Title: City wants us to put in a sidewalk where there is none, looking for resources on this issue

Question:
I live at the end of a dead end street in a small town in Iowa. The town has recently started a number of community improvements and one of their desired improvements having more sidewalks.

Frankly, the lack of a sidewalk was one of the things I liked about this house as it requires less upkeep from me.  (I understand that sidewalks encourage walkability, but I live in an area where no one walks unless they're lost, and that's another thing I liked about this house).

(I am probably a bit bitter - my previous two homes both had sidewalks. The first one had issues but the realtor said she thought the city handled sidewalk repairs there. They didn't. The second one looked great when I bought it, but it turned out they had "repaired" the sidewalk by spraying foam beneath it to level everything, and when the foam settled I was the one footing the bill to fix it again. Thousands in repairs plus thousands in snow removal service PLUS fees from the city when the snow removal service failed me...I'm not eager to go back to those times.)

They haven't yet produced any language that suggests I will be *forced* to add a sidewalk, but so far the language they're using seems to imply that this is what "will" happen and so on.  It also seems that homeowners will be expected to foot at least some of the cost - they said that for people who qualify financially they are securing grants that might be able to reduce the cost to the homeowner, but I doubt I will qualify.

I am wondering what my rights are.  I am sure that there is already information out there on this topic and I found a lot with Google, but I am having a hard time discerning what is legitimate info and what isn't (some pages contradict others).  So, I wondered if anyone here might be able to link to a legitimate source of info I can read up on.

Thank you.

Answer:
 Typically all cities have an easement about 15ft into your property where they can install sidewalks, plumbing, and electrical.Answer #2: Those arbitrarily saying the City is responsible for the sidewalks have no idea what they're saying. This is something that is mandated city to city and county to county. It is certainly, and even likely that you are responsible for maintaining the sidewalk in front of your house.

It is less clear that they can force you to install one where there is none. I know many municipalities will do this when a business opens, but this is the first I've heard of it happening to an existing homeowner.

Sorry I don't have a better answer, but I'd appreciate a followup when it's resolved.


Title: (PA) My job FORCES some of their employees to work a minimum of 45hrs per week without overtime no matter how many hours worked.

Question:
Hi,

I recently was promoted at my to a management position. This promotion also included them changing me from a "hourly" employee to a "salary" employee.

What they consider to be a salaried employee is someone who has to work a minimum of 45hr per week. However those 5 extra hours are never paid as overtime. They do add "benefits" which is $100 per month towards health insurance of your choosing. By the way if it helps at all. I make about $32k per year.

Is this illegal? I feel as if what they are doing is effectively changing the work week; from the nation wide recognized 40 hours, to 45 hours. Also they threaten to dock your pay if you work under 45 hours in the week.

Sorry if there is already a thread about something like this. I'm under the impression that this is somewhat unique but what do I know.

Thank you in advance!

Answer:
 The federal Fair Labor Standards Act and Pennsylvania’s Minimum Wage Act do not require overtime pay for any employee engaged in a bona-fide executive, administrative, or professional capacity who is paid on a salaried basis.Answer #2: You are presumptively an exempt employee by virtue of:

* your managerial role
* salary; and
* earning more than $23,600 per year

Assuming that you are properly classified as a salaried, exempt employee, then you get to know the joy of working however long your employer tells you to work.  That could be as little as 1 hour a week to a maximum of 168 hours a week, all without a change in your pay.  Recent changes to the federal law entitled salaried, exempt employees to overtime if they made less than $47,476, but that rule is currently on hold pending litigation.  If it is upheld, you should expect to start receiving some overtime compensation.

As for the threat to dock your pay.  Pennsylvania doesn't have any specific wage withholding statutes, but typically an employer cannot take money from your paycheck without your written consent or some sort of authorization in the law.


Title: [La] Name change post-marriage problems.

Question:
I was married to my husband two weeks ago through the justice of the peace. Signed our marriage license, applied for the name change at the social security office. Here's the iffy part:

I'm estranged from my father so rather than include my maiden name, I dropped it (and my original middle name) and replaced my middle name with my mother's maiden name.

For example, to make it easier to understand, it would look like going from "Mary Elizabeth Parker" to "Mary Smith Jones" where "Smith" is my mother's maiden name and "Jones" is the new married name.

Everything got approved through the social security office and I have my new social security card. I went to the DMV to get my new license so I can get the ball rolling for work, insurance and my nursing license and they inform me that because the new middle name is on no previous or current legal document, they won't change my name on my license. Apparently social security cards are considered a secondary form of ID?

I called my clerk of courts and they simply told me they didn't know what I needed to do. I tried calling a larger DMV and the DMV phone queue is telling me their call volume is too high to accept calls.

Figured I'd try my luck here. Do I really need to get a court petition rolling to change my name? This seems silly since the SS office accepted the name change.

Thanks in advance for your help.

Answer:
 In my jurisdiction, you have to change your name through the family court. From this link [here](http://www.change.name/change-your-name-in-louisiana/), it looks you have to petition a district court. People just can't change their middle or last names, willy-nilly, or all sex offenders, terrorists, and other people would change their names to avoid detection/consequences. You have to provide the reason for the name change to the court, too.

EDIT: spelling


Title: Need ur answers

Question: I just received my third driving under suspension and speeding 86 in a 65...I have insurance.... Wat are my possibilities in court? And is jail time available? I live in Ohio received the ticket in Belfountain

Answer:
 Here's some general advice for you.  If your license is suspended, stop driving.  If you drive anyway, drive in a way that doesn't make you immediately get pulled over by police.Answer #2: > Wat are my possibilities in court?

Yes

>  And is jail time available?

Likely

> I live in Ohio

Oh, I'm terribly sorry about that.

Consult with an attorney.


Title: Need Help: Breaking the lease because my roommate got a dog

Question:
I moved into an apartment in Montgomery County, Maryland with two other roommates because they said it was a quiet, respectful environment, and I didn't doubt them at the time. They told me one of them was bringing her dog, and the apartment doesn't normally allow dogs but she had gotten a doctor's note so I guess it would now be allowed. She assured me the dog was well-behaved and house-broken.

So 4 weeks ago I move in and it's one problem after another, but that's not entirely relevant. The girl brings the dog from out-of-state last week. This dog is not entirely house-broken, and also will bark at anything and everything. If someone isn't in the same room as him he will bark until someone pays attention to him. If he hears other tenants he will bark. He barks to drive me crazy.

My question is: does getting a dog constitute a material change of circumstances, and can I get out of my lease?

I'm studying for the LSAT and have already had to postpone my test date because of all these issues, but now i literally cannot study in my own home. I have to study after work when most libraries are closed, and what's more is if i'm the only one home I literally cannot relax, sleep, or do anything because the dog barks.
Topic:
Landlord Tenant Housing

Answer: No. This is a roommate issue. Good luck getting your deposit back if he's peed all over everything.Answer #2: I doubt that a dog with these behavioral issues would qualify as a service dog. Have you contacted the landlord about the dog not being house trained? Perhaps the landlord can get the dog out


Title: [MO] my managers keep making anti Semitic comments. Am I allowed to record without disclosing I'm doing so?

Question:
[deleted]
Topic:
Employment Law

Answer: Sure, just fully accept that the second you give it to "corporate," you'll be fast tracked to a termination.


Title: would the fbi say they arent going to charge you for a crime only to come back and arrest you?

Question:
If the FBI did a "knock and talk" about drugs and told you they are not going to arrest you, would they eventually come back and arrest you?

My friend got caught buying and the FBI raided his house, they put him in a car and questioned him.

My friend was ready to go to jail for the crime but the FBI did not arrest him that day even though he confessed.

They told him that if they needed him to act as an informant sometime down the line they would call him but to relax because they arent going to arrest him.

Are they going to come back for him?

Answer:
 My crystal ball is in the shop, so I can’t predict the future right now.

That said, cops can and do lie to suspects to get them to provide more evidence to convict them or to get other bigger fish.  It sounds like they are probably after the bigger fish.  Should they come back your friend should decline to talk to them or to agree to do any work for them without an attorney present to advise him.


Title: Getting out of a renter's lease.

Question:
Location - Orlando, FL

So mine and my girlfriend renter's lease ends in May of this year.  We are both on the lease as well as my brother and another room mate.  We are the only one who cook, do dishes, and take out the trash and it's getting super old.  My brother moved his buisness in the house and people his employee's are up at all hours and can be noisy (it was not like this or implied in the lease).  Also he moved another roomate into our spare bedroom without the land lord knowing.  Is there anything I can do to get out of this lease?  I really don't want to screw my brother.  But I want to have legal backing when I go to him and tell him the next 3 months need to change or we are moving out.

Answer:
 You have no legal backing to get out of the lease. Your roommate problems are of no concern to the landlord.

>  Also he moved another roomate into our spare bedroom without the land lord knowing.

That can get you ALL evicted.


Title: Ex-gf accusations. Got a call from a cop.

Question:
[deleted]
Topic:
Criminal Law

Answer: You are being investigated for a crime. It's ok to talk to the police sometimes as a victim, witness, or character reference for a friend who wants to work at the police station. But if you are being investigated for a crime you should not talk to the police without a lawyer.


Title: Is watching real rape videos illegal in the US?

