:
  Your girlfriend owns the dog. No judge is going to let the mom keep it if it's a legitimate service dog. If we're talking about one of those so-called "emotional support animals" then who knows because that is a semi-made up thing. Answer #2: I can't help wondering how an actual, verfied, documented service dog was left at home for 4+ years of college with no issues before this...

Dunno if it will affect anything going forward - but it just raises some red flags...


Title: In a California office, working for a Florida-based company. They're not giving paystubs, which is illegal here but legal there. Which law applies? And will I get the last week's pay after being terminated?

Question:
I posted a few days ago asking for advice about my situation, about how they're not giving me the healthcare that is on the contract.
https://www.reddit.com/r/legaladvice/comments/42ppo3/how_to_report_a_company_who_doesnt_give_promised/

The consensus was pretty much "if you're already going to quit, don't try and sue them and just let it go", which is sensible. So I've left today. After giving two weeks notice monday, I was terminated today after insisting that I work from home, to their refusal Anyway, that's not really what this post is about ...

They haven't given me (or anyone) paystubs for the entire three months. Employees have also been telling them for months to provide them but they never have. This maybe because they're a Florida-based company (with everyone doing the actual work located in California) which apparently doesn't require it by law. I looked it up on Google and California does require paystubs legally though..

So Im wondering what I should do in regards to getting paystubs, as my taxes are due this sunday. Furhtermore, I haven't gotten paid for the last week and a half of work. Any idea what their legal responsibility is here?

Answer: CA is actually really strict about the [final paycheck](http://www.dir.ca.gov/dlse/finalpay.pdf). There can be significant penalties if they don't give it to you within 72 hours of you being terminated. It doesn't matter if the HQ is in Florida. If they have a physical presence in CA, CA law is going to apply to them; both for the pay stubs and final pay laws.


Title: Tiger direct won't give me a refund

Question:
So I bought a computer part from tiger direct on Thursday that isn't working properly but since the store is closing soon they're on liquidation sale. They won't give me a refund for the it or anything but I should call up the brand of the part for a warranty. The reason i want a refund and not to get a replacement is because while looking for a solution for my problem i found out i got ripped off by 70$ on this part, this may sound fishy but I aware that the part isn't working. So I also found something online that says for fl state ) A person who purchases goods or services pursuant to a solicitation governed by this part must be given a refund, credit, or replacement, at his or her option, if:

(a) The goods or services are defective, are not as represented, or if any item described pursuant to this part is not received as promised.

(b) He or she returns the goods or makes a written request for the refund, credit, or replacement within 7 days after he or she receives the goods, services, prize, or premium, whichever is received later. A return or request is timely if shipment is made or the request is postmarked, properly addressed and postage prepaid, within the time provided by this section. Does this also apply for liquidation sales? And this is tigerdirects return policy http://www.tigerdirect.com/sectors/help/return.asp?MobileOptOut=1. They also let me know on my receipt all sales are final but I didn't know that until I bought the product

Answer:
 [The statute](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0501/Sections/0501.615.html) you referred to only applies to "commercial telephone solicitation[s]".  You purchased through a brick and mortar store, which means that the statute does not apply.

Your failure to shop around for a better price similarly isn't a legitimate reason for a refund.  Even if it was, the "all sales final" policy pretty much trumps everything else.

Call the manufacturer, get a warranty replacement, then sell the warranty replacement online.  Chalk the loss up to a life lesson.

Best of luck on future purchases.


Title: Do I have To Disclose MY Situation If I am Selected For Jury Duty?

Question: I was molested as a child, and now I was summoned for jury duty for an alleged aggravated sexual assault. Is this something I have to disclose, or can I still just stay on the jury? I think the defense will try and dismiss me if I say something. What is the right thing to do?

Answer:
 The "right" thing to do is to honestly answer the questions they ask you.

Also, that's the legal thing to do.


Title: PA, USA purchased a used car

Question: I appreciate the help up front. My story I bought a used Toyota Celia heard a bad engine knocking two weeks after purchasing. I checked there  was no oil in the car! I called a mechanic explained what the sound was, he said it needs a new motor, do I have any legal recourse? Thank you!

Answer: Why didn't you check your oil like most responsible car owners do?


Title: [Alabama] What legal action can be taken aginst a child with Downs Syndrome.

