Title: Sued my university in small claims for dorm rent and won, but not the amount I requested.

Question:
Hey guys,

I am in California. My first semester there were health hazards and habitability issues in my dorm. After I submitted requests for repairs, the school neglected the condition which continued/got worse. When winter break came, we weren't allowed to be on the premises anyway, and by that point a reasonable amount of time had passed while the situation was not being repaired. I could not submit a cancellation request because the deadline had passed while I waited for them to make repairs. I appealed and was rejected as the school suggest I transfer dorms instead.

After reviewing all my options, I decided to move out into a room off campus. I reviewed California Civil Code 1942 (a) which allows me to essentially break my lease when I move out and not be on the hook for rent after that if the landlord fails to make repairs within a reasonable time after being given notice. However, the school charged and took out all of spring rent from my scholarship package. I am already low income and was homeless before starting school, so I had nowhere to go anyway and had to find somewhere to live.

I asked the school for my money back since legally they were not allowed to take my property without due process, and they refused. I had reviewed all my options and I couldn't do anything else but pursue legal action. No attorney wanted to take my case despite the binders of evidence I had, things like emails with the school with them making negligent statements and whatnot, internal documents and inspection reports on the hazards, etc. I decided to go to small claims since the actual amount of rent they took from me was under the limit, and I could not afford or find an attorney to take it on in limited/unlimited civil for the potentially higher amount.

Before anyone asks why I didn't pursue other options, here is my answer:

I could not repair and deduct or withheld rent as the school automatically charges and collects rent from the student account with no possible way for me to adjust this, it just happens. In addition, I did not have the resources to hire the proper repair man for potential thousands of dollars in repairs in addition to the huge liability that I would be exposed to for altering school property, given the conditions of the hazards were not caused by me and were a well known and wide issue throughout the complex.

I also could not petition the local rent board for review of the situation as city entities do not have jurisdiction over state entities, which the university was. Therefore all matters had to be handled internally and any disputes against that would have to be determined in court based on state laws only.

And why I didn't transfer to another dorm? I didn't want to, simple as that. The landlord-tenant relationship between myself and the school had already soured, the time had already passed while I lived in those substandard conditions and there is nothing in the law that says I am required to relocate within university housing before or in lieu of other options. Even the requirement in the lease for disputes to be arbitrated by the university housing appeals board is void per 1942.1 of the Civil Code, since it says they "may" submit to arbitration not "shall".

I went to my small claims case with my binder of evidence, argued all my points, included all the necessary laws, and the representative of the school did not dispute or contract any of the facts. They provided non-specific two straw man arguments against my claims that I answered with the actual truth when the commissioner asked me about them, and he took the case under submission. Later that night I looked online on the records to see I won a judgement against the university for 1/8 of my original claim. I am extremely confused and do not understand how this calculation came to be as I literally gave the commissioner an identical binder with everything, the timeline, causes of actions, violated laws, laws that gave me my remedies, all the exhibits and emails and pictures and inspection reports. The school brought nothing that gave them a defense to their failure to make repairs, which was the whole basis of terminating my lease and being discharged from future rent obligations.

I am now sitting down trying to come up with options and the only things I can think of are either a form SC 108 to motion the court to cancel the judgement based on legal error since it does not seem the law was correctly applied. Or a petition for writ SC 300 as this situation is extremely unusual, involves different variables (initial hazardous situation, failure to repair, availability of remedies for me to pursue at my discretion), is not your usual landlord-tenant disputes as my options were very limited, and a multitude of government entities and various interpretations of the law that it does not seem like the commissioner correctly reviewed and applied the law pertaining to the evidence, thus a higher court needs to review the evidence and apply the law correctly and provide an accurate judgement amount. I understand Plaintiff's have no right to appeal on small claims but granting a petition for writ is discretionary, therefor I believe my case has some weight. I just want to know what I can do to make this option viable in order to get the money that is rightfully mine.

Answer:
 >I am now sitting down trying to come up with options and the only things I can think of are either a form SC 108 to motion the court to cancel the judgement based on legal error since it does not seem the law was correctly applied.

You have no evidence of this.  It is not going to succeed.

>Or a petition for writ SC 300 as this situation is extremely unusual, involves different variables (initial hazardous situation, failure to repair, availability of remedies for me to pursue at my discretion), is not your usual landlord-tenant disputes as my options were very limited, and a multitude of government entities and various interpretations of the law that it does not seem like the commissioner correctly reviewed and applied the law pertaining to the evidence, thus a higher court needs to review the evidence and apply the law correctly and provide an accurate judgement amount.

Your chances of succeeding on this are extremely unlikely.  The commissioner who heard your case is not stupid and has heard, in all likelihood, hundreds, if not thousands, of landlord/tenant disputes in many contexts.  Your case just isn't as special as you think.


Title: [California] Is it now ok to use substantial portions of copyrighted work in my own video?

Question:
Due to the win by h3h3 productions from the lawsuit by Matt Hoss, the judge has stated that "the extent and quality of importants of the video clips used by defendants were reasonable to accomplish the transformative purpose of critical commentary." ( https://www.courtlistener.com/recap/gov.uscourts.nysd.456608.116.0.pdf )

So...let's say I HATE Star Wars. Could I use substantial clips from the movie, comment on them, and upload to Youtube for monetization?

Answer: A district court case in NY does not create binding precedent in California.


Title: (STL, MO) Young teen neighbor needs help

Question:
St. Louis, MO. This really has me worried, especially as a mom. Our household is me (26, F), my husband (26, M), our daughter (2, F) (who was asleep for all this), my mother-in-law (50, F), & my father-in-law (60, M).

About half an hour ago, while I was in the shower, apparently one of our neighbors knocked on our door. We're guessing she's 13 and she's deaf; her brother "translated" for her. She said she needed to use a phone because her mom is missing. She used my husband's phone, then deleted the number after she talked to whoever she called.

That was the first red flag. Then there were many more red flags.

She then said she wanted to talk to my MIL in private. She tells MIL that her grandma doesn't like her 17-year-old boyfriend and has called the cops on her a couple times (for what, we don't know). She said she wants to talk to a social worker. She says she's adopted. She said she tried to talk to a counselor at school and that the counselor said she can only help with "school stuff."

Since I was in the shower, I can only go off of what my family tells me. They said she had a completely terrified look on her face, like she could burst into tears at any moment. We're taking everything she's saying with a grain of salt, but they said there was no faking that look on her face. To need help so badly that she goes to neighbors, that she doesn't even know, to use their phone and ask for help is what really has me worried.

If we call the police, will she get in trouble? It sounds like there's trouble at home.
How could she get in touch with a social worker?
Any other advice is appreciated.

Answer:
 IANAL.

I would call CPS and let them handle any investigations. I’d also indicate the girl was extremely scared and afraid during this incident. If she went to the counselor already, the counselor is a mandated reporter and, frankly, her school counselor sounds like they might be overwhelmed and just checked out of their job (however it doesn’t make it any less ok that the counselor turned her away).

It’s likely she is deleting the phone number behind her in the event that her grandmother comes knocking and ask if she used a phone. If she’s being abused in any way, she’s likely covering her tracks.

I’d be curious to know if the brother was also afraid.


Title: My car was totalled by a truck. The trucking company is giving me the run around. Need some advice

Question: [removed]

Answer: Why haven't you gone through your own insurance yet?


Title: Charged with Contempt of Court for "obscene check memo" from 8 months prior (ND)

Question:
Hello all, I just had an unexpected run-in with the law earlier tonight in which I was pulled over for speeding and then arrested for a charge of Contempt of Court. Was later told the charge was from a previous fine that I paid along with a check memo-ed as "eat pigshit and fuck yourself". The court cashed my check with no problems *8 months ago. No other notification was provided to me about this warrant until tonight.*

After I was released on bail, I was given a copy of the warrant and the officer suggested to look up the "code" [NDCC 40-18-14](http://www.legis.nd.gov/cencode/t40c18.pdf?20150228014917), wasn't really explained further than that, it's all legalese.

Some questions/concerns I have:

* Is there any other reputable legal information on such cases? Most of what I'm finding is all about child support/custody cases... I've been reading news articles about related issues of obscenity in fines paid vs. free speech/anger venting, most of which seem to make a point that it's a frivolous matter or that someone's on a power trip. I stand by my statement (and I believe I wrote it indirectly, to no person in particular) and I feel the court system is turning this into some perverse form of retaliation/punishment. Leading to my next point...
* Is this a normal occurrence for a seemingly unimportant offense to be processed in such a manner? Why wasn't I just sent a letter in the mail or something similar? I was close to 60 miles from home, forced to leave my car on the side of the highway, forced to kennel my dog overnight at the town's local veterinary clinic, and forced to beg a friend to drive said 60 miles to post my bail of $300 due to the bail bondsman not working during the hours of my arrest (there's no bondsman working 8pm on a Friday?). None of this is taking into account any possible actions from the court proceedings, which is apparently a maximum of $1000 fine, 30 days in jail or both.
* I have a court appearance this Wednesday 3/4, not sure what I'll need to do to prepare or if a lawyer is necessary. Is this likely a one-time appearance or will this go somewhere further?

Not sure if I left out any overlooked details.

TL;DR wrote a nastygram on my check to pay a fine which was cashed by the court. Forgot all about it until I was pulled over 8 months later, arrested and jailed later without any warning.

