Title: Advice Please: It's Been 11 Days Since Court Order for Payment; Still No Payment. What Now?

Question:
**Location: Kentucky**

**Tl;dr:** My husband and I took our former landlady to court for not paying us back our deposit. Court ordered that she pay. It's been 11 days (this includes weekends and the holiday) since the filing and she still has not met/communicated with us. How do we proceed? How do I go about garnishments, specifically?

So my former landlady has been withholding our security deposit since we moved out of her apartment July 23. We gave a 30 day notice via voicemail on July 5, followed by confirmation of said notice via email 2 days later. It was the end of August when I updated her via phone call with our forwarding address. She proceeded to tell me that because the apartment had not been cleaned well (did the best we could, given we were not allowed to stay to our 30 days because "she doesn't pro-rate her rent due, so be out by your due date"). Husband roped me into agreeing that we (by we I mean ME) would clean the apartment to her satisfaction (i.e. a list she wrote down, some of which things had already been done, such as the shampooing of the carpets). This was done on September 1. Did not hear from landlady since the roping into cleaning conversation.

Sent a letter of Request for Return of Security Deposit (format based on a Mass. letter I found online) and sent it via certified mail. It was never received by her because either she refused to sign or was conveniently never home when they tried to deliver it. During the time the letter was attempting to reach her, my husband called her to propose meeting with us to give us the deposit. She said "give me a couple of days, I have to go over the water bills."

Now the water bills were, understandably on her part, not been paid by us. Mainly it was because I didn't feel comfortable depositing checks directly into her bank account any longer, and figured she could just take it out of the deposit. I called the water company to determine what that amount was (for my request letter), and they informed me that the ENTIRE BUILDING WAS ON ONE WATER METER. The building had 3 apartments, 2 of which had been occupied in that time frame. The landlady's name was on the bill, and so I wasn't allowed to have copies.

Filed for the small claims court date on October 4. I called her almost every single day to let her know I was in town (we had since moved out of town, about a half hour away) and that if she didn't want to go to court I suggested she meet with me to give us our money back. She would not respond. Thus the filing. Never heard from her until court date. I emailed her 4 days beforehand reminding her of our time, because I had a feeling she wouldn't have shown up because she "didn't receive the summons." Sure enough she called right after my email to the clerk who she personally knows, and tried to have an argument about that.

**The Court Date November 16**

We show up (landlady and I) and I present the case, stating we've had multiple attempts to try to settle this out of court but she has refused to speak or meet with us. When they asked why I was asking for the whole amount now rather than the difference from the water bills owed, I tried to list Kentucky State Law at K.R.S. under § 383.580, where it states the landlord can't withhold any of the deposit if the money is not placed in a separate account and the tenant is notified of this. According to that particular judge, the city/county I had filed in DOES NOT FOLLOW that particular statute. Only Louisville and Lexington. I call bullshit, but whatever.

So now we're disputing the difference. And it's landlady's turn. She proceeds to play my voicemail on October 4, calling it threatening and "you do not threaten someone with court."

>Judge: "Well this court doesn't recognize the mentioning of court as a threat. She's just trying to get her money back and you're withholding it, and we're going to find out why."

>Landlady: "And here's this *threatening* email this week about the court date. I didn't receive any kind of notice."

>Me: "It was sent via certified mail." [To be fair, I should have paid to have the sheriff go and personally serve the summons, but I wasn't about to shell out $100 and her not be there to receive them]

>Judge: "Well I see nothing threatening about this email, it looks like she's reminding you of today, and clearly it worked since you're here."

Now Landlady is in a huff. She shows pictures of the state of the apartment when we first moved out and the lease (glad she had it because I didn't, to be honest, I threw everything away when we were rushing to move out) to the judge. The judge wonders aloud if she expects everyone who moves out of her apartments to pay her $80 for her to just walk around to see what's not cleaned. She stumbled over her words.

>Judge: "Did you bring anyone in to clean it?"

>Landlady: "Well no."

>Judge: "Have you rented this apartment knowing its condition?"

>Landlady: "Well I've shown it and let them know that when I get a chance it will get cleaned."

>Judge: "But you didn't clean it. They [us] did. They did what they were supposed to do in order to get their deposit back."

>Landlady: "Well now that was after 6 weeks of their initial move out. And they didn't give me proper notice."

I procured the email, highlighted with the section stating that "we stand by our voicemail on the 5th stating that it is our 30-day notice" and her response, proof that she saw that email. I had then told the judge that we had not seen Landlady since June (this was November by this point) and Landlady gave me the dirtiest look. Like how dare you!

In the end, the judge ordered her to pay us the difference of the deposit minus the water bills (I agreed to half the bill, for 2 months, and late fees for each bill even though the judge was reluctant to give that to Landlady because she had paid the bill on time since it was in her name) and the court fees. We (husband and I) emailed her last Sunday letting her know we were available to meet before the holiday.

No response. Big surprise.

I'm emailing her again today, but I wanted some advice on how best to approach the garnishing of wages/bank accounts since they (landlady and her husband) are technically retired. I can understand if they don't HAVE the money to pay, but that's not my fault. It's not right to expect my husband and I to take this lying down just because they're older and they feel they don't need to have communication with us. We need that money for bills, and was hoping to use a little for our anniversary, so the sooner the better, for the both of us.

Any and all advice appreciated! I'm doing email correspondence from now on since I learned my lesson, in her trying to turn the 30 day notice into something not written down. I know where she lives so I thought about showing up with the sheriff but didn't know if that was too drastic.

Answer:
 11 days? Heck, there are people I've been trying to collect from for 3-4 years. [Here are some tips.](https://www.nolo.com/legal-encyclopedia/can-you-collect-judgment-29546.html)Answer #2: 11... DAYS?

Well... More like 5 business days.

Some people wait 11 years and even longer to collect a judgement.

In many cases, it's harder to collect a judgement than win one.

Wait AT LEAST 30 days before thinking that you need to take additional action.Answer #3: It's very unlikely the judgment is final yet.  You'll have to do some research on KY small claims.

You also can't just show up somewhere with a court order waving a judgment.  You likely need additional court orders and to comply with service and hearing requirements.  Again, you'll need to research how to collect a judgment in KY.

Also, just so you know, that post is 99 percent too long.  "Got a judgment in small claims against my landlord on November 16.  When and how do I go about collecting it?"  would have been most of the information needed.


Title: Can I sue my employer for withholding tips from me?

Question:
She has a “system” somehow where she determines the % of Work we’re doing and gives us tips accordingly. i.e. 70% work (job poorly done) = 70% of the tips you were originally entitled to. (I’m a server in Arizona if that helps).
Topic:
Employment Law

Answer:
 Is she taking the difference for the business/herself or distributing it back into a tip pool for other front of the house staff?

The former is illegal, the latter is legal as long as not discriminating against you for race or religion.Answer #2: Direct from the department of labor
https://www.dol.gov/whd/regs/compliance/hrg.htm#3

Tipped Employees
Tipped employees are individuals engaged in occupations in which they customarily and regularly receive more than $30 a month in tips. The employer may consider tips as part of wages, but the employer must pay at least $2.13 an hour in direct wages.

The employer who elects to use the tip credit provision must inform the employee in advance and must be able to show that the employee receives at least the applicable minimum wage (see above) when direct wages and the tip credit allowance are combined. If an employee’s tips combined with the employer’s direct wages of at least $2.13 an hour do not equal the minimum hourly wage, the employer must make up the difference. Also, employees must retain all of their tips, except to the extent that they participate in a valid tip pooling or sharing arrangement


Title: [Virginia] Father is going to claim my little brother on his taxes even though he has lived with me this year.

Question:
So just to start 2015 my older brother (25) had my younger brother (16) move into his house to live with him. My older brother then tried to claim my younger brother on his taxes but found out that our father had already done so even though our younger brother had not been in the same room with our father nor had received any sort of child support. Our tax guy told him the only thing he could do was take him to court and he decided against it.

This year our younger brother has moved in with me (24) and still our father has not seen him or given any sort of child support. I need his deduction to get a bigger tax return so I have down payment money for a house. Is there anything I can do to stop our father from claiming him or do I just have to sue him?

Answer:
 File before he does.  If you cannot file first, the IRS will kick it back.  Then you can prove you deserve the deduction.  There is no “suing him” for this.Answer #2: Your "tax guy" doesn't sound like he knows what he's talking about. If your father took the child credit and filed before you the IRS will not allow you to file your taxes online. However, you can still file *with* the child credit via a paper tax return. At that point the IRS is going to send you a questionnaire asking you some questions as to why you took the credit. If you answer honestly and show that your brother is a minor and you're providing the majority of his housing and support you get the tax credit. The IRS then goes after your father on their own to get their money back.

TL;DR - File your taxes ASAP to get the paperwork in before your father. If he manages to file first and took the child credit then you have to do a paper file.


Title: My boss may be changing my time card to keep within budget.

Question: Hi, I work for a relatively big valet company and myself and well as other employees have noticed that our hours worked on our pay stubs are less that the amount we've actually worked. This has been on a ongoing issue for a few months now and I've only just noticed. Is there any legal action we or I could take as we are essentially not being paid yet still working? I am located in Michigan.

Answer: File a wage claim with the [State of Michigan](http://www.michigan.gov/lara/0,4601,7-154-11407_32352-39617--,00.html)


Title: Employer embezzled funds. I won the case and now I can’t find her?!

Question:
This happened about 3 years ago. I’m based in Canberra, Australia.

