Title: If a soldier kills an enemy in a war that is never technically declared, could they be charged with murder?

Question: So say that, like the vietnam war, 2 countries begin fighting but there is never any declaration of war given. If a soldier returns home and there is concrete evidence that they killed someone, could they be tried with murder? ive just kinda wondered how that would work

Answer:
 This is definitely an interesting question.  Two things I can think of off the top of my head:

First, there is the question of jurisdiction.  To use your example, no state would have the personal jurisdiction to charge the soldier because the killing didn't occur there.  Perhaps more importantly is that, because the accused is a soldier, the military would have jurisdiction over his or her prosecution.

Second, and again because the accused is a soldier, the Uniform Code of Military Justice would apply.  I would think that, under that Code, the question becomes more about whether the soldier followed the rules of engagement rather than whether there is a declaration of war.  After all, the United States hasn't officially declared war since World War II and I don't know of any soldiers who have been prosecuted solely because they killed an enemy combatant.  On the other hand, those who have committed war crimes or murdered people in cold blood *have* been prosecuted under the UCMJ, so if that was the type of murder you were referencing, I think the answer would be that yes, they could be charged.


Title: [CA] Was sexually abused as a child

Question:
[deleted]
Topic:
Criminal Law

Answer:
 I'm sorry that happened to you.

Your testimony **is** evidence.

How old are you now?


Title: (TX) Boyfriend disappeared on a bender for 2+ weeks. We have a lease together. He hasn't paid rent. We get evicted on Tuesday. Please help?

Question:
Some context... me and my boyfriend have been living together 3+ years. Together for over 4 years. Almost a month ago, he disappeared for 6 days. 4 days no contact, contacted me once on the 4th day then disappeared until the 6th day again. Turns out, he got a hotel room with another woman. During this period, he lost his job as well. So, I moved out.

I wanted to break the lease and he refused. Wants to keep the apartment. So instead I got the paperwork together to forfeit my deposit and have my name taken off the lease. However, he disappeared again. I have not seen him for 2 weeks. He is at his parent's house about an hour away. I know the address but I do not want to just show up there. We text but if I say anything about the rent he will not respond for days. He was supposed to come home last Thursday.. never happened. Then again, this Thursday. Got a text at 11pm saying he wasn't coming home. Was supposed to be home today. It's 7pm and I still haven't heard from him.

We will get evicted on Tuesday if there is no payment. I cannot cover his end of the payment and I am not supposed to even be paying my end because I moved out and payed rent on my other apartment (something he agreed to). Please help. I am desperate to get my name off of this lease. Should I contact the authorities? Tomorrow I will contact his parents but I'm not sure if they will respond. I'm not sure what a lawyer could do for me. I plan on showing up at their house Tuesday morning if all else fails though they could have me arrested for trespassing. Please please please help. Thanks.
Topic:
Other Civil Matters

Answer: You are on the lease, so you are responsible for rent. The police won't do anything, and the only way to get off the lease is for the landlord and the bf agree


Title: [Ontario] Someone slashed my tires but they lost a finger because of the resulting explosion

Question:
Am I liable for any of their injuries? They slashed 3 of my tires for some reason. I heard a loud bang and when I went outside some guy was bleeding. I called an ambulance and so on. But will I be liable for this?
Topic:
Traffic and Parking

Answer:
 > Am I liable for any of their injuries?

No. Their injuries were a direct, foreseeable result of their actions, there was no negligence or malice involved on your part, and there is nothing reasonable you could have done to predict or prevent this outcome.

The phrase "play stupid games, win stupid prizes" comes to mind.Answer #2: IANAL but you didn’t do anything negligent. Tires hold air that can explode under pressure, and this person should be aware of that when attempting to vandalize them. His or stupidity shouldn’t be anything you have to worry about legally. If anything, he could sue the tire manufacturer, although I can’t see the case gaining traction..no pun intended. However, that person is lucky you didn’t press charges..although you really should.Answer #3: 1) Call the police, file a police report, ask them to pursue charges against this man.

2) If they do not, contact the DA and ask him to pursue charges.

3) If the DA does charge him, inquire about victims compensation as part of any settlement or sentence.

4) If they do not charge him, or they do not include compensation, sue this man in small claims court for the cost of the tires and any cost of cleaning up the blood off your car.  Honestly, you could probably skip the above and sue him right away.  But it's up to you.  If he doesn't have a whole lot of money, attaching this to his sentence and making it a stipulation of parole by the DA would help.


Title: Building signed for my iPhone X, and now can't find it

Question:
I'm located in Virginia - Arlington County.

My building has a 24/7 front desk. I rent from the condo owners not the building, and I don't think I ever personally signed a liability waiver for mail - however they do have one in the HOA laws which I do not recall signing as a renter.

The package was received, signed by the person at the front desk, and I was sent a notice that I received a package with that tracking number (from the building with info on who logged it and UPS as well). After Thanksgiving I got back into town and when I tried to pick it up they could not find it. Their scanning system was down, so they were writing things on a piece of paper as people picked things up. They cannot find it, and UPS has the signature releasing their liability. The building manager is trying to tell me they take no responsibility for lost items (per the clause in the HOA) and they're looking for it "as a courtesy". I'm filing a police report today, the package had a value of just over $1,000 with tax. What can I do, assuming they cannot find it? Front desk remembers signing for it, my guess is it was given to another resident or UPS still has it but scanned it over as part of a bulk batch the apartment signed for. The building manager won't even send out an email to residents to check, she said she may to units that have a similar apt # but I think she is trying to limit how visible this is to the public. Recently, a bike was stolen from the a locked (and far down in the garage) bike room that only residents and management have access to, leaving me suspicious. This was reported to residents via email.

What are my options, if any, to pursue recovery of the amount? The shipper signed over liability and the front desk staff signed for the liability. I'm getting really worried due to the large amount I'm out. I can't even report it stolen based off the IMEI or serial since Apple support couldn't find it on the invoice.

Answer:
 >  liability waiver for mail

Probably not worth the paper it's printed on, even if you signed it.

> giant middle irrelevant paragraph

So they signed for your package, took possession, and cannot produce it?

How long has this been? Have you contacted UPS to see if the driver might still have it?

Your recourse is going to be filing a police report and a small claims suit.


Title: Workplace refusing to provide evidence for termination (OK)

Question:
I was terminated from state government job of 15+ years of service for “Failure to Return” I have been on State disability and my medical providers have not released me to return to work. Agency failed to provide me and has refused to reveal said “evidence” that was used as basis for my termination. Can they refuse to provide me the evidence that was used in determination?
Location is Oklahoma.
Topic:
Employment Law

Answer: What evidence do you think you need that you were not working?  It's fairly obvious to anybody if you did not return to work.


Title: [US-KY] Male friend coaxed into sex with another male, is traumatized by it

Question:
(Friend and I are based in New York, but the alleged incident occurred in Kentucky)

I found out that my friend, whom i've known for over 10 years, was allegedly raped a few months ago. He was traveling to Kentucky (from New York) to see the Kentucky Derby. He met up with an online friend of his, at his house. The online friend convinced him to have sex with him, considering this "consent". He then proceeded to sexually assault him.

I don't know the full timeline of what happened, but the aftermath resulted in him being a lot more quiet, and full of anxiety. He's currently getting testing for STDs, but the results haven't been given back yet.

While he's not calling this "rape", he sure shows the signs of a rape victim. From the quietness and anxiety mentioned above, he also continues to blame himself for this, and absolutely refuses to block the aggressor (isn't that the "power"?), he is 100% traumatized by the incident.

Both parties are over the age of 18. I know for a fact that my friend is straight, I was completely surprised to learn that he had sex with another guy. Now i'm infuriated to learn that it was by force (allegedly).

I looked into Kentucky law on rape and sexual misconduct (IANAL), and it seemed as there was no protections for people over the age of 18. Friend isn't disabled either, and there was no drinking that occurred (afaik).

I'm wondering if there's some kind of criminal option that I didn't see, even though that's unlikely. I mostly want to see if there are grounds for some kind of federal civil lawsuit. I don't want to see my friend suffer through this and his rapist not punished. Even though it might not be a criminal sentence, just to have the guy found liable in a civil case, would give us the feeling that justice was served.

Answer:
 If your friend consented there was nothing illegal done.  If the other guy drugged your friend to get consent, then he can make a police report.  But regret does not equal rapeAnswer #2: >I know for a fact that my friend is straight

Drunk or sober straight men do not have sex with other men.

What you think you know and what you do know are two different things.Answer #3: Yeah, nothing will come of this. I don't really know what you mean by convinced. If he told him to stop at any point, that's actually assault. Not if he was "convinced" while sober to have sex. Answer #4: You should consider reaching out to your local rape crisis center. This is exactly the kind of thing they deal with. At the core of the issue is that it's 100% up to your friend to decide what, if anything, he wants to do. It may be that no assault occurred, that he's simply experiencing regret or emotional discomfort. It may be that he was raped, but doesn't want to pursue the issue.

Whatever the details, it's your friend's call. The rape crisis center provides free and confidential assistance, and will help him explore his options without applying pressure or judgement.Answer #5: From the way you described the incident, it sounds as if your friend was seduced.

This is not illegal.

If you wish to establish that a crime, or an event which would be actionable in civil court occurred, you need to better establish that your friend did not consent.

As it stands, you only provide us your opinion that he is straight, and your characterization that he is suffering from regret over the incident.


Title: [AZ] Father was diagnosed with prostate cancer, post-removal analysis of his prostate showed no cancer. Can he seek recourse for a misdiagnosis?

Question:
Here is the situation as I understand it. If any details are unclear let me know and I will ask him for clarification.