Question: My little brother is 14 with Downs and today one of our neighbors called the police in him for stomping on their sprinkler while it was out if the ground. I do need to say that this is not the first time that he has gone over there and had the mother call our parents to send him home and they have told us that they do not want him over there anymore. The problem is that he is friends with one of their sons and he doesn't understand that he can't play with him anymore and he gets frustrated by that. This specific time he went over there and knocked on the door and and asked to play but the the neighbor said they were asleep and that they couldn't play, she then said she watched him leave and then stomp on the sprinklers she then called the police and texted my mom. While I don't think the police were needed I understand that it was in her right to call them, but now I worry that if he ever goes over there again that she will call the police again and he will get into more trouble. He is high functioning socialy at about a 8-9 year old level but mentally he is quite low, I asked him today 2+2 and he couldn't give me the right answer. What I want to know is what kind of legal trouble can he get into?

Answer:
 Technically your parents are responsible for his actions. Did he break/damage the sprinkler? Or was just just pushing it back into the ground?

Regardless if he broke it then your parents should pay to fix any damage if requested to do so. Even though he's trespassing, he lacks the requisite intent/mental capacity to make it criminal trespassing most likely.

You just need to keep a better watch over him.  Answer #2: They can take action on your parents and they can call child services as your parents are failing to care for your brother.  The second is more likely if the police have to returnAnswer #3: Not legal advice: As the parent of a child with "needs," your best bet is not to get the legal system involved but do your best to make peace with your neighbors. That your brother doesn't understand the kid next door doesn't want to play is on your parents. In a perfect world that wouldn't be but that is life.

That said, there is nothing forcing your neighbors to make accommodations. At the very least your family should make sure you are immediately available to take care of the situation when the neighbor complains. If there is a major issue. install a fence with locks.


Title: Roommates facing eviction trying to get me evicted as well

Question:
Tl; dr: I live in CA in a rear unit or guest house on a month to month at will agreement with the landlady. My roommates in the front house are getting evicted for not paying rent. They went to court with the landlady and are saying that they shouldn’t pay rent due to the rear unit being an amenity of the front house and we should be evicted instead. The city itself has the rear unit listed as a separate property so I’m not sure if this is valid or if I should be concerned...

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I’ve posted about this before on a separate account but will provide some details again. I live in a rear unit or guest house to a larger house. The rear unit is a converted garage with two bedrooms a living room and bathroom. When I moved in there were 5 roommates who shared the living room, kitchen, dining room, laundry room of the front house and we split the rent of the back and front houses proportionately to our rooms and access to shared amenities (kitchen, laundry etc). So approximately $850 -900 per person and an extra room was Airbnb to help cover the remaining rent.

Around July, roommate A and roommate B who lived in the front house were Airbnb-ing their rooms to help cover their own rent. Roommate C, D and I in the back were fine until they stopped communicating when people were arriving and I kept coming home late in the evening to strange men by room (I’m a pretty small girl)and this happened 3 times before I complained.

This however opened a can of worms and started causing disagreements about guests, payments, etc. Roommate A and B who were acting as house manager and collecting rent, started requesting money for bills and damages without showing bills or proof of where they came from. For example a $200 water bill, damages for scratches on a table etc. I didn’t get too involved in some of the text conversations but this all accumulated with Roommate A and B sending Roommate C a notice that he needed to move in 30 days.

We do not have a formal lease, unfortunately, this is all month to month verbal agreements. So Roomate C reached out to the landlady only to find out she was sick with a brain tumor and dying, and later passed away.

During this time the landlady’s daughter stepped in and tried to mediate. She tried to talk to everyone and be fair by saying she did not know us personally and everything was a clean slate. She wanted us to fill out rental applications and give us a temporary lease.

Roommate C decided to move out as Roommate A and B were still bothering him and he didn’t feel comfortable living there. Roommate D and I filled out rental applications but never heard back from the landlady, until one day we were told Roommate A and B no longer wanted us to have access to the front house as they didn’t feel comfortable and were worried we would damage their things. We hadn’t had any communication or run ins with them for approximately a month at this point.

The landlady’s daughter tried her best to mediate but when Roommate D took a chair of hers in the living room, Roommate A took the opportunity to file a police report, claim we stole her things, and had the locks changed without notifying the landlady’s daughter. The police report went no where as Roommate D and I were actually at a concert together and clearly could not have done any of the things claimed.