I was working for an employer who I was subcontracting for. Through a few months of not getting paid (I just like working and didn’t want to make accusations so I worked for longer than I should have) I chased her up and she said due to her divorce she messed up the funds but she’d pay me “soon”.

After we made a written agreement that she immediately broke and stole MORE of my money I resigned and began proceedings for small claims. I won and got a document saying she owed me around $3,000 and legal fees.

Problem is since my win she has moved to Queensland and I can’t find her. I have her on Facebook but have been advised not to talk to her, not that she’d give me her address anyway.

It’s been 3 years since I’ve won. I had a dog that I couldn’t pay for when she needed hip surgery because of this. I can’t find her, I can’t get my money because I need to file in her area and I have no idea where that is.

What can I do to proceed here? It’s not even that the money would be useful (obviously a few thousand dollars is always useful) it’s the principle.
I’ve seen her move on, get remarried, have some more kids, completely happy to have gotten away with embezzlement.

How can I get my darn pay??
Topic:
Small Claims Procedure

Answer:
 NAL

You shouldn’t need to file in her area, if you already have a judgement, you just need to initiate an Enforcement of Judgement. The court can subpoena her to present herself and will require she either make the payment in full, or be subject to alternatives such as assets seizures or wage garnishment.

[Here](https://www.gotocourt.com.au/civil-law/act/debt-recovery/) is some general information.

Contact [ACAT](https://www.acat.act.gov.au) for Information on how to initiate the process.Answer #2: r/Auslegal


Title: My girlfriend is a victim of Fake IRS Scam and out $11k

Question:
TEXAS

This just happened so im kind of dazed, lost, upset and angry.

My g/f and I live together but for this week i am away out of town on a business trip. My g/f just called me to tell me that the "IRS" called her and threaten to arrest her for ignoring 2 previous IRS warning mail that she ignored. They told her that they had a warrant for her arrest and that sending local police to get her unless she paid. She was suspicious but at the same time panicked when "911" called her to back up what the "IRS" was saying and that if she didnt pay the money that she would be arrested.

They also threatened for her not to hang up or the consquences would be worse and so she stayed on the phone with them. They told her that they would call off the warrant/arrest if she was able to may a payment to them. They made her go to the bank to get cash and use the cash to buy gift-cards and such worth close to $11k and reminded her that she had to stay on the phone with them or else the deal was off. Being the semi gullible person she was she did what they said in fear. She called me right after crying and when she told me the story **I WAS LIVID.**

I knew right away that she was just a victim of scam because of many reasons such as the IRS would not call you to demand moeny, nor would the issue a warrant, nor would "911" call you (911 is obviously phising to convince someone who is easily tricked). Also she told me the "IRS Operator" had a indian accent.

Since im out of town i told her to call her Parents ASAP for a lawyer and file a police report. Im so angry because this wouldnt have happened if she knew a little better or if I was home with her. It sucks even more because that she was laid off a couple of months ago so the money she gave was from what she been saving for years.

IDK what to do now.. i think the situation is bleak because 1. she paid with cash, 2. used the cash to buy gift cards 3. Did it over the phone.

Advice reddit?

Answer: I'm calling bullshit, just because the amount should have raised red flags at the bank and the store that sold the gift cards. I wouldn't be shocked to learn that your GF cleaned out a joint bank account and plans to break up with youAnswer #2: I couldn't be with someone that stupid.  You aren't going to get your money back.  It's gone. 911 called her back?  Really?  Because 911 works with the IRS to collect taxes now?  If you need to babysit an adult to keep her from getting scammed, you have bigger problems.Answer #3: The money is gone. The scammers are somewhere well outside US jurisdiction. She is never getting the money back.


Title: Urgent care misdiagnosed me, and now I will be getting a bill in the mail [NJ]

Question:
Last week (Thursday) I went to an urgent care office after work due to a medical issue I was having. My primary care physicians office was closed already, plus I recently moved 40 minutes away from her office.

The urgent care doctor spent about 4 seconds checking the issue, and spat out a diagnosis that didn’t make much sense since I was not experiencing any of the other symptoms he stated. When I told him that, he brushed me off basically saying it is what it is and left the room. I am no exaggerating when I say he was in the room for less than 3 minutes. I decided to give him the benefit of the doubt and went to the pharmacy to pick up the rx he called in for me.

I took the medicine as prescribed but I was still skeptical since I had NONE of the symptoms associated with his diagnosis. By Saturday morning (less than 2 days later) I was feeling worse. I knew I needed to see a real doctor and was lucky enough to get a last minute Saturday appointment with a specialist (ENT doc).

The ENT confirmed that the urgent care doctor was absolutely wrong, and gave me a totally different diagnosis that matched every symptom and made much more sense. It’s been almost a week and I’m feeling much better now after taking the different medicine prescribed by the ENT and following his instructions.

Out of curiosity I checked my insurance account online to see if the urgent care had filed a claim and they had. The Explanation Of Benefits show that I owe a small balance (a bit less than $100). I expect I will be getting a bill in the mail shortly. I also saw a claim from the ENT which I will be billed for as well.

I’m wondering if there is a legal way I can tell the urgent care office that I will not be paying the bill. The amount is small, and I wouldn’t be interested in making a big fight about it, but as I mentioned above, I just moved recently which was expensive and money is very tight at the moment.

I kind of feel taken advantage of here. I know it was my choice to go there, but I feel bitter about having to pay any money to a doctor that would not even take the time to listen to me when I voiced my concerns about his diagnosis. And the office was already paid by my insurance company so it’s not like they saw me for free.

If there was any legal way someone could inform me of that I can decline to pay their bill I would love to hear it.

Answer: You can call, explain the situation, and ask to have the bill adjusted.  But you pay for the visit, not the diagnosis, so you owe what you owe.  If you refuse to pay, it will go to collections and you will get your credit dinged over $100.  Not worth it.


Title: Girls parents

Question: I went to see my girlfriend in another state and we had intercourse. Her parents found out and might press charges even though we both consented to it.  I am worried something could happen I am 18 she is 16.

Answer:
 >this was in kansas by the way.

From OP's deleted comment. You mean she lives in Kansas right?

In Kansas the age of consent is 16 so there is no issue of statutory rape. I don't know what/if any additional issue you travelling across state lines to meet up with her could cause.


Title: Typical Girlfriend being too nice

Question:
Hello all NY, USA

So long story short when ex boyfriend and I weren’t together, but still friends, I helped him buy a car because his credit was shitty. The car was under my name, the insurance under his. He took the car missed the first three payments of the insurance, the car and put over $1000 worth of tickets and went on a vacation. So I kept getting calls from the insurance company and eventually had to pay it because I couldn’t get a hold of him. He also took my ez pass and racked up $3k dollars on it. After doing this for several months I decided I had to get the car back because he was going to screw up my credit. He agreed to turn in the car or try and find a way so I didn’t end up with two cars. Well he didn’t and I ended up with two cars one which I had to sell and take out a loan for the rest of the amount (since it wasn’t worth the amount I owed in it) and he delivered the car damaged so i eventually have to pay this cost when I return the car (it’s a lease). There’s much more to the story I’m willing to answer if there are questions, but do I have any legal right to sue him for all or any of this? If so how? Please help because between everything I’m looking at over 10kbof money being thrown away from this useless relationship.

Answer:
 Of course you can sue. And likely win.

But collecting.... If he has bad credit and a ton of debt he is unlikely be able to pay. Unless he has a steady job and you can garnish his wages, you likely won't get your money back


Title: (UK) I am producing an independent film shoot and I plan on brining 10 or so American cast and crew members over to the UK for a couple weeks. If all the Americans are paid in the US by an American company- and they receive no payments via the UK- do we still need UK work visas?

Answer:
 Yes, and local permits. And insurance.

Here's a good primer:
http://filmlondon.org.uk/legal

But aside from that, you'll need work visas.


Title: Utah - what are my legal protections regarding being required to clean Hep C infected items. Can my employer force me to do this?

Question:
I'm a social worker in Utah. I work in a residential setting. This weekend I was ordered into an apartment to clean, as the clients apartment was truly disgusting and the city has threatened to condemn it. This client has hepatitis C and within her apartment laying about was vomit, feces, used tampons. It is well documented that she has been diagnosed with Hep C and is well known that her apartment almost always has vomit and feces on multiple surfaces.

For personal protection I had exam gloves and a simple mask. The only cleaning supplies available was some Lysol spray, dish soap, and paper towels I took out of our staff bathroom.

The apartment is so disgusting that an outside cleaning company refused to service it.

Do I have any protections under OSHA? What are my rights in this situation?

Answer:
 >Do I have any protections under OSHA? What are my rights in this situation?

 [Ask them](https://www.osha.gov/SLTC/hazardouswaste/)
:

> OSHA can help answer questions or concerns from employers and workers. To reach your regional or area OSHA office, go to the OSHA Offices by State webpage or call 1-800-321-OSHA (6742).

 ASAP, this is disgusting and I'm upset for you. Let me know what they say.


Title: [NY] Recourse for discrimination in the workplace

Question:
I'm writing a fictional story about a gay couple in the early 2000s. One character mentions that he has a boyfriend to his manager. The next day he is let go due to "incompatibility with company values".

In the early 2000s, there was little to no protection for employees who were let go due to their sexual orientation and the attitude towards gay people was very different. He has proof he was let go due to his orientation and would mention when potential employers check references. With a good lawyer, would he have a case for wrongful termination or defamation? Most of the stuff I can find pertains to modern day.

If it matters, this takes place in New York City. My character worked for a Fiction 500 company as a lawyer.

