Title: $7,000 missing from my CO 2017 class funds. x-post from /r/personalfinance

Question:
So here is the deal.
At my current high school, all activities, fundraisers, and spending of money for the CO 2017 must go through a long and tedious process of approvals and all sorts of forms. So to bypass all of this, class officers voted to have our class sponsor and a parent of one of the class officers, open and maintain an outside bank account. This allowed us to freely fundraise and transfer funds throughout the year.

Both holders of the account left the school and passed it on to another parent and sponsor. The next sponsor also left the school and the account was (apparently) left to the parents of the (then) class president.

As re-elections came along, questions arose as to the state of the account. The current president has confronted the former president and the story says that the parents never had the account information all the while last year they did have the account. This is proven with a check stating the parents names and the reason for the check (a fundraiser).

Photo of check: [(http://imgur.com/gallery/gAYo0c7)[1] ]

My questions being... How do we go about retrieving money raised over an entire years work? Is it possible it was some sort of joint account? and what actions should be taken? Is an outside account still recommended?

Sorry about the poor formatting, I am still new to reddit. :/
Any advice would be happily taken.
Topic:
Other Civil Matters

Answer:
 You don't do anything. Talk to a school administrator, who can speak to the school district's lawyer. Whoever came up with this bright idea

>At my current high school, all activities, fundraisers, and spending of money for the CO 2017 must go through a long and tedious process of approvals and all sorts of forms. So to bypass all of this, class officers voted to have our class sponsor and a parent of one of the class officers, open and maintain an outside bank account.

should step down as well. Answer #2: Tl;dr-
>Dear legaladvice, we were tired of the tedious controls put in place to stop fraud and abuse, and so we decided to circumvent them. Now we're experiencing a case of fraud and abuse. What should we do?

You can hire a financial auditor to go over the books; assuming the prior negligent custodians even kept enough records to check. If they were skimming cash donations that were never counted and recorded, you're unlikely to ever really know how much they stole.

Even if you have evidence of them doing things like cashing checks to them self; it was their account. They weren't accessing it illegally. The organization should have been set up like a business, with a clear approval process, spending limits, and accountability in place. Answer #3: There's voting and forms and stuff like that in place for a reason. So that there's a paper trail of who is in charge of what money and so that you can keep track of and not lose funds.


Title: Involved in minor hit and run

Question:
[Southwest VA]

Alright, so I decided to go to the grocery store. The place was very crowded and I debated going home, but decided I would find a spot and park. Well, the spot I found was very hard to get into and, idiot me, decided to try my chances. Well basically the corner of my car ended up bumping the back driver side corner of another persons car. The car had nobody in it, and I don't think anybody saw it. Well, 17 year old me (accident free), decided to promptly leave the place and return home (only a minute away).
I basically just sat in my drive way and pondered what had just happened. For a minute, I decided I was going to forget about it. That didn't last long as thoughts started racing through my head. I got back in the car, and went back to the store and causally drove by the scene. The car was still there, but I noticed a substantial dent in the corner of it, which almost made me sick when I saw what i had done. So, I promptly drove back home AGAIN, and threw up in a trash can outside.
Then I decided ok. Time to live up to what I did. I went back AGAIN, trembling with fear, and noticed there was no car. So the person left the scene.
Basically I did a hit and run and I don't know what to do. I didn't get his plates, I don't THINK there were any witnesses. So what do I do? Any advice?

Answer:
 Wait and see what happens or call the police and report it. Those are your options.

Side note, a lot of stores have cameras in their parking lot.


Title: (NC) Backing out of lease BEFORE signing lease

Question:
Hi, i'm new to the US so i'm still not 100% sure of the rules, and internet searches haven't been useful.

I went for an apartment viewing the other day and told the agent that I was interested. The agent said that there is normally an application fee, but that this would be getting waived. After a credit and background check i've heard that my application has been successful, however, I have now changed my mind on the lease for various reasons.

I signed the application and also a second piece of paper detailing the costs of moving in. I have not signed a lease or anything which resembles a lease. I suspect the second piece of paper with costs is basically worthless and exists only to pressure people so they don't back out.

My question - the agent would have likely incurred fees for my application due to the background and credit check, because I have backed out do I need to pay them for this? Can I email the agent tomorrow and say "thanks but no thanks" and incur no penalty. Also, would this have left a mark on my credit file which may reduce my chances of moving into a different apartment? I've only been in the country 4 days. This is in NC.

Thanks!

Answer: As long as you didn't sign a lease with a start and end date on it, you're fine to back out.


Title: FL: Being pressured to order unnecessary medical procedures

Question:
Throaway for obvious reasons.
Location: Florida

I am a health care provider who works directly under a physician (I have the ability to diagnose, treat, write prescriptions, do procedures, etc). I work for a specialty practice. Now I understand we are a business and need to make money, and we make pretty much all of our money by ordering certain medical procedures. These procedures are covered by insurance but are in some way considered cosmetic particularly if the patient doesn't have pain or any symptoms. The condition these procedures are treating is not life threatening but can cause problems as well as be cosmetically displeasing.

Anyway, we have been basically told in no uncertain terms we are not ordering enough of these procedures. This happens for a number of reasons. It is based on our clinical judgement but sometimes it is simply not appropriate (the patient's symptoms are controlled, the disease itself isn't that bad, the patient has other major medical problems, the risks outweigh the benefits, the patient has too much other shit going on in their life, etc etc). We are now going to be issued a monthly grade based on how many procedures we are ordering. I asked our medical director what we are supposed to do when they deny symptoms and their insurance requires that the patient be symptomatic in order to be covered. I was told "the patient needs to go home and think about it." I am pretty sure some of the providers are lying in the chart. I was also stopped in the hall by one of the higher ups who was complaining about some of the providers not ordering enough procedures. I also over heard a conversation taking place about firing us if our numbers are too low.

Obviously I am looking for another job because I'm only going to do what is right for my patients no matter what. But my question is what if I get fired for not ordering enough procedures? Isn't that illegal in some way?

Answer:
 It almost certainly IS illegal and could possibly cause the revocation of the clinic's license, the licenses of the physicians, and possibly even your license if you're complacent with the policies and don't do anything. The government (for Medicare/Medicaid) will likely audit your charts at some point and there are criminal charges for billing Medicare/Medicaid for unnecessary procedures (but prosecutions are generally for egregious cases).

You need to file a complaint [here](https://www.flhealthcomplaint.gov/). Be sure to read [these FAQs](http://flboardofmedicine.gov/complaints-process-faqs/) about the complaint process.Answer #2: OP: Are the patients you see solely covered by private insurance, or do you also treat people with medicare/medicaid?


Title: Does this mean I am aloud to drive?

Question:
I missed a court date in july. I thought it was the day after. When I found out I was wrong I arranged a new court date. They set it for next month, but the clerk told me I would be suspended for failure to appear before the court date came. August 4th I went to court and they vacated the charges. My father received this in the mail on the 8th. It seems like it could go either way as the wording is a bit weird. What do you guys think? Can I drive or no? I will call in to make sure tomorrow.
Located in Cook County, Illinois.
[Letter](http://s24.postimg.org/fex0tgm2t/Untitled12.png)

Answer:
 ALLOWED! the word is ALLOWED!

but yes, it looks like you're good to go.


Title: Need help, I might have just been implicated in fraud.

Question:
EDIT: OK guys, I know I'm stupid, thats not why I'm here.

I'll keep the story short, someone I semi know online shared credit card details and other information with me. I started to order items, until I realized this card may be stolen, and I might have just committed fraud. Please help, I'm young and have no idea what to do. I've cancelled all orders I've made

Answer:
 Why would you take random credit card details from a random person and *not* think that they're stolen?

Anyhow, your first step, to cancel orders and to stop using the card, is a good one.  You may also want to report this to the credit card company and provide the details of the person who gave it to you.


Title: Accused of rape by the mother of my children .

Question:
Me and my ex broke up 4 years ago and now have a pretty good standing as we have to split the kids up. Anyways, originally i left with the kids because she was outrageously drunk. I came back to.check on her and there were police there, asked me a few questions about sexually assaulting her, which I denied. And they let me go, after her denying a rape kit. Her entire family was on my side on this one but I guess they all changed their minds? Idk, crazy family. Her dad believes me and no longer talks to the family for separate reasons. So this all took place in 2013. Now, she is trying to open the case against me and is.having a detective contact me this afternoon. She states she has audio and text of me admitting to.this which I highly doubt, or there may have been statements made taken out of context.

I'm really not that worried about it as most of the police I've talked to have kind of rolled their eyes at her as she has falsely accused me of other crimes totalling 4 times for rape, rape, breaking and entering/grand theft, and battery. I was never charged with any crime.

But! Is there anything else I should do as this is a pretty serious allegation. Any advice would be helpful

Answer:
 >having a detective contact me
Lawyer Lawyer Lawyer....  Dont talk with the detective w/o a Lawyer... no good will come of it.Answer #2: You should retain an attorney before speaking to the police.

This statement is concerning to me:

>I'm really not that worried about it as most of the police I've talked to have kind of rolled their eyes at her ...

It suggests that your guard is down when approaching this interaction.

The police are gathering evidence from you to build a case against you.

Do not speak to them without an attorney.Answer #3: You should stop talking to her as much as you possibly can and keep a phone number for a lawyer handy. Even the accusation of rape can seriously mess up your life.

Is there a custody agreement over the children? If not you should get one like now.Answer #4: Your state is *extremely* important here.Answer #5: 1) Don't speak to the police or any representative of the police without your lawyer present.

