Title: Property Management company uses entire security deposit plus $600 for painting house due to "smoke damage". What recourse do we have?

Question:
After two years of residence my four roommates and I moved out of our college home. A few weeks later, we received the security deposit information, only to find the entire sum was used for re-painting the property for smoke damage ($3,650), plus an additional $600. Just as a note, the property is 1,720 sqft.

This seems very egregious. Not only that, but we're not sure that they have any documented proof that we smoked in the house. Not once were we smoking when anyone from the property management company was at our house. On one occasion, we did have a hookah in the living room, when the property manager showed up unexpectedly, and more than likely saw it (it was not being used at the time, just in the open).

I can say definitively that we kept the property in better shape than when we left. We made no modifications to the house or property, filled in any holes in the walls from nails, and kept the carpets intact & clean. We expected roughly $2,500 at the very least returned, assuming they were going to charge for every little thing (sweeping and mopping, some dusting, very very minor trash removal, etc.).

Is this charge extreme for our situation? Can they charge for smoking damage when they may not have proof that we smoked in the house? Should we threaten a lawsuit?

Answer:
 Did you smoke in the house?Answer #2: > Can they charge for smoking damage when they may not have proof that we smoked in the house? Should we threaten a lawsuit?

Smell and discoloration of the walls is proof enough. You may not have noticed it, but it's easy to tell if someone has been smoking in a house. The paint in the walls retain the scent and can become discolored from the smoke.

I highly recommend smoking outside unless you own the place and don't mind ruining the walls.


Title: Theif stole car and totaled it

Question:
Patient from hospital ran from ER at hospital, ""psych patient""  stole a car, ""wife's mom's car"" goes into high speed chase. The guy then wrecks and totals her car.

Car is older, but in good condition, only had liability insurance.

Could the police be held accountable for chasing, or the patient/family for not having them restrained it under control.

Basically can anyone be held accountable to get the vehicle replaced or is she just SOL for only having liability?

Answer:
 > can anyone be held accountable to get the vehicle replaced

Yes - the driver who crashed it.Answer #2: You can sue the person who wrecked the car.  May not be worthwhile if they don't have any assets.


Title: Solicitors harassing me for dog bite that wasn't on my property or my dog (England)

Question:
Hi, first post here, but kinda want some help clearing up what can and can't be done in this situation.

Around 4 years ago, a situation occurred where someone delivering to my family members address was bitten by the family dog, police were informed as I was in at the time, I attended interviews, there were no charges made as the person bit was apparently only required to do so through the company he worked for. The damage was minor (small puncture wound on hand), and that seemed to be the end of it.

Out of nowhere, 2 months ago I receive a letter to my own property stating that I was being sued for damages from a dog bite on my current property by my dog. And they were asking for permission from me to release a copy of the police report for them and asking for the dogs insurance etc (dog is also now deceased). This is a complete lie, and I also wasn't living at this current address at the time so I'm also really confused as to how my current address was obtained. I ignored the letter.

Fast forward a few weeks and a solicitor representative knocks at my door. Stating that they've seen the police report and it happened at this address and from my dog (???) and that I needed to provide them the insurance information. I told them it wasn't here, or my dog, and told them to visit the family home instead if they required this information. They've returned to my property a few times and now I'm afraid to answer the door because I don't know what my rights are in this situation and feel like I'm being forced to admit to everything they're saying to me.

They've attempted to deliver another letter but I'm completely at a loss. To be honest, if it was done through the police and such at the time then I would have been completely sympathetic, but I'm kinda worried I'm being scared/harassed into complying at this point.

So, what can I do in this situation? Any help from anyone would be greatly appreciated.
Topic:
Non-US

Answer:
 r/legaladviceUK might also be helpfull.Answer #2: If they had a copy of the report they would know the incident wasn't on your property, and didn't involve your dog. They're bullshitting you in order to "settle" with you. It's a trashy thing to do, but don't worry. The law is on your side. If the solicitor shows up again just tell him/her that they're harassing you, and that they're giving you false information. (If they wanted you to release the police report, they never had a copy in the first place. Anyone seriously involved would possess a copy. Then they say they saw the report and are still showing, it shows that they are lying.)

Just don't fall for the con man. These people have no power, and if they even dare bring you to court all evidence is in your favor. Answer #3: Curious as to why they took over 3 years to make noise. Did the person's wound suddenly fester after 3 years or did they develop disability?Answer #4: Have they provided you with any details about the dog bite? Is it possible they are talking about an incident other than the one you are familiar with?Answer #5: Did they actually refer *specifically* to that previous incident?  Are you sure it isn't a scammer trying to scare you into paying for a fictional dog bite?


Title: Violent Neighbour - NS Canada

Question: [deleted]

Answer:
 File a police report. Follow up with the status of your injuries as necessary.

If you continue to feel threatened, call the police. You can pursue a peace bond in Nova Scotia from the court if you feel threatened. Restraining orders are only available for family. Peace bonds involving children require the guy to stay a certain distance away and have no involvement. Ask the police or seek a lawyer's help. Consultations are minimal to free.

Getting a peace bond is not necessarily going to mean you lose your home.


Title: Police towed my car in Missouri even though I had another legal driver present who could've drove it home

Question:
I was arrested for driving with a suspended license (due to failure to maintain SR22 insurance) and I had a friend present who could have driven my car home but instead the police told me that they weren't allowed to let that happen so they had it towed. Is this legal? My car is registered and my name is on the title but it was not insured...
To be more specific about my location; i live in Columbia Missouri and I was arrested by the University Police.
Was my car being uninsured enough grounds for them to not release it to my friend?
I'm asking because if they were wrong and they didn't legally have to have my car towed, then I REFUSE to pay the money and go through all the bullshit that would be required in order to get my car back. But if it was legal and legitimate, then I guess I'm just screwed and must now conjure up the cash to retrieve my vehicle *-*,

Answer: The car wasn't insured, that's why it was towed.Answer #2: The car, being uninsured, was not in a position to be legally driven away from the scene by your friend.  I don't see a problem with this.  Unless you were going to hop on The General real quick and get some insurance coverage, I don't think they did anything wrong.Answer #3: So, your friends hops in the car and as soon as he pulls away the cops give him a ticket for driving without insurance. Then they tow it anyway?Answer #4: Your vehicle wasn't insured of course they towed it.


Title: Sent an ex a text message, now he wants to file a police report.

Question:
My ex recently sent a a lot of messages to an old friend, and he basically gave him all the details of our relationship. I was angry, and I realized I shouldn't of expressed my anger by texting him.

I told him that he should confront me and tell me everything in my face instead of telling my friend's all the details and private aspects of my life. I told him that I'd see him at pride later. That is all I said. I did not ever imply that I was going to physically harm him.

He does not know who I am as he deleted my number, but he told me he'd report me to the police for attempting to "physically harm" him. I was just joking as I wasn't even going to attend pride nor see him, I just knew he was going since he told me months ago. I am deathly afraid right now, I feel bad for even texting him. I told him it was only a joke, and that I am very sorry for texting him. He said if anything happens to him at the event, he will file a police report. Of course it was all a joke, but I am very scared right now. I've read the criminal threats 422 PC of California, and I really need someones interpretation.

I know I shouldn't have texted him. Can someone please help?

Answer:
 Can't tell if this is serious or not.

You don't need legal advice. Just use common sense. The police would not waste their time with something like this.

Don't contact him again and move on.


Title: How illegal is frying your electronics as anti-theft protection?

Question:
Hello, this just came across my mind randomly. You know how in movies, electronics would self-destruct to prevent theft/wipe evidence. What happens if I begin to implement it into my devices, such as my laptop/phone or desktop, will I be in trouble given the following scenarios? I'm ignoring all technical feasibility, for now, so we'll assume that I managed to pull it off.

Scenarios:

1) My device would pop a capacitor or two, with no real damage done to the thief/user. It just straight up kills the device

2) My device would overheat itself, causing the exterior of the device to heat up rapidly but the device doesn't combust.

3) Same as 2 but it combusts.

Assuming that the thief doesn't know that I installed such a feature, what are the chances he'll decide to sue or take legal action? If the thief does take legal action and the court knows that I installed such a feature, what charges would be pressed against me?

Note: I'm not planning to do this IRL, I'm just curious on what will happen if I did.

Answer:
 Disabling a device in the event of theft is legal. Anything that could reasonably be foreseen to cause injury or destruction of property is not.Answer #2: If any of your items are being seized by law enforcement as evidence any or all of your ideas are going to expose you to destruction of evidence and/or obstruction charges as well as being responsible for any damage or injuries caused by your devices.

If your items are stolen #1 would be unlikely to cause any liability but #2 and #3 would cross the line legally and would expose you to both criminal and civil liability for any injuries/damages caused by your boobytrapped electronics.Answer #3: 1. Well logically it should be legal ~~but this sounds like an actual request for legal advice that would be better suited for a legal advice sub.~~

You can legally destroy your own private property, so I fail to see the difference between that and any other destruction of your own private property.

2) Potentially ~~illegal~~ unlawful if the thief gets hurt.

3) Definitely illegal as that is arson that can easily spread.


Title: Legal implications of the statement "We think a radio station would be cool."

Question:
I'm working on creating a quasi-network among low power radio stations with a blues music theme. I have a meeting with a station where there is also a large blues society group that puts on festivals, etc. I contacted the group about my plans and asked if they would put together a letter that says only this: "We think a blues radio station in our area would be cool." The president of the group refuses to do it because "his lawyer said not to endorse anything."