AGAIN NOTE THAT THIS IS FICTIONAL!

Answer:
 >  With a good lawyer, would he have a case for wrongful termination or defamation?

Likely neither.

First, it's not defamatory to call someone gay when they are, in fact, gay.  Truth is an absolute defense to defamation.

Second, until or unless sexuality is defined as a protected class, it's not legally discriminatory to fire someone for it.  You can't sue for wrongful termination unless the reason for your firing is **legally** wrong.  If sexual orientation is not a protected class in the timeframe of your story, it would not be a wrongful termination.

He could, of course, file the suit and argue that it is legally discriminatory.  That would be a pretty good story in and of itself.


Title: Can the city force me to give an easement to a cell phone company?

Question: [removed]

Answer:
 > The agent says there's no existing easement.

You can verify this by looking at the plat map.

> Since I'd be paying for every square foot of land, I don't see any reason to provide a nice free dirt road running across the back of my backyard for a cell company that couldn't possibly care less about me in return.

I understand you thinking this way, but Power Companies, Cell Companies, etc. need access to easements for pipes, etc. It's critical infrastructure in the US.
>
> Can I erect a fence (with gates) around the property, with signs saying "FOR ACCESS CALL ________" as well as trying to reach out to the cell company to work out a deal where they pay me some small amount per month? It would not be cheap for them to bypass me and carve another dirt road just behind this property in order to drive around "my" yard, because there's a hill there that they'd have to cut into the side of.

If there is an easement on your land, then NO you absolutely cannot restrict access. And no, if there is an easement, they  have likely purchased it from the prior owner and will certainly not pay you.

You need to verify this with the County to see if the easement is on the plat map.


Title: Terminated as an at-will employee, never received official contract to begin work in the first place. Do I have a case? (NY)

Question:
Some background, I was hired through a career center at the school I attended. After the initial interview, I was told to come back to discuss details and found out I was hired; there was no discussion of my duties or what my wage would be.

I was started off at 10/hour when people in my profession start off at 12/hour minimum. When I discovered my starting wage, I let my boss know that I did not know it would be 10 dollars and that I would not have taken the job due to the fact that I had another job offer at 12/hour. Upon mentioning this, my boss raised my wage to 12.50. (Does this count as a raise when I wasn't even told of my beginning wage?)

When I started work, they asked me to train other employees to understand the things I learned while going to school. Three to four weeks into my lovely new job, the company had required me to do a more specialists work instead of data entry which was the initial position. They required me to also handle communications with clients. That's fine, I'm trying to work hard and bring the company up to date while building positive relationships with clients. But because I was doing advanced work (analysis), I asked for a raise. My peers in this field (with experience) were making up to 30/hour. I asked for 18.

When I asked for the increase in wage, my employer told me that he would have to see the results of the work I have been doing, waiting to see how much I can earn the business on a monthly basis. I was told that they understood where I was coming from and that they "wouldn't have respected me if I didn't value my own worth." Very confusing as I was getting compliments left and right about how they planned on making me the head of my department and how comfortable my employer was with me. I also received other job offers while working with this employer but was told not to pursue.

But a month before I was fired, they hired another employee who was quickly taking over the duties I was originally assigned. This demotivated me and I will admit that I slacked off a bit. I made a mistake with labeling documents as complete when there were a few files undone. This mistake was found out on Friday & that Monday when I went into work, I was already deleted from the log-in system, no chance to explain.

My issue here is, how can I prove I was taken advantage of at the workplace when it looks like I never even worked there?

Also, I left belongings behind that were thrown away including an art piece. I need justice, r/legaladvice. Any advice is so very much appreciated!

Edit: Thank you all so kindly for your responses. I was just trying to look at all my options due to the fact that I felt (key word felt) taken advantage of.

I understand now that it was just a shitty job experience.
I made mistakes that I learned from; not talking wages at interview, slack off even one file, passing on my knowledge to other employees, and most importantly, taking verbal promises seriously.
Topic:
Labor Law

Answer:
 It's adorable how entitled you are.

No, you do not have a case.

Stop being a bad employee and you'll probably find life to be easier. Answer #2: > how can I prove I was taken advantage of at the workplace

You weren't. You were asked to do a job, slacked off and got replaced by someone else. Answer #3: There's nothing illegal here. It might be shitty but it's not out of the ordinary, let alone illegal. You accepted a job without discussing pay, that's just not a good idea. They treated you well enough to give you a raise. Sometime down the road, you started slacking off and got fired. That's what happens.

Also, what do you mean it looks like you never worked there? You don't have paystubs? You usually don't get contracts for at-will employment.Answer #4: You weren't taken advantage of, and you have no case here aside from *maybe* the value of the belongings you left behind. Even that is a long shot though, and probably not worth pursuing.

Move on and find another job.


Title: Tenant won’t leave our House

Question: Hey guys, I’m a current 15 year old, and a resident of Virginia. My family has been renting our basement for as long as I can remember (Without a lease), and we haven’t ran into any problems until now. The problem is our most recent rent has stopped paying rent for about 2 months, and we want him to leave. The rent is no lease, meaning that monthly payment was agreed orally, and there is no written agreement. We’ve been trying for a long time.  How can we get him out?

Answer: Whether there is a lease or not, you still need to formally evict someone. All the steps are the same, you’ll need to give notices and period times before cordially serving him with eviction papers from a cop


Title: Bought a car with a clean CARFAX, 1 year later there is an accident on my CARFAX report.

Question:
I bought the car in September of last year with a clean CARFAX report. Roughly a $14,000 car. I went to trade it in with its supposed value of $12,500 (KBB) and they offered me a $8,800 value since the car was apparently in an accident about a month before I bought it. This information was applied to the report well after I purchased the car and basically devalued my car by \~$3,700 within a few weeks of my purchase. Is this something that I should pursue? Is there really anything I can do about it if the CARFAX appeared to be clean when I got the car?

&#x200B;

Ideally, I would not like to own the car knowing that it has been in a wreck. It would also explain some of the issues I have had with it in the past year. I would like to either get my money back (or as much as I can) and wash my hands of the situation, or get enough money so that I can trade the car in for MY understood value of the car. Is that reasonable?

Answer:
 Carfax is not the be-all end-all when it comes to vehicle history.  Carfax relies on the accident being *reported* to the police and insurance.  Their website also states that it is not a complete vehicle history and that it takes time for accidents to be added to the report.  I believe it takes thirty days from the accident for it to be added.  This is one of the main reasons why you need to insist on a third party pre-purchase inspection by a trusted mechanic.  My parents did this for a car they were looking to get me.  The car had a clean Carfax but the mechanic said it should have been totaled due to a bent radiator pan; and that the hood, roof, trunk lid and front doors were not the original equipment.  The dealer was shocked to learn this and immediately took the car off the lot.

Unless you can prove that the dealer knew of the accident before they sold it to you there is nothing you can do.  Next time get an independent inspection of the vehicle before you buy.Answer #2: CARFAX is not guaranteed to be timely nor complete. The seller is not responsible for anything here.


Title: I was subpoenaed. Do I have to show?

Question: Last year my friend and I went to a bar. After I left (he stayed) someone hit him and broke his jaw. I was subpoenaed as a witness, even though I didn't actually see him get punched. I have to work tomorrow. Do I actually have to show up? Will I get in trouble with the law if I don't? I'm in Columbus, Ohio. Thanks.

Answer:
 >  Do I actually have to show up?

Yes.  It's a court order, not a court request.

> Will I get in trouble with the law if I don't?

Very likely, yes.  Answer #2: >Do I actually have to show up?

Yes

>Will I get in trouble with the law if I don't?

It is certainly possible.

>I have to work tomorrow.

How long ago did you get the subpoena?  I really doubt you got it yesterday (or today).  And I thought I procrastinated!  But yeah, you have to go.


Title: [NC] My employer wants me to sign FMLA paperwork if I have to miss a couple days, am I being paranoid or should I refuse FMLA?

Question: So I work a truck driving/furniture delivery job, and was recently diagnosed with walking pneumonia. Being as it affects my lungs, I had to come back from a two day trip early today and told my boss I may have to take Monday's trip off as well (it is a Monday-Tuesday trip so I would effectively be taking both days off). When I mentioned that to him, he told me I will need a doctor's note to be off Monday and Tuesday and I will "likely" have to fill out FMLA paperwork. Is my employer trying something fishy? I wouldn't think I would need to file FMLA paperwork if I am only missing a couple days. Could it be related to the fact that I have no PTO (Paid Time Off) remaining until the first of the year? Sorry if these are stupid questions, I have never really had to deal with FMLA before nor have I ever called out of work sick before.

Answer:
 >Could it be related to the fact that I have no PTO (Paid Time Off) remaining until the first of the year?

1. Yes.
2. What do you think is "fishy" about this? What do you lose or risk by signing the paperwork?


Title: [EU/US] Online game publisher case

Question:
Greetings,

The curious case that I am interested in an opinion about is the following: Hearthstone is a freely distributed online game, with in-game purchases mainly in the form of card-packs that give you the cards that you can use to play in the game. The problem that I need an opinion about is about, in my opinion, a significant change in the game and whether it warrants a refund on in-game purchases.

A year ago, the publisher - Blizzard - released the following [statement](http://us.battle.net/hearthstone/en/blog/19995505/a-new-way-to-play-2-2-2016). I am specifically interested in the following statement (second paragraph):

>You’ll play Standard using a deck built solely from a pool of cards that were released in the current and previous calendar year, along with a core foundation of the Basic and Classic card sets (which will always be valid for Standard).