However, when we came home and found out we no longer COULD access the front we were of course upset but tried our best to work with the landlady.
The rear unit doesn’t have a kitchen or does it have any laundry units. Eventually, through email, it was decided we’d wait for the city to tell us the MAR (maximum allowable rent) so we know the pricing of each part of the property. So roommate D and I continue to pay the original agreed upon rent, even without access to front unit as agreed upon when we moved in, and wait for the city.

We do this for two months (August/ September) and in October the city comes back and tells us the MAR for each unit, basically the back unit is set to approx $1500 and front house is set to about $4000. Since Roommates A and B do not want us to have access to the front, the landlady’s daughter mails us letters with copies of the MAR saying that with them changing the locks and original agreement the new price will be divided as such. Essentially our rent went down $200 per person for the rear unit and up for the front.

This is when the front stopped paying rent and started to say that the rental agreement was illegally changed, there were problems with the structure of the house, mold, etc. When the landlady’s daughter tried to schedule a time to come out and have these things checked with a maintenance person and someone from the city, Roommate A and B had given her wrong keys or changed the locks again and she could not access the house. Calling and texting them did not have any results.

As such, after 3 months of not receiving rent from them, and trying to get their maintenance complaints fixed, she served them papers and had them appear in court.

In court, besides grievances with the house structure, mold, etc, they are saying the back unit is an amenity of the front and we should be evicted, they should stay, and not have to pay back fees.

I’m at a loss. There is no written lease. The original landlady passed away, so the “verbal agreement” moves on to her daughter who has taken her place as landlady. The landlady’s daughter has tried her best to mediate and work things out for over 6 months, but Roommate A and B have done everything they can to block her and be disagreeable. I don’t want to get kicked out but I’m not familiar with this type of thing.

Would their case hold up? Or should I not be concerned as I’ve been paying the landlady’s daughter directly every month and so my living terms aren’t contingent on theirs? I don’t care if Roommates A and B stay as I don’t deal with them directly and as long as it stays that way, I’m fine. However, if I’m going to need to move I want to be prepared.

Any advice would be appreciated!

Answer: Their argument sounds dumb. My concern is an apartment without a kitchen considered habitable in your city.


Title: Received my first citation ever, careless driving. I want to fight it, I need help.

Question:
I live in Florida. On my way to work (night shift) a spider jumped on my face from the side and scared the crap out of me. I slowed my car down ad slapped the spider off my face, and I saw it crawling up my shirt again so I freaked and tried swiping it off. The car drifted to the right and I scratched the car next to me. We pull over. The driver was a woman driver, but her husband is who came out of the car, very aggressively. My car had no damage and theirs was literally a scratch (because I had slowed down, the road we were on was a 30mph limit anyway so I got really slow). He walks around my car and sees a Georgia tag (the car at the time was under my dad's name, it's now in mine) and he flips out, saying it's illegal for me to drive a Georgia tag car with a Florida license, and that he should know he's a correction's officer, he's calling the police and I'm going to jail. During that time I had pulled out my registration and insurance info because since it wasn't even a scratch I didn't think it was going to escalate into police being involved.

The police arrives, asks if anyone's been hurt, all say no. I tell him the truth, spider jumped on me and scared me. He wrote me a careless driving ticket and drove off. I've never been pulled over in my life, never even had a parking ticket before, and I feel like this is unfair. I wasn't trying to get a spider on my face. Can I fight this? The court date is Feb 5, I think it's a bit too late for me to hire anyone, I was going to represent myself.

Thank you for all your help.
Topic:
Traffic and Parking

Answer: How do you possibly think that leaving your lane and side-swiping a car is not careless driving?


Title: [INDIANA] My landlord canceled my lease because they leased it out to a "third party"

Question:
I am currently living in an apartment unit, and resigned a few months ago to keep my unit for the next year. I received an email a few days ago:
>Recently, there have been some changes to <address> affecting all leases signed for this August 2016, and it is very important that you come in to our office at your earliest convenience to discuss these changes.

What recourse do I have in this situation? My friend, who signed a lease and met with the landlord company said that they offered a similar apartment that they could rent (at full price), but that's about it.

This feels shady to me, and I would like to be fully informed before I meet with the landlord company. I don't necessarily need to keep my unit, but I would expect some sort of positive outcome for me.

Here is the lease: http://www.granitestudentliving.com/pdf/Granite%20Sample%20Lease.pdf

Edit: I should add that they are in the process of "finalizing" the deal with this third party - they have not canceled our lease yet. Thanks for all the feedback so far.

