Title: So hypothetically if a Floridian wanted to create a sustainable retreat for youth and teens to get away from adults and bullies and recuperate to prevent suicide...

Question: How would one manage to legally keep this retreat running when adults might be a trigger. Intending of course to provide free legal counsel to help with possible emancipation and of course a therapist comes in for option counseling? I imagine security could have thorough background checks and patrol the area so abusive parents coming to pick their kids up against their will dont get in but besides that.

Answer:
 You mean kidnapping? That's always fun.

> possible emancipation

Emancipation is not reasonable for 99.5% of most cases. I'm guessing these kids have no way of supporting themselves. Hell, it took the girl from Modern Family years to accomplish it and she's filthy rich and can easily support herself.

Your intent is good but without major laws changing, you have practically no chance of any of this happening.Answer #2: You would need a team of lawyers, the buy in from cps, the buy in from judges, a recommendation from the govenor and the president, and.... NO.....

You don't get to help kids by having them runaway to a "retreat"

Emancipation is a completely different ball of wax which you don't understand.

If you want to help kids in these situations? There is always a need for people who have a masters in social work. You can become a social worker.

Don't create an island of lost boys and hire a private security guard force to patrol the area to keep the parents out.

The parents will always have rights unless they are terminated through the courts and you can't have "ARNOLD" meet them on a beach and tell them they can't see Mikey.


Title: HOA put a lien on the house we are renting and now evicting us, who owns the appliances?

Question:
This is in the state of California, San Bernardino County, fwiw.

We were given "30 days notice" to leave on Dec 1st, after we paid our rent to our landlord.  Landlord keeps telling us this is a huge mistake and she still owns the place, but we are already moving out to avoid complications.  She still owes us our security deposit, last month's rent, and as far as I'm concerned, she should even owe this month's rent since the HOA took over the house on Nov. 20th.

Anyways, we want to take the refrigerator, washer and dryer.  I have no ill intentions to destroy/strip the house, other then not clean it like I would because I just don't have the time and probably will not see our security deposit anyways.  I am looking at our lease (which was a 1 year lease that went month-to-month in 2010), and the only appliances listed are the washer and dryer, which states that we are to maintain, repair or replace them.  There is no info on the refrigerator.

One thing, our landlord was pretty reasonable with us, even though she spent most of our time here having money problems that lead to this eviction.  She was fairly prompt with repairs, friendly, etc... She lived in Texas, so I have not met her face to face, but she has (so far) been communicating with us on this situation.  I sent her an email saying that we found another place to live and I expect our money back.  I am waiting on a response.

Now, after all of that, here are my questions:
Who owns those appliances? The HOA, the landlord?
If the landlord legally owns them, can we take them from the house and ask for her to deduct the used cost of them from what she owes us?
If our landlord doesn't respond to my email about paying us back, is it legal for us to just take the items and let it be that?

My main concern here is to avoid legal trouble.  My family was thrown into this mess and I do feel cornered, but those appliances are expensive for us to replace after we move.  I'd rather just have them if it is possible :(  I do suspect that she will be grateful if we take them and let her deduct it, but I'm also concerned that the HOA is going to come after us because they are a bunch of assholes.

Answer:
 >Who owns those appliances?

 The only answer to this that matters is "not you." If you take them, it will almost certainly be felonious.

>If the landlord legally owns them, can we take them from the house and ask for her to deduct the used cost of them from what she owes us?

No.

>If our landlord doesn't respond to my email about paying us back, is it legal for us to just take the items and let it be that?

No.

Your landlord has 21 days AFTER YOU LEAVE to either return your deposit or provide you with a detailed list of deductions. Taking the appliances is a crime. In fact, it's probably a felony. Don't be dense.


Title: Please advise: motorcycle sold, title not transferred... bike totaled, buyer ask to help cash insurance's check.

Question:
A repost from r/motorcycles/
This is in Texas.

- Sold my bike 3 months ago. Already file notice with DMV/DPS about the sale. Insurance already cancelled. (In Texas all you need to do as a seller is sign over the title, then report the sale to DPS)

-Buyer recently crashed and hospitalized (confirmed). He had insurance on the bike but never transferred the title to his name.

-Bike is totaled and insurance would pay out but since the title is still my name, they would only write a check in my name.

-He's asking me if I can help cash it out for him.

Now I know this is totally his mess and I have no obligation to do anything. I don't know if doing this would affect me anyway? If not then I would want to help him, just afraid there might be hidden complication.

Appreciate any insights you might give.

Answer:
 Don't agree to deposit the check into your account and give him the money. Deposit the check in his own account or have him cash it. If the insurance company cancels the check (or it's fake), you'd be out the money.Answer #2: I saw that thread first and think /u/wtiger46's comment is likely the best plan, copying it here for commentary on it:

>If the bike is insured in his name, then it's not true that they'll only write it to you. What they will do is ask you to confirm your identity and then confirm they can write the check to him. Ask for his insurance details so you can get in touch with them and sort it out. This seems like a decent compromise that doesn't put you at any risk.


Title: Father trying to take house from daughter (details inside).

Question:
I am from Ontario, Canada.

My friend is 28. She's been living with her parents in their house her entire life. The house is in her mother and father's name.

In December of 2011 my friend (I'll call her Sarah), and her mother, found out that her father had been cheating on her mother. In February of 2012, her father left her mother for the "other woman". In April of 2012, just two short months later, Sarah's mom passed away.

Since April of 2012, Sarah has lived in the house on her own, paid all of the bills, did some renovations (installed new windows, carpeting in the basement, new front steps, back porch), etc. Her fiancé moved in some time in 2013. Her father has been out of her life for the most part, only occasionally speaking to her to remind her there were other bills (in HIS NAME) that needed to be paid. Knowing her father couldn't afford the house and for emotional reasons concerning her mother, she paid the bills so she could keep the house. For the last two years, she has paid all of the home bills and taken care of everything else financially while her father lived a new life with a new woman and her young child.

Fast forward to today, almost 2 weeks after Sarah's wedding, and suddenly her father decides he is kicking her out of the house and moving his new family in.

This is where the advice comes in. Can he do this?? I know the house is technically in his and Sarah's mom's names, but he committed adultery and chose to leave. The fact that her mom passed away is the only reason I feel he thinks he can get away with this. If she were still alive he wouldn't have the ability to kick her out. Can my friend sue her father for the cost of renovations on the home or do anything about the fact that she has been paying the bills in HIS name for the last two years?

Any insight or advice on this would be greatly appreciated.

TL;DR - friend lived in parents house her whole life. Father cheated on mother and moved out two years ago. Two months after he left, mother passed away. Fast forward two years later, he wants to kick my friend out and move in with his new family. Can he get away with this?

Answer: you'll need a lawyer to handle it. He has a claim and she has one,  too,  if it is to be addressed it needs to be done in the court system.


Title: (Mississippi) Question about something that happened at my work and being fired for being openly gay

Question: [deleted]

Answer:
 > She mentioned her wife in during a meeting with reps from the other company and she was fired that day.

In a State with no protection from being fired due to sexual orientation, that may be a brave thing to do, but it's also a really dumb thing to do. There's not hiding it and then there's advertising it, especially after being warned. From a purely "keep your job" perspective, it doesn't always pay to advertise.


Title: Need advice on if/ how I should go about telling my baby daddy the baby has been born

Question: So this guy is a complete loser living in ND now with a new girlfriend.  He moved in with me down here in Texas back in May 2014 and I paid extra rent for him to live there under the agreement that he would get a job. The last week of June I found out I was pregnant.  And Zac swore for 2 weeks he was job hunting. Then I checked his computer and found out he was just watching porn and playing online games like league of legends. So I kicked him out. after I cut contact with him he started stalking me and harassed me about not kicking him out of the child's life threatening to take it to court if I tried it got to the point where I told him that there were 2 other guys that might be the father so he would leave me alone.  in November he told me he was going to North Dakota to get his life together and for work and he asked me to let his family know when the baby was born.  I found out he really went to be with his new girlfriend so I cut contact completely.  He started to harass me again and in frustration I led him  to believe that I lost the baby. Now the baby is 3 weeks old and I am considering telling Zac about it to soothe my morals. However I do not want him to be in our lives and I don't want my son around his family who still live in the same town as me. His mom is a drug addict who has been in jail the last 6 months and the rest of his family have been arrested for things like shop lifting and drugs as well. So if I do allow Zac anything to do with my son I would want nothing more than supervised visitation.  So I need to know how I should go about approaching the subject of telling him about the baby

Answer:
 This isn't really a legal question.

You can tell him however you choose.  When he finds out, he can sue for custody/visitation if he chooses to do so.  How that turns out will be fact dependent on the specific situation.

If he does so, you can file for child support (or you can do so first if you so choose).


Title: Unauthorized tow on my rental property.

Question:
Hey everybody,

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I was suggested to try here and I appreciate any input in this circumstance.

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Let me give you background first:

I live in Nebraska.

I was in a year lease on a house and rented from a company (we'll call it Highland Properties). After our year was up, our lease does not distinguish that we are on month to month terms, but from what I understand with Nebraska law, that is the case thereafter.

The owner of Highland Properties is very lackadaisical and essentially told us, "it's fine, your year is up, we're on month to month now. I like you guys, you pay on time" and never asked for a new lease nor issued one. We've been in the house for almost a year without an official lease.

A few months ago the company changed hands to a new person named Charles. I don't know his company nor do I think he actually has one. He just called one day and said, "I bought the property, make your checks out to me. The other owner vouches for you guys and as long as you're cool, you can be on month to month. Just let me know if you want to leave or need anything."

He has been awesome to work with, honestly one of the most down to earth and helpful landlords I've ever had.