Answer: You should try not to piss off someone who has absolute immunity in all but very rare cases.  You aren't going to get the last word.Answer #2: Yeah, hire an attorney and throw yourself at the mercy of the court. You screwed up. No one was obligated to tell you there was an arrest warrant with your name on it either. Just suck it up, take your lumps, and think of it as a "teachable moment" (after consulting a local attorney, of course).


Title: Life plus 10 years?

Question: Perhaps I am missing something. What is the purpose for a sentence of life plus 10 years?

Answer:
 Life doesn't mean forever. Life is a minimum of 25 years without consideration for parole. Any time past the minimum life sentence you get, you are eligible for parole. That's why people get multiple life sentence, cause it doesn't mean until you die, so you can possibly do multiple. If you receive life without parole, that means you're never leaving prison.
 If a 12 yr old committed mass genocide and necrophilia and armed robbery and kidnap etc etc at the same time, they could get like 3 "life sentances" and be in prison for 75 years. They could be released on parole straight after, as they could potentially survive these life sentances.
 If a 50yr old gets those 3 life sentances, they not gonna live another 75 years so basically have life without parole but in a "technically you could be released" way.


Title: 17 year old looking for parentsl abuse help

Question:
I'm not sure if this is the right sub for this but I'm looking for any insight and will post this in the appropriate place if someone can point me in the right direction. For context, I am a seventeen year old boy living with my parents in Michigan. There have been a few instances of abuse in my family, and a particularly bad episode happened last night. Yesterday, I was hanging out with my girlfriend and had a few beers with her father as she was taken to the hospital after vomiting blood (she has had stomach ulcers and kidney stones in the past and he believed they had come back). I had my friend pick me up from the hospital and drop me off at my house as it was getting late. When I arrived home I was in no way drunk, but my parents smelled the beer on me and freaked out as they are severely against drinking. We got into a huge fight, and my dad hit me in the back of my head as I was walking down the stairs with my back completely turned to him after I called him a pussy. I turned around on the stairs and proceeded to repeatedly punch him in the face splitting some skin on his forehead and splitting all of my knuckles open in the process. My mom started screaming and told me she was calling the cops and said that I am not to return to the house, so I quickly packed a bag and called a friend to pick me up.
This is not the first time my father has gotten physical with me and also not the first time they have attempted to kick me out of the house. I would like to know what legal action I can take against them as they have always had access to my bank account with 3k of my own money which I have earned by working throughout school, and I have no means to pay for anything at the moment. I also wish to know what options I have for paying for college next year, as I have a 4.7 GPA and was planning on attending the University of Michigan in the fall (my parents have enough money set aside to pay for all 4 years for me) but is unlikely I will be able to use that money now. I am fairly confident that my mother will lie to any police officers or CPS workers if they get involved as she was the only witness, and I know for a fact they have pictures of my father after I gave him a black eye a couple months ago after he began to hit me after getting in an argument with me. I should add that I have never once struck my parents without being hit by them first, but I have defended myself and fought back whenever they get physical with me.

Answer:
 If you are being abused then call CPS, but also be aware that you did in fact commit an assault as well. Answer #2: Just an FYI.  Michigan allows for parents to use physical force on their kids for discipline.

>(9) This section does not prohibit a parent or guardian, or other person permitted by law or authorized by the parent or guardian, from taking steps to reasonably discipline a child, including the use of reasonable force.  [Source](http://law.justia.com/codes/michigan/2006/mcl-chap750/mcl-750-136b.html)

So then the argument turns to if it is reasonable to pop your kid in the back of the head after he calls you pussy after he has been caught drinking alcohol.


Title: (Iowa) drank with friend who destroyed his fiance's television, monther of fiance want to sue me for damages. laugh or be afraid?

Question:
Over the weekend me and my pal hung out at his fiance's house. The rule there is no drinking. We left had a few shots then I dropped him off and left for my own house. His fiance's and him got into an argument and he punched the television. The homeowner, aka the mother, wrote me a message on Facebook stating she is holding me responsible for the damages and will be sending me the bill. She then went on to say if I didn't pay she would sue me for the damages and see me in court.

No police reports were filed against my friend. And he's actually taking my side on this one.

Should I laugh it off?

Answer:
 She'd have to prove that you have some duty to prevent your friend from punching the TV. Failing that, she has no case. She has to establish that your actions led directly to the damage. As others have stated, if you provided alcohol to someone underage, she might have a shot at getting you charged with that, but even then, I don't see how there is a link between you giving anyone alcohol and them destroying someone's property.

Regardless, respond promptly to any and all court summons.Answer #2: She has a small claims case against him that she likely could win, but not against you.


Title: (Michigan) My work doesn't pay overtime AND holiday pay at the same time

Question:
So the company I work for doesn't pay both overtime and holiday at the same time. Example:
Anything over 40 hours is overtime, time and a half. So if I work 48 hours, I get 40 hours 1x rate, 8 hours 1.5x rate. Hours worked on holidays are also 1.5x.
However, if I work 48 hours INCLUDING a holiday, I still get 40x1 and 8x1.5.

Shouldn't I get 32x1 and 16x1.5?
Topic:
Labor Law

Answer:
 There are no laws regarding holiday pay in your state so they can organize it however they want.

>http://statelaws.findlaw.com/michigan-law/michigan-legal-holidays-laws.html


Title: Sister in Law won't let me or family members visit my nieces (AUS)

Question:
My brother passed away in December 2016, and his wife has recently started ignoring messages from myself and my parents.

They had 3 daughters together, and she has recently started seeing someone new, which is exactly when she started to ignore our attempts to organise visits.

I used to look after my niece's semi regularly, and they would come over and stay at my place, usually on weekends when they were free. I have plenty of evidence in the form of Facebook Messenger conversations organising all of the previous visits, but since she has started seeing someone, she has stopped replying and when she does, she just says generic excuses like, "we are busy all month".

My question is, as an uncle, and also my parents as grandparents, do we have any rights to visitation? Can I see a lawyer and try and take her to court to get visitation rights? It seems abundantly clear that the new boyfriend is the cause of this, as the last time my niece's were allowed to visit my parents, my sister in law updated her relationship on Facebook and went public with the new boyfriend (without any of us knowing either), and since then.. none of my brothers side of the family have seen my nieces.

I am located in Australia.

Answer:
 https://www.reddit.com/r/AusLegal

The grandparents might have rights to visitation, but I doubt you as an uncle have.


Title: I have a court summons for a marijuana paraphernalia charge, what can I expect? (MN)

Question:
I was recently pulled over for speeding, and the officer searched my vehicle and found a pipe (nothing else).  Yesterday I received a court date for an arraignment.

When I lived in California I had a legal permit for marijuana, if that's relevant.  Since moving back to Minnesota I have 3 charges of marijuana possession (small amount) on my record.

While it's only a paraphernalia charge (I've never received a DUI and don't drive impaired), I'm worried my record could work against me.

What can I expect at the court date?

Will it just be a fine and a petty misdemeanor on my record?

Am I likely to have to undergo drug testing, just for a paraphernalia charge?

Would I be facing some kind of probation, and if so what might that look like?

Is it necessary (or advisable) to hire a lawyer for this?

Answer:
 >Is it necessary (or advisable) to hire a lawyer for this?

It is very advisable to hire a lawyer for this because of 3 past charges for marijuana possession. Also stop breaking the law. You seem to have a habit of not learning from your past mistakes


Title: can one still own "child pornography" if it is a video of high school you having sex with your high school girlfriend?

Answer:
 Most importantly, don't ever ever ever never ever send that video to anyone over the internet.

EVER.

That would land you in a federal prison for a minimum of 5 years and, depending on the content of the film, possibly around 20. That's right. 20 years.

Don't fuck with the feds on this.


Title: [TN] An apartment complex paired my niece in with a psycho roommate. What are our options?

Question:
My niece recently went back to college after having a fair amount of curve balls thrown her way in her first year. After her long search for an apartment she landed on a complex that "specializes" in pairing college roommates together. So she moves in and all is well for a short amount of time.

&nbsp;

The roommate apparently begins to become jealous. To my knowledge she is jealous because she thinks her boyfriend is attracted to my niece. She begins to send me niece numerous death threats and other threats to induce bodily harm through text, email, and in conversation. My niece is absolutely terrified.

&nbsp;

After confronting management on this issue they said there was nothing she could do unless she could find someone to take her place in the apartment. Otherwise she would be stuck with the bill until the lease is out.

&nbsp;

My niece is currently living with a friend and refuses to go back to her apartment. To my knowledge the roommate has not actually hurt her in any way, but obviously this is more about prevention. What are our options in attempting to get her out of her current housing situation?

&nbsp;

Please comment or PM if you have any other questions. I will be willing to answer what I know.

&nbsp;

Edit: Formatting and Spelling

Answer:
 Nobody is gong to PM you.

Has she reported the threats to the police? It's against the law to threaten to kill somebody.Answer #2: The threats might be grounds for a RO or PO, either way the roommate would be forcibly relocated.


Title: Tenant Ended lease with 15 days notice (Toronto, Canada)

Question:
About a month ago, my tenant gave me 2 weeks notice that they would be moving out at the end of March due to their job moving locations. She provided me with a person who was interested in taking over the lease, but due to some issues with the condominium HOA not allowing leases/subleases under one year, we signed a new lease altogether.

