Title: Another company is using our symbol by adding a couple letters and they are claiming copyright. How is this possible? AZ/FL

Question:
Making a very long story short, my company was owned by two owners who disagreed about the direction for the company. After a split earlier this year, the ex-owner that split away is now setting up fake websites and using our NEW company information and symbols to fool our customers into believing that they are speaking with/viewing our website. Additionally he is claiming copyright on the name he is using (2 letters added to the name) and the symbol. (both of which were designed by my graphic designer) My question is simple, Why was my current owner told by his lawyer that he had no legal recourse for this action. As in he was told by his attorney that he could not sue for copyright infringement or anything else cause they added the two letters. (think adding LO to NIKE and using their swoosh symbol.)

EDIT: Thank you for your information and suggestions. I'm thinking that we need to look into another attorney as what he has been telling us doesn't seem to coincide with the information we are finding elsewhere. I'm gonna suggest the owner gets another opinion and hopefully can get their fake stuff taken down.

Answer:
 You are confusing copyright and trademark law.  Most of your concern here is about trademark.  If company A has a trademark, like a logo or a company name, and company B starts using a similar mark, in the same line of business and in a manner that will confuse potential customers, then that's trademark infringement, and company A can sue company B and obtain injunctions to stop the infringement.  Company A doesn't have to have registered the trademark with the federal or state government, though it can help your case if you did.  If not, it's a common law trademark and you proceed anyway.

If I owned your company, and if I thought this was costing me money, then I would find a trademark attorney to get a second opinion, because the ex-owner is apparently doing exactly what trademark law is supposed to prevent.


Title: Being sued by boss. Scheduled to work on the court date. Boss says show up for work or be fired.

Question:
For LocationBot: This case is happening in New Jersey. This hasn't happened to me, but I saw it being discussed in this post:

https://www.reddit.com/r/legaladvice/comments/3jom5r/my_boss_is_suing_me_in_small_claims_court_because/

In her case the manager is on her side and says he won't schedule her to work that day, and if the owner tells him put her on the schedule then he (the manager) will cover her shift. But what would happen if this wasn't the case and the owner scheduled her on the day the lawsuit was in court and then told her if she didn't show up for work she would be fired? Could he legally get in trouble for that or would she have to choose between missing court or getting fired?

Answer:
 You can't not show to court or it's a default judgement. The person can call the clerk of the court and request a date change.

And they should get their resume in order because they won't be employed there for long no matter what happens.Answer #2: The boss could just fire you.

But if the boss doesn't fire you but prevents you from coming to the hearing by threatening to fire you, it's *possible* that this would be grounds to have the boss's case dismissed for abuse of process.


Title: I think my mother's employer is ripping her off.

Question:
My mother works as a CNA in FL. taking care of elderly patients in their homes. She just informed me that her employer not only does not pay overtime, but they don't pay more than 40 hrs in a work week. When she does work more than 40 hrs in a week, they take the additional hours and tack them on to the next week. This makes it so that she has an ever increasing stockpile of hours worked that roll over from week to week.

The only exception I can see in the FLSA that could apply to her to exempt her from overtime pay requirements would be "Casual babysitters and persons employed as companions to the elderly or infirm". But even then I would think that they would be forced to pay her for the time worked within that same pay period.

My first instinct is to tell her to call the labor dept, but I was hoping someone here could either confirm this for me or point out how this practice is legal. Any help would be appreciated.

Answer:
 As of January 1, 2015, companies must pay CNAs hourly (at least minimum wage) and overtime wages. See [here](http://www.dol.gov/whd/homecare/agencies-what-are-requirements.htm).

Your mom should call the labor department to figure out if her current pay structure is legal, as that's probably the only way she'll be able to figure it out for sure, but she should be aware that such a structure will definitely be illegal in 2 weeks.


Title: Housemates won't let me move out.

Question:
I currently live with two other tenants, P and E. P is our main point of contact with our landlord who is just a regular homeowner (aka not an apartment complex or anything--we rent his second home). Due to this, I have never met the owner or even seen him. Anyway, when I moved in back in October, I signed a lease (one that seemed like it was just printed from online) which states that no subleasing is allowed. I didn't really read the lease (my biggest mistake) because I knew E prior (coworkers/friend) and he had told me the situation they were in with their last tenant moving out on short notice and they were desperate for someone as they were paying for the empty room on top of their own rent. When P gave me the lease to sign, she just said "oh don't worry about it, they just want something on paper."

&#x200B;

About two months later,  I started looking for other jobs due to my current job not paying enough for my to save any earnings after paying rent + utilities + basic necessities. I told my housemates about the possibility of me having to relocate for a new job and having to move out earlier than the year-long lease. I said that if that is the case, I would find a new tenant to move in and take my spot and make sure that no rent is left unpaid. E simply stated no because I signed a year-long lease and that I would have to pay no matter what, without a sublease while P seemed to be okay with it.

&#x200B;

Now it's March and I got a new job offer in an area that is 2.5 hours away that would pay me double what I currently make. I technically still have until the end of September before my lease ends. I brought this up to my housemates as soon as I got my offer and both of them are strongly against it. They won't listen to me and just repeat over and over "sucks, you signed a lease so you're stuck."

&#x200B;

My first course of action will be to talk to my landlord. I originally thought to talk to my housemates first, but at this point, I see no point. So now I have a couple of questions. I plan on asking for a copy of the lease obviously and with some quick internet searches, I believe landlords have a duty to "mitigate damages." Can my housemates stop me from leaving if I find another tenant willing to take over my lease? Would this still be considered "subleasing?" Is there anything else I could/should do?

Answer: They can't stop you from moving out, but they could sue you for rent. Have you considered offering them a buy out?


Title: Bought a Certified Pre-Owned car. Was not certified.

Question:
Hi legal advice! I’m in TX

So back last year (2017), I purchased a 2015 Ford Focus SE as a certified pre-owned car. I specifically was looking for a CPO because of the warranty that comes with the car. It was a graduation gift from my mom and step dad, they wanted to make sure as I started my adult life I had a reliable car to use.

I went to many dealerships, choose the car, and purchased it that day. It was a cash purchase, no financing. I signed all the paperwork and got the documents saying it was a CPO car. I drove it home, no problem. Yay, new car smell! Now I don’t live in the city where the dealership was, so I drove it home to my apartment residence in a different city. A few days later I received a call that the original paperwork I signed had the incorrect car VIN than the car I now possessed. So the dealership sends the correct paperwork with the correct VIN, I sign, send it back. No new CPO paperwork was needed as it had the correct VIN. It was received and everything seemed alright. I was able to get my license plates, my registration is correct with my cars information.

However to the current problem, I’m trying to get an issue fixed on my car (the issue is for another subreddit) and the dealership in my city says my car is not showing up as a CPO which would cost me more. So I call the dealership I bought the car from and it turns out, when I sent back the corrected paperwork, the dealership never went through with the final step of the CPO processing. Effectively making my car a used car purchase even though I paid more expecting the 7-year 100,000 mile powertrain warranty. The dealership now says it is past the deadline for my car to be certified.

My questions are 1. What are my next steps? I’ve talked with my step dad and he thinks that the dealership should either offer me a comparable warranty (4 years starting today and 60,000 miles which would match the original CPO) or to do an even trade for a different car that is actually a CPO.

2. There’s nothing more that I could’ve done correct? This is 100% on the dealership right?

3. Can they refuse to cooperate?

I’m calling the dealership back in a few minutes where they will tell me what they will do to remedy this (I’m really not hopeful), but I wanted to cover my bases.

Thanks!
Topic:
Contracts

Answer:
 Similar situation - I found in the final paperwork that the dealer tried to reneg on CPO on a purchase.  I had screenshots of the ad, the webpage and the email citing CPO.

I went straight to Toyota corporate and filed a complaint against the dealer, which got the dealer's attention pretty quickly...some quick turnover in personnel and the new Used Car Sales Manager was happy to make things correct.

Take it to corporate.Answer #2: Just to clarify, when you say "No new CPO paperwork was needed as it had the correct VIN," that means you have something in writing that says that this particular VIN is part of the CPO program? IANAL, but I would expect this document to be the crux of the issue. Also, I would think that you should be talking to Ford directly about this issue, as I believe they're the ones who will pay (or not) any warranty claim.


Title: [IL] My house was robbed but the robber dropped his phone when he caught him. What do I do?

Question:
So I wake up to my door creaking and kinda just meander my head. I see a figure in my bedroom doorway. I start to lift my head up and realize it's definitely a person I don't know. I jump up and the guy scurries out of my house. I notice he dropped his phone on his departure and it's unlocked.

All that seems to be missing so far is my wallet, which contained 3 credit cards (working on canceling), about 100 bucks in cash, all my IDs, insurance cards, gift card, work keycard, etc.

Answer: Have you... Called the police?


Title: If you wear a necklace that says do not revive are medical teams allowed to revive you.

Question: Say you overdose or get hit by a car or choke are thay allowed to let you die.

Answer: In emergency situations like those you propose, yes.  EMT's will ignore a DNR and do their job.  If you're still not responsive when you reach the hospital, then the doctors might follow a DNR, but probably only the actual papers, not jewelry.