Now enter the property manager. I've only met the guy once, but he essentially does our lawn care, has fixed some concrete outside the house, etc. His name is Austin. I have no idea how he is associated with Charles or his company, but we've continued to deal with Charles and talk to Charles on the phone when we need something. Charles has said numerous times, "Austin just does some work for me, if you need something you can ask him, consider him your property manager."

Legality aside, I got a really bad feeling about the guy when I did meet him and he has documented history of harassing and acting out against my neighbor in regards to a retaining wall situation.

Here's the situation I need advice on:

Last week I woke up in the morning at 8am to find a strange car parked in my driveway. The driveway is a private circle drive and there's only one way in or out, it's basically one directional. This car is parked in the driveway and has no license plates. I don't recognize the car so I text my roommates to ask if it was a friends and all of them said no. Next, I text my next door neighbor who frequently has yard workers, stone masons, flooring specialists, etc working on his house. We have a great relationship and if he lets me know someone might park where they aren't supposed to, we're very accommodating and appreciate the heads up because you can park on the street only a few feet from the houses. We frequently park in the street if the one way driveway is blocked. The neighbor says it's not one of his guys either.

I leave for work and come home at 1pm, and the car is still there. I send another text out to my roommates asking if they're sure it's not one of our friends or partners, because I'm going to leave a note on it. They do not know the owner.

I come home from work at 5:30pm and the car is still there. At this point I call the police and say there's an abandoned vehicle in my driveway and I need it inspected. My worry is it's stolen, has drugs, etc. It's not far fetched as I literally had my car stolen and and abandoned with drugs in it just a few blocks from my house a few years ago.

An officer came and was really helpful and nice. He said he'll run the VIN and see if it comes up stolen and that if it is, they would tow it for me and I wouldn't need to pay for it.

He returns a few minutes later and says "don't worry about this car, we're going to tow it for you." So they towed it.

A few days later, my landlord calls and says "You towed Austin's car and he's livid, why didn't you call me about the car?" I explained that the car was abandoned with no license plates for 8-10 hours in my driveway on a property I'm paying rent on, that no note was left, no one was called, texted, voicemailed or made aware that a car would be parked here all day. Calling my landlord was the last thing I thought appropriate for the situation.

I have not heard from the property manager and don't have his contact information, although I can get it from the landlord, obviously.

Today, an envelope is taped to my door with my first name scribbled on it and it contains a receipt from a car dealership with a personal message that says "unauthorized tow" and a total of $270. It contains the impound lot receipt as well.

I have a lot of opinions about this situation, but am I in any legal obligation to pay this bill? I do not think that I am, and am curious about my next course of action. Speaking to the "property manager" and trying to reason with him, apologize (because I do feel bad, I would be upset too, but I would also never leave an abandoned car on a stranger's property) and try to smooth things over? If he's upset enough to not call or contact, but leave a passive aggressive note demanding payment for something I have no responsibility over, I do fear for my physical safety or retaliatory measures to my cars or rental home. Should I contact some legal representation?

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Thank you for any advice.

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Answer: "I didn't call the tow truck, the police did. Feel free to forward this to them"Answer #2: I'll lay odds your month-to-month days are over unless you pay the bill.  Not saying you should do it, just a sad prediction.


Title: [Alabama] Vehicle Registered with Apartment Complex Towed With < 24 Hours Notice, Lease Requires 10 Days

Question:
Morning /R/LegalAdvice,

I hope this one is more interesting than the usual "I got towed because I'm an idiot, but I don't want to admit I'm in the wrong."

I live in an apartment complex that is not gated, and does not have parking permits, etc. There are no designated visitor areas, or tenant-specific parking areas. My vehicle is properly registered with the apartment complex.

I was travelling out of town from Friday afternoon (3/4) until Monday night (3/7). On Tuesday afternoon (3/8), my girlfriend found a letter that had (presumably) been taped to our door and fallen off. The letter is dated March 8th and indicated the parking lot was to be paved that day (3/8) and all cars must be moved by 8:00AM that same day.

My secondary vehicle was towed the same day and I currently owe a $285 balance to get the vehicle back.

My lease seems to require 10 days of written notice to tow any vehicle for any reason OTHER than blocking a fire lane, violating signage about visitor parking, etc. Copy of pertinent lease info here: http://imgur.com/xNhwnql

Even if we assume the date on the letter is wrong and they advised me on 3/4, that's only 4 days worth of notice during which I was out of town.

I called the Police to confirm the vehicle was towed. They indicated it was towed because it was parked on private property. I called the towing company who indicated the apartment was paving and they had sent out letters which I failed to observe. Both conversations are recorded. I did this to ensure the apartment complex couldn't later claim the vehicle was towed for a flat tire or something arbitrary.

This seems like a pretty open and shut case to me of the apartment violating our lease and that they should reimburse me in full for the tow.

What are your thoughts?

EDIT: I picked the vehicle up- total out of pocket was a few cents shy of $300. Towing folks confirmed 22 vehicles were towed from my apartment complex. After being totally shut down by local management, I have escalated my concerns to the national office and am waiting to hear back. I've already started discussing with a local attorney and will keep you guys updated. Thanks again for all of the input!

FINAL UPDATE: Apartment complex agreed to reimburse me in full for the tow! Thanks for all your input!

Answer: Have you tried talking to the leasing office? Are they refusing to reimburse the cost to you?


Title: Can My Employer Give me Duties not on my Job Desc.? - BC, Canada

Question:
Hi I'm wondering if my employer can give me tasks that arent covered on my job description with no additional pay.
Topic:
Employment Law

Answer: Yes, employers are allowed to assign tasks beyond your specific job description unless there is some contract to the contrary (as in a unionized environment where there may be strict job classifications and divisions of work)


Title: [Texas] I made a bad call worse by lying.

Question:
I am an EMT in paramedic school, I heard a call go out on my scanner for an overdose at the high school where my girlfriend works and I was worried so I went in. I was in uniform and it ended up just being a student but I made patient contact. The fire department was already there and I talked with them and the patient. I don’t work for any EMS service and was asked by the firefighters what my credentials were and I told them I don’t have them on me. I ride with the medical director for my area sometimes and told them that I work with him. The fire department had me step back and stop patient care which I did. I accidentally told them that I heard the call go out on the radio when the medical director dropped me off, which was a lie. I stayed until the ambulance got there and a sheriff took down my name and phone number and the medical directors name. I left immediately after and thought about what I had said and I’m worried I may have impersonated an EMT. I don’t know how being certified as an EMT and lying about working in their service works out but I’m looking for help.

Edit: I wasn't technically in uniform, just wearing a jacket that says EMS. And as for when I said I don't work EMS, I dont work for a 911 service, I just work events.

I apologize, this is my first time posting here.

Answer:
 Did you put on your uniform to go to the location?  I'm unclear with why you were wearing it.

You should break out the terms of the program you're enrolled with and hope you didn't break any of the rules for expulsion.

You should consider why you were worried your girlfriend overdosed if she's not a drug user.

Non-legal advice, impairment of judgment is not a sought over quality for those in such roles.  You should strongly consider if this actually a career for you.  You should also stop saying "You accidentally lied", there's only one way to lie when you know the actual truth, that's on purpose.


Title: Debt collection company contacting me about college classes that I was forced to take for my parent's financial gain.

Question:
This is in Texas.

Some very relevant details:
My dad is a veteran with 100% disability for PTSD. My college classes are supposed to be free under the Hazelwood act, but I later learned that this doesn't apply if I fail the classes. Assuming I pass them (and I am a full time student), I am ALSO supposed to get $1,000/mo. from the government to pay for my living expenses. My dad wanted this money to pay off his debts (instead of, you know, using it to pay for my living expenses) and claims that he would pay me back afterwards. Well, I failed the classes and did not receive the $1000 a month.

When I was 17, my parents forced me to attend college during the summer, starting the monday after I graduated high school. They paid in advance for the classes, which I failed. I tried to tell them that I couldn't do college, but they blatantly ignored me. I was VERY clear about not wanting to attend college. I literally would not shut up about my displeasure. I tried to me as clear as possible; I had plans to sue them, but did not because there wasn't anything to sue them about and because I just wanted to leave and have nothing to do with them.

When I turned 18, my dad said that I was not allowed to move out. Remember, he has PTSD and uses intimidation as punishment. He is also an alcoholic. I have feared for my life. Once he even apologized the morning after a particularly fearful night. So, since I didn't feel as if I had a choice to move out, they were able to get me to continue taking classes, again as a full time student. I failed again, except this time they want to stick me with the $1050 bill for the fall semester. A debt collection company has contacted me, and that's how I found out. I live with my parents.

I don't think I should have to pay for this. I really had no safe option, and my plan for my life was to work for a while, earn the money to go to community college, and THEN start taking classes: not the other way around. They completely ignore everything I have wanted for my life. I did not even get to choose my degree, and my dad was very disrespectful to me at the VA office in the college, rushing me to pick classes and not allowing me to choose a math class for some odd reason. Apparently there was not enough time to explain why.

What can I do about this? Where would I even start? If I took it to court, which party pays the losing side's fees? What if I can't afford to pay?

More notes: my dad has informed me that this debt is going to destroy my credit and I will not be able to buy things, such as a car. His words, not mine. I know that loans are not required for car purchases. He does not seem to care. My mom is in the picture, it's just that she backs up whatever my dad says.

Answer:
 You're a legal adult--your parents can't "force" you to do anything, including moving out.  This is your bill. Call whoever you owe the debt to and work out a payment plan.

Grab what you can carry and leave the house.  Go to a domestic violence shelter if you fear for your physical safety.


Title: Sister in law and brother in law falsely accused

Question:
Hi guys! Just looking for some thoughts on this situation.