2) Don't interact with the police or any representative of the police unless they have a warrant.Answer #6: On the bright side - if they detective is asking you for an interview it means they have no other evidence, not even credible testimony from the accuser (which is evidence in itself).
They are hoping that you will kindly provide them some evidence by admitting something or by making a demonstrably false statement.
If they had enough evidence they wouldn’t call, you would be in jail right now.
A lawyer will be the best $500 you’ve spent in your life.


Title: Harassed by West Virginia State Police. My rights were possibly violated as well.

Question:
This isn't a short detail of events, but I will try my best to make it concise and to the point. The following took place on Tuesday, 16 SEP 2014 in Welch, WV.

I was traveling in a vehicle with my friend (**J**) and his mom (**D**), who was giving me a ride to run some errands for my grandmother (who I live with and help take care of). On our way to our destination, I saw a guy I went to high school with (**R**) who recently messaged me on Facebook about working on a computer of his that was giving him issues.

I asked D to stop beside R so I could ask if he still needed me to look at his computer, since I'm currently unemployed and rely on odd jobs like this to make a few bucks. R said that he had already taken his computer to a local shop, but that he would let me know if there was anything else I could do for him. Before pulling off, I asked if he had a few bucks I could bum for gas since D's gaslight was showing. He happened to have $7, which he gave to me. I thanked him for the $7, and we began to drive off.

While making our way back onto the road, a West Virginia State Police cruiser drove past us heading in the opposite direction. Shortly after travelling down the road, we noticed that the WVSP cruiser had turned around and was now behind us. No sooner than they were behind us, they turned their lights on and pulled D over.

Three (3) West Virginia State Troopers approached the vehicle, one on the driver side and two on the passenger side. I should note that I was seated in the backseat behind D, and J was in the front passenger seat. The first trooper asked D for her information as well as asked her who both J and I were, to which she replied her son and his friend (me). He then asked why we were talking to R. She told him that I had asked to stop and talk to him. He then asked why I was talking to him, so I told him about me asking about his computer and that I bummed $7 from him for gas.

It was at this point that the trooper became aggressive in his dialogue with us. He informed us that R was a "piece of shit drug dealer" and that we were doing more than what we said we were doing. I told the trooper that I was unaware of what he was telling us and that what I was telling him was the complete truth. He then told me to not "fucking lie" to him and opened my door and told me to get out of the vehicle. At this point, both D and J were also directed to exit the vehicle.

I was told to put my hands on the back of D's vehicle while I was searched by the trooper. He repeatedly asked me if I had any kind of drugs or paraphernalia on me, to which I told him I didn't. He continued asking me why I had stopped to talk to R and became increasingly visibly upset/angry when I repeated to him what I had told him from the beginning. He kept saying that R was a drug dealer and that I couldn't be doing anything other than buying drugs from him. I told him that I know R from high school and that before I talked to him on Facebook and when I saw him shortly before, that it had been years since we had spoken to each other.

Throughout the questioning, I was still being searched. I was made to take my shoes off and roll my socks down. I wasn't allowed to put my shoes back on immediately and had to stand on the asphalt in my socks. D was also being questioned and searched at this time. She was asked to pull her bra out and shake her breasts by a male trooper. The same trooper also ran his hand down her sides as well as over her genitalia area (outside of her pants).

The trooper questioning me kept asking me where I had put the drugs that he was accusing me of having bought. I kept pleading with him that what I was telling him was the truth, and that I had no drugs. He had me open my mouth for him to look inside for drugs. I suffer from anxiety, and the stress of the situation had made me visibly nervous. The troopers insisted that I was nervous because I was hiding drugs, which caused them to search me even more.

It was at this point that they did something that I feel violated my rights as a citizen and simply as a human being. The trooper searching me told me to ***pull my pants down***. I looked at him and asked "Really?", because I felt that his request was not within his realm of authority. He told me "Yes. Or I can take you down to the station and do i that way, because we can do that". It had already been 30 minutes that we had been stopped at this point, and I just wanted the hell I was experiencing to be over and done with.

I pulled my pants down in plain view of traffic and any bystanders. The trooper looked inside of my pants and the waist of my underwear. I was made to stand there for a few moments before I was told I could finally pull my pants up. Even after that, the trooper told one of the other troopers that "he probably has it in his ass". I was still searched for a few more minutes after that until we were finally told we could leave.

I have never been made to feel like less of a human being than I was that day. I was raised to be honest with authority figures and tread them with respect. I have always done so, as I know they don't have an easy job. However, I feel as though I had to prove my innocence to them when I had done nothing wrong.

I would be grateful for any advice that I receive about this situation, as it has left both me and D mentally bothered as well as humiliated, since people have already begun talking about us being stopped by WVSP.

Answer: You can file a complaint with the internal affairs department.  You can also meet with a civil rights attorney to see if you have a case for violating your Fourth Amendment rights.


Title: Would this be unlawful impersonation? ID theft? A FERPA violation?

Question:
My wife and I are going through a custody battle for her kids. The following happened, but I am curious as to what kind of violations he or his family may have committed.

My 2 step-sons have behavioral issues stemming from bio dad's abuse (toward my wife, not the kids) and relative negligence of the kids - basically ignoring them unless they made him mad. They are both enrolled in intensive programs here in OR to help them integrate back into gen ed classrooms, but still require 1-1 support.

We discovered on 8/1 someone called my younger son's school saying they were my wife and requesting his records be faxed to a school district in CA (where bio dad resides) because he was permanently relocating to CA. They were in CA for their  summer visitation with bio dad, but came home in accordance with the current order. She never called and we are still in OR with no intention to relocate. She also discovered that the school went ahead and faxed the records to CA without written authorization from either my wife or bio dad (who still has 50% legal custody).

Is there such a thing as "unlawful impersonation"? Would charges have to be brought in OR or CA? Can we file a FERPA complaint here in OR? Is it even a FERPA violation?

TIA and if this is better suited for LA proper I will move it. Also, we have a family law attorney in CA for the upcoming custody hearing, but wanted input on the school's actions.

Answer: Remember this sub is for hypothetical questions! Please post to r/legaladvice if you’re looking for actual legal advice.


Title: Paid for something upfront on Venmo but seller never shipped

Question:
Can I file a police report? Venmo’s policy is that they can’t give money back once the other party has received it.

The person was supposed to sell and ship an item so I paid on Venmo ahead. What are my options?

Answer:
 >Can I file a police report?

Sure - just do not expect the police to do anything about it.

>Venmo’s policy is that they can’t give money back once the other party has received it.

Which is why nobody should use Venmo to pay a stranger. The Venmo Terms of Service explicitly say you have to use it with people you know and trust.

>The person was supposed to sell and ship an item so I paid on Venmo ahead.

And because of that, your money is gone.

>What are my options?

In reality, none.

Theoretically, if you knew the real name of the scammer (you do not) you could sue them in small claims court, win a judgement then work hard to collect your cash.

Sorry - you need to consider this an expensive lesson on never trusting a stranger with your hard earned cash.


Title: What can I do if ICE comes for my naturalized partner?

Question: [This story scares the hell out of me.](https://www.texastribune.org/2019/07/23/texas-ice-us-citizen-detained/?utm_campaign=trib-social&utm_content=1563892302&utm_medium=social&utm_source=reddit) I know where his passport is. If ICE come for him can I do anything besides refusing to leave their property by my own volition and going to the media?

Answer:
 In general, it's really difficult to take preventative action against being wrongfully arrested. If a law enforcement officer wants to arrest you, he can. It is something you fight after the fact. A few notes about your story

1) He was travelling with his undocumented brother

2) ICE didn't "come after" him, he went through a checkpoint.

This is not a justification just an explanation of the circumstances.Answer #2: The kid in that story has both a US birth certificate and a tourist visa application saying he was born in Mexico.  I find it unsurprising that it is taking some time to figure out which one is true.  That being said, it can't hurt to have the number of an immigration lawyer in case a mix up happens.Answer #3: I hate saying this because it is such an unamerican thing to have to suggest, but he should have proof of citizenship on him at all times. You can get what is called a Passport Card which might be easier than carrying the passport and provides a backup in case it or the passport is lost.

I would also have the name of an immigration attorney or aid group on hand at all times. If ICE shows up that's your first call.

I'm sorry you and your partner are having to deal with these fears.Answer #4: You could file suit as their [next friend](https://en.wikipedia.org/wiki/Next_friend) and seek the Great Writ (Writ of Habeus Corpus) before a federal court if ICE illegally detained your naturalized partner.


Title: I went to a local business where the owner's dogs jumped on my car and scratched it. She is refusing to pay for damages.

Question:
So, last week I went to a local greenery to pick up some gardening supplies. I brought my dog along for the ride because I always do when I go somewhere. My dog was in the back seat with the windows open slightly so she could get some fresh air. When I parked my car, the owner's two large German Shepherds came up to my car barking at my dog and jumped on the side of the car scratching the paint. I got an estimate for the damage and it was about $730.

The owner had originally offered to pay for half but I told her that was unacceptable because I wasn't at fault here. We tried to come to an agreement and to see if her insurance would cover it. It did not. So now I'm considering taking her to small claims court to pay for the damages. I can't afford to pay for the damage at this point so I'm not sure what to do. Should I take her to small claims court to make her pay for it? What steps should I take to do this?

Edit: So, I forgot to put my location. I'm in northern NY State.

Answer:
 Her dogs aren't allowed to damage customer cars. In essence her property that she should have control over damaged your property. It seems pretty clear to me. I'd file in small claims. You won't be any worse off and I'm sure a judge would love to here her explanation why she's not responsible for her dogs damaging your car.

This sort of thing is exactly what small claims is for.