I'm not asking for an endorsement of anything other than a general statement that they think it would be cool if there were a blues radio station in the area. I'm not asking them to endorse me personally or my plans. I'm not asking for an endorsement of the particular station I'm speaking with. I just wanted a statement to the effect of "We think a blues radio station would be cool."

So I want to know: Are there any legal ramifications of making a benign, general statement like that, or is he just being a weirdo?

(Not looking for comments on the merits of my plan, the state of the radio industry, or advice on how to deal with people. I know that sounds mean, but I'm honestly just looking for any possible legal ramifications of making a statement like that because I cannot for the life of me think of any, and I'm pretty well-schooled on media law.)

Answer:
 His lawyer is being overly cautious.

It's possible that they have a partnership with an existing radio station and don't want to look like they're going out of the way to create a competitor, maybe?

I imagine that if you got it off the ground they'd want to get involved, or at least would be glad to hear their festival mentioned. Once it was proven to work and be uncontroversial and there was no risk for them in being associated with it.


Title: [MD] Retaliation at work after I placed complaints for harassment

Question:
I have been with my employer (federal contractor) for over a year

Back in September 2017 I complaint that a employee with the client send an email which contained sexual banter. My employer asked me to go to a meeting and told me never to complaint about sexual harassment anymore.

In December another client employee made a lot of racists comments about people of my race. I reported it to my employer and they said the client investigated and found no evidence of wrong doing. I told HR after the 1st complaint my direct supervisor warned me not to complaint about the client at all.

In February my direct supervisor berated me verbally over an IT issue. I told HR verbal harassment was not ok and again they investigated and found nothing.

Today, yet again another client employee verbally berated me. The person also said " I know a lot of people have placed complains about you in the past". HR told me that the complaints were confidential and could not be used to retaliate against me. This lady berated me for like 5 minutes and she insisted there were many complaints placed against me. I have never received or being made aware of any complaint at all.

I was very upset and left for the day. I feel sick of all the stress. I have reached out to an attorney I talked before and he wants to have a conference call tomorrow.

In the mean time I appreciate any help/advise

Answer:
 Clients are not co-workers. They are your consumers. They are the people the company wants to keep happy.

Definitely speak to the lawyer so they can determine if there is any case.


Title: [SC] Mom was hit and ran by an 18 wheeler. They found him, but my mom can't drive anymore from anxiety and panic attacks. Is there anything she can file for emotional damages?

Question:
Title pretty much says it all.

My mom was in her lane when an 18 wheeler came into her from the left.  He hit her VERY hard. A lot of damage to the side and front of her car. She isn't worried about that at all. It's just she can't drive anymore.

My mom struggles with anxiety but this is at its peak. It's bad. She used to NEVER be like this. She uses to be able to drive perfectly with zero fear and no anxiety.

She can't go anywhere without an actual panic "I feel like I'm going to die right now" attack. She went to the doctor today and they couldn't even get an accurate reading on her blood pressure and her heart rate was 156. She has to go to the police station to pick up the police report. She can't even think about driving again.

When she thinks about driving, she breaks out in sweat and trembles. She cries and hyperventilates. She used to not be like this. It's heart breaking. When somebody gets near her car from the left her reaction is to jerk the wheel and she's scared she's going to cause an accident.

IANAL, but I think she may have a case for emotional damages. I'm not sure though. Any help would so appreciative.
Topic:
Personal Injury

Answer:
 She needs to stop driving immediately, should see a therapist ASAP, and should speak to a few personal injury attorneys.

Has she accepted a settlement from the other driver's insurance yet?


Title: (NJ) Question about lease language in regards to me ending it early

Question:
Hi All, this won't be exciting but any guidance would be appreciated!

My lease ends Jan. 31st 2017, and I would like to end it on Dec. 31st 2016.  My lease has no language regarding the tenant breaking it early and what the penalties would be. I'm a little surprised by this, and think that this means I can break it. I do want to provide 60 days notice (I don't want to be a jerk, I really like my landlords).  The language below is what troubles me:

"The tenant is responsible for the term rent of $xx,xxx to be paid over the course of 12 months- Feb, March, April..." etc

I've had this language in other leases, but they also specifically stated what would happen if I were to break it.  What do you guys think? From everything I've read on this sub, the absence of language works in my favor.

Answer:
 > I'm a little surprised by this, and think that this means I can break it

No, it means the opposite.  Unless a contract has specific provisions which allow you to end it early, you're required to abide by it's terms in full.  You can attempt to negotiate with the landlord, but you owe rent through 1/31/2017


Title: [Canada] Got pulled over as I was biking home from a party... did I handle the situation correctly?

Question:
I went to a party last weekend. By the end I was sober so I threw the rest of my drinks (open bottles) into a grocery bag and biked home.

Along the way I was pulled over by a cop. He asked me if there was alcohol in the bag. I said is was soda. He clearly knew that wasn't the case, and he started asking me a bunch of tongue in cheek questions (What's your favorite soda? May I have a sip? etc).

After that he ran my ID through a computer (I assume to check for records... of which I have none), and let me off with a warning.

Now I'm wondering:

* Was lying about the bag's content the right move? What would have happened if I told the truth?

* Seeing as the cop ran my ID, do I have a record of some sort now?

Answer:
 >Was lying about the bag's content the right move?

Absolutely not. You can however decline to answer. Don't lie to cops.

>Seeing as the cop ran my ID, do I have a record of some sort now?

I don't believe so. I believe it is just a query on a database.


Title: [USA] Hypothetical - can an alcoholic be allowed to take alcohol into a theme park that prohibits it as a "reasonable accommodation" under ADA?

Question:
This is purely hypothetical, I'm really just curious. I am aware that ADA does not allow an alcoholic to drink in the workplace, but I am curious about other at other businesses.

Lets assume a theme park. The theme park allows food and drinks to be brought in, but does not allow outside alcohol. The theme park sells alcohol in the park, but they are prohibitively expensive for the alcoholic.

The alcoholic will have tremors, wirthdrawals, and possible seizures without alcohol.Can the alcoholic make an argument that he/she should be allowed to bring in his own alcohol to the park as an accommodation so he can enjoy the park similarly to other guests?

Answer:
 >Can the alcoholic make an argument that he/she should be allowed to bring in his own alcohol to the park as an accommodation so he can enjoy the park similarly to other guests?

No, that argument would likely fail based on the fact that the park already made a reasonable accommodation by selling alcohol. Being to poor to afford something is not the themepark's problem that is the alcoholic's problem.Answer #2: Lol no. Reasonable accommodations have to be reasonable. Answer #3: Just out of historical curiosity though, Winston Churchill received [just such a prescription](http://static.vinepair.com/wp-content/uploads/2016/04/Dr.-Pickhardt-Letter_CHAR-01-400A-046.jpg) when he visited the US during the prohibition era!


Title: Is bug-fighting illegal like dog-fighting is?

Question:
Location: Washington, U.S.
I came across a YouTube channel that pits two bugs against each other in a bowl (literal). I feel like this kind of thing is illegal under the same laws that make dog-fights illegal.

Answer: Try /r/bugsrights.


Title: Community service refuses to give me a letter head

Question:
Don't know if this is the correct sub for this, if it's not can someone direct me to the right place.

I was required to complete 40 hours of community service.  I did the service and gave my probation officer a stamped and signed time sheet of my hours worked. About a month after I sent that to my probation officer I received a call from her stating that I needed a letterhead from the organization I did the service with. So I called the organization and they said that they do not do letterheads. After telling that to my probation officer she said that if I can't get a letterhead from them I would have to restart my community service elsewhere.

Is it possible to make a letterhead myself and have the organization sign it or does it have to be made by them? Is there anything else I can do so that I do not have to redo my hours. I have very little time between the two jobs I work (one full time, and the other part time) and can't afford to take the time off either one and she wants me to either get a letterhead or start community service else where by the 15th of this month. Any advice would be greatly appreciated.

Probate is in Clayton county, Ga

I did my community service in Cherokee County, GA after receiving consent from my probation officer that it was an acceptable place to do it.

#Update:

Okay, so I went and talked to them. I said that I needed to get a letter verifying that I worked 40 hours there and for it to be on organization letterhead or I will be forced to redo these hours. I also asked for any other kind of documentation as well. They still refused so I asked to speak to the manager/supervisor. Same thing, they said that they would not do it. I asked to speak to someone else and was able to talk to the organization director, I explained my situation and she still refused to give me any kind of documentation verifying that I had worked there. I asked if there was any way they could help me out so I can be finished with this situation and she started giving me a lecture about following the rules and that that was why I was probably in this situation to begin with as if I was some piece of shit. They were all being very rude and talking over me every time I tried to explain what it was that I needed. I asked for the directors contact info, and got the phone number to the shelter, and an email address. After calling my PO she requested to have the director call her, which the director refused to do. So my PO is going to send them an email detailing what she needs from them and is going to give me a call back.

This is pretty abridged version, but it contains everything pertinent to the situation. I did everything that was suggested by other commenters and stated very clearly what I needed from them but they still refused saying that the stamp at the bottom of the time sheet with their county seal on it was all I needed. Thank you all for all your help, I'm at a loss on what to do now, if feel incredibly shafted here cause I spent all that time helping them out at an incredible financial loss to me just to have one piece of paper stand in my way of having it count for anything.

Answer: Do not make it yourself. That is opening yourself up to fraud charges, and you'll be in even worse trouble.Answer #2: Let me get this straight. The organization you did your community volunteer work with won't give you a signed letter that says "TracyMichaels did complete 40 hours of community service at our location on xyz street between August and December 2015, signed CommunityVolunteer". That would be extraordinary, and short sighted considering you put in all that effort on their behalf.