Edit 2: I have contacted our student legal services at our University. We will wait to hear back from them before contacting our landlord company again. Thanks again for all the comments!

Edit 3: I should mention that the offer that the landlord is giving is to change the lease (note, change the address, not a new lease all together) to a new address. The new apartment unit is smaller, and not as nice as our current unit (different layout, smaller kitchen, living room, etc.). It is $75/mo cheaper though. We reached out to the landlord asking for them to explain the lease changes over email (this is the first time that I have contacted them regarding this issue). Will update this post when they respond!

Edit 4: No response yet. We obtained a copy of our lease for the next year, and noticed something strange. There was no authorization signature..which means that the lease could potentially be invalid right? Here's a picture:
http://i.imgur.com/40CmtH4.jpg

Answer:
 Your recourse is to stay in your current place, continuing to pay the rent listed in your lease agreement.  Their recourse is to sweeten the deal enough to get you to go along with the change.

At minimum, you should ask for:

(1) Waiver of any claims of damage in the current place
(2) Their paying any connection/disconnection fees for utilities in the new place
(3) Their engaging professional movers to move you to the new place
(4) A few hundred bucks for the inconvenience.

Depending on how much they want you out, that few hundred could be a few thousand.

Answer #2: You don't have to move.  But if you're willing to move, negotiate. Tell them you want one month free rent plus $600 for moving expenses.  Or whatever you feel you'd need to do it.   They're probably selling the building and will pay you off to get you out.Answer #3: You've got a lease. That's a binding contract-- on both sides. What are the "changes" and what does your lease have to say about such a thing?Answer #4: This sub is amazing. So many people helping. That's all I wanted to add. Answer #5: Did they say what the "changes" are? Chances are this is bullshit, but if (for example) the building needs significant repairs and the tenants must leave for that to happen, they may have a valid reason for asking you to switch apartments.


Title: Landlord barged into my apartment with 2 goons, intimidating my 2 sons while I was not home, and shut down the gas, which I pay, and now is evicting me. I had a gov. agency respond to the eviction, but none of that was mentioned. What to do?

Question: I am in L.A, California

Answer: You are going to have to tell us some actual details.


Title: I found my real name and address with a ANTI Fake neutrality comment HELP!

Question:
I found my name on the FCC website and my real name with my real address has a comment on it saying I do not support net neutrality. It is the same spam-botted message with many other fake comments. I emailed FCC and they haven't responded. Please someone help me, I am all for NN and this is blatantly stealing my identity for supporting something I do not believe in. Can i take it this to court?

I am from New york!

Answer:
 You are in NY, where you have a fairly aggressive attorney general. Report this to the attorney general and ask that office to investigate the identity theft.

I assume the NY attorney general already has an open case where they're investigating this, since it's been in the news. Your report may help their case.Answer #2: Happens a lot, almost like its planned.Or a bot, let us know if you succeed in getting it taken down. k?Answer #3: No advice, but can you link to the website with these comments? Answer #4: File a police report for identity theft, please.

It is the only way this stuff is going to get slowed down.

PS:  if net neutrality end you, and the rest of us, WILL have damages.Answer #5: You have no damages so you can't sue the poster  even if you found them. Just ask the FCC to take it down.


Title: [VA] Trying to protect my son's information from unwanted parties.

Question:
A little back story:

* My wife and I are separating
* We have a son together(Age one)
* Wife is going to be moving in with her mother
* Using a throw away

I don't trust my wife's mother with my son's sensitive information(SSN, birth records, ect) due to my wife's mother having put accounts, bills, and other things under my wife's name with out permission and ultimately damaging my wife's credit.

I was wondering if there is anything I could do to protect my son from such actions and possible barring my wife's mother from having access to these sensitive records?

Edit 1: Clarity of trying to communicate that I am trying to block access to my wife's mother.

Edit 2: Looks like credit monitoring/id theft protection is the most logic step and advice on this matter would be appreciated!

Edit 3: Want to thank everyone for taking the time to help me with this matter it's been such an eye opener for me.

Edit 4: Headed to work will check back later.

Update: I voiced my concern with the wife and explained what I wanted to do. I even requested to be responsible for all the expenses associated with it. Ultimately she agreed. Thank you so much for everyone's help in the matter!