1. He went in for a normal physical, blood test results showed elevated PSA (Prostate specific antigen, correlated with prostate cancer)
2. While not a definitive indicator of cancer, because my grandfather also had prostate cancer to be safe my father did another blood test 2-3 months later and the elevated PSA levels were still there.
3. He did a third blood test soon after measuring both PSA as well asfree PSA. From what he understood the free PSA number would be 10 if he had cancer, but it was a 0.
4. He was referred to urologist
5. Urologist did a digital rectal exam- said he did not feel anything (finger up the bum, old fashioned way of testing for cancer)
6. Urologist suggested MRI just to be sure
7. MRI showed a spot that may be cancer. A biopsy was suggested to check.
8. Did the biopsy a few months later due to scheduling issues
9. Did biopsy, biopsy report from pathologist said carcenoma in one core
10. (this part is not entirely clear) Urologist said he would see him again in 6 months, from what I understand he didn't recommend anything? I can try to clear this up if needed
11. Went to another doctor (a surgeon) with pathology report, surgeon showed preferred options (wait and check again in 6 months, surgical removal of prostate, radiation treatment)
12. Father chose removal
13. Fathers prostate was surgically removed
14. Initial post removal analysis of prostate showed no cancer

So here we are a few weeks later. Not only was the surgery quite expensive, but he is still suffering and some side effects will continue for the rest of his life. If this truly was a misdiagnosis we're pretty upset and would like to seek recourse if possible.

We’re waiting to hear back from the surgeon on a second opinion of the initial slides provided by the pathologist.  If he was misdiagnosed and there is no cancer in the prostate can he seek legal recourse?

If so, I would like to help him search for a lawyer so we are prepared.

Thanks for your help!

Answer: Very unlikely bordering on impossible. He had risk factors and the tests indicated possible cancer and he was presented with options and chose removal.


Title: University professor failed me without proper procedures - worth pursuing legal action?

Question:
I have a professor who opened an academic charge case against me claiming that I stole his finals exam two semesters ago. During this process I had to speak with the Dean about what happened and I explained to her how the exam submission process worked. In short, we (the class) took the exam in a large lecture hall and when the exam ended all the TA's blocked every entrance in order for us to submit the exams. In addition, there were TA's around the lecture hall demanding for our exams. In essence, you wouldn't be able to leave unless you submitted your exam and presented your school ID. That night I went to submit my exam, left, and called it a night until I received an e-mail from a TA a half hour later telling me that I had to submit the exam or else I would receive an academic charge (which started the case). I spoke to the Dean about what happened and she decided to continue the case. I chose to go through with a disciplinary hearing and nothing else happened after. I didn't receive any e-mails back confirming a disciplinary hearing or anything related to the case. The professor (and I assume the department) gave me an F for the course without notifying me or going through an academic charge process.

&#x200B;

&#x200B;

So my question is if I can take any legal action against this? The course I took w/ the professor is a course for my major that is only offered once every year and I was hoping we would be able to do something about this (like have me retake the exam), but I was never able to voice what happened. This set me back hard and I decided to just leave school and pursue other ventures. I don't have any proof that I submitted the exam aside from having left the class with strict protocols for preventing something like this. My professor has a full log of student activity through the final, when the TA's reviewed exams, and all contact made with me. I'm not sure how I should continue with this and it would help if someone can guide me through this!

Answer: The issue with any potential lawsuit would primarily be you not disputing the grade you got. You could've brought this up with the dean originally, or appealed the grade you got. In this case, you accepted the grade you received and left school. You don't really have a case.Answer #2: Why would you not follow Academic Appeals procedures instead of legal action? Your university should have a formal appeals process to follow for cases such as this. Answer #3: So, you finished the test, turned it in with ID, and went home? Did you follow up with the administration to refute the accusation?


Title: I'm a new internal medicine physician signing my first contract and found an indemnification clause. Is this standard on a physician contract?

Question:
I recently finished residency and was offered an internal medicine hospitalist position in a New York State academic hospital. On reviewing my contract I found an indemnification clause starting that "the physician shall hold harmless and indemnify the corporation... From and against any and all claims, causes of action, liabilities, damages, costs... resulting from or attributable to any and all acts or omissions of the physician".

Is this standard on physician contacts? It seems to place me, the physician, at great risk in the event of a law suit. Should I negotiate to have it removed or at least narrowed to "willful malfeasance" or "gross negligence" instead?

Thanks!

Answer:
 >It seems to place me, the physician, at great risk in the event of a law suit.

You were always at the greatest risk for a law suit.  Since the indemnification specifically references your acts and omissions it seems fairly reasonable and standard. If you did it, you agree to be on the hook for it.

You should review this language with your insurance carrier to ensure that it falls within their expectations, and that you're covered for indemnifying the practice.  Answer #2: Don't sign it. It is unlikely that your insurance will cover the hospital's legal fees and you will be potentially liable for the hospital's cost even if you are found not to have comitted malpractice. These clauses are a newer thing and expose you to massive potential costs. There is some stuff online about these clauses.

Remember, you do have negotiating power.

Not lawyer. Dude who got this clause removed from his contract


Title: Can someone be forced to get a divorce?

Question:
/it’s about a divorce but no minor kids are involved

I’ll try to keep this short

My parents have been married like 38 years; none of them happy. My dad has always been emotionally, mentally, and financially abusive to my mom. Never physically that Ive seen. There is no police record of any abuse. My dad is an alcoholic.

My mom is Canadian, permanent citizen of US (has resident alien card & Nexus, is here legally). There was no prenup but my dad has made A LOT of money since their marriage and has several bank accounts.

My mom has wanted to leave for a long time, but hasn’t. She has none of her own money as she was a (politically correct term for) SAHM and housewife for the last 30 years. She is 63 and will qualify for Medicare and SS soon (according to dad, he paid in for her.)

My dad is miserable but does not want her to leave bc he is a cheap asshole. He tells her that if she leaves, she’ll be deported, and won’t be eligible for Medicare or SS or anything. He also told her that if she leaves, he’ll cut us (three mostly grown children) out of the will and give it to whoever he remarries. I told her to leave and not worry about our future inheritance but she said “let me do this for you”

Today she said “I don’t have the money to move out on my own. This is the only way I know to survive.” Instead of getting a divorce they’re buying a house that my dad doesn’t want but only got to shut my mom up bc she’s been complaining non stop for 10 YEARS about how she wanted to move. Now Dad wants to move to Florida in 5 years. If she wants out she prob better get out now before all the money is in real estate right?

I can’t have a relationship w my parents bc I feel it’s condoning this. My siblings and I are adults but 2 of us are in grad school and 1 lives in an apartment. None of her family knows the extent of it. She has no close friends here and I hate to say it but she may feel she’s too “bougie “ for a women’s shelter, like its “beneath her”

I don’t know what to do. I know she needs help leaving him bc he’s poisoned her mind. She stays bc she thinks she can’t do anything, but also bc the alternative she thinks will be worse.

My mom and I have issues bc she was abused and turned into an abuser.

I wish I could force a divorce, but I can’t save her.

Tl;dr I want my fucking alcoholic abusive prick dad to divorce my fuckibh mom so she can live the rest of her fuckibh life before she drops dead of high blood pressure. What do?
Topic:
Custody Divorce and Family

Answer:
 Are you asking if you can force your parents to get divorced? No, of course not. If you're asking if you're mom can force a divorce your dad doesn't agree to, yes she can.

If their is abuse going on you can feel free to alert the police to that.


Title: Mystery Shopper Cam Canada - Can I keep the money?

Question:
Hey,

I accepted an offer for a job to do mystery shopping, they informed me its $650 CAD a week and I check out two stores a day. I started on Wednesday and I had feeling something was up, cause as they say "if its too good to be true it usually is". I researched possible scams regarding mystery shopping, specifically in regards to depositing large amount of money via a cheque. With this company they said they would pay me via e-transfer. The stores were within my area so what the hell i'll waste an hour out of my day. Now today they emailed with another job however its a bank, they informed they will email transfer me funds and I will need to go to the bank and withdraw the money and check "customer service" and I will have to send the money back to a Bitcoin ATM. I knew it was scam right then and there, what do I do? Do I accept the email transfer? What will happen if I don't send it back? I was promised pay for my work so i'm keeping it for compensation. Can I do that? They sent me $1990.00

Here is the email:

How are you? Our director sends you his personal gratitude for your fast and perfect job. Name, If you continue do your job as well as you do now, you will have a great opportunity of your career growth. One of our HR managers retires in 1 months and we are looking for a person who will change him. If you are interested in the work of HR Manager in our company I can promote you to this vacancy. Of course the salary will be much more than you earn now as a Quality Control Agent. I hope you will be interested.
Now, what about your responsible task for today. You will work as a Quality Control agent in the bank and you will need to check the level of service in the BANK at the address:

Address

To accomplish this task, we will send you a certain amount of money that you will receive through your account. You must pay attention to every detail. How does the employee of the bank treat you, how do they meet you, if they communicate with you politely, if they do everything in time and correctly, etc. If you notice any violations and you remain unhappy with the quality of the service, you must fix all this in your report. And you need to remember the names of the bank's employees with whom you will deal. After you get the money, you must immediately return the money back to the company via Bitcoin account of our company.

Use the QR-code that you can find in the attached document. You will need it during sending the money back to the company via Bitcoin as without this QR code you will not be able to return the money back to our company. The Bitcoin ATM is located: ADDRESS\*
This is very serious task and we ask you to be maximum attentive and punctual.
If you have questions, please contact us.

Regards,
Name

Answer:
 Ignore the incoming transfer and file a police report. The transfer is almost certainly fraudulent, and accepting it may mean you pay additional fees when your bank removes the deposit from your account after investigating.