Title: (OR) Need some advice regarding how to handle wife's recent mental health crisis (Update)

Question:
[Original post](http://www.reddit.com/r/legaladvice/comments/38e3nn/need_some_advice_regarding_how_to_handle_wifes/)

So here's an update on what ended up happening since my last post. They kept her for two nights at the psych ward, but ended up releasing her, because they didn't deem her to be a threat to herself or anyone else. She also didn't sleep at all while she was there. Within about four hours of her getting home, however, she impulsively hopped a plane back to the East coast to be with family. She stayed with her mother, which was probably counter productive, since her mother has a history of being manipulative and emotionally abusive. While she was home, her mother became the focal point of her delusions. She became convinced that her mom was a serial killer, and texted me nightly asking if she should call 911.
Anyways, she's back now, and she hates me again. She wants me out of her life. She's already given thirty days notice at our apartment, and is still refusing to get treatment. I've informed her family that there's nothing more that I can do, and now I'm ready (sort of) to sever all ties and split off financially. First order of business will likely to file for a legal separation. However, I have a few questions:

1) How easy will it be to get her name off of the title on my car? She didn't cosign or anything, this car was mine when we moved out West together, my father was a cosigner, and I paid for it myself. It was completely put into my name before we moved out here, and about a year or so ago, we registered it in both of our names. If that matters.

2) Do I have any chance of getting an annulment on grounds of mental illness? The main symptoms of her illness became undeniable about a month and a half ago, but in hindsight, I'd say that this has been going on much longer, easily more than a year. We got married in September, so I won't be liable for much of her debt (her $10,000 in credit card debt, or her student loans, for example, were both racked up before we married), but I may get stuck with her medical bills (of which there will be plenty from the last month and a half). It would be easier if I could just wipe the marriage out of existence, and I may be able to prove that she was mentally incompetent at the time we got hitched. However, what does it take to get an annulment on grounds of mental illness? Keep in mind that she's unwilling to admit that she has a mental illness, and she hasn't been formally diagnosed with anything. Could a court subpoena her, and order to undergo a psychiatric evaluation? Or am I wasting my time? Would I be opening up a can of worms going this route? Am I better off just filing for a legal separation and going from there? Keep in mind, there's not much as far as assets are concerned, to divy up, and we have no children.

3) She's refusing to pay her medical bills, as she thinks they are 'fake'. She doesn't even think that the doctors who examined her during her multiple ER visits were real doctors, it's all part of the delusion. If and when these bills go to collections, they'll come after me, right? Is there anything I can do to protect myself, or will I pretty much be stuck paying her neglected bills?

I've got more questions, I'll post them as I think of them.

Thanks.

EDIT: Well hello location bot. I'm in Portland, OR, hence the '(OR)' tag in my title.

Answer:
 You need to call 911 and have her involuntarily committed and let them know everything that has happened.

She's on some kind of manic rage and needs some help.

>1) How easy will it be to get her name off of the title on my car? She didn't cosign or anything, this car was mine when we moved out West together, my father was a cosigner, and I paid for it myself. It was completely put into my name before we moved out here, and about a year or so ago, we registered it in both of our names. If that matters.

She's probably not in a mental state to sign.

Your wife needs some serious medical attention.

Locationbot doesn't recognize OR because people say should I do this OR that.

Should you annul your marriage OR find her mental health options? I would hope you would be calling a crisis center at the moment and not be posting on reddit to worry about your car.

She needs help. Serious help. No joke help. Like... she is in la-la-land help.

Do you want some places to call? Or can your google mental health crisis options in Portland?


Title: Had a gun pulled on me and my life threatened for being forced into helping the police. ... how did this happen?

Question: [deleted]

Answer:
 Talk to the police immediately. Also talk to a lawyer, as you had an illegal search performed on your phone. Answer #2: Internal Affairs, and DA's office. Tell them you were threatened by police retaliation if you refused to inform, tell them you were illegally searched, and that after all this done by police you were targeted by criminals *because* of it.

If they're going that hard on you then they're going after someone big and will likely keep pressuring you if they think you're a lead. Going to DA and IA to report this is the best you can do short of talking to and getting a lawyer on your own, still GO TALK TO ONE. They might take the case on a deferment if they think there's money in it they can win. You never know.


Title: If I call a tow truck pretending to be our landlord and have my neighbors car towed, what crime have I committed?

Answer: That would be fraud and potentially identity theft, depending on the area.


Title: Wrongful Termination Advice

Question:
This is in Montana.

I was the VP of Finance for a company and was recently terminated with cause. 2 years ago the VP of sales was demoted due to becoming pregnant, she continued to work there until her maternity leave and then filed a discrimination lawsuit against the company. The VP of Sales reached out to me via text message in March of 2017 letting me know that she would like to list me as a character witness on her behalf. I declined and stated that I understand her side but I have my family to think about and can't afford to lose my job. She responded that it would be retaliation if I was to be terminated and I made the comment that we have both worked there and know how these things play out and that I would be terminated.

Fast forward to a few weeks ago and I was called into a meeting with the President, Owner and Chief Operating Officer to discuss this text message (the VP of Sales lawsuit was settled through mediation) They asked me about the text message and I obviously didn't deny sending it. The owner was upset because of the retaliation comment and stated they don't trust me anymore. I haven't been written up for about 10 years and they stated they can't fire me. They asked me to draft a proposal to try and overcome the trust issues. I left the office for the day and was terminated from home. I was given a separation agreement with a severance package of 6 months. I have worked for the company for 20 years. I have consulted attorney's and have a strong case. I don't want to drag my family through any legal battle. I've witnessed these in the dealings I've had with this company and it's exhaustive. I would like to negotiate a better severance package and am looking for advice on how to proceed with that. I'm assuming if I do negotiate a package that I can't turn them over to the labor board or file a grievance which is attached with the package I received.

Answer: If several attorneys think you have a strong case hire one to mediate like the previous employer did


Title: Can I Drive Friends While Golfing?

Question: It's my first year of being licensed, meaning (at least in California?) that I cannot drive anyone under 20. Does that apply if we were to be golfing and use a golf cart?

Answer:
 You cannot drive anyone else in a motor vehicle on a public roadway. A golf cart on a private course meets neither of those requirements.

As long as the course lets you check out a cart, you'll be ok. Just don't drink and take the cart near a public road or anything connected to one (like a parking lot). Answer #2: Depends on the course policy. Your drivers license doesn't matter.


Title: Do you think I’m looking at jail time?

Question: My license got suspended and I was driving home from work with a suspended license when I was pulled over. I was told to get out of the car and one of the officers began searching asking me where I would have drugs. I didn’t have any. He said he didn’t need my permission to search the car since I have a suspended license. After cuffing me and putting me in their car he flipped me car upside down and found no drugs. He found a knife in my car and charged me with crim possession of a weapon in the fourth, a class a misdemeanor and also aggravated unlicensed operator. I already have a court date from the next town over for another aggravated unlicensed operator and am technically ROR’d right now. The only reason my license if suspended is because I couldn’t afford to keep up with fines from minor traffic offenses that now keep adding up and getting worse and more expensive when I already can’t afford this.

Answer:
 First thing - cops can and do lie to people.  Didn't need a warrant to search your car?  Your lawyer and the judge may have different opinions about that and if the judge agrees that the cop conducted an illegal search then evidence of the knife will get tossed.

Second - dude?!?  Stop doing that!  It doesn't matter why your license is suspended.  Without a valid license you're not allowed to drive, *at all*.  If your dad is willing to pay for a lawyer he might be willing to help you pay your fines and avoid the cost of lawyers, but you gotta stop screwing around.Answer #2: We have absolutely no way of telling you if you're likely to get jail time. This is a great question to ask your lawyer or public defender that you absolutely need.


Title: Am I entitled to some sort of compensation?

Question:
 Alright so Sunday 6/2/12, I was sent a schedule with my name on it up to the 12th. Yesterday 6/4/19, my bosses person that “helps them organize their data to look at sales and profites” was there, and I asked him if their email program had a list like an Excel spreadsheet type program to simplify my life. They said no, which is a lie. Then I looked up the company founder, and she sold it to a company that buys up little companies and rapes their information lists. Then today, I asked my boss who owes the information the we’re trying to get me to file online to a shared Dropbox with the franchise, and after all the guys questions yesterday about how I’m “tracking people” .... I got the feeling something wasn't right, and then I was fired. He told me that “unfortunately I worked on slower days, so they were going to have to let me go” I asked him if I was getting a two weeks notice.
He said that “this would be my last day, and I could finish my shift if I wanted, and that I had been doing a great job”. Can they fire someone out of the blue like that without any legal repercussions?

Answer: You can be fired for any reason so long as that reason is not because you're protected class of person or you're protected under some other law, like whistleblower's protection. I don't see anything here where your termination is against any applicable law.


Title: [IL] My friend is going through a divorce. His grandfather died and his mother, the executor, gave half of my friend's inheritance to his estranged wife.

Question:
Illinois.

His mother has decided that his wife deserves half of his inheritance. Does his soon-to-be ex-wife actually have a claim to half of the inheritance and if not, what are his options?

Answer:
 Your friend's divorce lawyer should be looking at this.

_Generally_, inheritances are separate property. The estate likely owes your friend the full amount willed to him, less whatever proportion went towards paying the estate's bills. However, there are lots of variations on that depending on what the will actually says and on Illinois divorce and estate law.

This is very much not DIY territory.Answer #2: If his ex is...

1. Not in the will, and

2. Unwilling to return the money, then

...mom may be on the hook for the balance.

He needs a lawyer!Answer #3: He can get a probate attorney and challenge the disbursement as either against law or the wishes of the grandfather. It is actually possible that grandfather left a provision for his will given she is a apparently still close to family.Answer #4: There's some good advice here.  I just want to add to tell your friend under no circumstances should he co-mingle any of the inheritance funds with marital assets.  Open a separate bank account at a separate bank in his name only for the inheritance.