Title: Pharmacy was wrongly applying Rx coupon to my name brand prescriptions. Now suddenly hit with ~$3,000 bill.

Question:
I require a name brand prescription drug.  My insurance plan pays 50% of the cost with a max OOP for me of $500.  Being that the drug's contracted price is $2,100, my liability is $500. I signed up for a coupon with the company that offers the drug before learning that it is only good at one of the two local pharmacies on my plan.  I go to the one normally that is not included, yet for some reason when I was getting my prescriptions for the first few months-- they were applying a coupon (I knew no details, thought it was a promotional thing) which made the cost $40.

I didn't know what it was but I didn't complain since I thought it was a promotion or something and wasn't going to give up $460/month in cost relief.

Then all of the sudden I get a bill after 6-7 months for all of the missed coinsurance stating that the coupon should not have been applied at the pharmacy. That's $460x6= $2,700+

Can I be billed after already completing the sale/purchase of the drug?  My insurance claim says pt. responsibility $500 but my receipt from the pharmacy says $500 coupon $460 pt co-ins. $40.  Amt due $0.00

Answer:
 The pharmacy needs to resubmit each of the purchases to your insurance company and have it processed through the insurance.  It sounds like they never took that step and are now holding you responsible.  Speak to the pharmacy manager.Answer #2: I would contact your insurance company. IANAL but my mother's doctor pulled this last month because they simply hadn't bothered submitting the claim (as in, at all) and told her she would be responsible since the time to submit the claim had expired due to their billing office's negligence. It was not her problem and the insurance company handled it. You could also potentially involve your state's insurance commissioner.Answer #3: This sounds a lot like my wife's situation. Making up a few numbers.

1. Retail monthly cost is $3,000.
1. Prescription coverage covers all but $500.
1. Drug manufacturer has a discount plan that gets processed as secondary insurance, which covers up to $500 with a $10 copay.
1. So as far as our actual insurance is concerned, we're paying $500, but the pharmacy submits to what their system sees as secondary insurance.
1. Fake secondary insurance discount program pays pharmacy $490.
1. We pay $10.

It sounds like the secondary insurance/discount is only good at one of the two pharmacies.

So the legal question is, since the pharmacy led OP to believe that the secondary coverage was in fact applying, are they now liable for months of high copay since it actually didn't?


Title: [ON, Can.] Years ago my children and I were granted asylum in this country due to well-documented violent persecution by my abusive ex-husband. Now he has moved to a neighbouring US state and has sent word that he wants to find us. What legal measures can I take to protect me and my children?

Question: [details removed]

Answer:
 Your ideal scenario would likely be that he is barred from entering Canada at the border.  Canada has barred those convicted of certain crimes.  If you have the funds, contact a local attorney who specializes in cross-border issues & domestic violence, and see what they can do for you.  If you don't have money, try contacting the government: http://www.cic.gc.ca/english/information/offices/

This is the law on excluding people: http://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-16.html#h-22


Title: A shit "friend"

Question:
A little over a year ago, against my advice (NEVER buy or sell a car or house from/to a friend), my husband took out a bank loan to purchase a vehicle from a buddy. The loan has been paid off for MONTHS and we still have not received said car or title. Maintenance had to be done, and every time he has fixed one thing he has damaged another part. Being a BMW, the parts have to be ordered each time. Friday he said he had a family emergency, naturally I don't believe a damn word. Whatever. What's another day at this point? Yday he says he left a light on in the vehicle, of course this ran the battery down. He had to take the battery to the shop he works at to charge it. Fine. Get it done. Never heard back. Today, we still haven't heard anything after several texts and messages.

I've been ready to wash my hands of this since the very beginning. Husband has finally reached the point where he is ready to take legal action. Of course, we do not have the money to do this. I'm determined enough, we will find a way to pay for what we need to to get this taken care of, including him paying for the legal fees (if possible) in the end.

I believe we paid $2500 for it. I've told him if we don't have the car, he will be paying for the loan we took out in full- including interest.

Ive never had to take legal action on anything and have no idea what the first step should be. I assume simply calling around tomorrow to local lawyers would be a good place to start.

I'm posting in hopes someone can tell me a correct, or at least good, route to go or start on. Obviously at this point I'm just angry and tired of his bullshit. Any advice would be greatly appreciated. I'm in Texas if that matters. Thank you!

Edit: thank you for the advice! Already downloaded (what I think) is the correct form to fill out. Will be sending it in tomorrow.

Answer: So you paid him a year ago and he hasn't delivered the car? If so just file a in small claims court tomorrow. You don't need an attorney this appears very open and shut.  Sue him for whatever you paid him, but you probably won't be able to include interest.


Title: Child support

Question: My son's mother said that she just received a hospital bill from 2012 and my half is $877.50. CPS had ordered for her 5 children to be examined by a children's abuse pediatrician due to multiple/questionable incidents that happened while in her care. I usually have 30 days to pay a bill but under the circumstances, I don't see how I should be responsible for any of it. Any advice would be greatly appreciated.

Answer: What does your child support/custody agreement say about your responsibility for medical bills?


Title: [VA] Drunk driver totals my parked (leased) car, going to court tomorrow...

Question: Long story short, a guy driving his friend's car totaled my car as well as my neighbors, then flipped his car. He ran on foot when he saw the police coming, but he was caught the next day. Tomorrow I go to court. While I have not had to pay out of pocket for my leased vehicle thanks to Gap insurance, I have paid over $4,000 towards the car. I was planning on buying the car at the end of the lease, so I am hoping I can get at least some of the money back from my investment? Not to mention all of the trouble and annoyances it has caused to have no car (missed work, issues with the wife and scheduling, etc). The Prosecutor has not been in contact with me despite many phone calls, when I speak to the Victim's Rights person she tells me that the Prosecutor will get in touch with me soon (2 months now...) but if they do not, I can speak with them before the case. Any advice is greatly appreciated!

Answer:
 You should also be looking into a civil suit against the guy.

>so I am hoping I can get at least some of the money back from my investment?

I'm not sure what you mean by this.  Since it's a lease it seems like you have full coverage and gap coverage.  So you're being made whole on the value of the car.  If your insurance doesn't cover car rentals, you could rent a car and conceivable have this paid back by the guy who hit your car, providing he's not judgment proof.

Missed work really isn't the other guy's responsibility.  You have a duty to mitigate your damages.  I'm not really sure how you quantify issues with your wife.  You should consider a rental car if you haven't done so already.  That will make a lot of your issues go away for the time being, and you'll have receipts showing how much that costs.


Title: Is it legal for a surgeon to leave information out of his notes? What can I do about it?

Question:
[Ohio, USA]

I posted a few days ago, but basically... had wisdom teeth pulled. Woke up during surgery. Surgeon continued on and finished with me awake. Granted, he was almost done at that point, but I do not feel he should have continued.

This info is not in surgical notes.

Answer: That is not, in and of itself, illegal.


Title: Being sued for emu eggs

Question: I sold a guy emu eggs they were sold to me as fresh and fertile eggs the man bought a few equaling 300$ I told him they guy I got them off of said they were fresh and fertile Well he started incubation took them out and put them in water to test how old they were.well none of them hatched and now he is threatening to sue saying I sold him bad eggs.

Answer: Is there generally a guarantee that Emu eggs will hatch? If you gave him some kind of warranty that they would hatch then he has a claim. If you honestly and in good faith conveyed to him the information you had about the eggs and they did not hatch for whatever reasons, which may have been related to an infertile parent, improper handling or storage, or improper incubation, then he is out of luck. In the future if you sell eggs, it would probably be a good idea to explicitly agree in writing as part of a bill of sale that the buyer assumes all risks that the eggs do not hatch and there is no guarantee or refund if they do not hatch.


Title: Hit a jaywalker

Question:
Recently I was involved in an accident in which I hit a jaywalker. The incident happened at night on a street that was not well lit. The police investigated and told me that the accident was in no way my fault, and there was also a witness who pulled over and waited for the police. The officer told me that the witness also came close to hitting the jaywalker as he popped out from behind bushes.  If I didn't hit him, he would have.

I received a call from my insurance company to inform me that the jaywalker made a claim and requested how much coverage my insurance provided as well as provided his medical bills claiming $134k and some change was the bill from his visit. He is requesting I pay that as well as pay for his mental health visits as he is now 'severely traumatized' from the event. He allegedly sustained a left, right and pelvic fracture, as well as a few more injuries which I cannot think of at the moment.

This individual is also an illegal immigrant. Do I have options? The claim specialist kindly assured us that him being an illegal immigrant and breaking the law is not a factor. Some government we have here.

edit: I am living in California
Topic:
Traffic and Parking

Answer:
 > Do I have options?

Yes, your insurance company should handle this.  He's asking for the limit because he won't go over it - thus, you'll be out no more money out of pocket.

> The claim specialist kindly assured us that him being an illegal immigrant and breaking the law is not a factor.

His immigration status is not a factor.  His breaking the law is not a **deciding** factor.  Civil claims are different from criminal charges; even if he is breaking the law, it doesn't mean that you didn't screw up, too.


Title: (Canada) Legal action against me because of downloading.

Question: So a few co workers and I are living in the shacks at the base were posted at and we decided to get internet for us. I put it all in my name and everyone pitches in evenly. But I received and email about "unauthorized use of copyrights". I'm assuming that one of the people that are using the Internet has downloaded something. They stated that they are looking for a $200 settlement to not continue with any legal action and I've never had anything like this happen before. I'm wondering if anyone can give me some more information to go off of here about what I can do. Thanks.