Title: [AL] Work requiring me to use personal cell phone for business purposes without reimbursement. Legal?

Question: [deleted]

Answer:
 Yea it's legal to make you use your personal cell phone. You can refuse and you can be legally fired for that but you would probably qualify for unemployment. if your expenses for business use go above a certain % of your AGI (I think 2.5% but not 100% sure) you may be able to deduct them.

> I will have to handle some of this business when I am off the clock and won't be paid for that time.

That part isn't legal if you're hourly. You have to be paid for the time since you aren't "off the clock" anymore.  But if you're paid a salary and the rules for paying the salary are followed then this is just another job responsibility.


Title: Pissed off manager said she’s holding my paycheck until my next pay period because I called out sick

Question:
Hello! First I’d like to give a little bit of a back story : I live in NY and  recently put in a month notice to my job on 11/30( I know they have staffing issues so I didn’t want to screw anyone over)it turns out that they only need me for 3/4 weeks which I have no issue with because I’m transferring to a different office but still working for the same company. I work for a national brand insurance company so each office is independently contracted meaning the owner deals with and pays their employees.
 In my office my manager who is my direct supervisor is pretty ticked off about me leaving and has been out to get me since I have my notice however in all honesty she is the one who pushed me out the door(figuratively speaking). I sent her a text this morning that I can’t make it in due to being ill(not bs I’ve been up all night vomiting) apparently I don’t have any sick days which is crap because I have one day left that I didn’t use this year. In any case her boss which is also her father preprinted the checks for this Friday (12/8) because he’s going on a trip and won’t be back until next week so apparently she won’t be giving me my check until the following pay day which is 12/15. Now In the past if I had ever been paid more I could either work through my lunch hours to pay them back any over payment or they’d just deduct it from my following paycheck with no problem but it seems it’s not up to my boss since he’s not in is what I’m told. Is this legal? My boss could easily walk my manager through reprinting a check as they do it in the back office or by going to the bank. I don’t want to take any legal action however, just want to have a leg to stand on for when I ask for my check on Friday.

TL;DR : I put in my notice at work and my manager isn’t happy about it. I called out sick today and I’m being told I don’t have any sick days which I’m 100% I have 1 left.My boss preprinted paychecks for this upcoming Friday since he’s gone on a trip so my manager is saying she is holding my pay until my next paycheck the following week. Is this legal in NY?
Topic:
Employment Law

Answer:
 It's my understanding that they must pay you in the normal time frame.  Essentially withholding for something well within their control won't fly.Answer #2: I don't understand - if the check is printed, why would they need to reprint it?  They just need to give you the check they printed.

There's no good justification for making you wait, at least not that you've explained.  But on the other hand, if you get your paycheck a week late, that would be faster than any legal process would work.

Answer #3: Nope. Nope. Nope. Illegal on all fronts, they cannot withhold your pay for ANY reason. If you worked those hours you are legally entitled to your compensation. Sick day or not, she's in the wrong.Answer #4: Salaried employees are protected in most cases from pay deductions.  The stuff you've said about working lunches to pay back overpayments sounds fishy, or it could be part of a comp time arrangement which would be legal.  Having a fixed sick time policy is one way they can make unauthorized deductions for employees who go over their limit, but in most cases the amount of time accrued is obvious to the employee and the policy should be clearly communicated.

Do you have a payroll portal or is your accrued sick time on your paystub?  There shouldn't be a disagreement over how many days you have left, there should be proof.

What does your contract or employee handbook say about exempt employees and absences?

I see you don't want to take legal action, but if this escalates you should know you don't necessarily need to sue.  Your first step would be a wage claim with the New York department of labor.


Title: Pulled over with no headlights on ended up with possession and operating with controlled substance 1st offense Wisconsin

Question: So ya ik I messed up but i only had .3 grams and I took the wrap for a buddy so he wouldn't go to jail I wasn't even really high it just smelled like marijuana in my  car i was taken to jail for an hour or so got my blood drawn and now im looking at like 1200 in tickets and license suspension my court hasn't  come up yet and ive never bee in trouble before so i have zero idea what to do lawyer? guilty? not guilty? no contest? Any advice would be much appreciated like i said this is 1st offense in Wisconsin and i dint have a ton Of cash

Answer:
 1.) Get a lawyer, **now**.

2.) For the love of GOD, man. Spell check.


Title: [California] Very specific question about a part of California law dealing with encouraging somebody to commit suicide. (Penal Code 401 PC)

Question:
Penal Code 401 PC, as I understand it, prohibits against Aiding, Advising or Encouraging somebody to commit Suicide.

Aiding and Encouraging is pretty straightforward, but what constitutes "Advising?" Would Advising be along the lines of saying *"make sure you tie up loose ends. like funeral cost, therapy for those who will miss you, debt, make sure they find the body so you don't stink up the place after its done."* or *"There are 100s of ways to do it (literaly). And anyone who puts in the effort should do it correctly... Its very easy and if you put in some good effort and preparation into it, it should work."* or *"Im for people killing themselves. Im more of a big picture guy."*?

I'm asking because I expressed suicidal thoughts on a california-based messageboard, and received those messages in response. I have no problem being told such things, because I mean yeah I have no regard for myself but I *do* have regard for others who are suicidal, and I *am* wondering about the legality of this person making such statements to other suicidal people. (this individual claimed to never encourage or discourage it and said *"I niether talk a person into it nore do I talk thwm out of it."* [sic])

so that's the legal question.

meanwhile, I suppose on a moral level I could report this person to the messageboard.

Answer:
 So whats your end goal here? You want them arrested or something?

People say much worse things on the internet...


Title: My ex-wife used my daughter to plant, and photograph evidence against me.

Question:
At the completion of the divorce, my ex-wife was ordered to pay me for half of the taxes, half of some of the credit card debt, and provide me with my items from the household. She failed to pay me any of the owed money and only provided some of the items from the house. I brought her back to court with an Order to Show Cause in an attempt to collect the money, the items, as well as half of our mobile phone payments for the period of the divorce as she had agreed to do. As part of her "evidence" that she already provided me with the cell phone - and thus shouldn't have to pay for her half of it - she had my daughter bring the item (a cell phone) to my apartment and take pictures of it at my place. The pictures are obviously staged and my daughter is visibly taking the picture in a mirror in one of them. Unfortunately for her, I have the bills for the months afterwards proving that she was still using the phone.  She is a complete narcissist and has been using parental alienation against me for years, and I really don't want her to get away with this. The mental abuse that this type of stuff has upon my children just can't continue. What are my options other than pointing out the obvious evidence that she falsified her rebuttal?

Edit to include that this is Supreme Court in Rochester, NY.

Answer:
 Something something about missing something in your story about having a lawyer who is really best fit to help you in this situation.

Seriously dude, get a family law attorney if you haven't already and if you have then this is a great question to ask him/her.Answer #2: You can always get your lawyer to subpoena the phone company for geolocation of her phone records. That will show that apparently, after she returned the phone to you, you snuck into her residence to make a lot of phone calls.Answer #3: So that's what, at least obstruction of justice and contempt of court?? Has she made statements under oath?


Question:
friends ex won't stop harassing them online and is sending flying moneys after them and harassing other just for being friends with them (advice wanted) (self.Markee)

submitted 19 hours ago by SouthernBellegirl99

hello this isn't really for me rather it's for a friend of mine but I have been there and know about the situation since this all started a few years ago.....

Before i start i want to state my friend has already taken Ex to court twice for harassment and the judge both times gave ex a warning to back off the last time they went to court was a few weeks ago. my friend and ex live in separate states and are adults. . so onto the backstory

trigger warning toxic relationship and manipulation

friend and ex dated off and on for a few years and finally called it quits for good once and for all two years ago. the relationship was very toxic. ex knew how to manipulate friend into doing what ex wanted. it took me having a sit down with friend one day and explaining the signs of a toxic and manipulator. Well after the break up ex decided to paint friend as a bad person and publicly shames friend online and brings up friend's past, sends threatening messages to friend and laughs at friends hardships, the list goes on. ex also sent friends or rather Flying Monkeys after friend and boy oh boy thats where things got worse. Flying Monkey's stalked friend of social media and would send death threats to friend and then backpaddled when confronted about it. recently the harrassment pushed friend to the edge and landed friend in the hospital. this allowed legal action to be taken friend took ex to court to get a RO a few weeks ago and the judge told ex to stop and leave friend alone or action would be taken. not even a week later the flying monkeys attack friend with death threats, even went as far as to attack other friends just for being friends with friend. threatening other friends if they didn't drop friend they would be harassed online. friend is currently off social media but flying monkeys are still harassing friend. where should my friend go from here? any threat is screenshot and friend emails it to lawyer to help in the main case. the flying monkeys have been relentless on their attacks even going as far as posting phone numbers and legal addresses what can friend do to finally put this to rest?

Answer: What the hell is flying money?


Title: Birth certificate help

Question: My SO had a baby with a guy she was sort of seeing after he kept pushing for her to have sex with him. She broke things off right after but she had a baby who is 10 months now. He wasn't around during the pregnancy and was not put on the birth certificate. They agreed that he would visit their child one day per week. But every time he goes to visit, he threatens my SO with court if she doesn't put him on the birth certificate. They do not get along at all and she doesn't want him on the BC. So my question is, legally, does he have the right to be on the BC? Can he make her put him on? We are in Austin, Texas if that makes a difference.

Answer:
 > So my question is, legally, does he have the right to be on the BC?

More or less, yeah.  She's not strictly required to put him on, but if she doesn't he can sue for paternity, which he does **not** have at this time.  If he wins(which he likely would), the court can order him put on the certificate.