Title: Help with cat not being allowed outdoors (San Diego, CA)

Question: My apartment, that I've been living at for the last year, has been in recent months really pressing me about my cat being outdoors. I used to let her out during the day whenever I would go to work/school and my roommate would let her back in a few hours later when he got home or just open the door. It's a small neighborhood (about 20 unites divided on two sides with a pool in the middle) and they got a complaint of someone she tripped, which is a complete lie because even when outside she's not fond of strangers, she'll walk up to people but never close enough to touch her. After a few letters I stopped letting her out during the day and only let her out at night (around midnight-2AM for a few hours) and back in before the sun was up and people were out. A few nights ago the property manager sent me a new email about her being out at night and to keep her in then too, even though she's completely quiet and hasn't bothered anyone, I'm fairly certain she just came home late one night and sent me a letter when she saw her outside. My cat is an outdoor cat, this is the first apartment we've lived in together and she always had a way outside at our old places because I've never wanted to trap her and she isn't adjusting well to it. I want a legal way to give her at least a few hours at night to get some fresh air and to stop her from crying and meowing to me because it's heartbreaking to see her like this. I've looked into service animal information but there's nothing that helps me give her anytime to play. It's in the lease agreement that cats must be indoor but she's been no trouble for the year we've lived here and the new manager has been relentless and I don't know what to do

Answer:
 >It's in the lease agreement that cats must be indoor

You kinda buried that at the end.

In other words, you agreed/promised that you would keep the cat inside. It sounds like the thing to do is abide by that promise until you move out. Answer #2: It's in the lease that you need to keep it inside so you need to keep it inside. Your landlord can, and by the sounds of it likely will, evict you for breaking the lease. Cats can't be service animals and even if you fraudulently got her to be an esa, allowing it outside is not a reasonable accommodation. If it's outside it can't be helping you, and that's what you're saying it's needed for. Answer #3: Keep her inside, or get kicked out. Your decision.


Title: Ex committed suicide leaving me sole custody of a child I haven't seen in a decade.

Question:
I recently re-established communication with my ex and we were working on repairing our relationship and reintroducing me into our daughter's life, from which I've been absent for 8 years.

She had gotten into a relationship immediately when we separated and ended up marrying that guy. So he's been around the child for close to 8 years, and is the only father she's ever really known. She has no memory of me. But he never adopted her, and when recently presented with the option, refused it.

Now the mother is sadly gone, and I no longer have any way to know what's going on in her life or keep an eye on things. Her step dad now wants me to sign over all of my rights to him, which I'm not comfortable doing right at this moment.

I obviously want him to have the legal rights of a parent, as I can't just take a little girl who just lost her mother away from the only dad she's ever known, her home, her family, her school, and move her in with a complete stranger. Especially when her home life doesn't seem particularly dangerous or harmful.

But I don't want to completely give up my parental rights either, even though I chose not to fight to have them enforced these last 8 years (for her sake, didn't want to drag her through court for nothing.)

Is there any way to give the parental rights to her step father necessary for him to keep her and continue raising her while still maintaining my current non custodial parental rights? This seems like a bad time to just drop the whole thing and effectively remove yet another potential future resource from a child who's lost so much.

It's unclear how cooperative he's willing to be with with any non-traditional set up. And I'm not trying to suddenly reintroduce myself to the child right now either. It just feels wrong to have maintained this position of "I'm here in case she needs me" for all these years only to give that up right when the possibility she may need me in the future gets so much greater.

What are my options here? Granting guardianship? Joint custody? Conditional custody? Additional legal documents? I'm a bit lost here.

Answer: You will want to talk to a lawyer but effectively you could allow the child to live with him while still keeping your parental rights. Answer #2: Legal guardianship could be a potential option here. In some states it matters WHO initiates the guardianship when deciding if it's temporary or long term. Discuss this with your attorney. It wouldn't terminate your parental rights while giving him decision making authority which he needs to care for her.


Title: [PA] I think i'm being set up for a fake rape claim.(long)

Question:
Guys, I really need some advice I've been sick to my stomach and unable to function today and I don't know what to do.

In January of 2015 my longtime girlfriend and I broke up after she cheated on me with my friend. I didn't speak with them at all until March of 2016 when she contacted me out of the blue asking if we could all three be friends again.

I felt like I was over it so I accepted and we all three hung out for roughly a month. During the time the sexual tension between her and I was very palpable and she informed me on numerous occasions it was an "open" relationship and that she was allowed to "play"

Me not being a total idiot, asked her boyfriend if this was true and he said it was but he wanted to wait a while before doing anything, so I put it out of my head. A week later she calls me up and asks to hang out and have sex and that her boyfriend was ok with while he was working.

we had intercourse 3 times over the course of the weekend and on monday I get a message from her saying that "she betrayed his trust and I was still in love with her and to leave her alone"

I realized I was played a fool and basically he had no idea what she was doing until he caught her. I figured it was a life lesson and moved on with life.

This week I ran into her while playing Pokemon go at a local hotspot. I was in the store with some friends playing board games all night and she sat in her car in the parking lot. She did this friday and Saturday.

This morning I get a text from her out of the blue saying "shes ready to talk" and proceeds to  accuse me of rape by "wearing her down" and that she is planning and preparing something and that she wants to grind me face into the dirt etc and I'm lucky to be breathing.

We have a heated argument about all the shitty things we have done to each other over the years and I eventually just said goodbye and stopped responding.

I've read so many stories about fake rape threats ruining peoples lives and i'm scared out of my fucking skin. She got married after a 48 hour engagement and told noone about it except to send them an email saying basically she was raped by "someone" and that she loves her boyfriend. None of our mutual friends believe her but that's because they know us both but courts and police are another story.

Is there ANYTHING I can do to be proactive on this? I don't have her on any social media and she is currently blocked on my phone.
We no longer share any mutual friends since they basically gave up on them after the marriage.

Please pleaasse help me.

Answer:
 First off, shut the fuck up and I really do mean that in the nicest way possible. Discuss this with no one, not her, not your friends, not your parents and definitely not the Police if they come knocking. In fact cease all communication with her but log anything she sends you (texts, voicemails etc)

Second, contact an attorney and clue them and only them into everything. That way if you are approached by the Police you will have counsel ready and on standby.

To reiterate, discuss this with no one but your attorney, if you are approached by Police assert your right to remain silent and ask to speak to your attorney.

Edit: To answer the question you deleted.

[PA Bar Lawyer Refferal Service](http://www.pabar.org/public/membership/lrsblurb.asp)


Title: Consequence of owning bald eagle parts?

Question:
If someone owns bones of a bald eagle, how likely are they to face jail time and how much time is it likely to be? If I wanted to report it, who would I need to speak to?

This is in the Continental US. It's federal, so I don't think specific location matters.

Answer:
 Speak with your state's DNR or equivalent (Fish & Game, etc).

As an FYI, if this individual is part of a Native American tribe, they may be excluded from any legislation (in Wisconsin, if a dead bald eagle is found, our DNR provides the carcass to the local Indian tribe for use in ceremonies).Answer #2: Location is not optional. It would really depend how long ago the bones were obtained and under what circumstances. Someone who inherited them from Grandpa in a will or finds bird bones on the wooded part of his property and has them identified as an eagle last week faces a different situation than someone buying bald eagle bones online knowingly. If you're Native American, there are probably exemptions.

Contact your state's fish and wildlife department to find out the details locally that apply. They can direct you to the right resources.Answer #3: This is a violation of both the Migratory Bird Treaty act (MBTA) and the bald and golden eagle protection act. Penalities are hard to predict and have historically varied quite a lot from case to case.

To report contact your state wildlife agency or better yet your regional US Fish and Wildlife Service law enforcement office [here](https://www.fws.gov/le/regional-law-enforcement-offices.html).


Title: Ex Keeps Saying He's Been Speaking with the Judge About Our Custody Case (Texas)

Question: Let me pre-face this by saying my ex is a known liar. Recently, he's been stating that he has been in contact and spoken with the judge that signed our documents for our custody agreement and has been telling him that I've been violating our custody agreement. He's also been stating that he's spoken to someone at the attorney general's office and he just has to file a document and they'll take me to court for violating the custody agreement which I absolutely 100% have not. I was under the impression that you were not allowed to speak with the judges, especially ones that were over your case. I was also under the impression that the attorney general's office only deals with child support issues. They have signs stating this everywhere and it's all over their website. I even went up there to speak to someone about his harrasment and wanted to clarify some things with them and the woman I spoke to made it clear that they don't handle those issues and that I would have to call a hotline to get advice. I just want to know if I'm right in my assumptions if I decide to call him out on this?

Answer:
 Yeah, he is lying.

Here's the Texas rules on ex parte communication (which is what that would be). See section 8, specifically. There are limited times where a Judge can act as a mediator, but you would have been notified, and it's unlikely.

https://www.legalethicstexas.com/Ethics-Resources/Rules/Texas-Code-of-Judicial-Conduct/III--TRIAL-IN-DISTRICT-COURT/3-01-Disciplinary-Petition

Also, separately, the attorney general's office is not going to be involved in petty custody disputes, as a general rule. HE would have to file a contempt petition and the Judge would have to agree you were violating the order.

So...call his bluff next time he makes this crap up.Answer #2: Seems like your EX is a real tool. Maybe he lawyer has been in contact but him... likely no


Title: Tenant downstairs

Question:
I live in Ontario, Canada.

I just moved into a main floor apartment. I have a 5lb little pup who wakes up at 6am. Issues are starting with downstairs tenant and I'm not sure what the full trees are regarding noise.

The first day i moved in, i didn't realize the tenant downstairs worked a late shift  (230 am), so i was playing catch with him inside at 9am. She informed me, and i felt horrible and apologized, which didn't seem to assuage her much.

