Title: Advice: Do I have a case against CVS Pharmacy in California

Question:
I was hired in the beginning of January 2016. I live in the east bay and the cvs was in the peninsula. When I was hired I was offered full time 40 hours with possibility of overtime. But instead my hours kept getting reduced, if I had a 9am shift I would leave at 6am and arrive at 8:30-8:45 am, and since the store is in downtown it has 4 color categories and you must move the car every 2 hours and it cannot be the same color, or you can park about 15 minutes away from the store and park in a free residential area; the problem is that my pharmacist does not like to have anyone park in the colors except her so she demands that everyone park far away so it does not disturb her work flow. And we are not allowed to take 10 minue breaks because she doesn't like it. So I requested to get a transfer to the CVS that is 2 minutes away from my home but she said no that she was not going to do it and that she would consider it in 2-3 years. So I called HR and Ethics line and did a cvs health employee relief fund because it was costing me more to go to work than I was making. So I wrote out a letter to her letting her know that I had done the leg work and just needed a transfer, at that time I was also on the verge of divorce and my son being taken(which has been fixed since then) so I couldn't afford to go to work. So she wouldn't accept my termination she would just remove me from the next 2 week schedule, she said that she would give me a week and once I figured out where to transfer to she would assist me. So I let her know 3 days after that meeting that I had been approved to be able to start working at the new store. But after I texted my old Pharmacist she started saying she would not do it and was fighting for me not to transfer, so I started working at the other store while they tried to finish it because they were having issues with my Numbers for employee. So now things get messed up Last day of me clocking I for work was 02/19/2016, I had been removed from schedule until everything was complete. Instead someone clocked me in but no punch out on March 5th and then she Terminated me on the 5th because I didn't go to work. I have lost wages and have lost a lot of time because of all this.

TL;DR
CVS pharmacy technician, tried to transfer got denied. Went through HR, and started working at another store. She terminated me without letting me know.

Answer:
 I don't see anything glaring, so out of curiosity, what makes you believe you have a case? A case for what?Answer #2: Find a new job.  Employers don't have a legal duty to agree to transfer you to another store.

What about applying for work at the store that's close to you?

You can file for unemployment, arguing that they told you to stay home and then fired you when you didn't show up, which is not a reasonable cause to fire someone.  You'll probably lose the hearing and the appeal, based on what I understand from what you wrote; but if you have a good argument in there that you were not fired for cause then it's worth trying.


Title: Sick husband worried about being fired (BC CANADA)

Question:
Long description for context, sorry!

My husband is currently sick with an undiagnosed gastro-intestinal condition which causes him to suddenly and violently experience vomiting or loose stools and cramping that usually set in in the 'morning' for him (he does shift work and they happen most often in the middle of the night when midnight is the start of his day). They are unpredictable and come without warning.

He has lost ~30 lbs and has gone from a healthy 150/160 to 130 within about 5 months because he has a hard time consuming food and keeping food down. He uses legally obtained medicinal marijuana at home which is the only time he is able to eat semi-normally.

Since the illness comes on quickly and aggressively he calls in sick on an average of once every other week, sometimes more, and his managers are complaining about the short notice and paying overtime for coverage. They 'want' 8 hours notice but it's not possible because he goes from fine to heaving in 10 minutes.

His direct supervisor here has had a hate for him since day one, does not have any intention of trying to teach him the job, so he's struggling there too. He is able to learn from coworkers but is being bullied by this supervisor. I fear that the anxiety could be making the attacks worse and more frequent.

They have happened while AT work and he has stayed through his shift, but people (including supervisor) have witnessed these attacks AT his job.

Additional info:
-My husband has been diagnosed with asperger's, adhd, and facial-tic tourettes I am fairly certain these are documented on his medical file but I don't know for sure. He needs additional learning resources and his supervisor isn't even providing enough training assistance for 'regular' people. Regardless, he has asked for help and clarification and was not given it. Supervisor will use his 'inability to do the job' against him to higher-ups if getting him fired is his goal.

-He was moved to this new location following 'post abandonment' when his condition reared up at his last job site and he was so violently sick at work someone had to drive him home because he was not coherent. He tried to obtain coverage but was unsuccessful so he has a warning on file.

-We have been to the hospital three times in relation to this condition. He has been seen by multiple doctors and has had multiple prescriptions to hopefully help but none have solved the problem.

We have documented proof of his illness and of him trying to get help. He never calls out sick for fun, he's always laying over the toilet gasping for breath before he calls.

Do we have any legal rights or recourse if he were to get fired for calling in sick with a condition like this?

Thank you!

Answer: You should probably look at filing for [EI Disability](https://www.canada.ca/en/services/benefits/ei/ei-sickness/eligibility.html), as it sounds like your husband has an ongoing condition that is seriously affecting his ability to work.


Title: (FL) Work cut pay by 61% after I reported hurrasemnt in the work environment.

Question: I had reported harassment in the work environment to HR, The next day I was demoted to my old position after being promoted a few months ago. I was promised my old salary but was 61% lower when my paycheck was processed. When I asked about such the low pay because I agreed to my old salary.  They said I had to pay back my promotion. The demotion wasn't justified, I think it was retaliation to my harassment report. Company to small to report to EEOC. I can report to the local county. Lawyer says he can try to negotiate a severance package or report to the local county (been with the company for 7 years). I honestly just want to quit but seeing my legal options before departing. I know I have a strong case for retaliation but I think I need to prove some type of discrimination.

Answer: If you have a lawyer you should listen to their advice. They have all the details of the case and can make a more informed decision.


Title: Wife was subpeonaed as a victim (her purse was stolen and identity used to cash checks) but was lied to by the prosecutor at court today.

Question:
So as the title states, my wife appeared for court today as a witness by subpeona. The bank involved (our bank where the checks were cashed) did not appear. The prosecutor takes my wife aside and says that everything is done for the day and that she is pretty much done. She gets to the parking lot, has a funny feeling and decides to go back. Sure enough the prosecutor notices her. She says that the prosecutor then looked surprised, notified the defendants attorney who then popped his head up also surprised. The prosecutor then takes her aside again and actually says he lied to her and that the court case is proceeding. The two lawyers then request to have the case continued at a later date. This all while the defendant is still in the hold cell.

This all seemed suspect to us. What could have possibly been going on that the prosecutor doesn't want my wife, one of the victims, there for?

Answer:
 The prosecutor likely meant that *she* was done for the day, as in there was no further need for her testimony.

There are lots and lots and lots and lots of things that go on during trial that don't require witness presence.


Title: (Michigan)I used my boyfriends card after he was arrested for DV

Question:
It's a complicated situation but I'll simplify as much as I can. My boyfriend, who is also my baby's father and the sole provider, got drunk and became physical with me. I called 911 and they took him in. I packed up all of mine and the baby's things and left. This had been escalating for a long time but I'm trying to get out now.

I took his card and used it to buy diapers, wipes, gas, and withdrew extra for anything I might need because I'm gonna be from place to place (all good places with family) while I get on my feet.

Before this arrest, I had permission to use his card countless times in the past. He gave me his PIN. I wasn't thinking about it at the time, I just needed to leave immediately and be sure I could do it safely with supplies and spare cash. Did I screw myself over? When he gets out and realizes, can he get me in trouble?

Answer:
 He can report the unauthorized use to the bank who will investigate. Since he gave you permission, he likely won't win.

He can report the unauthorized use to the police who will decide what action to take, if any.  Being as you had permission and the pin will likely result in them saying to take it up with the bank.


Title: IRS says I owe $7000 in taxes on money I never made at a job I never worked for.

Question:
So Saturday afternoon I got a letter in the mail from the IRS. Basically it said that I owe $7000 in taxes from 2016. Upon reading further it stated that I was paid $18k working for a company. Now I know for a fact I’ve never worked for this company. The owner of the company was a man who was helping my father with his business. I’m at a loss for what to do here. It seems to me that the guy used my social security number to commit tax fraud but I have no idea how to proceed. I plan on getting a lawyer to fight this but I have no idea where to really start.

Edit: I live in Maryland

Answer:
 Confirm the number on the IRS website and contact them. I've known people who worked for the IRS and they aren't boogeymen. The agents aren't trying to claw every dollar from you, they generally want to help get things sorted out. In this case they're going to be very interested in your father's business associate committing tax fraud. You may want to hesitate on telling your dad, in case his involvement is higher than you hope. This business has to prove that you worked there and they will not be able to.

If this becomes a bigger issue your next step is an accountant, especially if you've used one for your past returns. If the specific accountant you've used isn't qualified to help you they'll be able to recommend someone.

Remember, the IRS isn't out to get you. They're out to get the person who committed a crime, you're a victim here.


Title: Does my employer have a right to know my family's healthcare costs?

Question:
Location=Texas

My employer is requiring all employees and their spouses to get an annual physical in return for a discount on medical insurance.  They require an EOB as proof.  My EOB shows YTD totals and I am uneasy about my employer seeing that we had some big-ticket costs earlier in the year.  Do I have the legal right to censor this information under HIPAA?

Answer:
 You are entitled not to submit the EOB and not get the discount.

I don't see why you can't just redact the irrelevant information though.