The Classic set is a set of roughly 250 cards that have been in the game from its inception, together with about 140 Basic cards. The difference between the two is that Basic cards can only be earned by playing the game (tutorials, early stages of one's game experience), while Classic cards can be opened from packs or created by using pieces of the already owned by the player cards. Beyond those two classes of cards, there are Expansion cards that are rotated out of Standard 1.5-2 years after their release.

For background purposes, Standard is the most populated and played mode for playing Hearthstone. It is the format that the World Championship for the game uses, and the format that is used for professional play.

The line above has been used in the last 10 months by users to inform their in-game purchases, as can be seen from countless posts of the type "what should I craft[make new cards from the pieces of already owned cards]/what packs to buy." Two videos from prominent players that illustrate the impact that the statement has had can be found in the following articles: [Polygon](http://www.polygon.com/2016/5/2/11571884/must-craft-hearthstone-legendary-cards-best-guide-blizzard-pc-ios-mac-android) and [PCGamer](http://www.pcgamer.com/what-we-want-from-hearthstone-in-2017/). The second video is particularly interesting because it highlights the fact that Kibler (the author of the video and one of the most prominent card game players of all time, adviser to multiple game design companies) states that a) one of the few benefits of establishing the Classic cards as "evergreen" (will always be included in the most popular format) is that it *feels safe* (4:30-5) to buy Classic packs and craft Classic cards and b) he voiced concerns with this direction of the game, because it creates design and freshness decisions down the line (you basically have to watch the entire video for that point).

**THE ISSUE AT HAND**

Recently, Blizzard has announced the possibility that some Classic cards will be rotated to the Wild format (no longer eligible to be played in the Standard format), for the purposes of solving the issue that Kibler brought up - the game starts getting stale if 42% of the cards in Standard are always the same. Yet, given the previous statements of the company, that in my opinion have obviously influenced the buying decisions of millions of customers, I am wondering the following:

**Given the structure of the game, and the fact that once money is put into in-game purchases, it can never be withdrawn, is there a case to be made against Blizzard for a refund?** The basis, as I see it, is that the product will have changed in a significant enough way to warrant a refund (the significance coming from the fact that the cards likely to be excluded from the Standard format, despite the previous statements, are key to many strong synergies within the game; many people have spent real money unlocking those synergies with the understanding that those synergies will always be there).

The reason I am not focusing on a specific region is that the case concerns millions of users, and if in one of the two major jurisdictions I can think of - EU law and US law - Blizzard is forced to refund users, it might very well be a good damage control decision for them to refund all their users appropriately.

**Thank you for reading this**; I hope to hear some opinions based in the applicable laws in the EU/NA.

Location: California, USA; Germany, Europe.

Answer:
 If there were something actionable out of this, someone would have sued Wizards of the Coast over it years ago, because this kind of rotating deck format has been around since _at least_ Magic: the Gathering.

The definition of a tournament format is not a binding promise to never change the format of future tournaments. The cards functioned as sold, for the tournaments opened under the format as it presently is. Reasonable, established customer expectations should be that the game will continuously develop, in ways that may necessitate the purchase of new cards to participate in formats. No reasonable consumer, having seen even the very recent history of video games or collectible card games, would assume that a given "synergy" or card combination will remain viable indefinitely.

There are lots of ways to dismantle that whole line of reasoning.


Title: An attorney who literally fucked me over completely for custody of my daughter, and I am now facing homelessness.

Question:
I Live in Pa.
So basically I payed somewhere around 3000$ for the custody and the court and everything and have gotten nothing. I can't seem to get a hold of this guy anymore. I have tried calling his office and his cell phone and I can't seem to get anywhere with getting a hold of him.
Basically me and my wife are separating and will be divorcing. She filed for custody first thing. The original court filing was me having my daughter on Wednesday nights after work, and once every other weekend for from Friday until Sunday morning. Which was a half an hour, and if I could get off friday and saturday (I work retail) I could get her for maybe 2 days in two weeks.
I get forced to do a psych eval, with a psychologist that is not covered by my insurance, which is a 1200$ bill that is to be split 50% by both parties. I can't afford that but I can maybe do 25$ a month and still have food.
Now I have to do court ordered co-parenting class. Its 175$ an hour, every other week, has to be paid on the spot. I can't afford that. I don't have anywhere near that kind of money, they don't do payment plans there is no way I can afford it.
The problem is I can't get a hold of my lawyer, I haven't not received any paper work from the court. I haven't signed anything, I haven't seen any paper work. I was given this information from my ex-wife and by the place that would do the co-parenting counseling.
I will be homeless if I have to pay that. I feel like I have no idea where to turn, who I should call and be talking to. I'm lost and I need help.
Topic:
Custody Divorce and Family

Answer:
 You say that you haven't received any papers from the court, and it doesn't sound like you've been to court in person either. So when you say this parenting class is "court ordered", what does that mean?

How long have you been trying to get hold of your lawyer?Answer #2: Call or go by the court clerks office and ask for a list of approved coparenting classes. The amount you mentioned sounds really high. Answer #3: An attorney literally fucked you?  Literally?  Either file an ethics complaint with the bar, or admit you just don't know what words mean.


Title: Advertising with Harry Potter!

Question:
I'm a NYC-based Group Tour Operator with a focus on Broadway. Our tours offer accommodation, sightseeing, but are generally centered around student theatre groups seeing Broadway shows. We acquire our tickets through a licensed ticket broker.

With Harry Potter coming to Broadway in 2018, I know that it'll be a hit with my groups, and I want to advertise in advance of ticket sales, because I know tickets will go fast, and we'll have to buy early.

What are the restrictions I should consider when using the name, imagery, fonts, etc for the purpose of informing potential tour buyers about this upcoming show? Can I use this stuff in web ads without incurring the wrath (and lawyers) of JK Rowling? I've seen other webpages with disclaimers about "For informational purposes only." Is that needed either in the web ad or the webpage it would click to, in order to show no affiliation or endorsement?

Answer: You should speak with your business attorney


Title: I worked for a startup as an independent contractor, they're using me and others that no longer work for their company to crowd-fund equity online claiming us as employees.

Question:
I worked 9 months as an independent contractor for a startup as a developer. I was let go in November of 2018 so they could outsource cheaper developers overseas. I'm not bitter about that and in fact I'm very happy because it lead me to a MUCH better job.

Today I was advertised their current crowd-funding campaign so I checked it out and not only am I listed as their full-time lead developer, but two other contractors that no longer work for the company are listed too as employees. This infuriates me because they're basically using me as credibility they have a team of local developers working on their app, when the truth is its a team of offshore developers.

I will be asked to be removed from the post, but I want to see what input you all  had first:

1. I was completely destroyed on my taxes last year because of being a contractor. Can I claim that I was in fact an employee since they're publicly calling me one. (Side note- I didn't receive my 1099 until 2 days ago 4/24, well past the deadline so I haven't filed yet).
2. I requested a copy of my contract over a month ago and was never replied to.
3.  I was never given written confirmation about the cancellation of my contract although it was requested multiple times.
4. Are they breaking the law by raising money with false information?
5. I was always treated as an employee although I was a independent contractor. I had business cards, was included in pictures sent to investors as an employee, was forced to work where they designated, and now this. This isn't about money- as a tech worker I'm sick of startup bros using workers in this manner and I want to fight back on behalf of the developer community. Plus save any potential investors from this 'fyre festival'- type company.
6. Do I have any recourse for compensation in this scenario?

Thanks in advance for any help.

Answer: NAL - In IT, and have been both 1099 and W2.  You need an employment lawyer, yesterday, to challenge the company's assertion that you were a contractor and to rectify your tax situation.  Said attorney should also be able to get you compensation for use of your likeness.  Screenshot and archive any/all use of your image/credentials.Answer #2: You should start with notifying the crowfunding platform. They're under pretty heavy scrutiny these days and will likely remove the campaign or at the very least force them to correct the information.


Title: Can my confessions be thrown out in this instance?

Question: [deleted]

Answer: This is a great question to ask your lawyer, because your lawyer will be the best quallified person to tell you if it is actually A) a viable strategy that has any merrit. and B) If it could work to get you the best possible outcome in combination with the other arguments that could be made.


Title: Girlfriend fired for allegedly stealing from work..

Question:
Hey so my girlfriend was accused of stealing money from the till, even though she wasn't working that day. When she asked to see footage of her stealing, they denied and said they already handed it over to police. This went on for a few days and it got to the point where they were telling her to admit to stealing (which she ended up admitting to, even though she was off that day and with me the whole time) just to get them off her back. They fired her and I am very angry with what happened. I told her not to agree to anything because they have no proof. Is there anything she can do at this point or is she SOL because she "admitted" to stealing the money?

I can confirm she didn't do it because she had a few days off and I was with her the whole time on the days, including the day they claim she stole the money. They continually refused to show any footage of theft

This took place in Alberta, sorry I didn't include that

Answer:
 Her admitting to it is a problem. She should decline to speak to the police without an attorney present.

Her job is, of course, history. Time for her to find a new one. Answer #2: She admitted to it but you say she didnt do it. Sounds like they got her to admit to something she did and you're trying to backtrack until they can prove she did it.


Title: I was attacked and no one saw. What can I do if I can't prove my attacker attacked me?