After speaking with the initial tenant, it was agreed that she would forfeit her last months rent due to the circumstances of her abruptly ending her lease (which would have expired July 1st 2017).

After starting the lease with the new tenant, the new tenant stated that she spoke to the previous tenant and they had decided that since she provided me with a new tenant to replace her, she was not obligated to forfeit her last months rent, and that the old tenants last months rent would carry over to the new tenant, and at the last month of the new lease lease the new tenant will pay the old tenant, making everyone whole.

Since this had been discussed, I have not been able to reach the old tenant. I still have her rent checks for the rest of the year.

Should I hold onto the checks? Should I rip them up? Should I cash the check for the first of April? (I have no proof that she agreed to forfeit her last months rent, and AFAIK I have no way to reach her so I don't know how to proceed.

The lease is from OREA (http://www.ryerson.ca/content/dam/housing/Off-Campus%20Housing/Sample%20Lease.pdf) and from my knowledge makes no mention on circumstances of breaking the lease.

Answer: I'm not familiar with Toronto law specifically, but generally under common law a landlord can't double dip on rent. You may be able to charge your tenant a penalty for breaking their lease, but if you have a new tenant paying rent you can't also charge the old tenant for rent for that period.


Title: Dentist told me they don't accept my insurance after I had 4 procedures done.

Question:
Originally saw the dentist in September 2017. The receptionist brought me a break down of costs explaining what I would pay and what my insurance would pay. This was after she reviewed my dental card. Today, after 4 months the receptionist tells me they don't accept my insurance and I have a bill to pay - $1,300. I have already paid about $800 for my supposed deductible. I contacted my insurance, it's true they are out of network and not covered. My last visit was 10/16/17. My insurance mailed the dentist a denial of coverage notice on 10/6/17.

The dental card says what type of plan I have right on it and that would tell the receptionist whether or not they take it. It's a Dental HMO plan and the dentist does not take Dental HMO and have not since 2014. My card says HMO right on it.

Receptionist says it's my responsibility to ensure they take my insurance. My biggest issue is it says what type of insurance I have right on the card. She tells me they take my insurance  and gives me a breakdown of what I have to pay for each appointment and that's what I paid.

Am I stuck having to pay the bill? Anything I can do to get away with paying what I was told to pay and nothing more?

This happened in Auburn, WA USA

Answer: The receptionist is correct. At the end of the day it is your responsibility to ensure you are seeing a covered provider. You can post over in /r/insurance for better advice.


Title: Explanation: At gaming coventions, people sell shotglasses and beer mugs with known Logos on them. What is the legal explanation?

Question:
Location: South Carolina, USA

I searched them is subreddit using relevant terms and didn't find the answers I need. If the answers have already been covered elsewhere, I apologize.

----

A friend is wanting to put some logos on pint glasses, possibly seeking a few online via Etsy or something. The logos are from a well known computer game.

I have seen gaming conventions where people have setup booths selling products with trademarked or copywritten images etched into them. I've not ever heard of Blizzard or any other big game company during these individuals.

My question is, what is the legality of this? Part two: What is the unofficial, realistic answer?

Do the companies not sue if only a small amount is sold? Is there a loophole used for people to sell these images on items? Any advice or information is appreciated.

Answer:
 It's only legal if they have a license from the owner of the logo.

Part Two: They haven't been caught yet.  There's no threshold under which you won't be sued, but you can be small enough that nobody who's in charge of caring actually catches you for a while.  That's mostly what it is.


Title: (Texas) Boyfriend is threatening to throw me out/refuse to pay rent even though we're both on the lease.

Question: [deleted]

Answer:
 He can stop paying rent. That obligation is between the two of you. You and he area equally 100% responsible to pay rent (assuming you both signed one lease). So if he stops paying, you are responsible to pay all the rent. And yes you both have the same right to live there. So neither one of you have to leave.

Yes you can reactivate your child support if you want.

Contact your local bar association for lawyer referrals

Also, with a child in the home, throwing stuff around like you are 5 is stupid, illegal, and abuse. Stop acting like kids and learn to solve your problems without violence. Answer #2: Many states allow you to break a lease in cases of abuse. You may want to contact your local battered women's shelter. They should know local laws and requirements to prove abuse, in a legal sense, to a landlord. Once you get a new address, that may be proof enough to remove your name from utilites. (I have no idea). A shelter should also have resources and information on getting out of an abusive situations.  Good luck to you.


Title: [CA] my vice principal stole my bike

Question:
I was with my friend and we had the great idea of climbing the roof of our school. (We are complete idiots) once we get up there, my vice principal for whatever reason is at school on a Sunday and sees me. I heard his voice but couldn’t make out what he said because I immediately bolt across the roof and run over to my friend who was behind an air conditioning unit. We sit up on the roof doing stupid shit together, and we decided he probably walked out of his room while he was on the phone and hadn’t seen me. We go down from the roof and find that both our bikes are missing. There is also a note above where we had parked our bikes, saying “your parents may pick up your bikes on Monday “.

1. Was I trespassing or doing other illegal things? There’s no sign about trespassing and people are allowed on campus over he weekends

2. Did my vice principal do anything illegal by like basically stealing my bike?

Answer:
 Sorry dude... You kinda f'ed up... Face the music and take it like a manAnswer #2: Your VP did nothing illegal.

You did something stupid.

Notify your parents.Answer #3: You've got no leg to stand on, or bike seat to sit on.

While at that school you are under the care and control of the principal. He can confiscate your phone in class. He did confiscate your bikes. You will have no hope with the police.

I see in another reply you wrote "wow that's dumb". If it's a circlejerk you're looking for you're in the wrong place.

Before you argue further, because I get the feeling you are fishing for an answer, IANAL but I am an experienced cop. This is not theft. You screwed up. Take the punishment and move on.


Title: I lied about my age to a person looking for my dad, what can be the consequences?

Question: This guy came to my house looking for my stepdad, my parents werent home and im 18, he started asking questions about my stepdad and i, i immedietly knew that if i answered i was 18 he would be able to give me the papers about a lawsuit, so i said i was 17, he wrote down my first and last name my age height weight when i asked why he was doing this he said he does it to everyone, im paranoid af what can be the consequences of this? Velocity Invesments btw.

Answer:
 You have no obligation to furnish strangers with your personal details while guessing as to the reason they want them.

 You should remove the reference to the business name.


Title: [NY] Best way to transfer a house into my name in order to prepare for potential bankruptcy filing?

Question: Hi. My parents (mainly my dad) have had a not great decade and have had to max out a ton of credit cards in order to do things like fix cars so they can get to work, repair the house when pipes burst, etc. They are in terrible shape financially. When my grandparents died a few years ago, their house went into his name with the assumption that my sister or I would move in. Right now, my sister lives there (and pays for all of the bills/taxes), but the house is still in my dads name. I would like to move in to that house in the spring, but my dad is looking into filing for bankruptcy, and I don't want to lose my chance at the house that is intended to be mine (there is no mortgage involved, it's completely paid off). I had a free consultation with a lawyer about tranferring the deed into my name, and he quoted me around $1500 to do this. Is there a better way that won't cost so much money? Is it possible to fill out a quit claim transfer myself, and would that protect the house if he files for bankruptcy after? Thank you for any and all advice!

Answer:
 Nope, that's not how it works. Any property that your dad gives away within 2 years before his bankruptcy filing is considered a *fraudulent transfer*, and the bankruptcy court can unwind that transfer and apply the property towards your dad's debts.

How much is the house worth? New York has a homestead exemption that ranges from $165k to $331k for a married couple, so if it's worth less than that, you probably don't have to worry about the house in the bankruptcy.

(edit: corrected amount of homestead exemption)Answer #2: That is called hiding assets and is super illegal.

He can't give you his asset and then file for bankruptcy.


Title: [NY] Legality of keeping cats in a shed

Question: [deleted]

Answer: Think you should be fine, Bubbles.


Title: Advice for naming a baby needed! (England, UK)

Question: My due date is very soon and I know what I would like to name my child but I'm not sure if I can from a legal standpoint. I am not with the biological father of the baby, I left him as soon as I could after I found out I was pregnant (domestic violence). He is having no relationship with my child and is not being put on the birth certificate (mutual decision). I will be the only registered parent to the child, but I am with another man who will be known as "dad". I would like to double barrel my child's surname with my surname followed by my partners surname but I don't know if I can as he isn't legally or biologically the child's father and we are not married. Does anybody know the answer to this? Thanks in advance!


Title: [CA] [18F] I've been referred to the School Attendance Review Board (SARB) for poor highschool attendance, what should I do?

Question:
I've slacked off too much this semester and have missed around 23 individual periods, each semester. Recently, my family got a letter saying I would have to meet with SARB to resolve this issue. I've already been accepted to a university and I don't want to be rescinded for this mistake! I have some questions regarding this process:
- I'm 18 years old and have not surpassed the district quota for missed classes... Is attendance even an issue anymore?
- What can I do to prevent my college from rescinding me because of this?
- I read the CA education website and it says that I have to be labeled a "habitual truant" before I'm allowed to be referred to SARB. In order to be labelled a "habitual truant" the school has to make an effort to set up a meeting with my family to resolve the issue. The school has not made such an effort (does a letter saying that I have an afterschool make-up session count) so are they allowed to label me as a "habitual truant"?