Title: I'm being ripped off by travelocity / hotel

Question: I booked a hotel for 3 nights on travelocity. When I checked in the hotel was under major renovations which I was not aware of when I booked. I immediately called Travelocity to try and see if they could help me. After multiple calls to a call center in India nothing was resolved that night. That night my friend (who was sick at the time) repeatedly complained of the drywall dust from the halls irritating his throat and telling me he couldn't stay there anymore. So the following day I spoke with the hotel manager who then told me I needed to contact their corporate office via email to make any changes since their policy was no refunds. I received an email later that day saying that due to the condition of the hotel they agreed it was unfit to stay in. The email stated I could go ahead and check out and they would refund travelocity for the next 2 nights. So at that point we checked out and went to a different hotel. Fast forward a few days and some back and forth emails with travelocity they tell me the hotel is now refusing them a refund and continually state that in the booking it stated "no refunds" and that I'm now basically out of luck even though I show them the  email from their corporate office stating they agreed to refund 2 of the 3 nights. I called the hotel directly and the "manager" is now saying management has been replaced in the last few days and they won't honor what the previous email said. I paid with my debit card from my bank and they weren't of much help when i explained the situation to them. Do I have any recourse to recover my funds? I'm a broke med student and $160 is a lot of money to me.

Answer:
 Go back to your bank and file a chargeback for the charges. Do not get to wordy just say you did not stay at the hotel after XX/XX/XXXX date. If they push back or want proof give them a copy of your checkout statement and the e-mail.
Do not over state what happened, keep it short and to the very basic point. Don't talk about travelsocity, what he/she said, etc... just I checked out and the charges are not correct.

And from now on book directly with a hotel and use a CC. Also join a credit union, they usually are more helpful in matters like this.


Title: Pregnancy and child support

Question: I am out of touch with the legal nuances so please ensure you explain me any misconceptions I have. If your hookup gets pregnant and carries the child, and you sign the birth certificate, only to then realize that the child was not yours and she knew it, are you still required to support the child? What can you do to escape this given you are in this situation? Thanks

Answer: The answer is maybe. You didn't provide a location and there are several factors which might come into play. Don't sign anything if you have doubts about paternity.


Title: Can I change the house locks on my soon to be ex wife?

Question:
I'm located in Missouri.

In the middle of a divorce, she willingly moved out back on June 22 of this year. She has her own place now and I'm staying in our home (we both own it) while we wait for offers from the market but she randomly comes and goes as she pleases without any kind of heads up. Sometimes she takes things and I don't really mind, I would just prefer she tell me when she does so I can replace it.

Can I change the locks on the doors even though we both still split the mortgage until the house sells and she leases her own home now?

I've been told I could because it would be no different in the sense that her landlord owns her house but can't come and go as he pleases but common sense tells me I can't legally keep her out.

Any advice is welcome. Thanks.
Topic:
Real Estate law

Answer:
 You can't keep her out of a house she owns.

> but she randomly comes and goes as she pleases without any kind of heads up.

She can do that. it's her house.


Title: [CA]Can I get caught/arrested for receiving a happy ending from massage parlor a month ago?

Question: Im worried like crazy the cops are going to show up at my door to arrest me.  Like for instance if they found tissues of my dried semen(or condom) and in a police sting days, weeks, or months after I received this and run the DNA on it...would they actually do that? it seems like the longest way to arrest somebody for a misdemeanor and huge waste of time and money.  What about license plates of cars?  Super worried because of the way I look I would get physically destroyed in jail or prison. I know this is my fuck up.  Never again though

Answer:
 Chill, you are not that importantAnswer #2: You don't need a lawyer, you need a shrink.

If the cops do show up (they won't), don't answer any questions, and look for a lawyer.


Title: 20yrs old served a bottle and a half, sexually assaulted by manager at restaurant and at bartenders house by her boyfriend and his "best friend" HOUSTON TEXAS

Question: NEW UPDATE: Found an amazing lawyer and YES THE RESTAURANT WAS FOUND LIABLE. SO FUCK YOUR SHITTY NEGATIVITY (those of you who are being ridiculous) UPDATE: NO NEED FOR RUDE COMMENTS. SIMPLY JUST NEEDING ADVISE. Title speaks for itself, I've gotten a rape kit done the day of the incident, i have yet to give a recorded statement. Nobody seems to want to help. I've contacted 4 different law firms that pushed me away saying it was my fault for accepting the alcohol. please somebody help. HOUSTON TEXAS (I can go further into detail just trying to explain without 10 pages of my statement)

Answer:
 You can record your own statement in a diary or journal if you would like to. Just sit down and write out what you remember and date it.

You may want to contact this org [Houston Area Women's Center](https://www.hawc.org/en/our-services/sexual-assault-services/)

Here is their Rape Crisis Hotline:
713-528-7273Answer #2: Did you go to the police?


Title: Is it legal for my boss to tell me I must use sick time rather than paid time off for a call in?

Question: In Missouri. My company has an incentive that if you call in 2 or fewer times a year, you get four extra days off in the next calendar year. I've called in sick twice already and was struck with a case of the stomach flu yesterday and had to call out. I asked to take the day as a comp day (we get comp hours for working overtime. We can choose overtime pay or comp time we can use to take time off work later) so I won't lose my bonus time. My boss said okay, but now I'm being told that I can't do this and the day has to be taken as a sick day. Is my employer allowed to delegate how I use my time? I want to bring this up with HR but I want to make sure that I have a leg to stand on.

Answer: Yes they can. The purpose of the policy is to discourage call outs. You called out. It doesn't matter what type of leave you use to cover that time.


Title: new rule or bylaw - no pets - not sure to investigate further or ignore.

Question:
I own a condo in Saskatchewan. Recently, I received a "summer updates" email from my condo property managers stating that pets are not allowed. This was the first time I had heard of this rule and there is no indication in any of the past 3 years of AGM minutes that a 'no pets rule' had been discussed or voted on by the condo owners to become a bylaw.

The condo I own is occupied by new tenants who have one cat (and now want a second). I have told them not to get a second cat until I figure this out.

I also want to get more information about this new no pets rule/ bylaw from the property managers but I am worried that if I start asking, they will then realize that my tenants have a cat and will take action to have it removed. I really like these tenants and want to keep them happy.

Any advice or thoughts on how to proceed?

Should i just ignore the rule but only let my tenants keep one cat? Should I contact my property managers and potentially point out that I have a cat in my unit while getting more info? Any other ideas?

Answer:
 IANAL but I read this sub a lot. Someone tell me how I did!

In general, if you signed a contract saying one thing (pets are allowed) or signed a contract not mentioning the thing (no mention of pets), the other party can't just add stuff to the contract without you agreeing. This comes up with landlord/tenant posts a lot.

However it sounds like your condo owner guys are like an HOA, in which case you might be up shit creek. You will need to go and find whatever agreements you signed with them & look through the terms, particularly the part about adding new rules. While you're examining them, it would also be REALLY helpful to look for any mention of when they're allowed to enter/inspect the condo, & what actions they can take if a rule is broken.

From what I've read generally they would be taking action against you, the landlord, not your tenants. Your tenants have an agreement with you and you have an agreement with the condo guys. They would most likely fine you or something.

Ask the guys for an updated list of rules and whatnot. Just say "since you've made some changes recently I want to have them for my records."Answer #2: Contact the property management company and ask when the rule went into effect and when it was voted on.  Ask who made the changes and whether it was something that was voted upon by the condo owners or a unilateral decision by someone at the management company.

It may come down to the covenants and bylaws that govern your building.  However, if this was a legal change, then your tenants may not be able to keep your cat.  Hiding it will only cause further trouble down the line.


Title: Salary changed from non-exempt to exempt. Nothing signed or agreed to. Any ground here? (Colorado)

Question:
Sorry for yet another salary question but I couldn't find any info on this situation.

My company is restructuring and my responsibilities have shifted some. Because of this, my employer made me exempt. However, they did not give me any notice and I never agreed to the changes. I walked into work this morning and they told me not to clock in because I had been switched over. I went to HR and they aren't even sure what my salary is going to be yet. I also haven't signed anything. I'd rather stay non-exempt because I make quite a bit with OT. I'm worried my salary will be significantly reduced. Can my employer just "convert" me without any notice like this?

Answer:
 > However, they did not give me any notice and I never agreed to the changes

Neither are required.  As long as the classification is proper, they don't have to tell you until the day it happens.


Title: [GA] Can I sell T-shirts with my own original design that are inspired by or referencing things under copyright?

Question: I completely understand that I can't go to google images copy and paste an image and stick it on a t-shirt. What I'm asking and can't seem find information on is making something in reference to say a show, movie, or other types of media. Let's say I want to create a Rick and Morty inspired shirt. All art work and design is 100% original, nothing is stolen from the show but obviously it's referencing Rick and Morty something I don't own the rights to. Can I legally sell that shirt? Also how do I title the shirt? I can't title it a "Rick and Morty shirt" can I use "Inspired by..."?

Answer:
 Its best to talk to a legal professional face to face with examples so they can decide.

Essentially it needs to be created in a way that a reasonable person wouldnt confuse it for a real or official product.  For example you can make references like making a bumper sticker saying "My other car is powered by a microverse" but you cant have visually similar characters drawn.  You can even use the same style as long as you arent drawing icons from the show- no portal gun, no Meeseeks, no Rick, etc.

Turner is getting much more aggressive with copyright protections, still no Disney, but dont take them lightly.Answer #2: If it is done in your own art style, does not include logos, and does not claim to be from any IP that you don't have permission for it should be considered original work.


Title: Hunting for apartments in Oregon, predominant rental realtor keeps backing out of their best listings as 'already rented out', listing keeps reappearing as available on their site. Is this 'Ghost listing' and is it legal?

Question: The gaming I suspect: Advertise for a great priced place. Accept applicants, charge application fees. Withdraw ad for any reason (maintenance, inspection, etc), keep fees, refresh photos, repost ad the following month, excusing any lapse in availability as 'renter withdrawl'. The rent is low enough that the number of applicants might off-set the actual listing price every month.