I don't think you need to talk to your bank, unless you have actually received money into your account. If you have, then tell your bank and let them handle this. However, since the scammers are alleging that they work for the bank, you may want to let them know anyways.

Do not take instruction from the scammers on how to handle this, obviously.Answer #2: The money they are paying you is bad and you will just owe it back if you accept it. I don't think you are understanding that this is a scam. You don't actually get money you get to keep here.  You're really being very foolish if you think you can outsmart the scammers and keep the money. Everything you can come up with has been tried before and will fail because that money they will supposedly send you is fraudulent.Answer #3: It’s a scam and are trying to get you to launder money for them. Stay very far away.


Title: [Virginia] Can I go after my ex for child support or is it too late?

Question:
I want to know whether I should pursue child support from my ex-husband.

I'm not sure where to turn at this point. I know I can file with the state but don't want to rock the boat if I have no chance of winning. I pay my ex a set amount of alimony every month as per our agreement. He'd been unemployed for three years just prior to our divorce and got an hourly job during negotiations. Because of this and because of threats and intimidation (he threatened my job, etc), my lawyer recommended I accept the offer.

At the time, we did not include anything for child support. In fact, under "Child Support" it says that "There will be no child support paid between the parties ***at this time***." Earlier in the agreement, under, "Alimony, Support, and Maintenance", it says, "The parties agree that they will at no time hereafter seek, or ask, in any manner, any monies of any nature from one another except as set forth in this agreement..." Not sure whether this contradicts my ability to seek child support now.

It also states we hold joint legal and physical custody -- but they both now live with me. The agreement basically left it up to the kids to decide where to live. After we negotiated the agreement, both of my kids decided to live with me full time -- my son is now a full-time college student so he's away at school most of the year (19) and my daughter is 16. This began well over a year ago. Neither child has spent a night at their dad's since they moved out. Their choice completely.

The issue is that he refuses to pay his share of child costs as outlined in our agreement, where it states that both parties will share equally in all extracurricular costs (also under child support). And every time I ask him for anything (like to pay his share of tuition), it is a battle, and he'll use terrible tactics with the kids making it seem like I"m always hounding him for money (I'm not, maybe ask for a few hundred every 6 mos or so) and don't want to pay for anything for them (I pay for everything for them). Or he wants to kids to ask him for the money, but neither of them feel comfortable doing so and our agreement clearly says that we are supposed to discuss and work out such matters.

I thought if I got child support then maybe I wouldn't have to ask him for anything anymore. Though it's unlikely to be very much since he's still working an hourly job. So I'm not sure it's worth even going this route. Any advice would be most appreciated. And fyi, I don't make a ton of money either, but have a good job with good benefits and decent savings, but I am spending more each month than I bring in (mostly because of the alimony).

TL;DR: Can I or should I pursue child support from my ex even though our agreement does not make mention of any?

&#x200B;

Answer: The court can and will alter an agreement with regard to child support, even if you had agreed to something. The best interest of the child is more important. If you feel he should be paying, and he isn't, you can ask the court to decide the matter and put a child support order in place. Answer #2: You can get child support going forward for the 16 yo. Not backward. You need to get a lawyer and file a modification. Also keep record, even a journal, of his refusals to pay per the current agreement.


Title: New Yorker being taken to small claims by a Californian. How does this work exactly?

Question:
I'm the defendant in this case. My understanding is that, with exceptions like auto accidents, small claims are prosecuted in the state in which the defendant lives. If the plaintiff in my case lives in CA, will they or a representative have to travel to NY to bring their case? Is there a scenario in which I have to travel to CA to defend myself? What should I expect?

**edit:** thank you all so much for the answers. I'm going to attend the NYC Bar free Monday event to speed date for local advice, but this has been very helpful.

Answer:
 Correct, in small claims the sue in the state where the defendant is.

You show up in a NY court and their rep will have to show up or the case will be dismissed.

The plaintiff can't sue you in CA, if they do, the judge will dismiss it for lack of jurisdiction.

However if you were vacationing in CA and the dispute took place in CA and the plaintiff managed to serve you papers while you were in the state, they could sue you in CA.

There is also an exception for active military personal which allows them to present their entire case in writing.


Title: (CO) Officer just texted me telling me to show up to court on a different date than is written on the ticket.

Question: [deleted]

Answer: Can a judge do that?  Yeah.  The cop likely goofed and is trying to make good.  Call the county clerk's office and verify this information.  All it takes is a simple phone call.


Title: Dailymail stole my YouTube video

Question: The article they created and stole my video can be found [HERE](http://www.dailymail.co.uk/news/article-3468205/Pillow-fight-gone-wrong-dad-unintentionally-topple-toddler-tossing-cushion-her.html). My original video can be found as a tiny link in the bottom of the article. I never gave them consent to download and put my video in their player. They are also monetizing the video. What can I do?

Answer:
 Ugh, the Daily Fail does this sort of thing all the time.  You may get better answers on /r/LegalAdviceUK since you're dealing with a British website.

In the interim, I found [this page](https://www.quora.com/Is-there-a-UK-equivalent-of-filing-a-DMCA-cease-and-desist-for-websites-hosting-copied-content) which might be helpful.

edit:  Also, here's the Mail's page on how to file a complaint with them: http://www.dailymail.co.uk/home/article-3110773/How-Complain.htmlAnswer #2: Send them a bill, it's worked for other people.


Title: [CA] Apartment building next door has an easement to use our staircase in emergencies, but they use it routinely

Question:
Hello, I recently bought a top floor condo in a 2 unit building in California. It is recent construction (80s), and there is an exterior staircase which I use to get to the door (which leads to an interior staircase that goes up to my unit). To the right of the staircase is a decrepit, gated wood fence, and beyond that is a decrepit Victorian which has been converted into a 6 unit apartment building. Due to the age of the building, it is rent controlled, so I believe the landlord has little incentive to maintain or improve it, and it shows.

Apparently (so I've been told by prior owners), for fire code related reasons the neighbors have an easement to use our staircase in an emergency, hence the gate; however, apparently some of them use it as a matter of routine to get in and out of their yard and building. This irritates me, as I view it as an invasion of my privacy and my downstairs neighbor's. It's also problematic in that it is in a very poor state of repair. It doesn't close fully, and the wood plank that the hinge is attached to is split down the middle and getting worse over time.

Prior owners in my building felt similarly to the way I feel, and at some point someone glued the top of the gate shut. (I'm guessing this was a rather unwise thing to do from a legal standpoint.) While inspecting their handiwork after moving in, I inadvertently broke the glue, and now the gate moves freely again, and I have seen at least one neighbor using it, and it also appears that he tracked dog shit onto the staircase.

I could complain to the landlord next door and hope he asks his tenants to stop using it, but I'm doubtful that he would really care (though admittedly I have not met him or talked to him yet); moreover, there's no guarantee that his tenants would stop using it even if he asked them to, and I'm worried about angering them and causing further escalation or possibly retaliation.

I'm wondering if I have any legal options here. Specifically:

* Is there any way I can petition to get rid of this easement and eliminate the gate? (I suppose this would require that they have some other way to get out in a fire. I don't know the code, hence I don't know exactly why the easement was deemed necessary.)
* Can the neighboring landlord be fined if it's shown that his tenants are routinely abusing their access?
* Is there any other legal remedy at my disposal that can stop or discourage my neighbors from routinely using this staircase?

EDIT: I'm in California, not Canada.

Answer:
 I would think your condo building could secure the gate with one of those "alarm sounds if opened" latches. You might have to install a better gate and wall.

I'd investigate the supposed easement. There should be documentation somewhere.

Not a lawyer.


Title: Need legal advice for diagnosis I'd like to dispute

Question:
Hi Legal Advice,

First off thanks for being a thread. This is awesome. I'll get right into it. I was diagnosed with a mental health condition when I was 8. My mother involved me in a double blind study after getting herself diagnosed with a mental health condition. Recently I found out she compromised the integrity of the study by opening one of the capsules that either contained a placebo or a drug. It happened to contain an actual chemical so my mom attributed the positive behavior she saw to the chemical rather than to me. It's a travesty.

Since then I have been seeing a psychiatrist regularly. Mind you they are not treating me for anything that I have reported as disturbing but for what my mom has reported and what my mom would have had my dad report to them. She's always putting words in peoples mouth which is the issue.

My life at school and out in the world was and is fantastic. In high school, I was asked to be the president of Mano en Mano which was a club that taught underpriviledged Mexican women English. I played tennis. I went to college for fine art and graduated with distinction in 2013. Since then I have worked minimum wage jobs and just recently landed a steady, good paying job and my own studio apartment.

I may do art but I am not a snowflake. My dad worked at NASA and was a fantastic role model. He passed away two weeks before my college graduation ceremony from skin cancer so I'm now in charge of me for all intents and purposes. Which is why I'm asking for legal advice.

I was hospitalized in 2011 at my mothers behest. Depending on the doctor, you are either told mental health conditions are chemical imbalances or not. Some will say it is, some will say it isn't. In my case, there is no evidence of any chemical imbalance or brain disorder as I have never agreed to undergo a brain scan. Yet i am being medicated and my brain is being treated chemically. These are the facts.

In 2014, I was hospitalized again due to my mothers fear. She is a self admitted catatrophizer. I am always trying to descalate the what-if-scenarios her brain produces by helping her think it through them in order to avoid catastrophy. But she always escalates a situation from a molehill to a mountain. It's frustrating. She derails conversations and puts me in dilemmas. She'll call the cops and I end up in a hospital on the premise that her son is giving her trouble by defending himself from wild character accusations and insinuations.