Answer: Google Canada's "notice and notice" law. The ISP is required to forward you the notice verbatim and does not give your information to the person who sent the notice. Ignore it and stop downloading copyrighted material before your ISP cancels your internet or some company decides you're a big enough fish to sue.


Title: Buyer from eBay scammed me using Paypal, now my Paypal balance is -$900. I cannot afford to pay this at all, as I am an 18 year old student enrolled in school full time. What legal actions can be taken against me?

Question:
So due to school starting, I resold an article of clothing that has a very high resell value (Supreme lol). I used this money for rent and other expenses, gave receipt to the buyer as well and well over a month after he received it he put a claim through Paypal saying it is counterfeit (it is not). The buyer wasn't cooperating when told to return it and when Paypal ruled the case in my favor, he sent it back, only to put it under a different name so I can't retrieve it (since I don't have proof of ID in that name). The item is currently being sent back by the post office, and Paypal has ruled the case in the buyer's favor since he provided proof that he tried shipping it to me.

Because of this, my Paypal account now has a balance of -$900. I simply have no way to pay this off through my part time job, as I all the money I am making is going towards my living expenses and tuition.

What is Paypal going to do to me? I really don't want to get into legal trouble, especailly since I have no way to pay off this debt.

EDIT: I am in Canada.

Answer: Unlink your bank account and everything else from your paypal so they don't try to vacuum the money out for starters.


Title: CO If my unit is one of the ten they select to inspect, do they have to notify me that they entered?

Question:
My lease states they cannot enter with consent unless it is an emergency.  I was told that today will be crazy since it is Monday and the 2nd. They are choosing 10 units out of almost 1000. I do not think it is unreasonable for them to notify the 10 tenants  (at least those of us at work) that they entered.

Am I wrong to be concerned that they do not want me to know if they do enter? Is it legal for them to not tell me?

https://imgur.com/gallery/EcTsr

Answer: You can write them back and tell them you refuse blanket generic permission for the inspection and that you require specific, personal 24-hour notice in writing if your unit will be inspected. You can offer any reason or no reason for this at your discretion.


Title: Turned Away by Urgent Care

Question:
This happened to my 66 year old uncle today.
Earlier this morning my uncle accidentally breaks a ceramic mug while cleaning the dishes.   He ends up slicing his finger.  So he goes to urgent care with finger wrapped in a bloody cloth. As he approaches the front desk to sign in, he immediately told to that he must go to ER. They don’t even let him sign in!  Or see a doctor.  Not looking for any trouble he leaves and goes to his main doctor. He requires several stitches and was instructed to use his finger for a week.

Can he take legal action against the urgent care ?

Answer:
 They did exactly what they should have by directing him where to get proper treatment.Answer #2: Probably not. If they had some viable reason (they were already too full, the doctor wasn't there, they don't do stitches, or anything along those lines), there's no cause of action. If he thinks they were discriminating against him because of his race, religion, or some other civil rights action, yes, he could take action, but you don't mention anything like that.Answer #3: Urgent care clinics can turn anyone away for any reason other than being a member of a protected class.

If the admission nurse believed the injury was outside their ability to safely treat (even if it turns out they could have) then she did the right thing sending him to the ER.


Title: How to disclose information that could help a rape case

Question: I am going to keep this vague so this case can't be identified just an FYI but this is in Texas. A guy from my hometown was accused of rape by this girl who also went to highschool with us. This happened about a three years ago but it has recently come out that he is planning to plea down to a misdemeanor and will not be serving time or anything despite a positive rape kit and the violent victim account. Well at the time I was sort of friends/acquaintances with his then girlfriend because she was in one of my classes. Before news of the rape/his arrest she told me that the day after he raped the victim (she didn't use this phrasing then bc it wasn't known yet) he came over to her house and his front tooth was chipped and she showed me a snapchat photo of him showing his chipped tooth. She also told me that he told her that he had cheated on her the night before with a girl at a party. Now I actually have the snapchat photo of him showing off his chipped tooth with a time stamp showing the day after the attack. I think this chipped tooth helps back up the victim's story that she fought back and hit him. Hearing the news of him maybe pleaing down this charge has got me thinking that I should give the authorities or someone this photo. I really don't want to get involved or have my name brought into this at all but I want to do the right thing. Who would I give this photo to? Also how would I do it anonymously?

Answer:
 An anonymous photograph really isn't going to be of much use in a hypothetical trial. If the DA was going to use this, you would be called to testify about how you received this photograph and then the photograph would be presented to the jury.

&#x200B;

That said, if you want to be helpful, you can contact the police department that has jurisdiction for this case and tell them your story. The DA may or may not decide to modify their plea deal.Answer #2: You can't do anything anonymously.  The defendant has the right to cross-examine any witnesses against him.

You can tell the girl to let the prosecutor know that you have this picture and are willing to provide it if needed.


Title: Unused handicap spot

Question:
Hi there! First post on legal so hopefully I do this right. I'm from Chicago Illinois and I live in a condo amongst many others in my residence. On my block there are also some houses. Specifically, next to our building there is a house who has their own driveway with more than sufficient parking, (parking is horrible some days). This specific house next door to our building also has a handicap spot in front of their house, which is further than their driveway mind you. Is it illegal or is there some way of getting the city to take down the spot as it can be used for at least 2 cars on our block? I know it's unused because I've literally never seen anyone there. I've heard rumors the only reason the elderly lady that owns it has it, is for people to not step on her grass. What are my chances of getting it down ? Do I need video to prove it is unused?

*so after looking here, https://www.cityofchicago.org/city/en/depts/fin/supp_info/revenue/parking_forms/residential_disabledparkingsigns.html
It states it has to be at least 16 ft away... Her driveway is way closer than the handicap spot in front of her house, by a lot.

Answer: If she's entitled to it she's entitled to it. Maybe she gets rides sometimes and they need to park there to pick her up.


Title: I have a misdemeanor criminal record for trespassing. Suddenly I've have been denied entry to New Zealand once and Canada 3 times because of it

Question:
I have been convicted of trespassing in Rhode Island, the state where I live. I didn't spend any time in jail (except for after I was arrested before I got bail) but I was sentenced to probation. My conviction was a misdemeanor. I completed my probation and after my probation ended I traveled to Canada at least 4 times with no issues. But suddenly now they are denying me entry at the border because of my record. I have tried 3 times at 3 different border crossings and they flat out told me it was because I have a record. I don't know why they have started denying me now after they let me in before. I was also planning a trip to New Zealand but I couldn't go because the New Zealand customs would not allow me to travel there because of my record. I traveled to New Zealand twice before I got convicted with no issues. Both countries know my charge was non-violent and was not related to drugs.

I called my PD from my trespassing case and all he could tell me was that enough time hasn't passed for my record to get expunged  and that I should stop trying to travel (especially to Canada) until I can get an expungement. Is there anything I can do about this? I have paid my debt to society, it wasn't a violent crime and I've never had so much as a parking ticket or been arrested or charged with anything else. I made a mistake. Can I appeal these denials or do anything about them now instead of waiting until I can get my record expunged? Thanks and much appreciation in advance.

Answer: Countries have the right to decide who they want in their land. Answer #2: You cannot appeal the Canadian denials. You have no right to enter the country. You need to wait the 10 year period (or however long you have left) before you attempt re-entry. Obtaining any subsequent convictions can result in a permanent ban to Canada. Any subsequent attempted re-entry knowing full well that you are inadmissible can get you banned for a longer period of time. Answer #3: You could hire an attorney in Canada who specializes in visas, immigration, etc., but there's not a whole lot else you can do.


Title: [Internet Law?]Linden Labs owner of Second Life has overcharged for a rental of land in the game for 9 years.

Question:
*Posting for a friend who is trying to get all the advice she can.
Linden Labs is based out of San Francisco, CA.
My Friend lives in Western Australia.
If you had an agreement to rent a parcel of virtual land prior to february 2007 the price to pay was 85$ per month. This was increased after to 95$ per month. It was increased again in 2010 to $125 per month but if you already had the old prices that is what you pay. This is confirmed through talking with a representative from Linden Labs and other people who have the same payment plans. My friend was recently going through her old records and found that she had been charged the increased price each time it went up. She rents 4 locations with the total extra she paid over $15000. The representative said they will look into the discrepancy but getting that to go anywhere is worse than pulling teeth in most cases. Is there anything she can do if they don't investigate it further? She knows she probably won't see that money back but would at least like to have the reduced rate fixed.
Topic:
Computer and Internet

Answer: does her contract, or the ads generally, specify that prices are grandfathered in?


Title: [New York] Service dog question

Question:
My psychiatrist recommended that I get a service dog. I am disabled and the dog will be performing tasks to mitigate my disability. The problem is I can't wait over a year and a half for one of the organizations so I'm going to have to hire a trainer and work with the dog to help train him/her. What legal rights will my service dog in training have?

[NYC]

Answer:
 Your dog dosent have any rights. You are the one with rights. New York state is a state that allows handlers to access a public and non pet friendly store with their service dog in training.

Edit to add: NAL and I have been a service dog handler in NY for 6 years.


Title: Somebody wants to pay me 2K$ to beat him up. Is it legal ? How much could I get in trouble ?

Question:
The title speaks for itself. I shit you not. Somebody that I know talked to him about some guy who was looking for someone to beat him up. I talked to him and it's some kind of fetishism I guess. I told him I wanted the money upfront and he said yes. I have our conservation to prove he was in consent.

How much could I get in trouble ? Is this even legal ?

Answer: It's a popular fetish. If you do any damage though, you could definitely be liable. I suppose you could hire a lawyer to draft a release of liability, but it's not going to give you 100% coverage for every little thing that could go wrong.