Answer:
 I’m not familiar with the OR rental market, but is it common to pay a fee to apply for an apartment you haven’t seen in person?

Is the listing agent also the owner? If not, I can’t see the owner going along with this.


Title: Can I refuse my bf entry to our apartment because he refuses to social distance?

Question:
My bf and I live together, though I do pay for all the rent and utilities. However, he is signed on to the lease. A month ago, I was diagnosed with a viral pneumonia but tested negative. I’m still recovering and still experiencing a lot of symptoms. However, my bf is not practicing social distancing. He keeps going over to his dad’s house (who has diabetes), has been going to his friends houses, and he brought his friend and sister over to the apartment who also have not been social distancing. We’ve been having a lot of arguments with me telling him to stop hanging out with friends as I’m worried about getting the virus since I’m still recovering from a pneumonia. We had a huge fight on Monday where he temporarily moved out because he thinks I’m trying to “control him”  because I didn’t want him going out with his friends and then coming back to my apartment. But on Tuesday insisted to move back in and threatened to call the cops on me if I don’t let him back in. Today, he told me he’s going to go camp with his friends which I obviously disagree with.

My question is if there’s any way I can refuse entry since I’m scared about the effects on my health?

Answer:
 > My question is if there’s any way I can refuse entry since I’m scared about the effects on my health?

No.


Title: My 27M friend is pursuing a minor who is over age of consent. What's legal and what isn't?

Question:
I'm in Canada, and one of my friends (27M) has begun to date a 17 year-old, who he met on Tinder. He knows that age of consent in Canada is 16 and doesn't think he has to worry about anything, but I am still a little concerned for him legally.

They have not had sex, and he is strictly waiting until she turns 18 (in 3 months) before they start getting sexual. Even though it's legal for them to be sexual now, he is waiting anyway. At least that's a smart move.

What I'm concerned about is the fact that she's a minor. If they exchanged sexual texts / emails with one another, would this ever be considered underage pornography, or anything like that? Obviously if nude pictures were exchanged, that would be bad news, but I know he isn't stupid enough to do that.

My friend is making a fairly poor decision here, but he seems to be fairly interested in pursuing this.. girl. Since he won't look at the details to protect himself, I wanted to inquire for him, and make sure he doesn't land himself in a big hot mess.

Answer:
 While a bit creepy, it is legal for him to pursue a sexual relationship with her.

However, it is not legal for either party to exchange naked photos with each other, as she is still a minor. Pictures of her would definitely be child pornography. Sending of those pictures would be distribution (even if she sent them). If he sent naked pictures of himself to a minor... I don't know the charge, but it would on the order of distributing obscene materials to a minor (or a similar charge). Sending obscene texts would likely be similar.

If it were me, I'd stay far away from this situation, even if he were a close friend.


Title: [CA] Paid late rent, landlord demanded 50% rent on top as late administrative fees

Question:
Hi Reddit,

I currently live in Fremont, CA. My check was late in the post by a day (Rent due 5/1, grace period of 5 days. Mailed check received 5/6). The management company states all late rent payments are to be submitted in the form of a cashier's check or money order. I did so and submitted a cashiers check of the rent total ($1695 plus the late fee of $50 for a total of $1745) on 5/12. At this point, they again refused to accept the rent payment and issued an additional charge of $875 for legal charges. Is it legal for them to refuse payment and issue legal fees? They have just served me an eviction notice.

Thanks!!!

Answer:
 A court would laugh at them if they are trying to evict you and you are willing and wanting to pay the past due rent.

Don't pay their ridiculous fee unless it says something explicitly in your lease about that fee. Answer #2: I volunteered for a legal clinic that did housing/tenant rights work. This situation is pretty common in the Bay Area and that fee is unreasonable and unenforceable. Contact Bay Area Legal Aid. http://baylegal.org/what-we-do/housing-preservation/ even if they won't take the case they will give you good advice about how to handle it. Answer #3: I think the advice given here already is pretty solid. I would like to just add that the rent owned, since they won't take it, should be put into an escrow account so that, if need be, you can show that you have the rent money and you're not just trying to pull one over on the LL/property manager. Technically, you still owe rent even if they won't take it (which sounds weird to me to begin with). It's a demonstration of good faith, just like if you were withholding rent for other reasons (premises uninhabitable, etc.). Never hurts.


Title: NJ Conditional Discharge, positive swab test

Question: So back in April 20th of all days i had my drug test for my conditional discharge i entered back in November 2017. Now i received a notice from the probation office that i tested positive for a SWAB! Mind you i got my first notice wayyyy in advance so i stopped for 35 days no smoking nothing, went to the gym even more than i do, drank more water everything the whole nine because i didn’t know what test I’d take. So fast forward 5 months after the test and i get this...i am just baffled how i tested positive for a swab test when i didn’t smoke for 30 days. The swabs only detect maybe 2-3 days max of the thc. So now i have to go for a second test on the 28th of this month. I’m worried and frustrated that this is still going on when jersey is so close to eliminating this fear. Could i have been shafted here or what cause to me there’s no way i could have failed that swab test.

Answer:
 Everyone metabolizes drugs at different rates.   It's entirely possible to test positive for Marijuana use 30, 45 or even 60 days after you've stopped.

So now on to the legal advice:  You probably shouldn't do drugs while you're on probation.


Title: Work put me out for being pregnant

Question: I am 33 weeks pregnant.  I live in the state of Maryland.  I work in a nursing home where we lift,  tug,  and pull on residents. Today my doctor put me on a restriction of "No tugging,  pulling,  or lifting anything or any resident over 5-10 pounds without assistance." my work called me today and told me that it's too restricted for the facility,  so they are making me take my FMLA.  Is this legal?  What can I do?  My job has no short term disability, so that's not an option.  Where do I go from here? I am at a loss.  I'm pregnant or disabled.

Answer:
 > my work called me today and told me that it's too restricted for the facility, so they are making me take my FMLA. Is this legal?

Yes, that's legal.  If they're offering you legitimate, job protected FMLA leave due to your inability to work, they're within their rights.  You have the right to return to your old position as soon as you are medically cleared by your doctor.

Maryland doesn't appear to offer any state-funded disability specifically for pregnancy.  Though they do have something called TDAP for short term disability in some cases.  I'm not at all familiar with it, but it may be possible for you get something out of that.


Title: Did we accidentally commit welfare fraud? (Milwaukee, Wisconsin)

Question:
My fiance and I rent a house (both late 20's). My dad (64) owed a lot to the IRS and had to get his car fixed, so we agreed to let him rent one of our bedrooms. My dad was previously living on his own and getting food stamps and state insurance so I just updated his profile to reflect his new address, income, and new expenses: his share of rent and his own medical expenses.

I didn't think to put my fiance and I down because this felt more like a roommate situation, he doesn't contribute anything but his share of the rent. Our meals are separate.

He receives so little monthly from retirement that the food stamps really helped him pay off some IRS stuff, and we've had time to find him subsidized housing. To be honest I was a little surprised he even got food stamps because we are charging him such low rent. Regardless, he does not contribute to our income, we do not get anything but rent from him. I am not a dependent, he is not a dependent.

I came across this Massachusetts (I know, different state, different rules) website about SNAP that makes it seem like we aren't doing anything wrong (http://www.masslegalhelp.org/income-benefits/food-stamps/advocacy-guide/part2/q16-can-i-get-benefits-separately) but I guess I'm just second guessing myself. Was I correct to report him as a separate SNAP household? I'm just worried because if he has to pay for his own food, his money is going to be really tight the next couple of months and it kind of defeats the purpose of him even moving in.

Answer: Are you concerned that he shouldn't be allowed to get SNAP benefits because he is living with you?  SNAP benefits depend on his income and expenses.  It sounds like you reported that accurately.


Title: New Apple laptop under warranty not being fixed or replaced by Authorized Service Provider for over 37 days. What are my rights?

Question: Bought Macbook Pro in Canada in Aug 2017. It randomly didn't turn on on May 8 2018 (not dropped or damaged). Took it to Authorized Service Provider in the UK that Apple recommended on its website (not Apple store).  A week later, having heard nothing, I ask them what's going on, and the service provider says that the harddrive is under constraints, so replacement won't be available till Jun 14 (37 days later). They say I have a right to a replacement computer but they can't issue one since they're a third party dealer so I have to deal with Apple directly. Since then, I've been talking to various Apple 'senior' customer relations advisors. One of them said he would send me a new computer (2 weeks ago) and then he went MIA. Other advisors say that they cannot issue a new computer until 30 days has passed. They don't have managers I can talk to, I tried. A few minutes ago, I received an email from the Service Provider saying they talked to Apple and were told that I would get no replacement computer at all and I just have to wait for computer to get fixed. Is this normal? What else can I do? I have my dissertation due in a few weeks and aim going crazy. Do I take both Apple and Authorised Service Provider to small claims court? Do I hire a lawyer? What other options are there?

Answer:
 > Is this normal?

Yes. Apple repair is a nightmare and they usually end up charging you to replace parts that could be fixed because they don't typically do any repairs, just replacements.Answer #2: Legaladviceuk.


Title: (NY) I Filed a Credit Card Fraud Use for Goods I Didn't Order, Just Received a "Demand for Immediate Payment" from Law Firm.

Question:
State is New York.

About two months ago I spotted a massive charge on my Chase CC for patio furniture (I live in an apt, I don't even have a yard) totaling $6,385.75.  Chase cancelled the card and reissued a new one - received and all good there.

I got a letter from Chase in the mail dated July 3rd confirming that they "removed the transaction from my current account", and that they have closed the fraud investigation.  Great!