I know this isn't as big of a problem as many of the other posts here but I'm pretty scared so any help would be appreciated! Thank you so much
Topic:
School Related Issues

Answer: I'm not sure what you're expecting. Go to the meeting and do whatever the SARB wants you to do. Maybe you have time to correct your mistakes before it's too late. Sounds like they absolutely have the power to derail your college acceptance. Get ready to kiss some ass.


Title: Is the you plus two law in Fort Collins, CO legal?

Question: In Fort Collins, CO it is illegal to have more than three unrelated people living together in a house, even if it has more then three bedrooms. This is particularly discriminating towards students at CSU forcing them to pay higher rent. How could someone get around this law? What are my options?

Answer:
 >How could someone get around this law? What are my options?

Move.

Or get the house designated as an extra occupancy rental house. Answer #2: >This is particularly discriminating towards students at CSU

I'd be willing to bet this law is *aimed* at students of CSU. The city doesn't want a bunch of party houses all over the place.


Title: My sister was mildly electrocuted during an in class experiment. [Texas]

Question: My sister is a minor in high school and during a physics class the teacher had the students touch one of those electric orbs that makes your hair stand up. I'm not sure about the exact details, but she had headphones in one ear and when she touched the orb, the earpiece shocked her. She was feeling numbness on that side of her face and even now still has some hearing loss in that ear. She'll be going to the doctor tomorrow morning but in the meantime I definitely would like to confront the administration since I believe that there was some negligence on the teacher's part. I'm not necessarily interested in litigious action but I would appreciate advice on how to proceed.

Answer: You should scratch your head, say, well that's a helluva thing, and move on with your life.Answer #2: You mean she was wearing an earbud in one ear during a phyics class? Wouldnt the school, in their defence just state she shouldnt have been wearing or using a music device in class? How is any if that the teachers fault?


Title: I don't want this bitch to keep my last name!

Question:
My brothers ex wife is in prison serving an 18 year sentence for attempted 1st degree murder and is due to be released in June 2021.

Back in 2005 (while my brother was in Iraq) this bitch joined a group of skinheads and tried murdering one of their own. They (4 of them) failed in their attempt and the woman survived.

My brother finally divorced her but she still has our last name! This really chaps my hide because I absolutely do not want my last name affiliated with scum like her!

Is there any way I can legally force her to take back her maiden name or does my brother have to do it?

Thank you!

Answer:
 You can't force another adult to change their name.Answer #2: You can change your name.Answer #3: You can't force someone to change their name because you don't like it.Answer #4: Even if she was to change her name, the fact remains that when you google this crime her name is going to be your last name in all the news reports.  Whatever affiliation you are hoping to erase or avoid- the damage has been done.

Your last name isn't uncommon regardless. Answer #5: That's a bummer. You can't make her change her name. Answer #6: Wait, I just realize she’s in prison she’s not doing anything with your name until she gets out.


Title: Busted for Mary Jane in Idaho and scared!

Question:
So, I'm scared, as you can tell by the title. Why? I live in Idaho and they're very strict with their laws containing marijuana. I was driving home from work at 12am, on a Sunday and was extremely tired. Someone (I wasn't paying much attention to anyone following me as I was just trying to get home and go to sleep) was following me home and called me in as a DUI because I was swerving on the road. I get home and get ready to snuggle in my bed from a long 8 hour shift when I hear a knock on the door. Now, I live with my parents so the first thing I did was run to my parents room and tell them there was someone knocking on our door but i told them it didn't sound as if it was a cop. (I thought it was our neighbor.) My parents go to the door and they ask for me. I come to the door and they flash a flashlight at me and ask if I am drinking or have been drinking. I reply "no, I just got off work and I'm tired" they ask me a couple other questions and then finally told me that they knew I wasn't under the influence. They didn't give me a sobriety test either. I explained that I was tired from a long shift which caused me to swerve on the road.

THIS IS WHERE IT WENT DOWN. He asked for my drivers license and walked to my car with me. I opened my door and he immediately says my car reeks of marijuana. I act somewhat dumb knowing I had some from a previous incident. He asks if he can search my car (me being dumb, let's him search) he finds a little purse with a bag of marijuana (a gram or less) and my grinder (which I bought at a 18+ tabacoo shop.) Also, I'm 18 if that helps with anything. He then says he won't arrest me as it's minor and he has better things to do. He understood that I was a good kid and said he hopes to see me in a few years with a badge on and promised that he wouldn't judge me for this. I'm going to school for criminal justice (yes, I know. Stupid discussion making on my part. I already know and have already knocked myself down for it. All I can do is learn from this.) I have nothing on my adult record (I had diversion when I was 15 for alcohol but finished the program.) He then wrote me a citation for possession of marijuana and possession of phara. There was also a date on the citation as to when I need to call the clerk of justice to schedule a court date. I'm so scared as I've already mentioned. I want to be a detective/profiler and I'm currently going to school for criminal justice as my major and psychology as my minor. I work two jobs and also volunteer for my community to help better my experience when I want to apply for a future job.

Just have a couple questions I feel I need answered to relive my stress/anxiety I'm having. Some you may or may not know the answers to but if you've had previous experience with these charges, your experience and knowledge would be very appreciated. What should I expect at my court date? I'm going to plea guilty (I can't afford a lawyer and I really just don't think it'll help me in the long run.) Would it be considered my second offense since I got diversion when I was 15? Or would it be considered my first offense as I'm now an "adult?" Should I be taking online or in person drug and alcohol classes to be proactive about my charges before I appear in court? Would that look good to the judge or be a waste of time and money? Will I go to jail? (Super scared about this.) Since it's my first adult offense, could it play out that I go to court and he/she just issues me a fine to pay and I move on with my life? (I know that's very unlikely but I'm just trying to hope for a light in this darkness.) Would I likely be going on unsupervised probation or supervised probation for these charges? I was also going to bring any further information that would show I'm not just some stoner who doesn't do anything with their life like - my two scholarships I recently received my senior year of high school, a copy of my diploma showing I graduated high school, my top scholar reward I received from my school, proof of my high GPA? It could mean nothing to him or her but would it help me in any factor? Any additional advice would be greatly appreciated. I'm nervous, scared, and ashamed. I don't need to hear that I made a mistake. I'm very aware and won't be repeating this mistake ever again. I talked to a couple people at my school and they said it won't effect my schooling. I know it's just marijuana but it's my career that I'm scared for. It wasn't worth it. My future/career is so much more important. Thank you for taking the time to read. I hope it made some sense. I'm nervously typing.

Answer:
 In the future, yeah, please consolidate your story. Ridiculously unreadable.

Your accolades and crap are irrelevant here. Not a clue why you'd plea guilty. You really need a lawyer. You're facing two misdemeanors, with a potential of $2,000 in fines and 2 years in jail. Yes, if you don't handle this, it can affect:

* your future employment prospects
* your financial aid

Your future career in law enforcement is already affected. You cannot expunge court records in ID, so they will forever see you were charged with two misdemeanors. Answer #2: > I explained that I was tired from a long shift which caused me to swerve on the road. THIS IS WHERE IT WENT DOWN.

Cause you foolishly and unnecessarily just confessed to a crime.

> and promised that he wouldn't judge me for this.

The Judge might though...

> What should I expect at my court date?

Get a local attorney. Idiots on the internet can not tell you how a court in Idaho will specifcally handle your case. We are for general issues and questions.

Generally, if you care about your future don't commit obvious crimes.


Title: Doctor not allowing single mother to go to work and doesn’t get any form of money

Question: So my mother had some type of breakdown and the doctor doesn’t want her to go to work yet and it’s been 8 months. she is in debt from paying all the bills and apparently we don’t meet the needs of social security checks. What can we do. By the way we live in Arizona.

Answer:
 She doesn't need a doctor's permission to work. If it's dangerous for her health, she can apply for disability.Answer #2: If she's on doctors instructions to not be working, you need to clarify with the doctor. What is the nature of this reccomendation? Is this something they think your mom will recover from? If the doctor has a legit reason for work restrictions, your mom should be eligible for STD or SS. Need more details. Answer #3: I agree with spamwarrior.

And there's a difference between a medical restriction and the doctor advising against working.   This is something that should be clarified.  If it's the latter,  she can work anyway.   If it's the other, it would depend on the restrictions and specifics of the situation.


Title: (CA) Leasing agent acting sketchy. Forgot to get some things in writing--can I use email?

Question:
Hi,
So it's my first time renting an apartment by myself and so far it has not gone so well. I found a place with 3 other people, we are moving in in May. I paid a $1000 holding deposit that says the agent will hold the place for me until we start the lease. I signed this agreement in person, and she signed it too, and I took pictures of it with my phone.

I later realized the paper says stuff about the holding deposit, and the price per month of the actual lease, but nothing about the deposit at all--that stuff was negotiated only through word of mouth. I realize now I should've definitely gotten this in writing.

Anyway, she wants me to transfer $6000 as a deposit direct to a bank account, which I'm fine with. But in the case that something weird happens and she backs out, I'd like to be able to get my deposit back. Can I send her an e-mail agreement saying that the 6000 I'm transferring from XX account to XX account will be for the deposit, and if she backs out, then I get a refund? If she "signs" it by sending the email back and typing her name at the bottom, does this constitute a legal signature? Or should I do something completely different in this scenario? The reason it's not practical to go in-person to sign it in person is the apartment is about 3 hours away from where I live currently.