Yesterday my sister in law and brother in law were shopping at a goodwill. Let’s call my
brother in law Frank. Frank is looking at shoes, minding his own business. 4 year girl, who’s mother is not paying attention to her, is running around the store yelling and knocking things over. 4 year runs into Frank. Mother of 4 year screams “ARE YOU TRYING TO KIDNAP MY CHILD?!” Both Frank and my sister in law say no, and that the child ran into him. They go their separate ways and continue shopping. Here’s where it gets fun.

My sister in law gets a DM on Facebook from a stranger saying that she and Frank are sick people for trying to kidnap a child. She included a link to a Facebook post. The mother of the 4 year child made a long post claiming that Frank and my SIL tried to kidnap her child, and that she had filed a report with the police. She also included a picture of Frank and SIL in the post. Goodwill pulled security footage of them at checkout showing their faces clearly, but the kid was no where near them in that photo. Someone recognized Frank, found his Facebook and my SIL’s Facebook, and are sending them threatening messages. Frank and my SIL go to the police station and explain the situation. Officer accompanies them to that Goodwill location. Goodwill denies giving them footage, and says that it’s against policy to give anyone security footage unless requested through the proper channels. After some pushback from the officer, they find that there is zero evidence of any attempted kidnapping. By this time, that post had been shared over 1,000 times, and somehow people found out the cross streets that Frank and SIL live at, with my SIL’s 3 young children, so now their safety is an issue with the threats they received.

Now that the story is out of the way, is there any recourse for them? Police already said there’s no evidence and no case against them. Goodwill gave that mother a picture of Frank and my SIL which was shared over 1,000 times which is apparently against their policy, and paints them as child kidnappers. Because of that post they fear for their safety and reputation.

Im not sure if they have a case against that mother for slander, or if they’d have a case against goodwill for giving a random photo of them from their security tapes.

Also this occurred in Oregon. Any advice would be great!

Answer:
 If they have been given death threats you can report the death threats to the police. That's about it unless it causes damages like damaged or stolen property or costs them their jobs.

You can notify Goodwill about this violation of policy, but they don't have to do anything.


Title: Purchased tickets to an event — was declined entry / declined refund as well

Question:
Over the past weekend myself and a roommate purchased tickets to an event during Comic Con.

The website in question lists no information of any sort of limitations upon entry, aside from it being a 21+ thing.

Upon arriving, we were turned away from entry due to not having the proper dress code (room mate didn’t have dress shoes on, and I didn’t have a collared shirt).

Now, the tickets themselves (after purchasing) mention the dress code, but no where on the main ticket purchase page does it suggest there is any type of dress code.

Due to the fact that prior to purchasing, we were unaware of the dress code, and it wasn’t until we opened our tickets the day of; that we found out there was a dress code, I had requested a refund on our tickets because we weren’t able to get into the venue. I am being declined a refund because they have a “no refund policy” which is stated on their main ticket purchase page.

What can I do here?  Is this company able to falsely advertise one thing, by omitting important information that, if posted on their ticket page would have stopped us from buying a ticket? Is there a way to get a refund on my ticket order / any appropriate steps I can take?

Tickets were 80 bucks, so it’s not cheap; but also not really enough to warrant small claims.  I was hoping that the company themselves would have been cool about it; because they knowingly failed to provide necessary information, but they seem to be sticking to their “no refunds” policy.

Thanks!
Topic:
Consumer Law

Answer:
 I can see a few issues with your argument here:-

- Even though the website didn't clearly state right at the start that there was going to be a dress code, I'm willing to bet that at some point during the transaction you agreed to their "Terms and Conditions". Even though nobody ever actually reads these things, you still did legally agree to them

- Where was the event and was it somewhere that people would likely realise there was going to be some sort of dresscode? Particularly given that collared shirts and dress shoes are a pretty standard dress code for a lot of venues.

But the big one for me is that the tickets themselves did mention a dress code but you still failed to show up meeting their dresscode.

I think you have a pretty weak argument here. It would potentially be stronger if you'd contacted them after receiving your tickets but before trying to gain entry but at this point I can see that their argument that you agreed to the dress code when purchasing the tickets is just as strong as your argument that they didn't make it clear enough that this is what you are agreeing to.


Title: Bamboo fencing installed in apartment

Question:
The management in my apartment complex recently left a letter on my door stating that in our rental agreement item 13 states: “NO CLUTTER: personal items of the lessee such as brooms, mops, towels, clothesline’s, bathing suits, furniture m(other than patio furniture) rugs, trash, shoes, strollers, cardboard boxes, tools, etc. must be kept inside apartment and out of view, **nothing will be hung or attached to the outside of buildings, balconies, or patios**

They want me to remove the bamboo shades from my patio.. I didn’t hang or attach the bamboo fencing as it is free standing.. am I in the clear or do I need to remove them? Location: patio, orange CA

Also, How many notices are they required to give me before I am forced to remove them before they remove them forcefully.

Answer: I think this would fall under the "clutter" rule of stuff you're not allowed to leave on the patio.Answer #2: As they only allow patio furniture on your balcony/patio, and this is clearly not patio furniture, you'll need to remove your bamboo fence from the patio.


Title: Can I get a worker fired for slapping me while on the job?

Question:
Not sure if this is the right place to ask this but it’s what came to my mind when I thought of getting help. My girlfriend and I had a fight and things got heated and we ended up pushing each other and she slapped me at one point so out of anger I slapped her back. Not very hard at all it was more out of reflex than anything. Well my girlfriend told one of her friends and her friend threatened to slap me, and then threatened to assault me with a few of her friends. This is over text message so I have proof. My girlfriend and I have smoothed things over since then seeing as it was a few days ago now. So just a few hours ago we go to sonic and her friend who threatened me happens to be on shift. She’s my carhop and when she comes out she starts talking shit and I told her how little she actually knows about the situation. Her response is to reach into my car and slap me. I sat there paralyzed for a second because I didn’t know what to do, so I just drove away. If I call that sonic and tell them what happened, will she get fired? She’s been working there a long time so I don’t know if it would be a sure thing or if I’d just potentially be wasting my time. I believe there are cameras and my girlfriend is a witness and is willing to defend me.
Topic:
Employment Law

Answer: You can't make a business fire somebody. Take an anger management class before you end up with a domestic violence charge.


Title: Can someone depart below the mandatory minimum sentence with only a 5K1.1 motion and not necessarily also the 3553(e)?

Question:
My brother is in trouble, facing mandatory minimum 15 years federal prison.

Question is - given "substantial assistance", can he possibly depart under the mandatory minimum with only a 5K1.1, and not necessarily a 3553(e)?

According to ["US v. Keene \(1991\)"](https://casetext.com/case/us-v-keene-10?q=%22US%20v.%20keene%22%20AND%205K1.1%20AND%203553&typeAheadOrigin=navBar), and [US v. Cheng Ah-Kai](https://casetext.com/case/us-v-cheng-ah-kai?q=US%20v.%20Cheng%20Ah-Kai&sort=relevance&typeAheadOrigin=navBar), he can.

While [MELENDEZ V. UNITED STATES \(1996\)](https://casetext.com/case/melendez-v-united-states-2) seems to refute this case, the very recent [United States v. Clark \(2018\)](https://casetext.com/case/united-states-v-clark-482?q=3553\(e\)&sort=date-descending&typeAheadOrigin=navBar) contains language to suggest that either the 5K1.1, the 3553(e), or both can allow the government can warrant a file of a motion for a reduction of sentence within one year of the sentence pursuant to Fed. R. Crim. P. 35(b).

Any recent cases supporting the first 2 mentioned, or any case suggesting that the requirement of one with or without the other - as a gray legal area - would be greatly appreciated.

Thank you for your help.

EDIT:

Here are links to the laws [5K1.1](https://www.ussc.gov/guidelines/2015-guidelines-manual/2015-chapter-5) and [3553\(e\)](https://casetext.com/statute/18-usc-3553-imposition-of-a-sentence)

By the way, he's a first-time offender, has a college degree, it's not a violent offense, and it is not drug-related. He operated alone. It's a very small sample size for his crime, which makes it difficult to figure out how the law applies.

Answer: 15 years of prison isn’t DIY land, these would be great questions for the attorney he should already have, or if he doesn’t have one, for the attorney you are going to hire on Monday.Answer #2: Since *Melendez* is a Supreme Court decision, it does more than simply "refute", it is controlling precedent. The court cannot depart below the statutory minimum unless the government asks it to. The government may request a departure below the guidelines without requesting a departure below the statutory minimum.


Title: New house encroaches on property line - we feel mislead by sellers

Question:
**Basic rundown:**

My fiancé and I moved into our first house in Portland, Oregon six weeks ago, and we just got a letter from the owner of the currently undeveloped neighboring property. Apparently a shed and fence of ours are on their property. We checked, and this seems to be true (details below). About 10 feet of our 16-foot-wide backyard is actually on their land. They are asking us to tear it down. What are our options with relation to the property owner and the sellers of our house?

Relatedly, we have reason to believe that the property owner is planning on building apartments just behind our house in the pretty wooded area that played a large part in our buying this house. We also have reason to believe that the people we bought the house from knew of these plans but didn't tell us. Is it okay for the sellers to withhold this kind of information?

**More details:**

We are the last of two houses on a dead-end street, and the property owner who contacted us owns an L-shaped piece of property at the end of the street and extending behind the lots of both us and our neighbors.

Our next door neighbors recently had their land surveyed, so there are flags marking their property line, so we were able to get a quite accurate measurement of where our property ends.

We were under the impression that the lot behind our house would remain undeveloped and was part of a city park, but that impression was based on looking at google maps, which is our own fault. I can't recall any representative of the sellers specifically saying that it was part of the park, but our neighbors told us that they have known about plans to develop the area for several months, before we started buying the house.

I am cross-posting to /r/RealEstate, and we plan to contact a surveyor and possibly a lawyer (what kind of lawyer do we need?)