Just this last year my mom called a Mobile Crisis Unit whom gave me a choice to take meds or deal with the consequences. I ended up being probated and hospitalized again. The treatment I received consisted of art therapy which to someone who can technically say that they have shown in the Louvre at 26 is denigrating, music therapy which to someone who plays and writes music is denigrating, and, you guessed it, medication. And of course the doctor on staff upsold to another medication.

I make observations much as the scientist does the same of me. Whereas I try to represent the subject I study subjectively the psychologist observes me from behind a two way lacanian mirror theoretically of course. I didnt ask for this but I love my mom.

I began conducting my own research in 2012. There is a book by Thomas Szasz who was an MD called Myth of Mental Illness or Manufacture of Mental Illness which corroborates many of the observations I have made as a patient as an MD. But of course "no one reads him anymore" according to the mobil crisis unit. There is one particular sentence that is particularly interesting which says that Freud himself acknowledged that the consultation is a "work of fiction." Being that there is no chemical imbalance in my case this seems particularly poignant.

There was one study conducted where a psychologist admitted himself to a psych ward. He eventually went up to the psychologist working and told him he too is a psychologist and was conducting a study. The psychologist working diagnosed him with a mental health condition.

My psychiatrist acknowledges that there is a case for mental health conditions being a social construct. I garnered this through my introspection too. Being that there is no chemical imbalance in my case you could say this to be the case.

I went to court once to contend the hospitalization and stick up for myself. The hearing consisted of the judge asking the doctor what he thought of me and the doctor qualifying me as a danger to the community. Of course, my role as peer mediator in 4th grade was not reported. My service in habitat for humanity was not reported. My good grades were not reported as signs of functioning which might have lend to a different prognosis or perception of me. The same doctor told me that if I dont prove my self to him, we'll "dictate everything you do". Those are his words.

Thomas Szazs also mentions the term psychiatric totalitarianism in one of his books, which if you consider the fact that your behavior is being monitored, you are being observed, and as my psychiatrist has said "she is following me," does not seem too far fetched. Noam Chomsky also likens Behaviorism to Fascism, which my mom practiced on me when I was a kid, which I always found repulsive and divisive. I dont need incentive to do chores. I like being of service!

What can I do to protect myself legally? Should I sue? I hope this post indicates competency. Thanks in advance for the advice.

Answer:
 You're are well into your adult life and I'm certain all these medical professionals would have noticed by now that you don't actually have whatever you are diagnosed with.Answer #2: I say this with much due respect, but reading your post it is obvious to me that you suffer from some sort of personality disorder but I’m not a doctor. If you truly believe that you are being hospitalised for no reason then you need to have an independent analysis away from your mother and whomever else is labelling you as such. If there is a court involved in your care, you really need to let your attorney know how you feel and have him or her petition the judge to do an independent assessment.

That said, there’s no one you can sue.


Title: Town/NYSEG removed trees and bushes under the guise of "pruning"

Question: So as the title reads, I was notified about a month ago, october 25th, a few trees near power lines would be pruned by NYSEG. This was done by fliar left hanging on my front door. It listed the reason for trimming and what if anything I would like done. Cut the trees, woodchip them and one other option I cant recall. This is followed by a signature and some information about filling it out PRIOR to them taking action. Yesterday they came without any further announcements and clear cut down 10-12  trees and some bushes, that were not near the power lines and when called and question about the issue, NYSEG stated that the trees and bushes were unsightly and unkept. The supposed trees in question are still on the power lines. I am in New York, anything that can be done? I dont have an issue with it if it was on the power lines but now my pool and backyard is completely exposed to my neighbors house who is a registered sex offender (yay!) With my nephews being around during the summer it makes me uncomfortable.

Answer: If the trees were on property owned by the state it's entirely legal for them to cut them as they have no obligation to provide you with privacy by using things on their property. If said trees and bushes were on your property then as long as the paper signed didn't give them permission to come and cut them down you should be able to take some form of legal action! I'm sorry that this happened, we had the same issue and ended up caving in and spending 8-9k on landscaping and trees.


Title: My fiance rolled his ankle on the ledge of sidewalk surrounding a tree. It was filled with leaves to the point where it was to the level of the sidewalk. Can he sue for damages?

Question:
 We are in the U.S.  It was wet out,  and we were walking in the dark.  As we passed a tree growing in a hole in the sidewalk (no grate covering it), he stepped on the edge of the cement.  Leaves were up to the cement level,  making it look like it was solid ground.  Does he have a case to sue for damages? He wants to but I'm not sure if this is a thing. He says that is why they have grates over these hole in some areas,  but there are tons of these trees along the sidewalk that aren't covered... all i can find on this is statements about cracks in the side walk over 2 inches tall,  pot holes, etc. I'm waiting for him to get out of urgent care,  they're taking xrays, and this is probably gonna be a lot of money.  I'm planning on going back and grabbing a photo of the area just in case.

Update: its broken.  😑 he's okay though.  He's since calmed down and after hearing the process he decided it's not worth pursuing

Answer:
 Who owned the sidewalk; and what duty of care do you think they had, which they failed to uphold?

Is there an actual code requirement for those grates where you live? Are they required by city ordnance to take the leaves in a certain time frame? Was the hazard obvious and avoidable by a reasonable person? All of these things are going to come into play. If you think you have a case, you can bring it to a personal injury attorney who ya does slip and fall cases.

But if the sidewalk was government t owned (like in a park), sovereign immunity is going to bite you. Usually you’re limited to going through either the local,state, or federal Tort Claims Act (depending on who owned it), which lays out the claims process you have to follow before you’re eligible to sue the government.


Title: [CA] Update on unpaid internship and small start up company.

Question:
[See this post for context.](https://www.reddit.com/r/legaladvice/comments/4rxmsc/ca_became_a_virtual_intern_at_a_small_start_up/) - **TL;DR for that post:** *my internship at a small start up online company consists of only unpaid interns and not employees. I could negotiate wages or file a complaint with the DLSE.*

I emailed the CEO on July 8th to negotiate wages since I felt that I was being treated like an employee, rather than reporting to the DLSE. I presented my case fairly and in a non-threatening manner. My plan was, if he did not respond within 24 hours, I would email the other interns to let them know that I planned to pursue legal action that they could opt-in to, asking them to contact me.

The night of 7/9 after hearing nothing, I sent out that email, and he was "alerted" by an intern that the email was sent (he claimed to not have been at the computer), and this prompted him to call me. When we spoke on the phone, I learned a lot of disturbing things.

* I negotiated for pay, and then if that weren't possible, a small signing bonus of $500. His response was the company does not have enough profits to pay any of its employees, and that is why everyone is an unpaid intern. I suggested as low as $200, but he resisted.

* Everyone else such as those on the board (Chief Marketing Officer, etc) is a shareholder (equity?).

* He tried to justify not paying interns by saying he was a small start up company. All of the company's profits go straight into marketing.

* A majority of the interns ARE getting college credit, but from what I see, they still displace regular employees, which is the problem.

* Towards the end, he agreed that I was overqualified for the job and should pursue employment elsewhere where my skills could be utilized. BUT, I was welcome to come back to the company and he would let me know when funding was available because he really wanted me on the team.

A former intern later that evening sent me an email wishing to disclose what he knew, and we communicated on the phone. He told me that:

* He was basically in charge of translating, marketing and networking in a specific foreign country.

* While he was an intern, towards the end of the internship he was asked to stay with the company for longer. He refused to do so unless he would be compensated, and that he had to negotiate intensely before the CEO relented and paid him.

* After a certain period of time, the CEO claimed they had run out of money and wouldn't be able to pay, so this intern left the company because he didn't feel it was going to be successful.

* He had no direct supervisors besides a VP in marketing, and he worked with another unpaid interns.

* He did receive college credit for his time there.

* The CEO tried to lure him into staying with a false promise of pay again in the future by saying something along the lines of, "If the company is successful, you will be successful."

* The CEO likes to hire lots of international interns, and the intern said he felt that perhaps this was done because they wouldn't be familiar with the law.

* Lastly, he had received an email shortly after the CEO called me that basically slandered my whole intentions and went something along these lines:

*"I have forsaken my own family finances in order to keep the business afloat.*

*“I hope you are not tainted by the unhappiness of one individual who did not think to call me to convey her concern, but decided to blast an email to all of the interns.”*

*“Please take this as a lesson to surround yourself with positive people.”*

**UPDATE 7/11:** Another intern got in touch with me and stated the following.

* The company has a $500000 budget plan for when they receive their venture funding. In that budget proposal, they only made room to pay 6 employees. The remaining interns would have to stay interns.

* He said he knew that the developers were unpaid interns, doing the work by themselves.

* He currently works there, and feels that he replaces the role of an employee.

**UPDATE 7/12:** A third intern emailed me today. This is what they had to say:

* The CEO did this weekly video contest for the website's video library, and promised a prize for the winner. Nobody ever received any prizes. They said that on their contract, creating videos was not a part of it, and that this stressed them out especially during exam periods. They frequently reminded the CEO that they were too busy for it.

* They were unpaid, and in charge of recruiting MORE unpaid interns from another certain country.

~~**New question**: Should I pursue a class action law suit? What are my chances?~~

Looks like I'm planning to file a suit. Wish me luck!
Topic:
Employment Law

Answer:
 You need to find a new job, immediately. This company is never going to make money, and even if it does, the CEO has no designs on issuing equity to anyone. You're being exploited and there is no reason for you to stay. If they were going to issue shares to you *they'd issue the shares*.

File the DLSE complaint and move on. Filing a lawsuit isn't likely to do any good, because if the company is broke, there isn't any money for you to recover.Answer #2: > A majority of the interns ARE getting college credit, but from what I see, they still displace regular employees, which is the problem.

