Title: [California] Unauthorized charges on credit card from U-Haul following stolen vehicle.

Question:
My girlfriend and I rented a U-haul van back in August. The first night we had the vehicle it was stolen from outside our apartment, we believe the keys fell out of my pocket in the process of moving loads to and from the vehicle. There was no negligence on our part. We filed a police report the minute it happened, contacted the U-haul corporate office and were instructed to report to the location we rented from first thing in the morning.

When we went to the U-haul location this is what we were told: We were given a new reservation for a new uhaul under a new contract and reservation. We would be refunded the original payment of ~$800 that we gave them upfront using a credit card. We would not be held accountable for the theft of the vehicle (We also had purchased insurance for damages to the vehicle).

Fast forward a month or so and we have still not been refunded for the first reservation which we were told would be returned to the credit card balance. We begin contacting uhaul and are unable to get an answer from **anyone**. We are constantly transferred between people, telling the same story over and over again without a single answer or explanation. Back and forth between the local uhaul store, the corporate office and every branch thereof.

After weeks of this, out of all total radio silence from uhaul, a charge appears on the credit card account for ~$2,100 (which still has not had the original ~$800 refunded). We contact the credit card company about this charge and they inform us that it was immediately flagged as fraudulent on their end as well. They ask us to compile a case for a chargeback. We compile a record of calls and communication from the phone company, and we even receive voice recordings of every call and correspondence we had with uhaul and submitted it to the bank.

Uhaul had several weeks to form a response in defense of the chargeback, but once again, nothing at all. We assumed this meant the charges were being dropped. But...

Today, about 2 months later, out of nowhere, we receive a letter from collections for the amount of $2,143.92. This letter stated that this was their second attempt to contact us and collect on the amount. We are currently on the phone with uhaul, still getting transferred around and placed on hold, telling the same story again over and over.

What are our rights in this situation and what can we do? Is there action we can take against them for these fraudulent and unauthorized credit card charges and the collections claim thereafter? Any legal advice would be immensely appreciated, this has been a nightmare for the past 5 months almost.

Will update if any resolution is reached in this current phone call, but I doubt there will be.

Answer:
 > we believe the keys fell out of my pocket in the process of moving loads to and from the vehicle. There was no negligence on our part

Those two statements don't go together.  You were negligent.

> Is there action we can take against them for these fraudulent and unauthorized credit card charges and the collections claim thereafter?

No.  For one, you likely authorized this as part of your original contract.  For two, you do owe them money, because you lost their truck.  You can certainly challenge the charge, or negotiate the charge, but it's not fraudulent.


Title: I have a hunch my exhusband, father of my son, is doing drugs (crack or meth) with, what I still consider, my step son living with him.

Question:
Ok, so I have nothing in concrete. I'm inviting my stepson over this weekend to stay with his brother and I plan on trying to get some information out of him. The information that I've been able to get out of my son is not necessarily good but it could be here or there. Grown adults invite friends over and then have all of them in their room for hours before coming out where all the kids are all the time, right?
Anyway, my question is...what kind of chance do I have in getting custody of my stepson if my hunch is right. His mother lost custody of him at one point in time and is currently living out of state with her abusive boyfriend and they're both wanted here in Illinois so they can't come back.
Also, just in case anyone asks. They're definitely tweaking. Jerky, floppy head movements, talking super fast, running every where, lunging, just really weird. I've only just noticed the change since this family of 4(mom, dad, and two 10-12 children) moved in with him because they were evicted from their own home. I don't want my son going over there anymore because of the strange behavior and if it is something horrible like meth or crack, I'd really like to get his brother out too and not back to his shit head mom, either. Is there anything I can do if this what I think it is?
Topic:
Custody Divorce and Family

Answer: He's not your kid, you don't have rights to him. Your best bet is to report to CPS and if they take him, put yourself forward as a place for him to stay. CPS prefers to keep kids in familiar surroundings and with people they know if at all possible.


Title: Got myself into a "Hit & Run"

Question:
Hi guys, I am in a bundle here and i need some advice. So, yesterday as Blackfriday started, around 2:10 A.M. I drove to another city (State: Oregon) to deliver lunch for my gf who will be working a 12 hours shift. I was on the freeway ramp, getting ready to turn left onto the bridge when a car ran a redlight and hit my front bumper. They stopped for a momentarily and started taking off so I had to chase them down a couple blocks before they stopped driving. We ended up park our cars in the parking lots of subway nearby, waited till cops arrive at the scene which was about 30 mins later. The dude did not want to give me any information on his insurance or driver license. Once the cops came, we both found out that he is a minor, no driver license, and possibly no insurance either, plus he had 3 passengers in his vehicle in which 2 were childrens. About 20 minutes later, the mother came but the information that she was giving to us (the cops and me) of that the car is covered under her mom insurance which located in another state (Cali). All and all, it was already 3:20ish and i had work at 4 so i cannot stay very long (Long story short, i just started working at Costco not too long ago so i did not want to decrease my chances of getting hire fulltime) The officer offered me that he will email me all of the information about the accident so that i can work with my insurance. I voiced my concern about the whole situation to the officer after the other driver and his girlfriend were telling the officer that i was the one who hit them and he said that based on the other drivers multiple strikes and based on the damage on the car that he saw, he said that the kid will get a hefty fines and possibly more troubles. As for me, he mentioned that i should have the upper hands in this case. i accepted the offer and left once everything on my side is done.

My concern is this:
1. I had ask the officer if there were cameras at the intersection where the accident happened so that i can utilize the footage for my case, unfortunately, there is no camera at that specific intersection. Do you think i lost my chance of proving that i did have to chase them down after them attempted a hit and run, as well as who hit who first.
2. This happened during the holiday so i cannot get in touch with my insurance company as they closed 4 days straight and wont open until Monday. Will this have any affect on my case going forward based on these 2 issues that i have?
3. If the kid end up not having any insurance, I know that i would need to take it up to court for a sue, is there anything that you guys can recommend for me to do?

This is my first time that i have gotten into a car accident so any suggestions will be greatly appreciated.

Answer:
 Are you sure you can't call your insurance company? Most have a 24 hour line to report accidents.

Your insurance policy hopefully includes coverage for uninsured drivers.  You almost certainly won't need to sue. Let your insurance company handle it -- this is what they do.


Title: (NJ) How can I remove my name from an online newspaper?

Question: Was caught with marijuana and paraphernalia 4 years ago. Record is officially expunged, however when googling my name, the arrest in the local paper pops up as one of the first links. The local newspaper posts arrests weekly, and unfortunately my name was in the paper that week. How would I go about having my name permanently removed from the newspapers online arrest article so my name doesn't show up when searched?

Answer:
 > How would I go about having my name permanently removed from the newspapers online arrest article so my name doesn't show up when searched?

You don't. Answer #2: I don't think you do.

Search Engine Optimization to bury the result is your best bet in most cases.


Title: [TX] Flyer left on my car ruined the paint. Can I do anything against the business?

Question: It was made out of the same material as a glossy business card and placed on my wiper. It rained that night, followed by extreme heat in the morning, which baked it into the paint. Removing the flyer ruined the paint and it's about 75% of the 16x9 sheet so it's pretty big. Do I have any legal action I can take if they don't want to fix the damages? I haven't spoken to the business yet and I'm hoping to settle this without the law. I just want to know if I'm fucked if they say no.

Answer: NAL but it might be worth something if you ask if someone associated with the business placed the flyer before you bring up the damage. They're much less likely to deny it if they think you're a potential customer. Naturally, recording this would probably be helpful but you'd have to look into your area's one-way-recording laws/policies.Answer #2: Can you prove who put these items on your vehicle?


Title: My job requires me to travel to a nearby city several days a week. My co-worker and I travel to the same city, but she lives 30 mins away and I work a second job afterwards where co-worker returns home. They want us to carpool and are threatening our travel pay - Texas

Question:
Hello,

I currently work as an educator for a public non-profit organization in Texas. I travel to a different school every day to teach. In my company, if you are required to drive to a location outside the city limits of our office's city, then you get mileage pay for the travel. As I drive about 45 mins each way three days a week, my travel check currently come to almost $350 a month, which is much needed. I'm in the office the other two days every week.

My co-worker teaches with me. She lives 30 minutes north of me. I also work a second job on the days I teach, conveniently just minutes from the schools, so I go do my second job right after my teaching job. It takes several hours and it's physical work, and then I drive the remaining 40 minutes back home.

Our boss wants us to start carpooling to avoid paying 2 travel checks. However, it will put one of us at least 25 minutes out of our way, and it would mean I can't work at my second job. Plus I wouldn't get travel (my co-worker is further away from the schools, so she would have to swing and pick me up).

Is this legal? If it's technically legal, is there anything I can say to talk them out of mandating it? Thanks in advance.
Topic:
Employment Law

Answer:
 Do they know you work a second job?

How would they determine who gets the check?Answer #2: However things shake out, if the worst case scenario that your boss cuts your travel pay then it seems like the decision is simply a numbers one for you. Will make more money without the travel pay but with the second job, or vice versa? On your boss's end it sounds like they want to minimize their mileage reimbursement costs, which sounds reasonable. Maybe they would be willing to negotiate a cap, even if you don't carpool.