Answer:
 Contact your title insurance.

You can't do anything about other people developing their land.Answer #2: Did you have a survey when you bought the house and was that survey recorded?  Go to your title company, and encroachment should have been dealt with prior to closing. You may even have a legitimate adverse possession claim if your allowed to add the time the seller owned the property. There is also the possibility a zone board will ban them from building too close to your house, multi family property zone gets complicated fast.  Answer #3: This is generally a buyer beware issue, and is why you're meant to have (or at least should have) a conveyancer do all of the various searches on the title/land and with whoever approves development in the area. It is generally on the buyer to make themselves aware of exactly where the property lines are, and to discover any likely developments and so on.

Did you do searches (or pay someone else to do searches) and receive incorrect or misleading information on which to base your decision to buy? If so you may have a claim against whoever messed up the searches. Otherwise it's going to be on you.

As far as moving forward you need to do those searches if you haven't done them, and have the survey conducted. Do you have title insurance? That may be able to help. Contact them.


Title: Custody

Question: I live in Mississippi and have been spectated from my wife for almost two months. We have 2 kids and I filed for full custody. I have proof of adultery she also has 3 pending felonies for embezzling 45000 will that help in getting kids.

Answer: What is the question?


Title: [IL] Labor law shift scheduling and church attendance

Question:
Hello,

The general outline of situation:

1) I am working in a healthcare industry, where overtime is often asked. Around 50 hours per week, which is okay

2) I work Monday to Saturday with one day off.

3) The issue is I work overtime and not able to go to church meeting.

Specific issue

1) My specific job position does not have others to perform due to understaffed, yet Managers/operating supervisers can do it but they simply don't want to do due to annoying nature of the specific duties that I am doing.

2) I have one coworker, who is pregnant and she has been enjoying the easy shift, which is fine anyway.

3) They start to schedule on me Saturday closing shift, by which they effectively prevents me from attending church service.

Questions.

1) What legal rights in labor laws can I cite to practice and protect my religious belief in case conversation goes a bit wild?

2) As mentioned, I would like to go to church service on Saturday night (even though I go to Church on Sunday morning).
My expected response from managers will be you can go to church on Sunday. In this case, what would be the effective way to talk it back to managers?

3) Since I am recent hire (working around 3 months), they did not put me to closing shift. My concern is if I do not tackle them right now,
they will start to take for granted that I am taking more demanding works. Is there any way that an employee can effectively decide shift schedule?

I will deliver this issue next week so they respect my religious belief.

Thank you in advance

Answer: What you're describing is not a legal issue, nor are there any labor laws about it. Work the schedule they ask or look for employment elsewhere.


Title: How do I get rid of a gator

Question:
A couple of years ago, my father thought it would be a good idea to get a gator, now it is too big for him care for it. I'm currently in Masschusetts. Somebody suggested calling a local zoo, but I doubt they'll accept a gator. We need to get rid of it ASAP. Thank you.

I apologize if the flair is incorrect.
Topic:
Other Civil Matters

Answer: Oof. Keeping an alligator is illegal in Massachusetts, and a permit is required to keep them in all states that neighbor Massachusetts. You might contact the Massachusetts Division of Fisheries and Wildlife (Bob Arini, Fish & Wildlife Permit Specialist, 617-626-1590) with your question. I would not recommend you advertise that you already have a gator in your possession since it is illegal in your state.


Title: Brother received notice of a restraining order. I need serious advice.

Question:
My brother just received a notice of a restraining order. His girlfriend and him had a child about a year and a half ago and their relationship has been rocky. They were living in Alabama together when he decided to end the relationship. She packed up while he was at work and moved back to her parents house in Kentucky, with their child, and filed the order. Now he has a court date in Kentucky. They have been together for almost 3 years and he has supported her and his child financially throughout the duration while she tackled the responsibility of taking care of their child. He is a good father and cares deeply about his child. I really just want to be able to tell him what he should expect. The report that she filed is, literally, full of lies. Not just lies but some outrages accusations. It seems she is trying to keep his child from him due to their failed relationship. Also, the reason he decided to end the relationship was due to her calling the police accusing him of physically abusing her (accusation of puching her in the face and throat). The police found no marks on her and no action was taken against my brother for the accusation. I am completely ignorant to this situation. Thank you for your time and I appreciate any info.

Topic:
Custody Divorce and Family

Answer:
 Your brother needs an attorney. These situations are marathons which will likely cost tens to hundreds of thousands over the next 17 years.

You.  You learn from this. Don't stick your dick in crazy.


Title: Is it legal for a company to fire/discipline an employee based on what they do on their days off? (USA)

Question:
A close friend of mine was fired from her job (and another employee in the same company was written up) because they went on a road trip.

They didn't call in sick or take any vacation days that I know of, they just went on a road trip over a weekend that they both happened to not be scheduled.  They didn't do anything illegal or immoral, this was just an ordinary weekend trip.  As far as I know, this was not an at-will employment thing, either.

Is this legal?

EDIT:  Location is in Tennessee; pardon my fail.

This is the complete story as I know it.  The complaint was that the district manager had not signed off on/approved the road trip, but they weren't using company resources of any kind. This wasn't like a run to New Orleans for Mardi Gras, either, there were no embarrassing lewd photos that would shame the company or anything like that.

Answer: This is stupid on their part but not illegal in any way.  I'm guessing either there is more to the story that your friend isn't telling you, or she was fired for another reason that the company doesn't want to disclose.


Title: I got arrested Wednesday. Got out last night. They took my phone for "evidence". Will I get it back? If so, when?

Question: Some of the inmates told me that I will get it back when the case is closed. Others told me that even if the case is closed I still won't get it back and I would have to hire an attorney to get it back for me. Even it may take a year or two just to get it back. Another said that I will never get it back. I was arrested with a 2nd or 3rd degree misdemeanor (piece of paper has three X's under the type which is misdemeanor and the arresting officer said 2nd). It was for offering of lewd services. This happened in Davenport, Florida.

Answer: Impossible for us to answer this question. I would expect that you will not get it back until the completion of the case.


Title: Out-of-state young girl scammed me and continues scamming others out of hundreds of dollars

Question:
I live in California. I sell a lot of items on Instagram and frequently buy from other shops on there as well. Most of these transactions are only done through Direct Messaging, and it’s difficult to verify legitimacy.

A girl recently scammed me out of multiple items during a trade, of which she received my items but blocked me immediately. I was just goin goin to ignore this and use it as a lesson for myself, despite being experienced with trading/buying from others and asking for necessary proof. However, after I shared my story, dozens of others messaged me with similar experiences from the same girl who used several different accounts and personas. The total added up value of items and money lost is in the high thousands.

I do have her full name, along with her city and state. She lives in Oregon, so I’m unsure if I can sue her or if it’s even worth it. I found her Facebook and contacted her and her family members, who have all denied her doing such a thing. The girl herself blamed it on another friend who’s using her identity, and I found the friend’s profile to ask her about it. Of course, the girl was lying and her friend had evidence she scams people regularly. There’s also photos of her on her social media with the items she’s scammed from others.

How far should I go with this, if i should even pursue it at all? We are both minors, but I got into contact with her brother who no longer lives with her and told me her parents are aware she is doing it and also assisting her. I also know for sure she is continuing to scam others and creating more accounts.

Answer: Get all those people who replied to file a fraud complaint all at once with the Oregon state police or better yet the local police where she lives. Answer #2: Since it's happening across state borders, it might be worth contacting the FBI.


Title: OR - Landlord gave us 60 days notice, we found a house in 30, she wants full rent for next month.

Question: [deleted]

Answer:
 Did you give proper notice that your were terminating? It doesn't sound like it. The landlord gave you proper notice. If you wanted to leave earlier you needed to give proper notice to do so.

You owe for the month


Title: My dogs killed my neighbors illegally kept chickens, should I worry?

Question:
So my dogs broke through some fence boards on my property today and snuck into the neighbors chicken coop, killing but not eating all 8 of their chickens.

The city requires lot sizes of 65x125 and a 50ft distance from the nearest occupied structure for the keeping of chickens. None of these requirements were met.

This happened while my wife was home with them, she went and collected the dogs immediately after they broke through but that was enough time for them to break into the coop and kill the chickens.  She apologized profusely and told them I would stop by to talk to them when I got off.

When I got there, I immediately offered to replace all of them, and the owner stated not to worry about it, to just please replace the fence boards.  I asked twice more if he was sure I couldn't replace the chickens and he assured me he did not.

I went to home depot and replaced the fence boards immediately after this conversation. But on my way out I saw him taking multiple pictures of the chickens and of the fence, leading me to worry that this could come back to bite me.

Should I worry about this at all?  Location bot yelled at me, so for the record this took place in TX

Answer:
 Pets are property, so if decides to sue, it would only be for the cost of the chickens, which in general is quite low. Maybe also for lost income if he's selling eggs, but again, that would be pretty low for 8 chickens.

It sounds like your neighbor is very mellow about this, but if he gets mad, he might complain to animal control about your dogs being out of control, depending on whether your municipality has leash laws.

Not necessarily legal advice: repair the fence really well. Your dogs, being dogs, probably had lots of fun chasing the chickens and will want to do it again!


Title: My mother recently passed away. In her notes, she mentioned a life insurance policy, but we have no idea who to contact. Any advice?

Question: No particular company is mentioned in the notes, just a number which none of the located accounts come anywhere near. She kept TONS of paperwork from over the last decade in a half with no real sorting system. With an ongoing illness in my own family, I'm unable to help my father sort through things. I hate to sound greedy about the policy by pressing the matter with my family, but the aforementioned illness is making the money kind of important. If location matters, she lived in Minnesota, and I live in Wisconsin. If this is the wrong sub, please suggest a more appropriate one. Thanks.

