Title: Landlord continually gains entry without permission

Question:
Hey everyone. Wondering what options I have.

My landlord has been caught gaining entry to our apartment without permission or notification. He has been continually told he does not have permission unless we are notified (in which we have not been).

 Our lease says they can gain entry with reasonable notice (I assume this translated to 24 Hours).  What options do I have to take against them?

 We have numerous valuable (watches, jewlry, cash etc) and we find ways they entered ie moved furniture,  different front door locks locked (we only lock 1 of hour 3 locks, when the landlord enters they lock all three), filter install dates etc.

Any help would be appreciated. We are in Massachusetts.

Answer:
 First of all, buy cameras now. You probably should have bought them when you first realized what was going on.

Second, has anything gone missing? You mentioned filter install dates - does it seem like the landlord / their agent is coming to do routine maintenance and just not giving notice, or is something sketchier going on?

After you set up the cameras, contact the landlord, tell them you have reason to believe that they've been entering the premise *illegally*, that you now have a camera system installed, and that any future visits will require reasonable notice as laid out both in your lease and by state law.


Title: [US-CA] Carrying a hurley (big wooden stick used in Irish sport) in public on the way to a park

Question:
I'm an Irish-American who currently lives in California. I own a 32-inch long hurley. [It looks like this](https://www.hecktictravels.com/wp-content/uploads/2011/08/Thurles_025x_rev.jpg) except mine has less tape on the grip.

I want to take it to a local park to practice alone. In Ireland I see people carrying them around on their shoulder all the time. While there's a handful of hurling teams in the US, I presume it's not exactly a well known sport. As such, I'm afraid that if I carry it in public on my way to the park, or use it in the park, someone might think it's a weapon. I looked into some stuff online r/e baseball bats, which I figure is the closest equivalent, but I'm still not sure.

Possible relevant information:

* I will not be storing it in a car, I'll be walking on foot

* The park is less than a quarter mile from my apartment, does not have a baseball diamond, but does have a tennis court

* I don't own a big enough bag that can store the hurley without it sticking out

* Hurling, unlike baseball, doesn't really have specialized equipment other than the hurley (stick) and the sliotar (ball)

* I do have a full "uniform" for the sport (jersey and shorts, which match the color of my sliotar and the tape on the hurley, because of course I gotta represent my county even if I'm thousands of miles away) which I would hope make me look less shady than someone in a hoodie carrying a big stick

* Some hurleys have metal on the "fat" end of the stick; mine does not. It's entirely ash except for the duct tape at the top.
Topic:
Criminal Law

Answer: Don’t assault anyone with it and there won’t be an issue.Answer #2: I doubt that anyone would consider it a weapon, especially if you were in your uniform and walking into/out of a park. Provided you don't attempt to hit or threaten people with it most people are not even going to care that you're carrying it around. If you're really worried then get a duffel bag and let it stick out of the bag. It'll look more like sport equipment if people see you in work out gear and carrying a duffel.


Title: [NC] Had a gun pulled on me while driving. Worth even reporting?

Question:
Driving home from work, someone was trying to turn into my lane and I didnt let him over fast enough. We drive about a mile ahead and he stops his car, leans out the window and points a pistol at me. Gives me a mean look, waves it and drives on.

I have the license plate. No other witnesses, no dashcam. Is this even worth reporting to the police?

Answer:
 Ummm... Yes.

Please do so.Answer #2: Assault with a firearm is always worth reporting Answer #3: > Is this even worth reporting to the police?

One of the many lines destructive to effective law enforcement...  YES.  REPORT.  You have the tag number for pete's sake - good job!  Do you know how rare it is for folks to have the peace of mind to do that as you did?

Consider this:  Person X commits a crime today.  Victim A gets only a vehicle description.  Victim A reports to police.  Police can do little, but a report has been made.  Person X commits same crime tomorrow.  Victim B gets a tag number.  Victim B reports to police.  Police can now possibly identify a suspect in two crimes.  What if Victim B doesn't report the crime?  X has gotten away with two crimes.Answer #4: Absolutely! I've had follow up from the police in a much less threatening situation than that.Answer #5: I doubt he will go to prison based on your report alone, but when he does it again or God forbid kills the next guy there will be a way to link him to the crime.


Title: Please help me. Is there anyway to get out of a lease?

Question:
I am a college student in Oregon. I was recently looking for a place to live and found one of those rent by room situations. I contacted them and we were all good. I toured the amenities and the mock townhome and I was really excited. I get all my things packed away and head out on move in day.

When I get there (my new place). I get my keys , mail key, and head on out to the townhome. When I open the door all my excitement deflated completely and was greeted by a smelly trash filled living room. I have pictures so I don't need to go into too much detail. I think ok, maybe I can make this work. I found spiders in the cupboards and NOPED outta there. I stayed there 5 nights. Management KNEW that it looked like this. There is a documented complaint about my SAME townhome on yelp in SEPTEMBER! I'm going to link everything below. They tell me it doesn't even matter that I only stayed 5 nights, I am still on hook for the lease until someone else signs their name to that room. I could potentially be paying out $6128 AND $7128 this year just to live somewhere. I CAN'T AFFORD THIS IM GOING BANKRUPT AS WE SPEAK. I don't have this kind of money I feel so trapped and taken advantage of. What can I do legally here?

There are two other people that live here from South Korea. That are gone for christmas break. I'm just saying it wasn't vacant until I got there but matinece still knew! HE TOLD ME! PLEASE HELP ME!

(edit:no names)

Evidence:

[https://imgur.com/a/nbvDiiQ](https://imgur.com/a/nbvDiiQ)

Screenshots of lease:

[https://imgur.com/a/lzu1ixs](https://imgur.com/a/lzu1ixs)

Oregon Codes:

[https://imgur.com/a/bu5fVeR](https://imgur.com/a/bu5fVeR)

Complaint made in Sept.

[https://imgur.com/a/RP5nbzI](https://imgur.com/a/RP5nbzI)

Answer:
 It seems like you did not give them the opportunity to correct the issues; you are likely on the hook for rent so far.

Also, a good day of full cleaning would likely get rid of any smell and maybe spiders.


Title: Domain Service Broker Sold My Rightfully Owned Domain

Question:
Location: Salt Lake City, Utah

Any advice would be much appreciated. I haven't been able to find any relevant information online as I feel this is a pretty unique situation.

side note: I didn't have a hosted website using that domain.

Back in July of 2016 I purchased a domain from a company that I shall not name. Less than a year later, 11 months to be exact, I renewed this domain according to their Terms of Service. To be more precise with this part, it states that they are not responsible for the domain after is has expired. And I agree with this, some companies even allow to go passed the expiration of the domain for up to 60 days and will still allow you to renew it without any interruption. However, I renewed my domain a month early in June of 2017.

Now, I haven't been on to check the domain status since June of 2017, and that was just to make sure card was charged for the renewal. So, I get on today and I notice that I wasn't able to modify any of the DNS settings because the domain was locked. I then send in a support ticket to ask them about this and all they said was they don't own the domain anymore and they refunded my money. Now, this said domain is being sold for $3,000, and the company doesn't seem to  be offering any assistance. I did everything in my power to keep this domain in my name, there was literally nothing I could've done to prevent this from happening. I know life isn't always "fair", but I am hoping that legally, they can be held accountable for this and somehow get the domain back in my name.

Thanks ahead of time for any advice, people!

Answer:
 So, good news: You have a case. You had a domain, you paid to retain the domain, you deserve to have the domain. Reread your terms of service to make sure the company is liable, and then start talking to an attorney. This is big boy money.

Bad news: You may be countered with "domain squatting" - as in, holding a domain name, not using it and waiting for it to sell for an absurd amount of money. You need to prepare a counter for this.