While commute expenses are usually not deductible, you might also qualify for them here. Particularly if you travel from job 1 directly to job 2, withotu a stop at home. This deduction might offset any loss you face from losing the mileage reimbursement.Answer #3: Are these mileage payments taxed? Answer #4: IANAL i think if the travel pay is explicitly laid out in your contract, this amounts to changing work conditions and (same as being fired) and entitle you to unemployment, which is a stronger case to bring to your employer.


Title: Business advice !!!!

Question: Can I give my employees $1 salary and most of there money is commission ? Because this is a commission based job however I would like to transition them into employees . Thanks in advance .

Answer:
 Location isn't optional.

America requires employers who have commissioned employees that earn less than minimum wage to make up the difference in hourly pay.


Title: Speeding without a license

Question: [deleted]

Answer: If you are going to break a law, such as driving without a license, it's best practices to not also break a second law, such as speeding, which makes it more likely for you to get pulled over.


Title: Landlord won't give me a lock on my room because it has the breaker box in it

Question:
Long time lurker, first time poster...

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This fall I will be renting a room inside of a 6 person unit in Ohio. I'm taking the basement which has been finished as a bedroom and the entire basement will be my "room". The other 5 roommates and I will share the first floor as common space and the start of my room will be at the top of the basement stairs. The owners/management company have put deadbolts on everyone's bedroom doors except for mine in the basement. I have asked them why that is and they said because the breaker box is in the basement they need the roommates to have access in case they trip something. The owners/management company have a maintenance person who is always on call and has keys to all our units and rooms. He is who they call if we are locked out and need help getting in. There was nothing in my lease saying I was going to be given or not going to be given a lock. They said they won't let me put anything on the door either.

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I just want to be able to protect myself when I'm sleeping and my belongings when I'm gone. Is there anything I can do or is it just a commodity for me to have the lock on my room?

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Also: the unit is rented out per room, so all 6 of us have separate leases with the management company and we all pay different amounts of rent based on what room we are in.

Answer:
 Are you sure the basement is a legal bedroom? How many means of egress are there?

>*Bedrooms for residents shall not be in areas such as cellars, basements, hallways, dining rooms, porches, or attics, except that a walk-out finished basement bedroom is permissible. The bedroom(s) shall not be on a floor higher than a second floor unless approved, in writing, by a fire safety inspector. Each bedroom shall be adequately ventilated, and shall have at least one screened window to the outside. Bedroom window exceptions may only be granted by local building code officials or certified fire authorities.*


Title: Cops broke into my home during wellness call and hurt themselves, I'm being sued. What do?

Question: [removed]

Answer: Give them your insurance OP. It might not work out smooth as ice perfect but its a lot easier than killing yourself. You have insurance for a reason and they will be on your side. They dont want to give them money and they will likely defend against the charges. This is why you have insurance. They will do the fighting for you. You arent going to have to pay the cops 71k because thats why you have insurance.


Title: Does an employer legally have to give you notice when decreasing your pay? (Missouri)

Question:
I work for a live-in care facility on the over night shift. The regular pay is $9/hr, with a $.25 night shift differential, which puts me at $9.25/hr. A few months ago at a meeting it was discussed that they might get rid of the differential and make a new system where one employee gets a $200 bonus every quarter. That was all that had been said about it. Today I got my check stub and the differential was gone. I texted my boss and she said that they decided on the new system.
My question is: Is it legal for them to change my pay rate without explicitly stating it first? Any advice would be appreciated, thanks in advance.

Answer: Good news! - MO is the only state which requires [30 days written notice](http://www.moga.mo.gov/mostatutes/stathtml/29000001001.HTML) prior to reducing pay.


Title: [FL] My parked car was hit. No note. Not sure what happened. What should I be doing?

Question:
My parked car was hit last night when I was out running errands.  I'm not sure when, but I have a pretty good idea.  I didn't notice until morning.

I think I know who did it, but have no proof as of right now.

Does the fact that I didn't notice until the next morning after I moved the car matter?  (It is passenger side damage and when I moved it last night, it was dark.)

If I can't get them to admit they hit my car (or if someone else hit it, whom I'd never find), who do I call?  Insurance?  Body shop?

Answer: You can call your insurance. You can call the police. But absent proof of who hit your car you will be paying your deducted. And if you don't have full coverage you will be paying for everything.


Title: My mom passed a few years ago i forgot about the will

Question:
OK. here goes.
My mom passed away a few years ago and i am her only child. she pretty much left everything to me. i forgot about the will until today. should i go ahead and have it probated? i have no idea how to go about this. she was born and raised/died in texas. i live in philadelphia. whats the best way to go about this or is it to late? i also have some land that i need handled but it seems to be tied uo in an estate that the whle family has to agree to sell or it wont be broken up. is there a way around this? thanks.
Topic:
Wills Trusts and Estates

Answer: Get a probate/estate attorney.


Title: Baltimore, MD - How are curfews legal?

Question: We've seen it happen a few times in different places, but how are curfews legal? I'm not from MD or anywhere close but I'm curious as to how curfews are legal. They make it seem mandatory, and I'm really unsure how that's legal.

Answer:
 Zemel v. Rusk, 381 U.S. 1, 85 S. Ct. 1271(1965)

> But that freedom does not mean that areas ravaged by flood, fire or pestilence cannot be quarantined when it can be demonstrated that unlimited travel to the area would directly and materially interfere with [381 U.S. 1, 16]   the safety and welfare of the area or the Nation as a whole.

The guideline is strict scrutiny. Narrowly tailored to achieve a compelling government interest. Answer #2: "They make it seem mandatory"

Let's be clear here - they don't "seem" mandatory, they ARE mandatory. If you want to test that, go walk around Baltimore City tonight after the curfew starts, with no legit reason to be there. (Medical emergency or work). They'll be glad to show you how mandatory it is.

As for their legality:
http://criminal.findlaw.com/criminal-charges/what-are-curfew-laws.html

There's a good chance there's a juvenile curfew in the area you live in, you're just not aware of it. Answer #3: 1. Curfews are not explicitly unconstitutional.

2. They have more guns.Answer #4: IANAL.

Curfews in the United States are typically imposed by municipalities pursuant to a state law delegating them the power to do so. The state's authority to do this derives from their general police power. States can pass any law so long as it does not violate the federal Constitution or that state's constitution.


Title: No lease, renter wants $300 before I grab my stuff

Question:
Simple, I was renting a bedroom with no lease. The person who rents the apartment let two more people move into my room without asking me. And still wanted half the rent.

I left the house, and now I went bacl to grab my shit and they want $300. Had four people blocking me from opening the door with my stuff.

Do I just call the police tomorrow and then they can make them let me grab it? It's literally everything I own except for my phone and wallet.

Thanks in advance. Currently living in Wyoming, USA.

Answer: Yes. Call and ask for a civil standby. You received mail there right? If so then that is considered your residence, lease or not. Good luck.Answer #2: Police may try to ignore it but say you're on probation, requesting standby just to get your things. Keep pushing and they'll do it


Title: Can i get a restraining order on my stepfather?

Question:
My stepdad has choked my mother, attempted to choke me, kicked my dog, slammed my brother against the wall repeatedly, broken doors, chased me with a drawn knife, attempted to stab my brother with a screwdriver, threatens us if we go against his word, and is notoriously racist to my mothers coworkers.

I live in Florida and was wondering if, despite some of these actions not being recent, i could get a restraining order, i have 3 siblings who will side with me but i am primarily concerned if there are ways he can defend himself against the charges and if being that old will make them invalid.

i also feel like mentioning that in the eyes of the court i can not be prosecuted as an adult, and want to know if that changes if i can get a restraining order, or if it will not allow me to press charges, i want him away from me and my family, any help is greatly appreciated.
Topic:
Other Civil Matters

Answer:
 Are you living in his house, and are you an adult? "[I]n the eyes of the court i can not be prosecuted as an adult" seems like an odd phrasing.Answer #2: So, apparently you are planning to take matters into your own hands.  Do so only if you, your siblings, or your mother are in immediate danger (i.e. he is approaching them with intent to hurt them.)

How many times have you called the police?  [CPS](http://www.myflfamilies.com/service-programs/abuse-hotline/howtoreport)?  These people are professionals and there to help you in these situations.  They, along with the DA, can have him put in jail even if your mother does not cooperate.

CPS can help you with restraining orders either directly or using a guardian ad litem (a lawyer assigned to you to protect your rights when your parents are in trouble or not acting in your best interest.)


Title: [B.C. Canada] Neighbors family keeps coming into my property. Can I send a trespass warning letter

Question:
I live on a Strata property, and my unit has 2 areas designated as Limited Common Property, a porch and a roof deck. Our neighbors keep coming into these areas, and letting their children come into these areas. I have told them dozens of times to leave and that they are not welcome.

Is what they are doing considered trespass, and can I send them Trespass warning letter?

If I can send them the letter, obviously I can phone the police if the adults then trespass, but what would be the implications if they continue to let their children into these areas? Would the parents be subject to a fine?

Answer:
 Step 1 should be raising this with your strata counsel, and step 2 would be to let them deal with the issue.

You don't own limited common property. Its called "common property" for a reason, although use is supposed to be limited to a particular unit. As a result, it is the strata that should be addressing this, not you. Have you raised this issue formally to the strata council and property management company (if there is one)?  Whether or not a fine is an available remedy depends entirely on your strata bylaws.


Title: [TX] I'm the victim of a car crash and can't get a rental car.