Title: Father in law has weeks maybe a month to live 800k in medical debt. And about 500k in assets how to preserve them legally?

Question:
This is taking place in Nevada, I was wondering what options we had, basically father in law is dying didnt believe in medical insurance and now over the last few months has amassed over 800k in medical debt. He has a 5 year old daught my sister in law who's mother cant take care of herself let alone a child. The will states that my wife is to obtain 70% of everything but we've decided to give an even split so her sister will have the opportunity to go to college get a car down payment on a house ...etc, but after all the creditors take their share nothing will be left for her or her sister and we were wondering if we transferred everything into my wifes name or a trust before her father died would we get in trouble or still have to pay off the debtors even though its out of his estate before he died?

Just some information: sister in laws mother is not married to the father and father has stated he doesnt want the childs mother to get anything he wants everything to go to his daughters,

Answer:
 For $500k it is worth consulting with an estate attorney but I can’t see any way out.

You can’t transfer the assets at this point as that would be seen as a fraudulent attempt to hid the assets from the creditors.

Basically he decided to self-insure and he lost the gamble. It doesn’t look like there will be anything left for either daughter unless there was life insurance or a 401k.Answer #2: Yes you need an attorney but it doesn't look good.Answer #3: As an alternative, you may try to negotiate with the hospitals about the bills. They typically price things at the insurance rate, but when it's not through insurance they will often negotiate down the final bill. I don't know if you'd be able to bring them down more than $300K, but given how much they mark up, it's not outside the realm of possibility.Answer #4: Anything transferred now is likely to be considered a fraudulent transfer and will be clawed back. As mentioned, this is real attorney time.


Title: My (not American) friend wants to divorce. She’s afraid he’d full get custody of their baby. She does not know how to proceed. Please help. (New York City)

Question:
So I am asking for advice in here because we’re not very familiar with the law in America. As I write this I am far far away from America.

My best friend is from Gambia if that matters. She went to New York City like two years ago, studied and got a job, then got married to a Gambian man and they now have a baby together.

They had their first fight when she was pregnant; it was only verbal until he pushed her.

The second problem is that her husband became very disrespectful towards her parents and just cannot bear them, he’s very impolite. Yet they never met face to face and only speak on the phone. If my perspective matters, I know her parents very well and spent a lot of time with them when they were in my country; they are really just regular, nice people.

Another thing is, he’s always complaining about the baby. He says that HER baby annoys him because he is “crying too much”. This is a man who is away for 2 or 3 weeks at a time for his job, and instead of coming back and being happy to find his son, to see him growing, to care for him, he just… complains. It seems like he’s not interested in parenting at all.

My friend stopped working since having the baby, and she’s technically raising him alone.
One time her sister put a photo of the baby as a profile picture on Whatsapp, and the husband called her and told her to delete that.

My friend wants a divorce; she only has her uncle in NY. Her husband has no family in the US.

She will not have a problem finding a job and raising her kid, and can stay at her uncle’s before finding a place to rent.

She is just really afraid he’d take the child from her, she says that she plans on finding an arrangement with him, she has no problem with him having the kid every time he comes to NY, which is every 2 or 3 weeks, and then she can be with her baby when he’s away for his job.

She’d like to consult a lawyer, for free if possible, but we don’t know which lawyer she can consult, for how much, and where.
What is the best that can happen in that situation? And what’s the worst? Sorry if my questions aren’t the right ones, we’re just… noobs in that area.

Any advice is welcome really, and sorry if my english is off, it's not my native language.

Answer:
 Based on what you've said here, it is highly unlikely that your friend's husband would get primary custody of his child. He travels for work, has no local support system and doesn't appear to even be interested in his child.

Courts prefer to have parents share physical and legal custody of a child. Physical custody = where the child lives. Legal custody = each parent's role in make significant life decisions on behalf of the child, such as religion, medical care and education.

An individual who travels 2-3 weeks at a time for work is unlikely to get shared physical custody but more likely get visitation, meaning he's able to see the child on a schedule or a certain amount of time each month/year.

Although courts say they are "gender blind" (in other words, the mother isn't automatically presumed to be the best caregiver for a child), the reality is that it takes a lot for a mother to NOT get at least shared if not full legal custody. For example, if the mother was a homeless drug abuser with mental issues and the father was sober, had a full time job and owned a home, the father might get primary physical custody, but there's no sign of that happening in the situation you described.Answer #2: Does the baby have a passport? He can't legally leave the country without one, so she might want to give important paperwork \(such as passport, birth certificate, Social Security Card, *any police reports about abuse*, etc\) to her uncle or someone trusted for safekeeping. Additionally, she should contact one of the services listed by biblioteqa ASAP


Title: [tx] drugged at bar - made home safe - should I do anything?

Question: [deleted]

Answer:
 > jack and coke, usually stop around 8 doubles so I am sober to drive home by the time the bar closes

Wait, what?


Title: Daughter 1.5 y.o. hurt by Teacher at Daycare

Question:
Today my son needed a lunch due to a food allergy, so at 11am I arrive to drop off his lunch and on the way home I received a call indicating the lady at the front desk thought I was there to pick up Iliana. I inquired as to why and she said her hand had been hurting her. She said she was going to check on her and call me back, but I told her to please work directly with my wife (she's the best at these things). I get a call around 12:45 to pick her up as 'they're unable to assess her arm before she breaks out into tears'.

I arrive at the daycare close to 1pm and meet with a manager not the director, and they tell me that the teacher is in the other room 'having a moment' as my daughter had approached her from behind while the teacher was sitting, placed her hands on her shoulders and the teacher grabbed her hands and leaned forward picking her up. This resulted in the teacher hearing a pop and my daughter immediately indicated discomfort and slight pain. Later the lead teacher reported my daughter not using her arm and being very sensitive to anyone touching it.

Fast forward to now, post ER visit, and we're home my daughter is fine acting like normal. The ER said it was most likely hand maids elbow from improperly picking up a child. The daycare said they would cover all medical bills, they're reported it to licensing, and are going to re-train staff on proper methods to play with a child.

I'm curious as to anything I should be aware of, as the ER doctor said once this happens she will be prone to this happening again in the future. Is there any documentation I need to do if this persists and becomes an issue in the future? I just want to make sure I'm doing everything possible to ensure she is okay in the future. Thank you to anyone who reads this, and I appreciate all feedback.

Answer:
 Save a copy of all bills and of all correspondence with the daycare—especially ones where they admit fault and state that they will pay.

Handmaids elbow is not an uncommon injury to see in toddlers and is both relatively benign and easy to avoid. Always pick the child up under the armpits and not by the hands and it is unlikely to happen again.


Title: California- tenant's rights to gated access

Question:
So I've lived in my townhome for a bit over 2 years. Back in November or December a controlled access gate was installed at the entrance to the complex by the new HOA.

About a week and a half ago they began enforcement of the controlled access and distributed remotes to the home owners. I am now unable to come and go as I please and must call security to let me into my own place.

I've asked numerous times for a remote.  As a tenant, I'm unable to get a remote from the HOA directly and no key codes are provided for manual entry. He made one attempt to drop it off with no notice of what time his wife would be by and is blaming us for not being home. I've been a nearly perfect tenant, am not late on my rent, yet have had nothing but issues out of this guy.

Is there any repercussion for a landlord who knew several months in advance about the gate not providing their tenant with means of accessing their property?  I've tried googling,but everything I'm coming up with is related to them not providing mailbox or front door keys.

Answer: Just be persistent with your landlord.  Offer to go to him.  Offer to pay for FedEx.  Be creative, focus on solving the problem.  Laws and courts are not the way to fix every issue.  They are certainly not the fastest, cheapest way.


Title: An employer attempted to withhold my paycheck until I informed them of the labor laws. They then denied doing so. I have the text messages.

Question: [deleted]

Answer: Don't make a mountain out of a mole hill. Give the uniform back, get your pay cheque and move on. And to actually answer your question, no. Why? Nothing has actually happened yet. And no you can't "hold then accountable" just because it was said. If he ACTUALLY withholds your paycheque, file a wage claim. Period and end of story.


Title: How do I retain guardianship / power of attorney over my autistic son?

Question: My son will be 18 in January.  He is fairly high functioning, but will not be able to make his own life decisions.  How do my wife and I make sure we retain control of these decisions? Can we do it ourselves or do we need an attorney?  We are in California if that matters.

Answer:
 My family had a similar situation in Georgia. High function autism wasn't enough in that case. Your case might be different, there's a lot of variation in autism. I'm more sympathetic to the kid getting some autonomy, personally. Guardianship is a much bigger step with far more implications than people seem to think.

Talk to a lawyer who specializes in disability issues. They are the only ones who would have the requisite skill to get this done.


Title: (CA) President of the company asked me to digitize his sex tape

Question:
Made a throw away for this.

My job includes taking old tapes and putting them on hard drives so you can access them on a computer.  The president of the company came into the room with a box full of his old tapes and asked if I could digitize them for him.  He made a really odd joke at the time saying "I hope there's not a sex tape in there, that would be weird."  The guy is strange so I shrugged it off and said sure and got started.

The first weird thing in there was his children naked taking a bath, and just general nakedness of his kids throughout the videos.  But it's his home videos so not really worth making a fuss about it.  Then I put in the next tape and it's the President eating out his wife and having sex.  I stopped right there and immediately texted my direct supervisor what happened and said I'm going to go talk to HR.  He thought I was pulling a prank on him at first, but has been on my side since I showed him.

My talk with HR didn't go well.  I said this feel like sexual harassment and asking me to copy and distribute child pornography using company time and property.  She said it's not because it happened only once and it obviously was an accident.  They are doing nothing about this and it feels completely wrong.  What do you think guys, I've contacted lawyers but there's a waiting period to hear back from them.  Thanks for reading!