Today I received a certified letter dated 7/18/19 from a law firm in VA, entitled "Failure to Pay for Items Purchased - Demand for Immediate Payment".  They identify themselves as representing the patio furniture supplier in Texas and that I bought the goods on May 1 - I did not, hence my filing the fraud claim.

The delivery address is Staten Island, I do not live there.  Their claim is that I disputed the charge with PayPal alleging the transaction was unauthorized. They then go into what the PayPal process for resolution is, and that upon PayPal's investigation, they concluded that the transaction was unauthorized.

So I'm thinking someone got hold of my CC and paid for goods through their PayPal account, then used the PayPal account to buy the patio items.  I have not had any dealings with PayPal, I'm assuming Chase notified them, or PayPal discovered that Chase had a dispute case filed.

I checked my PayPal and it's all in order, and my PP payments are linked to my checking account anyway.

They included receipts for the deliveries (2 separate shipments) and invoiced.  One receipt date stamped 5/6/19 and signed by a David Russell, the other dated 5/22/19 and signed by a [my real name], but it's clearly not my signature.

From the receipts, it looks like the company "Modway" in NJ bought the goods wholesale from manufacturer Patio Furniture Co LLC in TX, who then sold retail to this person in Staten Island.

The law firm is demanding full payment within 30 days or it goes to litigation.

WTF am I to do here?  Do I need to hire a lawyer?

To be clear, I did not order any of these items and filed a CC fraud claim as soon as I spotted the charge on my card.

Happy to add anything else if I didn't cover anything.

Thanks.

Answer:
 You'll need to file a police report. Bring all the evidence you have. The CC company discharging the charge, the delivery addresses, fake signatures, etc. You'll need this to dispute with the lawyers that sent you notice. You then need to get a report from the [FTC](https://www.ftc.gov/faq/consumer-protection/report-identity-theft)

You can then send them a [notice](https://www.identitytheft.gov/Sample-Letters/identity-theft-debt-collector) (certified return receipt) that you are a victim of identity theft and credit card fraud. Send the FTC report with it.


Title: My car got hit by someone that doesn’t have insurance, and they decided not to pay saying they don’t have the money.

Question: So I just got hit by someone in their fairly new model of Benz. Fast forward, i got her number, driver license, and insurance, but how stupid i am that I did not get her license plate. So fast forward again, i called her insurance, and they said that she does not pay her insurance so that she does not have any coverage at that time she hit me. Then, I settle with her with certain amount, and after the date that she promised to pay me back she decided to send me long paragraph of me harassing her by calling and messaging her. Thus, I do not really know how to respond to this.

Answer:
 What do you mean by 'settle'? Did you agree for how much she should pay you?

Depending on your state, it costs about $100 for you to take someone to small claims court, which has about a $10,000 limit. You don't need a lawyer, just show up and present your evidence of an agreement and a lack of payment.

Did you ever call your insurance for help? Depending on your insurance, they might just cover it outright.Answer #2: If you have uninsured motorist coverage, file with your insurance.Answer #3: You live in the America? Sue. Simple as that. Get a good lawyer and sue. They don't stand a chance.Answer #4: Why isn’t your insurance taking care of it? Once you got their info you shouldn’t be doing anything.Answer #5: INAL but first it seems important to know the situation with your insurance. You're visiting, I assume you don't own the car? Are you authorized to drive it? Is it legal to be on the road (current tags, inspection, etc.)? If so, highly likely the owner is insured. Have the owner call their insurance company, give them her information, and tell them what happened. Unlike hers, this insurance company is working for you/the owner. They'll know how to best recoup expenses (because it's going to come out of their coffers if they can't find her).Answer #6: Report to the DMV. It's illegal in my state to drive an uninsured vehicle (unless there is an option, like my state has, to pay an annula fee to the DMV allowing her to drive uninsured). The courts won't help you get your money back (small claims), but they will/should enforce the law.


Title: California Franchise Tax Board took $2900 out of our bank account for back taxes we don't owe. What can we do?

Question:
My wife worked as a pharmacist in San Diego from 2005 until 2008 before we moved out of state.  Last week, when checking our bank accounts, we noticed $2900 missing.  We contacted the bank and were told the state of California levied the money from our account.  $100 was the processing fee from the bank for processing the levy request from the state.  The $2800 was taken by the California Franchise Tax Board.
We contacted the California Franchise Tax Board and this is how the conversation went:

They had sent us numerous letters inquiring about our 2015 state income tax and when we didn't respond proceeded with the levy.

They had sent all the notification letters to our old address from 2005-2008 despite having our present address on record, so we never received them.

My wife maintains her California Pharmacy license with the California State Pharmacy Board and thus they have our present address and the Pharmacy License is marked as "Out of State."  Whenever the address associated with the license is changed the state Pharmacy Board is required to update the California Franchise Tax Board info.

Besides the fact that we haven't lived in California for 10 years, the Franchise Tax Board doesn't actually have any evidence of state income tax evasion.  Somehow they saw my wife's California Pharmacy License (despite being listed as "Out of State" and having a Washington State address associated with it), saw we hadn't paid any income tax for 2015 (because we don't live there), calculated what the average California Pharmacist pays in income tax annually (~$2800 apparently) and levied our account for it.

Similar levies are in the works for 2016 and 2017 for all the above reasons.

To get our current $2800 back we have to send them a federal tax form showing our taxes for 2015 as proof that we paid them in Washington State.

Since this conversation, which happened on Wednesday of last week (5/2/2018), we faxed them the required forms the next day (Thursday, 5/3/22018) and have yet to receive our money back.  That doesn't surprise us.  We know how slow the government works.  What really, REALLY bothers us is the State of California taking, and planning to take, significant amounts of money out of our bank account for "unpaid state income tax" they have absolutely no evidence we owe and then requiring US to prove we don't actually owe it to get our money back.

It's AMAZING how much this sounds like extortion to me.

This is fucking bullshit.  What can we do about it?

Answer: You might want to try r/personalfinance for tax matters and a CPA who can help you with correspondence to the franchise tax board.


Title: (Columbus, OH) Somebody is trying to get me arrested using Microsoft's Facial Recognition software, for something I did not do nor was I even in the vicinity

Question:
So last night, there was a big Anti Trump rally on Ohio States campus. This guy was making a speech on some stairs in the union, and this big dude comes flying down the stairs, leaps, and nails the speaker to the ground, down  the steps. Right after he hits the speaker, a kid comes running up, punching the attacker, who lands probably a punch or two, before the cops pull the original attacker away and out of the building. This was all caught on video. That's how I know about it, because I was at home at the time.

Well, as it was huge news today, I was commenting on it on some facebook feed. Basically, I said the attacker had what was coming, which was about 2 punches after nearly attempting to kill someone. Well, the kid whos comment i was replying too messaged me, claiming that I was the puncher. He claimed that he used Microsofts facial recognition to make a match between him and me, and that he is going to take it to the OSU PD.

So my question is, A. will they even take him seriously? Id really rather not deal with this right now. and B. can I get him in any trouble at all for pretending to be a fucking detective essentially, and using my likeness without my permission?

Answer:
 First off, ignore internet trolls unless they're currently running for elected office.  In answer to your questions

a) No, not likely.

b) Also no.  He didn't pretend to be anything.  He claimed to use some free software on a video.


Title: If a business does not process a credit card payment properly, are they legally owed money when they realize their mistake and call 12 months later?

Question:
A family member of mine in Fountain,  CO received services from a corporate franchise auto service shop totalling $107 on May 7th, 2017.  She paid with a credit card and received a transaction approval number on her receipt, still in her possession. A full year later, the business called, explaining that "it appears we didn't finish processing your payment correctly".

She looked back in her credit card records and the business is correct; the charge was never processed with the card issuer despite her signature having been received, keys returned, transaction approval number rendered and 12 months passing before hearing anything about it.

That,  to me,  sounds like a problem for the business,  not the customer... however,  I know nothing.

Does she legally owe the business this money, or does the business hold responsibility since they didn't process the payment properly with the card issuer a year ago?

Answer: I don't know about the specific law involved, but morally, why shouldn't she pay for the work that was done?


Title: (WI) Friend won a homicide charge after spending 11 months in jail, is he owed money?

Question: My friend was charged with first degree intentional homicide in Wisconsin and spent 11 months in jail. He lost his job and spent a ton in legal fees. He was found not guilty at jury trial. Is there any way he can recoup his lost wages and or attorney fees?

Answer:
 Not normally.  He might be able to bring a civil suit if he can show malfeasance on the part of either the police or the prosecutor, but showing this can be difficult. Answer #2: Not unless the case was unusual such as a witness was threatened by the police or prosecution, the prosecution was intentionally malicious with no evidence, brady violation, or clearly no evidence, among others. Only the attorney could make such a recommendation. Such cases take a long time, are incredibly expensive, and routinely lose, even with genuinely good evidence that the prosecution was malicious or negligent.

Better off checking with the attorney about rules in Wisconsin about suppressing, sealing, or purging arrests,cases and when if available at all in the state.

If the case was covered in the media, asking them to take down any articles about a not guilty person costs very little, and they tend to be more amenable then most realize about taking down articles when found not guilty. However, if the media refuses to take down the article, you have no recourse legal or otherwise.


Title: Underage domestic abuse, Please help

Question:
My girlfriend who is currently only 15 came out to me saying that she was abused and hit by her boyfriend from when she was in 8th grade, she told me about how she stayed with him because she was scared he might do something worse, he sexually abused her and took advantage of her. She had to go out of her way to cover up her bruises by wearing a sweatshirt in summers of 90 degree weather.

She said she was actually relieved to find out that, her boyfriend cheated on her because then she was finally able to break up with him.