Question:
I was involved in an accident over a week ago where I was not deemed liable. The other driver's insurance company accepted liability but refuses to provide a rental car for me and they deemed my car to be a total loss. Since I only had liability coverage on my car, my insurance company is doing nothing to get the issue resolved. I feel like both insurance companies are ripping me off and I need a rental car ASAP!

EDIT: Thanks for all the input. I retract part of my statement stating that my insurance company is ripping me off. Liability insurance sucks but I guess being the victim of an accident does too.

Answer:
 > Since I only had liability coverage on my car, my insurance company is doing nothing to get the issue resolved. I feel like both insurance companies are ripping me off and I need a rental car ASAP!

You chose to get liability only insurance, and are now claiming that your insurance company is ripping you off for not covering more than just liability?


Title: [NY & UK] Still waiting to inherit, five years after Uncle's death (long)

Question:
I apologise in advance that this will likely be a bit of a long read, but this issue has been ongoing for over 5 years now and there isn’t an easy way to simplify it. Any advice would be very much appreciated.

I have posted this in the US sub due to the location of the death, lawyer and funds, although I am based in the United Kingdom.
My uncle (dad’s brother) died in New York just over five years ago. He knew he was ill for some time and did his best to get finances in order. He has lived and worked in the US his entire adult life. For the last couple of years of his life, he had been living with a lady (referred to as companion below) that he had been in a relationship with for a short while (1-2 years if I remember correctly). The house was his and he paid the bills.

His will stated that his savings account with Morgan Stanley would be split equally between my father (UK), his other brother (UK), and his companion (US). These funds were not to be pooled with the rest of his estate and should be distributed immediately. In addition, his companion would be permitted to carry on living in his house so long as she kept up to date with the mortgage and bills.

All of his other assets were to be sold and the estate would pay out equally to seventeen beneficiaries. These include myself, my brother, three cousins, and others based in the UK, Canada and the US. Importantly, it does not include my father, his brother or the companion.

My uncle had recommended a lawyer to handle proceedings, although I don’t think he had anything to do with the money in the Morgan Stanley account. Morgan Stanley paid out to the companion, who paid the relevant US inheritance taxes. Morgan Stanley advised that my dad and his brother may need a TIN (Tax Identification Number) in order to pay the taxes required to release the funds to them. They made a joint appointment and paid the fee to apply for this number in the UK, but once they arrived they were told that Morgan Stanley had not provided the paperwork necessary to complete the application. They queried this with Morgan Stanley, who advised that their taxation department had carried out some further research and concluded that the TIN would not be necessary and the funds could be released without attracting tax in the US. They then transferred the funds to my dad and uncle.

The lawyer who had been appointed in the will started to do whatever was needed to get the remainder of the estate in order, but quickly became quiet and eventually stopped responding to all requests for information. It transpires that he was ill and after a few months we were informed that he had died. The case was referred to the court who, after some time, appointed a new lawyer. He already knew of my uncle’s companion as, coincidentally, they had dealt with each other in the past. I’m not sure in what respect, but he is a lawyer and she is a realtor, so I am assuming it was related to that.

In the time taken to appoint the new lawyer, the companion had not been paying the mortgage or bills on the house but, as there was no lawyer, nobody took any steps to evict her. Once the new lawyer was appointed, it still took about eight additional months to remove her from the house. Whether this is because she and the lawyer knew each other and he felt guilty, or whether it just takes that long, I am not sure. In this time, she ran up debts of over $50,000. Once she was out of the house, she declared bankruptcy and, as a result, this amount was taken from the estate.

My uncle had a boat which needed to be sold. While everything was taking place, its condition was deteriorating and it was running up storage fees. The boat was originally purchased for approximately $80,000 and was much improved during the years my uncle had it. The new lawyer did find a buyer for the boat, but for about half of this value, and the fees took a big chunk out of this.

The house was sold, but had decreased in value so was in negative equity, so the difference between the owed amount and sale amount was charged to the estate.

The estate was finalised and there should have been a distribution of the total amount to the beneficiaries, but the new lawyer (who wasn’t so new at this point) said he wasn’t happy about the funds distributed to my father and uncle four years prior. He said he wasn’t sure if it was correct that they did not pay tax. Due to this, he was unwilling to release the funds until he had looked in to it further. Eventually he agreed to a partial distribution to the beneficaires, leaving the majority with him until the three year period (from filing) for the IRS to carry out an audit had passed. It was agreed that, if an audit did not occur, the funds would be distributed after this time.

When the three year period was up, we asked for an update on this distribution, but were then told that the IRS actually had a six year period to investigate. The lawyer offered two alternatives:

1. Wait until the new six year period is up and then distribute the funds.
2. Approach the IRS and ask for confirmation that no further tax is due.

Obviously option two is risky, as it may highlight an issue to the IRS that they were unaware of. Having said that, it might be worth the risk to bring an end to it all.  There is every possibility that Morgan Stanley were correct, the lawyer is being over cautious and the IRS would find in our favour, or choose not to audit at all.

We had been patient up until this point but, as the only thing stopping the money being released was the lawyers ‘uncertainty’, we pushed for some more answers. He was of the opinion that it was a mistake that Morgan Stanley released the money without my father and uncle obtaining TIN numbers, so we dug out the original correspondence from them, stating that they would not be necessary, and forwarded this through to him. Since then a few weeks have passed with no reply. Last night, after another request for information, he did reply. The general tone of the message was that we had no choice other than to wait, and that any more email communication requested would be chargeable. It appears he made the choice for us to wait, even though we didn’t specifically request that. He also seems to have done nothing with the information from Morgan Stanley.

To me this sounds like he’s going to start taking money from the fund he has decided not to hand over, to keep the people who should have it informed of why they can’t have it.

That brings us up to now. My questions, if anybody can answer them, are as follows:

Why is it the lawyer’s concern that Morgan Stanley distributed this money? If the IRS had an issue with it, they should surely be chasing Morgan Stanley. The lawyer wasn’t involved at this point.

Is it wiser for us to wait until the six year period is up, and hope that is the end of it this time? We have waited before! Or should we do everything we can to bring it to a close as soon as possible, even if this means alerting the IRS?

Is there any option for reclaiming the money that was lost due to mismanagement of the estate? It seems unfair that we have lost out due to the lack of work carried out by the original lawyer, time taken to appoint a new lawyer, unwillingness by the new lawyer to evict somebody who is running up debts etc.

If you’ve made it this far, many thanks for reading.

Answer:
 This is so complicated that you're going to need actual real legal advice from someone with knowledge of New York probate law and US tax law. Inheritances are generally exempt from taxation in most circumstances. You should be proactive with the IRS rather than attempting to wait them out; I would be highly skeptical of "wait and see if we get caught" rather than trying to actively determine a tax liability as actual legal advice from an attorney.Answer #2: Once she was out of the house, she declared bankruptcy and, as a result, this amount was taken from the estate.

Why? The estate is not liable for her debts. I would get a lawyer on this pronto.

The estate was finalised and there should have been a distribution of the total amount to the beneficiaries, but the new lawyer (who wasn’t so new at this point) said he wasn’t happy about the funds distributed to my father and uncle four years prior. He said he wasn’t sure if it was correct that they did not pay tax. Due to this, he was unwilling to release the funds until he had looked in to it further.

If he didn't know this he should not be handling the estate-this is the type of issue a competent trusts and estates attorney would know the answer to

Get a different attorney-his two proposals are equally ridiculous.  You wants trusts and settees or probate attorney-did one draft your dad's will or was it self done?


Title: I caught my neighbors reaching over my fence and tormenting my 13lb dog. (Wisconsin)

Question: I have a fenced in part of my yard where my dog has a doggy door that connects to the house.  Yesterday my daughter told me she saw one of the neighbors dump water on my dog over the fence because he was barking.  After a heated argument, he admitted to doing so.  I’m sure this is not the first time this has happened, but I want to make sure it’s the last.  Not sure if I should get the police involved?

Answer:
 So the legal complaint is likely going to be something like menacing regarding your dog, if the police do anything at all. It’s entirely possible that the police would do nothing, just take statements. In my view, the documentation if anything were to escalate would be worth filing a police report. That said, calling the police will fairly well cement your relationship with the neighbor if that matters to you.Answer #2: This isn’t legal advice, so it may get deleted. But if your dog happens to bark a lot, they are likely really bored. Most dogs should sleep almost all day, but it’s important to keep them mentally and physically engaged when they are awake. The more you or your family take on that responsibility, the less you’ll have to deal with shitty neighbors that are fed up.

Best of luck, friend!


Title: Doctor falsifying information to pass patients?

Question: [deleted]

Answer:
 That is...very bad.

What state are you in?Answer #2: Report that doctor to the state licensing board and Department of Health (or the Cali equivalent) like...ASAP.


Title: [TX] My friend got assaulted by three men at my school and he fought back in self defense.

Question:
My friend (m15)got jumped at school by three men (M17) and in self defense he fought back. The catch is that he also went too far when stopping them. He broke one of their arms, one rib, and a nose.

The school has decided that the proper punishment for him was to pay a fine of $20,000 or to be expelled from the school. This was all caught on camera in the school and the kids who jumped him were hospitalized and of course deny it all.

What options does he have and can he sue the school for this?
Topic:
School Related Issues

Answer:
 Public schools cant fine you. This is fishy. Call the police and report the assault. Texas has very pro self defense laws. After pressing charges, his parents should consider suing the parents of the kids who attacked him.