Question: [removed]

Answer: Therapy is legal, try indulging in that instead


Title: Chase Bank Allowed Fraudulent Checks Cashed without Protecting or Refunding Us. Owed $30,557.76

Question:
From the period of October 16th to Feb 12th our small business bank account was subjected to a massive amount of check fraud where people were cashing duplicate checks or forging their own version of a check and cashing it. Chase was being very negligent in letting all these checks go through. When we discovered the issue they told us they would refund us for all the fraudulent checks. It turns out after many months of following up with them that they will \*NOT\* refund us for all the fraudulent checks. They make various questionable statements of why they should not refund us. In total we were hit with $44,829.70 of fraudulent checks and we only recovered $14,271.94 leaving $30,557.76 that remains stolen from our bank account. The last credit provided to us from chase was on January 31st, 2019. Since then they have decided to close our bank account citing it as high risk. We re-opened the claim and it kept getting pushed around their back office until apparently someone very high up said that they are making a final judgement to permanently close the case and issuing no more refunds, leaving us stuck for $30,557.76. This has been crippling to our business and leaving us with a feeling of hopelessness as we were unable to prevent these unauthorized fraudulent checks that Chase was allowing to be negligently cashed. Is there any legal recourse here?

tldr: Multiple fraudulent/duplicate checks cashed to our small business account and chase will not refund us. Eventually they decided to close the account and made a final judgement that they will not refund for any of the remaining fraudulent checks.

EDIT: here are some screenshots from a google sheet I have showing examples of what's occurring. All of these are atleast the 2nd check cashed or fake checks altogether.

[https://imgur.com/a/FCUpfzc](https://imgur.com/a/FCUpfzc)

Answer:
 You not noticing that checks were getting fraudulently cashed for 4 months will definitely play against you. For that amount of money, you should absolutely consult with a real-life attorney.Answer #2: I assume this is the same post as [here](https://www.reddit.com/r/legaladvice/comments/brs6ig/chase_bank_allowed_fraudulent_checks_cashed/) and that you did not have two instances that total the same amount.

Double presentment has been a much bigger issue as banks allow mobile deposits, remote capture, etc. and don't have fail-safe provisions that can prevent it. Banks are choosing speed over safety, and cons have figured out how to game the system.  However, as far as I know, Regulation CC changes from last year still hold "a" bank responsible for the money; I have not found anything that holds the business/check writer liable for fraud.  IANAL but my understanding is that Chase (or another financial institution, depending on how the checks were endorsed, cashed/deposited, etc.) is liable, and you shouldn't be, so I would recommend contacting your attorney.  Pretty sure Chase will stop talking to you directly once the lawyer gets threatened/involved but it sounds like they've stopped working with you anyways.


Title: Got pulled over because they were looking for "sober drivers"

Question:
I got pulled over in Fort Collins Colorado. Lately they have been stepping up enforcement on what's known as "extra enforcement weekends"
They have multiple checkpoints and other things.
When I was stopped, the first thing the officer said to me was: "Hi, we're patrolling looking for sober drivers tonight, are you a sober driver?"
I have an interlock, so yes.
He asked for my information and I gave it to him.
I asked why he pulled me over and he said speeding.
I said okay.
He came back and I asked how fast I was going and he said I failed to maintain a lane. (I was doing neither)

I guess my question is, should I file a complaint or will it just go in the trash?
Someone told me police fishing is illegal, is this true?

I have prior DUI's so I'm wondering if I'm being targeted.

Answer:
 The cops reason for the stop was speeding and unable to maintain the lane, which is legal. It’s fine for them to use those reasons to specifically look for DUI drivers, regardless of how they word it.

You’re welcome to complain, but it’s unlikely to go anywhere.


Title: Hotel I stayed at 5 months ago claims there was a glitch and never charged me. They are demanding payment now. CO

Question: Over the summer I got married in a small tourist town in the mountains of Northern Colorado. My husband and I don't have a lot of money so we stayed at a chain hotel. It was a little less than a hundred dollars for the night. I checked my bank transactions but have since switched to a different type of checking account, closing our old one so I can't find where the payment actually came out in order to prove it, but I know that it did. If it hadn't we, being broke, would definitely have wondered why we had extra money. The hotel manager called and said that weekend their computer system was glitching and told me they had tried to charge the card on file but it didn't go through. She left me a message demanding I call her back with a new card number. I'm leaning toward no on this. I'm 99.9% we paid and even if we didn't, the computer glitch wasn't my fault. Where does the law stand on this?

Answer:
 If you paid, then you don't owe the money.  If you haven't paid, then you owe the money.  Find your old bank statements, or call the bank to get them.Answer #2: Call your bank and ask if they have copies of the old statements. They likely do.

If the money didn't actually come out of your account, you're going to owe it from a legal standpoint.


Title: I have received 10+ packages meant for someone else

Question: I live in Texas in the DFW area. Over the past 2 months I have received over 10 packages to my door addressed to who I assume is a previous tenant of my house. I have called the company who is sending them several times to explain that the recipient no longer lives here. I have returned packages back to the UPS guy. But they still continue to get shipped to my house. At this point, I don’t have room to store these packages and I’m sick of the hassle this is causing. I feel like I have done my due diligence, can I just throw away the boxes if they continue to be sent to me? I don’t want to be help liable for these items or accused of mail fraud or theft....

Answer:
 You might be able to refuse delivery. Call UPS.  Tell them you refuse delivery. Tell the driver you refuse delivery of any future packages and will leave them outside.Answer #2: Keep sending the packages back.

You can't just throw the packages away lest you potentially be responsible for the worth of the package.Answer #3: Does the name of your street have a fruit in it?  (Hoping those aren't my packages...)

When our house was new, Fedex kept delivering our stuff (for example "cherry picker ave" to "cherry picker drive") - a place clear across town, with a different zip code even.  Problem turned out to be that the new construction address didn't make its way into Fedex updates, so even if the correct address and zip was put in the delivery address, their system autocorrected it to the other address.  (USPS and UPS have more updated systems, apparently, so never happened with them).  Had to call pretty high up in the fedex chain, but eventually found someone that manually updated it, and for a while, got boxes that had hand-written notes taped on them telling them to direct the package to "x substation side of town, not y."  That means they do have a way to flag certain addresses, at least, for some sort of  manual review.  May be worth an afternoon escalating up the call chain at UPS before giving up or getting buried in boxes?


Title: Possibly just ate a poisoned popsicle?

Question:
I just opened and bit into a strawberry cheesecake popsicle. It was from a gas station and in a wrapper (that was sealed). It had a horrible bitter taste to it.  I thought it could just be flavers clashing with what I had just eaten, so I had my GF try a bite too. She agreed and spit it out.  I put it in a ziplock bag and back in the freezer.

Now I'm wondering if I should get it tested.  If I should get it tested, Where would I go?  Should I contact a lawyer about it first?  Any advice is appreciated.

I live in Oregon, USA

Answer:
 You had a gross popsicle. That's not proof of poisoning. If you get sick or food poisoning mention it to the doctor  but that's all you need to do.Answer #2: “Honey, I think this tastes awful, and might be poison. Here, you take a bite, too.”

SMHAnswer #3: You had a bad popsicle, or ate something beforehand that changed the taste.  Unless you get sick and incur medical bills, your recourse is to ask for a refund of whatever one popsicle costs.

It is generally not people's first reaction to spend a bunch of money on having something professionally tested that merely tasted off, but you're welcome to do whatever you want to do with the popsicle.Answer #4: Once I bought a packet of cookies from a gas station, and they tasted terrible, like cardboard. I was familiar with the brand and knew they shouldn't taste like that. I called the company to complain and they had me read the codes on the wrapper, and it turned out they were definitely expired. Some products don't have expiration dates, but they have date codes so the company can know. They wanted to know where I bought it from so that they could reach out to the vendor and they sent me a coupon for more than the cookies were worth that I could use for any of their brand's product. Your most useful outcome may be too simply call the company and complain and get your money back or coupons. I doubt it's worth the trouble or money to get anything tested. Answer #5: Did it clash with anything like when you have OJ after toothpaste?  Because that can feel like you will die too. Yuck!


Title: [Alberta] Cosigned for a car loan for my mom, she defaulted and going to file for bankruptcy. what's going to happen to me? (Quick Auto Lease)

Question:
I STUPIDLY agreed to cosign on a car loan for my mom last year, and even more stupidly, cosigned on a car loan for A HUNDRED THOUSAND DOLLARS. it was through one of those 'bad credit, no credit, no problem!' scam artist places with ridiculous rates and interest (19.5%) as my mom has always made horrible financial decisions, this was the only car place she could get a car. I know it was stupid of me, probably the worst decision I have ever made in my life as my otherwise perfect credit has been decimated, I am fully aware it is completely my fault that I've ruined my life by trying to help out my mom and not paying attention to and getting a second opinion on a legal document I was getting myself into.

anyway, my mom of course defaulted and the remaining amount is $103,000 that shows up on my credit history at my bank. I am fuming mad about this as I cannot even apply for a new credit card now, let alone a house that me and my boyfriend were planning on buying next year. quick auto lease/auto list of canada has been calling my place of work multiple times to "get payment" - I obviously am not paying 100 grand for a 2008 buick enclave, which my mom has RETURNED to the lot. I have passed the info to my dad who is getting his lawyer involved to get me and my sister off this life ruining loan as soon as possible.

my mom has told me she's probably going to file for chapter 13 bankruptcy - which she seems to think will magically take our names off the loan, but it can't be that easy. I've looked online and found things on a "codebter stay" that protects the cosigner - possibly - but I am still worried this will follow me around for the rest of my life.
I cannot believe my mom dragged me into this situation and I am freaking out, does anyone have ANY knowledge of what I can do to make this go away and not ruin my life?

Answer:
 > I obviously am not paying 100 grand for a 2008 buick enclave,

lol how.

You already know this, never co-sign. It puts you on the hook for the loan, but you don't actually own the vehicle. If someone needs you as a co-signer, you buy it in your name instead. They make the payments to it, you're stuck with the payments if they don't pay, but if they stop paying, you can go pick up the car, and sell it, limiting your losses and damage to your credit.

Because it's yours.Answer #2: ...how do you owe over 100k on a 7 year old car with an original MSRP of like 50-60k?