Question: I got into a fight with another man behind closed doors after he picked a fight with me (was poking my chest, pushing me around, swearing at me, he threw the first punch etc.) He beat me pretty hard and I dont know what to do. There were no witnesses and definitely no video of the altercation. What can i do to press charges if I can't even prove he attacked me? (I'm from California btw)

Answer: Your testimony is evidence, along with evidence of your injuries.


Title: Psychiatrist made a radical change in treatment and will not provide documentation saying that they feel it will not have adverse effects. (OH)

Question:
I apologize for the clumsy title. A bit of background on this is that I have been diagnosed with high-functioning autism and severe ADHD for as long as I can remember. I have taken medication all my life as a result, however over the past three years I have been working towards reducing the level of medication I take and have reduced it by about two thirds. Still I have been at my previous dose for about the last year. However when I went in to see my psychiatrist today she suddenly felt that it would be appropriate for me to simply stop taking my ADHD medication over the next two to three months of summer to see how my system reacts and that they feel that I will not be impacted negatively in any way. This is a significant deviation in my treatment over the past four years there and I believe it is partially due to the beliefs of the new director that psychiatrists should not be prescribing stimulants to their patients. I am well aware of how I function without my ADHD medication as I had tried at least one day over the past three summers. I become a burden and a nuisance to my family and they simply cannot stand me and insist I leave the house.

Furthermore I intend to write a paper and conduct research to present at a national conference in November, which means I will certainly have to work on writing it over the summer. The biggest concern I have now however is how this will impact my ability to drive as I currently have a medical restriction saying that I can only drive while being prescribed medication for my ADHD. I asked the psychiatric facility for a written statement to give to the BMV that would explain that they feel comfortable with me operating a motor vehicle while off my previously prescribed medication (something I do not feel comfortable doing) so that I may update the status of my licence and continue to drive legally. However they are unwilling to provide any sort of written documentation stating that they feel comfortable with me driving a motor vehicle while off of this medication although they continue to reassure me of this verbally. When I told them that I would not be able to legally drive (it would be the same as if I drove without my glasses) they simply said they could not release a statement because "it would mean we would be automatically liable if you were to get into an accident."

I certainty do not agree with my psychiatrist suddenly discontinuing my treatment and was wondering what legal rights I have as a patient that may allow me to challenge a course of treatment I feel is very detrimental. Furthermore by privately discontinuing my prescription with verbal assurances that it will in no way impact my ability to drive (something I disagree with) and unwilling to put this in writing, they have put me in a situation where I do not have the prescribed medication that I legally need to be in my system to drive, yet I do not have the written statement needed for me to amend my license so that I do not need the prescribed medication to be driving. As such I have been put into a legal limbo by the psychiatry office where I am legally unable to drive. Is this a violation of some sort? Is there any way I can legally compel them to produce this written documentation?

Lastly, while I cannot articulate it well, I feel as though my current practitioner is not working with me to treat me in a manner of my own best interests, but is rather treating me in a manner more aligned with the ideas and interests of another. If I feel as though my psychiatrist is not acting in my best interests is there someone I may talk to about this? I apologize if I am asking the wrong questions or am being to vague about some point. If you have questions of your own or need some clarification I will be happy to answer and provide information. Thank you.

Topic:
Medicine and Malpractice

Answer: Find a new doctor if you do not like the treatment you are receiving.


Title: Sent stupid emails, detective may have found out.

Question: [deleted]

Answer:
 You're free to not speak to the police. If they're building a case against you, there's nothing you can say to dissuade them and tons you can say to empower them. You're also free to speak to a lawyer.

As to what they could possibly be charging you with, who knows. Harassment? Disorderly conduct? Stalking? Corruption of minors? We don't know what was said, to whom, or how many times.

Until you're actually charged with something, just sit tight and stew in the stupidity of your past decisions.


Title: [KY] Husband refusing money to his wife (Military)

Question:
Hi there! Quick backstory here. My sister in law, Jo, recently came to CA to live with me and her brother, along with her son. Her husband Don, is stationed in Ft. Campbell, KY. Jo left  (more like he kicked her and son out) Don a little over a month ago, due to his cheating and unwillingness to work towards a fix.

Jo has not yet found a job, due to unavailable jobs and her vehicle being broken. But, she has started college through the military spouse assistance. In the past month, Don has been paid twice and has easily sent her $400 each time. Fast forward to this past paycheck, (Friday-ish) Don does not pay Jo. Jo doesn't want to ask him because she is not speaking to him due to his nasty attitude.

Jo still has access to the joint account, so she went in and transferred the money herself. She sent Don a courtesy text, saying that she transferred the money because she needs money to provide for their son. He comes back with shit like "I'm the one providing, you're just buying him shit." or "that's not your money to take".

I understand Don's perspective, but since they are still married, does he have any right to tell her she can't feed her son? This morning Jo woke up to a text that Don was going to remove her access to all the bank accounts, because she used money from another account. My question is, can he do that? Especially with him being military, can he refuse her money/access to the bank accounts?

Just remembered that he is threatening to kick her off the car insurance as well. Wouldn't be surprised if he's threatened the medical as well.

This whole situation is a cluster fuck, and there are a million more questions I have, but this is just the most pressing item at the time.

Thanks for any advice!

Answer:
 She needs to contact family advocacy on his base and let them know. They will explain to him that it is not an option. He is required to provide for his family. The military pays him to do so. Also cheating is illegal in the military.

He can't kick her off medical. Military won't allow it.  Answer #2: Your sister in law needs a divorce lawyer.

As far as her soon-to-be-ex is concerned a joint account is a joint account. Everything in it belongs to both account holders equally. She is perfectly within her rights to continue withdrawing from an account with her name on it.

He might be able to convince the bank to take her name off the account, but that's just one more thing the lawyer she should be hiring on Monday will use against him.


Title: FedEx Dog Bite

Question:
So I live in a house with 2 other roommates. The home is owned by one of their moms and we rent out rooms in the house.

 Earlier this week while I was at work, my dog (red heeler) was home with one of my roommates (not the roommate who's mother owns the house) and my dog nipped a FedEx employee delivering a package. As far as the details go I only have secondhand information but the employee admitted to my roommate that the bite did not break the skin, but may have bruised her leg.

Once I was in contact with her I apologized profusely and showed her certifications of all my dogs current vaccinations. Today, I received a message from her stating she was filing for workers comp. and needed the homeowners info (because I don't have renters insurance).

I'm worried about a lawsuit. My dog is not claimed on the property insurance, I was not home at the time, and my dog has never bitten anyone before. Who ends up being liable in this case? I know it's normally the homeowner but can they really be held liable when someone else's dog bites someone on their property?

Thank you for any advice posted! I live in Oregon if that helps.

Answer: You're liable for your dog. Answer #2: Get renters insurance. It's cheap and it protects you for things like this. It won't help in this situation, but just get it so you're protected next time.


Title: T-Mobile charging me for two phones despite phones being with UPS at the moment. Phoenix, Arizona, USA

Question:
Hello. I ordered two new smartphones on December 11 of this year via over the phone through T-Mobile. A few hours after I placed the order, I called T-Mobile back to cancel it but was told the devices had already been processed and ready for shipping and the order cannot be changed. The phone representative told me to decline the package once UPS delivers it so that the order goes straight back to T-Mobile. On December 19, UPS made the delivery but was intercepted by my wife and explained to the UPS delivery driver that the order was made by mistake and we refuse delivery and the driver took back the package.

Upon following the UPS/T-Mobile link provided with the order, which also contains the tracking number, I was able to clearly see that the package was refused and is now being sent back to T-Mobile. Well yesterday I received a full bill for both phones, in the amount of $600. When I called T-Mobile and explained the situation and the fact that the tracking number says it is in route back to T-Mobile, I was told that until T-Mobile physically has the devices in thier hands, I will be charged the $600.

So I'm curious as to what my options are at this point? T-Mobile is notorious for loosing phones that they had received. I feel that once UPS has custody of the devices per the tracking number, I am no longer held responsible for whether or not T-Mobile receives them.

Any help or advice on this would be great. Thank you.

Answer:
 > So I'm curious as to what my options are at this point?

Your options are to wait. Why would they refund you until the phones are in their possession?

If you paid by credit card you could attempt to file a chargeback, but chances are they'll get the phones before the process could be completed and they'd dispute it anyway because they are going to refund you.


Title: HOA Turf War! Need help, could lose thousands over trying to save water!

Question:
For context, we live in the drought stricken state of California, and it’s peak (2013) we decided to install turf on our yard. There were neighbors who had, we later learned, already got it installed and approved by HOA. That being said, we changed to turf during the peak of the drought, without approval, not thinking it would break HOA rules to use less water and not worry about burning grass. We then got fined for a year, and eventually they changed the rule all together. We even sent in our specific lawn dimension and they approved our specific lawn.

However, HOA is now fining us around FOUR THOUSAND DOLLARS saying even though it’s approved now we have to pay for the year it wasn’t approved and we had it. This just feels incredibly unfair, and we now have the opportunity to speak at a board meeting. We are immigrants and are no too familiar with the law, but just feel this is wrong and don’t know what to say to get them to waive the fines. Any help would be appreciated!

Answer:
 What year are they fining you for? In California, they cannot fine you for something that they discovered five years ago and haven't enforced since then. Here's some sources on that:

[Lawyer's newsletter](https://srcar.org/assets/2014/06/2014June-Newsletter_Pacific-Hills-HOA-v.-Prun-et-al..pdf)

[Condo owner newsletter](http://www.californiacondoguru.com/CCNewsletter/CCNewsletters30.html)


Title: [CA] Major traffic collision, I am likely to be found 100% at fault, other party is injured. At any point is it wise to contact them?