Answer: Unless it's a whole life policy, presumably she's been paying premiums. Can you look through her bank records and see if she made a payment to any insurance companies?


Title: [Wisconsin] First time home buyer, found house on Facebook. Seller stated the home was being sold "as is" but probably lied about pre-existing issues when asked. Now dealing with a big leak in the attic. What recourse might I have against previous owner/ home inspector?

Question:
My wife and I recently bought our first home. We used a realtor we trusted but found the home on Facebook marketplace. The home was originally owned by an older lady that passed away. Her son (mid 50's) was living in the home after her passing for a period of time prior to us purchasing the home. I don't know the exact amount of time the son lived in the home, I'd assume at least 6 months.  The home was being sold by the son but was actually being held in a family trust and the sale was split between 5 individuals.
I went through the house with my wife and realtor 2 times before we put in an offer. The home was built in the late 70's and needed a lot of work. The most glaring issue were water spots in one of the upstairs bedrooms. I asked the son if knew of any issues with the room and/or roof and he "guaranteed" that there were no issues. When the home inspector went through the property I was present and asked him specifically to investigate the attic directly above the bedroom with the water spots. The inspector got on a ladder and looked into the attic but didn’t actually go INTO the attic to investigate. I was told there didn’t appear to be any issues.
When the offer was drawn up the son insisted that we put that the home was being purchased “as is”. He was very adamant about this during the process.  The son did not complete a seller disclosure agreement during the sale.  What I’m looking to determine is if I have any recourse against the son and/or inspector. Even though the home was purchased “as is”, I strongly believe he lied about not knowing about the leak, but I have no proof. If he had lived there for the presumed 6 months, he had to have known about the issues. Does the home inspector have any sort of liability when it comes to his work? I was in the attic just last night and the leak into the attic was clearly something that has been there awhile. The wood was rotting around the hole and the insulation was moved around in the area of the leak as if someone had tried to investigate the issues previously; but it was not the home inspector I hired, he never actually crawled into the attic. Any insight and or laws that I could reference would be helpful. Thanks in advance!

Answer: You agree to buy “as is” and had a property inspection. IANAL but it doesn’t appear you’d have much recourse. Caveat emptor


Title: Are the COVID-19 related bans on public assembly unconstitutional?

Question:
I was thinking...in the United States, does a state governor or local mayor truly have the power to ban citizens categorically from assembling in groups of a certain size?  Wouldn't that violate the First Amendment's provisions for peaceable assembly?

Is this something that can only be enforced on organizations that require things such as permits to host their events, and not the attendees themselves?

I personally have no problem with these bans, just curious.

Answer:
 The government has the ability to restrict that freedom as long as it isn't for reasons of impeding a person's right to free speech, and if there are legitimate government interests behind the restrictions.  Preventing people from dying could potentially be seen as a reason to restrict such assembly.

A reasonably pertinent supreme court case can be found here if you want to read a bit more:

https://supreme.justia.com/cases/federal/us/491/781/


Title: Tenant in jail on extremely high bond, can we evict him?

Question:
Without getting into too much detail one of our tenants was arrested for an atrocious act and will probably be sentenced for life.

What is the process of evicting him, Removing his property and reclaiming our house?

There was no official lease we had agreed on and it was just a verbal agreement of month to month.

It does look like his friends/family came by and took his vehicles and some possessions but we have no way of contacting them. We drove by and saw that things had disappeared.

WA state.

Answer:
 You need to follow the same process that you would to terminate the residency of any other month to month tenant under RCW 59.18.200.

Full text of RCW 59.18.200 at: https://apps.leg.wa.gov/RCW/default.aspx?cite=59.18.200


Title: Office Closed on First Day of Employment After Relocation

Question: In April I accepted a job with a company in Seattle. They provided a signing bonus and relocation package (with a house hunting trip) with my offer letter. However, on my very first day at this new company the owners flew in unannounced and shut the branch down, laying off everyone (including me) in the process. I will continue to be on payroll for two months, after which period I will be unemployed in a substantially more expensive new city with a one-year lease. I'm wondering if I may be able to bring a "detrimental reliance" case or something similar against them, considering I had a job and I only moved here because of the offer they extended. It seems negligent on the part of the company to extend this offer and have me uproot my entire life when at some point in this process (before I arrived) company ownership knew they would be closing this branch?

Answer:
 A similar question was asked a month or so ago and you might want to read some of the responses: https://www.reddit.com/r/legaladvice/comments/8d7op1/promissory_estoppel_in_washington_state_if_a/

As always, chatting with a labor law attorney would be helpful given your situation. And I'm sorry you find yourself in this situation.


Title: I paid $75.00 to a tow company as a "dropping fee". Since my car was never even hooked to the truck and I paid because I felt threatened, can I place a stop payment on my debit card?

Answer: You don't post where you're located.  In most areas, a "drop fee" is completely legal.  Your option, if you don't want to pay it, is to allow the tow.  So no, you can't revoke payment now just because you don't want to pay it.


Title: is there some way to sue a forum for not banning a user and deleting his post sexualizing a minor

Question: [deleted]

Answer:
 No, there's not. You have no private cause of action here.

Edit: ...Unless you're leaving out *major* parts of this story, even then it's doubtful.


Title: Can I rig an item of mine to explode if it leaves my property (i.e. is stolen)?

Question:
Let's say I have a big sign on the item warning that it will explode.

Also note that this is a question of curiosity. I don't actually plan on doing this.

Location: anywhere, but I do live in the USA.

EDIT: Thanks for the quick answers everyone!

Answer:
 No.  Answer #2: Booby traps designed to cause injury or damage to property are felony-level illegal in most places. A warning sign does not mitigate your responsibility.

Separately, such a package may violate your local explosives ordinances.


Title: Workplace retaliation

Question:
Seattle, Washington

The owner of our company asked me last week to do something illegal. I explained that I am uncomfortable with engaging in that behavior. The owner expressed frustration and asked me why I was working against her. I did not engage in the act. Today, she lowered my salary by $16,000 stating that she is going to take over one task of my job. I never received any feedback or corrective action indicating that I was not performing the task well. We do have an employee handbook that states the process for corrective action and this was not in line with that procedure. Honestly, I feel that this is retaliatory. Is she allowed to decrease my salary so arbitrarily? Is there anything I can do? I have already put in my resignation and have a new job lined up for December across the country, so I don't want to quit immediately. In fact, I believe she is trying to get me to quit to avoid firing me which would likely incur a cost for her.

Answer: Ianal, consult an employment attorney. That may constitute Constructive Discharge, but these issues are heavily dependent on the specifics of state law. Go get a consult from an attorney who specializes in this and practices in your state.


Title: [Pennsylvania] Brother Got Ticket, Says He Wasn't Driving That Fast

Question:
So my brother got a ticket for nearly 30 miles over the speed limit a few days ago, but knows for a fact that he wasn't going that fast. He doesn't have a dash cam, only a passenger who owns the car he was driving.

So here's the problem: the cop avoided small talk and told my brother the speed limit and how fast he was going, then said he had it recorded and that he used a Enradd EJU-91. He says he was the only person in his car. My brother asked if he would get points on his license, and cop said he would.

Then my brother gets the ticket and it shows what appears to be two names on the ticket, one for the guy who gave him the ticket and the other for operating the Enradd.

Then the girl who owns the car chimes in, after they both get home, that the car has visible side effects when traveling at 3mph less than what the cop says my brother was going. So, for instance, the ticket was 58mph, yet the car stutters at 55mph, and the car was not stuttering at that time.

My brother also claims that the cop had his brights on and my brother had a hard time seeing the road while he was behind him.

I'm aware of Enradd's need for specific callibration every 6 months, but I also know of a man being denied, in PA, the right to see the callibration records since he did not know the specific device, and no device specifics were given.

I also know that one of the local police departments are known for being violent and corrupt, even going so far as to break my friend's brother's leg for being on a public park bench (he wasn't homeless, just enjoying the outdoors). So, of course, my brother was too afraid to say anything at the time.

Any idea of what to do? This will add 5 points to his license if he just accepts it, and my parents are disabled and cannot work, and my brother was just hired for a 2-week job for the first time in two years. They have nothing, and cannot pay for a lawyer or the increased insurance rate, let alone the ticket. As well, my brother is needed to drive them to doctor's appointments. I just moved out a few months ago to live with my girlfriend since she was kicked out for being gay, and I can't move back in since it will be too far from my job.

I'm really hoping that there's something to be done here about this. Thanks in advance!
Topic:
Traffic and Parking

Answer:
 The visible defects theory isn't going to hold up in court. Also, you never mentioned how fast he thinks he was going. 30 miles over is a lot. I am going to guess he was in a 25 or 30 mph area? What did he think he was driving?Answer #2: You've got a lot of unnecessary commentary in your post so I'll help you.

TL;DR: Brother got speeding ticket for 30 over doesn't think he was speeding that much. How can he fight the ticket with no money for a lawyer.

Your brother should research as much as he can about that specific radar and the process for representing yourself in the specific court he will be in. He might consider going to a court date to view how it works prior to his actual court date.

Source: I'm a cop


Title: Is there any way to get porn of me taken down if it was consensual at the time? (no docs/contracts signed)

Question: [deleted]

Answer: You won't be able to get the video removed because you were an adult at the time it was made and because once something's on the internet, it's a done deal.  You *may* be able to sue her for using your image for a commercial purpose.  It's also possible you could object because she's likely not complying with 18 USC 2257 record keeping requirements.  I doubt that anything would come of that for a number of reasons, but it may be a reason to rattle the cages at a police department *when coupled with a demand that it be looked at for revenge porn reasons*.


Title: Wife’s ex-husband’s new wife wants her kids to meet my kids. Better explanation in post.