After that she got with a different guy who tried to use her sexually because she was vulnerable at the time.

She hasn’t told anyone else about the event not even her parents know, she told me and I wanna get her some help but I don’t know how to do that with out her being angry at me for violating her trust.

I need to know if the boy in this case would face enough legal justice in order to validate me saying anything, to adults.

Answer:
 We have no ability to guess what might happen.

She needs a counselor more than anything right now


Title: I just recently found out that my "friend"/business partner has embezzled money from our business into his personal account and am seeking advice before our meeting.

Question:
Southeast, United States.

Backstory:  My father and I had our suspicions when our business partner wasn't sending out bank statements which include copies of checks and wire transfers.  We asked them for the statements and he sent 8 out of 12 months.  In some of those statements, we found a check made out to a company( let's say 'abc construction').  When examining the back of the check, I realized it was a different account number that endorsed the check (not abc construction).  I went to the local bank and asked to see if it was definitely deposited to the bank account and found out that the bank account it was deposited into was my business partner's personal checking account.  A week later I found out that this occurred again with another check a few weeks later. These checks amount to over $100k so it's not a small amount of money that he is stealing

I plan on meeting with him and his father later this week and was wondering if anyone could give any advice on when we confront him.  Should we have a lawyer present? Should I not contact him and strictly go through the legal process?  Is it better to negotiate with him directly?  Is there any possible explanation he could have for this without it being illegal?  Could I potentially be liable if some vendors are not paid even though we have no control over the checking accounts?

Edit:  We are located in MS, have an LLC setup where we own 49% and the other father/son own 51%.
Topic:
Business Law

Answer:
 Contact a lawyer. They'll likely advise you to contact police and walk you through it. Why give the guy a running start on evading consequences by telling him what's going on?Answer #2: Please tell me you have an operating agreement or some sort of ownership terms? Answer #3: After checking with a lawyer, and proceeding with their advice as to whether or not to involve the police, check your insurance.  You might be insured against theft or have an employee fidelity bond of some sort.  Having the bank records can be useful in documenting this.Answer #4: What type of entity is this?  Partnership, corporation etc?

There are many possible explanations but it doesn't look good.  Do you keep financial statements?  How are these draws being recorded?  Is it possible he loaned the company money you never knew about etc?  You need to see financial statements, not just bank reconciliations.  You need an accountant to look over them.

You have lots of options but a simple one may be to report all that he's taken as taxable income to him, a deduction to the business then bar him from further involvement in the business.  Maybe even consider it a buyout of his share etc.  That assumes you can even things out with future profits and are not harmed in any way by the current shortage and don't want to bother with legal changes and can run the business without him etc (though you should report him to prevent him from doing this again by getting it on his record).

Exactly how you accomplish some of this depends on the entity structure.


Title: New Hampshire Break Laws

Question:
I work for a company in New Hampshire. They have their own set of break rules outside of what is just covered by state law. The longer you work the longer the break they provide. For example, a short shift gets a paid 10 minute break, over 6 hours gets a unpaid 30 minute break, and it goes up from there.

These breaks are not optional, they are mandatory. If you do not clock out for these breaks they will dock your pay to reflect the break you should have gotten. Usually they are good about keeping people to their required hours and this does not become an issue.

The problem I have been running into is with the closing shift. This shift is supposed to be 5 hours plus however long it takes for us to finish cleaning. This usually takes an extra half hour. Lately though, for varying reasons we have not been able to finish our closing duties within the 6 hour cut off. At this point in the night all the bosses want to hurry up and go home, so no break, but expect us to stay and finish the job.

I have been refusing to stay. We do not get the 30 minute required break, and are still under threat of getting our lay docked for that 30 minutes. I assume this is to incentivize us to finish quicker. I feel it is well within my rights to leave after the 6 hours. I am not getting my required break, and would not be getting fairly compensated for my work. If I stayed an extra 15 minutes for example, I would be paid for 5 hours and 45 minutes instead of the full 6 hours I would get for just leaving.

Other coworkers have been agreeing to stay to finish the job. They and my direct manager have been getting angry with me for what I believe to be following company rules. My question is, do I have any legal standing here if they ever decided to punish me for this? Could they be in trouble for violating their own break policies, and is there anything state, or federally that would cover me here?

 After doing some research I've found that New Hampshire law requires a 30 minute meal break after working 5 hours. I'm struggling to find consistent exceptions though. I do work retail, but by company rules am not allowed to eat while working.

Answer: You must (a) be given a half-hour meal break after five hours (b) compensated for all the time that you work. (The exception to (a) is if you can eat in the course of your duties, and you say this does not apply to you). So, yes, management is not acting in accordance with NH law. If youe pay is docked when you have received no break you can make a wage claim with the state DoL. You can also make a complaint to the NH DoL inspection division in regard to a violation of RSA:275-30a. In theory, your employer is not allowed to retaliate against you.


Title: [MA] Can you get a speeding ticket even if you didn't get pulled over?

Question:
I will admit, I am a bit paranoid. I just was driving up a street near my home at 40 MPH. I saw a police officer in his car checking speeds. I got nervous when I got home and looked up the speed for that road and found out it is 30 MPH. Can I get a ticket even though I was not pulled over? Is that at all likely? Oh, did I mention I literally just got my license a month ago...

Thanks

Answer:
 You didn't get a ticket, you're just being paranoid.

On the other hand, you *can* get camera tickets this way in some places, so watch out for those. Keep it 9 mph or less above the speed limit and your chances of getting a ticket are a lot lower.


Title: Neighbors dog bit mine, he hasn't paid the vet bill yet (Ohio)

Question: Next door neighbor's dog was off leash, and bit mine in my front yard, while mine was on a leash. This was a couple weeks before the holidays last year, and I told him he could pay me the bill, $211.00, after Christmas. I also told him, so long as he kept the dog on a leash from then out, I'd have no problem. Not long after that, the dog was out AGAIN. I went over to ask them what's up, and the wife raise her voice to inform me that it was an "accident" and that I, quote, "need to understand that [there] dog is HARMLESS." I lost it at this and yelled, in front of her teenage son, that she owes me money for how harmless her dog is and that I'm going to get the dog taken away/put down. A couple weeks after that, the husband stops in his car next to me when I was walking my dog, gave me a $100 bill, and used threatening language that amounted to "Don't yell at my wife in front of my kid, you need to be a good neighbor, and I can kill your dog too." I said nothing more than that I understood. About a month ago I walked over and asked him how the ret of that bill was coming, and he said "Soon" and I have spoken to him since. I also hate the dog, because it barks at me when it's tied up in their back yard, which is all the time, because they don't walk it. It's their first dog, unaltered, and a pit bull. These people are trashy, East Dayton Ohio briars. I want paid for the vet bill, and honestly, I want their dog put down out of spite at this point. What options do I have?

Answer:
 > I lost it at this and yelled, in front of her teenage son...I want their dog put down out of spite at this point

...

> These people are trashy

Pot meet kettle.

You can sue them for the remainder of the bill. You should also be contacting animal control for each instance and let the authorities deal with it.


Title: releasing medical info without consent

Question:
I had an allergic reaction to medication resulting in psychosis while traveling in spain with friends. I was hospitalized for a week and returned home.

my mother has been requesting my health records without my permission and the hospital has been sending them to her. i’m 28 years old and we have a bad relationship so it’s been a disaster. are there any laws about this?

it’s illegal in the US to release medical info without consent. trying to decide whether to ask the hospital about it.

thanks!

Answer: Were you hospitalized in the US or in Spain?  If you were in Spain I don't know if they have a law protecting medical privacy.  In the US the hospital would be in violation of HIPAA.


Title: Schizophrenic, scared to report sexual abuse...

Question:
I'm scared they'll see my diagnosis and not take me seriously.  But it happened when I was 4, and I want the man arrested and my mom charged with neglect for letting it happen (because she knew he was a molester and let him babysit me a lot).  I'm 19 now, in South Carolina.

1. Will they throw the case out? I know that it happened, *please* don't ask if I'm sure or make light of it.  I've been gaslighted so much already.

2. Could I win against my mom, for letting it happen?  I even told her at one point and she said it was normal and let him keep me often.  This isn't spite...  she has my siblings now and won't let me be alone with them (it came out that I was considering calling social services, she's scared now) and I can't make sure they're safe.

What other legal action can I take?  I honestly don't care what happens to the man or her, just that they're not allowed to keep hurting children.

Answer:
 Generally it's very difficult to prove sexual assault/abuse cases so far in the past.

Luckily for you, South Carolina has no statute of limitations for sex crimes. That said, it'll be your word vs. His word. And your recollection of incidents from when you were 4 is likely not enough to prove *beyond a reasonable doubt* that it happened.

This doesn't mean I, or anyone in the courtroom, does not believe you. Its just very tough to **prove** this without evidence or witnesses..

What you describe your mom doing is definitely a crime as well, but again, proving it beyond a reasonable doubt would be difficult.

EDIT: any chance you could surreptitiously record an admission from your mother, or (god forbid) a sibling has faced similar issues?

You can always report to CPS, so she is on their radar even if you can't prove the case 100%


Title: [FLORIDA] Is what im doing illegal? Need instant and fast help please, from more than 1 reputable person!

Question:
Hi, to whom I am speaking with,   I've sort of mustered up a program that automatically bets on a gambling site (I am 18, the requirement for the site is 18), its almost a guaranteed form of profit but the people who are buying my product are taking it and reselling it for their own gain. Is there anything I can do to stop this? Or any way I can prevent it with any legality behind it? Another question, is what im doing illegal in anyway? It is a third party gambling site in relation to a video game.