Anyway /r/personalfinance or /r/personalfinancecanada might be the best place to ask. But it looks like your best bet is to hope the loan falls under Alberta's "Seize or Sue" laws and the lender repos the car. Then your credit will be shot but at least you won't be on the hook for the balance.


Title: Noisy neighbors kid

Question:
Hello,
Two months ago my new neighbors moved in and since then their child is screaming for like 10 hours per day not even crying just screaming and not from pleasure like from playing or anything it continues from 6 in the Morning until 11pm - midnight (sometimes the Child is quiet thats why i said 10 hours). And when it's quiet I can hear the TV running. In addition to that My neighbors always speak extremly loud (almost screaming) in the hallway. It reached a Point where I am loosing sleep and can't invite anyone over to my place because my livingroom is directly Next to the hallway. I am from germany and I'd like to know if anyone knows what I can do besides talking to them because that changed nothing. (Also if there is a subreddit that is for german legal advice please let me know)
Thanks in advance
Topic:
Non-US

Answer: You can typically call the nonemergency police line to report noise issues.


Title: Roommate theft

Question: One of my roommates entered my room and stole my alcohol. I have it on video. I live in Oregon. Is there anything that can be done to get this person evicted or something?

Answer:
 About reporting to the police, I would see about the lease first. You don't want to be stuck renting in the same place with someone you just reported to the cops. That could be either uncomfortable or dangerous.

Look at your lease. If necessary, speak to a local attorney. THEN once you have a plan, call the police. You can also just tell him to restore the booze, although it seems you have reasons for not choosing this option. Answer #2: Your ability to get them evicted will be heavily based on your lease. See what that says. Keep in mind that it won't just be evicting the roommate, it will be evicting all of you unless each of you individually renting a room.

Report the theft to the police.


Title: tenant vs Home Owners Association

Question: ive been renting a house for some time. the hoa in the area took offence to some weeds in my yard a while ago, they sent a fine letter to my house for like 50 dollars. at that point I ignored it. and corrected the problem. I've ignored it for some time, until today I received a bill from a collection agency for 1000dollars, they say they will put a lein on the house. I'm now worried that im up the creek. I would like to know how to get out of this as cheaply as possible. id also like to know about other options.

Answer:
 Why would you ignore it?

I assume in your lease you agreed to follow the HOA rules and pay fines.

You can look to make sure they followed the bylaws but other than that you are very likely going to end up paying now or get evicted and end up paying via court order


Title: Hit by another car while parked, other driver’s insurance company denies liability (shocker)

Question: I was legally parked in a parking space in a shopping center, and another driver hit my car while coming in too wide and fast to park in the adjacent space to my left. This caused significant damage to my driver door, as well as her front bumper. We exchanged information, took photos, and I took the information of a few witnesses nearby that vouched for me. When her insurance company finally contacted me, they stated that they were not at fault due to different stories from each party. What is the most efficient and cost effective way to proceed to fight their stance? And what are my chances of success?

Answer:
 Have you spoken to *your* insurance company?  What do they say?

If neither company will help you, your only recourse is to sue the other driver.


Title: Car financing at different percentage than offered and at different lender

Question:
Purchase a used car two weeks ago. Had a loan through my own bank at a decent APR, but financing department stated the usual that they could get lower through a local credit union. The dealer was not a preferred lender through my own bank, so I would have needed to return with a cashier's check for the loan total the following week. I agreed to hear what financing I could receive through the dealer (deal was done at 9PM, could not hear financing until the morning). The dealership is a few hours from where I currently live, and the rest of the conversation and agreement was done through text.

I received a message the following morning that the dealer had gotten me 3.5%APR through a credit union. I agreed via text to take it. Two weeks later I receive a letter in the mail that my loan is through Wells Fargo at 4.89%. The dealer is "looking into what happened" but I want to prepare myself with what possible actions there are going forward.

I should have stuck with my original auto loan, and still have it available for two more weeks. Am I totally screwed, or possibly in the right here?

Answer:
 You can still get the original loan.  Just have them process it as a refinancing and use that to pay off the new loan.  While you may have some remedies with the car dealer, this is probably the easiest path forward.

I did this dance with a credit union / annoying car dealer just a few months ago.  They deal with it all the time.


Title: My Dad Died Almost 30 Years Ago. Not Long Ago, I Was Let In On A Family Secret I Had To Know More, So I Began Digging For Anything I Could Find ....And What I Found Was The Last Thing I Was Expecting. I Need to Do Something About It, But Don't Know What To Do Or Where To Even Start.

Question:
I just recently learned a dark family secret.  When I was 6 months old and my sister was 7, my Mom was diagnosed with a rare form of Leukemia and actually had one of the first BoneMarrow Transplants.  I am happy to report she has remained healthy and cancer free now for 35 years!   The darker part of this story I just learned is that my Dad  had a brief affair with a woman he worked with, who I like to call "Hooker Coat Lady". It gets worse because a lot of the affair took place during the time my Mom was sick.  When I say she was sick, I mean nobody expected her to live.  Every single day she spent was in a hospital bed fighting for her life and praying to come home to me and my sister. (way to go Dad)

It was a surprise when Dad announced we were suddenly moving over 5 hours away one day about a year after Mom had moved back home after her transplant.  He said he had accepted a new job position and we had family  we would be closer to.  All of that was true but of course there was more.  He had already told  my Mom about what he had done and begged her to forgive him.  He said it started when Mom first wasn't feeling well and coat lady would just show up and insist on leaving dinner and bring us toys and then when he wasn't in Houston at the Hospital with my Mom she was always forcing her way into everything we were doing and never took"no" for an answer.  Not defending my Dad in anyway but He wasn't a bad man.   However he did make a really shitty decision.  I think Coat Lady saw how tired he was from flying back and forth each week to take care of my mom and how worried and scared he was, not for himself but mainly for me and my sister.  I believe she thought she was going to get her own family personally in time.

Apparently after my Dad broke it off and told "Coat Whore" he had made a mistake and intended to stay with his family and to please leave us alone, She went crazy and started harassing my Mom ( Mom was still not feeling well).  Calls began coming in constantly during the day while my Dad was at work.  Callers asking "Do you know where your husband is right now", "Why are you such a bad Wife and Mom", etc. Even after our move to the new city she got a couple of calls.

After the move, life was good overall. My Dad changed for the better.  He and my Mom fell in love all over again.  He was truly sorry and she truly forgave him.

6 months after our move Dad was diagnosed with a brain tumor....he passed away 2 years later.  I was 8 and my sister was 15.  But Coat Whore did send my Mom a letter a couple of days after his death that said my Dad should have been with her and that My mom was never good at anything.  She would have been a better wife and mom to me and my sister and ended it with "I hope you didn't continue to make him miserable and allow him to suffer until the very end"

So I had to tell you all of that to get to this.  I tricked my Mom into telling me her name and after a lot of research, I found her.  I had one of my lawyer friends also pull a background check on her and one on my Dad as well.  She has 5 different names she often uses and 3 different SS#s.(real winner there). has been in trouble with the IRS several times over hundreds of thousands of dollars.  And now the part I find the most interesting.  Remember how I told you my Dad died in 1990?  Well  in 2013, the day she closed out her own personal PO Box in the city where she still lives, MIRACULOUSLY my dead Dad opened up a PO Box in the same city on the very same day!!

WTH?  How can I get PO Box records.  Why would she open one in his name after all of these years and close out the one in her name?He is dead!  How did they even allow her to do it?  What else could she be using his name for?Do you think I should pull a credit report on him and see if anything else is out there?  I hate this woman.  I'm thinking of sending her a real nice letter for closure letter or maybe I shouldn't.  I want her arrested!  I want neither my Dad's or Mom's names to ever go through her mind again!

Answer: TLDR: deceased fathers ex fling opened a PO box in his name. What do?Answer #2: You can notify the USPS Postal Inspectors. You can't pull your dads credit, but the postal inspectors might do that. Check the Social Security Death Index to see if your dad is listed in that. If so then the credit bureaus would already have him listed as dead and it is very unlikely anyone could get credit in his name. Answer #3: If she is opening a PO box in his name, it’s entirely possible she’s opened other accounts so a credit check may be a good start. If you find any accounts opened in his name since his death, file a police report but don’t confront the woman.


Title: Ex-wife is threatening to short her payment obligations to me over incorrectly assumed entitlement

Question:
Long story short, I was married to a woman in America but after she broke lots of rules we agreed to and every promise to change, I chose to divorce her and move out of the country where I could be happy (and I now am).

We had a prenup.  Since I covered a large majority of the down payment for the house we shared, I was entitled to get that money back upon the event of divorce after we sold it.  However, she stated she did not want to sell the house.  She wanted to stay there since she could not cover the cost on her own.

Even though I didn't have to, I agreed to let her stay on the condition that she pay me my invested money back with a single down payment of about 40% and then the remaining 60% in manageable installments every quarter until I have it all back (about 1.5 years).  I didn't even request interest, though my lawyers were pushing for me to ask for 5%.

Now, my ex learned that I have a new woman in my life, so naturally she's trying to make things more difficult.

She sent me an e-mail requesting I send her my spare set of keys for the house.  Keep in mind I am literally halfway across the world at this point.  I refused for that reason along with the fact that there is a condition in the agreement that if she misses a single payment, the ownership of the home reverts to me.  In that event, I'd need a pair of keys to enter what would legally be my house.  She ranted about how the keys have to be ordered through the housing association (they do not, they just say "do not copy" on them) and she would be "passing the cost on" to me.

I wrote back explaining she did not have the right to ask for the keys and our contract explicitly states after the divorce I am not responsible for any maintenance or other costs associated with the property at all.