That fine doesnt sound right. Get your parents involved.


Title: [NY] Cease and desist from a well-known billionaire over trademark infringement

Answer:
 And what exactly are your non-infringing plans for Trump.Foundation?Answer #2: Heh, I recognize that font.

Bottom line, regardless whether you are in the right legally, can you afford to defend yourself if you-know-who decides to sue you?


Title: (OH) Friend is being sexually harassed at work by coworker, manager allowed coworker to continue working under stipulations not being followed.

Question:
Hello,

Recently a coworker of my friend created a fake facebook profile using her images and tried to contact other girls and solicit nude photos. A girl he contacted made a police report and my friend talked to her manager saying she was obviously not comfortable with him working there any longer.

Her workplace sat down this man and explained how out of line his behavior was, but surprisingly allowed him to keep working there under the condition that he never approaches my friend and he was demoted.

Her first day back at work the man comes up right to her like nothing ever happened and she told him to get away and told her manager and now seems to get a runaround. She is very upset and I wanted to see what legal options there were outside of quitting her job. Is it possible to get a restraining order or are there some kind of sexual harassment policies the company needs to follow?

Answer: First of all, stay out of it. You don't have a dog in this fight and you don't know all the facts. Secondly, the employer's responsibility is to make the harassing behavior stop, not stop all contact between the two people.


Title: Was pickpocketed at a bar and lost my phone

Question:
I was at a bar in Durham, NC and realized my phone was no longer in my pocket. My friend called my phone and a dude picked up saying that he'll return the phone for $50. We threatened to call the cops on him and he turned the phone off.

Using Find my iPhone I can see that my phone was last in an apartment building. I called the cops and told them all of this, and they sent a patrol officer to check it out. He told me that couldn't go knocking on people's doors.

I keep trying to call my phone but the dude who has it still has it turned off.

I don't know what to do, because the cops seem unable to do anything and I can see exactly where the phone is, but I don't know which apartment it is in the building.

Answer:
 >I can see exactly where the phone is

Just for clarity:  You know exactly where the phone WAS at the time he turned it off.Answer #2: In hindsight you should have agreed to the $50 and THEN called the police to be there for the transfer.

That guy is most likely just going to throw the phone away now.Answer #3: Without a specific apartment, the police will not just go to every single one in a building.  They *could* but it is pointless without more information like a suspect description.

Cop- *Knocks on door*

Resident- *answers door*, yes?

Cop-  *Do you know anything about an iphone that was lost at a bar?*

Resident- Nope.

Cop-  Can we come in and check, just to be sure?

Resident- NOT WITHOUT A WARRANT

Cop-  Ok, have a nice day.


Title: Pediatric dental malpractice/medical battery, having trouble finding attorney under TN law

Question:
Teeth were extracted without our knowledge or consent on our 5 year old. The state of TN requires an expert witness in all 'health care liability act' claims including those that would normally fall under common law such as leaving an instrument in a person, performing surgery at the wrong site, etc.

   My situation involves a 5 year having dental work done under sedation. The cavities were only visible in xrays, but we agreed to have caps put on several molars and porcelain crowns on the top 2 teeth. When we actually scheduled a year later (we wanted to see if the cavities changed at all) the lady taking our payment asked if we would consider extracting the front teeth as they would likely come out in 6-12 months because this would be cheaper than the crowns. We decided that since the cavities had not changed much we would leave those 2 alone completely and continue to monitor until they did come out on their own. After the surgery, we were shocked to discover the wrong treatment plan was given to the dentist and she had extracted those teeth. We were not allowed in the procedure room and the dentist did not perform the universal protocol of verifiying the correct patient/treatment.

    Every attorney we have contacted agree it is a meritorious case, but the costs outweigh the benefits so there is no real recourse of action and she is left to suffer until the permanent teeth come in hopefully within the year. She can't even toast without it hurting. We have written a letter asking for compensation. Her response is she will offer a refund of our out of pocket if we delete the negative review. I have also filed a complaint with the state board. I feel like my daughter is owed more than this. I truly feel she should be compensated daily until the permanent teeth come in based on what was charged and the dentist's own opinion that they should erupt in 6-12 months. I do not think a simple refund warrants deleting a factual review.

How can I convince an attorney to take this on? All they see is $10-20k to persue it and, while we could/should win, the rewards wouldn't offset the costs. We're not looking to get rich, any excess of the refund would be set up in our daughter's name, but we would like to see justice for this preventable negligent action.

Answer: Other than a refund, what damages do you have? I don’t see any.


Title: Creditors' claim on my father's estate - must I sell his assets or can I use an estimate?

Question:
I was referred here from r/personalfinance - I'm in the state of Tennessee. My dad died in November and I am currently inventorying his assets/debts and I am unsure of the legality of what I hope/plan to do.

Bare-bones: he has 40k in debts, ~15k in assets (optomistically) and some of his assets have sentimental value, usefulness (tools, guns), or will continue to gain value over time so I would like to keep some. Am I required to sell all of his assets and use the real value gained in negotiations to reconcile his debts, or can I use the estimated value of his assets in negotiations to settle for less and then use my own money to pay the settled amount(s)?

Answer: You should really consider a probate lawyer before you (unknowingly) break the law.  IMO this is to complicated to handle on your own.


Title: Medical Debt Collector not providing any information

Question:
EDIT: I was sued without ever being notified. So far I have had a distant family friend who is a lawyer who I will have to pay get the collector to agree to take a sum of money to settle it and then he is going to have the judgement vacated. I was never notified and therefor never had a chance to stand up for myself in court. I'm pretty angry and thinking about taking legal action against the collector. I don't understand how they can have a judgement against me without ever notifying me other than a phone call after the fact. Thanks for the advice.

Hello legaladvice,

I am writing from the state of Connecticut. I am unemployed (stay at home parent) and married. Almost four years ago, a series of incidents landed me $10,000 in medical debt. I have checked with the hospital and I do not qualify for any kind of assistance, I just had terrible insurance for years.

I paid off several of these bills and I called the hospital and tried to set up a payment plan but the minimum amount they told me to pay was too much. So I just sent them whatever money each month that I could afford to.

So for about a year I just sent what I could afford to send and then I got a letter stating my bills were sent to collections. The office of the collections lawyer called me and again they wanted me to send the hospital more money than I could afford to each month. I explained my situation and was told I could just send them a slightly lower set amount each month. It was a stretch but I have been doing this for two years now.

Now, a couple of times I have been late by a day or two.  The first time was last year and the office calls me and says I'm "court ordered "to pay double the amount we'd agreed on before. I told her I was under the impression it was the lower amount we'd agreed on previously and she said that was fine, but I'm COURT ORDERED to pay them double that amount. A couple months ago I sent the check two days late , it was already in the mail when she calls me again and tells me "I'm calling to see when you are going to send the money you were COURT ORDERED to pay?"

I have asked each time, how can this be court ordered if I never received a notice? She tells me I won't receive a notice. I ask every time for her to send me a statement, she tells me she will. She also said she'd send me a coupon book to send with my payments. I recently moved, so I thought it was possible she had sent something to my old address.

 At this point I am really tired of her calling me, and I think she is lying when she tells me it's "court ordered". So last time she called me, I told her I still haven't received a statement or any notice of a court order.She confirmed my address with me, apologized for that and told me she'd be sending it and got off the phone with me in a hurry.

I still haven't received anything. Is she trying to say by "court ordered" that I have been sued somehow without my knowledge, is this possible if I haven't gotten any sort of notice? If not, is it okay for her to be telling me I'm court ordered to pay something when I haven't actually been sued?

I always send a check every month and am getting tired of these phone calls, I have terrible anxiety and being told I'm court ordered to pay this money that I am barely scraping up every month to begin with has been causing me great distress. What I would like to do is block her phone number and just continue sending my checks. But I am afraid this will cause them to take further action and start garnishing my husband's wages or really take me to court. Are they able to suddenly decide that the amount I'm sending isn't enough, and start garnishing my husband's wages or take me to court for real?

Answer:
 Please read this: http://www.consumer.ftc.gov/articles/0149-debt-collection

You are being screwed around. From here on, communicate only in writing. Request validation of the debt, and all court records (hint - unless they committed more violations by knowingly listing a false address for you, there is no court order). Don't pay them another penny until they provide proof of ownership of the debt, a payment record, etc


Title: [Georgia, USA] Can anyone please explain adverse possession or "Squatters rights" as they pertain to my state?

Question:
I'm currently homeless and couch surfing from place to place. I recently discovered that my childhood home that was purchased from us 20 years ago is sitting on an overgrown chunk of land out in the country. I went to look at it the other day and there's no discernible "yard" and it's clearly been that way for a while. Several windows have been shattered and it's just kind of depressing the state that it's in.

The former owner (who I was told passed away several years ago) put a gate across a public road to keep people out but you can see where people have driven around it. I called the property appraisers office and they said the property was still in the name of his estate but they couldn't give me any more information on it.

I was thinking about taking some time to fix the house back up and maybe sleep there. Clearly no one has been there in several years and it's really in the middle of nowhere so no one would notice I was even there. I realize squatting is a very narrow fence to be walking, but it would be a place to sleep.

Answer:
 Nobody here can advise you how to reclaim the house by adverse possession because you would be committing criminal trespass (at a minimum) in order to do so. Answer #2: You'd be trespassing at a minimum, and possibly committing burglary, which is a felony.