Of course, if his paternity is established, he could be on the hook for child support.  He'd also have the ability to go to court to force custody/visitation rights.  Right now, neither of those is true.


Title: My friends ex used her Best Buy credit card to make an online purchase. Can this be disputed?

Question:
I don’t really know what details would be best included for this issue. I asked and her ex made the purchase with her card outside of her state of residence.

Sorry for formatting, I’m on mobile.

Answer: Was he an authorized user? If not, yes it can be disputed. Is she ok with her ex facing serious criminal charges?


Title: Wages garnished due to judgement on medical debt, total garnishment was for roughly 150% of the awarded judgement(MN). What is going on here?

Question:
The title pretty much explains it.

Judgement was for $2383, listed as the "Original Amount" and the "Current Principal" on the judgement. It is satisfied, but the amount of the garnishment was $3352.

Any way for me to recoup that extra money?

Thanks in advance.

Answer:
 In many cases, the state allows for interest and penalties on top of the original judgment.  Minnesota is one of these.  This is automatic and doesn't require a further order from the judge.

You can certainly ask for an accounting of the $3352 amount, and you can challenge something that doesn't make sense.


Title: [Ontario, Canada] Please help. Family member with schizophrenia can’t take care of themselves

Question:
Hello,

One of my family members has been suffering from schizophrenia for 5+ years now. They have been diagnosed by a doctor and prescribed medications. They do very well on the medication and function normally. The problem is they take the medication, think they’re “okay”, stop taking it and then go back to the old behaviour.

They cannot he left alone. They don’t eat for days at a time. We had a hospital visit yesterday, and they are 5’5 and 88 pounds. Suffering from severe dehydration. They live with my grandmother, and she fears for her safety. She is assaulted on a daily basis by them. Grandmother is disabled and lives off of odsp. She is overwhelmed.

Somehow, the person in question got a plane ticket and left the country. A family member took them in not knowing how bad the schizophrenia was. They left because they wanted to escape the man that was following them. Until the man “found” them there. They freaked out. My aunt had to pick her up, and take time off her job. We had to drug them to get them on the plane, or else they wouldn’t have returned to Canada.

They won’t practise basic hygiene, and once wouldn’t shower for a month. They do fecal smearing. Wear hearing protection everywhere to keep the voices out. Go outside in public, naked multiple time. Lost their job as an RN. Can barely afford to keep their house. Refuses to eat almost anything because they’re worried the food is poisoned.

The point is, they cannot live they way they currently are. I’m a bit overwhelmed and don’t even know where to start a google search. I’m just an overwhelmed family member who wants them to get better.

Is there any way to get them committed to a home? I don’t think there’s a way to make someone take their medications. They still legally can make their own decisions. Or is there a way for someone else to take legal custody of them? So that they can be admitted to a home or make them take their medication. I just want them to get better.

Answer: I think you'd start by contacting CMHA and see what help/resources they may provide you.


Title: How can I stop the state from proceeding with a domestic violence case?

Question:
Backstory:
My partner and I were in a heated argument, there was telling and screaming and yelling and pushing and shoving and I was slapped. Apparently a neighbor called the police, they arrived at our home, I answered the door and made the mistake of inviting them in and talking to them without a lawyer present. I told them that my partner hit me in the face and had kicked me in the groin. I have no idea what my partner told the police. My partner was arrested at that time. They were released the next day on the condition that they can have no contact with me and are not allowed to return to our home. It has now been 2.5 weeks since I have seen or communicated with my partner. A pre-trial hearing is scheduled for a week from today.

I want to know how to make this stop. I don't want my partner charged with anything, I want them to come home and to be able to communicate with them. I have gathered that my partner has hired a attorney and I can't imagine how much this is costing... I have been told by the detective and the "victims advocate" that there is nothing I can do.

Is this accurate? Is there anything I can do???

Answer: You can't stop it. And you shouldn't be able to. Sadly, this question is asked several times a week by abuse victims seeking to protect their abuser. You can not participate but you cannot stop it from moving forward.


Title: Eviction Hearing in 3 Hours: Help?

Question:
Have an eviction hearing this morning for non payment of rent. Here’s the lowdown.

(Maryland) I (39 yo F, working single mom) Rented direct from owners when needing to relocated and move my aging parents in with me three and a half years ago. Everything was super informal, landlords were weird, but with three adults, two teenagers and two dogs, we made it work. House is older and from the get go we had moisture/mold issues.

Paid rent like clockwork for the first 1.5 years, kept bringing up the mold issue and in that time experienced a crapped out upstairs HVAC that leaked through the ceiling. Landlords were very slow to respond in  the middle of summer.

About that time, I got sick, was hospitalized and my parents started traveling back to my home state to care for my dying aunt. Communicated to landlords that situation was changing, I wasn’t able to pay the full amount of rent and expressed how concerned I was about the mold. Was verbally told, ‘just pay what you can.’

Father/husband of this weird landlord family passes away. My attic is INFESTED with bats (several dozen) and it was a nightmare. Again, landlords slow to respond, almost acting like it was my fault. This whole 1.5 years, I barely hear from them. Send payments (not full amount). Tree falls on neighboring house, a month to even get back to me. My house is burglarized (the broken sliding glass door that was reported on the walkthrough when we moved in)

I payed sporadically, had to throw out a ton of stuff and bleach recurring mold around windows and wall vents at least twice a month this whole time. Figured since I’m doing my best to upkeep this shithole that they don’t maintain, and they haven’t said a word, Everything is good.

Few weeks ago, after no comms whatsoever for 8 months, they blow me up Saturday morning, insist in a walthrough the next day, I rearrange my plans to be available and they spend SEVERAL hours in my home. Kept returning to the mold issue, while they zeroed in on cobwebs in my laundry room, noting that doesn’t help with good circulation and the “grime” around the windows (ooh kay).

A few days later, eviction hearing summons on my door. I have very little records because my home computer fried a few days before I wound up in the hospital again. It’s been one thing after another for me and my kids in the past few years and I wasn’t able to pay the full rent for the last little while. The amount  they are claiming is like the duration of my residence there.

Only signed a 1 year lease in the beginning and it was never revisited. These people, when they dis come around, frequently brought drama so I’m a little nervous about court with them. Advice? Should I being up the mold/bats/lack of maintenance and communication?

If the court finds in their favor, what should I expect next? Best approaches? Any guidance most appreciated!

Answer:
 > If the court finds in their favor, what should I expect next?

Then you will be ordered to leave the property and return it to the landlord.

&#x200B;

But really, at some point during this process, you'll have to find new lodgings. As a month to month tenant your landlords only owe you one month of notice to vacate, even if you paid your rent on time and in full.

&#x200B;

You may have an argument for reduced rent due to some of the maintenance issues. Then again, you may not. You can request that the judge reduce the amount you owe due to the issues you encountered.


Title: Apartment complex took my broken car while a title loan was out on it, and now I’ve paid it off. How do I get my car back?

Question: I’ll try to keep this as short as possible. Two years ago, I was living with my mom in between jobs, my car had broken down right as I was moving out. I managed to get all of my stuff out of my mom’s place and wanted to tow the car to my new place of living, but the apartment complex towed it to a lot. I had a title loan on the car that I just paid off last week. They took the car near the end of 2018. Can they legally pawn the car without the title? How would I go about getting the car back, if at all?

Answer: Your car is almost certainly long gone. If it's not, you're gonna owe thousands upon thousands of dollars in storage fees.


Title: School threatening expulsion to Veteran students if they don't attend in-person and violate the state's social distancing order

Question:
My coding school is already teaching classes fully remotely. They're operating in Colorado and veterans attend using a VA education program.
The VA program's guidelines previously stated Veteran students must attend in person, this language seems to have changed recently due to COVID-19; however the school is refusing to acknowledge this change or Colorado Public Health Order 20-23 mandating no groups larger than 10 may assemble, punishable by $1,000 fine or up to 1yr in jail.
So the school goes remote. However myself and 15 other Veterans are being required to physically attend the school while we participate in the remote classes. This is directly contradicting the public health order and some students are additionally under a "Shelter in Place" order issued in Denver county.

I expressed concern to the school about attending in person, citing the state's public health order and fear for my own health. They said I can choose not to attend, but that I will be removed from the student body for failing to meet 'attendance requirements'. Again citing the old VA rule saying Veterans can't attend remotely.

I legitimately am afraid to go, for legal and safety reasons. However I also Really need this school right now and dropping out isn't a good option.
What would my legal recourse be here? Does this qualify as veteran discrimination, or something else?

Relevant Documents: Colorado Public Health Order 20-23 ( I tried to link but it auto-banned )

Answer:
 You need to contact your VA Educational counselor.

Email them right away with your issue, they can deal with it on their end.

You're right, the policy has changed during this situation.


Title: I go to a “health center” for psychiatry and ironically, they prescribed me a service dog, but now, the office is saying that because an employee is allergic, that Odin won’t be able to come with me. This directly violates the ADA that says allergies/fears are NOT reasons a place can deny access.

Question:
According to the ADA FAQ on Service Dogs:

Q26. When might a service dog's presence fundamentally alter the nature of a service or program provided to the public?