Title: Forced Halloween outfits

Question:
A quick question for the state of KY.

A local restaurant is forcing employees to wear Halloween outfits  (in this case crayons) to work their shifts.

They are asked to buy jerseys, outfits and more to simply work otherwise they are sent home.

What is the legality of this scenario?

Edit: I've never worked in a restaurant nor had this issue myself. Thanks for the answers ahead of time.

Answer:
 May depend on whether this stuff can be used as street wear and how specific they're being (brand, logos, etc). So telling you to wear a red shirt is fine, but saying you have to get a specific brand, or go out and purchase a full body crayon suit makes it a uniform.

And an employer can't require you to purchase a uniform if it would put you below minimum wage. However, complaining will probably get you firedAnswer #2: Is it a specific crayon costume or just to wear a crayon costume? I may be spending too much time over in /r/MaliciousCompliance but the first thing that sprang to mind was to pin an actual crayon to your shirt...


Title: Florida--55+ communities...how can I get in?

Question:
Florida, Pinellas County (specific city:  Largo)

Due to circumstances beyond my control, I need to find a new place to live.  I've decided to buy a manufactured home.

I found an awesome one that I just love.  Want!  But.....it's in a 55+ community and I am only 50 (*only* 50.....that will probably be the last time I ever utter that phrase!!).  I know there are some laws out there that say these communities have to allow a certain number of folks under 55, but my Google fu is weak in this subject and I cannot seem to find any relevant statutes.

I have some great personal arguments that I can make in my own favor (disabled so I don't throw parties, they can speak with my current neighbors who will tell them I have virtually no visitors, I'm a quiet person, work 40+ hours per week at a highly respected international company, zero criminal background, etc.).  But I would like to have a legal argument or two to have under my belt when I call them about their quota of under 55 people.

(For example:  I just called this one park.  They told me that their prospectus supersedes any federal law.  How can that happen....can I write a document that trumps federal law?)

Any suggestions or advice?

Thanks in advance......

Answer: There is no way you can force yourself in. It is perfectly legal, under the Fair Housing Act, to designate communities as 55+.


Title: (Canada) I have a restraining order against a man. He is breaching his bail. Police aren't doing anything.

Question:
[deleted]
Topic:
Criminal Law

Answer:
 >What can I do?

You can stop monitoring his known accounts, block/delete, etc


Title: Family member arrested for child sex abuse, purchased a laptop prior to arrest, asked grandma to keep valuables at her house [MO]

Question:
A month ago, a family member was arrested for child molestation (not his first conviction, unfortunately). He’s currently in custody awaiting his preliminary hearing.

My grandma visits him every chance she can in jail—they have a very close relationship, and he’s a highly skilled manipulator. The charges he’s facing have nothing to do with his laptop, so a warrant was never issued to search it, or collect it when he was arrested. Right now it’s sitting at his apartment, like the rest of his belongings. He asked her to go to his apartment to collect his valuables / keep them safe while he is in jail.

The charges he’s facing obviously make me highly suspicious there’s something awful on his laptop. I’m extremely concerned about my grandma having the laptop in her possession. The prosecutor in his case can’t / won’t issue a warrant to collect the laptop without evidence that there is child pornography. We’ve tried to get them to collect it so it’s in police custody and we don’t have to worry about it.

He wasn’t allowed to visit any social media sites or access the internet prior to the second charge—part of the terms of his release as a registered sex offender when he was convicted of similar crimes in the past. I have since found out he was using my grandma’s Facebook account, but I have zero evidence he was doing anything illegal, other than violating the terms of his release by using the Internet. I just think it’s probable, based on his behavior, that there’s something terrible on the laptop.

So, here’s my legal question: if there were child pornography on the laptop, and my grandma had it in her possession, could she get in trouble, even if she were unaware? If another person used the laptop, could they also face criminal charges if it were later discovered? We live in a very rural area with not a terrible amount of digital media literacy, and I’m so worried about her giving the laptop to someone in good charity because it’s not getting used while he’s in jail. No one else in my family seems to be as worried about this as I am, and don’t seem to understand why having the laptop in their house, or even using it, could be opening themselves up to liability. Maybe I’m over reacting, because again, I have nothing other than a suspicion, no evidence.

On a more personal level, it’s maddening to not know whether it’s on there, more maddening to feel like he could be getting away with another crime, and I wish there were some way for someone to search it legally so they police would take it into custody and get it out of our possession.

What should we do?

Topic:
Computer and Internet

Answer:
 Look and see. Or call someone from the police department, explain the situation and take their advice on what to do

Edit: I guess you wouldn’t wanna see that. So id probably just call and say you think something might be on there.Answer #2: This is a tough one - if you don't have his consent to access the computer then it would be unlawful access to a computer system, and then anything found could be fruit from the forbidden tree.

There might be a small loophole that your grandmother has consent since he asked her to keep it, but this is pure speculation on my part. Plus, you probably don't want to be coaching granny on how to navigate the file system and be sitting next to her when you find the cheese pizza.


Title: [NC] Maid stole my mom's jewelry. Are we out of options?

Question:
My parents hired a maid to come in twice a month now that my father is having health problems. She was not from a service, just introduced herself and said she worked for others in the neighborhood (which of course now we discover was a lie). My mother did call several of the references the maid provided and was satisfied.

Now, approximately 8 months later, all of my mother’s valuable and sentimental jewelry has been taken in one fell swoop--not bits here and there, all at once (estimated value of at least $6K). We KNOW it was the maid. She is the only possibility. My parents have filed a police report, made a list of the items, and delivered the lists to local pawn shops. The police officers have been very kind and are convinced as well that the maid is responsible. (We learned from the officer that the maid was arrested last October for misdemeanor larceny of jewelry from a department store.) The police have left a message for the maid to get in touch with them, but I don’t imagine she will willingly contact them. Not sure what the next step is there—my mom will be calling again on Monday.

My question is, since there were no witnesses, have we exhausted all of our options? My mother just wants her sentimental pieces back. Part of me wants to call this woman and plead with her just to tell me where the jewelry is—I will buy it back, whatever. But I imagine that is not a very smart idea.

Thanks in advance for any advice!

Answer:
 You let the police continue their investigation.

They aren't just going to quit because the suspect didn't call them back.

You can also sue her for the value of the items.


Title: A nightmare to begin with....what do I do?

Question:
So, last night, one of my roommates came to my bedroom door, asking if she and my other roommate could go in my car to get something to eat. I agreed. Hours later, I find out that she had a wreck, totaling the car and damaging the other person's car.

1. The car was actually not mine; it belongs to one of my best friend's. She was allowing me to borrow it until I could get one for myself.
2. My roommate, the one that had the accident, is 17 years old and does not have a drivers license yet.
3. My roommate took the car under false pretenses as I did not know she would be driving the car and she did not go to get food. She went somewhere else. Let me restate that I was under the impression that my other roommate was driving the car and that they were going to get food.
4. There is currently no insurance on the car and it has been totaled (from my understanding - I was not able to get to the scene) There was damage to the other person's car.

What should I do? What is going to happen? Is my best friend able to press charges against my roommate for taking the car under false pretenses? Who will be held responsible? My best friend, the owner of the car? Or my roommate legal guardian? If so, how could I be able to switch the responsibility from my best friend to me?

Location: Mississippi, United States

Answer:
 Holy shit did you screw up on a giant scale. Everyone has a level of responsibility here. Literally every single person including the owner who had no insurance on her car. So liability is going to be all over the place IMO.

The car owner can sue one or all three of you. The other car owner can sue the driver and the owner and maybe all four of you. A judge will have to determine how much each is liable for. Liability does not have to be 100%.Answer #2: This is going to be a court case, because it's going to be pretty difficult to work out responsibility.