Edit: Ok not child porn

Answer:
 There's nothing you describe about the tape of the children that indicates it's "pornography."  Nudity != pornography.

As for the sex tape, that was certainly inappropriate, but on its own, with no other harassment of a sexual nature from this individual, it is not enough to establish a hostile work environment.  Such harassment must be both severe and pervasive.  Even if this enough to be considered severe (which would require proof of intent), one time is not pervasive.

Talk to some lawyers to give yourself peace of mind, if you wish.Answer #2: A video of children playing in a bubble bath isn’t automatically considered child pornography, even if the children are naked.

The question is not “are they naked”, it’s if there is a “lewd or lascivious” exhibition of the genitals. This can happen if they’re placed in sexualized positions, the camera focuses on just the genitals; obviously if there’s any actual or simulated sexual activity; etc.

But a video of a bubble bath with a rubber ducky? That’s not child porn.

His own sex tape is certainly more problematic, and leans towards sexual harassment. But his reaction is important to. Did he seem apologetic/embarrassesed? Did he offer an explanation (mixed up tapes, whatever), or did he leer and ask if you enjoyed it?


Title: Woman touches man in sleep, they then have sex while he's semi-conscious, then she claims rape

Question: [deleted]

Answer: There's not much more anyone can tell you other than "get a lawyer *now*."


Title: Can she dictate who I have around my children?

Question:
My ex and I split about 2 months ago and we have 2 young children together. They’re 2 and almost 5, now she’s up in Massachusetts and I’m in Arizona. We’re currently set for a mediation hearing next month, but my question is can she dictate who I bring around our children? Per the petition filed by my lawyer it pertains to custody, and joint legal decision making. Her lawyer filed the exact same petition. No where in there does it read about me not being allowed to bring a girlfriend around the kids. I don’t want to overstep my blinds though.

tl;dr: can she decide who I bring around my kids?

Answer: The court may, and if you both want to be reasonable you should discuss and agree on some standards. I’m sure you both agree that bringing people into their lives who are shortly thereafter out of their lives is a bad idea. It’s common for couples to agree on a time period before which they don’t bring new girl/boyfriends around the kids.


Title: Fired in an Embarrassing Way: Is this Legal?

Question:
I was given a sheet of paper with all of my mistakes listed on it when I was fired from a serving job. This was at the end of my third shift. There were some inaccuracies. One, for example, was not showing up for training. I was never scheduled for training. Another was showing up late for work. I checked in with my manager that day to see if I could be late, and he said it was fine.

I was told to sign it by the manager, who also signed it.

He called in the bartender, head chef and waitress, gave them all the piece of paper, and read it aloud. With me sitting there. Then I was dismissed.

It was completely embarrassing. We work in a VERY small town, and this is definitely affecting my reputation. Plus, very demoralizing.

&#x200B;

Answer: Yes, likely legal.  If you sue for slander you would have to prove that it wasn't true.


Title: [Maryland] My fiancee is renting an apartment, I am supposed to move in after I get back into the country, any obligation to reveal this information when signing the lease?

Question: [deleted]

Answer: Yes, tell them about it beforehand. Virtually all landlords require adults living in the home to be named on the lease both for legal and insurance reasons, and as another poster noted, will consider it a serious breach of the lease to discover an adult not named on the lease. The reasons for doing this are multiple, but one of the most important is to ensure all the tenants are vetted and qualified to rent.


Title: Sold fake shoes and now paypal is making me pay return shipping to hong kong lol.

Question:
So I bought a pair of shoes off grailed that were “100% authentic and deadstock” and the shoes are 100% fake and are worn lol. We went through the dispute and now paypal has decided to return my money after i return the shoes. I just called them complaining that I should not pay the return shipping and they said it is the “same as me buying from a store in the mall and that I would have to pay return shipping to the store.” I told this idiot that it is completely different that a store is not sending me falsely advertised shit and that this kid knew he was selling me fake shit the whole time. I wrote out the most detailed response in my claim with pictures and videos and this kid wrote one sentence and they are still saying I need to pay return shipping.

Is there anything I can do to make him pay for this? Or can i send him bricks in a box or the shoes drawn all over. I can’t believe i’m about to have to pay 60$ to return these shoes all the way to this idiot in hong kong

Answer: The legal way to go about this is pay the shipping, and sue the seller in small claims court where you live, however you’re unlikely to be able to collect anything since he’s in another country.


Title: Likely to win the case by using PA Rule 519?

Question:
[deleted]
Topic:
Drug Possession

Answer:
 Can I just take a sec to be sure I follow correctly?

So, you admitted to police that you were smoking weed, then consented to a search which yielded contraband, later volunteered your contact info to police, and then *sought out* contact with police regarding this incident?

Dude.  I feel like you almost *want* to be in trouble. Like when you are sentenced to probation, are you going to ask for the maximum jail sentence instead?


Title: One of my roommates is probably going to get felony probation. Can my room be searched?

Question:
I live with two roomates and one of them might receive felony probation for some very stupid stuff he did. Not gonna lie I like to partake in the devil's lettuce and don't want cops searching my room and finding it because of my roommates probation. I live in Georgia and my name is on the lease if that makes any difference. Will my room and personal property be searched? If so, do I have any legal options to fight it?
Topic:
Searches and Seizures

Answer:
 Generally speaking, any area where the felon would be allowed access would be subject to search. You *might* not be subject to a search if your door was locked at all times and your roommate had no access.

Specifically speaking, do not have illegal substances.


Title: [VA] - Friend is a paralegal, to what degree should he shut up about his cases? (Privilege/Confidentiality/Ethics)

Question:
edit: I have no idea how to flair this so I went with 'Other Civil Matters', let me know if there's a better tag.

Hey all, long time reader posting from my throwaway. I've done some searching and this doesn't seem to be something that's been covered, at least not lately or as it fits my circumstance.

My buddy John started working at a small boutique firm (3 lawyers, 5-6 support staff) as a paralegal in Virginia recently and loves his work. I took a semester of con law in college (don't worry, I know I don't know shit about the law) and he knows I like hearing about weird cases so over a beer or two he'll launch into talking about work- as people do. John is not an attorney and also isn't an accredited paralegal (no idea what that means, if anything). This is a gig John got from another buddy of ours when Bill left to go to law school. John studied sports medicine in school and has worked in B2B sales gigs and stuff like that since we all graduated a long time ago. John kinda doesn't know what he wants from life and is doing 'whatever' while the rest of us are getting married and settling down and such. No judgment, just he doesn't have the best... judgment.

John will frequently go into pretty serious detail surrounding his firm's cases, and I know for a fact he doesn't change names or details to preserve anonymity because I recently got to read about one of the cases in the news- the name of a party involved caught my eye when casually scrolling a news site and the details fit perfectly with the things he told me. John has been a party to, with an attorney from the firm present, information the firm's clients have shared in confidence with John and the attorney which were subsequently relayed to me over beers. This is in a pretty public space and the bartender even once noted "Oh you work at X, Y, and Z? I used to know a girl who worked there, crazy coincidence!" - so people can hear him yapping. It's worth noting I work in a completely unrelated field, and there is zero crossover between our professional lives.

As I understand it, confidentiality is focused on ensuring the courts can't compel an attorney to testify against their client, for example, and that the speech between an attorney and their client is intended to ensure a successful defense or legal action can be mounted without fear of disclosing information that would be used to incriminate them or harm their claim. I also understand the governing agency over something like this is the VA Bar, this isn't a federal crime to break privilege. The parallel I'm drawing is to my own work- we have trade secrets and future expansion plans I'm privy to in meetings that I'd never go yapping off at a bar about, but it's mostly just bad form for me and maybe a violation of my employment contract: John's yapping is about ongoing legal proceedings with real people and their lives.

My questions:

1. To what degree should John be censoring himself? Feel free to be specific.
2. Does he not have a duty to his firm's clients to keep what he learns during a confidential conversation to himself and inside the firm?
3. Could John's huge mouth get him(?) or the attorneys at his firm in trouble with the Bar?
4. To what degree is my understanding of privilege correct? To what degree are paralegals instructed/taught to keep client information to themselves? Is there an onboarding process he just totally ignored?

I'm essentially hoping for a high-level understanding of how privilege works for subordinates of attorneys at a law firm and whether my buddy is an idiot endangering the firm he works for and it's clients, or if I'm playing armchair ethics lawyer (totally possible).

Thanks all!
Topic:
Other Civil Matters

Answer:
 1.  If he wants to keep his job, he should shut up entirely.  VA doesn't have specific ethical guidelines for paralegals, but it does tell attorneys in VA to hold their employees to ethical guidelines similar to those that bind attorneys.  In other words, he's can't be held accountable by anyone but his firm.  But his firm will fire him in a heartbeat if he's disclosing confidential information.

2.  Not quite.  His firm has a duty to do that.  If he breaches that duty, his firm could be held accountable.  If he knowingly violates that duty and gets his firm sued by a client, they could turn around and sue him over it, assuming he's been properly trained & briefed on confidentiality rules with clients

3.  Yes

4.  It's a little off.  He has no duty to protect publicly available facts.  Like the fact that his firm represents a client, or details of a case where are already public as a result of case filings.  Technically, he doesn't have a duty at all, the firm and his supervising attorneys do.  If he isn't properly trained, they could get in trouble with the state bar.  If he breaches confidentiality, they could have issues with a client and face a lawsuit, but he couldn't be sued or otherwise punished directly except as I outlined before.