I'm concerned she is going to short her next payment for whatever tiny amount the keys cost.

I am not going to give this woman the satisfaction of breaking the agreement and getting away with that.  If I give her even a small amount of leniency, what's it going to be next month?  Is she going to try and blame me for some other ridiculous issue and charge me even more for that?  I need to put a stop to this now.

I think my best bet is to hire a lawyer in the county where we lived after a Skype call and e-mail them my scanned documents of the divorce.  I'd want to sue for the cost she shorted plus court costs just to make sure she understands I am not going to take this.

Then again, I'm afraid this will just encourage more negative behavior in the future and I should have my divorce lawyer send her a strongly worded letter.

I just don't know the best course of action to take against someone that has the balls to bill you for keys that don't belong to them for a house they don't fully own and for which they still owe you thousands of dollars.

Any advice is appreciated, especially if you've been through something like this before.

Answer:
 Yes definitely contact attorney. They can handle everything on your end acting as an agent if and when she defaults on the agreement. Answer #2: All this over a set of keys that cost less than $5 to copy?

You have an interest in keeping the keys in case the house reverts back to you.  You might as well copy them and send her the copies.  If this blows up into a huge argument, she might realize that it is in her best interest to just change the locks - then you'll have no access.

I know this has been a nightmare for you, but this might be an instance where you carefully pick your battles.


Title: Boyfriend left joint in car, and a little kid smoked it FLORIDA

Question: My boyfriend left allegedly left a half smoked joint in his unlocked car while he went to his apartment to drink with friends. Some teenagers found it and smoked it with one of their little brothers and the kid freaked out and obviously the police became involved. He has been charged with contributing to the decency of a minor and pot possession. This in addition to the lawsuit that the childs parents are threatening.

Answer:
 Okay. That all sounds about right. Answer #2: > FLORIDA

Yep, sounds about right.Answer #3: Sorry, what is your question?


Title: Insurance won't accept second opinion

Question:
I'm having an issue with State Farm refusing to let me get a second estimate on what they consider a totaled car.  This is in Colorado,  USA.

My wife and I got t-boned on 1/8, the guy who hit us drove off, but we weren't hurt. Called insurance (and cops,  etc), had them tow it to the nearest partner shop.

1/11 we get a call saying that it's a total loss. 10k damage, 8k value, only willing to pay up to 6k.

We head down to the shop, happens to be a Maaco. Talked to the mechanic, told him we're fine if they skip the overpriced paint and such if they could get it under 6k. Called State Farm again and asked if that was okay, they said yes have him send in another estimate.

Cut to today when the mechanic tells us the insurance isn't taking a new estimate and that they need to send a new assignment down to allow him to.  I called State Farm, they say they will not accept another estimate and will only honor the 10k estimate and its a total loss.

This car had my wife's great grandmother's inheritance paid into it,  we love it and have the mechanic willing to do it for their price, street safe and legal.

Is this legal? I've filed complaints with their corporate, my local agent, the BBB, 4 of my local news stations,  2 attorney general's (our state and their headquarters)  and started calling those TV accident lawyers.

What can we do? This can't be legal, right?

Edited: Added location

Answer:
 The insurance company decides if the car is totaled.  No one else.
You can keep the car and repair, but State Farm will deduct the salvage value of the car, so you'll get less than their full offer.

Your state may require your car to be inspected afterwards, and you will probably have a reconstructed title on the car.  My advice: just total the car and move on. It's just a car.  Whenever people try and repair border-line total losses, all sorts of issues come up.  Once you keep the car, your insurance is not going to pay a penny more, and you will invest more money than you should.


Title: Someone wont return my mail with a $5000 check in it

Question:
DALLAS

I moved apartments recently, after i filed my taxes, the check got mailed to last years address.
The building is a upscale highrise, and wont help me contact the new residents who have my mail. Irs wont cancel for 30 days and im scared they will try to cash it.
Today i basically begged someone to take me up to the floor just so i can knock and they flat out denied. Ive been sending letters everyday, and can confirm its been delivered to that address.

Is there anything i can do. I drove 200 miles to try and get the check. The people are ignoring me, and the apartments are very rude and asked me not to come back and bother the new tenants.

Again, its a $5000 IRS check with personal information. IRS wont cancel, tenets are ignoring me, apartment staff dismissed me.

Topic:
Douche

Answer: Contact the Post Office and informed them that someone has stolen your mail.


Title: Ex-Boyfriend still sends mail to my address

Question: Broke up almost three years ago and I STILL get his mail. We are on an absolutely no-contact at ALL basis and he was told before this that he needed to change all of his addresses. I've been dropping off his mail into his mailbox without seeing him, because my parents tell me that because its bills, w2's, etc, that I could get in trouble for just throwing it away. Am I obligated to call the postal service, or can I just start throwing it away?

Answer:
 Just write "return to sender, wrong address" on the items and put them back in your mailbox. It's the right thing to do, easier than dropping it off at his house, and only a bit harder than throwing it away.

Plus, eventually folks will get the message and stop sending you his stuff.Answer #2: > Am I obligated to call the postal service, or can I just start throwing it away?

Write "RETURN TO SENDER - NO SUCH PERSON AT THIS ADDRESS" on it and put it back in the mailbox.  Answer #3: Write "return to sender" on all of his mail and put it back in your mailbox.  You don't need to deliver it to him.  Answer #4: Not sure where you live and I am not a lawyer but when I moved into my current place I kept getting mail for the previous tenet . Talk to your mailman if you can and tell him your ex doesnt live there anymore if the mailman is your normal one they should be able to just return the letters for you without you having to do anything .


Title: [CA] Apartment complex flagged our mailbox as vacant with the USPS two weeks before we moved out, now all our mail and packages are in limbo

Question:
We gave our 30 day notice to move out on December 19th, paid all rent on time, etc. We are moving into our new place on the 13th and I properly set up mail forwarding with the USPS to start on the 13th.

However, on the 5th we noticed that the paper name placard in our mailbox had been replaced with a blank one and a "Vacant" tag had been placed inside to notify the USPS not to leave mail there. Further, I hadn't checked the mail for a few days and there was no mail present in the box. In the time I've lived here I haven't gone more than a day without receiving any mail, so it's a fair assumption that mail was removed from our mailbox.

We have the tracking info of 5 packages that have had delivery exceptions at our current address and don't seem to be forwarding to our new address either. I assume there's a similar issue going on with our paper mail, but can't directly track that.

I'm sure the USPS is already more than bogged down for the holiday season, so I'm worried that a lot of our mail will be lost or returned to sender due to the apartment management's error. I have documentation of our move-out date and the mail forwarding I set up.

What kind of recourse do I have against the apartment management company? At a minimum I'd like expedited shipping costs covered for any packages that are returned. I'm crossing my fingers that our mail will show up at the new address on the 13th, but if there's a gap then what can I do about the lost mail?

Answer:
 Call the local post office and let them know ASAP that you have a new address and make it effective immediately. You also would like them to hold mail until the 13th. You can do it online as well

Don't worry about the timing. You can call them.

>What kind of recourse do I have against the apartment management company? At a minimum I'd like expedited shipping costs covered for any packages that are returned.

I would suspect that since you gave notice someone at the location just tags all boxes on a certain day of the month. Take out the vacant notice and ask they put in a fwd notice.


Title: If I give my two week notice and get terminated the moment I hand it in, would I qualify for unemployment?

Question:
Basically I handed in my two week notice which stated I was leaving my position on 6/7/2016 and was told to not come back as I am now effectively terminated with no pay. Essentially I was fired for turning in a two-week notice. I do not have a job lined up after this.

Since I was fired not because of my negligence would I qualify for unemployment?

edit: California.

Answer: They have turned what could have been a resignation into a termination without misconduct, making you eligible for unemployment. File for unemployment today. Here's a little more reading about the topic: http://calchamberalert.com/2015/03/27/terminating-employee-who-has-given-two-weeks-notice/


Title: Appealing a traffic court decision, bad judge?

Question: [deleted]

Answer:
 > This is the defense basically, and the camera does not even show the driver therefore the evidence should be insufficient

It's not.  The statute you quote specifically puts the onus on **the defendant** to prove that someone else drove the car.  Your mother did not do that, therefore she gets the ticket.  The judge isn't "bad" - he's 100% correct.

As is, there's a super-easy way for this to work out - just go to court, confess to being the driver, and eat the ticket yourself.


Title: Slumlord in California

Question:
Just assume the following is true, and that the situation is dire, please.

After months of issues (I'll elaborate if necessary), one of the many leaks in my apartment from the recent rain caused the ceiling in bathroom to fall through. One ft diameter hole. Happened two days ago, still not fixed.

I've decided to choose the "abandonment" option; I've already found a new place. The trick is, I paid First and Last months rent, so I'd essentially be gifting the landlord my $1200 rent for the final month (which would have been April).

My question is: How can I move out early and still get that money back?

Thanks for your time,
-Ben

Answer:
 >My question is: How can I move out early and still get that money back?

By formally notifying the landlord in writing that there are damages on the property that are affecting the habitability of the premises, then allowing the landlord a reasonable amount of time to fix. If that does not happen you may be entitled to break the lease for a breach of the warranty of habitability.

If you don't follow the steps to establish that you are claiming a habitability issue, you are not entitled to break the lease without consequences.


Title: Paycheck went through the wash, boss won't give me another. (IL)

Question:
This is in Illinois.

This Friday, i got a paycheck for about $1100. During my shift, I put it in my work pants and then when I got home, I forgot it was there and immediately put them through the wash. After I got the pants out of the dryer, the check was absolutely ruined. I tried unfolding it but the ink was messed up and huge chunks had flaked off into nothing. I tried taking it to the bank but they said too much information was missing to cash the check.