A. In most settings, the presence of a service animal will not result in a fundamental alteration.  However, there are some exceptions.  For example, at a boarding school, service animals could be restricted from a specific area of a dormitory reserved specifically for students with allergies to dog dander.  At a zoo, service animals can be restricted from areas where the animals on display are the natural prey or natural predators of dogs, where the presence of a dog would be disruptive, causing the displayed animals to behave aggressively or become agitated.  They cannot be restricted from other areas of the zoo.

https://www.ada.gov/regs2010/service_animal_qa.html

And the quick sheet on service dogs by the DOJ:

**Allergies and fear** of dogs are **not valid** reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.

https://www.ada.gov/service_animals_2010.htm

This is directly from the ADA site. I even argued with them last time I was there because I **knew** they couldn’t deny me access for that, but they insisted. I told them the two questions they’re allowed to ask me about Odin and they continued to say they wouldn’t accommodate him. I feel seriously upset by this. I was even courteous today and called to see if she was working to which I was snottily replied to with “Yeah, she works here”. Per the ADA, they have to accommodate **both** of us.

Questions I have:

1. What should I do first? Contact a lawyer specialized in ADA or try to bring these FAQs to their attention?

2. If it goes the legal route, will I have to stop seeing my psychiatrist? We have been a team for nearly a year and I don’t want to stop seeing him because of this. **He’s** never said anything about Odin, the girls at the front desk have.

3. What are my options here?
Topic:
Disability Issues

Answer: Is it a service dog or an ESA.


Title: My friend became a dog, am I responsible for him in any way? [IL]

Question:
My friend decided to become a dog. I know that sounds insane but it happens to be true. He was "adopted" by a guy, and he dropped off the face of the Earth to everyone who knew him, claiming he was moving away. I don't know if it's relevant but he wasn't in to guys before that. He quit his job, left his fiancee, and has been living with this guy and being trained as a dog. I'm one of two people who know about his actual situation. I thought this was going to be a strange lifestyle experiment but it has been going on for more than a year and getting more and more extreme (shock collars, voluntary surgeries, etc). The guy who owns him has done a lot of sketchy shit but my main concerns are these:

1. Can someone (legally) give away their autonomy this way? The guy told him that if he ever wants out he gets dropped at a bus station with a change of clothes and some money and that's it.

2. Can a person adopting the role of a non-person really mess up their protections? Access to emergency services, healthcare, etc? I have to imagine that having no savings or no plan isn't going to end well when he's older. I guess I'm trying to think of other things I can send him to convince him this is unworkable.

3. Can he really consent to this? He is confined all the time, among other things. Is this in any way a crime, and if so am I in any way responsible for not trying to intervene?

I know this sounds insane but I would really appreciate any advice. I've asked /r/relationships, Dan Savage, and some other people and no one will take it seriously. Half of the friends I talk to about it tell me to call the cops immediately and the other half say that they're both consenting adults and it's none of my business.

Answer:
 1. Yes they can, but it's not advised.

2. People are people even when they are dogs. His constitutional and civil rights remain.

3. He really can. Again not advised. I'd continually keep checking on him though, in case he decided to leave and his "master" wouldn't allow it.


Title: Can a workplace mandate participation in an employee party?

Question:
Hi there, asking this on behalf of an employee of mine.

Where I work, we hold a pretty nice employee party where people who have won employee of the month gather on a stage and the GM awards employee of the year. One of my team members got EoM and is incredibly shy and may even have problems with anxiety. She was unhappy enough with going up on stage but now HR has decided that they also need to pick a song and do some kind of performance.

My boss is telling her that she "has to" go and is making it sound like an ultimatum, though has been vague about and penalties. Would it be legal for her to refuse? She is not scheduled to work that day, and it is an entirely optional event.

We're in Minnesota and our hourly employees are unionized, if that affects anything.

Answer:
 See the other comments from a legal perspective. But has she (or maybe someone else in your department who's less shy and more forceful) gone to your boss or HR and tried to actually talk about this like a human?

Presumably the employee of the month is meant to be an honor, an award, something you give to someone because you want to show your appreciation. It's supposed to improve employee morale, make for a better workplace, and ultimately improve the bottom line. If you can be so bold, I would ask your boss and/or HR if they think this is actually accomplishing those things, or if it is in fact *hurting* the company.

I just can't imagine that the people in charge would be willing to seriously damage their relationship with an employee (and not just any employee--apparently the best one this month!) in the name of enforcing a policy about performing a song on stage.

Answer #2: >We're in Minnesota and our hourly employees are unionized, if that affects anything.

If she is part of the union, have her contact the union rep first.Answer #3: A meeting can be unpaid only if it meets all parts of a 4 part test. One of the tests is that it must be voluntary. If they are telling her she must go, then they must pay her.


Title: California - Any legal liability if a friend uses your address for auto insurance?

Question: Any legal liability if a friend is using my home address for auto insurance? My friend moves around a lot because he is serving but he wants to use my home address for his auto insurance, just wondering if it would cause any issue for me for my own auto insurance even though we don't share policies, he pays for his own and I pay for mine

Answer: Would your friend be comfortable explaining exactly what he wants to do to the insurance company?Answer #2: Insurance rates can vary by home address, so this may be construed as insurance fraud.


Title: Apartment Lease

Question:
Sorry if this isnt the best place, I'll be glad to move my post if needed.

Moved into my apartment last September with a buddy from High School. When we were first signing up they did state there were pets allowed with proper deposit and criteria for pet. When picking our apartment they stated that the list of buildings were all the same and we could choose whichever we wanted. Fast forward a couple of months my roommate and I were interested in getting a dog. When we went to file the paperwork the shelter called the apartment office, they said we arent allowed to have pets since we arent in a "animal dwelling building". I read my lease several times and it never once states that we are in a "non animal dwelling apartment" nor does it specify which ones are. It specifies what will happen when there are pets found with the fees and such and that pets are allowed with managements permission. Isnt that with the deposit and if the dog meets the critetia? I havent spoken with the manager, this was only through the office workers. The workers did mention animals are allowed in the non-animal dwelling apartments if they are service animals.

My main question is can i argue that i wasnt properly informed about the no pets rule and possibly move to "an animal dwelling" building? More importantly do i have enough ground to argue that? I dont mind moving and even signing a new lease. If i wouldve known that there are specific animal buildings I would've picked a different building. Any advice will be greatly appreciated. Thanks in advance!

Answer:
 If it states “with management permission,” then the apartment management has the discretion to allow/not allow pets. Which also means they can restrict pets to only being in specific buildings.

If you want a dog, I would suggest sitting down with the apartment management, explaining what you were told when you were looking at the apartments, and seeing if it would be possible for you to move to a building where pets are allowed.


Title: Public intoxication, under LSD.

Question: [deleted]

Answer: You could be facing some jail time and a record. Get an attorney.


Title: A small retail business with a leased location in the US has a second floor only accessible by stairs. Does the ADA require a remodel to include an elevator or something? How is this enforced?

Question:
A small business in my area has wheelchair accessible entrances, but has multiple "upstairs" areas that are not accessible by anyone who can't get up a flight of stairs. A remodel would be prohibitively expensive, but is that the only option besides ceasing to use the upstairs as retail space and leaving it empty?

How is this stuff enforced, would the business get a warning or a fine? Would the ADA or DOJ litigate? Or would a private individual who couldn't get the top floor bring a suit?

Answer:
 The ADA only requires businesses to give people *reasonable* accommodations. Key word being reasonable.

Something like bringing samples of stock down from upstairs would be reasonable.Something prohibitivley expensive, such as installing an elevator, is not reasonable.


Title: Any way to stop or remove a name from TransparentCalifornia.com?

Question:
Branching off of this post http://www.reddit.com/r/InternetIsBeautiful/comments/378grp/if_you_grew_up_in_california_and_ever_wondered/

Is there any way this can legally be stopped or have names removed?  I really don't care for anyone and everyone being able to see my income...

Answer:
 > I really don't care for anyone and everyone being able to see my income...

You would want to work in the private sector in that case.Answer #2: Nope. Open government is a thing. If the taxpayers are paying your salary, it stands to reason that they'd want to know exactly how much they're paying.


Title: (Baltimore, MD) My SO's mother wants to throw us out on Monday night if we don't give her money she believes we stole.

Question: If you check my history, you will see some recent posts to get more information on the situation, but there was a break in in her house while none of us we're here. The stupid idiot took half her money and now she believes we did it because "only drug users take half the money." She wants the half back Monday or we are out Monday night. I really don't want to court, but I cannot afford to be homeless. We only verbally agreed to pay three utility bills and because she's so fucking bad with money (has been her entire life according to her own mother), we have wasted most of what little money we get trying to pay off her past due balances. Can she legally kick us out like this in the city of Baltimore,  state of Maryland?

Answer:
 1.  How long have you been living there?  If it's more than 30 days you are a tenant, and she must give you proper notice (and yes this applies even if you don't pay rent.)

2.  What other housing options do you have?

3.  If you actually are a drug user (as she apparently is implying) I highly recommend cleaning up your act ASAP & making damn sure there aren't any drugs there.  Because in a dispute like this, the easy win is for her to call the cops on you, and get you arrested.  Out of the house in one easy step, no eviction process needs to be followed.


Title: Is it possible to make a contract on our marriage for my husband regarding possible infidelity issues. Please help

Question:
So my husband [34M] and I recently got married last December 2018. He could possibly having infidelity during our marriage. I found out on his Google history app activity that he's been using Grindr app and other dating app for roughly 5 months behind my back.

I confronted him and he said that he's denying everything and then later admit it because he said he had no one no talk to and it just makes him feels ok to talk to strangers. But I'm not into his reasoning. So I'm looking for infidelity (adultery) here and his sexual orientation as well.

I'm not against any LGBT community I support them and don't mind. But as to my husband's case. This is utterly shocking on my part. To I know of, he is straight even before we met. I married him as a straight man so expect him to act like one.