Title: Apartment located above gym

Question:
I moved into a large apartment complex, roughly 200-300 apartments and on the first floor there is a commercial gym.  The weight lifters obviously love dropping weights and the vibrations rattle all the way through the floor. Do I have any rights to complain or file a noise violations before the designated quiet hours?

Property manager said that the gym had an engineer come buy to lay down a new floor in the gym to prevent future vibrations. That should occur in the next couple of weeks.

Please help! I want to sleep!

Answer: Well they probably aren't violating any local noise ordinances, and the complex is working on it. I am not sure who you'd complain to.


Title: Friend on probation for underage drinking posted a picture of them self holding a beer

Question: A friend of mine was arrested at the end of June 2016 for underage drinking in Ohio. She was placed in a diversionary program, and as long as she receives no citations and is not caught drinking for 4 months after the arrest the case will be dismissed. She is at a college party in Ohio and a picture of her holding a beer was posted on snapchat. Could she get in trouble if this was shown to her probation officer or the police department that arrested her?

Answer: Yes.  She doesn't sound too bright.


Title: Update: Temporary Injunction

Question:
Original post: https://www.reddit.com/r/legaladvice/comments/94gwcm/tn_custody_stb_ex_moved_kids_800_miles_away/

My wife was officially served this morning, and as expected she is not happy. I talked about it in the original post, about how absolutely in the dark I was about everything. I had no idea if she drove the kids or flew down to FL, if she currently has a job, or anything. I did find out that she enrolled our children into a school down there, she has a bank, and she has changed her mailing address.

Well, to no surprise she still ignores almost every text I send her. The injunction reads as follows, " if she does not return children voluntarily, upon service of this temporary injunction, that the police will assist".

My question is, there is no defined time line, so I am not sure of what is a reasonable amount of time. Also, how do the police get involved? Do my lawyer and I have to go back in front of the judge or will my lawyer have them stop by and tell her she needs to start heading home with the children. I haven't seen my children in over 3 weeks, and I guess I am just wondering when I actually am going to see them (if my wife even lets me after this).

Answer: It seems you might give her a few days after receipt of the order before calling the cops to get your kids. A courtesy call, to inform them of the order and that uou may request their help in a few days if the kids are not returned, would likely be appriciated.


Title: Bought a house, old owner's grandson just can't let go.

Question:
I'm hoping you guys can offer some advice, or at least tell me if there is nothing to worry about.

I bought a house (in Michigan, USA) from an elderly couple almost two years ago. During the closing process, the grandson tried to stop the deap by going to the realtor and accusing him of under estimating the value of the house and cheating his grandparents. The couple still wanted to sell, thought it was a fair deal, and we closed.

Fast forward a few months, and I am still constantly getting this guy's mail. I put it back in the box with "return to sender" notes, no big deal.

Then last fall (about 15 months after closing) he gets totally smashed and forgets he doesn't live here anymore, crashes his car into my ditch and totals it. I stayed inside, called the cops and they took him away and charged him with DUI. About a month after that, I get a letter from the disctrict court addressed to him, and I can read through the envelope (I did NOT open any of his mail, I could read a few sentences through the envelope) that its about his probation for DUI, I call the court and tell them that if he gave them this address, he lied because I own the house now.

A few months before the crash my screen door had been ripped off the locking part, and now I wonder if it was him forgetting he doesn't live here (but I have no proof, it's just a theory).

Just this week I got a rejection letter for him from Direct TV, he had applied with my address.

Should I be worried about all this? Should I talk to a lawyer or the police, or would they think I'm crazy? I'm not really sure where to start, any advice eould be appreciated.

TL;DR: I bought a house and one of the old tenents has forgotten he doesn't live here at least once and keeps giving people/businesses this address.

Edit 1: Added location and disclaimer that I have not opened any of his mail (already getting accused of that). I could read a few sentences of each letter through the envelope.

Edit 2: Thanks everyone for all the comments and advice. I'm going to invest in some security cameras and go from there. That way if anything happens again, I'll have solid proof.

Answer:
 > Just this week I got a rejection letter for him from Direct TV,

How bad does his credit have to be to get rejected by Direct TV?Answer #2: Look for a used trail camera, used mainly by hunters. Motion activated, it's stills, but records in the dark too. Saves to removable media. You could mount it discreetly.Answer #3: In addition to other advice here,  I'd recommend photographing all of the mail that you get in with his name at your address.  Bills,  legal notifications,  and any junkmail / catalogs that it looks like he gets because he used the address to sign up for something.

(And,  of course I'm only talking about photographing the envelope,  not the contents)

Time-stamped photos would be helpful.

Never know when that kind of evidence might come in handy... Answer #4: If he is still on probation, you may be able to get a prohibition from coming to the property added as a condition of his probation. Call the prosecutor's office, let them know you are the victim in a crime and ask to speak to the prosecutor who prosecuted his DUI. Source: I am a DUI Defense Attorney.Answer #5: He sounds mentally unsound. Seriously who repeatedly "forgets" where they live.  For years?Answer #6: the person who has influence over him is the probation officer.
if his mother is living, that might also be an option.
always look for where the power is, who does x have to answer to?
that lets you negotiate from strength.Answer #7: You did rekey everything right? Changed the key code to the garage door?


Title: I just want to protect my family

Question:
First off, I’m 17. I realize that may complicate things but I digress. My sister is pregnant, due in April. She’s 24, and the father of the child brutally assaulted her and beat her against a wall a few months ago. She is convinced it’s her fault and has now decided he will continue to be in the child’s life. Her baby shower is tomorrow and he will be there. I know there are drugs being trafficked through his residence, and I don’t believe it will be a healthy environment for that child to grow up in. What can I do legally to protect the baby?
Topic:
Custody Divorce and Family

Answer: Alert CPS to the situation.Answer #2: If you have personal knowledge of drugs and domestic assault, notify both CPS and the police. Answer #3: Send an anonymous tip to CPS, since you don't want to ruin your relationship with your sister, it's important she has relatives willing to help her when she needs it the most.


Title: Can a school confiscate a MacBook that was provided to a student by said school, if the student didn’t do anything on the MacBook that violates the agreement that the student signed at beginning of the school year.

Question: I’m not gonna get into detail, and I’m assuming everything the school so doing is legal, but if I did something on my MacBook that they didn’t like, can they confiscate the computer for an extended period of time, even if I didn’t violate anything regarding the agreement, or break any school rules by doing the thing? The computer was provided to be by the school, so I’m gonna go out in a limb and say “yes” but I’m not sure.

Answer:
 It’s their property that they loan you.Answer #2: It belongs to them. Of course they can.Answer #3: Can you be compelled to return property that doesn't belong to you, especially in cases where you've apparently misused that property?

Of course.


Title: My company wants to hire more non-white employees to make us more diverse, and I'm worried that this is illegal.

Question:
Hey everyone,

I'll keep this short and sweet as I really need some input. Long story short, I work at a small company. Almost everyone that works there is white, but I can say that literally everyone in my company is extremely liberal, and I live in an extremely liberal cosmopolitan city, so this is truly just random and was not done intentionally. I know everyone that does hiring here personally.

The problem is that, yesterday, a group message was sent out to everyone asking how we can get more diverse candidates working for us. A co-worker asked what they meant by diverse, and we were told explicitly that they wanted more racial diversity, because the company was almost all white.

I'm almost 100% sure that it's technically illegal to evaluate job applicants / hire based on race. Is this true? I don't see how this could not technically count as discrimination.

Honestly, I have a moral problem with this, and I'm also a little concerned at the way in which some people would just say "Yeah we're trying to hire more non-white people" so openly. Is this illegal? Can I prove that it's illegal (I mostly just found articles online saying "Yeah, probably")? What's the precedence for this?

Thanks a lot for your time.

Edit: I live in New York City.

Edit 2: Thanks for everyone's input. Kind of disappointing people felt the need to call me racist and downvote me, I sincerely expected better from this sub.

Answer: Gee you think maybe a location would be helpful?


Title: Mother signed a statutory declaration that money was a gift, but now wants it paid back.

Question:
Asking advice for a friend. Located in Australia.
Her mother put in money to help her buy a small business.
A statutory declaration was signed to say the money was a gift because you can't use 'Loan' money as your deposit for a mortgage.
My understanding is that the daughter intended on paying the money back slowly as it was always intended as a loan and not a gift.
Her mother has now decided she wants the money paid back as a lump sum immediately or she will take her daughter to court.

If my friend begins to pay the money back and the matter ends up in court will she be in trouble that the stat dec is lying?
Will her mother be able to take the matter to court at all?

Topic:
Non-US

Answer:
 Making an a fake statutory declaration can land you in prison for up to 4 years.Answer #2: If I was your friend I wouldn’t pay it back. It would be an admission that she was fraudulent when getting her morgatage. Her mother can take her to court. (And most states $10,000 is the limit for small courts) If she gets served she must respond. Answer #3: Her mother is free to want money. Your friend is under no obligation to give it to her.Answer #4: > Her mother has now decided she wants the money paid back as a lump sum immediately or she will take her daughter to court.

LOL... good luck with that.  The daughter has a signed statement that the money was a gift.  If the two of them intended it to be otherwise then they both committed fraud, and neither should want to be anywhere near a courtroom.Answer #5: I think the bigger issue is your friend submitted a fraudulent form when applying for her mortgage.Answer #6: This is enormously common. People starting a new business need a certain amount of capital to get their business loan and need a stat dec as evidence for that.

The mother COULD get a court to force your friend to turn the money over by only if your friend admits it was a loan. Her mother will then face her own criminal charges. However the judge is likely to enforce the original repayment agreement, not order a lump sum.