So today I went to my work and tried asking my boss for a new paycheck. He said that he didn't have to give me one, since he already fulfilled his part of the deal by handing me the written check and I'd just have to live with myself for losing the money.

Do I have any recourse? I'm really fucked if I essentially lose out on 2 weeks pay for this stupid mistake.

Answer:
 He's wrong. His obligation is to pay you not give you a piece of paper.  Is there somebody over his head you could talk to?

You can file an unpaid wage complaint if he doesn't.

https://www.illinois.gov/idol/Pages/Complaints.aspx


Title: Best friend's GF in an arranged relationship with a creep

Question:
Hello everyone, my question is a bit complicated, so I'm just going to get right to it.

My best friend (14m) has been dating this girl (14f) that goes to our school for about 4 months. Today he told me that her dad, who is a Jehova's Witness is forcing her into a relationship and eventually marriage with a 16m.  For simplicity, my friend will be F, his gf will be L, and the guy shes arranged with will be P.

For some background, L's parents aren't exactly the nicest people out there.  I don't really know too much about her dad, but she claims her mom is abusive.  Also, L's parents do not know about the relationship between L and F.  L did not tell her parents because she knew they would object, and move her to a different school. Anyways, both L and P's families are wealthy, and F's is not. This weekend, L and P went on a date to a fancy restaurant and then the beach.  According to the texts L sent F, all throughout the date P was calling her "my princess" even after she told him to stop.  P also apparently would hug her super tight in an attempt to touch L's boobs.  At the restaurant, L had a bit of sauce on her cheek, and instead of telling her about it, P got up and licked it off of her face, to which L protested.  P was also making sexual comments throughout the date. Of course all of this is hearsay, since there were no other witnesses, but I believe L, and that is why I am making this post.

The next day, P was over at L's house. He was again making sexual comments and hugging her to the point where L could not breathe.  All of this was presumably where L's parents could not see.  L went to take a shower, and P somehow got into her phone and started texting F. They got into an argument about who L really loved yada yada, that's not important.  In that argument P threatened F, saying that he could arrange for F to get hurt, although he did not specify whether that would be through dating L, or by sending a hitman or something idk. Also during that argument P said that he enjoys seeing L resist him, which adds a layer of credibility to that argument.  As L was coming out of the shower, P deleted all the messages on her phone, but F still has them on his phone.  Later that night, L was in bed crying, and P came over to her and licked the tears off of her face, again to L's protest, and commented that they were sweet.

This guy really pisses me off, not only because he was an ass to my friend, but also because of how he is treating L, and I would really appreciate and advice I could get. Either way it would be very hard, because P will probably be able to afford top of the line lawyers, and L's dad likes P so far, P's parents are L's parents friends, and that's how the arranged relationship started, however I would hope that L's dad's opinion would change if they heard how P treated her, but who knows; like I said L's parents aren't the nicest people out there. Anyways, thanks for your help in advance, I really appreciate it.
Topic:
Juvenile and Youth Law

Answer:
 >however I would hope that L's dad's opinion would change if they heard how P treated her, but who knows;

If she thinks that her parent's opinion would change then yes, she should tell them what is going on. If her parents are forcing her into a relationship that may be an issue for CPS.

Answer #2: This is the kind of thing CPS would be very interested in. Alert an adult you or the girl trust (preferrably school counselor) that her parents are trying to force her into a relationship with another underage person who is being sexually aggressive without consent. Ask them to make a report to CPS, or alert them yourself. The girl might also want to talk to RAINN 800.656.HOPE (4673) because it sounds like this is all leading up to the 16 year old doing something dangerous.

Be safe Answer #3: If you can follow the advice to contact the school, police, and CPS to protect your friend. If you are in a location where the JW control the authorities contact Unchained at Last, they help girls being forced into marriage [http://www.unchainedatlast.org/get-help/](http://www.unchainedatlast.org/get-help/) or call them at **(908) 481-HOPE.**


Title: Living in TX currently, have two or three kids in Mexico

Question:
So I was on a work visa sponsored by my company for a few years working mostly across the border. As it turns out I have two children with two women and I am with another woman who claims to be pregnant by me. Whats the deal with child support across the US/Mexico? I haven't keep in communication with any of them since I got back into the states. While down there I had a huge name that was hard to pronounce so I just went by "juan sanzez" (an artists name I like). Could they come into the US, find me and make me do a paternity test or can I just go on about my life like nothing happened but memories?
Topic:
Immigration

Answer: Yes there is such a thing as cross border child support. Why aren't you supporting your children?


Title: My room-mate lost his ID from Iowa, after we moved to Colorado. Neither state will give him a new ID.

Question:
2 years ago I moved to Colorado with my roommate of 3 years.  As soon as we moved, I got my driver’s license transferred to Colorado from Iowa. My room-mate , did not. No matter how much I bugged him about getting his transferred, it never happened…until last year he lost his ID/license at a bar one night. At first, it wasn’t a big issue since he had a job already and it didn’t cross my mind. 2 years later, the problems started. First, our landlord had to sell our house. So I found a new house to rent, but couldn’t put him on the lease since he needed an ID to apply. So the house is fully in my name.  That was enough to stress me out and I contacted the Iowa DMV to see what needed to be done to replace his lost license. They rarely responded, and the most I could get was a temp ID to use, that would require him to come back to Iowa and get a new license. The problem with that was, he would need an Iowa address to put on the license, and he would need an ID to use an airplane or bus to get there. Even if I drove him there, he doesn’t have a valid Iowa address to get an Iowa license. Neither of us have family there to make that happen, and it would be fraudulent. I took him to the Colorado DMV, thinking if he had at least his social security card, birth cert, and proof of address in Colorado; they would give him a license. They said he has to have a photo ID of some sort, or would need to prove who he is by providing years’ worth of documents. I didn’t even know where to start with that. This week, he started having really bad health problems. I took him to the hospital, and without ID, they wouldn’t see him. He’s been blacking out everytime he stands for short periods of time and has had to miss work. I believe he has hypotension and possible diabetes because of his diet, which can be really serious if ignored. He’s getting increasingly sick and non-functional, but if he loses his job, we are screwed. I can’t figure out how to get him an ID, and without an ID he can’t get medical treatment or a new job if they fire him for his inability to work. I have no idea how to get this fixed. Neither state wants to do anything about the situation, and  I know it’s his fault for not getting an ID right away like he should have.  I have plenty going on in my own life, but his life directly affects me so much I can’t ignore all of this. What am I supposed to do next? If he can't work, I can't afford this place on my own (2k a month at least for all the rent/bills.)

tldr; room-mate was irresponsible about transferring ID, lost ID, now is sick and can't work to pay bils because we can't get him an ID.

Answer:
 Does he have a passport, birth certificate, social security card, or any other proof of ID? There are a lot of different ways to get it in Colorado. I would start with bringing what he has to the DMV. https://www.colorado.gov/pacific/dmv/faq-drivers-licenseAnswer #2: You are a great friend.  Most people would just kick him out and find another roommate.

The best way is to see what alternate ID Colorado will accept.  They should have some mechanism for people who don't have photo ID.  If he has a passport (or can apply for a passport card), that could be one way of doing it.

I'm wondering whether he is intentionally avoiding getting ID.  Is it possible that he's an illegal immigrant with no permission to be in the US?  Is he trying to cover up something in his past?Answer #3: He should be able to get a passport with you as the identifying witness; that passport would fix the immediate problem (getting health care), and also let him get a Colorado driver's license.

You can try to get in touch with your local state representative's office, or look for social services organizations that are used to helping people navigate these problems.


Title: [USA, California] Leasing company wants to charge me an additional $336.40 for "lost rental damages" even though I did not sign a lease and the place was not available.

Question:
My spouse and I went to rent an apartment from a leasing office in Fremont, CA on **2/20/2016**. We put a $250 holding deposit and the rest of the $350 deposit was supposed to be due on the first month's rent which would total $2549 on March 1st, which was the move in date and they were still showing this apartment to many people everyday and refused to give us the key until March 1st. We signed only a holding contract for this place and nothing else. we backed out on **02/27/2016**.

Fast forward to March 4th, I receive a letter in the mail which the important part of it says:

"Unfortunately, the $250.00 for holding the apartment is not refundable. Since we have taken the apartment off the market and reserved it for you as of Feb 20, we are entitled to loss of rent. Therefore, the rent of $2199 divided by 30 x 8 days = $576.40 minus your deposit of $250 = $336.40 for lost rental damaged."

They have no phone number for their parent office, only a P.O. box, and the agents at the office refuse to deal with any of these issues and only point me to their parent office who, for some reason upon request, deny giving me their number.

The part of the **Holding Deposit Agreement** (which was the only thing we signed) about the damages says this:

"Applicants's Failure to Enter Into Rental/Lease Agreement:

If applicant, after approval, chooses not to enter into the **Rental/Lease Agreement**, Owner/Agent may deduct from the holding deposit "lost rental damages" to cover the lost opportunity to rent the premises.

*and right below it*

Owner/Agent and Applicant agree that "lost rental damages" will be 1/30th of the monthly rent specified above for each day the premises was taken off the market on 02/20/2016 and ending on the date of the specified 'Acceptance of Application'" (02/27/2016).

I emailed the accountant then I received an email immediately from the Property Manager and he is the most rudest and shadiest person I have ever talked to claiming that "it's like buying concert tickets and not going to the concerts" (which does is a terrible comparison). I repeatedly kept asking for his contact information or any office for that matter, but they refuse to give it.