Answer: pay for credit monitoring and if the grandmother steals the kids identity then you can have her prosecuted and this would prove the mother unfit to care for the child's well being.


Title: My name is now Jerry Sandusky due to fraudulent activity. NJ

Question: [removed]

Answer:
 In Oregon, a judge has to approve a name change. I'll assume the same is true in NJ. I'm a bit surprised that a judge would allow it. I think most would assume that it was a prank.

If this really happened, these people committed multiple crimes. Call the police. Answer #2: So.... I just searched NJ Public Notices, which collects all legal announcements and didn't see this name announcement.  If you have one, link it.  Otherwise, I'm betting troll.


Title: My mother uses 80% of my child support on herself

Question:
I [17M] am turning 18 in a month and my mom is having the child support extended. When I asked about her giving it to me for new clothes she said no. She's given me 30-45 every month and I need clothes, shoes, school supplies, etc. I also realized I could've saved up for college and a car but she has spent every penny up until now. I don't have anything in savings and I think the last year's worth should go to me. She doesn't see this. She sees it as hers and won't give it up (she buys flashlights, candy, weed, and cigarettes) and I don't know what to do about it anymore. I talked to my dad and I'm calling DCSE tomorrow to try to have it switched into my name but I've never done anything like that. My grandma supports me for the most part and I live in her house. My mom lives with us but doesn't pay any bills and doesn't do anything around the house. She also hasn't done anything for me since 2014. My grandma and Aunt take care of me and I think it'd be in my best interest that she doesn't have it. I asked her about just giving it to me and she laughed and blew me off. I feel like I'm being robbed.
Topic:
Custody Divorce and Family

Answer:
 >I feel like I'm being robbed.

It's not your money. If you feel the money is going to support your mother and not you, you can tell your father, who will, if he's got any sense, tell his lawyer, who can petition to get the order modified or even terminated on your 18th birthday.Answer #2: Money is fungible, so even though those specific dollars are going into her needs, they're freeing up money she'd otherwise spend on those needs to care for you.

The law generally recognizes this, and will not require that she spend support money in a specific way. In particular, she is absolutely not required to give _any_ of your child support to you to spend as you please.

If she is neglecting you, DCSE can help your father transfer custody, and with that in place, support will flow the other way. Your father _also_ will not be required to give you any of it, and can spend it in any way he sees fit.


Title: [Military Law](USA) I am being charged for authorized housing payments payed to me while in the military. (More in comments)

Question:
So here is a short run down of my issue.
I did 5 years in the U.S. Navy. As an E-4 stationed in Guam the Barracks became over full and were at 90% capacity. I inquired about the possibility of moving off base into a place in town. My Command informed me that it was possible since the Barracks were over crowded. Normally the rule for this situation is that you cannot move out in town until you are E5. I followed the correct channels and received the correct approval to move out. IE: Command approval/ Base housing approval of the lease and required paperwork. I lived in town for about 7 months receiving regular housing payments before I became an E5. During the second year of living off base the Housing Office did an audit of their records and apparently my records had become missing. Being that I was a naive junior sailor at the time of approval I did not obtain copies of the records for myself(stupid I know). Post audit whichever party involved in the audit process sent an email to my command informing them that I now owed $16k+ for unauthorized housing payments for the year. OHA is $2100 per month for housing on Guam. I attempted to resolve this issue while in the service by obtaining letters from my Command stating that this was a mistake and that the payment should be waived. I have also received documentation from the base Command signed by the base Commanding Officer stating that this issue should be resolved and that I was authorized to receive said payments. Along with the lease from the condo which had to be approved by the housing department prior moving out of the Barracks.

After nearly 2 years and filing a waiver with the prior information I am still being informed(after multiple contact attempts from myself to the waiver department) that I now owe $41k+, do not have enough information for them to waive the debt, and that they will be working to garnish my pay and tax refunds.

All of this and my final W2(2012) showed $30k untaxed housing payments applied to my regular taxed pay that would not be adjusted until the debt was satisfied. costing me $5500 in tax payments for the year when filing taxes(which I did not file for that year in hopes that I would have the issue resolved within the year).

Anyways my question is what further steps can I take to get this issue resolved and is there any way to be reimbursed for the hardship this process has put me through. Honestly I would be more than happy with the issue just being resolved and something done to resolve the credit issues the process has caused.

Thanks in advance for any advice.