In GA adverse possession requires your use of the land be "public, continuous, exclusive, uninterrupted, and peaceable" and takes 20 years.Answer #3: From a legal perspective, you'd be trespassing if someone decided to come along and decide to do anything with the house. Such as things like appraising it, destroying it, auctioning it, etc. Usually, the owner can decide whether or not you actually get arrested/cited, but police have discretion as well. Trespassing requires *knowledge* in my state. Probable cause could be met simply by the fence being around it and the house being vacant. You knew you probably shouldn't be there, so that's good enough for the law.

But, based on your statements it does not seem like anything is happening at the moment. I don't condone squatting because the house could be in limbo while an attorney, or court, finds next of kin or whatever. However, I don't think any harm would be done. If you did get the boot at any point, you'd be out a place to stay, plus any work you put into it since you have no legal right to the home. It'd be like finding an abandoned car, fixing it up, then it getting confiscated when a new/old owner comes back for it.

Best of luck.


Title: I was a passenger in an Uber accident/scam, and I feel like the other shoe is going to drop. Please help me figure this out.

Question:
My friend ordered an Uber, and when the guy shows up, he wants one of us to sit in the front seat. I wind up sitting down, and I notice his tank is empty. I tell my friend, let's get a different car, the tank is empty, and the guy is like no, we'll make it fine, or you can help me out with gas. My friend is like, that's fine. He is drunk, and I'm like, whatever, that's on you then.

We get going, and I hear a 20 minute long sob story, the guy contradicts why he was picking us up from an affluent area saying it was on his way home, but our destination was the opposite of his "home." He proceeds to miss our exit, then stop short and get rear ended on a 6 lane freeway, conveniently right where the two three lanes merge, so we are trapped in the car between 6 lanes of traffic. The car that hit us has a woman driving who immediately comes up to the car and goes straight to the guy and says "are you okay" and he'd already been complaining about his back problems, and he says "ohhh, my back" and they he gets out and goes to the back of the car with him. Now alone in the car, I'm telling my friend, this is a scam, we need to get out of here, something bad is going to happen, and after 10 minutes he gets back in, no cops arrive and we continue toward our destination. Before leaving, he keeps telling me to get his phone from under my seat, and my friend said "I can direct you from here" after I said no, just drive. I now realize they were probably colluding to whatever they were going to do next, and were listening to our conversation.

I recorded the rest of the ride, about 10 minutes, and then we got out and left. My friend refuses to tell Uber what happened or follow any protocol, because I'm thinking he thinks his parents will turn off his account, or he's being stubborn because I was right. My car was parked in his driveway, and the only angle I can possibly figure is that he's going to say I rear ended him, hit and ran, and then give my license plate number. If anyone has any other ideas what the scam is here, let me know.

I'm absolutely suffering PTSD right now from being held hostage in this terrifying situation, and knowing this guy is a scam artist, and it doesn't seem like the scam is complete. What the fuck do I do here? My friend won't tell me the guy's name, the account, anything. I feel like he had me in the passenger seat, and wanted me to grope around on the floor after the accident for some reason -- maybe to leave my DNA? Maybe the car is going to be used to commit a crime? I don't know. I'm terrified and I want to know what to do to protect myself, even though I was just a passenger, and as far as I know, he doesn't have my name -- but I guess my license plate would give that away if he has a way to find that.

What do I do here?

Answer: I think you’re being a little overly dramatic/paranoid. You weren’t “held hostage,” and seem to be grasping at straws here.Answer #2: I think you should see a therapist.


Title: Roommate wants to evict me April 1st. (BC, Canada) Roommate has decided for some reason to bring back her abusive boyfriend

Question: [deleted]

Answer:
 If this was the landlord asking you to leave you would be entitled to two months notice.

http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/landlord-notice/two-month-notice

I would assume it's the same thing in this situation... But I'm not 100% sure. So you don't have the lease in your name as well? I don't think it matters though. You live there. You are a tenant. She has to give you notice.. I would be interested to know if she can kick you out at all.. The landlord owns the property. Did you both come in at the same time and have an agreement with the landlord or did you move in under her lease, like a sub lease situation?


Title: [GA] Ice cream truck plays music outside my boyfriend's apartment for hours on end. Is there anything he can do?

Question:
My boyfriend lives in an apartment complex, and every day the ice cream truck/roaming grocery store will drive through the complex with loudspeakers blaring, for hours on end. On more than one occasion, he has parked on the street in front of boyfriend's apartment for up to 2 hours and has kept the music playing. Boyfriend works from home, so obviously this drives him up the wall.

He's talked to the man, who has refused to do anything about it. The next time it happened he called the police's non-emergency line to see if there was anything they could do, and they responded with, "Well he's been doing this for 30+ years, so no we can't do anything about it."

So my question is what can he do, if anything? He's been looking to move out, but if you all have any advice in the meantime it would be greatly appreciated.

Answer: If he's violating a noise ordinance, I don't see why the police couldn't do anything about it. Aside from the police, your boyfriend could talk to his landlord. The landlord could prohibit the ice cream truck from entering the complex. He/she should be motivated to do this since it costs nothing and would make for happier tenants.


Title: Looking for someone with military justice or JAG knowledge please

Question: [deleted]

Answer:
 You can do many things

1.) notify his/her chain of command, which will absolutely get him demoted to e-5 and maybe worse, and her to lose her commission (seems like you understand it, but it is an option)

2.) divorce, file for child support, make him pay you

3.) Separate.  As long as you are married, he owes you a large portion of the BAH.  If you need time to cool off and think about it, you can get support from him as mandated by the Army while you think about your options.
Talk to a divorce lawyer.

You can still get divorced and report him to the chain of command, but that child support will be alot less if you do so.

Talk to a civilian lawyer.


Title: [CA] Landlord is making us pay for bedbug extermination. Is this legal?

Question:
Our neighbor had bedbugs for a year and a half (she didn't tell us and we found out about this from her sister). Landlord came to check today and confirmed we had a bedbug infestation then said we would foot the bill of a 3 week extermination process. When I argued that it wasn't our fault, they basically stated "our duty is to provide you with a working apartment. We gave you one, and now you have a bed bug problem which you can't prove was our fault so now you must deal with the consequences."

My friend found this link: http://cchealth.org/bedbugs/pdf/Bed-Bugs-Law-California.pdf

It states that they need to pay for extermination, but there's one problem "The law requires a tenant to personally repair damage caused by their own acts or neglect."  My landlord is blaming us for the bedbug infestation. Regardless of fault (whether ours or my neighbor's), if we can't prove that we /didn't/ bring them in, do we still have to pay? I tried searching on this forum, and nobody seems to address this issue (that I've found). Thank you!!
Topic:
Landlord Tenant Housing

Answer:
 I'm pretty sure the landlord would have to prove you brought the bedbugs in to make you liable for the bill. Answer #2: Here's some additional information I've found and have been sending to your roommate.

http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

> Given your manager's response to your complaint, make sure you have stated your complaint in writing including a reference to the date you verbally notified her, to document that you met your duty of notice. In the same notification, request that the landlord honor its duty to promptly remedy the infestation. If the manager continues to refuse to honor her duty, contact your local fair housing or mediation program. You also can contact Project Sentinel at (888) 324-7468 or visit our website at http://www.housing.org.

Also: http://www.fairhousingoc.org/ is the one for our county.


Title: NetLaw vs LegalZoom vs other for basic estate planning docs.

Question: Just wondering if anyone had any experience with NetLaw (www.netlawinc.com) in particular. I recently got married and my wife and I would like to establish some basic estate planning documents. I don't think it's necessary for us to establish a trust at this point (we're both relatively young and don't have any children). We also will only be living in our current state (PA) for another year or so. Would it make more sense to wait until we move? Thanks for your help.

Answer: If you want it done right, you should see an attorney.  These programs are created for the widest possible audience and are unable to tailor to specific individuals.


Title: MO - Same cop keeps pulling me over for false accusations, writes me tickets, and folllows me as I leave. Is this illegal?

Question:
I live in a small SMALL town in MO and the police station is a dinky hut with 3-4 officers (that I know of).  Over the last year alone this one particular pfficer has written me 8 bogus tickets and I can't fu king afford it. It's like having an expensive gf.

They're all speeding tickets even though only ONE time was I speeding, except this last (8th) ticket is gor running a red light. The light was green, even the people beside and ahead of me went and he didn't pull them over.

I feel like I'm trapped and being harassed. I can't afford to move cities because I'm paying $200-300 every fucking month or so. I have only sped once and rightfully got a ticket, after that it was all down hill from there.

Is there anything I can do to end this?

Answer:
 Start contesting them in front of the judge every time.  If you keep paying them, it's an admission of guilt.

It may be worthwhile to contact the judge or solicitor directly (particularly if they are elected) and explain the situation to them.  Possibly even the chief.  You MAY want to do this anonymously at first to see what their reactions are.Answer #2: Cheaper solution than a GoPro would be a windshield mount for your phone and a dashcam app. I use AutoBoy Black Box on Android. It overlays the date and time, speed, and location on the video.


Title: Groupon is trying to take half of my money because the vendor closed and the groupon is expired, even though their website explicitly states that the amount paid will never expire...