EDIT: THANK YOU FOR ALL THE HELP GUYS, I think im just going to leave it alone, theres nothing I can do about them pirating my product, I cant identify their adress and what not through steam.

Answer:
 If you need instant and fast help from a reputable person (or more), hire a lawyer (or two!).

No one here can give you any solid advice or answer based on the limited info you've provided.


Title: Neighbor put post-it notes on our mailbox saying "MOW YOUR LAWN" and "Pls, its a mess :("

Question:
Hi All,

Last year a neighbor came a few times and mowed our lawn without us knowing. We were  never home to catch him. I bought 'no trespassing signs' but neglected to put them up, as he never came back to do it again.

Fast forward to this year and presumably the same person has put these post-its on our mailbox (as well as our neighbors' mailbox).

What course of action should my wife and I take? To me this is minor, but obviously we want to proceed in an appropriate way. We are reasonable people and have never experienced this before. We mowed our lawn two weeks ago, just FYI. The neighbors' in front haven't mowed in a month, so its a bit longer. We do not have a homeowners association here or anything that would give this request any legitimacy.

Thanks!

EDIT: The guy mowed our lawn last year without talking to us and without us knowing who he is. In my mind, you ignore that, and what is to stop him from painting your house another color one day because he doesn't like it. The issue is stopping an unreasonably overzealous neighbor from going beyond reasonable people boundaries.

EDIT: I don't know which neighbor it is because he has never come to say hi or to discuss the issue, which would be my first to do action if I were in his shoes.

EDIT: I am surprised many don't think that it is unreasonable and is would mow their lawn because some random neighbor tells them to. I don't know if people are push-overs or what. But in my mind, when someone does this (or worse, shows up and mows the lawn without permission), you need to put a stop to that ASAP. Let people feel comfortable getting in your business and next thing you know they are further in your business. Like I said below, what would stop him from painting my house one day because he doesn't like the color.

Answer:
 This might be a bit far fetched but maybe you should try, I dunno, mowing your own lawn before you neighbor has to ask you to or do it for you(since it bothers you do much)? Seriously, as a home owner, you should be thankful that you have neighbors that put so much care into keeping your neighborhood clean and well kept. Just mow your lawn. Two weeks is a long time. Answer #2: Do you have carbon monoxide poisoning?

Kidding.  Anyhow, are you in violation of local laws regarding lawn maintenance?  If so, that's your larger issue and you should rectify that.

If they're only putting notes in your mailbox, there's little you can do.  Conceivably, you could call the police and file a report, but it's unlikely this would count as harassment.  Similarly, you could seek a restraining order, but again, you may not qualify and that's sort of overkill.

Answer #3: If you are the home owner? You can ignore it until the city starts giving you tickets.

If you want to be a good neighbor? You'll mow your lawn.Answer #4: Step one - mow your lawn.
Step two - continue living your life.
Repeat.


Title: If a rape has occurred a year ago, can a minor still find evidence to charge her rapist with?

Question:
there is reason to turn the rapist in apart from rape: he is planning to become a police officer in the future. minor was wearing shorts, it was summer. she has panic attacks when somebody touches her wrist the wrong way, same as he did. she is a lesbian.
this is not me
Topic:
Criminal Law

Answer:
 It's not her job to gather evidence.

She files a report and the police investigate and get the evidence.


Title: [USA - TX] Partner's ex's abuse/court threats

Question:
Throwaway, obviously. I am going to keep this as anonymous as possible to avoid his/her finding out and attempting to use this in court.

I am engaged to a person with a child under the age of 5 (let's call this person Pat, and the child Child). Pat has primary custody, and the ex (we'll call them Kris) has less than extended standard custody. Pat filed for divorce several years ago due to a continued pattern of verbal and emotional abuse by Kris, and the divorce was finalized long before I came into the picture. Since the divorce, there has been a continued pattern of abusive communication by Kris, which was significant enough that Pat's lawyer had it documented in court and had the orders modified to help protect Pat against this. Kris has a history of alcohol/substance abuse and multiple convictions for driving while under the influence - one of which resulted in jail time, long parole, and loss of license - and was (until recently) negligent on child support. While Kris currently claims to be sober, the last conviction Kris received was within the last year. Kris also has been involuntarily committed in the past, though this was not recent.

As my relationship with Pat has progressed, Kris has become increasingly demanding for more time with Child, and is threatening to sue not only Pat (for custody) but Pat's parents (for unrelated reasons), and holding these threats over Pat's head in an attempt to force a concession in modification of the orders. Due to Kris's continuing destructive behaviors, Pat and I are strongly opposed to giving any more time voluntarily, making a potential lawsuit seem inevitable. Kris is relentless and cannot be reasoned with, so coming to a mutual agreement outside of an actual lawsuit (even with simple court mediation) is most likely impossible. Pat currently has legal representation, I do not.

I'm at a loss in how to proceed in this situation. Our marriage is going to go forwards, and when we move in together it will be further from Kris (who can't currently drive). We think it is better for Child to spend as little time with Kris as possible, but we have no evidence that Kris is unsafe in the presence of Child; we just strongly feel that the parenting of Kris is dangerous long-term for healthy development.

Does Kris have a reasonable chance at increasing custodial time with Child? Aside from documentation, can we do anything to prevent abusive communication from Kris? Should I personally seek legal representation for myself from someone different than Pat's current lawyer (who I haven't spoken to)? Am I missing something vital? Our primary concern isn't the court fees, but that Child would be subjected to an environment that is not conducive to healthy child-rearing.

Any help, tips, pointers or consolation would be appreciated.
Topic:
Custody Divorce and Family

Answer:
 IANAL.

What do you mean, you have no evidence that Kris is unsafe as a parent? Kris has prior convictions less than a year ago. Kris has sent a stream of abusive communication. Kris has been involuntarily committed, for Christ sake.

You personally are not involved in this issue beyond giving emotional support to Pat, at this time. If you personally are named in a lawsuit, either hire Pat's lawyer or your own separate representation.

As far as Kris's odds of winning... Assuming you've told the whole story and there are no additional circumstances, he/she has a snowball's chance in hell of winning. I'd go so far as to wager there's a chance he/she might *lose* what custody he/she has right now.

Relax. Let Pat's lawyer handle it. Be there for Pat, and for Child. Document everything Kris does concerning you, Pat and Child. Stay out of it otherwise unless you're named in a lawsuit, or Pat's lawyer says you should be involved.

Edit: I re-read your post and saw that Kris is continuing the abuse despite a modified court order. Two things you can do for that: request a restraining order, or have your lawyer move to have him held in contempt of the divorce decree.


Title: How can police check if you’re high on cannabis if they intend to give you a DUI (in CA)?

Question: Just curious as I have an extremely high tolerance as I smoke multiple times a day and weed doesn’t affect me the way it would affect someone who just started smoking. My eyes don’t dilate, become glossy or get red anymore either. How can they prove I’m high when I’m way past the point of showing obvious symptoms?

Answer:
 Smell. Behavior. Speech. Eyes. Possessions of pot or a pipe. Admitting to it. Driving erratically. All that can be evidence of impairment. Answer #2: You asked how *police* establish suspicion of marijuana intoxication, and that's more art than science:   they use evidence of marijuana use (legal), possession of marijuana (legal), and the suspects demeanor, behavior, statements, and other evidence.

The ordinary field sobriety tests are also used with marijuana DUI suspects.   You're correct that some of the FSTs aren't as useful (horizontal nystagmus, for example) as they are for alcohol, and that high-tolerance marijuana users provide a challenge for officers trained as Drug Recognition Experts.

The other important question is how *prosecutors* establish intoxication if a marijuana DUI charge goes to court.

Here's the bad news for chronic smokers:  as part of the push for legalization, some States established a per-se intoxication level of THC in a suspect's blood, much like the well known 0.08 % BAC for alcohol.    The level is 5 nanograms/milliliter (mg/nl) in Washington and Colorado.

Some people who use marijuana daily have that level of THC in their blood all the time, no matter how sober they feel.    Those folks can get a DUI conviction in my state while completely unimpaired.

California did not include a per-se intoxication rule when marijuana was legalized, but there are [several legislative efforts](http://www.canorml.org/news/2017_bills_submitted_to_legislature) to establish such a limit or similar drug-test law.

Non-legal advice:   When you are high, you are far, far less subtle than you think.


Title: [ND, SD] Uncle died without a will. There's a 24 year old Power of Attorney that exists, but cannot currently find. Options?

Question:
So my uncle died a few days ago from cancer.  Didn't have a will, and wouldn't dictate one on his death bed without my dad there.  Well, dad didn't make from ND to SD in time while uncle was coherent.  Uncle has a 16 yr old daughter, and long time girlfriend (don't know if she's the mother) who apparently is a bit shady.  So dad's a bit worried about execution of the estate, and making sure at least the daughter is taken care of (uncle didn't have much, but dad wants to do the right thing).

Here's the rub...Uncle was in a bad car wreck in '92, was in a coma for a couple weeks, and rehab for months.  After he woke up, he signed a Power of Attorney for dad to take care of things during recovery.  We don't believe it was limited.  But, we also no longer have a copy of it, nor can remember where exactly it may have been filed.  POA would have been filed in ND, but uncle has been living in SD for at least 10 years.

Anyone with thoughts/options? Would a POA even be valid after 23 years?

Answer:
 POAs terminate on death (if not well before). Uncle's estate will be probated and distributed per the rules of your state. which probably means everything goes to the daughter.

also is GF the daughter's mom?  and did uncle have much in terms of assets?Answer #2: The POA is worthless and you should forget about it.