This is a racket all by itself. So, the company is made up of unpaid interns working for college credits, credits they very likely have to *pay* for. They're paying to work for free. Sounds like an awesome deal for the CEO.


Title: 3D Printing entities like Nintendo's Pikachu and selling it to consumers. Is it Legal?

Question:
Hi, I'm a CAD Designer and a 3D Modeler and I was wondering if I could model a Pikachu and sell the model as a 3D Printed model.
As well I have other regards like using Nintendo's logo as a keychain and selling it.

Answer:
 You mean can you legally sell someone else's intellectual property?

No.


Title: Just been served with a civil suit over a dog bite that happened in my office in Colorado when I was out of town.

Question:
OK, this is rather a complicated case so I will focus my attention to detail on the stuff I am having trouble understanding.

The background is that I have an LLC in Colorado and we sublet some office space from "Company A" in 2016. I had a mix of employees and contractors who spent time in the office. One contractor had a dog and he was instructed verbally not to bring his dog into the office. When I was out of town one day, he brought the dog in and left it in the office while he went to get lunch. During this time, an employee of Company A let himself in through the private locked door connecting our two offices, uninvited, and was promptly bitten by the dog and suffered a broken wrist.

We now have a civil suit from this employee naming my LLC, the contractor and the building owners as defendants. But it does not mention his employer, who sublet me the space. I am not sure why, but presumably because he is still employed by this company and doesn't want to prejudice his position with the company.

unfortunately I did not have liability insurance in place at the time. This is because when it was required on the original lease, I had it; but that lease was then cancelled and a new one issued which did not require it explicitly so I did not renew it.

I have already spoken to two attorneys and they are helping me construct assertive defenses such as the fact that the plaintiff was trespassing and also there is no vicarious liability because the dog owner was a contractor and not an employee. I am not asking about those areas of the case.

What I would like to know is regarding a point that my attorneys do not agree on. One attorney tells me that because Company A had workman's comp insurance who paid for the medical expenses at the time, they are immune from this civil action. But the other attorney says otherwise. I have a copy of Company A's lease with the owner of the building (the owner is a co-defendant with me in the civil suit). The lease says that they are required to have liability insurance for the entire building and says nothing about a sub-lessee requiring it. So, I feel like I should be able to either cross sue Company A or at least petition their liability carrier for coverage. My attorneys disagree on this point.

Time is running out to file my defense, so does anyone here have any experience or advice on the extent of immunity for employers in cases such as these through workmans comp?

Thanks in advance. There is so much I've left out but I'm trying to get some guidance on this particular part of the problem.

Answer:
 You cannot do that.

First, liability insurance won't cover employee injuries, so that's pointless.

Second, you said that worker's compensation already provided coverage to the employee.  Generally, an employee cannot recover compensation from both worker's comp and a tortfeasor without first reimbursing the insurer.  Technically, any recovery from you would first go towards reimbursing the insurer.  The insurer is not going to reimburse you.


Title: Passed a stopped school bus (Pennsylvania)

Question:
This morning I was driving and I failed to see a stopped school bus on the other side of a four lane highway. I honestly wasn't tired, distracted, or anything like that, I was just looking forward and didn't see it. Well, I was pulled over by a local police officer and was issued a fine. However, the police officer told me that I should plea not guilty, go to court for the offense and since I was calm and cooperative that she would show up and work with me to have the fine lowered. Well, I was just reading about how you can get a suspension on your license for 60 days as well as five points. Obviously, I am trying to avoid this and I want to make sure that I do. Is there anything in court that I should do to ensure I keep my license? What are my odds here?

&#x200B;

Also to note, my driving record is pretty clean, I just have one speeding ticket but that's it.

Answer:
 Not a lawyer, but something similar happened to me in FL.

I rear-ended another pickup truck on wet pavement at low speed. The police officer issued me a ticket, but told me to go to court to plead not-guilty, and he wouldn’t show up to be a witness so the ticket would be dropped.

Plot twist, I recognized him as soon as I entered the courtroom, so instead I pled No Contest. The judge reviewed my driving record (completely clean) and decided on a reduced court fine, no points on my license, and an 8-hour driving safety course.

Review your ticket for trial information and/or speak with a traffic law attorney. If No Contest is an option, it might be your best shot.


Title: Subscription based services in the same sector, how is that allowed?

Question: [deleted]

Answer: It's because we have capitalism here in the US, businesses are allowed to compete with one another even using the same business models.


Title: Estate issue in Chicago: can Dad's GF run off with all his money?

Question:
I have a 80 year old father who is showing some early signs of dementia. He is wealthy, and has about 6 million tied up in stocks, bonds, etc. Everything is within a revocable trust.

My mother died many years ago, and my father's longtime girlfriend is the trustee of his estate, has power-of-attorney, and lives with him. I have two siblings: an older sister and brother.

My father gave me the name and number of the attorney who did/handles the trust, and we use the same financial advisor.

I am worried that if my dad becomes incapacitated/senile, that his GF can simply start writing checks to herself, loot the trust, or even take him to the attorney and change the trust listing her as primary beneficiary. While I am on good terms with her, she has an edgy side, and no one trusts her 100%.

Are these fears unfounded? If not, what can I do?

Answer:
 How founded your fears are depend on what the trust permits her to do and what steps (if any) your father has taken to prevent her from doing as you describe.

You should encourage your father to discuss his wishes with his attorney and to take steps to see things progress as he wishes. You may also do well to remember that if your father wishes the girlfriend to end up with everything, that is likely a choice he can make. Answer #2: As awkward as these conversations are, NOW is the time to have them.

Start with a general disclaimer "I hope you live forever in perfect health, dad, but"

Spin it as *your anxiety* about the future, about staying close to your siblings and hoping to avoid any strife.

I would take him AND his attorney to lunch. Ask him what the plan is, and where the paperwork is that legally supports his plan. Ask him what his wishes are for end-of-life care. Ask him about changes to to the will, life insurance beneficiaries, etc.

Email a summary of the luncheon conversation to him and the attorney.


Title: If a man gets all of the reproductive tubing in his scrotum (epididymis, scrotal part of the vas deferens, & the epididymal and scrotal vas deferens sheaths & arteries) surgically removed on both sides, would it be "reasonably foreseeable" in a legal sense for this reproductive tubing to grow back?

Question:
Topic:
Update

Answer: You're talking about a vasectomy? When I got mine in 1984 we asked that. They said no so we had it checked regularly because we don't trust doctors. I'm 66 and still sterile.


Title: [CA, US] I'm the plaintiff in a Title IX sexual assault case and I found out that the defendant has had a PI following me. I need help figuring out my rights and what to do now.

Question: I'm a student in California, and a few months ago a former friend of mine sexual assaulted me. I was initially hesitant to go forward with any sort of case because I was able to get away before I was actually raped, but now that the case is proceeding it looks like he'll be found guilty by our university's Title IX office. When I was doing my Title IX evidence review, I read from his witnesses that my assaulter has been having a very famous MRA lawyer help him and a Private Investigator looking "at my character." I have no idea what this means. Does this mean that he's following me, and if so, what are they looking for? Can the PI be stalking my family as well? What are my rights here? This case has been stressful enough, and I'd really appreciate if someone with experience in the matter could tell me what the defendant and his legal team are likely preparing against me. Thanks in advance.

Answer:
 A professional PI knows the boundaries and can generally push that boundary even to the point where you feel violated but he is technically within the law.  Criminal stalking requires threats and that a reasonable person feels threatened. The fact that he is a professional PI working for a client goes a long way to showing that he is not a threat to your safety.Answer #2: I would notify the school of this, for what it's worth. It's not illegal, but you should give the T9 office a heads upAnswer #3: He's probably trying to catch you with loads of other men or in compromising situations like gratuitous bar hopping or something that could break down your character.

Professional PIs will know how to follow you without breaking any laws, Just ignore him and go on about your life as normal. Stay Stong. I'm so sorry you're in this situation. Answer #4: With all these other professionals to talk to, don't forget some good old fashioned counseling for yourself.Answer #5: Just keep your head down and going about your normal business. The other side may attempt to annoy you with these kinds of tactics but you just need to brush them off and keep to yourself.
Your rights do not change based off of your situation. They can hire people to follow and observe but they have rules that they need to be careful of following. You can find them at: http://www.bsis.ca.gov/about_us/laws/piact.shtml
Also, just try to do everything as best you can and be on your best behavior until this is resolved. The PI's and the opposing attorneys will delay and wait as long as possible in hopes that you screw up and it gives them an out.


Title: [USA][[NY] When does title to personal property transfer when the transferor sends it through the U.S. Mail for delivery to the transferee?

Question: Title of the post says it all.  Trying to figure out when title to personal property (say a book) transfers from one person to another when the property is sent through the U.S. Mail.  Please support any answer with citations to appropriate sources.

Answer: You again? With all the (shitty) advice you give here you should be perfectly capable of doing your own research.


Title: Can My Workplace Ask For Control Of My Phone? NM, USA

Question:
I work in New Mexico, USA and my company is adding everyone to an email exchange server through their cell phones. After setting up an account with their email server the server is now requesting a large list of permissions which, as far as I can tell, gives them quite a bit of control over my phone. The ability to erase the data on my phone, control over passwords and lockscreens, the ability to disable or prevent installation of third party programs just to name a few. I posted screenshots of the permissions list [here](https://imgur.com/a/R1NjdEe).

This seems awfully shady. I have not given the permissions requested and intend to ask my boss about them tomorrow. I have a strong feeling that I will be told that allowing this access will be a requirement of employment. Is this legal? I do not want them to have nearly this much access to my phone. What options might I have if they threaten termination over this?