On the face of it, the person who lent you the car is out of it because you were a permissive user and if you had had the accident, you would be covered. But you lent this car to another person (really I mean, really?) who didn't have a license assuming (again really?) that someone else would be driving  the car.

I think you and the driver will be on the hook for the damages. You because you had control of the vehicle and the driver because he/she is responsible for causing the damages.

Edit - oh dear I missed the point about the owner not having insurance. So they are on the hook as well.


Title: (SD) Evil, manipulative, harpy

Question:
Ok, this is very convoluted so I'll explain it the best I can. My ex-girlfriend of a couple of months that I ended on good terms with asked me if she could get on my Verizon contract. I said sure, as long as she pays 50%+ as long as my "half" wasn't over my normal $110 per month. She verbally agrees to this, and picks herself out an iPhone 5c. First bill comes, and of course after all the activation fees, her "half" turns out to be $117.41. Billing cycle ends, and she's paid nothing. I thought, "okay, maybe she's having some issues, so I'll let this slide as long as she pays back". I'll fast forward a couple months: She paid $0. In February she said she wasn't getting the hours and to suspend her phone. I went ahead and suspended it. 19 days later she re-activates it without telling me (I had authorized her on the account as that was the only way to do a direct deposit). She then proceeds to use up the rest of my data, I wouldn't have known it was re-activated if I hadn't set up text alerts to know if I had reach 90%.
I'll confess something I did that may not have helped me in this issue; she claims she was in the hospital for ~a week in March, and I had thought I was texting her mother when I said I was frustrated with Ashley for not having paid a dime; and that she went behind my back and re-activated her phone after a few days. This will be more important in a bit.
I finally had enough a couple weeks ago (this started a week or 2 into 2015) and had set up for her to take over her own line onto her own account. She declines and said she's giving me the phone back. I can't afford 2 smart phones and she knew this when I let her onto my account. So I now have to pay the $320 cancellation fee for the line as well as the $400 she never paid to Verizon.
There was only a verbal agreement witnessed by one other person several months ago at a Verizon store, so I doubt that I can use her as a witness, but I do believe that I may have text messages of her re-affirming the agreement, as well as payment promises that she never fulfilled (all made via SMS).
And last but not least was when I asked her why she did this, she cited the conversation I had with her mom(?) that I had said awful things about her. The only thing I said was the over estimation of the time frame, her going behind my back, and that I was frustrated. I didn't know in this day in age that amounted to screwing someone over for nearly $1000. This was also via text; was that a confession? Please help, I don't have a thousand dollars let alone afford a lawyer, could I win?

Answer: I couldn't get past "harpy". Are you kidding??


Title: OK, one more question about landlord trying to kick us out. (Alberta, Canada)

Question:
So our landlord has filed an application in front of the courts to have us removed, and seek remedies. (lawyer costs, interest on the sale of the house, etc). His lawyer called me yesterday, and my roommate had already told her about the lease agreement they entered as evidence is forged.

She then went on to downplay it, and say that the court may not care, as the landlord's losses if the home sale falls through will be significant.

I've read through the Residential Tenancies Act, clearly states under section 4 that the court is bound to the act, and no where in the act does it say we lose our rights as tenants to avoid monetary losses by the landlord.

Is what she is saying, have any merit? Will a judge look at the forged document (our forged signatures), and still rule in their favor?

Answer: Never take the advice of the other sides lawyer - they are working in their clients best interest and not yours. Go to court and bring any evidence you have (such as the original lease with their signature). If it is determined during the trial that the landlord forged your signature, report it to the police.


Title: Contractor went 23k over estimate in Alaska

Question:
Hello, I'm so sad to have to be posting here but I'll jump right in.

Contractor gave me a bid to replace my roof for 11k, insurance agreed to cover this. They said if we opened the roof and it had additional damage to take photos and turn them in for additional payments.

At the end of the roof job the contractor turned in the additional photos to the insurance and told me it was $23k. Significantly more than expected but I though insurance would cover it.

Today a month later I get partial denial from insurance and the final bill from my contractor. It was $23k MORE not total. My final bill is actually $34K. At no point during repairs did my contractor mention my bill was going to be 3x his bid.

The bid had 3 days, 3 workers for $6840, at 8 hours that's $95 an hour each. Now hes saying putting 3 days was a courtesy and they don't work per hour. That the total for work for 6 days is $22,362.82 or $121 an hour.

After insurance I'm looking at owing $15k out of pocket and I don't have it. I'm really young, have only had the house a few years.

What can I do here? What kind of problems am I looking at if I can't pay this back? Is this even legal to charge that much over a bid?

If there's somewhere better to post this let me know.

Answer:
 MO2004 is flat wrong. This contractor is full of shit and is trying to scare you into paying a bill your insurance knows better than to pay. Your insurance is there to pay reasonable costs for covered repairs and fight for you in that regard. Call your insurance adjuster, you both are allied in wanting the matter settled and not being robbed by a shady contractor. If they under-quoted and discovered additional damage or costs that's one thing your insurance would need to consider but it would take a LOT to turn a valid quote of ~$7k to a valid bill of ~$22k. Red flags have been triggered all over your insurance adjuster's office. You don't want them to pay more than market value anyway as that goes toward what you pay for premiums.Answer #2: Good lord, what kind of roof was this?  Gold gilded tile?  Did they replace any damaged sections of roof?  Are you able to get into your crawl space to inspect anything that may or may not have been done (beyond shingles of gold)?Answer #3: Did you get an estimate or a quote? A bit different.

What does the written statement say about unexpected additional work that could not be seen until the roof was taken apart? Does the written statement cover the removal of the other roofs?

You are being scammed.  Push your insurance company to handle it-go in to city hall and see if he pulled a permit-find an old guy who works in  the inspection department who likes to talk and give advice and get his thoughts on this.

Write your contractor a letter and ask him to specifically identify the language in his quote that he believes allows him to unilaterally change his labor rates on you.


Title: HIPAA violation?

Question:
Not sure if this is the best place for HIPAA-related questions but it's the first that came to mind.

I'm a student-athlete at a university. At the start of May I started getting achy as a result of training, and none of the diagnoses or treatments that the athletic trainers offered seemed right or seemed to be doing anything. They sent me to see the orthopedic surgeon who sees just about every student-athlete whose injury is beyond the scope of the trainers, who ordered an MRI for me after a short consultation. He told me he'd call with the MRI results within a day or two of the scan.

I got the MRI, and the waiting began. After three days, I called the hospital and they said the doc would call me after the scans had been read and the diagnosis decided. Our trip to the National Championship (which I was supposed to participate in) was 4 days after the scan, and I still hadn't heard by the time the team was supposed to leave, so I went with them. My participation at the Championships hung in the balance, so I was understandably anxious to get the results. On the second day of the trip, my coach told me that he heard from the trainers at school what the diagnosis was, and that it would be a season-ending injury.

This is where my question comes in. Evidently, the doctor called the athletic trainers, who then called my coach, who then told me. I didn't authorize my doctor or the hospital to share my medical records with anyone besides my dad, but the school's insurance was on file as my secondary insurance to cover whatever balance remains after my insurance pays what it can. Is it a HIPAA violation for records to be shared with the secondary insurance account holder, even if they were not certified? Even if not, shouldn't I have heard from the doctor about my own diagnosis first?

As a result of the literal game of telephone, there were some instructions from the doctor that I didn't receive, and as a result my recovery has been set back by about a month. I'm not interested in pursuing legal action, I'd just like to know so I know what the proper procedure should be and to be more informed for the next go around, should I ever be in this situation again.

TL;DR: I'm a student-athlete. My doctor shared my diagnosis and medical info with athletic trainers and my coach, who I had not authorized to receive my medical info, but who might be allowed to due to the school's insurance paying for part of my MRI scan. Was HIPAA violated?