Am I misunderstanding this? Why does the Holding Deposit Agreement subject me to damages to a place I have not leased yet? I have not signed a lease and the contract says they may deduct from the holding deposit (which they did) and they want to charge me for a place that was on the market until March 1st. If it wasn't on the market, why am I being charged for lost rental damages when they were clearly showing the place to everyone still? Are they allowed to do this? Do I have to respond or pay the damages? It seems like very shady practice to me
Topic:
Landlord Tenant Housing

Answer:
 It sounds like it wasn't on the market because they were holding it for you, because you signed the holding deposit agreement. They may have been showing it to other people in case you backed out. Also, if it's a huge complex where all the units look pretty much the same, then they might have been showing it simply as an example (maybe because there wasn't another unit that was available to show at the time).Answer #2: Don't drop off the check. The contract clearly states that you are only liable up to the 250 deposit amount, and the determination of the actual amount witheld is deposit-rent/30*days held, down to 0 but not below.

You do not owe them anything, and you coukd consider 250 the cost of avoiding a terrible management company


Title: [MA] Considering suing my home inspector

Question:
I bought a house in early 2013 after having a home inspector assess the property. He noted some minor issues that needed to be corrected eventually such as joists that are pulling away from the wall. I had trouble finding a contractor to do the work (some General Contractors do structural work, but not most), so I hired a structural engineer to determine what needed to be done and give me some recommendations.

As part of his assessment, the structural engineer did a full site survey and found some serious structural issues: the center beam is supported by a chimney which is now cracking under the strain, putting the house at risk of collapse; and the main staircase is inadequately supported. I've gotten a few quotes, and it looks like the total cost of the repairs is going to be between $15,000 and $36,000.

Many of the defects found by the structural engineer were also noted by the home inspector, but the most severe of them were not; he rated the structural condition of the home to be "fair". They were all readily visible with nothing but a flashlight and (so far as I can tell), are all covered by the 266 CMR standards that I agreed to when I hired the inspector.

I have few questions:

I've heard that it's incredibly difficult to litigate home inspectors. I consulted with a law firm about this matter, and when I asked if they thought it was worth my time, they ducked the question. What are my chances? Is it worthwhile given the damages I'm seeking?

How much harm can I do by contacting the home inspector directly? I haven't spoken with him about it yet for fear of hurting my case, but it seems really impersonal/aggressive to open with a demand letter. I'd rather settle this without lawyers if it's at all possible.

The lawyer I spoke with gave me  rough estimate of $600 to $1000 in billable hours to draft a demand letter. Is that a reasonable fee?

Answer:
 I really think you aren't going to get anything here, I'm sorry.  *Maybe* you'll get your fee refunded.

I think your home inspector alerted you to "many" defects involving structure and rated the overall structural condition as "fair", I think you were warned this was a house with structural issues.  Your home inspector is not a structural engineer, you should have consulted with one.

I think if there's anyone you can sue here, it's the sellers, but that would only be if you could prove they were aware of major structural issues with the house and concealed them from you during the sale.  You might talk to a lawyer about how to gather evidence of that, if it exists.


Title: Is it legal to incentivize patients/customers to leave an online review? (Michigan)

Question:
The doctor's office I work at could use some more online reviews.

Is it legal to incentivize patients to leave online reviews?

Could we say, give them a discount on their copay? Or give something small (like a keychain) for a review?

Answer:
 > Could we say, give them a discount on their copay?

Not if you want to keep insurance contracts.

> Or give something small (like a keychain) for a review?

Best to avoid a quid pro quo. Give the keychain with an attached: "Like Dr Btfsplck? Tell others on (website)"


Title: Allergic to dorm room furniture at private college, school says they don't have any different seating to offer me despite other buildings having different furniture

Question:
Just wanted to check if I hold any legal leverage here. I experienced severe contact dermatitis from what I suspect to be a sofa in my dorm room. I thought a replacement would be easy enough, but the woman who is in charged of facilities just told me to cover my skin to prevent contact with the couch. This is the most expensive dorm on campus that I got placed into through a lottery system and now I have a huge object in my room that causes me to break out with a month-long rash. The school does have different sofas (i.e. other dorm buildings have different sofas, the lounges in my building have different sofas). Does my school have any obligation to provide me a different sofa or did their response of essentially "sounds like a personal problem" suffice?

EDIT: Because I didn't make it clear, I will say this now: I understand that it has not been proven beyond the shadow of a doubt that the rash was caused by the furniture. (Also, you seem to think I'm out here just laying about on the couch even after realizing my allergy, which is far from the truth.) My question is if it was proven, then, should the school, whom I pay to provide a safe and healthy environment as a residence, replace the furniture. If the answer is no in those circumstances, then fine. But to say I should just get a couch cover is unhelpful because it does not answer my question about whether a school should help remedy dorm living situations when students develop physical sensitivities to certain things that can be replaced.

Answer:
 You need some coping skills.  Why would You try to escalate this legally?

Buy a cheap sofa cover and there you go, brand new couch.  Or just put a blanket over it if you can't spare the cash.


Title: is it illegal to run an assisted-suicide company?

Question: i know there's things like the US laws prohibit any kind of public speech that encourages people to commit suicide. but is there a law that specifically prohibits people willingly giving themselves away legally with actual paperwork? i'm asking this because i've been around a lot of communities that outright say it should be a government-provided right. and with the increasing suicide rates across the world it wouldn't be surprising that at least one company would try to satisfy that market. no matter how foolish that decision is. would it be protected by international law? or in any specific country?

Answer: It is not in fact, illegal in the US to give a public speech encouraging suicide. Such a speech would almost certainly be protected by the First Amendment


Title: Need help with what to do with my extra money from my student loan.

Question: I currently am disabled and receive SSI and SSD. I only took 6 credits the semester as to ease back into schooling as it has been 2 years since I last took any classes. The cost of the classes was only about half the loan. I am now sitting on a large check that I would like to at least deposit however I can't have more than 2,000 dollars in my account. I have gotten a few points of advice but I am not sure which to choose that will save my benefits. One option I was thinking of was to make a ABLE account. Another would be to just cash the check for cash and hold on to it. Lastly I thought perhaps I could put it in my account then immediately transfer the money to one of my parents? Any help would be much appreciated thank you in advance.

Answer: The smart thing would be to use it as a $2k lump sum payment towards your student loans.


Title: Received a Cease & Desist for an online review

Question:
Indiana

2 days ago I left a 1 star google review for a past place of employment. I still work in the same industry and continue to hear about all the unethical things that happen there from reputable sources. I did not comment anything in the review, just left the one star.

Yesterday morning, the owner replied to the google review stating my past employment. The owner also found me on social media and sent a message to me privately there. I did not respond to either of these and blocked the owner from viewing my social media page. In the message, I feel my current business was slightly threatened. “How would you feel if someone left untruthful reviews on your business page?” Maybe it only seems threatening to me because I know their history of unethical practice.

This morning I received a cease and desist from their lawyer. I’m not sure if all these letters are worded the same so if you need specific information or text from that I can share if you have questions. It does say I need to acknowledge the letter and something about potential slander claims.

This exact scenario happened to someone else I know in the industry from the same past employer (minus the private message on social media). This person did not engage in anything further or acknowledge the letter. Their review is still up as well.

Is there anything I should do to protect myself or my business?

Answer:
 You probably shouldn't be worried unless sued, in which case, of course, you should respond/take action.

A quick google search says that Indiana seems to have anti-SLAPP measures in place, meaning that as long as your review (I would imagine that your review of one star would equal you stating that you don't like the company, something you're free to say) is truthful, you're probably fine.

[Here's my source for the Anti-SLAPP law stuff.](http://www.dmlp.org/legal-guide/anti-slapp-law-indiana)Answer #2: Companies that try to silence public participation have been SLAPPed down before. Your reviews are covered as long as they are not untrue. In Fact Congress passed a law https://www.congress.gov/bill/114th-congress/house-bill/5111 that protects your right to do


Title: Fiber Optics cable on the ground/tread marks in my backyard TX.

Question:
At first I was in such a rage I didn't know what to do, if i should call the police, or the demolition company that's tearing down the house next door.

So, I came home roughly an hour ago from being at the store for about an hour, it's the only time I've left my home all day. I followed my son into the back yard and I notice that my fiber optic line from the telephone pole is laying on the ground, pulled completely away from the telephone pole. Also, the box that holds my fiber optic line is wide open.

Next thing I notice is that there are tracks in my backyard lead straight through my neighbors yard. Before I left they unloaded a small Bobcat and a much larger demolition machine, neither have this type of tread.

My internet company is supposed to come out today to check out what is wrong with it, because even before this happened it wasn't working. Now I'm worried they're going to say it's my fault something happened and try to charge me to fix it.
I've already called them to make sure no one has been here from the company to try to fix it. They informed me their technician hasn't been here.

Crossposted from need advice.
Should I call the police? Should I call Oncor to make sure they weren't here? Any advice?
Topic:
Other Civil Matters

Answer:
 You should take copious pictures of the treads and the machinery in your neighbor's yard. If it turns out that their contractor damaged the equipment, the provider could hold you responsible and you could hold your neighbor (or their contractor) responsible.

The police are not likely to care, though, not unless they come back and you need help getting them off your property.


Title: Social Security Administration is demanding $3,000 for an "over payment" on disability benefits applied to child support (cross-post from r/personalfinance)

Question:
My wife's ex-husband is over $10,000 in debt on his child support payments. Every year on the same day he files for a decrease in his child support payments so he can travel more to see his kids (he moved away from the kids) and every year he gets it reduced. My wife won't let me sit it on the conference calls, but I assume the judge is sympathetic for some reason or another which is why he gets the payments reduced despite making less than one trip a year (which his parents pay for) to see his kids. He goes on and off disability regularly as he bounces from job to job, apparently the SSA didn't notice/he didn't inform them when he had a job for about six months. The SSA is coming after us to collect on the debt and is running us through the ringer over it for over a year now even though they've acknowledged that A.) He is well over $10,000 behind in child support (I don't know the exact number, but I'm pretty sure it's close to $20,000). B.) The debt is his not ours. C.) The payments we receive from SSA technically go to him, not us, and we just receive a share because he is behind on child support, so therefore the overpayment is for him to pay back. D.) We are not at fault.