Yesterday i was pretty stressed about not making noise and so I literally tiptoed around my apartment in the morning, scared to open the oven, scared to go pee, scared to make coffee. I carried my puppy everywhere 90% of the time, and laid blankets down on the ground. We spent hours in silence playing on the couch or in my bedroom.

Finally at noon i had errands i couldn't put off anymore so i left and he usually whines/barks for 10 minutes in his crate after i leave. He's got to learn - there's no way to avoid this. Well i get back and she's outside, super pissed. We talked, i apologized, started to cry actually (to my great embarrassment) because I'm so stressed, overtired (upstairs neighbours make noise late at night) and feel so bad. She seemed to appreciate that i was apologetic and that i cared, as apparently in the past she's dealt with "assholes who don't care".

So this morning i was up again at 7am with him and did the same thing:
tiptoed to the kitchen carrying him, put him down on his pee pad, carried him quietly to the couch and gave him a toy. Quietly made coffee. Quietly went pee, did not flush the toilet. Played with him on the couch for an hour, ate cold leftovers quietly at the table, took him out to the front porch to run around, which is not over any living space and at the opposite end to her bedroom. He's not had all his vaccines yet so he can't run around outside at this point. This is unpleasant and claustrophobic and i can't live like this for much longer. I'd like to walk normally and him to be able to walk normally.

Well my dad was coming over to help hang curtains today and he said he would look after pup if i needed to nap. I'm on sick leave due to concussion currently. I told him about the situation downstairs.

Unfortunately at 10:45 he was playing with my pup on a blanket i had put down, and pup got too riled up, ran under my couch, and made some tippy tap noises for about 30 seconds. I had no idea this was going on and i get an angry text from her telling me she's been awake since 730 when i got up and started moving around. I apologized that my dad got him riled up, but what is really concerning to me is that she said she was awake at 730. I was being so so careful. This is pretty stressful to me. I feel bad but I'm paying rent too and have to live my life.

Basically I'm pissing her off by moving around my apartment, and i think she has it in her head now that i have a dog and he's always going to be noisy, even when he isn't. I'm not a heavy person. Maybe she's hearing my ankles crack?

What are the rules around this sort of thing? I'm considering getting a camcorder to record how we spend our mornings in the chance the issue escalates. What else could i do?

Answer: You're allowed to live in your apartment. So walk around normally and go about your day.


Title: OK- Ex and Friends are Attempting to Make Everyone Think I am a Rapist

Question: [deleted]

Answer:
 >When she was going to testify she was told that if i was found innocent she would get the same punishment as i would get if i was guilty

Hmm, I wonder who would have told her this? Certainly not any cop or lawyer, since it's blatantly untrue.

>Every time i have talked to a girl immediately after i leave they go up to them and tell them that i seem nice at first but will abuse them, i can't handle this any longer.

So then stop asking out girls in your school, there's plenty of other places to date.

>About a week ago i got a text from an unknown number that i need to learn that "no means no" and they threatened to harm me if i didn't

Tell your parents, you can report the threat to the police if you'd like.  Changing your number wouldn't be a bad idea either if you're getting harassing messages.


Title: battery victim here, advice please

Question:
hello, i'll try to keep this as short and as descriptive as possible. a few days ago my girlfriend and i got in a argument driving home, she has hit me in the past but this time she went over the edge and really banged me up, all while she was driving/pulled over on the side of the street. a civilian called the police and we were pulled over a few miles down the road. i was bleeding heavily from my face, arm and chest. the cops arrested her and took my statement and photos of my injuries and i went home.

&nbsp;

now today, i'm contacted by my now ex-girlfriend saying that her mother has a lawyer and wants to press charges on me in order to get her charges dropped. i don't know what to do, i've never been in trouble or even had a speeding ticket. do i need to reach out for legal support, what actually happens now, can i be charged/arrested after they already arrested her? thank you for your time and help.

&nbsp;

edit: this took place in the united states, florida specifically, we are both in our 20's.

Answer:
 You don't need legal support unless and until you're actually arrested or charged with a crime.

Ignore your ex from now on. She's trying to intimidate you; her mother being a lawyer doesn't grant her any special power to get you charged with crimes.

They *can* charge or arrest you after arresting her, if they believe you committed a crime. But any accusations she makes at this point won't be very credible unless they're backed up by other evidence.


Title: Got Cancer, Army's kicking me out. Do I have legal options?

Question: [deleted]

Answer: Contact Sen. Johnny Isakson.  Chair of the Committee on Veteran Affairs.  I had an issue with A VA loan and getting my records and his office handled it.  I know you are not from GA, but Senator Isakson gets things done. Best of luck to you and your family.


Title: Haven't received paperwork for DUI that happened in October?

Question:
I was arrested for DUI in Pennsylvania in October 2014.  The officer took me to the hospital to have my blood checked (third tier offense unfortunately), and then released me to my parents that night (I was 19 years old at the time).  Although I did go and get finger-printed/mugshot in December of 2014, neither my family nor I have received any paperwork regarding any type of arraignment/preliminary hearing.  I'm not trying to get out of my case or anything (fingers crossed for ARD), but I am curious if this is a common event.  It has been five months without any paperwork; I'm not even aware of what charges are being/have been filed against me.  Any insight would be great.  Thanks!
Topic:
Alcohol Related Other than DUI

Answer: That's a pretty long time to be awaiting arraignment. Check to see if your county has an online case database and search your name on there to see if the case was filed. You should have notice of a preliminary hearing, unless you and your attorney waived it in advance, unless there's something holding the case up. I recommend looking online first, whatever you do, calling the DA's office is probably a bad idea.


Title: Bike was removed by construction guys, now its gone. (NYC)

Question:
Hello!

I left my bike in a non construction zone on Friday, came in today and its gone.  The guys said the day their boss removed it, who I have yet to talk to.  Bought the bike for $950 What are my options legally?

Answer:
 Ask the boss what he did with the bike?Answer #2: > The guys said the day their boss removed it, who I have yet to talk to.

Then you're jumping the gun by a colossal amount.  Talk to the boss.Answer #3: Contact the boss. Ask the crew for his contact information and call/text him about your bike. Be clear that this was your property and that you would like it returned. Give some times that you are available to show up where you left the bike so that you can pick it up.

Where did you park your bike? If it was on private property, you may be in for a bit of hassle.


Title: Liability for broken door in student accommodation?

Question:
Hello,

Im writing on behalf of a work colleague who is in a small dilemma. We are located in Warwickshire, United Kingdom.

She lives in student accommodation along with some other people. Recently she was at home (Its important to note at this point that she happens to be very clumsy) and she was eating a tube of Smarties. She then walked directly into a large glass door which led to the back garden. This resulted in the glass cracking at the point of impact.

She immediately phoned the landlord to explain the situation. He is now saying that she is liable to pay £1000 for the damage.

So, surely the landlord would have some insurance to cover this? Meaning she would only have to pay the excess for the damage?

If anybody could advise on how to approach this that would be great. I have also attached pictures of the damage for reference.

Picture: http://imgur.com/gallery/3DTgkZu/new

Answer: Why wouldn't she be liable for what she broke?  If insurance paid for it, they would just sue her for the money.


Title: I got a letter from the IRS and I'm terrified.

Question:
I received a letter from the irs saying I owe $40,000 in back taxes for 2012.

I didn’t run my business that great back then and had my assistant handle it.  I thought she filed the taxes but it turned out she probably didn’t.

I let her go along time ago and haven’t been able to find her for awhile.

I remember that year that I actually lost money that year in the business but if she didn’t file, then it shows I made way more than I did.

What should be my first step in this?  I want to talk to a lawyer or somebody who can point me in the right direction and all I see are ads that look like they are scams?

I have about $10,000 in savings and am currently not working.

What kind of lawyer should I see or what steps should I take?

Answer:
 If the letter lists a court date or says you will be charged with a crime, then you need to talk to a tax attorney, preferably one who used to work for the IRS.

If the letter us just demanding taxes, then (for now at least) you need a tax accountant, preferably one who used to work for the IRS.

If the IRS letter is specifying a bottom line number of $40,000 to pay back, then the good news is that these numbers can often be negotiated down, and often a payment plan can be negotiated.


Title: Need surgery, is it legal is I get fired for missing 1-3 months?

Question: I injured myself pretty badly about 2 years ago but I never went to the doctor. About 6-7 months ago I finally went to the doctor and was told I'll need surgery which will put me out of commission for 1-3 months. About one week after I found out I need surgery I was to begin my first day of work (I had been previously unemployed). I started work because it was a necessity and I figured I'd put the surgery off until after a while of working. Well, I've been at my job for 6 months and I want to get my surgery asap, is it legal if my employer fires me because of this? I live in New York City.

Answer: It's legal. If the company had > 50 employees and you worked there a year, AND you needed "to take medical leave when the employee is **unable to work** because of a serious health condition" then FMLA might've protected you.


Title: Employer wants me to sign a contract agreeing that I will notify them of my new employer for up to a year if I leave the company (IL)

Question:
Hello, recently my company, that I have been working at for 3 years has requested all employees to sign a contract that states, once a person has leaved the company(whether layed off, fired or quit) you must for one year after your last day of employment, are contractually required to report to the company(the one I currently work for) the new employer and also required to provide them the agreement(this agreement, in addition to the requirement of notifying the company of a new employer, has other non-disclosure items and other requirements, that I have no problem with) to my employer before I start work.