Answer:
 There is an exception to HIPAA when it comes to medical professionals discussing a patient in common.  They don't need your consent to do this.  You were being treated by the Athletic Trainers for the injury so they needed to know the MRI results.  The surgeon might have assumed that the athletic trainers were going to tell you the results so he didn't call you.  I would call the office and let them know what happened.  That you weren't told by the trainers but by your coach and that the instructions he gave you weren't relayed either.  Let the doctor tear the trainers a new one.

The athletic trainers probably did violate HIPAA.  The problem is that they might not have realized that they were also covered by HIPAA.  Athletic training is in the grey area of the law because they have a duty to protect the health of a student but also a duty to prevent further injury by ratting a student, who is hiding an injury, to the coach.


Title: I screwed up my rent check. Now my landlord is moving to evict, and is refusing to tell me what I owe. They also won't return calls or deposit my check. What are my options?

Question:
Indiana, USA.

Earlier this month, I went on my banks website and sent my rent check to my landlord. The rent amount is $530 a month. On the following payday, I discovered that I had more money than expected in my account and, looking back, I see that I inadvertently sent a check for $53 (misplacing the decimal) that had not been deposited. In the meantime, I received no communication from my landlord.

I called the management office several times, trying to ascertain what my balance is. I received a voicemail back (finally) wherein the accountant for the property management company said that my balance was "about $725, maybe as much as $841." I asked for a statement or a bill, and haven't received any further communication. This was nearly a week ago, and I've called twice daily, receiving no answer or call back.

On 1/21, I received a bill from a law firm/debt collector with a stated balance of $645 on behalf of the property management company. That evening I dropped a check for $645 in the overnight deposit box at the management office. I also called the law firm and was told that, I should make my payment to the property management company and, when I paid the balance, the property management company would inform the firm, and the firm would "go to court and file for dismissal."

The problem is, the property management company hasn't cashed my new check. Their policy, posted on the drop box, explains that they "will not accept partial payment." I would be happy to make a full payment if I knew what my balance was. If they don't cash the check, then they presumably won't inform the law firm/debt collector, and I'll wind up having to go to court. To date, the only written communication and the only firm number I've received has been the debt collection letter.

What are my options, and how can I avoid being evicted?

Thanks!

Answer:
 A couple of things:

1. Check out [Nolo's guide to eviction law](http://www.nolo.com/legal-encyclopedia/evictions-renters-tenants-rights-29824.html) - First and foremost you must be given **written notice** of the eviction.
2. [Indiana specifically provides that you have a 10-day notice period](http://www.in.gov/legislative/ic/2010/title32/ar31/ch1.pdf) (see IC 32-31-1-7).
3. The ways you can be served are explained just below that provision, and there are exceptions to it that are unlikely to apply to you.

If you haven't been served with that specific notice, you cannot be evicted legally. If they have an eviction pending in court against you, you need to ensure that you have legal representation. Hopefully there is an attorney or a legal aid clinic that will help you.Answer #2: Something is fishy here. Have you missed any rent prior to this one? Have you been served with any legal documents? Not a letter in the mail from a firm, but a process server coming to your door and physically handing you documents or leaving them on your porch?Answer #3: Can you go in to the management office while it's open? Ask for a copy of your ledger. Ask for a copy of the late notice they delivered to you. Ask for a copy of your lease to make sure the penalties match. Hand them another check if they haven't gotten your other one, and ask for a receipt. Be very polite. If they refuse to take your money, call this "firm" on speaker. Offer to get a money order. Phone communication obviously isn't working so I would advise making an in-person meeting a priority (lunch break, etc.). Everybody is late this time of year and right now you're probably just a delinquent balance on a report. Talking should help, especially since you're a good resident and are not asking for favors.


Title: [New Jersey] Bought a condo, master deed says I own a room, association says I don't.

Question:
Hey!

Just wondering if I have any ground to stand on here. Seems very simple and clear-cut.

Essentially, the room in the red box still exists. It is not attached to my property by a doorway, but the door into the hall is still there.

There have been changes to the property. This room is now general storage for the building, but it still exists in some form.

http://puu.sh/qCohz/52ab727548.png

It'd be awesome to have this as storage for my unit. How binding is that master deed document?

The master deed was prepared by the association in 1988.

Answer: Is there documentation showing a severance of that room from your property and an annexation of it to the HOA's common area?Answer #2: Since my condo association has periodically gone through the same kind of questions this might help. Our issues are with parking spaces and ours are modified as a amendments to our CC&Rs since parking spaces are considered limited use common areas. The change may not show up on the master deed, but as an amendment to the Condo associations CC&Rs or other legal documents for the condo association that are recorded. It certainly can't hurt to call your title insurance company as they will be a lot more familiar with the laws surrounding condos/HOAs in your area.


Title: Work consistently keeps me past the end of my shift and doesn't offer breaks.

Question:
I (16f) work a part-time, minimum wage job at a take out restaurant in Ontario, Canada. I am frequently kept behind after my shift to complete tasks for my supervisors, even though my shift ends on the hour. If I'm supposed to be working 5-9, my supervisor might keep me until 9:15 or 9:30, but instruct me to only log my hours at '5-9'. I am just unclear on whether or not this is legal?

Another concern I have is the fact that we are not offered breaks. I know you're supposed to get 30 minutes for every 6 hours, but we are instructed not to take breaks, even on 8 hour shifts. We are, as far as I know, the only store in the company who does this. I have brought it up to my manager, but she says that the 2 5-minute smoke breaks we are allowed on a 6 hour shift is enough of a 'break' for us.

Essentially, what I am asking for here is just some general advice on what to do about this situation. I know it sounds kind of childish to be upset over but I am genuinely concerned about the legality of these practices?

Answer: You are being taken advantage of. Use the google-fu and find out exactly what your local employment rights are and insist upon them being honored. Spread the word among your coworkers.


Title: Father won’t press charges on mom

Question: My mother is an angry drunk. My father just rug sweeps her illness. Over the years it has gotten worse and worse. He doesn’t want to claim domestic violence because he’s afraid they’ll deport my mother. My poor father is blinded by love and thinks he can fix her. She just started going to AA meetings but I know she’s going to relapse eventually. I’ve told my siblings they can live with me if they don’t feel safe living with her. Can a naturalized citizen be deported for domestic violence? Is there anything I can do?

Answer:
 No, citizens cannot be deported.

You can call the police if you witness abuse.


Title: Served Underage at Bar (Canada, Ontario)

Question:
After work, a group of ten of us went to a local bar. The majority of this group is under aged (including myself) and I believe the server and the bartender knew we were under aged. Everyone at the table had several drinks.

I used to work inside the kitchen at this bar and I went back to say hello to my former co-workers. My former friend and co-worker chatted with me for a couple minutes and recognized several people at our table. This said friend hates the bartender working that night and wants to see her get fired.

He is now trying to get her fired by letting his boss know that she served under aged patrons that night. He aims to use our conversations of text messages as evidence (I knew he wanted to do this but I fucked up and admitted there was underage drinking). He was well aware that there was underage drinking going on at that time but he did not say anything to any of the servers/bartender.

If he follows through with his plan, what legal action do I face and what should I do right now? How do I avoid facing a year in jail and a $200,000 fine?

Answer:
 Worse case scenario you get a $100 ticket.

Those big fines would be levied on the establishment/individuals who supplied the alcohol....Answer #2: If you're underage and drinking in a bar, you're a dick. Your actions could lead to criminal charges for t he bartender and having him blacklisted from the industry, not to mention the fines and potential loss of their liquor license that his employer faces.Answer #3: The bar is not going to take too kindly to getting hit with a big fine because of the snitch.Answer #4: You'll only get in trouble if the liquor inspector/police catch someone drinking under age.