Question:
I have 3 old groupons, one from 2 years ago for $53 at a go kart place and two for $75 from 2012 for CCW training classes. Both groupons are expired and both businesses have closed. I called groupon to get a refund of the amount I paid (not the promotional amount or anything crazy) and was told that they could only offer me 50% of the paid value because that's their policy. Although the level 2 CS rep did say that's not actually a policy, that's just the goodwill gesture that groupon was offering me.

&#x200B;

Links to groupon's publicly stated policies below, I cannot find any info about my specific situation though...

&#x200B;

[https://www.groupon.com/legal/termsofsale](https://www.groupon.com/legal/termsofsale)

&#x200B;

[https://www.groupon.com/legal/grouponpromise](https://www.groupon.com/legal/grouponpromise)

&#x200B;

My question is this, what are my options here outside of what groupon has given me (basically take 50% or take nothing at all.) I know this would fall under small claims court due to the amount, but I'm completely unsure of if a small claims court would hear this as a case or not and how much it would cost me to do so. I frequent r/povertyfinance if that gives you an idea of how much I can spend to fight this...

Answer: It seems like Groupon's terms of sale are clear in that all sales are final.  Their "goodwill offer" seems fairly reasonable.


Title: Former landlord changed us ~$1000 from security deposit for removing pre-existing furniture in the apartment.

Question:
This is in New York.

So 5 weeks after me and 3 other housemates left a house we were renting, I received a check in the mail with a significantly-reduced security deposit amount. Based on accompanying documentation, it seems that the landlord charged us for:

"Removed all trash from inside the house, front porch and attic. Removed sofa, carpets, and table from front porch. Removed blue area rug from living room. Took all debris to the dump."

Now, there was no trash left in the house. And all the furniture mentioned was there when we first moved in (we had a 12-month lease).

What is the appropriate course of action for this?

Answer:
 The appropriate course of action is to sue him in small claims court for the rest of the deposit. You have to prove that the furniture was there prior and there was no trash. In addition, he can only charge you for the carpets at a depreciation value.

A little side information, it seems like he is implying the sofa and table were yours. If so then you can go retrieve said items, he can charge you for storing the items, but if he actually threw them away and said they were yours then he is in a potential legal mess.

http://www.nolo.com/legal-encyclopedia/handling-tenants-abandoned-property-new-york.html Here is a link on the rules of New York on how a landlord is to handle abandoned property.


Title: A parking garage is purposefully withholding footage of a hit and run, how do I obtain it?

Question:
Hi everyone.

To start off, I am a 23 year old male living in Savannah, GA. Last Saturday evening (approximately between 10:30 pm and 9:30 am) my car was hit while parked in a parking garage. I have a rather costly membership with this garage, and was horrified when I went to my car and saw the entire rear bumper hanging by a thread from my car. I immediately called the police and went to the front desk (the location houses the Parking Services Department of Savannah so they have a person manning the desks constantly).

When I began to exain what happened, staff seemed to be immediately aware of the incident, even having a "video request form" (for security footage of the incident) half filled out and only awaiting my information. I completed the form, and when police arrived I was told I needed to wait to fill out an incident request form until video came through. I was given two contact numbers for the person apparently in charge of these situations and told to call the next day.

I've called four days, multiple times each day, in a row, all to no avail, each time being told he'd be in "the next day," or that he was out of the office. Thursday I'd finally had enough and visited the offices in person, only to be told he'd be in at 2. I returned at 2:15 and was informed he'd gone out on rounds as a meter maid already.

At this point I'm beginning to worry that the footage may have been deleted since it's been so long (five days today). I'm also paranoid that the staff may know the person involved and are trying to protect them.

This footage may very well be vital to my insurance claim, so I'm starting to become desperate. I plan on spending most of my day tomorrow sitting in the office waiting for the recommended contact.

Should they not show up, and I be refused the footage yet again, what is my best course of action against the garage? The police told me since it was private property there wasn't much they could do without the footage, and I'm not sure of my membership contracts specific wording on accidents or video, but I really need this footage. Is there any type of action I could take to obtain it, and if it no longer exists, take action against the garage itself? Thank you in advance for your responses.

Answer: The police can subpoena it. You can't force them to give you the footage, though. Tell your insurance that you're having difficulties.


Title: Employer says if I quit without notice they will pay me minimum wage for all unpaid wages. Is this legal?

Question: We have new people running the show where I work and they handed us employee handbooks they expect us to sign by Tuesday.  In small print at the end of the handbook is something that says if I quit without giving them a minimum of two weeks notice, they will only pay minimum wage for whatever hours I haven't been paid for yet.  As our paychecks are offset by a week from the pay period that means, should I quit without notice, at best I'll get 40 hours of pay at minimum wage instead of my salary and at worst a maximum of 120 hours of pay at minimum wage.  It states that by signing the handbook, which is required to keep our jobs, we agree to this.  Is that even legal?  It seems to me that is wage theft.  Can anyone let me know before I sign this?  This is in Colorado.

Answer:
 It's absolutely legal for them to say this. It's completely illegal for them to do it. If they try, file a wage claim with your state's labor board.

It *is* legal for them to change your pay to minimum wage on a going-forward basis, but not retroactively.


Title: Are there any legal arguments to be made against discrimination based on location?

Question:
I'm an American.  I have an American passport, social security number, American home address, phone number, American bank account, and have worked for nothing but American companies all my life.

However, I also have a home in The Philippines.  I go back and forth between my home in the U.S. and my home in The Philippines, six months in one place, six months in the other

I recently was applying for work online and was going to be offered a contract, but when I explained that I live both in The Philippines and in the United States, the offer was rescinded.  "We don't employ people from The Philippines," I was told.

Now, obviously it's their loss, as far as I'm concerned, and it's no big deal... but it did make me wonder:  Because discrimination against national origin is illegal, is there any argument to be made that discrimination against location is also illegal?  After all, in a way, I am being discriminated against because of my (current) national origin.

Any thoughts?

Answer: They're discriminating against people who are working in the Philippines, not people from the Philippines. That is allowed.


Title: If you know someone is being abused can you press charges on the abuser?

Question: [deleted]

Answer:
 If you believe your brother is being abused, contact CPS immediately.  Individuals don't press charges, the government does.  You are not a party to this process.

Edit:  Generally speaking, you are not a part of this process regarding charges being filed, once you've reported the abuse.  Answer #2: >My mother is in the process of taking it back to court. But I'm wondering if there's something I could do? Could I also press charges since I am aware that he is abusing him?

You can't press charges mostly because that's not how the court system works. You report crimes to the police, who then decide to press charges or not with the DA.

So you can make a police report. You can also file a report with CPS.


Title: My university automatically charges all the on campus students a 250 dollar fee, and then credits them 250 dollars of university cash that can only be spent at this one small convenience store where the prices are 3 - 4 times higher than normal.

Question:
I feel like it is unfair and anti-competitive. For example, A five minute walk down to the local walmart has a powerade for 80 cents, in the store, its $2.29.

 They also make sure that this university cash can only be spent on things in the store. You can't spend them on school supplies or books from the bookstore. All you can buy is overpriced snack items. When the semester ends, all the money you had remaining expires as well.

My location is in Georgia, USA.
Topic:
School Related Issues

Answer:
 If the policies of the school are something you can't deal with, you can work through student government to try to get them changed.

Or you can find a school with policies you like better and give THEM your money instead.Answer #2: I agree, that is unfair and anti-competitive, but the university almost assuredly is entitled to make it a condition of your living in residence. Depending on how strongly you feel about it, you can transfer to another university, talk to your reps in the state legislature, or both. Answer #3: If you feel that the school's board agreement is unfair, you are free to refuse it. They may not allow you to live in their dorms if you do, though; there's no law saying they have to let you do that.Answer #4: This would be a great topic for the school paper to do a story on exactly why this practice exists. If they need money, why not just raise fees, why would they raise fees in this roundabout way?


Title: (GA) What do I do if I don't think my case has been handled ethically or impartially?

Question:
I'm fighting a child custody case. I'm sure you can guess which parent I am, which is exactly the point of this post. I'm getting tossed around by this system like a ragdoll. I just fired my lawyer due to her basically not doing anything.

The woman I'm fighting this case against is mentally ill, I have pages upon pages of documentation showing she has a mental illness and a family history of it too. Neglect, negligence, you name it, our situations are polar opposites, which is why I am writing this. If anyone on this planet saw the two circumstances without knowing which parent is which, there isn't a single person that would agree that my daughter is in a good situation. But because they DO know which parent is which, mommy could smoke crack and blow it in my daughter's face if she wanted to, and they would still say "eh, mother knows best". Fuck that. Now they are trying to skin me by asking me for a third of my net income in child support because they would rather have my daughter staying on welfare rather than me adding her to my medical insurance plan. Mom once in a while goes "I'm scared that dad won't bring her back if he takes her" and suddenly I'm being denied visitation. This is ridiculous. Delusions of a crazed idiot are actually being entertained and I'm fed up with this whole thing.

I would like to let someone know of these circumstances and either take this to a higher court, or at least report that I don't think the guardian, nor the judge, are acting impartially, ethically, or even properly for the title they have been given. I would like for them to be held accountable for the way they are handling this case. It is an embarrassment. What can I do? Is there anything at all that can be done? It's blatant madness!

Answer:
 You can take the bitterness out of this post and stick to the facts of the situation. I promise that attitude is harming your case, I can just assure you of it. You are outwardly combative and that lends credence to some of her claims. The process is frustrating and rarely goes exctly the way either party thinks it should.