Is this legal? If I actually sign this contract, am I legally obliged to report back to them my new employer and also provide my new employer with a copy of this contract? What would happen if I sign this and do not inform them of my new employer?
I am not looking to leave the company, but sometimes things happen and who knows where I will be 10 years from now, but either way I do not want to sign this and have this obligation.

Answer:
 What is your employer giving you in exchange for this new obligation ?   Is there any penalty clause that describes damages you would have to pay ?

Do you have access to trade secrets as part of your job ?

You can certainly agree to it.

Edit 1:  mis-read the duration.   A one-year duration would be within the normal range of restrictive covenants.

Are there any non-competition or non-solicitation elements in your employment agreement or in this new contract ?

Edit 2:   A nice little article on the sufficiency of consideration for restrictive covenants:  [\[Link\]](http://www.natlawreview.com/article/consideration-and-non-compete-agreements-state-law-illinois)   Illinois disfavors "sign this or you're fired" contracts.


Title: [IA] What is the best way to respond to being called a lawyer?

Question:
Hello, I am an accountant in Iowa.  I have been helping out some of our long-standing clients who are now elderly and losing their minds / clarity, and they've begun telling people that I am their bankruptcy attorney and to direct questions regarding their finances to me.

I am *not* an attorney, I do not claim to be an attorney, I don't work under an attorney, though I do have referrals to and from attorneys.  I am relatively young and own part of an accounting practice and will be purchasing it in a few years, and I don't want to jeopardize this or my career for this.

So far I've told the hospitals, nursing homes, and social worker that I'm helping sort out back tax returns and back taxes; I'm doing it for free since I know he doesn't have the money to pay me, let alone what he owes for taxes.

Answer:
 "I am not an attorney"

Any reason why that sentence isn't going to work for you?Answer #2: "I'm a CPA but not an attorney."

[If you are in fact a CPA]


Title: Is it illegal for a company to lie about how much they donated to charity? (U.S.)

Question: [deleted]

Answer: It's fraud. Lying to enhance wealth is fraud. Fun thing that could arise is that the charity that was donated to can come back and request the rest.


Title: [FL] When to talk to the police

Question: I've been curious as to the appropriate times to speak to the police and how. I understand that speaking to the police NEVER a good idea. However, this is sometimes not possible. For example, being pulled over, or more importantly, reporting a crime yourself.

Answer:
 > I understand that speaking to the police NEVER a good idea.

You understand wrong.

If you are the suspect in a crime, you should generally not speak to the police without your lawyer present.

In nearly all other situations, you are okay to speak to the police.

Like anything else, it's a matter of circumstance.
Answer #2: >I understand that speaking to the police NEVER a good idea

That's not necessarily correct. You shouldn't speak to the police if you're questioned about a crime generally speaking. You can feel free to report crimes in which you are the victim or speak with them when you're an uninvolved witness (for the most part). If you're suspected of a crime or you think that may be the case, don't speak to the police without an attorney. You have to use your best judgment.


Title: [Alberta,Canada] My roommate is being sued for defaulting on a car loan and the company suing him wants mine and my boyfriend’s employers names and phone numbers.

Question:
As the titles says, our roommate defaulted on his car loan, and is being sued by the company that gave him his loan. He sent me a Statutory Declaration they had sent him with a section for “My other household earners__________” it asks for our names, date of births, where we work, and our employers phone numbers.
I don’t understand what they need that information for, if we aren’t involved at all. I don’t really want to give it to them, but I am not sure if I legally have to.
I really don’t want to get involved in his train wreck. I have never been involved in something like this, and I am worried if we are somehow going to be held liable for his mistakes.
If anyone has any advice I would really appreciate it. Thank you!

Answer:
 > I don’t really want to give it to them, but I am not sure if I legally have to.

Nope, and if they contact you directly tell them to take it up with roomie, their arrangement with him is not your problem.Answer #2: "No" is a complete sentence, in this situation. I would not sign anything or provide any of that information. Your relationship as the borrower's roommate does not give you any obligation to the lender.

If you were married to the borrower, you might need to pay more attention, but you're not.Answer #3: When they say "household income" they are referring to your household as the people you are financially responsible for/with, not the actual people residing in a dwelling.

Roommates are not included in this definition. I'm not sure who has the misinformation here- your roommate or the dealership but under no circumstances should any of you provide that info or get involved.Answer #4: Roommates are not household members.  You are not responsible, give them no information.Answer #5: No way


Title: Phoenix, Arizona: Selective enforcement by an HOA. Advice appreciated!

Question: [deleted]

Answer:
 You can report it but AFAIK unless your HOA has a bylaw that gives you recourse if they fail to uphold a rule you're out of luck.Answer #2: > What is our best course of action?

Legally, your best course of action is to report possible violations of the by-laws that you observe to the HOA and then forget about it.

On the other hand, an even better course of action is to let it go and not be the kind of petty, meddling neighbor that makes an HOA a shitty thing to live under. Report only things that **genuinely** compromise your quality of living or your safety and be an adult about the rest of it, including things \*ahem\* that you have to wildly exaggerate the damage potential of.


Title: Need legal advice for student who failed drug test

Question:
My child is a student in an engineering program at a public university. The program feeds trained engineers to public, military, aeronautic and other large industry contractors. As such, it's regimented, quasi-military. They have a strict drug and alcohol testing policy--which makes sense, given the safety factors involved. They have random drug testing, in addition to testing for suspicion or any accident or safety event. Makes sense.

The engineering program has become highly sought after, and is very competitive. Admission is tough. Academics are rigorous. My child came into the program with very high marks, and was started a year ahead with credit for AP classes from high school. Made the dean's list the first semester, and took on a heavy load for the second semester, thinking it was manageable. Little to no input from an academic advisor. The load turned out to be harder than imagined. Many nights up until 2 or 3 trying to finish homework and keep up.

One particularly difficult week, a friend with a prescription offered a Concerta to my child to stay awake in lectures. Of course, the same week my child got selected for random drug testing and failed. Bad decision. No excuses. Time to pay the piper. However...

The student manual details the procedure for random drug testing, but offers no details on the process of adjudicating the consequences. Nothing. My child was told there would a hearing, with a committee that would hear the case, and make a recommendation to the Dean, who would make a decision on consequences. When my child showed up for the hearing, there was no committee, only one person who was not identified to my child. That person listened to the charge, asked a few questions, and made a recommendation for suspension from the school. No probation, no diversion, no suspension from activities with the opportunity to complete the semester. Summary suspension from the program, loss of tuition and loss of a semester of classes already half completed.

My child was then given a week to appeal--even though it hadn't yet gone to the Dean for a decision. No written document of what's to be appealed. No explanation for why the process runs contrary to what was described before the hearing.

I have tried contacting the school just to try to understand what's happening, and have gotten no response. I have no idea how to be an advocate for my child. I can find a lot of content on drug testing in the workplace, in high schools, etc. But I can't find what rights, if any, my child has in a case like this. Can anyone provide any insight that would help? Thank you.

Answer:
 Assuming your child is an adult (18+), I would think the best bet would be for them to handle this themselves rather than have their parent try on their behalf. They likely need to speak with the Dean directly or find out if they have an ombudsman they can speak to. They need to explain exactly what happened and hope to get some sort of better resolution, but they are likely the ones that need to do it if you are hoping for the best possible outcomes here.

Do they have a professor/instructor they trust they can speak to to perhaps help point them in the right direction?


Title: My supervisor is an abusive, sexist monster and I have FB statuses to prove it [Ohio]

Question:
I work at a university in a research role funded by a grant.

&#x200B;

My boss is a terrible abusive and sexist person who has been terrorizing me for over a year and a half, I finally filed a complaint about it in September mentioning his abusive behavior, the illegal and unethical working conditions, unpaid overtime, intimidating me out of filing a worker's comp claim, denying me a promotion due to my gender, all sorts of stuff.

&#x200B;

When I turned in the complaint the only response HR gave me was to suspend me for a day without pay when another employee had done the same exact thing and faced no repercussions (neither of should face any), last fall. Then close to full four months after my initial complaint, I finally got a report on the complaint. They found in his favor for virtually everything, except for offering me some overtime pay for when he emailed me late at night and concluding he shouldn't  make sarcastic jokes.

Their report literally said, "We found no evidence that he yells." Except they only interviewed two people, one person who is literally not in a position to comment on the issue at all - he was literally in a different room on every occasion, and a person who could be easily retaliated against due to his visa status. I don't even know that they asked him about the yelling.

Here's the thing. HR never contacted me about other witnesses, like ones that don't work directly for my boss. And they never asked if I had any sort of documentation. I have timestamped FB statuses for a huge number of times that he's screamed at me for all sorts of issues. I have a status from the performance reviews where he denied me a promotion for multiple reasons, including that he wouldn't promote me unless the men in my lab could get a funding for their salaries. I have photos indicating he lied about other issues. I have so much evidence, it's actually shocking to me.

Two days after the final report, I was told I was being laid off because the grant was ending. Except my boss has two grants, and I was explicitly told by him that I was being hired on the other one, the one that still has another 3+ years of funding. Oh and that I would be promoted quickly because of it. He told me this in an email, i.e. in writing. Additionally I  moved from out of state for this job. No one in their right mind would move for a job that only had a year and a half of funding

I'm writing up formal complaints now to HR and the department that handles discrimination. Do I need to lawyer up? Are FB statuses considered evidence these days? What's the likely outcome here?

Other people in the department really like me and would probably offer me a job, but probably not if I go scorched earth here the way I'm planning on.