Someone saying "my underage friend drank there once" or "they serve underage" is here say unless they catch them.

A complaint to the liquor inspector would certainly make the bar a target, but unless they catch someone they can't do anything.Answer #5: Why would you be facing a year in jail and such a large fine?

There's no way in hell that's the potential penalty for drinking underage in Ontario. Answer #6: If this was the U.S., and I was boss,  I'd fire the snitch immediately for not informing me or bartender while it was happening.  With him dealt with, I'd move on to see who else needed to be cleaned from my house.

I'd also be pretty angry with you, a former employee, putting my business at risk.  You would be banned from premises and not getting any good references from me.  I'd bite my tongue to stop from yelling,  "You'll never work in this town again!"


Title: Boyfriend had $625 stolen from him.

Question:
As the title says my boyfriend had $625 (cash) stolen from him. It was in a jar by his bed it was going to be used to pay a medical bill.. His brother has people over all the time.. While no one is technically allowed in his room, I assume they were in there snooping around, saw it and took it.

We would like to go to the police... Is there even enough info to file a report?

What would be the best info to bring to them?

Would it be best to get names, address, etc if the people that were over in the past two weeks?

We live in Massachusetts if that helps..

I assume we'll never see that money again, but if it's possible we'd like to figure out who took it.

Any advice would be very helpful.

Answer: Inform the police of the theft, and they will take it from there. Do not investigate yourself, the police will do that.


Title: My employer doesn’t want to acknowledge that I got approved for FMLA.

Question: I work for a large company in a call center. In March my husband had a surgery and I needed to be home to care for him and our 3 children. My company gives a special leave where they will pay you for 10 full days of work. I got approved and paid. The date I was supposed to go back I got the flu and couldn’t return. I called and got approved for FMLA to cover from the 27th until I could return which was April 1st. Yesterday I had a meeting with my manager and she said I have 10 absents in a 1 year period. When you get 10 you’re usually fired and I found out that they’re counting the days I got covered by FMLA against me and stating that I never got covered. I contacted the department that handles these FMLA cases and they stated that yes I did get approved and everything should have been covered and ok. When I told my manager that I confirmed that I got covered for FMLA she said well your absences still stand the number you have won’t go down. Is this legal? I have 10 absences which is termination. I thought FMLA was supposed to help cover me and help me keep my job. Is this even legal?

Answer: No, that's the point of FMLA. If they cite those dates and you're terminated, contact an employment attorney.Answer #2: If they fire you for this get a lawyer, lawn chair and popcorn. FMLA leave cannot be used against you in any way. Can't be used to fire you, negatively impact a raise or promotion, and I'm pretty sure the conversation you had with your employer is already a violation of the FMLA.


Title: Disabled mother, two countries, and $9500 (MN and BC Canada)

Question:
Hi all,

To start, my mom (70) is severely disabled. She has issues talking, walking, standing, and generally life sucks and is difficult.  This is due to severe PTSD, her docs believe, related to her ex-husband's (not my father) abusive treatment of her devolving into a massive tremor that has now left her shaking so badly she can't use a computer mouse or feed herself. Shes in treatment centres here and they're hopeful but... Yikes.

We'll call him AAA after his drinking problem and because he's an abusive a-hole.

2 years ago she left him (MN) and moved back to Canada. They did a mediation and divorce in Minnesota, in which it was agreed that they'd split their stuff, they would co-own the house (and he'd continue to pay the mortgage and expenses and maintenance), and they'd both agree that the other would be the beneficiary if the other died. Also, because the down payment for the house was from my mom's mother's inheritance, she would get that back. There were 2 scheduled payments, one 6 months after the mediation (he paid) and another 12 months after that. The due date for the second payment (to total $17500 USD) was 7 months ago.

On the due date, AAA emailed my mom a huge sob story about not having the money right now and needing 6 months. This is, IMO, complete BS but that's irrelevant. My mother accepted his request to pay part of it ($8000) then, and accept the outstanding $9500 6 months later. This is all by email.

That date has now come and gone, and he isn't PAYING. He hasn't sent payment, and has told her he is not going to.

According to the wording of their divorce, if he doesn't pay (it says this explicitly) then it will be collected through the court and he will also be liable for "the full cost of recovering the amount including legal fees."

Thing is, she's very disabled, in Vancouver, and I don't even know where to start. Do I talk to a lawyer here in Vancouver? Call someone in MN? Will they talk to me using a Canadian issued POA (which I have)? Speaking on the phone with her is borderline impossible. I have her divorce papers, the mediation agreement, her bank history and all their correspondence (in Gmail).  To me this seems like a slam dunk for a divorce lawyer.

Where do I start? What to do? What not to do?

I'd also like to add that I would love for this to suck as much as possible - for him. I would happily attend court hearings in person as a care helper with my mom to settle this if it would cost this jerk more money. I know vindictiveness isn't usually the spirit here, but this guy literally ruined her life. Obviously I'm talking 100% legal avenues, but fuck this guy.
Topic:
Custody Divorce and Family

Answer:
 Lots of emotion here.  We can cut to the chase.

If her husband is not following court orders, she may file for contempt of court in the jurisdiction in which it was issued.

In family law, the intent of contempt of court is to compel performance.  It is not punitive.  In a first contempt motion, you should expect the judge to tell him to cut the shit and pay up.

She can talk to an attorney in the jurisdiction which the order was issued.  And, yes.... She can "talk" to them.  You should research TTY relay services.

It's where you type online, and the typed words are relayed by an operator.

And, if she cannot operate a computer, there are assistive technology devices that can help.

I create assistive technology devices.  So, I know that they are out there.  The type I create at the moment likely wouldn't be a good fit for your mom though.


Title: California drug testing for marijuana in workplace

Question: Since just recently recreational use of marijuana has been legalized in California, are employers still allowed to fire or screen employees based on marijuana use within the state? Specifically for recreational use and not medical.

Answer:
 Yes. Answer #2: If It helps to understand, an employer could fire an employee for using alcohol on off time, or for that matter Advil on off time. Or for rooting for the wrong sportsball team. Or  for wearing the wrong color tie. Or the right color tie. Answer #3: It has not been specifically litigated in California, obviously, but there is ample precedent in other states that suggests that marijuana users are not protected from discrimination in employment.

Read up on Coats v. Dish Network in Colorado.


Title: A motorcyclist almost rear-ended me, could I be at fault?

Question:
Okay, so this morning on my commute I was almost rear-ended. I was driving along on there is an a train overpass with an intersection right after it. Because of the overpass, you can't see the light very well. I intentionally slowed a bit because I know sometimes this light is red and you don't have ample time to stop. Sure enough it was red, so I hit the brakes more and slowed down. No sudden stomping or slamming on the breaks, no lane changing.

Behind me was a motorcyclist. When I hit the brakes, he happened to be very close behind me, 4-10 feet or so and he was accelerating to go around me into a different lane. He noticed I hit the brakes and slammed his breaks and laid his bike down. He didn't hit my car. He and his bike and some scrapes, but no major damage.

He yelled at me for slamming my brakes on him. I told him the light was red and I had to stop. I asked him if he was all right and if he wanted to call the cops to file a report. He said no and that he didn't hit me. He seemed pissed (can't blame him) but said I could just go.

Did I do anything that could have me at fault here? I assume that he just couldn't see the light because of the overpass and thought it was green. Was I responsible at all for him laying his bike down? Should I have insisted we call the police to sort it out?

Answer:
 No. You are not responsible. He should know that his bike has less braking capability than your car and follow at a safe distance.

I imagine he was heated he laid the bike down though and may have been going off at the mouth about it.Answer #2: No he was at an unsafe following distance and wasn’t paying attention. Probably mad since it was his fault.