Question:
Last night I was involved in a rather major auto collision. I clipped a stopped car that was then pushed into the car in front of it. So far, I'm fine, but the airbags of the middle car deployed and the driver was taken away on a stretcher; according to my claims rep, she was in the hospital overnight for tests and was planning on being released today.

I haven't been cited, but this collision was clearly my fault and I expect the police report, when completed, to reflect that (in California you're automatically at fault for rear ending someone anyway). I have bodily injury liability coverage with a $100,000 per person max.

I am, for obvious reasons, feeling extremely guilty about this. My mistake could have life-altering consequences for this woman. My question is this: after I am determined to be at fault by the local PD, is there still a good legal reason to avoid admitting fault? At some point down the line I would like to send a written apology to this family, but I just have a vague sense that it would open me up to lawsuits, though I'm not clear how. Of course, I don't want that if it's unnecessary, but if her and my insurance companies dick her around and don't pay out enough, I couldn't blame her for coming after me.

Thanks for your time.

EDIT: thanks all for the advice. The consensus is clear.

Answer:
 > At some point down the line I would like to send a written apology to this family

Include the deed to your home, please.  You're talking about an accident with possible major injuries.  Doing something like this will agitate your insurance provider and may impact coverage.  Stop it.  Work through your insurance provider and leave it there.Answer #2: Do not contact them. DO contact your insurance company.

It's natural to feel bad but even if you sent a letter it's really not going to make anything better for anyone. Contact your insurance before you do anything else. Answer #3: Do not contact them. If they or their attorney contact you, refer them to your insurance company. Do not admit fault, even if it's obvious. Do not tell them what your insurance limits are. Let your insurance company handle **all** communication. That's what you've pay them for (and you will likely pay them more in the future).

> At some point down the line I would like to send a written apology to this family, but I just have a vague sense that it would open me up to lawsuits, though I'm not clear how.

Way far down the line, after the claim is settled and your insurance agent says it's OK to do so, maybe. You're already "opened up to lawsuits". That $100K can go pretty quick if the other party's personal injury lawyer lawyer smells a guilty conscience on your part.
Answer #4: Let your insurance handle it.  That's why you pay for insurance.


Title: If you spray painted a swazitka on a non-jewish related building or monument, is that considered a hate crime?

Question:
Topic:
Criminal Law

Answer: Yes


Title: Executor of the estate trying to claim 50%?

Question:
Sorry in advance if there is any poor formatting, on mobile, etc.

This is in Georgia.

My mother passed away in February 2019. She supposedly didn't have a will or it was unable to be found. Due to Georgia law, it calls for her husband and I to split the estate 50/50, or on whatever terms we come up with due to their not being a will.

I currently live in Australia and due to timezones, I'm having my father handle the situation for me. I've sent in documentation stating he has my authority to authorise the decisions I make on my behalf, but I'm still fully in charge of any decisions before they are made.

Now currently, our plan is to offer half of what the current property value is to my mother's husband and once that is finalized, we will renovate the house and property to increase the property value. After everything is paid for and finalized, the value will be around $120k.

My father, when doing the math for this, is stating "now the final amount will be about $120,000, so you'll receive about $60k when we split it in half."

This honestly just floored me because while I was absolutely planning on making sure he was fully reimbursed for any amount he's paid into this, on top of an executor's fee, I was absolutely not expecting him to just assume he would be receiving 50% of the estate's profit.

I've looked around for what the typical executor's fee is and most places stated around 2-8%, depending on circumstances. I was originally thinking I was going to do around 10% which would put him at about $12,000.

I told him that I wasn't comfortable with the idea of him taking $60k and he didn't respond to me. I then received an email last night where he reconfirmed the next step of the process and asked me if I was fine to proceed. He once again stated that we would split the $120,000 50/50 once more, disregarding my previous statement it seems.

In short, am I wrong in thinking my father is not entitled to 50% of the outcome or is he trying to rip me off?

EDIT: Just to clear up some information.The house is currently worth about$70-90k. I could have handled this myself, however, he specifically offered to take care of it due to "Wanting to make sure you get as much out of your house as possible." The reason for this is we both absolutely despise my mother's husband and both of us wanted him out of the equation no matter what we decided to do.

Moving on, we're looking to renovate the place which will cause it to go from $70-90k to $200k. In order to do this, we will need to buy out my mother's husband for about $40k. He said he is willing to cover that. Now once that's done, we'll be renovating, where we'll be investing $40k, however, we only need to pay $10k up front.So assuming my dad is covering this, he will be investing $50k, to which he will be fully reimbursed. This fee is going to a contractor, my father isn't doing any of the work.

Now I guess the problem I have is this entire process has been realistically not that much work. Once again, it's stuff I could have done but he offered due to having much more free time than me and being in the area. I think the reason I'm confused is that he played it up a lot that he was doing this all for me, to benefit me, and to make sure we can earn as much as we can to make sure I'm taken care of, but he's clearly flipped this into a money making opportunity for himself. This is... Unfortunately very in his nature, and it just rubs me the wrong way.I'm also paying for these loans until the house is sold,so the only thing he's 'risking' is his credit.

Also, he is the administer of the estate. Sorry if I worded it weird, but that is how he is labeled on all court documents, hence why I was offering 10% of the profit, and why I thought it was a fine amount.
Topic:
Wills Trusts and Estates

Answer:
 So it sounds like your mother's husband is not your father.  Based on what you are saying, I assume you are the only child of your mother.  Because she died intestate, you would split the estate 50/50 with her husband.

I'm having a little trouble following this, but it sounds like there is the ability to purchase the house from your mother's estate.  You then plan on renovating the property with your father and selling it at a profit.  It sounds like your father is planning to split this profit with you.  He would be participating in the profit not as a executor, but as a partner in your venture.

Is this even close?


Title: TX - Is firing someone due to them being the highest paid employee wrongful termination?

Question: My boyfriend is the sole manager of a cafe. In the chain of command it goes, the 2 owners, him, and then the various cooks and baristas. My boyfriend was offered the manager position last month through an offer letter giving him a salary of $26,000. All the other staff makes $6/hour plus tips. Currently, the cafe has lost a lot of business due to COVID only allowing take out in my city. Yesterday, the owners sat my boyfriend down and told him that because of “a combination of COVID and work ethic” they were firing him effective immediately. I know work ethic is something of opinion, but he’s never had any write ups and usually works 50-60 hours/week. His bosses have never had any conversations with him about work ethic or anything like that so this really came out of nowhere. Today they called him and said he can have his job back when the virus blows over but he’d be placed onto the hourly pay as opposed to salary because of his “work ethic”. We both feel like the reason he was fired was solely because they overpromised him on pay and needed an out, but still wanted him around as he’s very skilled at his job. I know it’s scum behavior from the bosses regardless of the legality, but is it wrongful termination to fire him because he’s the only one on salary? All other employees (except one hourly paid barista who’s worked there the longest) have been given 0 hours. They are also not replacing his position. This feels a tad discriminatory.

Answer:
 >is it wrongful termination to fire him because he’s the only one on salary?

No. There's nothing illegal about this. It may be discrimination, but it's not illegal discrimination.


Title: Hit a biker going <5mph and now he is suing for bodily injury

Question:
As the title says, I was at a red light which had just turned green when a biker decided to pull up in front of me when I had already let off the brake. He was not physically hurt as he got off the bike in time, but his wheel was damaged. When I got out of the car, I apologized immensely and asked if he was ok. I asked if we needed to call the EMTs and he declined. I offered to pay for the bike and he declined. He was pretty upset as he thinks I hit him on purpose. We called 911 and a police officer came out and listened to us both. The policer office did not cite me. The road also has a lane for bikers and there was no need for the biker to be in front of me. The biker was very upset and kept yelling that it's not the price of the damages its a sentimental thing. After he refused an EMT and bike repairs, again, from the police officer, the police officer advised I was free to go as there would be no sense getting through to this guy and to just let the insurance handle it.

I still gave the biker my information and said just let me know how much the bike damages are. Well he decided not to do that and is now coming for injuries. I did check out this guy on fb and it did show he went to the hospital the day afterwards sometime in the evening.

Does this guy have a good case against me? Accident occurred in Texas.

Edit: cyclist* not biker

Answer:
 > the police officer advised I was free to go as there would be no sense getting through to this guy and to just let the insurance handle it.

That was good advice. Just make sure your insurance knows everything you posted and has a copy of the documents from the police and such, then let them handle it. They aren't going to want to pay if they don't have too, and they are pretty dang good at this kind of thing.


Title: How do I know if the "free vacation" I won in a raffle is a scam?

Question:
I'm not sure if this is the right sub for this, but I figured you could help.

I don't want to be an idiot and fall for an obvious scam, but I don't want to be an idiot and give up my raffle winnings. I think it's probably a scam, but I wish I could know for sure. Can you help?

I went to a local fair and entered my name in a whole bunch of raffles so I could get free water bottles and other nonsense.

I got a call from a week or so later and they said I'd won the raffle and got a free vacation. They listed the date and time I was at the fair, so I know it came from my ticket. Their company is listed as one of the fair's sponsors on the fair's website.

I looked up their company and they have a website and a real office on Google maps.

However, there are a lot of complaints about them from people who've won things. These complaints aren't saying it's completely fake, but are saying things like there are taxes, hidden fees, the prizes are hard to claim and you have to fill out a ton of promotional material, but the prizes are there. Other people (maybe fake) are saying they went on cruises with them and it was great. There is a lot of hate against the company online and people are saying they're unethical and have bad business practices. There is a Facebook page to boycott them.