TL:DR - After nearly two years of fighting a false military debt for authorized housing payments I'm seeking advice about what I should do next.

Answer: You need to contact one of your State's US Senators and ask them to open a congressional inquiry or investigation.


Title: Toxic and abusive boss from hell

Question:
Hello, r/legaladvice.

I'm a CNA living in North Carolina and I have been since 2011. The facility I currently work at has been undergoing changes left and right ever since our old Admin and DON left. They've been firing a lot of the staff for trivial things, then going after their licenses afterwards, and also fabricating stories about why they got fired to deny them their unemployment benefits. I'm looking for advice because I heard a rumor from a trusted source that I'm next.

I only work weekends—doubles—as a med aide but they've been talking about getting rid of the med aides (because our census is really low. So I suspect that they're really just trying to get rid of people to cut costs.) My hours got cut and I came in on my day off to see if I could take another position in order to keep my hours. The DON told me I could pick up hours during the week. I told her I was unavailable during the week because of lack of childcare. She told me that she didn't like my attitude and that I had better get my "damn hands" out of my pockets. I just looked at her because never in all my years of being a CNA had I had a DON or supervisor yell and swear at me. She demanded to know what I was looking at. I didn't know how to answer the question so I just said nothing. She asked me if I was stupid. I told her I didn't appreciate being called stupid. She told me that I was just gonna have to suck it up because my hours were cut. I left before I said something to get myself fired but I hear it's gonna happen anyway. I heard she's making it seem like I cursed her out. I had no witnesses except that I recorded the conversation.

I live in a "right to work" state (North Carolina) so my question is...if she does fire me for supposedly cursing her out/being insubordinate is there any legal action I can take against her, or the job, for firing me under false pretenses or for no reason?

Answer:
 She can fire you for any reason she wants barring discrimination against a protected class.

If she tells other employers that you were fired with cause for doing things you did not that opens her and your employer up for a whole host of liability issues.

It's one of the reasons HR at larger employers will politely tell other employees to "shut the fuck up and let us do employee references/verifications." Answer #2: > I live in a "right to work" state (North Carolina) so my question is...if she does fire me for supposedly cursing her out/being insubordinate is there any legal action I can take against her, or the job, for firing me under false pretenses or for no reason?

Unless you are under a contract you can be fired for nearly any reason, or no reason.

Honestly, you should be looking for a new job because that place sounds like a shithole. Answer #3: If she fires you, apply for unemployment. If you are denied, appeal. You live in a one party consent state so the fact that recorded that interaction is great. Use that in your appeal. I would continue to record any conversations with this woman in the future.Answer #4: You should look into doing home care through an agency. The often pay better than most nursing homes and will work with your schedule. You will do a bit more since home care also means cooking and some cleaning but I think it is worth the trade off.


Title: [TX] Was told by employer that they do not do back pay

Question: I was told recently if I failed to submit my time sheet on time, my employer would not be paying me for the time worked, and that they do not do back pay. Is this even legal?

Answer: No, you need to be paid for time worked. Although I'd just submit it on time to avoid the issue if it comes up make a wage complaint with your state labor agency.


Title: [MA]My dad was hurt at work last week and his company made him sign a bunch of forms when he was on pain medication. is this legal?

Question:
My dad works in a warehouse, and this weekend a pallet fell off a rack and into my dad. Hes lucky to be alive, but he got really hurt in the head and shoulders, and he has a broken arm. The doctors had to operate and put a bunch of pins into his body.

Mom and I went to see him yesterday at the hospital, and as we were walking into the room we saw his boss and someone else who turned out to be the company lawyer walking out. A nurse told us on the side that they got him to sign a bunch of forms including a waver of liability. Dad was really drugged up yesterday, and he barely recognized us. Does this mean that we are going to have to pay for this? What happens if he can't work for a while?

Answer:
 It means he needs a copy of the forms and then to talk to a personal injury attorneyAnswer #2: First things first - write to his workplace informing them that the documents their lawyer had him sign were done so under the influence of medications and should not be considered legally binding.

I would also try and get the nurse / his doctor to write a note indicating that he was under the influence of medications and was temporarily not competent.