If you believe there is a specific legal problem with the way the judge behaved, you can forward your complaint to the Georgia Judicial Qualifications Commission. I would sincerely suggest you keep the "I'm a man getting screwed like they always do in custody cases" out of it and stick to specific and provable statements and actions of the actual judge at hand.


Title: Can Employer Take Away Tip Privileges?

Question:
This question is for the United States (if applicable), and the State of Georgia:

My employer enacted a new policy that allows management to take away tip privileges for employees that are performing unsatisfactorily. This would most likely come in the form of a write-up, and the tipped employee would lose tips for a day. All tipped employees make at least $30 a month in tips (closer to $150).

Is this legal? I regularly receive tips and expect them as part of my normal wage. Can my employer take away my tip privileges as punishment?

I should note that it is unclear whether the employer would try to take one's tips received for that day (clearly illegal), or revoke tip privileges for the following shift. I am specifically asking if it is legal for an employer to revoke tip privileges.

(*edit: other employees have come to me with this concern as well. One is a shift leader [not a part of management], who may lose tips for a day if one of the other employees gets written up on her shift.*)

Answer: "Tip privileges" are not something that can be taken away. By definition, a tip is a gift to the employee; it is not the employer's property. At best, your employer can assign you to work where people will not give you tips, or fire you of course. Federal law does allow the pooling of tips between front-of-the-house staff, and Georgia has not further legislated on that topic. Tip pooling arrangements don't allow the employer to keep any of the tip money.


Title: USA- how can someone be arrested for offending someone else or saying something on social media protected by the first amendment ?

Answer:
 Is it related to [this post of yours](https://np.reddit.com/r/legaladvice/comments/5msncj/al_i_made_a_comment_on_ifunny_that_offended/) where you made a rape "joke" (from context, I suspect it was more of a threat than a joke about rape) to someone from your school, and now your school is punishing you for it?

Just trying to get context so we can answer your question.

In case I'm right and you don't want to respond, I'll tell you that things like "Give me all your money or I'll shoot" isn't speech protected by the first amendment either. Answer #2: Social media expert checking in.

It depends what was said.  The 1st amendment is not absolute.

Try r/legaladviceofftopicAnswer #3: Are you referring to the time that someone saw you admit on facebook that you slapped their daughters ass (sexual assault)?

It can certainly be used against you if you admit to a crime on social media, that has nothing to do with the first amendment.


Title: (LA) Someone rear ended my car yesterday and said she 'sneezed.' Won't give me her insurance.

Question:
It was a red light and there was traffic.  I wasn't at the front of the light- way behind a couple cars and we were at the red for some time.

Suddenly my car is hit, my body is thrust forward and back because of the impact, and the crash also made a loud sound.

I was on my way to a job interview so I came out and asked her for her driver's license and insurance.  She doesn't say sorry, tells me she sneezed, and tells me my car is fine and that she needs to drop her friend off at the airport.  Super rude and super demeaning.  Tells me to calm down and that it's nothing.

She kept saying how my car is fine and that there's nothing there.  Her front had damages, but she said it was from a different accident.  Again, this is my first time being in this situation and I was trying to get to my interview.  I should've taken better images of her front damage, but I took a far away shot.

We exchanged numbers, she gave me her driver's license (New York) and her guy friend started yelling that he's late to the airport.  I kept asking her to give me her insurance and she kept fumbling.  She was driving a Mercedes.

She said she would call me and left really rudely.  Never received a call so I texted her and she sent me extremely rude text messages about how she won't give me her insurance because she tapped my car while sneezing and letting go of the brakes.

We were on a slight hill so her letting go of the brakes wouldn't have had her go forward- if anything she would've fallen backwards.

My car is a brand new leased Mercedes and had no scratches. It now has scratches and the bumper is off.  My neck feels sensitive from the whiplash and I called my insurance.  Going to get my car into a shop today.

I wanted to know if there's anything else I need to do or need to prepare for since this lady is being such a b and keeps saying I'm nasty and dishonest for doing fraud.

I just don't want to have to pay for any damages or scratches when I return my lease.  Help?  Thank you.

Edit-
I called police twice to file a report like you all suggested but they said since I have her information it's not a hit and run and since there were no crazy injuries that there's nothing to report.

I asked a police friend if I can file the report- he said there's no point since it already happened and I trust him- he wouldn't lie.  I asked insurance about this and they also said the same thing- sure if they file it cool, but the judge won't use it since it was reported after the accident.

Yes, I should've reported it on the spot but again the scratches didn't seem like a big deal at the time and I just wanted to get to my interview...

Also, when I asked her for her insurance she said she had triple a but didn't give the copy to me.

Right now my car is in the shop getting fixed and my insurance said they will waive the deductible.

Answer:
 1. File a police report.
2. Contact your insurance.
3. If damage exceeds $750, report to DMV within 10 days or lose your license (if in Los Angeles, not Louisiana).Answer #2: Contact police immediately. Did you get the plate on the car? Answer #3: Not an attorney here, just worked for one. Take this as a lesson for next time. Call the police asap. Call where you are interviewing and explain you were in a car accident and reschedule. She could counter and claim you hit her and ran. Always call the police and have them come on scene.

Ps-did you explain to your insurance /police you may have a neck injury? Neither are medical professionals and you should make a doctors appointment asap. If you require treatment, this will escalate quickly. Answer #4: I learned this the hard way: in the future if this happens to you again, take a picture of their license plate.


Title: [MI] Internet provider states we get service on there website and on phone. In person they state it will be $10,000 to run line to house.

Question:
New house, made sure internet was available there before we bought it (it's outside of town), by checking there website and calling them. They said "yes, it is available." Now that it's time to get it hooked up they're saying "we need to install the line in your neighborhood first which is $10,000."

There's no other unlimited data or highspeed providers in the area. I'm pretty mad because it was important enough for us to make sure it's available before we bought it, and they clearly make it sound like it is, never mentioning that it's technically not, that we will have to get it installed for 10 grand.

Is this legal? Anything I can do?

Answer:
 No private business owes you their services.  Unfortunately there is no legal issue here.Answer #2: See if there's a municipal services agreement you can leverage. Many communities will do this with monopoly providers.

Beyond that, your legal recourse is limited unless there's an MSA in place and they're obligated to provide you service.


Title: Dog has been accused of biting someone, dog wardens suggest putting him to sleep without any evidence.

Question:
To add some context, the dog has been in trouble before for getting out of the house after learning to open the door. Because he looks to be a Staffordshire cross, the police  were called and had initially planned on putting him to sleep until they realised he wasn't breaking the law against dangerous dogs. This does mean he has a record with dog wardens which goes against him.

We've had trouble with certain neighbours for years (who phoned the police) about multiple different issues and my mum has been constantly reported by them to the council for all sorts so we expect this new accusation is by them.

Incident from last week

My sister heard barking last week and went out to see that the dog was running around the garden so called him inside, the gate was closed and there was nobody around. Then the next day, dog wardens came to the house to speak to my mum about an alleged attack the day before. They've came back to the house today to say that there are witnesses which say that the dog was in the street, that the main child witness said he showed his teeth and tried to bite another girl but she pushed him off her and ran away. Then a man lead the dog back into the garden and closed the gate and left with the children before anybody saw them.

We're all having serious problems with this as he is a heavy dog and when he's jumping excitedly when we get home, we would be hard pushed to push the dog off, let alone a child. Nobody heard any aggressive barking or commotion out the front and if the dog is in supposed attack mode, how could somebody get him onto our property without anyone hearing anything or seeing anyone around when they went out. The wardens were not contacted until the next day and nobody thought to tell anyone in the house that the dog was 'outside attacking children.' To us, the story doesn't make sense. There is zero evidence to support it even happening and the wardens are calling it an alleged attack which has lead all us all to assume the neighbour has seen him in the yard and reported him for a bite (which he has done in the past and it has been revealed he was lying).

The wardens have said due to the nature of the allegation that we'll be taken to court and due to his history with roaming, most likely be found guilty, face a criminal record and be ordered to have the dog destroyed. We can't afford to pay thousands in court and my mum will lose her job if he gets a criminal record. They wardens have suggested us avoiding court by having him put to sleep before it goes that far. I've suggested rehoming (if we're even allowed) but they will want to look at the house and ensure he won't end up back home which means it's highly unlikely anyone will take him as he'll be labelled an aggressive dog and he's nearly 12 which lowers his chances already.

Has anyone been in this situation or have anything to suggest at all? We're all completely lost and don't want to lose a member of our family especially for something we don't even believe happened.

TL;DR - Dog has been accused of biting someone with no evidence. Wardens are suggesting putting him to sleep or going to court.

Answer:
 Dog Law specialist here.

1. "Oh, he's much noiser when he mauls people" isn't the ironclad defense it probably sounds like.
2. I don't know what jurisdogtion you're in, but the wardens sound out of their minds. Euthanizing a dog doesn't absolve you of liability for damage it's caused.
3. Is there actually a victim here? Generally dog maulings aren't subtle things.

Lastly, you've absolutely got to restrain your dog more effectively.