Thanks, and please let me know if you need more information.

Answer:
 Have you met this woman in person and physically been to the property and had her open the door for you and show you around?

If not, I'm putting money on rental scam. Your $1000 is probably gone, if you send her another $6k sight unseen expect her to vanish and the key she mails you to not fit the front door.


Title: Eviction request from landlord for building inspection. [San Jose, CA]

Question:
Hello Reddit!

Two weeks ago I was called by my landlord and informed that our house was reported and we were going to be inspected by the building department. We were told that we would have to move out for the inspection, and that they would return this months rent for our trouble.

Here are some important points:

* We live in a converted basement of a house that has been partitioned into two separate units.

* They send us money on Paypal for rent, but non of us have accepted the money they sent us.

* This is the first month of our new lease, after having lived here for over a year already.

* They have not provided us with written notice to vacate.

* They removed our stove and are unwilling to return it, so we are now unable to cook food for ourselves in the kitchen.

* School started this week, so most of the rentals in the area have already been filled for the semester. This has left us (three students) with very few options within our budget to remain living close to school.

What would you guys recommend for this situation?
What compensation are we entitled to?
Would this be a good time to get a lawyer involved?
Should we just ignore them and just buy a toaster oven??

Any advise would be great,

Thanks guys :)

Answer: There is a pretty strong tenants' union in that area, I would contact them to start. If they can't help you negotiate something better they may be able to recommend an attorney.


Title: [Florida] Mother-in-Law Got Rear-Ended, and Got a Ticket for "Improper Lane Change". Does She Have a Case? (Pictures Included)

Question:
My mother-in-law got into an accident today, and (while I was not there) here's her account of what happened.

Both vehicles were driving along a six-lane road.  She was changing lanes (from the right lane) to the middle lane of the road. At the same time, another vehicle was switching lanes from the left lane to the middle. Vehicle 2 collided with my MiL.

A police officer arrives (not on the scene when the accident took place), wrote her a ticket for "improper lane change", while the other driver did not get a ticket at all. I'm under the impression that since she got a citation (and the other driver did not), she may be found at fault for the incident.

Link to pictures of my MiL's car:
http://i.imgur.com/CbiBX8P.jpg

Personally, I think it looks like she was more into halfway into that lane before the car collided with her, and she should not be considered solely at fault (if the fault is hers to begin with). Just curious if she has a leg to stand on if she goes to  court. Thanks for the help in advance.
Topic:
Traffic and Parking

Answer:
 She can certainly go to court and make her argument.  It may or may not fly - that depends a lot on the other evidence involved.Answer #2: How can you tell anything from the picture?

There are 2 scenarios here.

1) MIL was in lane and other car hit her from behind (unlikely since other car would have seen a turn signal or something)

2) Other car actually made it first and MIL ran into them. (MIL should have looked over shoulder, seen other turn signal and not changed lanes


Title: [TX] Is employer taking me for a ride? $10k termination penalty!

Question:
I am seeking advice for my wife. She is a recent graduate and a practicing dentist. She plans to set up her own practice eventually in the state of Texas, but in the meantime, she is looking for associate dentist positions at existing dentist owned practices.

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I work in tech for a Fortune 500 company, and our employment agreements especially around termination of employment are pretty straightforward. If my employee wishes to 'lay me off', then I am entitled to 3 months of severance. If I wish to end my employment with my employer, I need to provide the 2 weeks notice. This is pretty standard in the industry I work in.

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Now on to my wife and the arena of the dentist-associate-position. Most dentists offering an associate ask for some sort of contract that runs for a year. The specific one that I am looking at right now (well, technically my wife is looking at it, but I am her lawyer and CPA rolled into one) mandates 3 things

1. Probation period for the first 2 months. If my wife wishes to end her employment within this period, she needs to provide 30 day notice.
2. After the probation period is over, for the rest of the 10 months of the contract, if my wife wishes to end her employment, then she needs to provide a 30-day notice AND $10,000 penalty for the early termination.
3. If her employer wishes to terminate her employment, at any time (probation + rest of the 10 months), then the employer can do that instantly without notice and without any severance. She will only be provided wages till the day she is terminated.
4. My wife cannot practice dentistry either as an associate or as her own practice in a radius of 5 miles for a period of 2 years from the termination of her practice.

I find points #2, #3 and #4 to be ridiculous. I am specifically asking how binding are these contracts in the state of Texas? We have heard things such as 'Texas is an at-will state when it comes to employment', but I have no idea what that means. I don't get it how an employee can be penalized monetarily if they were to leave a job. For #4, I understand the employer wants to protect his/her business, but we have asked to negotiate that down to 2 miles and a period of 1 year.

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Thoughts?

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Thanks!

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Answer:
 In the field of dentistry, employment agreements for a year or two are very common. Stating a specific amount of money in order to break the contract is not unusual, and of course you can negotiate the amount *now*. I would advise most people not to agree to a one way contract, where the employee is stuck, but the employer can terminate any time.

Non competes are also very common for dentists. Note that this one is only a 4 mile radius, which a court would generally see as reasonable. She could still practice in a different part of town.

Edit: I forgot to add... This is a great time to visit an attorney. Employment agreement review is reasonably inexpensive, and could save you a lot of money and headache later.


Title: I am a 100% commission employee. If I don’t make minimum wage, they pay me “subsidy” pay to make up the difference. However, they make us pay that back out of our next paycheck. Can they do this?

Question:
I am in Ohio and work at a car dealership.  We are flat rate commission, and there is no draw. Say one pay check I only average $5.00 an hour. The company pays us the difference to make an average of $8.30.

This is where things seem sketchy to me. They make us pay that back on our next paycheck.

So say they paid me $200.00 on my last paycheck to bring me up to minimum wage. On my upcoming paycheck, they will take as much of that back as they can without putting me below minimum wage.

How is this legal?

Also, say I worked 100 hours, so had 20 hours of overtime. If we hit “subsidy” pay, they only pay us minimum wage for all 100 hours. I thought that according to the US dept of labor, they had to pay us 1.5x for any overtime worked when it is a commission position?

Please help. Sorry if any of this is confusing

Answer:
 >How is this legal?

This part is probably legal. You make at least minimum wage very pay period. Your commission is adjusted based on previous performance and current performance.

>Also, say I worked 100 hours, so had 20 hours of overtime. If we hit “subsidy” pay, they only pay us minimum wage for all 100 hours. I thought that according to the US dept of labor, they had to pay us 1.5x for any overtime worked when it is a commission position?

The supreme court actually just settled this earlier this year in Encino Motorcars LLC v Navarro. As with everything there are a few nuances but the short version is that car salesmen are exempt from overtime.Answer #2: Also a car salesman this system is very common, if you want to avoid this work for an import brand like Toyota they generally are salary + commission but if you are topping the sales board frequently you will make less annually.Answer #3: If this is an ongoing issue for you then you have nothing to worry about as you won't work there for long. If you can't sell enough to cover minimum wage they will let you go soon. Answer #4: Pretty much every car sales job is going to be like this, from salesman to general manager.


Title: I was arrested for saying 'fuck the police'

Question:
[removed]
Topic:
Troll Post

Answer:
 What's the term for when a boat drags baited lines and nets behind it? I can't remember. Answer #2: As it's New York, I feel like I'm partially responsible here. This is a problem that isn't exactly infrequent. While you do have the right to free speech and all of that fun stuff, it's obviously limited. In this case, as you were being disorderly with your public shouting of obscenities, the disorderly conduct will likely be above board. Similarly, if you resisted arrest, that's obviously on the table as well.

It's not malicious *prosecution* either.


Title: Obligations after spouse death - NJ

Question: Am I responsible to pay debts my deceased husband incurred for legal work with regard to his former alimony or even medical bills?

Answer:
 Good question.  Married?  Did you own property together? ie his half of the marital assets?   Anything to probate?  Joint assets?

Nolo press book or find a free consultation.   The other party will proceed with their collections efforts if they believe they can get something.   They may also issue a 1099C forgiveness of debt to be filed with your last years joint taxes. (thus insuring that you pay something even if they collect nothing.)


Title: Just now received Unpaid leave of absence papers from corporate after being off work for a month on Short term Disability. What to do?

Question:
I work at an apartment complex with only about 6 of us including me. I told my manager (Property manager on site) I was having surgery 3-4 months prior. She knew nothing about disability, etc. She shrugged her shoulders and did nothing. She waited until my last day May 17th to tell our regional manager I was having surgery. Disability told me to call and apply for fmla as well. (I called them prior to surgery to start the process)

My manager then told me I’m not eligible for FMLA because we have less than 50 employees within 75 miles. So I didn’t bother with calling.

Disability approved me. I pay for my own disability offered through the company. I had to give my manager a rough estimate of time off before they made a decision.

So yesterday I get paper work for leave of absence. I’ve been off work close to a month. It’s due by the 18th, but my post op appointment is the 19th. My doctor needs to fill out parts of it. I return to work on the 24th. I also don’t have a scanner, fax machine. Why am I just now getting this? What to do? Isn’t this supposed to be filled out way before?

I’ve never been on disability or gone through this before.
Topic:
Employment Law

Answer:
 Short term disability is completely separate from FMLA or leave. It is not uncommon to be eligible/approved for one, but not the other.