It looks shady and that the prizes are hard to actually acquire and not as good as they sound on the phone. But for free airfare, I don't think I would mind giving it a shot.

Is there a way I can find out more information to see if it's worth my time? If it is scam, can I report it?

Answer: 90% of the time they are trying to sell you a timeshare,  Personally it's not worth it to me.  I have better things to do on my vacation time than listening to a sales pitch i have no interest in.


Title: Mother (38) wants to sue me (20F) for a car accident that insurance would have covered.

Question:
Background info:

Me- 20 year old female. I do have a drivers license and my own car but the car (not me) is covered under my mothers insurance to make it cheaper.

Last week I got Into and accident, mainly only damage to my rear bumper on one side and the other drivers front bumper fell off. A cop helped us exchange insurance, gave me a ticket for an unsafe lane change he believes caused the accident and we went on our way.

I had to call my mother of course since I’m on her insurance and she flipped out saying her premiums would be raised and I told her I’ll pay it since it’s my fault. Well now she’s cancelled the insurance and is trying to make me pay for my car and the other guys’ car and says she’ll sue me for $5000 (random number bc the damages are only like $600 total) in civil court if I don’t pay for both cars. What can I do to protect myself?
Topic:
Other Civil Matters

Answer:
 Her cancelling the insurance doesnt change that it was covering you at the time of the accident. So you can still put a claim in with it (or the other guy can)

Your mother can sue you for any damages caused by your accident though. BUt a lot of people threaten to sue and never do.


Title: Termination of parental rights (Florida)

Question:
Hi. I'm going to try to make this as short as possible, while still trying to include pertinent details.

I have a 6 year old daughter. I was with her bio dad from 2011-2013. In 2013, some things happened and I got a restraining order against him, which also gave me full sole custody of our daughter. The order is indefinite. It states that any contact between us can only be civil, only through texts, and only about our daughter. It also states that any visitation is up to  my discretion. He has had 5 years to try to appeal this, and has done nothing about it.

In the past 5 years, he has gone to rehab 3 times. At first, he was clean and sober. And I used to let my daughter spend Friday nights with him. Then, when he started messing up again, it was obvious, and I didn't let her go around him until after his first rehab stint.

When he got out, I started slowly letting her be around him again. This happened with all 3 rehab trips. After the third one, I stopped overnights altogether. He was only allowed to pick her up on Saturday mornings and had to have her back Saturday night.

Then, in August of 2017, he had her for the day. Unbeknownst to me, he was on xanax and went to Walmart and shoplifted with her there. He got arrested in front of her and my husband had to go pick her up because I was at work.

 My husband has been a father figure to her in every single way since 2013.

I didn't let him even speak to her for a few weeks. Then, on his very first phone call with her, he told her he "took a pill"and "can't remember" what he did. I obviously cut off contact for a longer period after that.

In December, I started letting him see her with my husband supervising. He would see her for a couple hours every 2 or 3 weeks.

In January, he texted me about wanting to kill himself. Then, in February, he started demanding more time with her. I refused.

April 2nd, he came to my house to see her. He was very very skinny, which has historically been a sign that he's on drugs again. I had a drug test and asked him to take it. He "couldn't pee" at first. Then, he tried to put water in the test. Then, he spent an hour and a half telling me how he couldn't pee. I told him if he didn't take the test, he better kiss her goodbye.

He left, then tried to call me an hour later asking if he could come take it then. No. I'm not stupid.

He then showed up April 22nd at 9:30 pm asking to see her. She was asleep, and this was definitely not a pre arranged visit. When I refused, he got angry. My husband responded and made him leave my house. He then texted both of us for over an hour wanting my husband to come fight him. He also threatened to kill me.

I reported him for violating the restraining order and he was arrested. He goes to court next week, and should be getting jail time, probation, parenting classes, domestic violence classes, and drug classes. The judge has already removed the courteous contact and changed it temporarily to no contact.

I am also filing civil contempt charges against him. My attorney has told me that we can modify the restraining order to permanent no contact.

Florida does not have a specific timeline for abandonment. The statute says something like "if the parent has shown little to no effort to be in the child's life." My attorney is not a family law attorney, so I don't know how much she'll know about this.

I want to file for termination of parental rights and have my husband adopt her. Do you think this would be possible? If so, how long should I wait? And will modifying the restraining order help that process or hurt it?

I should also mention that my daughter wants nothing to do with him. She hasn't asked about seeing him or calling him at all. And she says my husband is her father.

Answer:
 Honestly, I don't think you are going to have an easy time, unless he consents.

He has made efforts to be in the child's life.  They've been frustrated by his addiction.  But based on your own description he has made consistent efforts to see her.  That's not abandonment, in my view.  But see what your attorney says.

Is he required to pay child support?  Maybe he'd consent to termination if he understood he'd no longer have to pay support.


Title: Landlord is claiming washing machine is a luxury

Question:
I live in Arizona, for the longest time I have dealt with a lazy landlord. I am in my third year of my lease, the previous two years I have had a written contract spelling out my lease. Its very vague and includes at least one item that I am not sure is legal. This current lease period my landlord has not given me a lease to sign, it started in mid-Janurary. I have repeatedly asked for one.

However, the question I have is whose responsibility is it to repair appliances that came with the house? Specifically, the washing machine. I have read my old lease back to front and it doesn't mention anything about any appliances. I brought it to her husband last weekend and he didn't respond. I told her about it and she told me "she doesn't have time for this, I'm sorry." Then said it was the husband responsibility and "I asked you not to use the W/D which is a luxury anyway until he can settle it. I don't think you know how busy I am." And ended it with an apology.

I am a very patient person, I would have left this place but I absolutely hate moving, its pet friendly and the rent is nice.

I was under the impression that the appliances are the landlords responsibility unless otherwise noted. In addition to that I have to used the washer since I reported it leaking. If anyone can give me some information of my rights that would be amazing.

Answer:
 You are currently under a month-to-month lease that is governed by the terms of your last written lease. You don't need to sign a new lease in order for you to continue to rent the property.

Landlords are required to keep all appliances they supply  (on the premises) in working order under Arizona law.
Notify the landlord in writing that the washer/dryer is broken and request the repairs. Landlord has 10 days to repair.

http://azlawhelp.org/articles_info.cfm?sc=24&mc=3&articleid=46


Title: Can I distribute another company's merchandise for my not for profit community service project?

Question:
I'm putting together a community service project for women in homeless shelters to bring them various hygiene items. I would be buying regular brands in bulk. Could I run into legal problems giving their merchandise away for free?

I feel like this is a dumb question, so I apologize and thank you for humoring my idiocy.

Thank you!

EDIT: sorry, forgot location. I'm in New Jersey, in the U.S.!

Answer: If you acquired the merchandise legally, you can do anything you want with it.


Title: My bank submitted incorrect information to the DMV. Now my car is being flagged as having the odometer rolled back.

Question:
Hello all,

One year ago I financed a used car through my credit union. Since it was financed they held on to the title and submitted all the documents to the DMV. When I purchased the car it had 41k and my bank listed the mileage at 56k on the title. Fast forward to year later and I’ve decided to sell the car (for a profit) and I had a potential buyer run a car fax and they alerted me to the odometer roll back warning. The carfax shows it was adjusted in Feb 2019 which is when I purchased the car.

I called my bank yesterday to see if they could correct it and they pretty much said too bad you signed a contract. And that they can’t help me.

I still have the carfax that my credit union ran before I bought it and it doesn’t say anything about the odometer discrepancies. I fact I doubt they would even finance a car with such red flags. They also sent me a KBB estimate with the carfax and I noticed that the KBB estimated the mileage to be 56k, when they don’t know they exact mileage KBB will show the the average for that year/make/model so I’m guessing that’s where they got that number.

I’m leaving work early today to go in person and try to get this figured out. I have all my original documents and email communications with the loan manager. I am certain that is the banks fault and I just want them to make it right because they have tanked the value of my car, and it will be very challenging to sell. I hope it doesn’t come to it but I am willing to pursue legal action if necessary.

If anyone has advice on how to proceed please let me know.

TDLR: my bank submitted vehicle title with incorrect mileage and won’t fix it. Now my car is flagged as having the odometer rolled back which has greatly reduced the value.

Edit: Oregon. This is taking place in Oregon.

Answer: The root of the problem based on your re-telling appears to be Carfax, not the bank per se. There are avenues to try and correct incorrect Carfax reports.  [https://support.carfax.com/article/request-a-correction-to-a-carfax-report/](https://support.carfax.com/article/request-a-correction-to-a-carfax-report/)


Title: Going to Vegas from Toronto for Halloween. Part of my costume involves novelty fake money. Is this risky?

Question:
I had an art director from my ad agency mock up some fake American money to go along with my costume - they're clearly fake (no president on the front, no denomination, all of the existing type has been changed). I still am a bit on edge about bringing a bunch of fake cash to Vegas of all places, though.
Thoughts?

Answer: probably not a big deal.


Title: [Denver, CO] Can I walk away from a car deal if the contract has been made, yet they ask for a different price when i get there?

Question: I'm buying a used car today, although I contracted on it yesterday.  The contracted price is 15,700.  If i go down there to take delivery today, and they ask me for a different amount, am I still bound by that contract, or is it now void?

Answer:
 If an actual contract said you would pay $15700 OTD, they can't demand more.