Answer:
 What exactly did the supervisor do to you? Yelling, as they pointed out, is not a legal issue. Answer #2: You say Facebook statuses. Are these just times when you went on your own Facebook and posted a status of your own saying “my boss yelled at me just now.”  If you have messages between you and your supervisor this is a different street but the way you worded it sounds like you just have your own statuses to go from, which you wrote yourself. Answer #3: Aside from the wage thing, nothing he has done that you described is actually illegal. Being a woman doesn't mean he can't show favoritism to other employees or disciminate against you. It just means he can't discriminate against you BECAUSE of your gender. In your case you don't have much to prove that the reason is because you are a woman. He sure as fuck can yell at you and call you names if he wanted. Yes facebook messages are valid evidence if there's anything in there that actually shows sexism

You can file a claim for not getting paid overtime


Title: Murphy, TX: Was pulled over for doing 50 in a 40, help?

Question:
I was driving home from our high school football game tonight and me and my girlfriend decided to get ice cream. We stop at sonic, get out of the car, eat for 30 minutes, and decide to go back to her house. We pull out of sonic and within 700 feet (A rough google maps translation with a ruler) I see flashing lights.

I immediately realize that I forgot to turn on my headlights and flipped them on real quick. At this moment of realization, I glance down and look at my speedometer and it says 47 (I drive a honda civic that gives a number rather than a clock hand).

I pull over and he comes to me and tells me that he pulled me over because my lights were not on, and because he "ghost radar'd" me for half a mile. He goes back to his car and comes back to me with a warning for Defective Tail Lights and a citation for speeding. He told me that I was going 50 in a 40. I'm pretty certain my speedometer is more accurate than his "ghost radar."

Needless to say, I'm very upset. I've had my license for over a year and am a very safe driver. Is there anything I can do?

I honestly didn't notice my headlights because of the streetlights lighting up the road. I had no idea until the cop flashed his lights that I had them off. If it helps, the speed limit goes from a 45 to a 40 about 300 feet behind where I got pulled over (meaning that I had already passed the sign, I just didn't notice it.)

He also said that he had suspicions that I was going to speed up and keep going faster. What I was really trying to do was turn left at the upcoming light so I could get my girlfriend home.

I would really appreciate any help I can get. I am new to this, as I have never received a ticket! What can I do? I read online that Texas has presumed speeding laws where under safe conditions, you can go over the speed limit. There were no other cars around me and the streets were clear, with street lights overhead and I was not recklessly driving.

Thanks in advanced.

Answer:
 pay the fine, go to traffic school, call it a day.

or you can get a traffic lawyer and pay money to get the citation reduced and/or maybe removed.


Title: Roommate caught dealing heroin. Out on bail. trying to take apartment because me and other roomate don't want to stay.

Question:
I am located in southern california USA

My home was raided by police to bust my roomate. He was dealing and using heroin. He is now out on bail before his courtdate. My roomate and I told him to get his shit and leave, and he initially agreed to, but now he said he has a lawyer and that he refuses to leave. Our lease is also up for renewal on the 31st. He said that he is going to sign it no matter what because he has been here the longest and it is his home (even though we rent from an apartment complex.) The good roomate and I refuse to live with him.

Our lease contract states that no drug activity can take place on the grounds of the apartment complex. (I can scan these in later if you want.) Although we had the packet of information that listed everything that was taken from the raid (heroin, scales, log books of sales), the bad roomate has taken it from one of our roooms and hidden/ destroyed it. I believe we can get the records back from the police dept but I have no idea how to go about it. I know this sounds like a 10 year old typing but I am furious that he is trying to take this apartment after lying to us and getting busted for dealing drugs.

Answer:
 You all signed one big lease, right?

In that case, you can't evict him.  Only the landlord can.  When the lease is up, the landlord can choose to sign with anyone he wants - the heroin roommate, the non-heroin roommate, or someone else completely.  None of you has any real say in that matter.


Title: Cops found my phone and called my mom saying its under investigation

Question: [deleted]

Answer:
 > I'm 17 so it kinda gives you an idea of the kinda things I was doing on there.

No, it really doesn't. Answer #2: > Let's just say I was up to no good on it

Need more details than that

> If they did find something illegal do you think they would go threw all the trouble in pressing charges on something small?

You haven't told us what it is, so we can't possibly speculate.

> Why has it been so long?

Depends on the type/severity of investigation which we don't know because you haven't told us anything. Is it sending nudes? Pictures of drug use? Recording you doing something stupid/vandalizing? You need to be more specific.

> Should I even bother expecting them to give it back?

Not if it's being used as evidence to charge you with a crime. Have you discussed your predicament in detail with your parents?


Title: [Colorado] False death notice in news paper for deceased cousin. What to do?

Question:
My cousin passed away suddenly six years ago. Yesterday, his mom found a death notice in the paper for him, with some obvious mistakes:

* Birth year correct, but month and day wrong
* Death date off by nearly 6 years
* Last name off by 1 letter
* Names he was survived by were all correct, but some misspelled, and only first names used
* Town he grew up in was correct
* Identified as having been in the correct branch of military

My Aunt, his mom, had enough shit on her plate with a long haul trucker husband, teenage daughter, and Multiple Sclerosis that I'd like to dinner into this so she doesn't have to. I find an article from 4 years ago suggesting to pull his credit report and ensure the SSN office knows he's deceased. Are there any other recommended steps or places to call?

My Aunt called the paper, they can't give out info on who bought the obituary. And the funeral home listed has no service scheduled.

Edit: Aunt told me that the paper did give her a name, saying that name was my cousin's own brother, along with a phony email address and disconnected phone number.

Answer: Very odd.  Check out r/scams for known and suspected scams as well.


Title: Websites about illegal activity.

Question: [deleted]

Answer: They continue to exist because in the United States we have a right to freedom of expression, unless that expression poses a threat to the safety of others (and other exceptions). Disseminating the information is not the same as committing a crime based off that information.


Title: Can I file a police report against FedEx for mail fraud? How can I get my money back?

Question:
Won an eBay auction and the seller shipped me the item via FedEx from a city two hours away. Fedex has lost the package several times and their customer service is giving me the runaround. I can file a FedEx claim, but they will only reimburse the seller because he is the sender. I can file an eBay item not received case, but if they do side with the seller theres always the chance they might side with the seller. And in that case he would end up with both my money and the FedEx settlement.

What could I do legally to get my money back? Anything?
Topic:
Consumer Law

Answer: Seeing as fedex has not committed mail fraud, no, you cannot (well, should not) file a police report saying they did. Answer #2: Well first off, stop trolling the fedex subreddit. They’re not going to be able to help you. Second, if you go through eBay, if the item hasn’t been delivered and it’s after the scheduled delivery date from eBay, then they will most likely side with the seller. Have you tried contacting the seller? They might be able to get more info from fedex and/or refund you without having to open a case with PayPal if they get reimbursed from fedex.


Title: (FL) My wife and I are taking a neighbor’s child who is 9 years old to Tennessee and North Carolina for Spring break. What paper work do we need should medical issues and parental permission be needed?

Question:
He is a good, healthy child and we don’t anticipate any medical issues.  He is of an obviously  different race than us so it would be clear that he is not our natural born child.  I was thinking of downloading a boiler plate power of attorney form and getting it signed and notarized.  Just something to have for parental release forms for winter activities and/or medical attention.  Also he has no picture ID.  I am thinking a birth certificate and Social Security card should suffice.

Would another type of paper be appropriate?  Does this sound right or would /R/legaladvice suggest something different?

Answer:
 Bring along a copy of his birth certificate, and a letter from his parents stating that he has permission to travel with you, and that has their names and contact information.

As for medical treatment, he'd be covered under implied consent in case of an emergency. The paramedics or ER staff aren't going to just let him die because they can't get permission from a parent to perform live saving treatment. They are going to do what is medically necessary in an emergency. Anything non-emergency, they can just call the parents. Answer #2: We've always given this letter to this to anyone traveling with our kids:

We, the parents of [kid 1] and [kid 2], give [name of person traveling with kids]  permission to travel with [name of kids] during the period of [dates of travel + 1 or two more just in case].

We also give [name of person traveling with kids] permission to seek medical attention and authorize medical treatment for [name of kids] if they deem it necessary.

[names of parents, signatures of parents, cell phone numbers of parents]

[photocopy of front and back of insurance card]

[copy of birth certificate]


Title: My mom is being threatened with prosecution based on elder abuse. It doesn't seem legal.

Question:
Basically, my mom used to receive money from her dad(my grandpa) every month. Between 800-1000. He told her he had the extra money and wanted to send it to her because he believes she needed it.

Last month, he got really sick and ended up in the hospital with pneumonia. After he was released, he got put into one of those full care nursing homes. He was already in a home, but he could leave whenever he wanted, etc. Now he needs a nurse to walk with him everywhere.

His other son, my mom's stepbrother, called her up last month and told her she won't be receiving any more money from their dad because the new place takes even more rent and that all the nurses and people who worked there told him that she was begging for the money. Her dad still sent her money that month, but he did tell her that was the last time.

Her stepbrother called her again last Wednesday, saying that their dad needs to be taken to doctors appointments twice a month and that she has to either pay for the nurse that has to go with him or go up there and take him herself. He lives almost 2-2.5 hours from her, so it would cost around 100 each time and the nurse is 25/hr. He says she has to do this or else he is going to prosecute her with elder abuse. His backup is all the workers from the other home saying she begged and "forced" their dad to give her the money.

My mom doesn't have a problem helping her dad, but she needs to know if she can actually get prosecuted for this. Her dad is completely in control of his mind, even though it is very noticeable that he is fading(he's 89). As far as we know of, his son does not have power of attorney over him.

We live in California.

Answer:
 The step brother doesn't get to pick who gets prosecuted for anything.