Title: NC here . Is there any precedent for a divorce in which spouse worked in marital business and wasn't given a paycheck? (Thus lack of social security)

Answer: So essentially you're wanting more money because your employer wasn't paying into SS? That's not a bad argument imho and it's something to inform your lawyer about.


Title: Getting married, how can I make sure my girlfriend doesn't become responsible for any potential future money troubles I may have?

Question: [deleted]

Answer:
 No. It is for you to learn to take care of your shit.

Marriage laws generally make both parties responsible for debt accumulated during the marriage.

If you want separate finances, don't get married.

If you need help getting started with learning how to take care of your shit financially and not repeat past mistakes, start with the wiki in /r/personalfinance.


Title: [Florida] My social security number was leaked by equifax in 2017. Accounts have recently been opened in my name. I would like to consider the option of taking them to court.

Question:
I am still investigating how many accounts have been opened in my name but so far the only one I've received proof of is a verizon wireless account. I've taken steps to file a police report to have the verizon account cancelled, I've placed a freeze at all major credit reporting agencies, and am still working on taking a number of other steps to do so. I'm looking into paid services that can protect my information/credit/social security number going forward. This seems like this could be a life long and possibly costly process of protecting and monitoring my identity. I'm 31 and was looking forward to buying a house soon.

Living in florida, what options do I have to win a case against Equifax in small claims. I've heard horror stories of equifax appeal claims won in California small claims that went to supreme court or something like that. Would that be the same situation in florida? Would I be better off looking into a class action suit?

Thank you.

Answer:
 What's your proof that these particular people got your information from the Equifax leak, and not one of many other leaks or breaches?Answer #2: >Edit: just to be clear I was not aware my information was leaked by equifax until it was confirm tonight by visiting equifaxsecurity2017.com/

Which still doesn't mean that your specific issue was caused by that breach.Answer #3: A class action lawsuit is already in progress against Equifax over this incident. I can't find much information on it but it will be provided in due course.  You will have the option of opting out of the class and hiring your own attorney, but this is generally not advisable unless you have a unique situation.  They will most likely reach a settlement where they pay some token compensation or provide credit monitoring service.


Title: Being followed by police

Question: I am being followed/targeted by a group or individual of police.  They are using my radio, phone, and computer to attempt to brainwash me.  I don't have proof beyond my own observations and intuition.  Everyone thinks I am wrong.  I don't know how to approach this without sounding crazy.  What should I do?

Answer:
 I think, in all seriousness, that you need to consult a therapist about your feelings of paranoia.Answer #2: What you're describing is paranoia.   It's serious.  It's medical.  You need to get some help to treat it, either with therapy or medicine.

Everyone you talk to about it thinks it's not really happening because it's not really happening.   You feel it, to be sure.  You're totally convinced, because it feels so very convincing.   That's the awful part; this sort of disorder uses the same chemicals your brain uses when you're convinced of things like "the sky appears blue" or "snow is cold".

Strangers on the Internet can't help you.   Medical professionals can.

So the answer to "what should I do" is "make an appointment with a mental health professional".    This isn't dismissive, or mean, or part of the conspiracy you feel.  It's advice, given with sincerity from somebody who has mental illness in his family.


Title: [Seattle, WA, US] Friends who I'd been staying with 9 months left my things in the driveway, told to leave that day.

Question:
Some back story.

Last year I had a house fire. After a few months, some friends said they had a spare room and it would be awesome to have another person in their house. Great! I was looking for new work in the area and this would allow me to focus on that instead of dealing with my insurance company 24/7.

Fast forward 9 months and one day the wife of the pair of folks said that the owner was thinking of taking a new job and since he was only half owner in the house, if the other half owner didn't want to sell, that they were walking away from the house.

Another week goes by and I found out that the half owner (husband) who lives there, lost his job. The next morning, I wake up to find my things that had been in storage sitting next to the back of my car and I was told that I had to be out that day.

Since then I've struggled in finding some stable housing, most nights I'm sleeping out of a car with every one of my possessions. I've been  lucky to couch it here and there with some friends here and there, but finding work now without any kind of address has been made a million times more difficult. Nobody wants to hire a homeless person it seems.

I was encouraged to write a thread here after reading a similar article from the opposite perspective. I don't have much money to my name (maybe $25 cash and that's it) so I'm afraid to try to find any kind of lawyer, if that's even what I should do here. I checked out mentally after this happened and have been on the brink of suicide. I've reached out to friends and have been safe so far, but I'm pretty sure this has been preventing me from reaching out to anyone.

I'm sorry if my story included things that weren't relevant. I wanted to try to bring as much information as possible without being identifying. I'm happy to include more information if asked.

NOTE: I can only check this thread twice per day. The library limits the amount of computer time each user has to two one-hour blocks. I will try to be back around 3:00pm PST to answer any questions that people have, and again tomorrow morning. I can usually get to a library between 9:00-10:00am and I usually read until the afternoon when I can check job postings and reddit again. My mobile connects to the wireless at the library, but it doesn't work well most of the time so I don't feel comfortable saying I can answer questions throughout the day.

Answer:
 How long ago did this happen?  I didn't really catch that in your post if it was there.

This was an illegal eviction.  You need to contact a few local attorneys and schedule consultations (which you can find offered for free in cases such as yours).  With the damages that could be available (usually statutory treble damages, triple the amount of your actual damages), you may be able to find someone to take this on contingency for you. Answer #2: Non-legal advice here, but [go here to look up temporary shelters in Seattle](http://www.seattle.gov/humanservices/emergencyservices/shelter/temporary.htm)


Title: [MN] Landlord is now hostile towards us about my ESA dog after we already got approval from her. Looking to break our lease

Question:
A little background about our apartment building: There are no dogs allowed on the lease. There are 6 different people in the building who have what I assume are ESA/service dogs, including the property manager herself and the maintenance guy (not sure if that's relevant).

So around a month ago, I decided to get an emotional support animal to train to help with my panic disorder/anxiety/night terrors. I got an ESA letter from my therapist and the property manager has been pretty cooperative so far up until around a week ago. Now she has changed her tune. She has confronted my SO and me when we have been taking the dog out and literally yelled at my SO about the dog, saying that the dog isn't "certified" (she has a copy of the ESA letter so AFAIK that's all I need). She also said that "now everyone wants a dog" which I'm not sure is my problem considering I have a legitimate disability. She doesn't want us taking the dog out the front door, but the garage door. We don't have a garage space, so we don't have a key to the garage door. She keeps saying she'll give us one, but in the same breath she yells at us for using the front door to take the dog out to the back yard.

We have been thinking about breaking our lease for awhile now. There is constant noise in surrounding units, the manager is a loose cannon about the dog among other things, and above all, my hours have been cut and we can't afford this place anymore. Our lease says this:

"Before Original Lease Term: Notice to vacate can be given only for the last day of the month. It shall be in writing and received by the owner at least two full months in advance. Improper notice will result in Resident being charged a $150 advertising fee and loss of rent until apartment is re-rented."

So my question is: will we be responsible for rent if she doesn't re-rent the place after those two months (assuming we give notice on August 31st)? Do we have legal grounds to vacate sooner than those two months because of discrimination against me with my disability and the dog? Any advice would be greatly appreciated

EDIT: I am not asking if I'm legally allowed to have the dog. I already am confident that I am. I'm asking if I can break the lease with two months notice and if I will have to pay any fees/rent beyond those two months if our unit is not rented out

Answer: I didn't think ESAs were protected by the ADA.


Title: Video of drug deal.

Question:
I had a roommate whom ended up being a drug dealer. I installed cameras in our apartment because of all the random people he had co.i g over. I came home one day and checked footage to find him doing a cocaine deal in the kitchen.