 You may not qualify for FMLA, but many companies will have similar leave programs that you may qualify for. It sounds like they are wanting to formalize your leave of absence so they can keep you employed.


Title: (WI) Pulled over for going 80 in a 65, my speedometer was at 75. Any advice on how to proceed?

Question:
So I was pulled over this morning by a state highway officer for going 80 in a 65, he said he had me at that using a laser radar. Wisconsin just changed the speed limits on Interstates to 70 and I mistakenly thought that applied to two lane separated Highways as well, specifically 18/151. Subsequently, I thought I was going only 5 over when I saw the cop and didn't bother slowing down. I was also in the right lane with other cars following me.

I'm not sure how to prove that I had myself at 75, or not knowingly going 80, thus subsequently admitting guilt, or if I should just plead no contest and hope my fine and points get reduced. I just turned 25 and have never been pulled over before and have a clean record.

Answer:
 So, you admit you were speeding but want to quibble about 5mph? C'mon dude. Your options are: hire an attorney to fight it (minimum $200 retainer most likely), plead guilty and throw yourself at the mercy of the court, or plead not guilty with no valid defense.

The third one really isn't an option, so you need to take a closer look at the former two.Answer #2: It's tough to contest a radar gun. I'm not saying it can't be done, but the procedure involves getting the gun, having it calibrated, showing it is and thus probably was out of calibration at the time you were clocked, and then having the Judge (or jury) believe your expert's testimony (which has to be "live, in person" at trial, for purposes of cross-examination. If "knowingly" were an excuse, drunks would never be convicted.

Plead and hope you get a fine and traffic school.


Title: Brother accused of Rape - in jail atm

Question: What constitutes an attempted rape charge? Is it he said/she said or is it signs of force...etc?

Answer:
 Your brother definitely needs a lawyer.

You definitely don't have the whole story. Answer #2: /u/locationbot recallAnswer #3: That is all weirdly specific and plausible. I think your brother might not be telling you the whole truth.

Additionally, public defenders are lawyers. They passed the bar and lawyer all day for a living, defending people accused of serious crimes. Stop being so down on public defenders as though they are incompetent idiots. Answer #4: I get that this is hard to accept, but the evidence and the story you’re telling doesn’t sound like he is likely to be innocent. Possible, as anything is possible, but from my perspective it doesn’t seem good.

Don’t see a legal question here though.


Title: [CT] 20/M, I received a misdemeanor for reckless driving going 100 on a 55

Question:
Around 11 pm last night I was caught going 100 on a 55 mph highway (way too fast, I know), given a misdemeanor and a court date.

I've never been to court before and I am freaking out. I have a job and commute to two colleges, so more than anything I'm afraid of having my license suspended for 30 days.

What are the chances of a suspended license and should I get an lawyer?

Thank you for the help.

**UPDATE:** After a lot of research and talking to attorneys, it turns out that I was given a speeding infraction with a court summons and not a criminal charge. I should have included in the OP that the violation was 14-219(c)(1), which is a speeding violation.

So I'm told that I should just show up to court alone, plea guilty of 14-219(c)(1) (assuming the judge doesn't increase the violation to reckless driving), and pay the fines.

If the judge decides to raise it to reckless driving, then I should request a continuance for a lawyer.

Answer:
 > I'm afraid of having my license suspended for 30 days.

Well, I'm afraid of having you back on the road so soon.

As u/zanctmao said, this is a criminal charge that you need to take seriously. Absolutely get a lawyer. Answer #2: 100% get a lawyer. A misdemeanor is a criminal charge. This is not a traffic ticket.Answer #3: Any speed above 85 MPH is a per-se reckless driving charge in Connecticut.

If convicted, count on the 30 day suspension but I don't think there is a mandatory jail term.   Unlike DUI, there is no restricted permit available to a person whose license has been suspended due to a reckless driving conviction.

Yes, you should get a lawyer.   Since it's your first offense, you may be able to plea bargain down to a lesser charge.

Start looking at bus routes.


Title: [FL] Providing "Gift" Money for a Down Payment

Question:
I'm hoping to get some advice on this real estate related question.  My sister and her husband are working on purchasing their first home.  They approached me and asked if I would be willing to help them out with their down payment.  This assistance would be them handing me $5k in cash, and then I write them a check for the $5k and state it was a gift.  They said the broker told them to do this.

Personally, I don't see why something like this would be necessary, and for lack of a better term, seems to be money laundering.  I don't see how them having $5k in cash is any different from them getting "gifted" $5k.  Money is money, right?

From my little bit of google searching it looks like this then requires me to hand over my personal bank records as well to prove where the money came from.  While I don't have anything to hide, it is just more of an invasion of privacy in something I'm otherwise not a part of.

Is this something that is common?

**tl;dr;** Sister wants to hand me $5k cash and have me write them a check saying the $5k is a gift for their new home purchase.
Topic:
Real Estate law

Answer:
 This is mortgage fraud, don't get involved.Answer #2: When I bought my house, I had to explain every large withdrawal and deposit on my bank account.  5 grand showing up out of thin air is going to raise red flags.

They also specifically asked if I was paying for this myself or if any of the money was a gift.

Go with your gut. If it seems wrong, it probably is.  If they want to continue with their tax fraud, let them find someone else. Answer #3: The cash is almost certainly a loan from the broker.  They want it to appear to be a gift because you  can use well documented gifts as part of a down payment, but not private loans.

They are very likely trying to fraudulently qualify for a FHA or similar government backed loan program.Answer #4: Sounds like they're trying to get around paying taxes or something shady like that. Go with your gut, don't do it.


Title: Paying a speeding ticket with nonsense on the memo

Question: [deleted]

Answer: The cops will never see the check, it goes to the middle aged (or older) woman in the clerk's office. And your idea is extremely unoriginal


Title: [Dallas, TX] My sister pronounced DOA by hospital who later admitted that they'd got her confused with a woman with a similar-sounding name and my sister was not DOA.

Question:
I received a phone call from the local hospital informing me that my sister had been taken in, DOA.

I'm 32/F, my sister is 26/F.

Then, when I got to the hospital and asked about my sister, a nurse pulled me aside and told me my sister was *not* DOA, she'd just come in asking about Adderall and where to get it, and that they'd confused her with another woman with a similar-sounding name, and that the woman was in her 50s.

BTW, my sister had never been into anything relating to Adderall until now.

Can we launch a malpractice suit against the hospital?

The hospital does have CCTV, and the nurse told me this, in a public part of the hospital, by a car park and ambulances.

Are we screwed, and how do we deal with this?

Answer:
 > Are we screwed

How are you screwed? Your sister is alive! It's WAY better than the alternative.

>how do we deal with this?

Talk to your sister about the amphetamines and drug use in general. Answer #2: >Are we screwed

Were you hoping they offed her or something?


Title: Can my new employer require me to do training at home unpaid before my first day?

Question:
Location is Ontario. My new employer is requiring me to do online training modules at home between shifts. They take about an hour each. This is being required of me without pay and the training pertains directly to the day to day tasks of the job. The employer is a MAJOR coffee shop chain. I’ve decided not to name them unless you guys think it’s of value for me to do so. My first day is tomorrow and I was required to do one before starting tomorrow.

Is this legal? It seems like all training to be a barista/cashier should be paid and on the job.

Can someone please point directly to the law they are violating. How should I go about approaching my manager with the issue? I am desperately needing money but don’t want to be starting a new employment relationship by being asked to break the law.

Thank you.
Topic:
Canada

Answer:
 You employer needs to be paying you for your 'training'. If you discuss this with your manager, and they are dismissive or threatening, you can file a claim with Ontario's Ministry of Labour. Realize that although it is illegal for them to retaliate, you will likely find yourself fired for some unrelated reason.

Keep tracking your training, what modules you are completing, and how much time you are spending on them. Look for a new job, as if this employer is asking you to train on your own time, they will likely pull other illegal or unethical crap. When you finally move on, then make your claim to the labour ministry.


Title: (TN) Help! Police allowed bail bondsman to search my house without my consent.

Question: I am a single father of two kids, I have full custody. Their mother is a drug addict and not around. She jumped bail on a bond that used my address. She has a state ID that has my address on it. So, fucking wannabe Dog the Bounty Hunter shows up at my house and says he he has right to search. I say Bullshit, GTFO. He calls police and one officer shows up. I tell them both they do not have right to search my house. Officer then make some calls. She comes back to tell me that it appears that they do have the right. She seems unsure and says this address is on the the bond and allows them to come in. Bondsman searches every fucking nook and cranny being a dick. He looked in a fucking clothes hamper for a girl that is 6 ft tall. Bondsman doesn't find her and I'm fucking irate. He says he's coming back to search again till he finds her. I ask officer is this legal and says it appears so. She is unsure and says she's just a traffic cop. I ask her what if she put her address on the bond would you allow this guy to search your house. I get the usual " If you got nothing to hide, why not" answer. They leave and I am beyond mad. I feel violated. I check tn laws and i see no law statute that give a bounty hunter the right to search my house. I am appreciate any advice given.

Answer:
 There's not really a statutory cause of action for an illegal search. So unless you have been caused damages by this search, the most you can realistically do is file a complaint with the police department. Sorry.Answer #2: Bail agents are not state actors.  What that means to you is that you have not suffered a civil rights violation as a result of "Dog's" actions.

It sucks, but that's the way it is.  You would be shocked at what bondsmen can get away with (or maybe you wouldn't, given the indignity you've suffered).