Title: [US, WI] Securities arbitration: Issue with Robinhood, negative balance and now owe money

Question:
So basically I've had this issue with Robinhood essentially loaning me margin that I never should have been able to get, and now holding me liable for an amount MULTIPLES more than what my account was even worth. I would like to know how to best proceed.... Here's what happened as accurately as I can describe it (sorry for long wall of text, this is what I was planning on submitting in my FINRA complaint)

This issue occurred while using Robinhood (the app). On September 4 2018, I initiated the execution of a credit put spread. I sold 26 contracts of the 09/07 $49.50 MU puts and bought 26 contracts of the 09/07 $49.00 MU puts, giving me a $208 credit. Overall, my account value at the time was around $1500, hence why I had to buy puts to cover the puts that I sold instead of purely selling cash-covered puts on Micron. However, over the course of the next few days before Friday, the day of expiry, Micron stock dropped a large amount and I was assigned the shares on 13 of the 26 contracts. At this time, my account had 1300 newly assigned Micron shares, the 13 remaining outstanding puts that I had sold, and the 26 covering $49 puts. I wanted to get out of the position so I sold 13 of the 26 $49 MU puts, thinking that Robinhood would automatically sell my 1300 shares at the same time since I was selling my protection. However, they didn't, and when I tried to manually sell those 1300 shares I couldn't since they weren't settled. At this time, I had 1300 naked shares of MU in my account, the 13 outstanding $49.50 puts that I had sold, and only 13 covering $49 puts left. Over the weekend and into the next week, the remaining 13 options spreads were properly executed at a loss of $.50 per contract as they were supposed to be. However, on Monday Sept. 10, I was still left with 1300 shares in my account. At this point my account value was displayed as in the negative thousands on the app, and I couldn't do anything except sell the shares, which I did not want to do since I wasn't sure whether I would then owe Robinhood or not. I decided to email support on Sept. 13 once I realized nothing about the account was being changed, even though this was a clear risk management error. After contacting Robinhood, they informed me that my account had an overdue Reg T call, and they sold my shares without my permission. Currently, my account no longer holds any securities since they liquidated everything, and it is still displaying a negative $2885.60 balance which I  believe that I should not owe to the broker. This was an error in their risk management systems, especially given the fact that my account was NOT a margin account and was only a cash account. I was essentially given margin of $60,000 when they first let me hold the 1300 shares of MU against my will, and now I am facing a tremendous loss due to their liquidation of the stock as well.

Any thoughts? Who can I contact/ should i reach out to a lawyer? I am at college with a law school on campus right now if that helps

Answer:
 I see. MU stripped you of your happiness as well.Answer #2: /r/WallStreetbets

You’ll fit right inAnswer #3: Paragraphs would be helpful.Answer #4: Idk why you thought selling your puts was a good idea. Robinhood did you a favor when they assigned you those shares, you could have squeezed more value from those shares by selling a call with the same strike price as your original put without any additional risk. Also for future reference, remember that when you sell a put vertical, you can also buy lower strike put spread. This OTM put condor will give you 20-30% less credit, but your probability of profit jumps from 60-70% to 80-90%.

Your next step should be contacting [FINRA](http://www.finra.org/investors/problem).


Title: Artist stole my photo

Question:
Hey! Was told to post here. I originally posted this on r/wearethemusicmakers. Basically an artist from the UK stole my photo.

Check it out: https://pbs.twimg.com/media/D6pmmgSUEAAWH9b.png:large

my original photo: https://twitter.com/starfarermusic/status/1019974156706705408

They stole my photo, cropped me out onto a different background and uploaded to all streaming platforms.

I am wondering what my options are. I live in the US. Thanks in advance!

Answer:
 This is not a fair use, despite what two other people wrote here.  It is a [derivative work](https://en.wikipedia.org/wiki/Derivative_work) and hence a copyright infringement.  You can sue them for copyright infringement and you can legitimately send any web host or app store that hosts this photo a DMCA takedown notice.

Whether you would make any money is less likely.  Having an attorney write them a cease and desist with an offer to settle for a few hundred dollars (plus the lawyer's time) might work.

Fair use in the US has a four-part test; only one of the four is how much it was transformed.  This was a commercial use, and they used most of the important part of your photo.Answer #2: Just to add, Nero is a pretty well known group in the electronic genre. This is not some unknown garage band. You should pursue this with all you can.Answer #3: Have an  copyright attorney write a letter and ask for payment for unauthorized use of artwork and include his legal fees. People in the entertainment business are very cognizant about the allowed use of images. Putting a starry sky around your central iconic image and for a commercial venture won’t fly. They’re depending on you being a poor artist who wouldn’t find his work being used. Tough for them. You did. You can arrange for a license fee for them to use your image. And you keep the rights to sell t shirts.  All kinds of rights inherent in an artwork.  So if this band hits big. You want to be protected and paid.
Disclaimer INAL but I have paid them to protect my rights.


Title: (TX) Me(26F) and my friend(30F) were violently assaulted at a nightclub. Next step?

Question: [deleted]

Answer: Call the police.Answer #2: Call the police. File a report and let them investigate. From there, you can decide if you want to file a claim against the bar and the people who attacked you.


Title: (TX) - Car Accident: Not Cited for Anything at the Scene - Am Now Cited 2 Weeks Follwing an Investigation.

Question:
Good evening,

On the weekend of DEC. 15th, I was involved in an accident on the way home from college for winter break. My car was totalled after spinning out into oncoming traffic. I walked away, (refusing medical treatment at the Scene of the crash).

When it comes to citations, I was not cited for anything at the scene; However, I just learned today from my insurance adjuster that after a police investigation (2 Weeks later) that I am now being cited for being at fault.

Quick details:
- Car was totalled completely.
- My insurance policy covers other people only.
- The accident happened during the day.
- I have pictures.
- During the day and my trip home, the weather was inclimate.
- Am on a family policy for car insurance.

What now? Can I dispute this? How will this affect my insurance rates if I windup being stuck with an accident like this on my driving record?

If there is any important information that I might have left out, please let me know.

TLDR; (Read Title).
Topic:
Traffic and Parking

Answer: You really didn't provide any info that would help anyone here answer anything. Let your insurance company deal with it.


Title: Does my mother have any leverage to keep my daughter? (GA)

Question: After having my daughter, I (21F) got really severe PPD. Nothing seemed to help. Almost 10 months later and it's still going strong. I used to have a substance abuse issue but am now on suboxone. My daughter has been staying with my parents in their rich neighborhood for the past few weeks because I started a new job with very late hours and my husband(21M) works similar hours too, so it's just been easier on my emotional state, and on her to avoid the constant shuffling around, for us to come stay with her whenever we are not working and watch her at their house while they work because they have a much bigger house, more room for her to crawl around and more toys. Today the switch flipped, and my mom is threatening to keep her, telling me I'm not allowed around her without supervision, basically taking my child from me and telling me when I can and can't see her and that I'm not allowed to be alone with my own baby. I would never put her in harms way, I would never ever let anything hurt her. She is the light of my life, she saved me, she is the reason I keep going, she is my purpose in life. My heart shattered when my own mother told me what she did. I want to go get her and bring her home tomorrow. We don't have as much space or as nice of toys but I love her more than anyone else in this whole world. If we are clean and sober and our home is drug and paraphernalia free, is there any legal ground my mother has to keep her or to tell me I can't take her home with me? I plan on going to get her tomorrow evening when they all get home. Thank you for your input in advance.

Answer:
 Given your recent post history, you are going to want to make *real sure* you're not relying on anything to flush opiates out of your system, because it's possible your mom is going to call CPS.

The best way to test clean is to be clean. Good luck, OP.Answer #2: Absent a court order or custody agreement if you’re the custodial parent it’s your kid.


Title: [Ontario] Do I have to return a foster puppy if the fostering agency no longer exists?

Question:
We got a Cairn puppy last February from a breeding agency who has a fostering program. The gist is they gave us the pup for free on the condition we return her for six days of the year, every year, for breeding purposes. After 5 or 6 breeds, we're no longer required to do so. A contract was signed by both myself and a representation from the breeding agency. I dealt with a specific breeder but the contract is with the company, not an individual.

The company dissolved in January and our contract doesn't mention anything about this kind of scenario. It's a very rudimentary contract which only covered what we need to do, the agency's responsibility for the pups health, etc. It makes no mention of things like "we reserve the right to take the puppy back" or anything like that.

The individual breeder contacted me days ago asking for the puppy back, claiming we're only borrowing the dog and it's still her property. I argue the contract is with a nonexistent company and doesn't concern the breeder, so we're not comfortable speaking to her about it. We don't intend on giving the dog back because the contract doesn't specify we should in this scenario.

Do we have to return the puppy?

Answer:
 Chances are they are a puppy mill and you should go to the police and a lawyer. You also shouldn't of bought a dog from them in the first place, but catching the scam can be hard. Just next time you find a situation thats to good to be true (heres a free 2000 dollar puppy), chances are it is(lets get some suckers to act as jail cover for our puppy mill to raise and decentralize our breeding stock we get back 1 in 10 its a win).Answer #2: IANAL, and not from Canada, but Something to bear in mind: If this breeder decides to sue you in small claims over the dog, and if they manage to win, the court will likely just ask you to pay fair market value for the dog. If you're willing to pay that, you should be able to find a way to keep the dog.

I would talk to a lawyer, have them look at the contract, and ask them about drafting a letter offering to spay or neuter the dog and pay for part of the dog's value outside of court if he determines that the dog belongs to them.Answer #3: Do you have any other papers for the dog? Anything besides the contract?  Is the dog registered with AKC or other organization?

The only way the breeder can claim ownership of the dog is if there is some paperwork stating that.