Answer:
 This is legal. You can ask them to allow you to opt-out, and they can refuse and terminate you. They're trying to do two things: ensure that everyone can get email remotely (good for productivity) and ensure that they can deal with any data breaches from a lost phone. *Presumably* they would not use such power unless you lost your phone, but they want the option.

I will note that they *are* generally required to compensate you for the use of your data plan, etc.

It's not especially great management - they should give workers the option of a company phone. You could also get a 2nd phone just for work, and file for expense reimbursements to help offset the cost.


Title: After jumping through endless hoops I still don’t have a valid ID or DL, and am at a total loss for what I even COULD do next. Help!!

Question: Ok, backstory: When I was much younger (around 2009) I was a poor musician in small town TX. The yearly inspection and tags on my truck expired, and I drove anyway. Cited for both. Didn’t pay. Got susp. Eventually cleaned up act. Paid old fines/surcharges. Moved to CO. Went to get license. DMV says birth certificate invalid because it’s issued by State of Texas. DMV tells me website to order proper cert. Order. $140 expedited. Take to DMV. This birth cert ALSO invalid because it’s issued by the City of Austin (Capital of TX) Dept of Vital Statistics. CO only accepts certs issued by counties. Call birth county in TX. “We don’t do that.” Dead end.  Back to DMV. They say “if no birth cert, you can get passport.” Apply for passport. $300. Letter in mail: Denied passport owes back child support. Must owe less than $2500 to be eligible. I owe $400 due to clerical error. Call child support office. They send sealed packet for State Dept clearing me to get passport. I send to State Department. State Dept sends 2nd letter: Denied due to back child support. No more appeals. Have Ohio Child Support office file an appeal for you.  What the French, toast. Now my TX ID is expired. What do I do??

Answer: Contact your state rep/senator. Your DMV is screwing up here. [Their own requirements](https://www.colorado.gov/pacific/sites/default/files/DR2300.pdf) specifically say "U.S. state or county issued birth certificate", and the Department of Vital Statistics issued one is the State version.


Title: What do I have to do to sue a water utility in Texas?

Question: What do I have to do to sue a water utility in Texas for having horrible shitty water, overcharging for the shitty water, their billing not working and wanting 7 months of bills paid at once and for overall just being a horrible fucking company that has a monopoly on a precious resource? I live in Eastern Travis County and have to deal with Southwest Water out of Houston. I'd love to sue them in Travis county and get in front of a nice liberal progressive judge that is going to side with the people over these water controlling assholes. I'd love to get everyone that has to use this company into a class action. I'd love to sue and take over and make it a publicly owned utility. The people living in Eastern Travis County have been screwed over long enough.

Answer:
 You need to contact the Public Utility Commission of Texas, which just in the last year or two took over regulation of water from the Texas Railroad Commission (which, at this point, is left regulating only natural gas -- they don't even regulate railroads anymore... go figure).

When you go to the PUCT, leave your political prejudices and grand schemes of "class actions" and other righteous masturbatory fantasies out of it: list your factual grievances as briefly and objectively as possible and point out what reasonable and realistic corrective action you would like the utility to take.

The PUCT, which I interact with a lot, is the most well-funded and staffed agency of its kind in the western hemisphere -- they will work with you but it helps to keep it professional.


Title: [CA] Can I interview someone on my podcast about performing illegal activities, specifically the distribution of illegal drugs?

Question:
I want to have a drug dealer on my podcast and have him discuss his day to day. They would not give their name on the show, but if the cops came asking, would I be forced to divulge their identity?

Thanks so much.

Answer:
 > if the cops came asking, would I be forced to divulge their identity?

Google Judith Miller.

So here's one version of what would happen:

Nothing.

Here's another:

1. The police come, you refuse to reveal.
2. A subpoena is issued.
3. In court, you refuse to reveal.
4. The judge puts you in jail for contempt.

Here's a third:

1. You are asked and you squeak like a squirrel, revealing the name.


Title: My cousin got bitten by a suspected rabid cat. His parents refused to have him vaccinated. He might die.

Question:
What can I do? Can I secretly have him vaccinated?
I told his parents he might die but they said vaccines aren't safe and it was just a 'little bite' (The wound bleed for like 5 minutes). I didn't even know that they were anti-vaxxers.
We live in a country where rabies is common. Located at the Philippines.
(Reposted due to no location in body)
Topic:
Non-US

Answer:
 IANAL

The best bet is to prepare to have him vaccinated, no question about it, pero tawagin mo muna yung pulis kung ano yung mga repercussions sa ginagawa mo. Kase on one hand, medjo child neglect na yung ginagawa ng magulang niya, on the other hand you are not his legal guardian and have no authority to have him vaccinated. Sa bottom line, get the kid vaccinated, sigurado ako na mas importante yan kesa sa anong mangyari na legal, tsaka alam ko na the court will hear you out.

If I remember correctly our 911 is 117, pero I think Du30 changed it to 911 na, try both. Godspeed and good luck.Answer #2: Rabies is a slow, excruciating death; call the police, or the Philippine version of Child Protective Services, your friend needs help.Answer #3: Call emergency services and dispatch them to where ever your cousin is now. Rabies is 100% fatal in humans.

Edit: said 911 forgetting that OP is non-US. Answer #4: This is literally going to save his life. Get his consent and take him to the doctor. Like ASAP, because once he gets symptoms it’s virtually guaranteed death


Title: No pets on lease agreement but everyone in the complex has pets

Question:
So I moved into my complex last August and signed a one year lease (in oregon). My rental agreement said no pets but I noticed that every one of my neighbors had either cats or dogs and I decided to get two kittens to help cope with my anxiety back in October (which maintenance has seen multiple times and never said anything).

I just got a noncompliance letter telling me to get rid of the cats by ten days or face eviction. Is there anything I can do about this? I want to just move out of there, the complex has been nothing but trouble since I moved in. Plus everyone has a pets. Help.

Answer:
 If your lease says no pets, you don't get to have pets.  Doesn't matter what they let other people do.Answer #2: You have no idea what is included in other tenants leases.

They can evict you.


Title: Is what I said reasonable?

Answer:
 To take the position that something is morally wrong because it is illegal is a valid epistemological stance, but I disagree entirely. The law is a tool, not a suicide pact.

However, legally speaking you're correct in nearly every jurisdiction. There's a good chance the police would refuse to prosecute if it's clear the dogs were being neglected and if the thief took proper care of them otherwise, depending on local policies and the perspective of the officer handling the complaint, but theft is still a crime and it's unlikely "the dogs were seriously neglected" would give rise to a necessity defence.

If there were a statutory carve-out for rescuing dogs, such that the act was plainly not a crime, would you still think poorly of the commenters you're responding to?Answer #2: The real crime here is that reddit UIAnswer #3: No.  What you said was obnoxious, passive-aggressive ("pretty sad"?), and introduced absolutely nothing new or worthwhile.  Every sensibility that you expressed had already been accounted for before the OP even posted, and you're clearly tone deaf/oblivious to the intentions/sensibilities of the speaker.

Loser.


Title: University wants to sue me for unpaid tuition.

Question:
Hi everyone,

So here’s the full story. It was summer of 16’ and I was registering for classes. My college has two different websites; one for registering classes and another to actually pay tuition.

I have been on financial aid my entire college career. That summer I was unable to obtain financial aid and therefore couldn’t pay for tuition, so I didn’t attend any classes.

My 2 classes that I registered for were still under my student account. HOWEVER, here is where I THINK I may have a shot at fighting this, but I honestly don’t know lol I might be totally
Wrong; there are terms and conditions on the website that you go to pay your tuition, and a checkbox you have to check stating you understand the terms and conditions before paying your tuition. So heres the thing; I never checked that box where it states that I understand registering for classes means that I am obligated to pay. Quick side note- I did not know this at all until after it was too late to drop the classes.

So my question is, do I have a chance at beating this suit? Do I have grounds that I can defend myself and say if I never agreed to your terms and conditions that I am not liable for payment?

What they also should’ve done which has happened in years before is they automatically drop you from classes when you don’t receive aid (basically unpaid balance)Which was weird that they didn’t do that for the year of this situation.

If I have no grounds, why even have a terms and conditions to check mark if it means nothing anyway?

Thanks for the help mates !!

Answer:
 > so I didn’t attend any classes

But you didn't withdraw? So you took up a space that another, paying student couldn't utilize, costing a student the opportunity to take a class and costing the university money?


Title: [OH] Employer does not want to compensate for on-call hours. I am confused about the law in this situation

Question:
Throwaway of course.

**TL;DR: My employer switched us to hourly from salary, and is not willing to pay hourly for on-call. Am I in the right to go to the DOL as they stated they will continue to break the law?**

So my company was recently brought out by another, larger, company. Before the buyout all employees were paid salary, as our jobs would sometimes require more than 8 hours of work from us, or we would be needed to assist during off hours. After the buy out however we were switched to hourly employees.

We have an on-call system where each weekend 1 employee from our team would watch all the emails and calls that come in starting at 9:00PM Friday night, to 9:00PM Sunday night. During this time we would be required to perform the essential duties of our entire team by ourselves. This includes, but not limited to; tracking contractors anywhere throughout the world at any time, responding to any client e-mail within a timely (30min) manner, responding to phone calls as they come in, etc.

On-call generally happens at an employee's home, we bring our Laptops, cell-phones, sometimes extra monitors, set everything up, and begin working when we are told we're starting. Usually on-call consists of getting short bursts of sleep, around 2-3 hours at a time in order to keep an eye on all the emails that come in, and staring at our computer. Not much else can be accomplished because if we miss an email or a call during on-call, disciplinary action can be taken. Now this doesn't happen often, but it has happened before.