Want to get even? Contact whatever court accepted your ex's bond. Tell them she used a false address and invalid identification to post bond.  The court will revoke her bond and she'll be arrested.  Of course, it sounds like they are already looking for her--so it may not help you in the short run.  In the long run, the court is unlikely to let her out on bond again, and certainly not using that address.Answer #3: From: http://people.howstuffworks.com/bounty-hunting1.htm

>All the bounty hunter needs to make an arrest is a copy of the "bail piece" (the paperwork indicating that the person is a fugitive) and, in some states, a certified copy of the bond. He or she doesn't need a warrant, can enter private property unannounced and doesn't have to read a fugitive his or her Miranda rights before making the arrest. But there are rules and regulations to the job. The bail bond contract gives bounty hunters the right to enter the home of a fugitive, but only after establishing without a doubt that the person lives there. They cannot enter the homes of friends or family members to look for the fugitive.


Title: Got a speeding ticket with an error on it

Question: I got pulled over for going 40+ in a 30 today. My fault. No biggie, was just going to suck it up and pay the ticket. Looked at the ticket and it says my court date is at 4:30 AM instead of 4:30 PM. The court house doesn't open till 9 am. Could I use this error to my advantage?

Answer: No, a clerical error, particularly one that is so obvious isn’t going to get you out of the ticket.


Title: Was gifted a human skull as a going away gift from a doctor. What’s the legality of owning and transporting it?

Question:
Title pretty much covers it. Leaving the current practice I’m at (I’m administrative level, no medical degree). One of the providers I work for gifted me a Real skull she says her previous mentor handed down to her in the 80s. The skull cake in a box, labeled and drilled appropriately with medical markings and what not. However, you can tell it’s a real skull if you hold it or pay more than a couple seconds attention to it.

Also, the box it comes it has labels indicating the specimen is from 1907, but was primarily used for dental school (??).

I’m not sure what the legal ramifications would be if I put it in a checked bag or I get pulled over while it’s in my trunk. As well as googling anything that might give me answers is bound to put me on a list.

Answer: Owning human skulls, bones, skeletons etc is legal in all states except for Louisiana. You can own in Georgia and Tennessee, but cannot import or export. You are fine in California, the guy I’ve purchased human skulls from is based there. Answer #2: IANAL, but I am an MD in CA. You’re fine.


Title: (Victoria, Australia) After an argument on Facebook I was threatened with the posting of defaming material about me to thousands of people, with other threats too.

Question:
Late on Monday night and early on Tuesday morning I was in an argument with someone on Facebook. It by in large ended when neither of us continued posting replies, but about 20 minutes after it ended I was sent a message by the person I had been arguing with. The message was a link to a post by a page, one liked by over 200,000 people, with my profile picture on it and defaming material. It said I was a wanted terrorist and child rapist. It recommended that people call the police and crime stoppers. The person proceeded to threaten with publishing the material to a wider audience, saying that he had political contacts, contact with the police and access to their database. After this the post was removed, and they gloated that their wording in our conversation meant that they can't ever be tied to what happened and also that they didn't actually threaten me.

I have screenshots of our conversation, and have been supplied screenshots of the post by that page before it was deleted.

This person clearly likes the current state government we have, and is constantly posting about them online but I can't possibly know whether threats are real or not.

Is there anything I should or can do? Or should I just leave it?

EDIT: Looking back through it, he also says he works within government.
Topic:
Computer and Internet

Answer:
 Sounds like the time the man wanted to take his first ever selfie with a cardboard cutout and got blasted across Australia as a pedophile.

http://www.artslaw.com.au/info-sheets/info-sheet/defamation-law-for-material-published-after-january-2006/

According to this, you have a solid case, BUT an actual lawyer with knowledge of Australia law would be the best place to start for building a case and weighing your options/risks/chancesAnswer #2: You want to find a lawyer that specialises in defamation.
Defamation is very case specific, I know in NSW you would likely have a decent case, although how much in the way of damages you may be awarded I couldn't say.  I don't specialise in this area and I'm not familiar with VIC law.


Title: I'm a 17 year old male living I the United States. I'm turning 18 in a few months, and I am not going to register for selective service. What are the chances I will face any real consequences for this?

Question: The title pretty much says it all. I am a 17 year old male living in Minnesota, and in a few months I will be 18. I am not going to register for selective service. I am doing this on ideological grounds. I know it's a felony, and that I could end up in prison for five years, but I'm simply not going to do it. What I am wondering is what are the chances that I'll actually be charged with anything? I can't imagine it's a crime that is regularly prosecuted. Thank you.

Answer:
 are you planning on getting student loans? or working for the government? or wanting to vote?

edit - thanks for the gold anonymous person! you gain +25 relationship with the king!Answer #2: It will screw up any chance you have for federal student aid, bar you from federal employment, prevent any security clearance, and subject you to possible criminal penalties.

Legal advice: register if you are legally obligated to do so.Answer #3: Ideologically, you'd do more good being able to vote. Answer #4: there are many [benefits](https://www.sss.gov/Registration/Why-Register/Benefits-and-Penalties) (such as federal student aid) that you will not have access to if you fail to register for Selective Service. just suck it up and do it. no one has been drafted for decades.

EDIT: the [state of Minnesota](https://www.sss.gov/Registration/State-Commonwealth-Legislation%23MN) will automatically register for you if you try to get a driver's license, permit, or state ID. good luck dodging that.Answer #5: Are you a student? [You will never receive federal financial aid.](https://www.sss.gov/Registration/Why-Register/Benefits-and-Penalties)Answer #6: It's a free country, you can do whatever you want _as long as you accept the consequences of doing so_.

Other people here have outlined those consequences.  Now it's up to you to decide whether your meaningless (yes, meaningless, look it up) ideological stand is worth fucking up a huge part of your adulthood for.Answer #7: I know a guy that did that. Ten years later he got hired as a cop. Postal inspector or whoever it was that manages that, showed up and threatened to pull all federal grants from the department if they hired him. They rescinded thier job offer. Hes a security guard for life now and regrets the whole thing


Title: Asked to stay anonymous with news media, they post my name and part of the interview with face and all. No contract just agreement on Facebook messenger. Anything i can do? This was about a murderer.

Question:
Subject tells all, trying to understand if I have any right to my request with being anonymous.
Michigan.

Answer: Did you sign any sort of contract or disclosure before agreeing to the interview?


Title: I'm in some deep shit. I'm appearing in court tomorrow for a lawsuit by Wells Fargo for non-payment and I'm completely unprepared.

Question:
Ok guys so posting this is something I've been putting off for months just like so many other things I've been putting off lately.  My life is spiraling downwards and I'm heading for a huge pile of shit.  I honestly think I'm suffering from some sort of mental disorder but for the sake of getting to the point, that's not what this post is about.  Right now I'm thinking about what the F*#@ I'm going to do/say tomorrow.

At around May 2017 I stopped making my monthly payments for my Wells Fargo credit card.  At first it was meant to be a temporary solution to being tight on money but I eventually stopped thinking about it.  Months passed and eventually someone went asking for me at my mom's house (because that's where my mailing address was registered).  Even then, I put this off the side and forgot about it.  Always telling myself I'd deal with it tomorrow or soon.  All the while I was working but money was "always tight" due to paying for rent, court fees for a DUI charge, and simply not working a lot.  I finally decide to look through the huge pile of mail and court papers that I've been ignoring, mostly, and I come across a letter that says I am being asked to appear in court tomorrow morning.  What's worse (maybe) is that I had received a 40 page package by mail back in December that I only scanned through.  In the middle of the package there is another "Order to show cause hearing/trial date" which says I was supposed to appear in court back in January.  For all I know I have a bench warrant right now!  The package mentions the website lawhelpcalifornia.org but I'm guessing it's way too late to try and apply for a free attourney.  I AM SO FUCKED!

As I mentioned, I think I have a mental disorder so I'll probably be cross posting this or something similar in other subs and hopefully find some help.

I haven't mentioned.  I miraculously got a a VERY good job late last year.  I've even received a  promotion not too long ago and I'm making more money than ever, full time, in a career that I went to college for.  I am living a lie basically.  On the outside I seem like I have most of my shit together but clearly there's something wrong with me.  I got a hold of my boss this evening and I got the okay to miss work tomorrow.  But I am SO SCARED!  Will I be arrested?  Should I find a lawyer first?  I'm so broke, living paycheck to paycheck because of all the mess I've made (this is just the most immediate issue.  I'm face deep in my own shit).

Please guys I need some serious advice.  I will check back before bed and then again in the morning.

Answer:
 Take a deep breath OP.

First of all, debtors prisons aren’t a thing anymore. Rest a bit easier and understand it’s highly unlikely you would go to jail due to owing Wells Fargo money. In this case, it sounds like they filed a civil lawsuit against you, which worst case scenario would resolve to them garnishing your wages. Many states have laws regulating the maximum wages garnishable as well as the levels of income they can collect this from.

Second, at this point it sounds like you’ll need to go tomorrow and you’ll likely be ruled against in the hearing. There are a few caveats. Given your income, you might qualify for hardship exemptions. As well, if Wells Fargo fails to show up, there’s a good chance you could just get this thrown out.