Like I said, it's been over a year that the SSA has come after us (it feels more like debt collection at this point) and we've continued to fill out this "one last form" to verify income and expenses over and over again. Is there some sort of free legal assistance available to deal with this? It's getting really old at this point and it seems it shouldn't be so difficult to put this debt on my wife's ex since he is liable.

Edit: Sorry, we are located in the US.  Also, I should clarify, the SSA is actually going after the children to pay, not my wife and I, which I really don't understand since neither one was of legal working age when this happened so obviously they have no income, could not enter into a legally binding contract, and we pay their living expenses.

Edit 2:  Called Social Security regional office two weeks ago and told them we already filled out all of this paperwork multiple times and refused to fill it out again and told them they had to work with what information they had and any further communication would have to be in writing, addressed to our attorney.  Today we received a letter saying we do not owe any money.  Thank you, Reddit!

Answer: Social security disability is not meant for short term disability. When you say he's going on and off of it, that doesn't sound right. Of course there are exceptions where the disability can be short term, but it's not common. Are you saying he is actually going on and off of it with the terms of the social security? Or is he pulling a swifty with SS?


Title: [Washington] Can you take any action if a police officer accidentally blows your tires with a spike strip and just drives off?

Question: While i was driving down the highway, cops were apparently in pursuit of someone in the area and had spikes set up which officers were pulling back out of the way from pedestrian vehicles. Cop didn't pull one off road and blew out 2 tires. I pulled off the ramp and the cop just took off.

Answer:
 File a police report to document the incident. There's a good chance they will compensate you. You might also be able to file a claim under your comprehensive insurance coverage.Answer #2: Your Insurance would be the starting point, if you have comprehensive.  They can sort out whether/how to recover from the municipality.

But police and other government officials have immunity from this type of lawsuit.  If they were acting in good faith, in accordance with their  training and pursuant to some kind of ongoing activity,  you can't sue them unless they waive their immunity.

It'll make a difference which agency you believe caused the harm.  If it was the state police, then you'd need to use Washington's Tort Claims process (http://des.wa.gov/services/risk-management/file-claim).  If it was an agency other than the State (such as a city or county) you'd need to contact that city or county, or google "tort claims" and your city name.  Like "tort claims seattle" or "tort claims king county".


Title: Being held against will overseas...it is legal? What to do?

Question:
I am located in Missouri in the US.

So my boyfriend had agreed to go to Spain with his father on grounds that I would be able to go. That ship sailed. The trip was to be 6 weeks initially, his father agreed to changed it to two weeks since the original plan changed and he was to be going solo.

He was going to change the ticket via phone and didn't. He was going to change it at the airport and didn't. Then he promised to change it via an app on his phone (which isn't even possible) and didn't.

Once the family was on the plane to Spain he alerted me that he keeping his son (who is 20 years old by the way) there for six weeks (instead of the promised two) and I was not to alert him of the change (too late, alerted him before asked not to).

So they are in Spain and his father alerts him he is going to change the itinerary and force him to stay abroad for 9 weeks. This prevents him from fulfilling a job commitment and getting into school.

Is it legal for his father to keep his 20 year old son in Spain against his will (he has no money to get home himself)? His son is asking me to ask reddit for advice. What can he do?

Answer: The kid can go to the american consulate and ask for help. Not really going to be a priority for them as 'my father is extending my vacation without my consent' is not an emergency.


Title: Need help!!

Question: OK, to first ask for help, I must make you aware of the situation. I live in Beardstown,IL. Although it's tough for me to say this is my story. I battled heroin addiction for about a year, got sober for 6 months and relapsed on December 23rd 2016. I overdosed with all four children in the home, they were not alone, their grandmother was here. She immediately removed the kids to go stay with her daughter. The next day I came to terms with my addiction and decided to live sober and went straight to my mental health center to receive treatment. When I got home DCFS was there..They were happy with my first steps without them having been there yet and asked me to continue with treatment, pass drug tests and my children could return home in just a few weeks. That's the good news. I have two girls who are staying with their father, with him and I agreeing to allow them to remain with him for the remainder of the school year and I having them on weekends. Just to allow myself to really focus on my recovery. Without my knowledge he got a 2 year order of protection, allowing me no unsupervised contact for 2 whole years. How can I fight this? Is it likely a judge would modify this to her father and I's previous agreement if DCFS also agrees? Someone please help, I love my kids. I made a horrible mistake but I am not unfit and I have compiled with all DCFS requests.

Answer:
 You continue working on your sobriety. Prove you can stay sober and maybe get unsupervised time with your kids in the future. But you ODed with your kids in the home. Meaning you had drugs in your kids home. He is right to be scared for his kids safety.

No judge is going to give you unsupervised contact after a few weeks of sobriety with a long history of drug abuse.

So in 6 months or so, ask to modify the order to add some unsupervised time in


Title: (TX) EX and religion issue

Question:
My ex is taking me back to court demanding the exclusive right of moral and religious training because I'm not the same religion as her.

Does she have any chance at all of it happening?

Answer: Your post is vague: do you mean your ex is taking you to court over your children?


Title: Generally speaking in the United States, if I am in a vehicle and I am pulled over and searched because of "reasonable suspicion" that I am committing a crime, do they need a separate warrant for lock boxes or safes within the vehicle, more specifically the trunk?

Answer:
 The standard for vehicle searches is Probable Cause, not reasonable suspicion. A warrant is not necessary.

Don't take legal advice from Jay Z.


Title: I'm Driving through Idaho, Montana, South Dakota, Wisconsin, Illinois, Missouri, Wyoming, and Minnesota. I have Washington License plates and currently test positive for thc metabolites. Any advice would be great.

Question:
In about a month Ill be leaving, so just about enough time to get clean.... but I really don't want to. I Have a dashboard mounted GoPro that I will have always on while in enemy territory, and will turn to record any cop that pulls me over.

I'm familiar with some laws in the midwest, but I moved away 4 years ago. I know in some states you don't have to roll down the window, hand over anything, or be handed anything. when and where is this applicable? I'm very familiar with "am I free to go/ Why am I being detained?" when it comes to being profiled.

I'm a little worried some sour little piggy is going to pull me over, make something up, and drug test me.

If you're unaware: 30 days after you smoke a joint, you still fail for thc metabolites and can be charged with DUI. NO! I'm not kidding, If you haven't been high for 4 weeks you still are DUI. It's a risk I take here in wonderland, but whilst traveling through Nazi country I'm uncomfortable with that risk.

I have disabled plates on a 2010 Toyota, considering tinting the windows for the trip, (anybody know if 35% works for all these states or can I even go lower?)

The only crime I'm committing is alcohol across state lines, and that's probably just for the return trip (I'll have 1 maybe 2 bottles for the trip there and Wyoming has a 0$/gal liquor tax..... so maybe like 10 bottles on the way back)

How can I protect myself from wrongful imprisonment/ ruined day/ bullshit tickets from bullshit creatures?

Answer:
 Oh, come on. This has got to be the most obvious troll we had in... hours.

Stubborn about doing drugs, sovereign citizen, "cops are pigs", nazis. He's almost got it all: only thing missing is how he thinks he has the right to pay for everything with BitCoin and if some states along the way allow him to force his girlfriend to have an abortion.


Title: How to Tell Ex Husband we have a Mediation Appointment

Question:
According to our custody agreement, he has to meet me for mediation when compelled to. He has not been following the custody agreement. He's been violating it by harassing me over property he claims I stole two years ago, not keeping me abreast of details regarding our son when he has custody, not keeping our FaceTime appointments, making me communicate with him through his mom, etc. I am making this appointment so that he is read the "riot act", in a sense, and so that he is reminded we want to do what's best for the child.

I know he has to appear at mediation or be in danger of a court order. So, how do I tell him that was have a mediation appointment? Just text him and tell him the time and place? Should I let him know he doesn't need a lawyer? What do I have to do? Thanks.

Arkansas

Answer: certified letter so you know he received and signed for it is the logical step I would take


Title: Fingerprints as a Teacher's Aid

Question:
Michigan here, sorry this might not exactly be a legal issue but its the kind of thing you guys are smart about, it's at least policy...

So my girlfriend got hired yesterday as a teacher's aid, and they want her to go get her fingerprints done. It's super expensive, and she thinks they want her to pay for this out of pocket, is that normal? It seems weird to me since it's a job requirement. I told her she needs to talk to her new boss about it and see if she just misunderstood, do any of you have any knowledge of this or suggestions?

Thanks!
Topic:
School Related Issues

Answer:
 >It's super expensive

What specifically are they requesting? Last I knew, you go to any local police station and they will do your prints on a fingerprint card. It's like $5.


Title: [MI] Mother is going to be fired tomorrow in an act of age discrimination. [UPDATE 4 (Now ft. more questions!)]

Question:
I know this is way too many updates for way too little action, but I'm learning this whole thing is just as complicated as everyone said it would be.

Previous Posts:

Original http://www.reddit.com/r/legaladvice/comments/2qmhy2/mi_mother_is_going_to_be_fired_tomorrow_in_an_act/
Update 1 http://www.reddit.com/r/legaladvice/comments/2qqai2/mi_mother_is_going_to_be_fired_tomorrow_in_an_act/
Update 2 http://www.reddit.com/r/legaladvice/comments/2s72e2/mi_mother_is_going_to_be_fired_tomorrow_in_an_act/
Update 3 http://www.reddit.com/r/legaladvice/comments/2vu2r0/mi_mother_is_going_to_be_fired_tomorrow_in_an_act/

TL;DR My mother's employers were targeting her for termination due to her age. She had met with an attorney who suggested she had a good case for age discrimination against her national chain pharmacy (which has been successfully sued for age discrimination multiple times before). However, after putting her on 30 day notice of termination, HR began asking her suspicious questions ("Do you feel supported by management?" "Do you feel discriminated against in any way?"). She was scheduled to meet with HR regarding her manager's conduct and treatment of her.