Also, partaking in personal activities is heavily discouraged, and middle management usually says to not tell them nor upper management about personal activities taken as that can slow down response time. For instance, during 1 on-call I was able to go to a park, where I received multiple emails, scheduled some things, however I had to cut my park visit short because a high priority email came through that I needed to be home to do more research for. Another, more recent example, was during my last on-call my roommate was moving in from across state lines, I informed my bosses that I would do my best to respond to emails during on-call, however I will be stuck in a car for 3 hours that day. They instructed me to reach out to my co-workers to get another person to cover my on-call, and when nobody did, they requested I did not help my roommate. It ended up being a moot point as I had an extremely busy on-call and was unable to leave my apartment the entire weekend.

I bring up those examples for a reason. So now that we are hourly employees my managers informed us that during on-call, we are to keep track of time spent doing traceable work, so sending/receiving emails, on the phone, working in our internal system, etc. but not while we are sleeping, eating, showering etc.

Now, I did some research and it seems that due to the restrictive nature of our on-call, Ohio would count us as having "[restricted conditions](http://www.employmentlawhandbook.com/flsa/fair-labor-standards-act-when-on-call-time-is-recognized-as-hours-worked/)" and our working time between traceable work is "Waiting to be engaged" (Armour & Co. v. Wantock, 323 U.S. 126, 133 (1944))

My employer however, does not see it that way and "Doesn't want to pay for us to take a shower, sleep, or watch T.V. during on-call"

I brought this up to my employer recently, and after my managers looked at it i received very different responses. My immediate manager looked over the links I have, and said well, that's the law, we're required to pay you for all your time, however his boss called me into his office and informed me they contacted the new HR's office and they relayed that the stance will not change, we can only charge for traceable time.

I brought up that every so often we have light on-calls, to which their reply was, "That doesn't happen".

They also told me not to be a pot stir-er and to not talk about this with my co-workers as "That will just get them rilled up". Now I have mentioned the law to 2 other co-workers, however others may have overheard, but I don't see how informing people of their rights is a very bad thing.

I am thinking of going to the DOL in Ohio this upcoming week, however I wanted to make sure that I was right so I don't have egg thrown in my face over all this, and make something out of nothing. Below are the sites I visited to help me.

http://www.laborlawtalk.com/archive/index.php/t-197725.html

http://www.calrest.org/reporting-time-pay-vs-waiting-time-and-on-call-time.html
http://www.gpo.gov/fdsys/pkg/CFR-2009-title29-vol3/pdf/CFR-2009-title29-vol3-part785-subpartC-subjectgroup-id1890.pdf

http://www.employmentlawhandbook.com/flsa/fair-labor-standards-act-when-on-call-time-is-recognized-as-hours-worked/

http://www.employmentlawhandbook.com/wage-and-hour-laws/state-wage-and-hour-laws/ohio/hours-worked/

http://codes.ohio.gov/orc/4111.14

Answer:
 Yes, contact the department of labor.

Note that they may fire you.  They won't say it's because you're a pot-stirrer; they'll make up some pretext.
Answer #2: It'll be nearly impossible to nail them on it unless they do something stupid like putting it in writing, but disciplining or firing you for discussing this with your coworkers is also illegal.


Title: I'm writing a book with a friend. I want to be anonymous and he doesn't. What should I do to protect my stake in sales?

Question:
My friend and I are each very active a niche community. Within the 300,000 people or so who pay attention to that group, we're very famous and well respected, so we want to write co-author a book together. I know we won't make the best sellers lists but I bet we can sell enough of them that I'd care about my stake. I just don't really know much about how the laws are set up here.

Can I protect my interest in the book's sales if he provides his name and I only provide an alias?

If we end up getting it published and I make it very clear to publishers that I want to stay anonymous, are they legally obligated to preserve my anonymity?

If the publishing company is, are its employees?

What should I be checking out or looking into that I might not already know about?

I live in Connecticut and he's in California.
Topic:
Intellectual Property

Answer: Sure you can. You would be wise to talk to an attorney who specializes in arts. Google "Lawyers for the Arts" and the nearest major city near you. Ask them for a referral.


Title: I think my friends mother put a hole in a condom and I’m scared/Need advice

Question:
Pretty much what the title says. So to clarify, where I live (NY), I am of the legal age of consent, and our relationship is sexual but non-romantic, kind of like friends with benefits, but much more emphasis on the friends.

So I went over to her house earlier today, just hanging out. Eventually, do to boredom more than anything, we move to the benefits part of friends with benefits, and I, in my infinite wisdom forgot a condom like a moron.

Luckily, my friend was prepared, and had a few if this ever happened, so I was set.

Only after we were finished did I realize something was wrong. As I was throwing out the wrapper, I realized there was a hole in it, a tiny one, but a hole to be sure, going through both sides.

Cue nausea and horror from both parties.

Now I know it wasn’t my friend who did this, because she (like me) is adamantly child free, and she is normally on birth control on top of me using protection. Notice I said normally.

She has been having some not so ideal reactions with her current pill, so her doctor is switching her over to another one, and as such, she hadn’t had the pill for quite a few days.

Neither of us can even imagine affording a child, as both of us are in school (she’s in college but that’s just semantics), and neither of us have full time jobs or are emotionally ready for that, so we’re terrified.

But my friends mother is neurotically baby crazy, like insane about it. Her mother and father are aggressively catholic (even though she’s strongly atheist like me) and have been constantly badgering her to have kids and get married, so obviously my suspicions directly jump to them.

They are always very nice to me, so I don’t think there’s any malicious intent if they did do it (which I think they did), but I guess we’ll have to just wait and see.

Now the legal advice part.

Is there anything I could do to help with this in anyway? Anything that could possibly give me an out if this goes horribly wrong? Should I have just put this on r/insaneparents?

Keeping my fingers crossed, and help is greatly appreciated.
Topic:
Other Civil Matters

Answer:
 Well, if you are both not wanting kids. Plan-B right away.

Now it depends on what the legal question is. If its are you legally obligated to support a child that could result from this? Yes, you are. Is it is there any legal recourse for this? Very unlikely, as you don't even know who did it.


Title: [OH] Leasing a duplex and owner sold it during our lease

Question:
New landlord is insisting that our current (ends March 31, 2019) lease signed with previous landlord is no longer valid. They are insisting that we sign a new lease with worse terms than our current lease. We have never been late on rent or done something that would cause our lease to be invalid. I read our lease and I didn’t see any clauses that talk about change of ownership of the property.

Do we have to sign this new lease? Can we continue our current lease until it expires?
Topic:
Real Estate law

Answer: Your lease carries over. Tell him to either pound sound, or pay you to move out. Answer #2: No you don't have to sign the new lease. When the new owners buy the complex they take on the current leases and must honor them.  If you don't sign the new lease they might not want to rent to you after your current lease expires though so if you like the apartment you might want to try to negotiate


Title: If you’re being chased on the highway and you speed could you be given a ticket?

Question:
Obviously hypocritical but, if you were being chased either on the highway or throughout the city and you were speeding in an attempt to get away/ lose them and a cop pulled you over would he give you a ticket?

Reasons you could potentially be chased:
- idk why u asking me lmao no but really idk the only reason I could think of is road rage

Answer: That's what the [necessity defense is for](https://en.wikipedia.org/wiki/Necessity_\(criminal_law\)). Also, [here's an explanation in comic form](http://lawcomic.net/guide/?p=735).


Title: Trespassers

Question: I had some stuff stolen out of my back yard this summer, and the security cameras I have set up happened to not catch anything. I'm thinking about putting a fence up in the back yard and wrapping it with the same electrical wire they use for cattle. How liable would I be if some jackasses happen to electrocute themselves to death?

Answer:
 100% liable.

Civilly, and possibly criminally as well.Answer #2: > How liable would I be if some jackasses happen to electrocute themselves to death?

Pretty liable, as that might be seen as a booby trap.  Most electrified fences simply give a non-lethal shock; I'm not sure of the legality of pumping a lethal amount of voltage into the fence -- it would likely be *really* illegal.


Title: Can i take my knuckles with me?

Question: Is it legal to bring knuckles around (for self defense)?

Answer: No, carrying brass knuckles is illegal in Italy. But interestingly it’s legal to purchase them there


Title: My brother bought mom new appliances but she passed away before they were delivered. Brother wants his money back, head of estate (sister) and her lawyer say it's too late. Not sure who is right. Mn

Question:
Location: southern Minnesota

Mom had horribly old appliances that were in disrepair. Last month her fridge and oven both stopped working in the same week. My brother was having to fix them very often and decided to just buy her all new appliances for her kitchen and her w/d for her 70th birthday.

They ordered them one week and they were supposed to be delivered and installed the week after next.  Mom passed away a couple days before the delivery date.  My brother called the afternoon before delivery and canceled the order, but due to some confusion it was delivered anyway.

Mom didn't name anyone to take care of her estate in her will and the court appointed her sister to do it. Her sister was at mom's home at the time of the delivery and accepted the delivery.  Once the delivery guys got back to the store they realized it had been canceled and called my brother, but mom's sister would not allow them back in to return the items. She is arguing that the appliances were a gift at the time of purchase, not the time of delivery, so he can't rescind the gift just because mom has passed (I don't know if that's legally true or not; I don't know when the gift is considered to have transferred - when he named her home as the delivery address or when it's delivered).  Mom's sister's lawyer is confirming this but we don't have a lawyer of our own to ask (yet, not sure if we are going to need one or not).