Question:
I met my current wife some years ago. She was freshly divorced and had two children with her ex-husband. We got married. ExH was paying child support for years. The relationship between him and the kids was not a strong one (3 years overseas didn’t allow him to see them and when he called it was a nightmare). During those 3 years ExH remarried himself and had a couple of children. After coming back from overseas ExH finally decided to terminate his rights. Before the ink could dry I adopted the two kids. Fast forward a couple of years. ExH wife has been contacting us requesting my two kids get a chance to meet her and the ExH kids. Biologically speaking the ExH kids are related to my kids but legally speaking there isn’t any relationship. Am I correct in that? We have told her numerous times that we have no desire to have them meet considering those facts. Additionally, she is using the guise that “her kids want to meet them (my kids)”. Not once has the ExH reached out either.

The termination/adoption papers expressly say “I do permanently give up all custody and other parental tights I have to such child”

Basically my question is:

Do the children of the ExH and his current wife mean anything (legally) to my two kids?

Hopefully I didn’t make this too confusing and will gladly answer any and all questions (protecting people’s privacy of course)

Thanks!

Answer:
 If you have a lawfully completed adoption  the biodad is now a legal stranger to his biokids that you adopted.

If you don’t want the kids to meet (makes perfect sense) then terminate all communication. Block them on your phones and social media.


Title: FL: I was roommate-matched with a someone that owns an emotional support animal. I am extremely allergic to dogs.

Question:
Hello r/Legaladvice,

I recently moved to FL to attend college. Most apartment complexes in town allow students to rent by the room. I signed to live in a 2/2 apartment with no dogs. Future roommate shoots me an email telling me that he has an emotional support animal (ESA) black lab. The apartment complex had no idea that the resident had an ESA in the apartment. That is no good for me. After explaining my situation to the leasing manager, she informs me that I can not break the lease. She tried to offer me a 3/3 or 4/4 but I do not wish to live in either. I signed up for a 2/2. I have not moved in yet. I potentially have another apartment lined up and all I want is to get out my lease.

What should be my next steps?

Update: I am now being offered to be moved to a 2/2 without animals. I'm told that it depends on what the roommate matching app looks like. Anything I should look for?

Answer:
 The apartment complex is offering you a reasonable accommodation. You can break your lease, but you would be liable for whatever penalties are in the lease for doing so.

You can also ask your new roommate not to bring the dog, but that is probably a no go. You can also try to ask the property manager to make sure that this is truly an ESA and that the roommate has the documentation needed. A lot of scummy people try to get around having pets by just saying the pet is an ESA. ESAs require an approval and explanation of the need from a physician/psychologist.Answer #2: >I signed to live in a 2/2 apartment **with no dogs.**

Is that last part in your lease?


Title: Got Pulled Over and Fined $182. Should I Fight It?

Question:
Driving in Pittsburgh last night and mistakenly took a busway. I was given a $150 fine, plus $32 in fees.

It was around 9 at night. Only one sign indicated busses only and it looked like it was for another lane. I didn’t see a single bus on the road and another car passed as I was pulled over.

I have 10 days to respond or there will be a warrant for my arrest. I can plead guilty or not guilty. If I plead not guilty I have to send in an additional $8 and of course appear in court. Is it worth it to fight it? Is there a chance the fine will be reduced if I do? Any loopholes I could use to not pay at all?

I’ve never had a ticket before (I’m 18). This car is my dad’s but I’m on the insurance. Please help me.

Answer: I mean, it sounds like you actually were in the busway, right? The fact that you didn't see a bus in the road or that someone else was also breaking the law isn't really a defense. You can try to appeal for some kind of mercy but I don't think they are just going to drop it.


Title: Guy at work is accusing me of being racist to cover himself.

Question:
So what's happened is, I'm a supervisor at my job and I had to correct him as he was giving out extra money. He's turned around and told me to calm down. Now I've told my immediate supervisors and they've asked for his explanation and he's saying I was being racist. Which is a joke. Because I've been at the company 7 years and have no intentions of being racist or nor am I racist.

How should I proceed? Should I make a complaint that he is spreading false rumours, destroying my reputation. Should I get a lawyer involved?

I'm not sure how to proceed when it comes to my supervisors talking to me.

Thanks for any help.

I currently reside in Australia, WA

Answer: I'm not a lawyer, but I'd start with righteousness indignation.


Title: [CA] Pre-Accidental Plagarism

Question: [deleted]

Answer: No, you knew you were plagiarizing the whole time, you just didn't know the images were copyrighted. You run much more risk of being expelled than facing some type of lawsuit.


Title: [California] Took my car into a dealership to get an oil change. While driving to work after, I noticed that my maintenance light was still on. Went back to get the maintenance light reset and the manager told me that no work was even done on my car on the previous visit.

Question:
I'm not sure if this is the right subreddit for this but I'm completely lost. So I took my car into a dealership to get an oil change done about a month and a half ago. After getting my car back and driving to work, I noticed that the maintenance light was still on (maintenance light usually pops up when its time for an oil change on my car) and I also noticed that the sticker that they usually put on the top left of the windshield to remind you of your next visit was not updated.  I called into the dealership and they mentioned that the service tech must have forgot to reset the maintenance light and to come back in to get it reset. This entire situation felt unusual to me so I started to grow some suspicion that no work was even performed on my car. When I went back in the second time, I spoke with the manager and expressed my suspicions and he said he'll dig into my concerns and have the service tech double check my car's oil. Manager comes back an hour later and apologizes to me saying that no maintenance was performed on my car in the previous visit and that they'll do the service for me immediately. Clearly, I was shocked and extremely upset about the matter. I felt deceived and that the dealership pretty much tried to steal my money in the last visit. Even though they did the service in the second visit, the only reason why they did it was because I called them out on it.

I don't know where to start on this. What are my options here? I'm not exactly sure if this is a legal matter so please forgive me if it's not.

Answer: You can sue them for any monetary damages. Since they corrected the issue, and there was no damage to your vehicle, you have no damages to sue for.


Title: My dog bit the Amazon package guy

Question: An Amazon package guy ringed my doorbell and so the dogs became excited and started to bark.   I opened the door and he was bit by my dog that slipped through the door opening.  He was wearing jeans and only got bruised from it.  We exchanged information and he stated that he's allergic to dog bites and I informed him that my dogs are all vaccinated.  I got a photo of the bruising as well.  Can he sue me and get my dog put down?  My dog doesn't have any prior recording of biting people but he does get aggressive with men sometimes (rescue dog) and I feel so stupid for not thinking ahead and putting him away before opening the door.  This is in Washington State.  Any advice will be appreciated, thank you.

Answer:
 NAL, but I am an Insurance Adjuster.

Contact your homeowners insurance company right away.


Title: (FL, 33009) How do I hold a comcast agent to his word.

Question:
Basically, Comcast's website says there's a 300 GB cap in my area, after dealing with a sales agent he said he is 200% percent sure there will be no cap with a deal. He said his supervisor approved the deal. How do hold them to it (in the case of a overcharge fee)?

Edit; After calling today, the Sales Rep told me that he and his supervisor confirmed that my area is not capped. My zip code however is on the list of capped areas. Is he blatantly lying to me?
Topic:
Computer and Internet

Answer: Unless you get it on paper, don't count on it.


Title: (CT) Bought a truck and dealer calls saying I owe them money because of a mistake

Question:
So I just bought a truck from a used car dealership. The owner is the one I delt with and the whole process was the easiest and best I've ever had with a dealership. So my wife and I test drive it and a couple days later I message her and say we really like the truck, how much to hold it for us? She say $300 and I go to drop it off one day after work. At this point we had never once discussed prices or anything and the only thing she had mentioned was that she didn't finance but recommended a credit union she works with that has great interest rates. So when I get there to drop off the deposit she had written out the bill of sale and it was $3,000 less than the truck was advertised. I didn't think anything of it, just thought she was giving me a deal. Anyway, we get our financing through the credit union, and the dealer even had to re write the bill of sale because she made a mistake on the taxes. So I pick up the truck last Friday 3/17/17 and I get a phone call from her today saying she made a mistake and gave me the truck for 15k instead of 18k and is asking me for 3k. She even tried to call the credit union to have them add it to our loan. The thing is, we never actually discussed the price and all of the paperwork is signed and she has the check from the credit union and everything (so they technically own the truck now and we pay them for it)
She was very rude to my wife and I and has threatened to call her lawyer. Is there anything she can do legally to us? All of the paperwork states it as 15 thousand and everyone has signed and the deal is done. Everyone tells me not to worry but I'm kind of freaking out. If someone could give me some advice I'd really appreciate it!!

Sorry for the super long post!

Answer:
 This a very clear case of dealer mistake and you don't owe them anything. If the paper had said your deposit was 3k and it was only 300 that would be another matter, but they sold you the truck for 15k.Answer #2: She's now even trying to make me feel bad, I get a Facebook message saying
"I really hope you guys sleep on it and realize we are a very small business that sells 10-15 cars a month. We do not make a lot on the cars, price them fair and keep customers happy. I made a huge mistake and wrote a different Truck price and now by doing that I'm out $3000. I'm a mess and don't know what to do. Please have a conscience."

This is after being rude to both my wife and I and threatening legal action hasn't worked. So now I assume she talked to her lawyer and he said she can't do anything.


Title: Got rid of my old car around 2 years ago and now i'm getting calls from an attorneys office saying I owe $32,000.... What can I do?