What would happen if I turned this footage over to law enforcement?

Answer:
 Its the weekend. People flood the sub on weekends who think this is an opinion sub. They are best ignored.

There is no way to predict what the police may do with it. It possibly can't be used in court if the roommate had an expectation of privacy, which I assume will be the case here. They don't have yo tell him they have unusable evidence and can try to illicit a confession by telling they have video. They may investigate him and the buyer, or may do nothing... there is just no way to either force them to do anything or predict what they will do.

It is up to you if you want to report him either way. Answer #2: > What would happen if I turned this footage over to law enforcement?

They might start an investigation of your roommate or add it to an ongoing investigation that could lead to criminal charges.  They might do nothing.


Title: [TX]Are my friends responsible for my bike crash?

Question:
So some backstory - this happened on a road bicycle.  So in professional bike races, at the end of the race sprinters will lean into each other and even [headbutt](https://secure.i.telegraph.co.uk/multimedia/archive/01680/headbutt_1680227c.jpg) each other for better sprint position.

I was riding with my friends on a social ride third wheel at a normal distance in a [dual paceline](http://cyclinginfo.co.uk/blog/wp-content/uploads/2008/03/double-pace-line-alexpope-fl.jpg) about 6 inches from the wheel in front of me.

Anyway, the guys up front got their handlebars tangled and ended up wrecking, and took me out.  I ended up with significant injuries and was in the hospital for a few days.  My job doesn't provide health insurance, so I don't have any.  I cannot pay these bills.

I love my friends and they have apologized profusely, but unfortunately the hospital doesn't accept apologies for payment.  I do have a video of the incident off my GoPro.  Is it worth going to a lawyer about?  I really don't want to have to go after them but I really have no choice.  I feel that they were grossly negligent in headbutting and horseplaying in an environment that didn't call for it at all and now I have to suffer for it.

Do y'all think I have a case?

Answer:
 NAL but an experienced road cyclist.  You are responsible for protecting your front wheel.  If it hits anything, including the bike in front of you, it's your fault.  In the event of a wheel touch, the rider in back almost always goes down.  I feel for you, b/c I've been involved in some nasty crashes, but this is 100% on you.  See if the hospital will work with you on a payment plan and/or reduce the charges since you don't have insurance.Answer #2: So why didn't you slow down or move out of the pack when you saw the horseplay?

Bikes are vehicles.  You were following too closely.  You could file suit against your friends, but you'll likely end up with less money and fewer friends.Answer #3: You don’t need to have a job that offers health insurance to purchase health insurance.

Also it sounds like it was an accident. There was an obstruction in front of you and it sounds like you were going too fast/following too close to react appropriately. Why do you think they’re responsible?


Title: Bladder Nicked During Routine C-Section

Question:
My cousins wife had to have an unplanned c-section done. During this procedure her bladder was slightly cut by the doctor, which led to an extra day at the hospital and a surgery done to fix her bladder.
They were wondering if they could sue the hospital, just to get the money they spent on the unplanned extra day and procedures back.
Topic:
Medicine and Malpractice

Answer:
 Not every medical mistake is malpractice. Accidental injuries are one of the risks of any surgery, and the surgeon will have discussed those risks with the patient before the surgery. That discussion is part of the whole consent process.

The patient can always attempt to sue, but in order to prove malpractice, they would have to show that the surgeon failed to follow the normal, accepted standard of care. That is a complicated question that requires consultation with an attorney and a medical expert. Nobody here can give you a good answer about that.Answer #2: Bladder nicks happen in c-sections; probably they're among the most common 'serious' complications of that surgery. I sometimes assist and have seen it occasionally, and given the anatomy I'm kinda surprised it doesn't happen more often.

They're a risk of surgery and I haven't heard of an obstetrician successfully sued for one (or even seen them stressing at all if it does happen), but my jurisdiction isn't the same as yours.


Title: (Thought experiment?) Is using an AI to guess lottery results illegal or against the rules?

Question:
(Hypothetically) If someone wrote a program that could guess the lottery numbers, and made millions of of it, would they be breaking any laws/rules? I know this is only half legal advice, but I’m more interested in the potential legal repercussions.

(In this hypothetical scenario)

(Because you can’t do that)

(At all)

Answer:
 > If someone wrote a program that could guess the lottery numbers,

then in most jurisdictions the lottery would have to be decertified. Most jurisdictions require that the results have a uniform distribution and zero correlation, which are properties that render the kinds of bulk statistical analysis that powers machine learning impossible. Mathematically impossible. Predicting the results by algorithm is positive proof that the lottery is rigged in some way, whether by design or by accident.


Title: (Australia) if I can't prevent my rapist from seeing my child, can I at least protect myself from having to facilitate the visitation?

Question:
I was suggested to post here by an internet friend but I don't see an aus specific one so I hope this is OK.  I am in NSW.

3 years ago (Oct 2016) I was drugged and forcibly raped at a year 12 ball after party, by someone i had previously turned down for a date. I was taken to hospital (as I wasn't drinking the fact that I was passed out unresponsive raised alarms) and a report was filed although I got talked into not filing charges against him.

When I found out I was pregnant I did ultimately decide to keep the baby. She is now 2 and a half years old. After she was born he filed and got part custody of her; the judge said that due to our "conflicting stories" he couldn't in good conscience prohibit him from seeing her. He is meant to have 3 visits of 90 minutes each per week. He doesn't always take them  but when he does I am supposed to facilitate it. Obviously not only is this traumatic it's also exhausting. He pressures me to pretend like we're normal co parents and we are not. I can barely look at him much less carry on a conversation. He says terrible things to me at visits as well and generally makes me feel uncomfortable.

If he has to see her, is there something I can file that says someone else can take her? I really cannot handle it anymore.

Answer:
 Try  /r/AusLegalAnswer #2: You are beyond brave, courageous, and fierce.  What a stunning decision by the judge.  I am so sorry you have been put in this position.  However, you are stronger than you know to be reaching out to ask how to change your situation.

I don't know Australian law, however, I wonder if there is some way to terminate his parental rights based on the fact that he raped you and continues to retraumatize you, which in turn effects the child.  In the best interest of the child, if there is a neglect, abandonment, or abuse clause that could support the termination, it may be the route to go.  You may want to contact public legal counsel to see what options you have and if there's protection you can seek (perhaps a restraining order or protective order) so that if he retains visitation, it has to be supervised by a third party (a therapist or social worker you feel comfortable with would be an excellent choice).

Also, reaching out to support resources is going to help manage your sanity.  The more public support, perhaps from domestic violence agencies, social workers, churches, whatever outreach you can think of, the more you will have people there to help you through this, whatever *this* may end up being.

You got this...you are one helluva strong woman...one day at a time, one minute at a time, one breath at a time...


Title: [MA] My friend's boyfriend committed suicide and his family wont allow her to see his will

Question:
My friend, Judy* is 54 years old, previously divorced 18 years ago and had been dating Jim* for over 12 years. They were on and off for that time, but never apart more than a few months.

They never legally or officially lived together or owned property together.

Over the last 6 months, Jim became severely depressed and Judy spent nearly every waking moment with him, taking him to psychiatrist appts, ERs and therapy. She was the only one by his side.

Unfortunately 1 month ago, Jim committed suicide.

Judy says that Jim made several comments to her before that he would "take care of her" and "would never forget what she had done"...

Jim's family (3 sisters, 1 brother) is unfortunately acting a bit standoffish and refused to have a memorial service and now refuse to allow Judy to view his will.

Judy is convinced he left something to her in his will. He owns a home (paid off), several cars and boats. Judy was laid off from her job about 1 month before Jim passed due to recurrent absences taking care of him.

For context, Jim was never married and never had children.