Now I'm confused if he's bi curious or been bisexual althrough out our relationship and marriage. And in Canada, I know that divorce is pretty common. I told my husband that if he is incase bisexual or gay, he can just tell me and we can get divorce right now but he doesn't want to and want to make things work.

But then, I'm not so sure with his decisions so I'm setting up a contract between our marriage that if he ever commits any Adultery and Dual Deception (emotionally or sexually of being bisexual or gay)

I would like him to pay for the moral damages in our marriage because I'm willing to take the risks of being with him but then the emotions and mental pain it could possibly give me if he breach our contract.

I love my husband but lying and deceiving me isn't gonna work. He said he will sign it. He will.

I would like to seek a legal advice regarding this situation and what steps should I take in Canada in order to make this possible for our marriage.

Thank you
Topic:
Canada

Answer:
 >I would like him to pay for the moral damages

Doesn't matter. Courts aren't going to enforce punitive clauses with no valid purpose. Either get into counseling or file divorce. I'd strongly suggest doing one or the other ASAP given the short duration of the marriage.

I don't even understand how a court would assess "dual deception" or emotions as a condition of a contract.


Title: Is it legal for landlord to ask a termination fee when breaking a lease? Ontario, Canada

Question:
In my lease agreement the landlord writes that if I want to terminate the lease early, I have to pay a fee (and give written notice). I just want to double check if it's a general practice and that landlords do this.

Edit: thanks everyone for the reply. First time renting so I want to be sure of everything.

Answer: Yes that is very common. Answer #2: Yes, it is both legal and likely in your best interest - without this, you'd potentially be on the hook for the entire remaining period of the lease subject to your landlord's duty to mitigate. This means if you left seven months early, you'd be liable for the remaining seven months rent although the landlord would have to try to find a new tenant. If he did, you could stop paying.


Title: Slip and fall legal advice?

Question:
I'm very ignorant about these things so please be kind. I was eating at a restaurant, it was about 20 minutes after the doors had closed. I had nothing to drink and was wearing flat shoes. I was walking in a hallway towards the soft drink machine which is next to the open kitchen. The floor was smooth linoleum. The lights were darkened because it was after closing. As I was walking, I slipped on some water that was pooling in from the open kitchen into the hallway. I fell on my ankle. There was no wet floor sign and the staff had done nothing to clean the water up. The kitchen staff came out and said, "oh we didn't mop up the water were so sorry". They asked if I wanted to go to the hospital, I said no because I can't afford it. They asked me to write a statement, I wrote a statement exactly as i explained it above. I like ah idiot neglected to take photos because I assumed there was video. My ankle had been really hurting since then, but I'm extremely cheap and poor so I neglected to the go to the doctor until 5 days later where they took an X-ray. They said its not broken, but it's sprained and there is a bruise. They can't tell yet if there's a hairline fracture, but if it confines hurting to get another X-ray because it can take more than a week for it to show. Anyway, at this point, I called the company to get their insurance info and spoke to the adjuster on the case (who never called me I had to call her). She proceeds to tell me to send all my medical bills to her but then "warns" me that, a) there was no video of it because the rest has no video cameras (this is really odd to me in this day and age), that b) she doesn't believe slip and falls are ever 100 percent the restaurants fault and c) she doesn't really believe that there was water seeping out from the kitchen and asked me how I could not notice it, I said because it was dark and I don't look at the floor when I walk, I look ahead. She says, "that bullshit". I am not joking. I said to her, "if there was actual video, I wouldn't need to argue with you or prove what I'm saying because you'd see I was correct in my story". She then says she has to talk to the staff and get their side of the story, but she can't make a decision until I am done with all medical tests. I asked her how she can make an objective decision when a) she has already  told me she thinks my story is bullshit and b) she works for the company in question and it's ge said she said and there's no video and the staff can lie to save their asses. She says, "I had to pass tests to become an adjuster and I take my job and ethics seriously and staff can't lie to me." At this point, I don't believe a word she says and I am extremely offended by her calling my story bullshit when it's not and there's no video. I am beyond disgusted. My ankle is in a lot of pain and I am afraid to get any more medical attention for fear she will find in the restaurants favor and I will be financially responsible. Which I cannot afford at all.

Any advice on how to handle this and my rights?

Answer: The insurance adjuster has no duty to be nice or believe you (beyond investigating your claim). You may consider getting a referral from your local bar association for a personal injury attorney.


Title: A top 3 app in the playstore is using some of my profile pictures without permission. What can I do?

Question:
The app is a #top 3 app. This app is online for   3 years now. What can I do? I discoverd this myself.
Topic:
Intellectual Property

Answer:
 A DCMA will see it removed. As it's a top app, they probably made a lot of money. You should seek the advice of a copyright lawyer in your country to see if it's worth trying to recover damages.Answer #2: You're Dutch, which makes you an EU citizen, so they have royally screwed up. They've violated the GDPR by using a photo of you without your consent (assuming you don't use the app, but even then it's possible to argue that you did not consent to the use of your photo).

You can report this to the relevant Data Protection authority. [This link takes you to the website of the Netherlands'.](https://autoriteitpersoonsgegevens.nl/nl) They will investigate and take whatever action is appropriate per the GDPR. You may want to read up on the GDPR so you can reference specific sections in your complain, if you make one.Answer #3: Who took the photo? They own the copyright.

Otherwise contact a local IP attorney.


Title: Cited for "leaving the scene of an accident" after being rear ended despite both parties agreeing that there was not sufficient vehicular damage to exchange information or involve the police.

Question:
About a month ago I was driving home from work (Logan, Utah) and a teenager in a pickup truck pulled out of a parking lot in front of me. I swerved around him to avoid hitting him only to have him honk his horn and flip me off as I went by. I decided to brake check him and he rear ended me pretty hard. Obviously this was stupid of me and I regret it in hindsight.

Upon exiting our vehicles he was immediately belligerent and verbally abusive. Harsh words were exchanged but we both agreed that there was no significant damage to either vehicle. Since he refused to calm down and speak to me like an adult, and since there was no reason to exchange information or call the police, I got in my vehicle and drove home.

Later that afternoon a police officer showed up at my residence. Apparently the kid had called the cops and told them that I had cut him off and that I had made threats of violence towards him. I explained to the officer that this was simply not true - and that he had rear ended me. The officer believed me but still insisted on taking photos of my bumper and citing me for leaving the scene of an accident. (As an aside, the cop acted like he was doing me some huge favor by not impounding my vehicle - gee thanks.)

I figured I'd just pay the ticket over the phone and chalk it up to a shitty experience since I work several states over and was going to be gone during all possible court dates. I called the courthouse and was informed that this is not a possibility - in other words I have to appear in person regardless of whether I want to contest the ticket or pay it. Now I'm faced with buying an expensive 2 way plane ticket to fly home for a day just to appear in court and deal with a ticket that I feel was unnecessary in the first place - or face a warrant for my arrest. Meanwhile the teen who hit me gets off scot free with zero repercussion.

My 2 questions are:

1. Is there any way to avoid appearing in court? The plane ticket will cost more than the citation.

2. Assuming I do end up flying home and contesting this, is there anything I can say or do to increase my chances of avoiding the fine, or did I screw up royally by not calling the police at the time of the incident (I've never been in an accident before - I didn't realize that they had to be involved if neither party requested it).

This has really been stressing me out as money and time are tight enough as it is and I had a near flawless driving record up until this point. I realize I shouldn't have lost my temper and brake checked him but things really spiraled out of control from there. Any advice is much appreciated. Thanks.

Answer: Your best bet would be to hire a lawyer. They should be able to get it reduced or even dismissed. And, in some states, I think he might be able to represent you or get the court date moved to a day you will be in Answer #2: I'm assuming your citation was for [this](https://le.utah.gov/xcode/Title41/Chapter6A/41-6a-S401.html).  If so, then that's a misdemeanor offense - not exactly something you want to plead guilty to or pay over the phone, unless you like having a criminal record.


Title: Furniture on the street

Question:
So recently I found out a house with a for sale sign in front of it and a lot of furniture out front. I know the general idea is that furniture left on the sidewalk is unwanted and screams "take me" but I was wondering with the house being recently put up for sale (I'm assuming it foreclosed) is it legally ok to take that furniture?

Edit: In Pennsylvania

Answer: You might be able to legally, but honestly with the possibility of bed bugs, roaches, and fleas, I wouldn't take anything made of cloth.


Title: [CA] I'm 19, in the military, and my mom steals my money.

Question:
Sorry if I'm using this thread the wrong way, but I did not want to post this to /r/legaladvice because I don't know if I'm supposed to.

I joined the military to pay for my university and all my bills. I live with my parents and pay my phone, car, gas, college money, etc. I even pay for my phone plan and every new phone I have to get. My parents let me live with them while I take classes, and the only job I have is my low paying military job. I only joined in order to get the G.I. Bill. The only issue is that because all my money goes to school and bills, I have very few as an extra to save. I'm trying to save for an apartment so I can move out. The problem is that my mom steals about $500 per paycheck out of my personal bank account. She works at the bank and watches over my account, and ours are still linked. I am getting a Navy Federal account, but it is a long process, so not like they'll immediately just give me my account asap. I told my dad about this, but he said he's always going to side with my mom even when she's wrong. Does anyone have advice on what I can do?

Is what my mom is doing illegal? Especially due to me being in the military, which gives me a lot of rights.

Answer:
 If she's on the account then she can legally withdraw the money whether she works for the bank or not. I'm not sure what you mean by linked. If she isn't on the account and is using her authority to do unauthorized transactions then you have a bigger issue. You are free to open a new bank account at the same bank or different in the meantime which I'd suggest you do. Answer #2: Just FYI,  legal advice is for actual legal issues,  or advice,  like you're seeking.  Off-topic is more for hypotheticals and theoretical legal discussions.