It's been a month since my last update and things have gotten worse.

My mother *did* have the meeting with HR regarding whether or not she felt supported by management; she brought in all of her documentation (highlighted in Update 3) that proved that her management had been manipulating information or outright lying in her performance reviews, that her "numbers" weren't as low as reported, and that her manager clearly had something against her.

HR took all of this in and vowed to resolve the situation. However, at the end of this meeting, the corporate higher-ups were called in and she was given, once again, 30 day notice of termination pending an "improvement in the numbers".

Four days later, after a visit with her psychiatrist, my mother was put on two-week medical leave because she revealed to her doctor that the job was making her suicidal. When the two weeks were up, she went back to her doctor, who extended it to two and a half months. She was told that she could either take the medical leave or her psychiatrist would look into hospitalization. This has been a really scary time as a twenty-something who has already lost one parent, so forgive me if I'm ignorant of the law in this situation.

I have serious concerns, the first of which being that while she is collecting disability during this time, she cannot be actively looking for other jobs, which just puts off her finding anything else. I am also extremely concerned that this can and will be used against her; while I'd guess that she can't be discriminated against because of her medical leave, I'd imagine that the company can legally make the argument that she is unfit for the job and fire her on those grounds.

I'm posting again to look for clarity. I'm wondering how much this medical leave thing can really hurt her. I'm also wondering, should we sue and go to trial, if this opens the door for her mental health history to be brought into question. I don't believe her company was given a specific reason for her medical leave, but I'm sure they have some kind of idea.

I'm sorry if I haven't been as clear as necessary - this is a very stressful and scary situation and I just don't know what to make of it. Thank you in advance for the help.

TL;DR Mother met with HR and was given another 30 day notice of termination, but five days later was put on two-week medical leave from work due to suicidal ideations; this leave has been extended to two and a half months. I'm concerned about the implications of this.

Answer: I don't recall if you said, but has your mother ever contacted that attorney you initially mentioned who told her she had something like a slam dunk case of age discrimination? It seems like you guys need more help than reddit can provide.


Title: Chick-Fil-A is not providing water for workers

Question:
Hello!
I work at a chick-fil-a in Florida and my employer has told me that unless I pay for a cup or bring my own cup I’m kind of out of luck. I asked them if they were going to provide single use cups for us to drink out of and they said no. They said that they only have to provide us with water (what comes out of the soda fountain) not the glass. Yesterday I was denied an answer on how I was supposed to adequately drink water seeming I did not have the money to pay for a cup and forgot my glass. However, without a water fountain, how are we supposed to drink water? Is this legal?

Answer: They are providing water. They are just not providing a cup. You can't bring your own cup?Answer #2: Why not see if you can leave a cup there?


Title: Signed a month to month lease. Crazy landlord.

Question: [deleted]

Answer:
 At this point you need to move. It's month to month.

Get out and contact the city. A lot of the things you have said could be extremely illegal depending on your state (sorry I didn't see it in your post or I missed it) and these sound like slumlords not landlords.

Edit: Depending on your state (you really need to include that as it is vital to giving you information) you can move out right now and get into a hotel on their dime while looking for another place, especially if you have these threats in writing/text format as it is unsafe to be there.


Title: USA Help with prosecuting parent who refused to report rape of her child.

Question:
Hi,
My girlfriend of two years and I are trying to start the steps of prosecuting a man who raped her repeatedly during her teen years, and wanted some advice. First off, the basic facts

We live in Texas
The rapist was a family friend who was renting a room in her mother’s home.
She was 15, he was 24
Her mother encouraged a romantic relationship between the two despite the age difference.
He raped her more or less every day for 4 months after she turned 16, until she finally demanded they seperate
When she told her mother that he had been forcing himself on her, her family told her it was her fault for how she dressed, and that men have needs.
When she came to her mother for therapy at 17, her mother refused on the basis that CPS would be obligated to get involved and she feared prosecution for child abuse.

We’re going to begin a case against the man who actually raped her soon, but she’s interested in prosecuting her mother for years of neglect, protecting her rapist, and choosing to protect herself over getting her daughter treatment. Is there a criminal case that could be made against her mom? Any advice would be greatly appreciated as legal fees are going to kill us without additional consultations right now.

Answer: She is a victim in a criminal case. She doesn't need to hire a lawyer, pay legal fees or worry about how to prove the complaint. What she does need to do, assuming she is interested in doing so, is go to the police station and file a report about what happened.


Title: Lyft driver did me dirty

Question:
My group was at a nightclub/swimparty in Las Vegas.  We were moist, but we did towel down about 10 minutes before, walking through the hotel and to the lyft pickup area.  I was wearing swim shorts and the girls were wearing bikinis.

Lyft driver said nothing before we went in.  Ride was great, we were nice and had a conversation.  We get to our destination, we get out of the car. I give him a 5 star as soon the trip ends, get out.  This is when he said we wet his car and claims he can't pick anyone else up etc etc.  I told him i'll give him 20 bucks to make up for it.  He took it, I sent it through zelle app.  He still reports me to Lyft and I was assessed a damage fee.

This is fucking petty larceny is it not? I showed lyft the transaction and they denied me and would not reverse the charge.

Am I in the wrong? What are my options?

Uber (i know its not lyft, but i could not find any situations on lyft) does not consider water damage (pool water, spilt drinking water) as damage.  So not only do I think this fee has no merit, but $20 should have more then sufficed.

Answer:
 He was following the terms of service by charging you a damage fee through the app.    That’s how it works.  Not sure why you gave him that extra $20 through zelle, but that was your dumb mistake, not “larceny.”Answer #2: It sounds like you actually did wet the inside of the car.Answer #3: Who cares what Uber does? It's not like they set the rules for rideshare. Lyft has its own policies (which you agree to by using the app), so this is definitely not without merit.

By not paying the money through the app, you lose the ability to attribute that towards damages. Lyft will never honor a cash transaction in lieu.Answer #4: You have no options. There is nothing criminal about this. He accepted the 20 you offered but also put in a claim in the app, which he is allowed to do. Next time done offer free money.

You got off pretty cheap I’d say. There may not be permanent damages to the seat, but he can’t keep driving with wet seats all night and loses out on additional customers.


Title: [WA] My photo is being used for an event promotion

Question:
So some months back I attended a social event where a lot of photos were taken (I'm guessing that use of images for this group was included in the terms of agreement for purchasing the ticket). That's fine. Now, a friend has sent me an article promoting a speed dating event that seems to be unaffiliated with the original group, and my face is on the headline. I did some digging and the woman promoting this event is a photographer. I don't know if she was a photographer for the original event. My question is, if this event is unaffiliated with the one I attended, do they have any claim over the use of my image? Does the photographer have rights over the photo if she was hired to take pictures for the event?

I don't particularly want to pursue a bunch of legal action here, but if they are illicitly using my photo I'd like them to take it down.

Update: I managed to get in contact with the coordinator for the original event, who confirmed that the person posting my photo was a volunteer photographer for the event, but she didn't know who had rights to the image. She said she'd see about getting the photo changed out, and start discussing this more explicitly with photographers for future events.

Answer: I would be super upset if my photo was being used to promote speed dating because I've been married for a long time. Photographer dodged a bullet; I hope that they'll stop cross-contaminating their photos in future.


Title: Georgia- My dog was ripped open by a loose dog in the street and died in front of my mother. My neighbour owns the dog. What can we do?

Question: The police only offered to give my neighbour a citation. Can the dog be put down? Can we sue? What can we do?

Answer:
 Yes, you can sue for the cost of the damage to your property.  It is seemingly cold and callous, but dogs are considered property.

Further, you can contract your local Animal Control to report this.  Depending on local ordinances and that dog, action may or may not be taken.


Title: Conflicts between second amendment and other 'rights'?

Question:
[United States, IL]

Maybe this sort of thing has been asked before. If so please point me toward it. In fact, it would surprise me greatly if other people haven't argued this at some time.

I am wondering how the legal system handles what seems to me fundamental conflicts between 'the right to bear arms' and other rights, as described in other amendments.

I get that people can 'bear arms'. But given that the arms are expressly designed to deliver lethal force, why are they allowed for anything except decoration?

Let's say that someone breaks into my house with the clear intent to murder me. I shoot them. Many in the U.S. would say that this is justified. But didn't I deprive that person of the right to a public trial?   Isn't it strange that states will stop executions for lack of exactly the right drug, because that would be 'cruel and unusual punishment', but I can legally shoot a burglar in the gut and yell at him while he dies?

What about a cop that shoots someone? Isn't this the same as condemning the person to death, without trial? Why do U.S. police have this power?

Why are people allowed to carry weapons given that the express purpose of those weapons is to execute people? What's the difference between carrying a handgun with the intent to use it if I feel it necessary, and carrying a noose or electric chair with the intent to use it if I feel necessary?

Answer:
 >why are they allowed for anything except decoration?

Because our country was founded on the fact that evil dictators/rules can and should be overthrown. Citizens have a right to protect them selves and homes from illegal government intrusion and to band together and overthrow when needed.

>didn't I deprive that person of the right to a public trial?

Yes. But they were trying to deprive you of life. Your right to live outweighs their right to trial.

>What about a cop that shoots someone?

Cops shoot when their lives or others lives are at risk. So see my last point.