These sorts of deals almost always end badly. Advice for the future, save your own cash or ensure that it is indeed a gift.


Title: My friend, a deployed US soldier, has had his identity stolen.

Question:
(United States, Pennsylvania)
The identity thief is asking for money and items to be sent to him using my friend's name. And who knows what else. My friend posted this: "When a journalist from Bangladesh informs you that someone is using your information you know it's bad.. At this point I am pissed, i dont know what to do and it's getting beyond creepy. They are now using my family photos.. Do I have any options I can even take, legally?"

Advice? Thanks in advance <3

Answer:
 Have him talk to JA, they can give him legal advice or put him in contact with the right guys. He could potentially even get the gov to fund it if he was involved in the OPM breach.

If he doesn't know who JA is tell him to see his First Seargeant.


Title: Car was trashed like a robbery - found note from security company saying they were basically just teaching us a lesson.

Question:
So when we got to our car this morning and it was trashed. Everything in the glove compartment (which was quite a lot of paperwork) was strewn all across the inside of the car, and anything that had been tucked away anywhere was thrown all around. They even found my boyfriend's old wallet with a bunch of old business cards and emptied it and tossed its contents everywhere.

When we first looked inside we were like "oh shit we got robbed", but we quickly found [this](http://imgur.com/5vVcuQF) note attached to our windshield. It was absolutely infuriating. I cannot imagine that this is legal. I get if they saw that it was unlocked and put a note saying "hey, don't do that" but why the FUCK would you think it necessary to trash my car?? And where it says one of the reasons they broke in was that it was parked in a dark area, we have a small private lot behind our apartment building that we park in... what the hell am I supposed to do about that?

I'm kind of wondering if they were just using this as an excuse to look for drugs or something. Also, I know we should lock our car, and sometimes we do, but I would much rather someone open the door than bust a window ya know? So my question is is this legal? And if not, is there anything I can do about this?

Answer: Do you know for certain that the person who left you a note and the person who trashed the car are the same?  It may be that the security company found your car with the doors open AFTER someone else rifled it, and left you a note.  Either way, it doesn't necessarily effect the legality of their entry into your car, but you may be getting worked up at the wrong person.


Title: Tapped someone's mirror with my hand on my motorcycle on accident, now I'm being looked at for a hit and run. 22 female who doesn't really know her rights in this case! WHAT DO I DO?!

Question: [deleted]

Answer:
 > ell last night while I wasn't home an officer came to my house and then called my dad saying I was involved in a hit and run!

That is correct, you were.  You hit someone and ignored it; when notified, you ran.  You made no effort to report the incident, at all, or exchange information.  Your "fear" argument only starts after you ignored hitting him and then trying to leave without pulling over.

You are not required to talk to the police or the other party.  The less cooperative you are, though, the more likely you will be charged.  Answer #2: > I looked at the mirror and there was no damage

that's not up to you to determine. you shouold have exchanged info or called 911 if you had feared for safetyAnswer #3: Since no one her has actually answered your question, your best bet for advice is to call your motorcycle insurance company and advise them of the situation. They can give you advice and help. Or you can just talk to lawyer in person. Hit up avvo.com or call your local bar association for a referral. Answer #4: You did preform a hit and run. Even if he may have done something, you don't have a leg to stand on with the fear thing unless you have a witness saying they saw him act aggressively. Even then, you should have still given him info or called the cops. You can't just drive away from stuff like that


Title: Changing locks without notice

Question: [deleted]

Answer: You can call the police again and request a police escort but if that doesn't work you will need to sue your mom.


Title: Woah woah woah. 22 years ago I received an SIS in Missouri. The specifics of the case used to be closed (successful completion of probation) yet now it is publicly available?!

Question:
So I received an SIS when I was young and I successfully completed probation. For the longest time no one was able to see the details (specific charges) of the case. Every couple of years I check and now I see that these supposed closed records are now open (viewable on casenet)! WTF! Section 610.120.1 says that these records are to be confidential yet they're not. I would like to know if this is a mistake that needs to be addressed and removed or if the law has recently changed in Missouri to allow for this 20+ year old record to all of a sudden become public.

Thanks for your input in advance...
Topic:
Criminal Law

Answer:
 > I would like to know if this is a mistake that needs to be addressed and removed or if the law has recently changed in Missouri to allow for this 20+ year old record to all of a sudden become public.

the law wouldn't retroactively apply.  so it's not that.  It might be that something else happened.

and from reading the section you referenced to, the charges are still there just inaccessible.  It makes it appear that the charges are not dropped, expunged, or destroyed.  Closed just means inaccessible to the public.  If it is showing up on a public site, you can attempt to contact the people at casenet and ask them to take it down pursuant to Section 610.120.1.


Title: (MD) Car got hit in parking lot and person left number on windshield, but is no longer answering my calls after learning the price to repair.

Question:
About 3 weeks ago, somebody hit my car in a parking lot while I was working my job as a camp counselor. There was not any body damage to my rear bumper, but it did leave some chipped paint and a few scratches. My car had just been in the body shop less than a week ago because I had been rear ended and had my bumper replaced, so there were no scratches on it at all. The person who hit my car left a note on the windshield saying to "Please call [Their number]"
As it turns out, they were the parent of one of the kids that I was responsible for that week and they said that they were willing to pay out of pocket for the repair/repainting, but that they wanted to see a receipt for whatever work I had done.
Now I really messed up here because I did not try to get their insurance information because they said they would pay out of pocket. Regardless, I took it to an auto body shop where they gave me an estimate of $475 to remove the bumper, sand around where the paint was scratched, and to repaint it. Since getting this repair done, the person who hit me has not answered any of my calls; I have left several voice messages with my phone number hoping they would call me back to no avail.
I did a bit of digging on the number via google and found out it was a mobile number and the person's full name/carrier info of the phone, but I am unsure of where to go from here. I've tried contacting the camp to see if they were able to give me any information that would help me to contact the person at-fault, but they were not willing to help as of two days ago. My parents are suggesting to give her information to the police and have them track her down, but I feel this is too extreme a response. However, if it is the only way I am going to get the money to repair my car I will do it.
Any advice on my next steps would be greatly appreciated!

Answer: File a claim with your insurance. If they won't take it, you can take him to small claims court for the cost of the repair.


Title: My mom is being threatened to be kicked out of a home she thought she owned with her sister and has been making payments on for the last 15 years

Question:
**[CA] This is my first post. I know nothing about finance or the legalities of home owning. Please let me know what other info I should provide so that my question can be better answered. This is actually happening to my boyfriend's mother but I will post from his perspective for the sake of convenience.**

15 years ago my mom, my two brothers and myself moved into a 4 bedroom home with my aunt and uncle and my three cousins. My mom, aunt and uncle went in together on the down payment. My aunt and uncle paid a larger portion, my mom paid about half of what they did and the rest was paid for with money gifted to them by their sister. From that point on my mom split the mortgage payments with my aunt and uncle 50/50 despite the fact that my mom was a single mother supporting three kids. Although, I believe my aunt and uncle's are the only names on the deed, they had a long standing agreement that they owned the house together.

My uncle passed away this August and my brother and I moved back in a few months before to help out (my eldest brother has lived in the house for the last 5 years after an accident immobilized him). My three cousins all have families of their own now and live elsewhere. My two brothers and I both help my mom make her half of the payments and my eldest brother pays all utilities and bills for the entire house.

Since my uncle passed away my aunt has tried to make changes to the agreement. She now claims that they never agreed to own the house between the three of them and that any payments my mom made were rent paid to her- the landlord. She claims that because my mom paid less for the down payment it is irrelevant what she payed ( but they wouldn't have been able to buy the house if my mom hadn't contributed all her life savings up to that point!). She has demanded that my brothers and I begin paying our "rent" to her so that it will no longer go towards my moms payments. She has insisted that my mom begin paying more of the mortgage even though she is already paying half. My uncle was always fair and made sure to show my mom the statements every month so that she could see that payments were being divided equally in half. Now my aunt refuses to let my mom see any statements or paperwork on the house. She has become increasingly volatile and often yells at my mom and accuses her, my brothers, and I of stealing her jewelry, clothes, toilet paper, potatoes and anything else that pops into her head. She has spoken with my cousins (who no longer live in our home) and told them that we are stealing as well. Our cousins are all in agreement that my brothers and I need to pay rent to my aunt because we are living at home after college ( although, when the three of them moved back in for years after college, and brought friends to live there as well, they did not pay a dime and neither did their friends). My aunt has declared that if we don't do as she demands then she will sell the house and my mom won't see a dime.

My mom has been putting all her money into this house for the last 15 years, working 2-3 jobs and raising three boys, because she believed this is where she would retire with her sister, brother-in-law, and children. What options does she have? How can she remain living in the house without aquiescing to my aunts demands?

Answer:
 Note that if your mom's payments all these years have actually been for rent, then the aunt will owe a snot full of money to the IRS for back taxes on the rent.  Sounds like your mom has some leverage. Answer #2: The house belongs to whomever's name is on the deed of the house (and the bank if there's still a mortgage). If your mother wasn't on the deed and never went through the process of applying for a mortgage and signing the papers at closing, she is not a part owner of the house. She is your aunt's tenant. It was foolish of her to think otherwise. Answer #3: Does your mother have any documentation demonstrating the down payment she made?  Anything in writing from your uncle about the house?

I am not a lawyer, but in your mother's position I'd use that documentation to start researching her rights.  If the money your mother initially gave was not really her portion of a down payment, then wouldn't your aunt owe her that money?

Have you had a look at your uncle's will?

Again, not a lawyer here, but someone who thinks this is worth fighting for.