I'd just echo that if her name's on the account,  it's fair game for her. If she's using abilities she has as an employee that's illegal.

The easiest remedy would be to get a new account at a different bank,  especially if a local branch is offering a promo,  unless you want to have a conversation with your mom,  but that would be uncomfortable at best. You may need her to sign off on closing the account,  so it may be easiest to withdraw as much as you can without incurring low balance fees that may or may not be in place.  As far as money she's already taken, it's a conversation with the police (if her name isn't on the account)  or a conversation with your mom (if her name is on the account) if you want to address that situation.

I would go ahead and post in legaladvice,  it seems there's always a lawyer or laymen that has insight into a posted issue.

Good luck,  sorry you've got to deal with that.


Title: My brother was just caught trespassing on private property. (MI)

Question: The situation started with the owner of the land my brother was on having his friend who's an attorney chase my brother and his friend down with his car?.. He almost hit them.. Then the cops came and hey found weed in his friend's backpack. So the situation got worse. My brother is 15 and his friend is 16. The attorney told them that there would be a trespassing petition. Can anyone tell me what they may be talking about? Or what charges he could face. There weren't any signs and they were just riding their bikes. The whole situation just seems unnecessary..

Answer: Yes it was unnecessary. Your brother should not have been on private property without permission.  At this point it's wait and see to see if he's charged with something.


Title: [Miami] Update - University staff entered into my apartment while I was away to leave letters.

Question:
Sorry in advance for the length. This is an update to [this post](https://www.reddit.com/r/legaladvice/comments/3hk240/miami_university_staff_entered_into_my_apartment/) about RAs entering into my apartment to leave me a letter introducing themselves. I actually kind of appreciate the gesture, but it's not in accordance with my housing agreement and I have an ax to grind with my school so I want to be the biggest asshole possible. I looked over my housing agreement and emailed several administrators responsible for overseeing these issues. I referenced my housing contract which includes the stipulation: *The University reserves the right to inspect rooms at any time. Such checks include but are not limited to those made to inspect for the presence of unauthorized persons, damages, verify residency, repair facilities, health and safety, and compliance with University and Department of Housing and Residential Life regulations as well as public laws.*

This was the most informative reply, from the Director of Residence Life:

"My staff member informed me that these were welcome letters from the RAs to all students residing in the UV. As I understand it, the letters were left in the common area of the apartment when neither you nor any of your apartment-mates were home/present while RAs were distributing the letters.  Had anyone been at home, of course the RAs would have simply handed it to a resident as well as be able to meet students face-to-face rather than simply leaving the letter on a table or counter.

Second, in regards to the language of the policy, I would focus on “inspecting” the rooms.  To be honest, that phrase could probably be rewritten as “enter” instead of the word “inspect” to help clarify the parts of housing policy and procedure at play here.  In other words, the first sentence would read, “The University reserves the right to enter rooms at any time,” which is 100% true.  As private property, authorized UM officials do indeed have this right and ability for reasonable causes and when directed to do so by appropriate officials (in this case, the RAs under the direction of their supervisor).  **I do agree with you that the RAs were not “inspecting;” rather, they were “entering.”**[emphasis added]  The policy is currently written with the word “inspect” as the vast majority of the time, unannounced room entries are made for the purpose of inspecting something – conditions, troubles, health and safety, etc. – but in rare instances, including this one concerning letters being dropped off, it is for another purpose (in this case, to welcome students to UV and also introduce the RAs to everyone).

Furthermore, no staff member, RAs or others, would enter an apartment without announcing themselves, and nobody enters without receiving approval from an authorized official in advance for a legitimate reason, unless it is an urgent emergency situation.  In this case, letters were left in the common area after the RAs knocked and received no answer from inside the apartment.  This is our procedure 100% of the time.  If noise is heard inside or students are clearly at home, staff will knock and announce multiple times that they are there until a student answers and opens the door on their own.  If by chance nobody had answered the door in this case (had you been home), the staff member would not have entered on their own as there was not reasonable cause present to do so to disturb someone in an occupied apartment to drop off a letter.  The difference lies in an occupied vs. unoccupied student room/apartment.  Only in an emergency or situation where it is reasonable for staff to conclude that someone is in danger or illegal/unauthorized activity is taking place would they enter even if the student did not answer the door.  Even in this scenario, the staff would still make multiple announcements of themselves being present before opening the door on their own accord, and student staff (RAs) are still required to also receive permission from a supervisor in this scenario."

He further informed me they'll likely change the language of the agreement for next year. But I signed the agreement that appears at the beginning of the post, allowing them to *inspect* at any time but not merely *enter* at any time. So I'm considering going to the police about what I think could be called breaking and entering or at least trespassing, and maybe small claims court. Any thoughts, advice, etc.? No need to tell me what a petty asshole I am, by the way. I already know.

Answer:
 >Any thoughts, advice, etc.?

Let it go already.  You made your point.  The police won't take this seriously, and you'll have identified yourself as a huge troublemaker and will have to live with that reputation for the year.Answer #2: If you spend as much time on your studies as you do on creating drama, you will be very successful in your academic career Answer #3: This is puerile.


Title: [California] Vroom.com: Sold a car, but haven't been paid yet

Question:
Vroom  initially offered to purchase my car in the amount of $500.00. I agreed  and sold my car to them. Both parties completed signing the contract on  5/24/19. The payment was supposed to be in the form of a check. On 5/25  they dispatched a towing company to come collect my car. Upon  retrieving my vehicle I was provided a bill of lading which I forwarded  to Vroom that same day. In the original contract it stated that upon  receiving my vehicle a check would be mailed out that same day if it was  within normal business hours. I called Vroom that very same day and  asked when the check would be mailed out. The acquisitions  representative stated that the check would be mailed out from 3-5 P.M.  CST via FedEx overnight. I have a FedEx account that notifies me when  any mail is inbound to me, but didn't see anything coming to me. On 5/26  I called again and asked why they hadn't mailed out the check. They  said there was an issue with their systems and that it was all fixed and  checks would be mailed out that day. Again, I did not receive any  notice from FedEx that it was sent that day. The following Monday I  called back and they asked the same thing. They said that there was an  issue with their systems and to wait until Friday and the check will be  sent out. On 5/3 at 10 A.M. CST I called and asked them if the check is  being mailed out today. They replied by saying that they have fixed the  issues with their systems and all checks would be mailed out that day  between 3-5 P.M. CST. I called back at 4:45 P.M. CST and asked if the  check had been mailed out and they said it wasn't. They said that at  that point it was too late to contact their accounting department and  that it should wait until next week on the following Monday.

&#x200B;

Guys, what recourse do I have here? Should I wait it out? Move forward with legal proceedings? Thanks.

Answer:
 > Both parties completed signing the contract on 5/24/19.

Do you mean 4/24/19?


Title: [NJ] Follow-up to a previous thread: Landlord is evicting me in December. I signed a lease with the "building manager" until next June. What are my options?

Question:
Previous thread - https://www.reddit.com/r/legaladvice/comments/57rgcd/nj_landlord_is_evicting_me_in_december_i_signed_a/

Hi everyone, thank you all for the responses from the previous thread. Unfortunately as it turns out, I had a fundamental misunderstanding of my living arrangements. I don't believe I have any tenant rights based on my understanding of the situation now, unless anybody can shed some light onto laws I am unaware of.

It turns out the "building manager" is NOT an agent set by the landlord. We'll call him Bob for simplicity's sake. Bob RENTS the house from the owner but DOES NOT LIVE in it. He has a month to month agreement with the owner. Instead of living in this apartment, he has instead chosen to rent out (sublet??? I guess??) the rooms in the house to my roommates and I. He does this because he charges a little more than the landlord does and keeps his cut. I subsequently have an agreement with Bob and not the landlord. The landlord is aware that Bob does not live in the house and instead rents the house to other people, but does not really get involved in the business of the house - he just gets paid every month and that's it.

Basically I believe I was misled when I signed the lease with this guy. I thought this guy acted as a "building manager" or agent or SOMETHING of the landlord. Not just a guy subletting his lease of the house. In the lease agreement I signed, it clearly says within the first paragraph setting that "The Landlord will be referred to in this Lease Agreement as Landlord: Bob."

When I spoke to him on Sunday and got a better understanding of my situation, I realized he has no malicious intent. But choosing to sign a one-year lease when he KNOWINGLY was in a position where he could possibly not fulfill his end is purposely negligent. He happens to live in a house owned by the same landlord (that is not getting sold), and offered me to live in a spare room for a significantly reduced rent. But at this point I don't want anything to do with him.

At this point I'm completely lost as to what my rights are. Is this a valid contract at all? If so then it looks like Bob is breaking the contract and the landlord has not liable for anything because he was unaware that there was any lease agreement. If I don't have any tenant rights in this situation then I guess my only recourse is to file a civil suit against Bob? This is not really my intent because I just want to live problem-free, but this whole situation has troubled me so much I can't rule out suing Bob.

Thanks again to everyone for reading this. I appreciate any insight, legal or just life advice that you can provide.

Answer:
 NAL but real estate professional (and, I'm not in NJ). But NJ is a very tenant-friendly state, as far as those things go.

I think I'd tell them both, I have a lease, I'm not leaving until it's up, voluntarily. If you want me to leave sooner, you'll have to take me to court and evict, and we'll let the judge decide if this lease is valid or not. Or we can negotiate an early mutual termination for a fee. And then think about what that should be. You said you're really busy. Can you hire a realtor to find you a new apartment, and hire movers? Something like that where you don't have to invest time or money.