Somebody will have to apply to be the personal representative of the deceased and settle the estate.  The personal representative has the powers of the deceased, so is similar in concept to the POA.

If there's no will and the deceased wasn't married, the estate should go to the daughter.

http://pubstorage.sdstate.edu/AgBio_Publications/articles/FS928e-10.pdf


Title: Is suing a mechanic shop the route to take for $12,000 in damages?

Question:
My father is an owner of a tractor trailer. About two weeks ago the engine was not working and he was in Virginia (but lives in Maryland) so he took it to a shop there and the bill was about $12,000. Less than two weeks of driving, around 3,000 miles, while on the road the engine exploded. The engine is irreparable. The shop gave no warranty and wanted a direct wire transfer of the bill, no cash or check. Do we have a case or does the amount of miles driven after the repair negate any action to be taken. Thanks in advance!
Topic:
Business Law

Answer: Do you know what the original problem was,  and then the problem that caused it to blow after the repair?


Title: [OK] Caught spouse burning a ton of papers?

Question:
So we got into an argument recently about money.

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He broke a door right at the end of the argument. Told me to leave the house because "it's his house he pays for it all". We've been married for 20+ years.

Now 2 days later he has like a pile of folders and papers I seen him put in the grill and set them all on fire. One thing made a loud bang noise.

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I have no idea why anyone would burn papers unless they're planning something very bad. He also got a safe I cannot access.

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What's my best plan of action? Am I just overthinking things because of our argument? Pretty sure he is going to stop putting money in my account to pay bills. He does have a gambling addiction and I don't even know what else. bad impulse control.

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Answer:
 Get a divorce attorney and prepare to issue a ton of subpoenas to recover documentation of your marital assets from the various banks and other parties who may have that information.

If your spouse cuts off your access to marital assets to try to stop you from seeking divorce, an interim order for spousal support is pretty normal.Answer #2: Seems to me it’s time to file for divorce.  Save yourself from what ever scheme he’s grilling.Answer #3: Don't leave the house voluntarily. If you believe you may be in danger, leave immediately; departing under duress is a very different thing than simply walking out. Believe any verbal threats. File a police report if he threatened or struck you. And depending on the details, breaking something like a door could rightly be construed as a threat.

Place whatever money you can in an account with only your name on it. Do not do anything that would hide that money from a legal review of your assets, but don't have it anywhere he may have access to. Get new bank statements for any accounts you know of, while you're at it.

Get a divorce lawyer right away. Note that his income paying for the house doesn't make it more his than yours; if your joint decision was for him to be the primary provider, there's no grounds to shaft you out of real property. You are equal partners, and his shifty behavior is not helping his cause. If he is trying to hide assets, it will probably come back to bite him.


Title: My landlord tries to enter my apartment

Question:
To give a little bit of background, I'm living in a small apartment complex in Alabama with my partner. We moved in about 7 months ago.

Our apartment does inspections every month where they walk through and make sure everything is clean and in good shape. They always notify us about a week before they come. They send out typed letters with the date and time of each inspection. This month I get a handwritten letter saying we have a big inspection coming up later this month, so we should expect maintenance to be coming in and out over the next few weeks. I told her this wasn't a proper notice, and we needed to be told at least 48 hours before they were coming as agreed upon in the lease. They've been arguing that this handwritten letter is my notice. They said we know they're coming randomly until the end of the month.

This just doesn't seem right. How can that possibly be a notice when it isn't official like all of the other ones we receive? It isn't even addressed to my name, or even tenants in general. I don't feel like it's legal to expect to come into my apartment without letting me know. They're being dismissive every step of the way. When I wanted to call the company and file a complaint, they wouldn't give me any information. They told me it wouldn't make a difference.

When they sent the maintenance man out to my apartment, and I reminded him that I wouldn't let him in without a notice, she gave us a lease violation. She said we violated the lease because we wouldn't allow them to come do repairs because we were notified that this was going on. She made sure to mention she could evict us if this happened again.
I feel like this handwritten letter is in no way a notice. It doesn't have a specific date. It doesn't give any information.

I think it's important to mention this isn't our first issue. There is a consistent lack of attention from management.

Is this legal? Should I just drop it and accept it?

Answer:
 In Alabama a landlord is permitted to provide general notice of repairs over a given timespan without also giving additional notice ahead of each planned entry

Unless the handwritten note was illegible, it serves as proper noticeAnswer #2: A hand-written letter is notice. Drop it.


Title: [Canada] Animated pornography of anyone under the age of 18 is illegal. How does law enforcement determine the ages of these fictional characters when it isn't stated?

Question:
**Please keep all discussion about the laws regarding this topic, and not mention anything about me being a deviant for liking this stuff**

So I've downloaded a bunch of [hentai](http://www.urbandictionary.com/define.php?term=Hentai) and nsfw anime pictures.

I recently found out it's punishable by up to 10 years in prison if the character depicted in a sexual manner is under the age of 18, even if this character is stated as being 16-17. It doesn't make much sense to me how having a NSFW picture of a fictional character that isn't real and doesn't have any rights  or feelings aged 16 would get me sent to prison, while I could legally have sex with a 16 year old and not be prosecuted for it.

But I'm not going to discuss whether or not I think it should be legal. I just want to know how they determine the ages of these characters. Some of them, example Sinon from SAO are stated as being under 18 (16 in this case), so I've deleted those pictures. Others, it is not mentioned at all, so how does law enforcement determine if it's considered illegal or not?

What about females who look younger than they actually are but are stated to be above the age of 18? [example](http://imgur.com/CLAhqJz)

What about characters who look older than they are but are technically underage? What if the artist who drew the picture states that that certain picture is a depiction of them at an older age [example](http://i.imgur.com/wI2TiVZ.jpg)
Topic:
Non-US

Answer: OP's username checks out


Title: [USA/CA] Are there any repercussions for [an undocumented] someone who requests a criminal record from the FBI?

Question:
An aunt of mine wants to begin the process for citizenship, however around 10 or so years ago she was given an order of deportation. A lawyer she's currently seeing says the best option is to request a background check from the FBI, and depending on what the results are then they can proceed.

My question is, say the order of deportation is still active, would there be any repercussions for her since the FBI would now know her address and all of that?

Answer: Ask that attorney.


Title: (OHIO) Fiance was transferred to abusive psych hospital, need to get her out

Question: Took her in Friday because she was suicidal and I thought she'd get real help. Two days later she hasn't seen a doctor or therapist, and group therapy is using printouts from the 700 Club. She was abused by conservative Baptist parents and doesn't feel safe speaking up. How do I get her out?

Answer:
 Nothing you are saying lines up. She voluntarily committed herself. If she is no longer a danger to herself she should be able to check herself out if she chooses.

I have no idea what her abusive parents have to do with this.


Title: Wife is charged with marijuana possession in MI. Should I claim it was mine?

Question: [deleted]

Answer:
 Your wife should also seek help for her substance abuse problem. If she can't keep from smoking weed despite despite
possibility of numerous very severe consequences of use, then she has a substance abuse problem.

Admitting to a substance abuse issue and proactively seeking treatment could possibly help with her criminal case and possibly help mitigate professional discipline consequences as well.


Title: Injury opening a product

Question:
I was injured opening a bottled of a very popular beverage when living overseas for a few months. I was excited to see that they sold this US brand in the country where I was.

Fast forward to opening the bottle. The pull tab was only partially in present and not fully into the wax. I had to use a knife to cut off the rest of the wax. The knife slipped, hit the glass and a severed my median nerve in my hand. I have no feeling in the right side of a finger and limited sensation in the tip. This happened about 3 months ago.

I emailed the owner of the company once I got back about two and a half months ago and they never responded. I send them a picture of the bottle and my stitches. I then asked them about quality checks for consistency in their products. I figured maybe no response because it may be a fluff email account of the owner. A week later I email their customer support. They never emailed me back either.

Why are they doing this, and should I take legal action. Can I take legal action? I am told I could get corrective surgery as a "possibility".

Just looking for advice or any input anyone may have. I live in the US. Happened in South Africa.

Answer:
 You have a couple problems.

First you need to prove it was their negligence that was cause-in-fact that directly caused in your injury. That's going to be difficult to prove.

Your other big problem is that this took place in South Africa not in the US. You would have to take them to federal district court to sue them. And while you may be able to get personal jurisdiction in a diversity claim, your damages would need to be in excess of $75,000, which this doesn't sound like it is.

Contact them more if you'd like maybe they'll make you some kind of offer, but you're going to spend more to try and get some result than the cost of all your medical expenses even if you get the corrective surgery.


Title: I'm currently a w-2 employee and my employer is trying to force me and many other co-workers into 1099 status.

Question: Currently a w-2 employee, have been so for the better part of a year. My boss is attempting to move everyone over to a contractor form to avoid paying taxes. We do not have an employer/contractor relationship, but a very clear employer/employee contract as defined by the IRS. What are your thoughts on the situation and what could be some potential things I can do to handle this?

Answer: Don't agree to it. Send him some educational links from the IRS web site about when somebody can be properly classified as a 1099. He might just be ignorant.


Title: Phone confiscations.

Question: So I’m in 9th grade and one of my friends got his iPad confiscated, the teachers started searching his texts, photos and apps. They didn’t ask his parents before doing this and they are now placing his iPad on surveillance mode so they can see whatever he does on it. (This is a personal device) Is this allowed?

Answer: There is no such thing as “surveillance mode”.


Title: [West Virginia] employer doesn't supply drinking water and doesn't allow breaks.