Question:
Just about 2 years ago my dad got rid of my old car ('86) that wasn't running. It wasn't worth much and had enough small problems with it to where it was considered totaled. My dad was fixing up our house so he could sell it and one of the workers (He doesn't remember which one, or whom he worked for) asked how much he wanted for the car. My dad told him that he could have it at no cost, but it would take a few days to find the title and give it to him. My dad returned a few days later and the car was gone. Since it wasn't running and wasn't worth anything we didn't think much of it. Fast forward to about month and a half ago - I get a call from 'Wilber and Associates Attorneys Office' and they're telling me that my car was in a wreck last August. My first reaction was "I haven't been in a car wreck". Their reply was "Not you... *Your car*" They proceeded to tell me the person's name that was driving the car at the time of the wreck and that since the car is in *my* name I'm on the hook for $32,000 unless I can provide a Bill of Sale. I looked up the firm and it has quite a few complaints about fake claims with similar back stories. After i read that I forgot about it and figured I'd look into it more if i got another call... That call came today. This time they also told me that they also have a police report. When I asked them to send it to me she said that she would but that it would take a couple days...
This whole thing just smells fishy to me, and I don't have $32,000..Hell, I don't really have enough to afford a lawyer... If anyone has any advice i would love to hear it.
If it matters I live in Texas, and from what they told me the accident happened in a city about 30 minutes away from me. I also hadn't renewed the registration since it broke down so it had to have expired around 2010...

Answer:
 Unless it's a self-driving car, and a 1986 beater almost certainly isn't, the driver would be the one who caused the accident.

Different states have different procedures, but it is always important to complete your state DMV paperwork when you sell or give away a car. Typically you'll get nailed for parking tickets and tolls, usually not something as serious as this.

It's probably time to contact a lawyer, but the response should be that the car was given away as scrap to persons unknown years ago.

It doesn't sound like you've been sued (yet). Seeing as the police haven't been knocking on your door asking about a hit-and-run, presumably the driver is known to whoever is suing you. They're probably just going after what they hope are deep pockets.

You say that you can't afford a lawyer. The bad news is that the people threatening to sue you can obviously afford one. If this can be settled by a couple of letters and phone calls showing that you aren't responsible for the accident, hiring a lawyer now is by far your best course of action.

Once they serve you with a complaint, it gets much more expensive.  Answer #2: The advice on this thread is starting to bother me. Here are relevant questions for you:
1) did u have auto insurance at the time of the alleged accident?
2) was the car you gave away on the auto insurance?
3) are you collectible? (Do you have assets? - house, car, cash ?)

Please don't talk to this law firm anymore without first having spoken to a lawyer. You can speak to a lawyer without forking over money to hire them.


Title: [Australia - NSW] Grandmother Selling House - Power Of Attorney Stopping it

Question:
Hi,

My grandmother is trying to sell her house, Many years ago she appointed one of her son the Power Of Attorney and Has since had a falling out with him and not seen him in years, She never terminated the POA agreement.

She has had medical issue recently and the death of her husband, Doctors have advised her to downgrade or look at moving into a retirement village,

She was in the process off selling her house and had a fall that they thought she may not recover from ( At first they thought she had a major stroke ) it turned out to be a very serious infection and she collapsed and knocked her head, She has since recovered and is due out of hospital in the coming days. While in hospital her son has showed back up because they presumed she would not make it, He has told her she cant sell the house and will sell it himself when he can do it up for more money, Also contacting her conveyancer telling her to tear up the contract of sale.

My grandmother is slowly deteriorating in health, But she is fully independent and still lives by herself, Shes 100% capable and has no mental signs.

What is her best means of approach here to sell the house and downgrade without her son having a say or stopping it.. As soon as she gets out of hospital she is going to terminate the Power of attorney agreement. But fears her son my claim she isnt indepedant and needs full time care due to her recent hospital stay.

What other means can be taken in this situation, All advice is welcome.

Thanks.
Topic:
Real Estate law

Answer:
 NAL

Her son would have to prove his mother is mentally incompetent in order to block her from revoking his POA.

Here is a FAQ you can share with your grandmother from the [Australian Elder Abuse Council](http://www.elderabusehelpline.com.au/uploads/pdf/Revoking%20a%20PoA.pdf)


Title: UPDATE: Landlocked Parking Lot (NH)

Question:
So, I [posted before](https://np.reddit.com/r/legaladvice/comments/4iozg0/nh_can_i_be_blocked_from_my_apartments_parking_lot/) about losing access to my apartment parking lot because another apartment had decided to tear up the only street leading to it.

They removed the physical cones from the road and instead put up a sign saying "Pass At Own Risk". I don't believe that actually absolves them of liability, but my car hasn't been damaged by driving over the dirt.

Then yesterday, I got home to find them actively paving the street at 6 PM. I had to park 2 blocks away from my apartment again and walk along a steep grassy hill and part of the newly paved road--still warm and sticking to my shoes a bit. (In heels, but that was my own silly fault) There were vehicles at both ends of the road blocking people from entering or leaving the parking lot.

~~I think they kept working all night--I woke up at around 2 AM because there was a sound like hammering coming from outside.~~ Edit: This was not related to the construction, it turns out some asshole friends of my downstairs neighbors were banging on their windows while drunk and/or high, and half-asleep me heard it as hammering. Still a shitty situation for me, but nothing to blame the road crew for.

I know that all I have is a bunch of hypotheticals and no real damages, so I can't do anything. At the same time, this is extremely frustrating and seems shady as hell.

Update: The road has been fully paved and it looks like the workers are gone. I'm sure people here would like a story about how the fire marshall swooped in and saved the day, but reality is boring. They finished their work and left, still without telling the apartment residents anything.

Answer: No damages for you, but the city might be interested in construction going on late at night.


Title: After basement flooded due to no fault of our own, landlord expects us to pay for carpet cleaning/replacement and/or mold treatment. Are we screwed?

Question:
Basement flooded after a plumber trying to fix a leaky pipe knocked our A/C's condensate pump loose, which went unbeknownst to us for hours and led to gallons of water pooling in our basement and seeping through a wall to the carpet on the finished side of our basement. We reported the issue promptly and got all repairs/estimates done through landlord's preferred channels (the warranty group tied to our lease, American Residential Warranty). The carpet still smells awfully musty and parts of the carpet are still soaked despite running a carpet cleaner several times a day (and pulling up, to date, about 9 gallons of water). If it's not a mold problem now, it's *definitely* going to be one soon.

Landlord told us that we can either pay out of pocket for carpet cleaning/replacement, or if we opt to replace the carpet with laminate, "I may share cost with you."

It feels wrong for my roommates and I to have to pay for this. There aren't specific landlord liability laws pertaining to mold where we live (Montgomery County, MD) and mold isn't specifically mentioned in our lease. Local housing code references how to *treat* mold but not preventative actions.

I'm furious and I expect this will need to involve legal action. Am I overreacting?

Answer: I think the bigger problem is why is the landlord coming after you? Did the plumber not have insurance for this exact scenario? It seems to me that if you’re landlord does come after you for the costs, your best course of action is to try to go after the plumber. Answer #2: I think the bigger problem is why is the landlord coming after you? Did the plumber not have insurance for this exact scenario? It seems to me that if you’re landlord does come after you for the costs, your best course of action is to try to go after the plumber. Answer #3: Your landlord cannot charge you for damage to the structure that you didn't cause.  If he were to keep part of your deposit or charge you for the damage then he would have to show that you were responsible for the leak.Answer #4: Your landlord cannot charge you for damage to the structure that you didn't cause.  If he were to keep part of your deposit or charge you for the damage then he would have to show that you were responsible for the leak.


Title: Buying a house from 2500 miles away (MT)

Question:
So this guy is selling a small (12x28) transportable house for about $10k. I want to buy it and move it to my property. My problem is: He's in MT and I'm in NY - I won't be in MT for three months. I'm willing to send him a deposit for half and then pay half in person when I get to his property. He is willing to accommodate this request.

My scam radar is on Low but is there a smart way to make this purchase?  I'm projecting how I would act in his shoes and I know that's not always realistic.

Answer: Consider contacting a local lawyer, and paying him/her to act as your local agent. They can inspect it, and you can have them do the money transfer, or even just put the deposit in an escrow account.


Title: A question about broken windshields

Question: So, I drive on a major shipping route to get to and from work every day. There are often dump trucks on this road and my windshield has a ton of chips in it now from debris falling off these trucks. I'm not looking for restitution or anything, but they all have this sign on them that says "Not responsible for broken windshields". Is that really all it takes to indemnify them from showering rocks all over the road at 70+ miles an hour? Some of them have the "Stay back 200 ft" warning on them, and I typically try to do that, but I've had rocks bounce up and chip my windshield even at that distance. Some of these truck are literally spraying the road with golf ball sized rocks. Just wondering, because it seems like they ARE responsible if they don't secure their loads correctly.

Answer:
 They are absolutely responsible for debris falling off thier trucks and causing damage. A sign does not change that.

They are not responsible for debris in the road that may get kicked up by thier tires.

It can be difficult to prove the difference, so it's best to just stay away from large trucks.


Title: (US-Iowa) Girlfriend's employer paying part of her wages in gift cards. Legal?

Question:
Title covers the meat of the question.

My girlfriend works for a large restaurant, and several times now, her employer "...realized she once again had not been paid the correct amount for a her hours." Usually it's just a prepaid debit card, which I guess is fine, but it's not cash.

It's already shady in that the tips the workers receive are all thrown into a "tip pool" that is then distributed to everyone, but she is paid like $4.25 per hour because the tips should ostensibly cover the rest.

An example: she worked a double shift last week. After the pitiful tips from the day were gathered and distributed, she ended up making about $6/hour. After the fact, her boss "suddenly realized" that they got her total pay wrong, and gave her the difference on a prepaid debit card.

This time, however, she received the difference in a Wal-Mart gift card. Prepaid debit cards are one thing - you can use them almost anywhere. But in this case, a Wal-Mart card locks her into only using it at one place, and beyond that, she can't exactly pay her rent with it.