Why do you suspect the dealer will try to pull this stunt anyway?Answer #2: If they ask for a different price, tell them that you already have a contract.  Make sure you have a copy at home.  Ask them to write out and sign something saying that they are refusing to honor their contract.  If they refuse to sign, start recording on your cell phone and ask them if they are willing to honor your contract.  Make sure you get a good recording of them throwing you out, while you remain calm and polite.

Unless they let you have the car for the agreed price, take your contract and the recording to a lawyer on Monday.  (99% sure it won't get this far.)

If you'd rather walk away, ask them to sign that you are both agreeing to void the contract.  They can just write "This contract is voided by mutual agreement" at the end of the contract  and then have you both sign.  Keep your copy in a safe place.

Don't leave without either the car (for the agreed price) or something proving that they (not you) broke the contract.Answer #3: Simply asking you for a different amount does not void the agreement already in place.  You can say no and demand delivery of the car for the $15,700 you signed to.  Answer #4: That depends on the contract.  Most contracts are for purchase price of the car only - things like tax, title and license fees aren't covered.  So there's legitimate, proper reasons why they may demand more than $15,700 to take the care out the door.

You need to review the contract, and whatever they ask for, and determine whether it's correct.


Title: UTAH Sexually assaulted at work, I am trying to reach an employment attorney and I can't get through, I need to know right now if I should quit now or stay??

Question:
Utah

Hi Reddit,

I asked for advice yesterday about being sexually assaulted at work and I have done everything people suggested including contacting an employment attorney and backing up copies of my video.

I decided to go to work today so I wasn't fired but I am so scared. I'm sick to my stomach and I've been shaking all day, I fear my boss walking thru my door every minute I don't think I can do this any longer! I have left messages with several employment attorneys but they haven't answered my calls yet! I need to know right now can I quit or do I need to stay at my job??? I need unemployment if I'm not working because this is my only source of income.

What do I do?? Can I still get unemployment if I quit?? I can't take this anymore :(

Answer:
 DO. NOT. GO. BACK. THERE.

It's not worth having to go through that experience at all. Your job is now to deal with this. You will absolutely get unemployment and more for not showing up after you were assaulted. This man should have been arrested yesterday.


Title: [FL] Girlfriend was in Car Accident - Driver and his Insurance are both ignoring her

Question:
Hey all, first post here so I hope I'm doing everything correctly.

About 6 weeks ago, my girlfriend was hit in her apartment's parking lot by another tenant. He came around a corner while not looking at the road and smashed up her driver's side (she was driving to her parking spot). They exchanged insurance information, and she contacted his insurance and filed a claim. They informed her during the call that he told the same story and admitted it was 100% his fault.

His insurance company (Joe Schmo insurance) has repeatedly ignored her messages, probably 10 of them. When she finally got a hold of them a few weeks ago, they said the other driver had cancelled his phone and wasn't communicating with them. She said something to the effect of "I don't care, fix my car."  They said they'd get back to her, but nothing has happened. Her insurance (All State) won't deal with her unless she files a claim, which she doesn't want to do for obvious reasons.

She has the other driver's address. Should she call the police?

Edit: Thank you for the advice everyone. She's going to file a claim with her insurance.

Here in Illinois, things seem to work a bit differently. I've been hit twice in the parking lot at work (while the vehicle was parked), and so have at least 3 co-workers. We've always dealt with the other driver's insurance, and never had any major issues getting checks for repairs. Have we all just gotten really lucky, or are there totally different laws between the 2 states?
Topic:
Insurance

Answer:
 The police? No. She should contact HER insurance company. The other insurance company doesn't owe her anything.

> won't deal with her unless she files a claim, which she doesn't want to do for obvious reasons.

So let me make sure I understand. She pays All State every month but when she actually needs to file a claim she refuses?   They have an army of lawyers and will go after this guy and then you better believe he will start talking to his insurance company.


Title: My insurance company paid out to a drunk driver that hit me..

Question:
This is absolutely infuriating so I will probably jumble something up. Feel free to ask for clarifying details.. so here we go..

&#x200B;

February 4th 2018, right after the Superbowl game I was driving soberly (absolutely no alcohol or drugs) home on my motorcycle. when I am less than a mile home, I stop and get gas at a gas station (with no working cameras) and get gas.. this gas station is on a corner with a busy street (45mph zone) and a not so busy street (25mph zone). I am facing the not so busy street but I am parallel looking at southbound traffic on the busy street. I am attempting to make a legal left turn onto the not so busy street. I make my left hand turn with my signal. and as I do this, this SUV makes a right hand turn from the busy 45 MPH street onto the 25mph not so busy street,  doesn't slow down and hits me in a sideswipe/rear end fashion. I go down, and he does not stop for a football field and then as I am laying on the ground he comes back. I am in shock at this point and it becomes hard to comprehend everything that happens. The important stuff is, he wanted to take his two kids home and come back. I said no and another unknown motorcyclist comes by and calls an ambulance and I get transported. My father also showed up and made the officers (who refused to breathalyze him at first) test him for alcohol and **he blew a .11** . I go to the hospital and they give me pain medications for the injuries (abrasions on the leg and multiple contusions with neck pain) I find out that he was drunk and I was infuriated... He had kids in the car... my bike was messed up... and I was supposed to go on a road trip the next day. So i tell the officer my story and I messed up and said I turned left and hit the corner of the front of his vehicle and bounce off.

&#x200B;

\- A week later reading the police report I found out that I was placed 75% at fault for an unsafe left turn, and the so so so nice officer decided not to cite me for it...

that night the other driver was so drunk he didn't know his kids name and could not answer multiple questions. He was NOT OKAY to drive or make any decisions. However my decision to make a left turn is the deciding factor in the at fault percentages and I am outraged. He essentially got paid to drink and drive that night because my insurance company paid out over a thousand dollars to fix the scratch in his SUV from the accident.  I have a lawyer who is taking things slow. i ended up getting 11 herniated spinal vertebrae in my spine from the accident and had to have had multiple surgeries and months of surgery to help. I have not fully recovered. The lawyer is getting the bill together and is going to make a claim, but there is not much being done about my insurance... This is the first accident on my motorcycle policy and it raised my rates by 50%... is there anything I can do so Im not getting screwed over this much?? any advice would be seriously appreciated.. Thank you to those who read all of this.

&#x200B;

extra info

Age: 18

Sex: male

my vehicle: motorcycle

DUI driver: SUV

Answer:
 You have no control over the police officer's conclusions and they don't really matter.
You have no control over whether your own insurance pays for the other driver's property damage.  Your insurance does not need your consent to settle a claim within policy limits.
Your attorney will still represent you and present a claim to the other driver's insurance.  Regardless of whether your were 10% or 75% at fault, the other driver's insurance is very, very likely going to offer to pay their policy limits to you because the severity of your injuries.  (e.g. your case could be worth $1M with clear liability.  If the other driver's insurance thinks it's 25% at fault, they will agree to pay up to a $250,000 policy limit even with a belief you were 75% at fault)Answer #2: Location is important. Like the previous poster mention is 100% correct. As far as the DWI testing that depends on location. In NY for instance the roadside administration of a breathalyzer is not admissiable for court as a stand alone item to prove intoxication at court. There is a separate test on a calibrated machine usually at a pct that is used. Now a police officer can use the roadside test along with several observations in order to get PC to detain the person for a more precise test. Answer #3: This sucks but it sounds like you are mostly at fault for the left turn. The other guy though should have been cited for DUI and child endangerment. Since you were technically at fault that still would not help your medical claim much.

Was he cited for anything?


Title: Is it legal to funnel company money through my side business?

Question:
Hi,

I was wondering. Let's say as a sidegig, I own a website where I take b2b orders and dropship from a wholesale printer and get wholesale price on printed items and their requirement is that you must be a graphic designer/printshop/broker etc. to open an account.

Let's say I also happen to work as a graphic designer for a large reputable company that happens to print thousands of things a month. As one of my job duties, I am given a yearly printing budget, I am supposed to get price quotes from printers and choose one at my discretion.

If I was to price match, and choose my own website...

would that be illegal? (if so what crime is it?)

would it be considered unethical?

and would it be grounds to be let go?

Answer:
 >If I was to price match, and choose my own website...

"If I were" :)

That would be breach of trust and self-dealing, both of which are forms of fraud that will get you instantly fired at a minimum.


Title: How to handle super strong pot smell from neighbors house - PA

Question:
Every few weeks, especially in the summer, our living room gets flooded with an incredibly strong smell of pot. This living room faces our backyard, then detached garage, then a neighbor's house past that. A couple times it's been strong enough that I've had to keep my toddler in the front of the house. Sometimes we have to break up cookouts in the backyard to get away from it. It's not uncommon to have to bring my son inside from riding his tricycle early because of it.

What can we do about this? Is the answer just to call the police non emergency line? Or is there anything else? This is becoming seriously annoying.

Answer:
 You can call the police if you'd like. You can confront the neighbor if you'd like. You could sue him for diminishing the enjoyment of your property if you'd like. Answer #2: Depends on the relationship you have with your neighbors I suppose.

If they're assholes that you don't think you can talk to, then the police non emergency line is probably the way to go.

If they're otherwise pretty decent people, and you're just dealing with the smell every once in awhile, it might be worth talking to them to let them know that their air filtration system is shit, it's bothering the neighbors, and "you don't want them to get in any trouble with the law with the obvious smell". They may be fairly nose blind to it, and the warm air in the summer really helps that smell travel.

Do be aware though that just the smell of it is in no way harmful. Even second hand smoke, you'd have to have quite a bit of it pretty concentrated to do anything at all.