Question:
Hello,
I work at a hardware store/warehouse in West Virginia. I'm part time and work roughly 20 hours a week while going to school. I always thought and have always seen water being supplied for employees at the employers expense. This is not the case here, however. If us guys in the warehouse, which is easily over 100 degrees in the summer, want water, we have to buy it from the store and leave it in a fridge. Also, they don't have any of the signs stating anything about getting paid breaks either. I've always been employed by people who strictly follow the 4hr of work = 15minute break and I'm pretty sure it's mandatory.

If someone is familiar with labor laws could they give me some insight

Answer:
 > I'm pretty sure it's mandatory

Not for short shifts. In West Virginia, employers must provide meal breaks, but not rest breaks. Employees in West Virginia are entitled to take a meal break of at least 20 minutes for each **six consecutive hours** they work.

As for water, OSHA says yes.

>1926.51(a)(1)
>An adequate supply of potable water shall be provided in all places of employment.


Title: [FLORIDA] Employer wants to withhold wages from employee for a customer's bounced check

Question: Convenience store/gas station, they accepted a handwritten check in the amount of $750 in accordance with their check acceptance policy. My SO wasn't even the clerk who accepted the check, however he knows the guy that knows the guy who wrote it. The check bounced, and now the owner says he will be taking the $750 out of my SO's paycheck, as well as another person's tab who didn't pay (also not my SO that extended the credit, that was the owner that gave credit). What should he do?

Answer: Don't take advice from internet randos -- there's some bad advice here.  Have your SO call the local department of labor wage and hour division.  [Link](https://www.dol.gov/whd/america2.htm#Florida)


Title: I have a friend who is going to lose school credits because her mom will not call her school for an excused absence while she is sick. What can be done about this?

Question:
My friend, let’s call her L, is a high school girl that does not have a good home life. L’s mom is verbally abusive, and resents L for being alive. This week, L has gotten sick, and for multiple days has not been to school, nor has she seen a doctor. Since L is sick, L’s mom needs to be calling the school each day to make sure that L’s absence is excused. However, L’s mom has not been calling the school to excuse the absences, and as such the absences have accumulated to the point that L will lose credits for unexcused gaps in attendance. I should mention that this takes place in Missouri. What can be done to make sure that these credits are not taken away from her?
Topic:
School Related Issues

Answer:
 When she goes back to school, speak to a guidance counselor. If she has a reputation as a reasonable student without a history of disciplinary actions, they will probably work with her.

If she has another adult relative that can vouch for her moms bad behavior, that would help, but isn't necessary.

If she's a senior this year, hope for the best. Once she turns 18, she can legally submit her own absent excuses, but no one likes to tell kids that. If she's younger, she might need to work with someone in the school. Educational neglect is a legal issue. Parents are responsible for ensuring their children attend school, and for providing the support they need to navigate the school system.... that includes basic signatures and such.

Large school districts have an office or resources to help students that need assistance independent of their parents. See what's available in your area.


Title: Production company won't pay me for 2 months of work. What do I do?

Question: [deleted]

Answer:
 Two factors here. First, you were probably misclassified. Meaning they'll owe the IRS among other problems, and/or you'll probably owe the IRS self-employment taxes among other things. (What taxes have you been paying on your income?)

You can accept that you were a contractor sue them, that's one option. Or you can go the route of misclassification and file a [wage complaint](https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm). That's easier.


Title: I might be sued by my colleague for racism in the workplace when she’s simply bad at her job

Question:
I’ve been working in my current place for a few months (a slightly shorter period of time than this colleague) and this is my first job. I’m fresh out of school and on my gap year steadily applying for university - in a short, I have little experience of the workplace. We work in the same position in 24 hour shifts.

This colleague (let’s call her z) was bad at the job from the very beginning. My trainer complained about her. My supervisor, an emotionally intelligent, mature and welcoming person, broke the boundaries of professionalism and shared her exhaustion with supervising her. My colleagues dread when she comes on shift because we know what kind of minefield she will leave behind for us to tidy up. One time, I came from annual leave and my colleagues’ faces from a different department lit up with happiness.

Myself and my other colleague (there’s three of us in the same position) always exhaust ourselves with fixing z’s mistakes and retraining her. My other colleague is more emotionally intelligent than I am and she’s been in the workplace for longer than I have; she does not have the emotional reaction that I have when we have to work overtime to correct her mistakes or finish my own tasks because z is  unreliable.

Additionally, she’s rude and disrespectful to other staff. She takes no responsibility for her actions. When confront by managers about any problems she may be experiencing, her answer is that there are none - except that the office is untidy (because I never have time to clean it, while I’m fixing her mistakes).

There’s the additional problem of her being the only black person in the department.

Today, my supervisor sat me down to tell me that my emails are too aggressive towards z, even when I haven’t tried to be aggressive. Apparently, I pour a lot of my frustration into these communications.

Since z has this in writing, she can sue me for racism. She hasn’t done it yet, but she’s threatening to go to HR.

Any advice?

Answer:
 > she can sue me for racism

Maybe in the land of fairies and unicorns.

Presuming you’re in the US:

Racism is not illegal. Racism in the workplace can place liability on an **employer** that doesn’t address it.

You can be fired for virtually any reason. Including writing unprofessional emails. It’s vanishingly unlikely you’d be personally sued.


Title: [HI] Landlord is monitoring my comings and goings with home security system

Question:
I recently began renting a room in my landlord's home (therefore my landlord is also my housemate).  The house is quite large, with 4 individual, separate units.  When I previously visited the property, my landlord told me that she has a few security cameras installed.  I was under the impression they were only at the front gate to the property and were motion activated.  These security cameras were not mentioned in the lease.

Over the past few weeks, my landlord has begun to reveal the true extent of her surveillance of the property.  I have discovered 6 cameras around the property.  One of the other tenants told me that the cameras also record audio.  I absolutely was not aware of this.  I have done my own research into Blink cameras and found that the system stores 5 second audio visual clips every time the camera is activated.  My landlord has also told me that she has turned on the live feed of the camera to monitor her previous tenants' comings and goings when she suspected them of illegal behavior.

My landlord is currently out of town and not on the property.  She has begun texting me and commenting on my comings and goings (ex: I saw on the front door camera that you did X).

I know that video cameras outside of private residences are legal in general.  I'm wondering about the legality of (a) not disclosing video cameras in a lease agreement (b) monitoring live feed of tenants comings and goings and (c) audio recordings without consent.

Thanks!

Answer:
 You have a reasonable expectation of privacy within the dwelling, particularly since you were not shown the full extent of the cameras.  Outside the property, you have no expectation of privacy.  If the cameras are pointed into the windows, that could be a problem for her.

However, she is not obliged to disclose cameras outside the property.

That's video. Audio may be a problem for your landlord, who may have strayed into criminal territory by recording conversations without consent.  You may want to write her a letter explicitly informing her that you do not consent to her recording of your conversations, inside or outside the house.  The point being to stamp out any possible suggestion of implied consent.


Title: Maintenance men at my complex doing petty things because I've complained about they're laziness, ineptitude.

Question: I'm stuck for now at a complex in MI where I've had nothing but problems with maintenance & office staff over a number of years. It all started when my carbon monoxide detector started loudly beeping at random times. They checked the furnace, found nothing wrong & left. Detector kept beeping, they changed the batteries in it & left & it still kept beeping. I kept complaining, the maintenance men told me to change my own batteries or they'd put a dead fish in my furnace closet. I had changed the batteries, & it still beeped. Then when someone moved out & they replaced the batteries in the detector it started beeping one night so I called after hours maintenance & spoke to someone different that took their job seriously so they sent someone out to check everything in the building. As it turns out the water heater which was never checked was broken & putting off low levels of carbon monoxide which explains the headaches/nausea I would get when I slept with my windows closed in winter. But it was fixed so I'm over it. However, the maintenance men still do petty little things to get to me like refuse to put the picnic table in the yard near my apartment while putting them everywhere else. If they come to my building to work on things, I'll hear them in the hallway referring to me as a bitch. (I know, fuck me for complaining about their laziness exposing me to carbon monoxide poisoning.) I'm also concerned with what they might do in my apartment when I'm not there. For all I know they could be scrubbing my toilet with my toothbrush or kicking my dog. Is there legal recourse for ongoing petty harassment?

Answer:
 Are you entitled to a picnic table in your lease?  If not, they're under no legal obligation to put one where you want it, even if they're putting other tables in places for other residents.

Maintenance calling you names behind your back is generally not illegal.

In order for you to have some legal recourse against them, they would have to actually do something -- actually scrub your toilet with your toothbrush, actually put a dead fish in your closet, etc.Answer #2: You could also install a security camera inside your apartment to make sure no one is entering unannounced. Answer #3: Unfortunately being an asshole is not illegal. Nothing you've described so far would warrant legal action.


Title: (WA) Sold car to someone in Alaska. Being hounded for impound fees.

Question:
Two years ago, I sold a car to someone in Alaska. I registered the sale online with WA DOL. But the buyer didn't register it, and now a police dept in Alaska impounded it, then sold it. During this process, they sent me a letter, and I called them to explain and let them know who the new owner is, and they said thanks for letting them know and that they would note that fact.

Now a debt collector is chasing me for $900.

I don't have any documentation anymore to show I sold the car, but WA DOL don't pursue for registration fees, etc. because they know I sold the car.

How do I proceed?

Answer: The vocabulary here varies from state to state.  When you said you registered the sale online with WA DOL, was it a transfer of registration, or did you also transfer the title?  If the title is still in your name, this gets complicated.  If the title was transferred to the buyer, it is in invalid attempt to collect the debt.  To fix this, you would need to send the collection agency a record of the title transfer.  WA DOL should be able to help with getting this documentation.