Now my brother talked to the store manager who said that mom's sister tried to return the appliances for cash or check to the estate but when he told her he could only return the money to my brother's credit card or store credit in my brother's name she left and said she would just sell them instead of returning.

I have these questions:
1.  We believe that mom's sister wants the appliances to be part of the estate because they owned a duplex that they purchased jointly and still owe money on (each was supposed to live in each half but mom's sister ended up just renting out her half of it). Is it a conflict of interest for her to be the executor of the estate if she owes money on a loan jointly with mom?

2.  My brother is probably going to fight this no matter what (that's just how he is) but I am wondering if anyone knows when the appliances legally became a gift to mom - at purchase or at delivery. And if it is really worth fighting for or not (about $5200).

Answer:
 Your aunt sounds a bit unreasonable.

If the lawyer insists it is part of the estate, tell your brother he would like them to be given to him so he can return them.  If she's not willing to do that, get a lawyer of your own and fight that battle.  I think $5200 worth of appliances is a reasonable thing to fight over.Answer #2: Two words:  Probate Attorney.  Normally, sister would be correct since it's a gift to mom, but the fact that it was canceled but delivered anyway makes it a bit harder.  Answer #3: Did your brother pay by CC? Do a chargeback because apparently he cancelled within a valid timeframe. Since it's cancelled, the shop now owns the appliances and the aunt has to let them in to retrieve them.

It's not a gift until it's unconditional - if your brother *could* cancel, then it wasn't a gift yet.

BUT! For that amount of money, definitely get your own lawyer.Answer #4: Was the shipment and payment in his name? If she was not alive to receive this gift that was in his name and paid for with his money, then it is not part of her estate.


Title: Can legal action be taken for a mass fire of employees for wrongful termination?

Question:
I work in sales here in the Utah. Long story short, the CEO's of the company want to fire about 20 employees because my office director wanted to start his own business and was looking at getting a few people from the office to come work with him. One of the guys involved told a floor manager out of spite after he was fired that the office director was starting his own sales business and she told the CEO's. Now they just want to fire everyone in the office for no reason other than they suspect that everyone is involved (which is not the case, there's only about 5 out of the 20). The company he is starting doesn't compete in any way with the current company we are all working under, and there have never been at any time any non-compete agreements signed.

Can people take legal action for wrongful termination?

If you have any other questions for me feel free to ask and I'll do my best to answer them.

Answer: Well since we have **no idea where you are located** who knows?


Title: I think something of mine was purposefully poisoned

Question:
[removed]
Topic:
Criminal Law

Answer:
 You can take it to any number of private labs and pay to get it tested on your own.

The police investigate reports to build criminal cases for prosecution, not to satisfy your own personal curiosity.

If you think you've been poisoned, seek medical attention.  If you think your life is in danger, take reasonable steps to keep yourself safe first, and then look at putting the pieces together.


Title: My best friend (23F) has a guy “stealth” her. What are her options?

Question:
My best friend recently moved to a new state for a job and is basically all alone in a new place. She started dating a guy and 3 days ago, he removed the condom while they were having sex and ejaculated inside her. When she realized what happened, she immediately started crying because she felt violated and the guy told her to “get over it” and doesn’t think he did anything wrong.

She feels incredible violated, has been crying for the past two days, and is concerned she might have gotten pregnant as well. She just admitted to me what happened and is wondering if she should go to the police? Since I’m in a different state, I’m not sure how to help or if this would be considered assault. What should she do?

TLDR: Guy “stealthed” my best friend. Unsure if she has any kind of legal recourse.

Answer:
 Case law in the US and in Virginia specifically is very limited. Courts in other countries have consistently found that this is sexual assault, though - your best friend could file a police report, if they want to pursue that route.

She'll also want to take the usual follow-up steps - plan B, follow up with her GP, with a clinic, or with Planned Parenthood for STD testing, and pregnancy testing in a couple of weeks.


Title: Would it be worth telling my judge after I was charged with a DWI that I now take Lexapro?

Question:
Hi all,
After my dwi a couple months ago my long battle with depression and anxiety seemingly skyrocketed due to this incident and the legal fees that followed. Days without eating or seeing anybody came often. The first two weeks after it had happened I was devastated and had a panic attack one night for almost 4 hours to the point I thought I was going to die right there. Due to this whole process I consulted my doctor and he prescribed me Lexapro for my depression. Would it be worth telling the judge that my depression worsened because of this whole situation and that I was placed on antidepressants?

Answer:
 It wouldn't be as good as telling the court that you've taken steps to address your use of whatever intoxicant played a role in your DWI, like AA meetings.

I don't think your depression is relevant, and the risk of being seen as an unrepentant person looking for excuses is, in my opinion, higher than the risk of being seen as a suffering person seeking treatment.    Your attorney may know your specific judge's disposition and be able to give you better advice on that.

I hope that your symptoms are improved by your treatment regimen, but I don't think it's going to affect the sentencing for your DWI.


Title: Canada. Stepmother trying to say we have to pay dad's debts out of our inheritance.

Question:
So, synopsis – father passed away very suddenly at young age. No will. No executor. Just verbal statements. Seperated Wife( as in she lives with another guy even though they were not legally divorced.
She is my stepmother.) = gets house.  Dad’s 5 kids = get pension, life insurance etc.

There are two policies

Policy #1 – I am the beneficiary.

Policy #2 – since my dad didn’t get to it in time, SW gets this policy. She has said she will give it to us 5 kids but I do not trust this.

So, I paid for funeral, etc out of my own pocket.  I am going to the bank next week to talk about my dad’s policy #1 and splitting it evenly between siblings. My siblings = we’re cool. Shitty situation trying to do the right thing. We are all fairly young and inexperienced in this sort of thing.

Issue: I get a text from SW two days ago saying:

I paid your portion of your dad's debts out of my own money. Your dad owed money in a line of credit on a personal Mastercard, its coming out of your inheritance.

Is this allowed?  Since she got the house and is still legally married to my dad isn’t she responsible for my dad’s credit cards?

It’s not that I mind paying my dad’s debts, I really don’t. I just don’t like how sneaky and gross she’s being and if she should be paying the debts (since she’s playing this ‘grieving widow’ role even though she’s been fucking another guy and living with him and now feels like moving back into the house now that its mortgage free.)

I guess, if she should pay, I want to prove it.

But please be honest with me, if it has to come from our inheritance and it’s the law, I’ll pay it. I just need to know.

Answer:
 Former life insurance agent here.

It depends on province. OP you need to mention where you live.

If it's ontario life insurance proceeds are exempt from probate. Creditors cannot make claim to life insurance proceeds, they were never the estate's to begin with (since you're the beneficiary). And in case it comes up, it's not taxable either.

With liquid assets it's different. Debts *always* get paid before remaining assets are spread around. Once that is done, if there's a creditor who didn't notice he died, and his estate is out of probate, too bad so sad, they can't hold individual family members liable.. Unless probate wasn't administered properly.

Really, his estate should have entered probate first.

If SW really paid out from *her own* pocket and not from the estate's, then, LOL. That really sucks, she wasn't liable to pay in the first place.


Title: [Virginia] Hit a blown out tire on I-95 N want to take a claim out with the State of Virginia

Question:
I hit a big tractor trailer tire on I-95 this morning and it has damaged my bumper, brakes and God knows what else. I had it sent to a shop already and it's getting checked out.

It was recommended to me by a co-worker that I take out a claim with the state to pay for damages to my truck but I don't know where to even start. They told me a "I know a guy" story but didn't have any real advice.

Is this a real possibility? I feel as though it is the state's responsibility to keep the roadways safe and leaving a blown out tire large enough that it damaged my truck so badly seems pretty negligent to me.

Please let me know what I can do (if anything) to take a claim to get my truck fixed.
Topic:
Traffic and Parking

Answer:
 It's a highly unlikely possibility. It is the driver's responsibility to make sure they don't hit stationary objects on the road. Your best bet would be against the owner of the tractor trailer but obviously you won't be able to find that.

You really normally only have a claim against the state, and not definitively, if your accident was directly caused by unnoticeable road defects.


Title: The company i'm renting my town house from keeps denying my payments and tacking on NSF fees, and my bank claims that they aren't issuing the NSF.

Question:
Is it common or even possible for a renter to deny the payment and subsequently demand late fees? It has happened three times in two months. I called my bank and was informed that there is no reason the payment should be denied. This particular company has a repuation for being generally shitty towards tenants, but I find it hard to believe they would do something like this to scrape a little extra cash. At this point I dont care about being reimbursed for unjust late fees, but like I said, my bank agrees that I had the funds all along.

Should I pursue legal action? I don't necessarily have the funds to take a corporation to court, but I'm starting to feel a little cheated and I'm only three months into my lease.

Answer:
 My bet is that you would sue them in small claims court if it came to that (small claims doesn't require lawyers or a big investment to pursue).

Have you tried contacting the property manager and advising that the funds you send them (I would assume via check) are good and that your bank doesn't understand whey they're being returned?


Title: Lazy lawyer or contract law?

Question:
North Carolina. My sister and her husband bought a house for $95K in 1990. It's now valued at $160K. They separated for good in 1993, and he immediately started a second family; had 2 kids, owes back child support to sister for her 2 kids.

But he never filed for divorce until 2003, and in the divorce papers he wrote in a clause that any future sale of their co-owned house would be split 50/50. This ignored the fact that sis had paid $75K monthly mortgage checks during those 10 years. She signed the papers without hiring an attorney. Didn't have the money.

Now, was that not fraud on his part? Can she not go before a judge and say she was tricked? He is stealing half that $75K, is he not?

Can she rewrite divorce papers from 2003, based on fraud?

Answer: How is this fraud? She chose to sign something without fully understanding the implications.