He can make a report, and if there is evidence of abuse, then the police can investigate it and present the case to the prosecutor.

It is the prosecutor who decides who gets criminally charged.

So if your mom has not committed any abuse, then she can ignore the threat because there is unlikely to be any evidence if she didn't do anything illegal.


Title: Will my baby be taken away if tested positive for THC

Question:
I don’t smoke but my bf does. Our baby is due soon and I’m worried that the exposure to secondhand smoke will cause me and baby to test positive for THC. From what I’ve read, they only test for drugs under certain circumstances however I don’t want to take any chances. If this happens, will CPS take my baby away?

California

Answer: Probably not, but if it tests positive after it's been out for a while that's a bigger problem. He'll need to stop smoking inside.


Title: Wrongful Termination? .. Not to sure need some legal advice?

Question:
I was called in for an unscheduled shift on my day off friday @ 10pm leaving at 8am saturday I was told to come back in 3hrs notifying them I would not sleep due to the fact that I have children, I am a team leader at whataburger , have been for 7 years. The saturday I was scheduled to work till 11pm, around 10pm the incoming MANAGER notifys me she is short handed so I proceed to contact the SENIOR manager which is 2nd in command after the General manager, I made em aware of the short staff and the fact that I needed to leave due to lack of sleep I was told the GM is out of town, im sorry you have to stay so I notified the overnight manager that I would only stay to cook till 2a and then would proceed to count my deposit & safe money and leave, I was having terrible trouble trying to stay awake, around 2a I went to the office where I stayed for about 3hrs or so, counting money & looking for missing money during this time period the night manager who is superior to my title decided to close the store against policy without notifying me, around 3am she begins to have an asthma attack and Had to leave not notifying me she closed the store I called her after she left mutiple times due to missing money she neglected to answer, by 3am I had been there 19 hrs continuously no break I finished with my deposit and counting at around 4.26am when I left the office and noticed immediately the store was closed I opened it and went about the night; the lobby was closed early which the senior manager gave permission for and I MYSELF NOTIFIED MY GENERAL MANAGER AND SENIOR THAT LOBBY WOULD BE CLOSED EARLY. I notified them to follow policy, which I was advised not to by the manager on shift, I told her I its policy and made the GM aware.
 Still i stayed till 8am sunday worked 26 hours straight no sleep and all my managers were aware of my lack of sleep,The next day we were notified about the policy that was violated and the Manager who was in charge was confronted and she simply left in the middle of a shift and admitted her actions and that she knew she would get fired anyways. The Area manager handling the case had us write statements and I was told I would simply be transferred to another location and case closed. The following day the managers reported suspicions of me having relations with the GENERAL MANAGER , so I was contacted again for questioning and another statement, this WAS THE 2ND CASE WHERE I WAS REPORTED falsely for relations with GM and the first case was dismissed with lack of evidence.
This 2nd case I was told my senior supervisor admitted to being aware of my general manager harassing me and he did not attempt to report it or get me help, I then explained to my AREA MANAGER THAT YES I was being harassed I had went to the 2nd in command my superior supervisor with the evidence of him harassing me through message, I told him I was greatly afraid of turning him down in fear of termination or retaliation,  my supervisor merely moved me shifts and then proceeded to gossip with employees and other managers about the harassment situation, I was never helped.
My supervisors merely gossiped and mistreated me from then on which I notified my AREA MANAGER of the problematic issues with these managers I was never removed and following the case, after I made my statement they terminated the GENERAL MANAGER for harassment, and leaving store unattended.
They never contacted me, they never responded to me I never signed paperwork, when I finally was able to speak to an HR REP I was told the area manager told human resources that she did contact me that I was the person in charge of that saturday night and I was out of the office all night to where I could see that the store was closed, which was false.
I was on camera for 3 hours , showing I never left the office and I was not in charge just ending MY PREVIOUS SHIFT, I  was never aware of the actions being made outside. The HR REP told me he would look into it himself and contact me I was never contacted, I texted the area manager and said I would be filing with the texas workforce and EEOC for the feeling of mistreatment,  retaliation and wrongful termination.  She finally responded with a text stating if I could meet her at a store and discuss my termination further for they may have missed some other factors that are important to the termination, before these set of events which occured in one week. The previous week  was the first false report of me and the gm having relations.
The week before that, I was out with an illness , to which I called in for a period of 3 days, notified the manager in charge, she denied that I ever called in and contacted my area manager and proceeded to tell her I should be terminated for not showing or calling, I was contacted and I showed up at my work with PROOF OF MY CALLS , and text showing I did call and advise her of me not being able to work each day I did not work,
So they attempted to have me terminated 3 times. As well as the gm being terminated for the managers leaving the store unattended,  they told him he was responsible for the actions of his managers because he held seniority and was there at the time they left the store unattended so the person with seniority takes responsibility,  meanwhile they tell me a team leader that I was responsible for my MANAGERS ACTIONS, even when she holds seniority and was in charge, I still have not been told a reason or date of termination.

San Antonio, TX

Answer:
 * PARAGRAPHS
* SUMMARY
* UNNECESSARY CAPITALIZATION


Title: (New York) doctors office scammed me

Question:
I went to a new doctors office (NY) and they told me they had to charge me a $150.00 copay. I paid the money and had my appointment. When I got home I called my insurance company and they told me that they cover all my charges and I should not have had to pay a copay. I called the doctors office and they forwarded my call to the billing office. The lady told me I should not have been charged (new receptionist made a mistake) and the $150.00 is sitting in my account as a credit to use later (the money was also already withdrawn from my account). I will never be able to use this credit because my insurance covers everything and I will not be making another appointment with this doctors office. The women on the phone told me she is also new and can not issue me a refund. I have called this doctors office three times, emailed, and went in to get my refund but no one seems to know how to give me back my money. I have also called and emailed the office manager multiple times and he ignores me. How can I get my money back? My bank usually won’t dispute charges is the charge already went through (I’m not sure how it would work with a doctors office). I contacted the better business bureau. I have been trying to get my refund for three weeks. The money has also been paid by the insurance company
Topic:
Insurance

Answer:
 If you paid by credit card, dispute the charge.  If you paid by check, cash or debit, send a certified letter to the office requesting the credit on your account be sent to you within 30 days or you will file a complaint with the NY Department of Financial Services.Answer #2: Your bank doesn't get to make that call, if it has been within 60 days you can (typically) file a dispute.

&#x200B;

I am assume this was on your debit card, not a credit card? CC would make it easier, but provided too much time hasn't passed the bank will have to do it.Answer #3: This is "double dipping" and it is illegal.  Contact your insurance company again and ask for their legal department to step in.  Let them know you are never going to go back to this doctor.  Tell them they way you did here and they not only should be able to help but they should put this office on their watch list and may be even investigate to see if other people they cover use this office and may have been ripped off.Answer #4: If the doctor's billing system works as it should, it should send the bill to your insurance company showing you already paid $150 to the doctor.  The insurance company should then deduct the $150 from the doctor's payment and pay the $150 over payment to you.


Title: NYS - Husband wants to declare bankruptcy on his small LLC business. How will this affect our personal finances?

Question:
My husband was given his mother's small hair business before she died.  It's become a burden and his lease is up at the end of Jan. 2017.  There is about $11k in cc dept, a small business bank loan of  maybe $3k and very limited physical assets to the business.  The business is an LLC.  We are planning to meet with a lawyer, but will this affect our personal finances (mortgage, student loans, personal cc debts).  I don't need to declare on anything personal, but what can I expect?

**Edit - I just realized it's an LTD, not an LLC.

Answer:
 assuming the LLC was run properly as an LLC (mainly, no co mingling of funds) and all LLC debts were not secured against any personal assets, then there would be no personal liability.  Answer #2: If all of the appropriate corporate rules were followed and you didn't comingle your money with the business', then it shouldn't impact your personal finances at all, aside from any costs you have to bear in getting through the bankruptcy.

If you did comingle (e.g. cosigning on a credit card or guaranteeing a debt), then you'll be on the hook for that money


Title: Can I sue my dad? (USA NY)

Question: After saving for months for an iphone 5s my dad smashed it one day when he was pissed with me, is there any legal action I can take to reimburse my loss

Answer:
 How old are you?

If you're over the age of 18, you can sue anyone, including your father, for damage they cause.

If you're under the age of 18, you have no recourse; your father can handle you and your possessions as he sees fit.

He cannot, however, physically abuse or assault you, regardless of age.


Title: Can a legal sex worker be contractually obligated to continue work despite wanting to leave?

Question:
A friend of mine who is a prostitute has decided she wants to leave the industry and the state. When she went to collect her money and leave her boss told her that she was contractually obligated to stay and work for him for a number of months. Sex work is legal where we live. Australia, ACT.

This sounds like bullshit to me. Basically what this sounds like is that she's going to be raped for a few months and it really doesn't seem like he will let her leave even then. He's playing mind games.

So basically what I need answered is the title question. Also, what can she do about this, and is there any way I can help without having to involve myself with this man?

I know there will be some questions surrounding this, so I will do my best to answer them, but if I do not want to give away certain information please be patient.

If there is a better place for this question please direct me there. If there are any links you have to information then I will read all of it.

Thanks.

EDIT: Sorry if I used the wrong flair, IANAL, obviously.

Edit2: Thanks everyone
Topic:
Employment Law

Answer:
 > she was contractually obligated to stay and work for him for a number of months.

You can sign contracts - and you can break them and face *contractual* consequences. Answer #2: Just wanted to point out in case you didn't realize it:

>When she went to collect her money and leave her boss told her that she was contractually obligated to stay and work for him for a number of months.