I can easily envision a scenario where the judge upholds your lease and tells Bob and the owner they screwed up and tough shit. Just make sure if you get served with papers you show up in court. This is a BIT risky because if you lose and have an eviction on your record some landlords won't want to rent to you. It would probably be a risk I'd take but I can certainly see it might not be worth the hassle in the big scheme of life, if I can find another place. Answer #2: Sounds like fantasy on their part. If Bob was finding tenants, leasing the property to them, and sending the rent on to the LL, and the LL KNEW this was the arrangement, it seems to me that you're their tenant.

Explain to them that they will need to honor their lease, or offer to have them buy you out (I recommend this, you don't want to be renting from unscrupulae like them). If it goes south, sue both of them.


Title: I am a 19 years old from NH and would like to know the legality of dating a 16 year old.

Question:
I am currently in college and she is in high school. Is it legal for us to date? if not when would it become legal? If dating is legal, is sex legal as well?
Topic:
Juvenile and Youth Law

Answer:
 >  The legal age of consent in New Hampshire is 16.

[Source](http://www.doj.nh.gov/criminal/victim-assistance/documents/sexual-assault-protocol.pdf) Page 11.

Also note, that while you are allowed to have sex with her, do not record her in any manner.  It would be child porn.


Title: [Parental rights, NH] What's the first step to take in order to terminate a parents rights?

Question:
Hello! I'm a 17 year old female, in the State of New Hampshire.

So, my step mother, my father, and I have all talked about terminating my birth mothers rights due to her lack of being a mother. We were wondering, what's the first step we take to get her rights terminated?

My birth mother left when I was about 3-4 weeks old, and I've never really heard from her, I haven't seen her in god knows how long. The last time I saw her, my biological brother and sister were with me, we spent the weekend at her house. While we were there, she lied to us about out dad and how our step mother is a "crazy loon" and "is brainwashing us", etc. etc. That built a huge wall between us kids, and our step mother and our dad. That caused a huge emotional wreck when we got back home. Lots of screaming, crying, doors slamming, etc.

All in all, these are the factors that allow me to get my birth mothers rights terminated. She had:

abandoned us, neglected us, she is VERY unfit to be a parent, when we're with her there is a huge chance of there being emotional pain caused from them telling us false information regarding our other parents, and she made very minimal effort to care for us and to keep in contact with us.

So, I have a very valid reason to terminate her rights (there's other factors that take part in this but are to personal to say)

Thank you!
Topic:
Custody Divorce and Family

Answer: If you're really already 17, just wait the few months and you can easily fill out some forms at the courthouse for an adult adoption and your stepmother, if she so chooses, can easily adopt you. You'll get a new birth certificate and it will be way less expensive than possibly engaging in a contested birth parent right termination and step parent adoption.


Title: Brother received $10,000 judgement, what happens if he doesn't pay? He has no assets and no income. We live in Virginia.

Question: My brother's car was repossessed and the car dealership took him to court for the difference of what he owed/what the car sold for at auction. With attorney's fees (my brother decided to try and fight it because he's an idiot) it came out to $10,000. My brother lost (obviously) and the court has ordered him to pay the $10,000. What happens if my brother doesn't pay? He owns no property (he's a college student/lives with my dad). His car has a lien on it (my dad). He doesn't have a job. He has no money in his American bank accounts (he has about $12,000 in a Swedish bank account though, but he's not telling anyone about that). Will the judgement expire after X number of years? If so, how long until it expires? How will they get money from him "if he doesn't have it"? Will they sit and wait until he graduates college and gets a job and then garnish his wages? Also, will the dealership settle with him for like, 1/3 of what he owes, if he promised to pay them immediately? We live in Virginia. Thanks!

Answer:
 > Will they sit and wait until he graduates college and gets a job and then garnish his wages?

Yup!

> Also, will the dealership settle with him for like, 1/3 of what he owes, if he promised to pay them immediately?

Maybe. He can ask.

>  (he has about $12,000 in a Swedish bank account though, but he's not telling anyone about that)

LOL.


Title: Military Police came in to and searched our house while we were not there. [New York]

Question: [deleted]

Answer:
 The rules on a military base are radically different than the rules in civilian life.  So yes, they can come in, and [search without any issues](https://www.flexyourrights.org/faqs/does-the-constitution-apply-to-rights-of-military-members/).

Also, you may say you love your dogs, but what you did was bullshit.  You need pull your head out of your ass, and acknowledge that what you did was not OK.  Next time, get a friend to take your dogs, and shell out for a dog hotel don't just stake them outside for the whole day.

Sounds like you've got a serious problem, given the booze in barracks for an underage member of the military, and the staking the dogs outside.

If you were civilian I would say call a lawyer now.  Given that you're in the military, I'm not sure what to say. Answer #2: On most bases I've lived on, the actual written rules are something like "dogs may be outside for 20 minutes unsupervised at a time" or something insane. They write very restrictive rules so that they have clear right to intervene in cases like yours. Your backyard was fenced, how did anybody know they were back there alone all day? I'll tell you. They were barking their damned heads off. How do you know they didn't knock their water over 2 minutes after you left?

What happend now depends entirely on how cranky your husband's 1st SGT is. It could completely slide, it could be a counseling, it could be an Article 15. It's unlikely to be a complete diacharge, but with the Army climate right now and trying to reduce force in target areas, you'd be wise to start walking the straight and narrow.


Title: FOIA request for Army court records?

Question:
An ex, who I dated off and on through highschool and beyond (for about 7 years) and who I was engaged to at one point was abusive- in every way. After I finally managed to break up with him for good, he remained close friends with my family, who were clueless.

Four-ish years ago, he went to jail for abusing his daughter & was discharged from the military. None of my family believe he is guilty, and my mother wrote the court as a character witness for him. He has since died. I had considered making a FOIA request for the court records when (or shortly after) he was being investigated/going to court, but I got overwhelmed with the process and never did. Since his death, I find myself thinking about it again.  However, I don’t know that my request would even be considered, let alone granted. I feel like I need to know what happened, to really know whether it was true. I would be able to tell from the court documents. I just don’t know how to go about getting the information needed to even make the request (according to a couple military sites I read, I have to include rank, specific dates, etc.). If I do find a way to get the information, I don't know that it would matter: I saw that 'the courts' are excluded from FOIA, but I'm unsure how much that applies in this case, especially since places like JAG have a FOIA office and published ways to submit requests for such documents.
I know it’s probably not a typical topic, but does anyone have any advice on how to go about this and whether it is worth my time, or if I'm thinking about putting a lot of time and effort into something that would be dismissed out of hand?

(This is a federal thing, not state-specific, so I'm not including any of the states the various people lived in...)

Answer:
 > whether it is worth my time

It's not.  Most court records are public records, but I'm not sure if military proceedings are.  It sounds like you're obsessing about this, and you need to put this guy behind you and move on.  You already know that he went to jail for this, so you know he was found guilty of whatever it is he was charged with.  Therapy will help you let it go far more than seeing the court records will.


Title: A woman expects me to pay for the outstanding tickets on a car i don't own

Question: When I was 18 a lady scammed me into buying a Jeep that broke down right after I got it home, so obviously I sold it to the first person to take it off my hands. 4 years later she contacts me and claims I am responsible for $600 in parking tickets because she left the plates on the car I owned for less than a month and never registered. She wants to take me to court over it. I don't have $20 let alone $600. Is it my responsibility to pay for tickets on a licence plate I wasn't supposed to get to begin with?

Answer:
 Well, if you didn't receive the title she screwed up.

If you didn't register the car you purchased and get new plates you screwed up.

She also screwed up by not taking her plates.

Depending on your location and the exact events you both have screwed up to the tune of probably substantially larger fines for title jumping or other issues.Answer #2: Why didn't you re-register the car, as you are legally obligated to do (in pretty much every jurisdiction in the US) before selling it?Answer #3: It depends on which state you're in.  Most hold that liability for parking tickets/tolls goes with the title, which you don't appear to have ever actually gotten.


Title: Denying in-state resident tuition despite being a permanent resident

Question:
I was an international student in college with an F-1 visa. After graduating with my Bachelor’s degree I was working full-time in Minnesota under OPT for a full year, then enrolled in grad school in Minnesota as an F-1 again. I recently became a US permanent resident and I immediately applied for MN residency in order to get in-state tuition. Here is the definition of resident status as taken from my school’s website:

“Resident status is granted to students who: • Are permanently residing in Minnesota; and • Have been continuously present in the state of Minnesota for at least one calendar year prior to the first day of class attendance at the University. During that one year period, the student must not have attended any other Minnesota post-secondary educational institutions.”

Believing that I satisfy both of those 2 conditions now, I applied but was denied residency status on the basis that my 1-year period of living in MN was under a student visa, which is a non-immigrant visa. However, over a year ago I met with a financial counselor at my school and she told me that I would be qualified for resident status immediately when I get a green card since the 2nd condition does not say that I need to be a permanent resident, but I just need to be present in MN during the 1 year period. Now I try to find that same counselor but apparently she’s retired from the university. I'm very shattered since I chose to attend grad school MN mainly because I thought I would be qualified for in-state tuition as soon as I get my green card. What should I do in this situation? Thank you very much in advance.

Answer:
 > I chose to attend grad school MN mainly because I thought I would be qualified for in-state tuition as soon as I get my green card.

Welcome to the immigration law party. Both my brother and I got shafted by this rule too. It's more common than you think. Pro tip when it comes to immigration law: never ever assume anything and run 100% of decisions by your immigration lawyer.