Third, there’s always declaring bankruptcy. It’s a bad option for sure, but you’ll be able to shed most debt (this sounds like it would absolutely qualify as its credit card debt) and start fresh. I’d start a new thread here asking how to do that in a few days when you decide whether or not that’s the avenue you’d like to go down.


Title: Hotel is charging me for violating their pet restriction policy. What can i do?

Question:
My lady and I stayed at a hotel in Asheville, NC for Valentine's Day. An hour after checking out we received a call from the manager stating he was charging us $150 for violating the pet restriction policy. We didn't bring any type of pet with us on the trip and certainly didn't have one in our room.

He then emailed us pictures of the "proof" he found, which was two very low quality pictures of blonde hair on the floor of the hotel room. My girlfriend has blonde hair and I would think that anyone with half a brain would be able to differentiate between human hair and dog hair but clearly they can not.
On the way home we took several time stamped photos as well as a video of us driving down the road with no animal in the car. We have already reached out to the corporate customer service # and they have informed us this is 100% the hotels call to charge us or not and there is nothing they can do.

Advice on how to proceed? They have already charged the card and we have since contacted the bank to dispute the charge with them. The hotel manager has 72 from yesterday to respond to my call via corporate so I'd like to have my ducks in a row by then.

Thanks for your help!

Edit (Update)
Hotel Manager just called and after reviewing camera footage (which I asked that they do) they are refunding the amount of $150 after finding no evidence of any pet. He also asked that I remove and negative review of our stay that was posted. Unfortunately after costing me and my girlfriend several hours on the phone on Valentine's Day my posts will stand to warn others of this shady Managerial Staff.

Answer:
 You've already done all you can do.  Dispute the charge, see where that ends up.  Answer #2: > He also asked that I remove and negative review of our stay that was posted.

Did  you post the review before or after he called to charge you the $150 fee?Answer #3: Curious, do you have pets at home? It's pretty easy to walk around in pet hair without having the animal with you. (I'm picking some off my keyboard right now, no cat in sight)

I also wonder why they just didn't come up to the room instead of calling, why they waited until after you left.

If people running a hotel have a low tolerance for hair or other human detritus, they're in the wrong business ;)

Keep us updated!Answer #4: > Unfortunately after costing me and my girlfriend several hours on the phone on Valentine's Day my posts will stand to warn others of this shady Managerial Staff.

Good for you!Answer #5: Word to the wise, keep the review completely factual and non-exaggerated. Don't say anything bad about the place other than what EXACTLY you had happen to you.Answer #6: You'll probably win the credit card dispute.


Title: I'm being blackmailed

Question:
So I made a mistake. After a long night of drinking I kicked in the door to the apartment of a friend. Note that we are not close, he's more a friend of my friend. I kicked in his door because I couldn't wake him or his roommates up by knocking, and my backpack with the key to my bike lock in it was inside. I needed the key to unlock my bike and go home, so that I could make it in to work in the morning. I understand that in no way was this okay for me to do, and was illegal.

After kicking the door in, I retrieved my backpack and left. The police were called, as my rude entrance had awakened the residents of the apartment; not wanting to talk to the police I went home. The next morning the guy in the apartment called me up, and I apologized for breaking his door and promised to pay the apartment complex the cost of replacing it. We set up a time to meet the next day at his apartment so I could look at the door and pay the leasing office to replace it. He texted me that morning to postpone the meeting. Our entire exchange had been friendly and civil. That afternoon I receive a long text from his father demanding that I pay him 900 dollars if I don't want charges pressed against me. He also instructed me to not contact his son anymore.

The door only costs 450 dollars, which I have verified with the leasing office of the apartment. This includes the door, handle, and installation. The father is saying that I will be charged with breaking and entering, which is a felony in my state. The son informed me that the police told him there were only two misdemeanor charges on the table, and they would not be pressed if the matter was resolved civilly. I still cannot get a hold of the officer which told him this, and no one else in the PD has given me any information about possible charges. I don't know where I stand legally. I have not received any paperwork or talked to an officer in person.

If I don't pay the father can he determine how I am charged? I do not want a felony charge on my record, but I cannot afford to pay him 900 dollars. I'm a poor college student earning minimum wage living check to check.

All help is greatly appreciated.

Edit: The location is Tucson, Arizona.

Answer:
 You'll definitely want to pay the apartment complex and get a quote from them. What you do after is up to you. I would go to the police and report the extortion, show them what he wants and what the apartment complex wants. He'll get in a hell of a lot of trouble. You want to set up a document chain on this kind of thing so you're protected. Keep all texts, save them somewhere, in the cloud screenshots, wherever.

On a personal note: if drinking causes you to break down doors, you should look into your drinking problem.


Title: (Aurora, Colorado) Ordered $150 in merchandise from an online website. Never arrived. Website refuses to do anything and USPS can't find it.

Question:
I just learned of this subreddit, so this post is more of a what to do in the future if this happens again. This happened about 6 months ago.

I ordered about $150 worth of merchandise from an online website that I have used many times in the past without issue. This time I follow the tracking on the package and I am home all day. No one ever knocks, no package is ever left, tracking says "Delivered"

First thing I did was check with all my neighbors to ensure they didn't get it. Then I called USPS and opened up a claim with them to look into the matter and see if it was ever delivered. I call them every few days for an update and keep receiving the answer "We are still looking into it" 3 weeks later I get a call "We were unable to locate your package, our records indicate it was delivered to the following address...." The address listed was correct, however I never got the package...

So I email the online website and advised of what happened, gave them the USPS claim number and what their response was. All they responded with was "We are not responsible for lost or stolen packages, have a nice day"

Unfortunately I gave up on the matter and never pursued it further, I just decided to never give that company my business again. In the meantime I have installed 24/7 video cameras showing my front door and mailbox to have proof if this ever happens again.

Is there anything differently I should have done? Or anything legally I could have pursued? Thank you for the help.

Answer:
 Yes. The website was responsible for your package until tit was received by you. If they chose to reduce their costs by not requiring a signature or not insuring the package it is their risk.

You cannot go through USPS, as the sender is the one contracted with them.

If the website refuses to help, you file a claim with your payment processor (paypal or credit card)


Title: Handcuffed for not showing ID.

Question:
I was walking my dog crossing an apartment entrance when I saw a car approaching from a distance.  My dog was being a shit glued to the road sniffing who knows what.  I wanted to get out of the way and tugged on the leash, it was lose and his neck slipped out.

I was worried he would run the wrong direction towards the car and get run over from not being seen, he is a small jack russell, and grabbed him by his arm as he started to dart off.  He started crying because he doesnt like his arms touched, but I ended up getting his leash back on and adjusted the collar.

As I continue walking this car pulls up next to me, a lady with her teenage daughter and starts cussing me out, "wtf are you doing to that dog!!".  I didnt take kindly to her words and told her she needs to mind her own business and FUCK OFF.

She starts slow rolling away with her brakes on, Im heated and throw my arms, "wtf do you want bitch."  She eventually drives off but at the next corner I see her car following me from the other direction.  She made three 3 loops, at this point I dont know what she is up to, I almost thought she was trying to call a boyfriend/husband or some shit, na she was following me to let the cops know where I was.

As I was walking I hear a car slow rolling on me from behind,  I thought it was her trying to yell at me some more, no it was a cop.  To preface this episode before the walk I just got done watching the video of a cop gun a guys dog down in his backyard because they were looking for a missing 2 year old, probably why I was walking my dog in the first place.

The cop says a lady reported me abusing my dog and he needed my ID.  My dog is fine and acting happy as normal, the cop remarks, I see your dog is fine but I need your ID.  I said I am walking my dog, I dont have an ID on me.  He asked me for my name, I told him no.  Just because some batshit lady wants to harass me while I walk my dog, I am not giving you my name.  The cop then tries to trip me up and says why are you lying?  I said about what? Not giving you my name is lying? haha.  He warns me he is going to arrest me for impeding his investigation or whatever, I told him to go for it.

He put one cuff on me, while I am holding my dog this whole time because I dont want him getting shot.  I am off balance and tell him I am still holding my dog if he forgot...he says quit resisting mother fucker or your face will eat the pavement!(as I am holding my dog, that would have been real nice...)  I ask what is going to happen to my dog, he says I dont know, I dont care.  I realy didnt want my dog being in some pound and going through any more shit so I said fine here is my name.  He says, was that so hard!
He sees I live 100 feet away and my record is clean.  he tells me when an officer as you for an ID you need to show him.  As I am leaving 2 more cops were up.  All because some dumb bitch wanted to accuse me of some bullshit.

**TL;DR  Lady accused me of abusing my dog while walking and called the cops on me.  I refuse to show ID to cops and almost get arrested until I give my name.**

My question is what were my legal rights? I live in MO. I am upset by the fact anyone can make any accusation and that gives the police the right to harass me?

Answer:
 So, a lady suspected you of abusing your dog because he was crying out, and reported it (which was a responsible thing to do).  Instead of explaining what happened, you yelled at her and escalated.

Then, when the cop arrived, instead of explaining to the cop what happened and being compliant, you refused to show your ID, escalating even further.

If you disagree with what a cop is requesting, you can file a complaint against the officer.  Being belligerent to the officer on the side of the road isn't the time or place to do it.

> I am upset by the fact anyone can make any accusation and that gives the police the right to harass me?

You could have stopped the entire thing by simply explaining to the lady that the dog slipped off his leash and you had to hold him down to get it back on.