Also known as "Indentured Servitude" or "Slavery". While these things are legal in some places on this planet, I don't believe Australia is one of them.Answer #3: It's obviously not something they can force her to do.

I live in Canberra too and I'd suggest starting with Fair Work who'd probably tear into her boss, also might be worth trying Regulatory Services in Fyshwick, they'd be bound to have good information.


Title: DWI but wasn't drunk. NJ

Question:
Sorry for the bad format in advance.  I was driving home smelling like alcohol from a girl spilling a drink on me.  I was on a narrow road during a hairpin turn admittedly going to fast and clipped the slide trying to correct going in the other lane.  I was sober at the time even though i had been drinking until 1 in the morning.

Here's the thing, when I hit the side my head slammed against the wheel and i "blacked out" or lost consciousness.  Now i wake up and my car is still rolling so i pull over and try to call 911 but my phone is dead.  i try to wave down a car and next thing i know there are 3 cop cars and within a matter of ten minutes (questioning, sobriety test, Miranda rights) I' in the back of the car handcuffed.

I've been in accidents before but never where i wasn't medically evaluated by a professional (not an officer).  And i know for a fact i had a pretty bad concussion due to the fact i don't remember the drive to the station but remember getting handcuffed to the bench.

I'm just wondering if i had been medically treated before everything would i have been deemed unfit for the sobriety test and it would have gone down to blood testing at the hospital ?

also i was never breathalyzed till they asked me which i said no.  But that was when i was at the station already and pretty dazed.

Thanks for reading and any advice you can give me.  I'm just trying to figure out if I should get a real lawyer instead of the public defender.

Answer:
 >  real lawyer instead of the public defender.

PDs are real lawyers.  A typical one will have more courtroom experience than many private attorneys, not to mention closer working relationships with prosecutors.

That being said, if you actually have the option of a private attorney, you probably don't qualify for a PD.


Title: (MA) Do tenants have a right to peaceful living?

Question:
I recently noticed my new neighbors upstairs are extremely loud (at all hours) They do have 5 little boys and 3 adults in a 2 bedroom apartment. The kids constantly run, jump, bang into walls all day and all evening long. Once they calm down, the adults get loud and laughing, yelling, etc. I am at my wits end here. I have told my rental office about them, and she said she would speak to them. I even introduced myself yesterday and asked if she can have the kids go easier on the floor. Last night around 12 I went up and asked if they could keep it down, where  I was told I was "being ridiculous, they are having simple conversation" I want to know if tenants have a basic right to quiet peaceful living so I can push the issue with my rental office.
Topic:
Landlord Tenant Housing

Answer:
 Yes, generally they do.

But that is counterbalanced by the fact that you live in an apartment.  Apartments have shared walls, and *some* level of noise bleeding through is bound to happen.

You can talk to the apartment management about it.

You can also call the police when they are being too loud.  If the officer agrees they are being too loud, (s)he may go talk to them and ask them to be quiet.  Repeated violations could result in charges for peace disturbance (if you're willing to appear in court as the victim).

Of course, it's also possible the officer will NOT agree that they are being unreasonably loud, and will tell you that you live in an apartment and a low level of noise bleedover is unavoidable.

Also, many places have rules for how many people can be in an apartment of a certain size.  I think my city allows no more than two people per bedroom.Answer #2: One thing you should do is to get a decibel recorder and video of the noise as evidence. This will prevent a he said  she kind of thing and then you can have proof that they are being unreasonably loud. I'm sure you can find a cheap one on amazon for around $20.


Title: Broke up with boyfriend and he's threatening to take me to court over house that's in my name only. Do I need a lawyer?

Question:
Quick background: we bought the house in April of 2018 in Sarpy County (Nebraska).  He had no credit (not bad credit; just _no_ credit), so the mortgage is entirely in my name as well as the title/deed.  He agreed to pay his half of the down payment and closing costs, but said it wouldn't be right away since he didn't have that much up front.

I said that was okay and that he would be added to the title and mortgage 1) after he'd built his credit up (mine is excellent and we wanted a good interest rate); and 2) once he'd paid his half of the down payment and closing costs.  I didn't want to take on that much financial risk with someone else on the title/deed/loan, etc., without them paying their _full_ half.

I ended things and asked him to move out for several reasons (I'll leave the reasons for breaking up with him out of this):  One, everything's in my name.  Two, I've already talked to my real estate agent and the chances of getting back what I paid for the house, let alone make any money, are nil.  It's just too soon.  Three, I don't want to move.  My son is working his first job just a few blocks away, it's a convenient location, and even if I did want to move, I don't have enough built back up in savings yet after spending what I did to buy this house in the first place to afford to move.

He has threatened on more than one occasion to take me to court to either 1) force me to sell; or 2) pay him back what he's paid into the house.  He thinks that an email I sent him before we closed where I told him he would be added to the title (but didn't specifically mention in the email about how he needed to pay his half of the down payment & closing costs first) is the legal document he needs to prove his case.

I've pointed out to him multiple times that I'd told him before closing that I wasn't going to take on such a huge financial risk like that and that he would be added to the title _after_ he paid his half of the down payment & closings costs (of which he has paid $0 as of right now), but he vehemently denies those conversations ever took place.  I... I don't even know how to respond to that and I have no proof because they were all verbal.

So... do I need to get a lawyer involved here?  Does he actually have any legal standing?  Everyone I've talked to in person here says he doesn't stand a chance (including his own family members), but I get nervous.  I spent a lot of money and even though I thought I was taking steps to protect myself, I'm worried I'm still screwed.

Answer:
 No one here is ever going to say "Don't get a lawyer". That's always going to be your best option. But with that being said...

I don't think you need a lawyer *yet*. Lots of people threaten to sue, very few follow thru with it. It's likely that he's just using this threat to get under your skin. You should block him, ignore him and move on with your life. If you get served with papers, then it's time to get a lawyer.

Given the facts of your situation as presented here, I think he'll be hard pressed to find a lawyer that would take this case. It's simply not a winner.

Once again, if you get served with legal papers, then you should definitely contact a lawyer.


Title: Is a Will enough to take care of my pets when I passed away? (everything else is taken care of)

Question:
For all of my financial assets (checking accounts, retirement, etc.), I have added a “beneficiary” for each account. That will ensure that those assets will not go to probate.

I don’t own a home. All my other low values properties (books, computers, etc.) will be given to my beneficiary via a simple Will.

For my pets, can I just add them to the same Will so that:

1). It’ll be given to my beneficiary

2). $x amount is set aside to care for the pets until they dies

I am not rich and don’t have much, so I am trying to make things simpler.

Answer: You can include your pets in your will with some money for their care. Just check with the person you're leaving them to first.


Title: My mother lost around 43k and I need advice...

Question: We live in NJ. So let me start this by saying my mom has been working her ass off just to buy a small house for our family of 3 that includes my mom, me and my little sister. I don't know all the details and some may be lost in translation but this is what I understood so far. My mom had a friend, lets call him X. X was a "trustworthy" person and seemed like a nice guy. He suggests to my mom that his relative Y is selling a condo in a community. So, my moms credit was almost enough to buy the condo. My mom, x and y agree that she can move in if she pays the down payment of $34,000 and she can rent the condo until her credit score is good for the purchase. Initially my mom pays $20,000 in CASH, to Y, in front of X. Then, Y goes to his home country which isn't unusual because we knew that he was moving out of U.S and that's why he wanted to sell the house. I should probably say that we are all from the same country (X and Y included) and my family has been living in U.S since 2009. So, Y demands more money from my mom while he is in the other country. My mom sends him $10,000 through western union and she pays X about $4,000. Meanwhile she is paying the rent every month as well which was supposed to be $1,220 but Y wanted $1,500 so my mom paid $1,500 as well just to stay in the house. The rent was also paid in cash from July 20th to December and my mom stopped paying rent after December due to following. Y tells my mom that he wants $20,000 more and claims he did not get any money? (this part may be lost in translation or it's unclear to me because the money we sent is to his name through western union and it has been months since my mom paid him $10,000 through western union.) Now, We've received a warrant last night that states we are being evicted from this condo and we have 3 DAYS to move out. Well, the only evidence we might have is some texts and voicemails from x and y, and receipts from western union. I know that I fucked up by not communicating with my mom clearly during this but I think that she loved this condo and was really excited because it was going to be an achievement that she would be proud of and wasn't thinking clearly when she was making the agreements with X and Y. Now, I think that what they did can be considered fraud if proven but I don't know anything about law and I'd like some advice from you guys.

Answer:
 $ 43,000? Hire a lawyerAnswer #2: It sounds like your mom was in a lease-option deal, but has nothing in writing to prove it. Typically, real estate contracts beyond standard tenancies need to be in writing to be valid, so that's a problem. That being said, a decent lawyer could probably successfully build an unjust enrichment case out of these facts, assuming your mother can prove she made the payments you say she made, and that they are well above and beyond the market rate for a standard rental agreement. Your mother needs to talk to a real estate lawyer immediately.

EDIT: Just saw  in another comment that your mother already went to court once and hasn't held up her end of the agreement, payment wise, since then. If that's the case, she's likely fucked and needs to move out ASAP. She may still be able to sue successfully, but the longer she goes without making a payment, the more unlikely it is she could recover anything here. Answer #3: Oh my this is not good.  That money is gone.  Does mom have anything in writing about buying the condo?  Does she have a lease for renting?  Call legal aid about eviction.
https://www.lsnj.org

NJ eviction law
https://www.nolo.com/legal-encyclopedia/tenant-defenses-evictions-new-jersey.html