Is this legal? And if not, like I suspect, what recourse does she have?

Answer:
 I wouldn't accept wages in the form of gift cards.  "No thanks, cash or check please."  If they won't pay, you need to complain to your state labor department over unpaid wages.  Let the employer explain to the state labor department how a Walmart gift card or magic beans or used kleenex is really just the same as money.

If tips+wages don't equal minimum wage, that's another complaint.

You also mentioned debit cards:

http://www.cnbc.com/2013/10/01/employers-cant-force-debit-card-on-its-workers.html
Answer #2: [Iowa's Wage Payment Law](https://coolice.legis.iowa.gov/cool-ice/default.asp?category=billinfo&service=iowacode&input=91A#91A.3) says that:

>... wages ... shall be paid in United
      States currency or by written instrument issued by the employer and
      negotiable on demand at full face value for such currency, unless the
      employee has agreed in writing to receive a part of or all wages in
      kind or in other form.

Did your girlfriend sign anything agreeing to receive payroll cards or gift cards in lieu of standard paychecks?  If not, it might be time for a complaint to the [Iowa Division of Labor](http://www.iowadivisionoflabor.gov/).


Title: Duped into signing a non-compete with the promise of a consulting engagement. Signed and heard nothing back...

Question:
Hi All - I worked for a small company in TX for a few years and left to peruse my own business. While at the company I signed an NDA and Non-Compete and I honored it for the two year duration after I left. At this time I began publicly working on a project that would essentially put me into competition with my former employer.

When the owner of the company found out I was working on this project, he reached out to me and proposed a plan where could partner together.

It sounded good to me, so the owner put me in contact with one of his directors. The director initially seemed very excited and wanted me to start assisting immediately. The only request was to sign the "NDA and Non-Compete" so we can start ASAP.

So I received the document, signed it on behalf of my LLC, and then asked for next steps. The next email I receive from the director said: "We have decided to go another direction on this project".

Thought that was a bit odd, considering their excitement before the document was signed. After a few days I reached out to the Owner and, you guessed it, no response.

So I believe that company, after realizing I could be a threat to their business, had me sign a non-compete with no intention of ever utilizing my services.

Now to my question - is this non-compete valid at all? I've received no consideration for signing this document, they didn't even send me a signed copy back.

The "Term" section of the agreement states: This effectiveness of this Agreement commences as of Effective Date and expires 5 year from the Effective Date (the "Disclosure Period") unless earlier terminated by either party by giving 30 days prior written notice to the other party. Recipient acknowledges that its obligations under this Agreement survive any termination or expiration of this Agreement.

Do I need to terminate this agreement? Or should I just ignore this and continue down my path knowing this agreement is essentially invalid anyway due to lack of consideration on their part?

Answer: An NDA is a contract, which is legally binding only if there is a bargained for exchange; it sounds like you didn't benefit from anything on the exchange. You really need to take the NDA and any supporting documents, emails, text messages, etc. to your attorney and look it all over.


Title: Are police allowed to arrest someone if they witness an assult but, the victim chooses not to place charges?

Question:
I recently got into a serious fight with my older brother and felt I had to call the police after things got real bad. The thing is he's on probation and after speaking to my family we decided its best not to get the police involved, but they refused to let it go. There's footage of him hitting me at the service station and they said they're going to use that to charge him anyway. What can we do to maximise his chances of freedom?

Edit: forgot to say where I'm at. Victoria, Australia
Topic:
Criminal Law

Answer: You have no control over what happens. Your brother broke the law. The state is choosing to punish him for that. What you want is not relevant. The only thing you can do is get him an attorney.


Title: Is this worth looking into?

Question:
I'm a 39 year old married mother of 2. Went into the hospital a week before my scheduled c section with my 3rd child for bleeding. My Dr decided to go ahead do the c section because they could not locate the source of the bleeding. No big deal. This is my 3rd c section. Anesthesiologist comes in to talk, asks about dental issues, I say "yes, I have a cracked tooth that my dentist has known about and has been waiting I until I give birth to fill it." Anesthesiologist says "OK, I'm going to go ahead and note that, and we're going to give you antibiotics through your IV before surgery to stave off any infection." So far so good.

C section is fairly uneventful. Daughter born 6lbs.15oz. at 2:41pm on 5/8/17 in the lovely state of NY. On Tuesday I notice a bump below my tooth. Mention it to the nurses, nothing really comes of it. By Tuesday night, my face (left side) has swollen up and I'm running a fever of 100.4. Around 1am a resident comes in, looks at my face and tooth and prescribes amoxacillian. The swelling is getting worse, pain in tolerable because of the pain medications I'm taking for the section. I've now complained to every nurse, 2 sets of residents and my attending OB that the swelling is getting worse, meds aren't helping, something else needs to happen. I get an ice pack.

I'm released Thursday afternoon. By Friday morning, my face has again doubled in size (I took pictures daily). Called my dentist. He got me in within 5 minutes of my call. I had an emergency root canal because the infection was mistreated and turned to cellulites in my face. The infection was so bad he wouldn't have expected me to make it another week (death). He prescribed a Z pack of antibiotics and has been calling me at home every 2 hours for a facial picture to ensure the infection is moving down and starting to clear the body. He (dentist) was the one to tell me to look into legal actions. Cellulitis is easy to diagnose and should've been by any competent Dr (his words). Now I'm looking at permanent bone damage in my face and jaw as well as a possibility of facial disfigurement.

I'm not the suing type. I would just like all of my dental bills taken care of as I don't have dental insurance but I don't even know where to begin with this. Any help?

Answer:
 Talk to a local attorney who specializes in medical malpractice claims -- way beyond free advice on the interwebz.  Answer #2: Definitely talk to a medical malpractice attorney.

I went though a medical malpractice claim with my wife years ago.

Her arm was disfigured due to a botched blood transfusion.

Her lawyer said it was worth pursuing and took it on contingency, but he said to not expect a big pay day. The reason is that a jury would note that she was married, had a job, owned a house, and had for the most part recovered from the injury. Ended up being a $40K settlement before her lawyer took her cut. No jury trial because the lawyer cautioned she could get zero in a jury decision.

> I'm not the suing type. I would just like all of my dental bills taken care of as I don't have dental insurance but I don't even know where to begin with this. Any help?

You are looking at years before you will see any money.


Title: If I do the “voluntary declaration of disability” form when applying for a job, can the hiring manager see that when looking at my application? (Illinois)

Answer:
 Practical advice:

They will see it.

They will discriminate about it.

Yes, that's illegal, but there's still tons of ableism in workplaces. That's why it's also illegal to *require* one of these forms.

You can always voluntarily disclose it later, once you're hired, and engage in accommodation negotiation then.Answer #2: It really depends on how the company has defined their process and the permissions in their applicant tracking system. I'm assuming that the company you're applying to has a recruiting team, and it's not just the hiring manager who is conducting recruiting and hiring, otherwise the hiring manager would obviously see your response. There are lots of different ways to handle things, so there's no way to tell what the recruiting team shares with hiring managers at this specific company.Answer #3: If the company is smart, then no.

To explain that further, there's no legal requirement that the person making the hiring decisions not know about your disability, only that they not make hiring decisions on that basis.  Same with your race, gender, and other protected classes.

Smart companies will generally design their hiring process so that hiring managers only actually see the information that is relevant to their decision making, things like your qualifications and experience.  Ideally, managers will not be biased in their decisions regardless, but the company can protect itself from accusations of bias by removing as many sources as possible.

Not all companies are smart, and it's not always possible to design their process this way, so your mileage on this may vary.  Regardless, they are legally prohibited from allowing the knowledge that you have a disability to influence their decision to hire you or not.


Title: (SC) Fender bender a couple months ago, we agreed to handle it without involving insurance. He stopped responding to my texts asking to pay his repairs. Now I'm being sued?

Question: I rear ended him when he swerved in front of me. Very minor damages and he said he wasn't hurt at all. Police were called/ involved but we decided not to file a police report and handle it ourselves. Exchanged numbers and info, and I've texted several times asking for the repair quote so I could pay it. He initially responded saying he was working on getting quotes but then stopped responding at all. I haven't heard from him in a couple months. Today I got a letter from a lawyer letting me know they will be representing him in his case. I have no idea what this means or what to do. Please help!

Answer: Now is the time to contact your insurance company, and let them handle it from there. Answer #2: Always let your insurance company handle things like this. That's literally what you pay them for. Your only course of action now is to contact your insurance company and let them handle this.


Title: My Elderly Mother got a notice from the Bank Effectively telling her they are limiting the number of payments she can make towards her mortgage.

Question:
My mother has always been a bit odd, but she has decided its easier for her to make payment and effectively make that elusive 13th monthly payment per year by setting her self to send bi-weekly payment, meaning once a year she make 3 payments in 2 months.

Last week the bank told her she was Delinquent and late on her payments, despite being ahead in the payment schedule. because of her bi-weekly payment not being the  "Whole amount of the amount due for a monthly payment."

Is this legal?
 From what I read at  [FTC.gov](https://www.consumer.ftc.gov/articles/0190-making-payments-your-mortgage-servicer)
 The servicer must credit a payment to your loan account as of the day it is received.

[redacted letter from bank] (http://imgur.com/atF0Z0d)

Should we hire a lawyer? should she complain to the FTC? Another Entity?

Answer:
 I'm going to rephrase to make sure I have the facts correct.

You mother pays her mortgage bi weekly , any excess is applied to the principle.  They are going to start charging her late fees because she is making  1/2of the payment by the due date and second 1/2 after the grace period.

Yes they can do that.  She is not actually paying her payment on time applying the excess to the principle is better for your mother then them crediting it towards the next payment. Pay the payment in full by the due date and she can still send in 2 more checks per year ( don't count those as payments , they are extra)