In court, obviously, you're going to want them first-hand, but the note should go a long way towards getting a better lawyer to agree to take the case.Answer #3: Talk with a real lawyer. There is a good chance that your lawyer could make those forms he made him sign worthless to the company and thrown out due to him not being in a sound state of mind and threatening him.
It would not be the first time companies and their legal team tried to take advatage of the drugged up, scared and injured person to get way not paying the bills. Hell they could even be tricking him into signing those forms knowing that in any court that they would never stand up to anything and be tossed out just to scare the person into not suing or going for a hail marry to stop having to pay.Answer #4: That is so fucked up. Why didn't the social worker, nurse, or anyone see what was going on? Talk to them and they will get on your side real quick. Answer #5: Medicated AND possible head injury?? Yeah, that's not gonna fly, but talk to an attorney asap.Answer #6: Those forms are invalid if he was under the influence of a judgement inhibiting medication, get a lawyer.


Title: What do you call it when someone persuades, promotes, or hints at harassment of a person?

Question: I live in Cyprus but this applies to US laws since this happened on a North American platform. I know this person promoting literal witchhunts on other people and I want to know what you would call that.

Answer:
 > I know this person promoting literal witchhunts on other people

Really?  *Literal* witchhunts?  Like with the priests and the drowning tests and burning at the stake?

>and I want to know what you would call that.

Trolling?


Title: Mechanic stole from vehicle (Quebec, Canada)

Question:
Last week I brought our car to a local mechanic to have winter tires put on. I waited at the mechanic while they did the work in their reception area, but they brought the car into the garage to change the tires. They had full access to my car for a good 20 minutes.

I didn't notice when I left, but the next day I found black grease stains on the ceiling in the BACK seat above our child's seat. As we were there for winter tires there was no reason whatsoever to be in the back seat at all.

What I didn't notice and my spouse noticed the following day was a necklace that is a family heirloom of hers was missing. It previously hung on the rear view, where it's been for the last 10 years and 3 vehicles. Wrapped around the mirror there is no way it could fall and if somehow someone broke the chain it would fall to the floor, not disappeared out the door.

It's obvious that it was stolen at the garage as we never leave our vehicle unlocked. I checked with the garage asking politely only if the "found anything" and they were immediately defensive claiming they would never even go through someone's car (which contradicts the big grease stain on my back seat ceiling).

I warned them I'd be calling the police and as much as it's "open and shut" it's all very circumstantial. I fully expect nothing to come of the police report. What other options do I have? Can I sue them in small claims? How could I place a dollar value on something that is "priceless" emotionally?

One thing that occurred to me as a way to avenge that injustice was to report the garage to our provincial revenue agency. That day I paid direct debit (paper trail) but no receipt was issued or entered on their point of sale and the sum was a fixed dollar amount. I am certain this was under the table but didn't give it a second thought at the time as I was in a hurry.

Thanks!

Answer: That's a strange place to keep a family heirloom with priceless sentimental value. I'm not seeing how the grease in the backseat is relevant.  You problem is you have no proof or even really any evidence of anything.


Title: Woke up to damaged car. All signs point to my neighbor doing it, she's denying it. Can I go anywhere from here?

Question:
Woke up to the trunk of my car completely scratched and torn up. From previous experience with an older car, I know this damage is from setting a laundry basket on the car then dragging it off. My townhouse neighbor parks next to us daily. She has a laundry basket in the backseat of her car. Went to her house to ask about it, and there is a laundry basket shaped hole in the snow on her porch. She is denying she did anything and that someone else must have damaged my car. Is there anything I can do from here or do I just eat the cost, even though it *must* be her?

Edit- in NY, though not the city

Edit2- do I file a police report to put pressure in the neighbor to confess. Is there any benefit to that? Or is that a waste of police time/energy?
Topic:
Other Civil Matters

Answer:
 > Is there anything I can do from here or do I just eat the cost, even though it must be her?

Your evidence is wildly circumstantial.  You have scratches that you think are from a laundry basket, and she owns a laundry basket - like nearly everyone else in the country.

You can certainly try to file a suit against her, but it's very, very unlikely to work.


Title: [US] A person who lived at my address before delivered a package here, when is it legally mine?

Question:
United States of America.

1) I left it outside for weeks in the hopes the person lived locally and could pick it up themselves.

2) I emailed the delivery company multiple times to come pick it up and return it to the sender, they said they would, but never ended up doing it.

3) I haven't opened the package yet.

When is it legally my package, if ever?

Answer: Never. Drop it at the nearest the Fedex or UPS store or in the nearest Fedex/UPS box.