Does Judy have any legal right to see his will? His sister also claims that "it wasn't signed " but does this mean anything?

Answer:
 If your friend believes there's even a small chance she may have been named in her boyfriend's will, she's in a good position to compel the estate to disclose the will to her. If the executor isn't cooperative, an estate litigation attorney can help her.

If the will is not valid, then it isn't relevant to the probate process at all. They can't simultaneously argue that she was excluded from it and therefore gets nothing and that his will is invalid. They _can_ take the position that he died intestate and therefore that she has no standing to receive anything, but they may have to document the efforts they made to discover whether he had one, and to explain where this unsigned not-a-will document came from.


Title: Will a bench warrant (for failure to pay a stop sign ticket) show up on a prospective employer's background search?

Question:
Hey there, I am so sorry if this is in the wrong place but I really didn't know where else to ask. Please feel free to point me in the right direction if so :)

I'm a married mother of two living in Louisiana. I graduate in six days with my bachelor's degree in secondary education. Now is the time that I'm supposed to be interviewing for jobs, which of course will include fingerprinting and all that jazz through the school board's central office.

Two days ago a police officer came to my house to inform me that there was a bench warrant out on me because I forgot to pay for a failure to stop at a stop sign ticket that I got last year. I know, it was very irresponsible of me to do that, but I was super stressed out at school and my kids were involved in tons of activities, etc. I really am a super responsible person and I'm so embarrassed and mad at myself for letting this happen.

The officer told me I need to take care of the ticket and warrant ASAP, and I thanked him profusely for giving me the chance to do so and not taking me to jail right then.

I am planning on paying for my fines and other fees within the next two weeks, because my husband will be getting a bonus at work and we really won't have the money to do so until then.

My question is this:  If I do go submit my application to the school board tomorrow,  which I really need to do so I can start interviewing with principals for the next school year, will my warrant show up on the background check that central office will do? If it will, I'd much rather wait until I take care of it in two weeks. If not, I really should get a jump on the application process.

Thank you very much for reading this, and for any insight you may have.

Answer:
 > will my warrant show up on the background check that central office will do?

Almost assuredly yes.  Most regular background checks will show active warrants, and education background checks(which are usually more in-depth) definitely will.

It may take more than two weeks for this thing to clear up, though.  You might be better off submitting your application with an explanation.


Title: Land lord charged me $530 cleaning bill when I vacated my one bedroom, 600 sq ft apartment

Question: Just wanted some advice if this sounds right. This is my first apartment, I had a $815 security deposit put down, I lived in a small 1 rm apartment with my husband and two dogs. We got our deposit back today and we received $256.00. The apartment was just so tiny, I can't see the cleaning bill being that extreme. It said she was charging us for her having to have the dog hair removed from the home, and grease stains removed from the kitchen. We swept up the house, it wasn't a mess with dog hair, maybe some hair along thr baseboards. And the kitchen had no ventilation, so there was some grease, but again, we did clean some of that up to. The grease cleaning, I can understand though. But does $530 sound fair for a bill of that nature? she didn't send us the receipt, so I don't really know if it's accurate. Should I ask her for a copy of that receipt? Or does this all sound legitimate? I've never left an apartment before so this is all new to me.

Answer:
 sure, you're entitled to ask for a copy of the receipt to make sure she's not billing you $530 for $300 worth of cleaning.

I would say that sounds high for a 600-sq ft apartment too although 2 dogs can take a lot of cleaning -- and as a dog owner myself: you get used to the hair and odor that comes from them.


Title: Should I report my uncle?

Question:
Location: Michigan USA

When I was six (I’m 17 now) my uncle raped me. I had blocked out the knowledge until I was 16 and even now I can’t remember exactly what happened. My sister said that he once tried feeling up on her but she ran away from him. I’m not sure if I should go to court because I don’t want to see them declare him not guilty, I can’t deal with that. My family for the most part stands by me and I have a crippling fear that he has either done it to someone else or will do it. I want to see him put away so he can’t do it to anyone but I just don’t know if I have a good chance of that happening.

Answer:
 Do it. If only to make people aware of him.

Chances are indeed that the case will be dismissed because he pleads not guilty and you can't produce any witnesses other than your sister (if she is willing to testify to the 'feeling up'). However it could also trigger the exact opposite, and some or all of his victims will come forward, assuming you are correct that there were others.

There's this old saying "if you try you can fail, if you don't try you have failed already". I think it fits the situation nicely. Trying to get justice for you and others should be the ultimate goal. Don't let that ******* get away scot-free.


Title: Neighbors neglect their dog outside in the heat

Question: Hi. My neighbors have a dog who I'm pretty sure is mentally challenged because he always runs around in circles with his tongue out.  They always leave him outside, and it has been pretty hot out recently and the poor dog is still out side in this heat :( Is there anything I can do, because I feel like it is animal abuse to have a dog and only leave it outside? Should I report them?  I'd wanna do it anonymously though.  Also they've left the dog out all by himself when they were burning trash. They also have a few other dogs that do go inside but whenever they are outside they bark and then if the owner see one of them barking they just yell at the poor thing to shut up.

Answer:
 Call Animal Control to report it and see what they say.

Also, running around with his tongue out doesn’t mean “mentally challenged.” That’s just being a dog.


Title: My mom wants to put me in a group home but I moved out way before I could get placed into one

Question: My mom said she would put me in a group home because she thinks it's OK to back down as a parent, but I moved out on April 2nd of last year and it's because I want to do things on my own live on my own get a job have a boyfriend have a life of my own and yes I have a son and I live with my boyfriend John and his mom because of her poor decisions as being a mom but she won't give me my birth certificate my social security card and she's being so stuck up for real what do I tell these people who do I write to get me off the waiting list because I'm no longer living in New Jersey anymore I'm living in Delaware can I email these people.

Answer:
 The birth cert is hers. Apply for and pay for your own.

Assuming you are a minor, she can send you where ever she chooses. You are a child. But really, no one can force you into  a car without a good reason and the police (assuming you are close to 18)Answer #2: How old are you?


Title: Arrested For Taking Pictures of Police In Brazil! Legal Remedies?

Question: [removed]

Answer:
 GTFO out of Brazil I guess.

> US citizen protected by the constitution.

You think the US Constitution applies in Brazil?


Title: Husband was recorded at work (WA)

Question:
My husband works at a box making factory. He works second shift which starts at 2pm. He's good at his job and he's pissed of the entire first shift by showing them up. (First shifters are 20 year employees that are shit at the job.)

 Well today he shows up and starts setting his machine up and his supervisor comes over and starts to chat with him. After about 20 minutes his helper walks over to my husband and points at the ceiling. Everyone one looks up and they see a box sitting higher up over his machine with a hole cut onto it. His supervisor climbs up to take the box down and looks into it and they see a cell phone taped into it. They look at the phone and see it has been recording for atleast 25 minutes. They immediately take it to the higher up who figures out that it is a company cell phone and therefore knows who it belongs too. The higher up said thank you amd said he'd take care of it.

I'm in slight shock. It was the first shift supervisors phone. Everyone thinks he was trying to catch my husband doing something against the rules. All I know is he feels creeped out and hes worried the company wont do anything. (Which they are good at not doing anything.) If they don't is there anything we can do? Like file a police report? I feel as if recording people without their knowledge is illegal but im shit at law lol.  Any advice on what to do would be great.

Answer: Yes, he can file a report with the PD as Washington is a two-party consent state.


Title: Wife wants a divorce suddenly when i found thousands of recent texts with a past fling. Please advise on divorce process.

Question:
I'm 30 yrs old living in Las Vegas. My wife is 29. I moved here with my wife from Northern California to be closer to her family and for the lower cost of living. We've known eachother for over 15 years and we are in our 5th year of marriage, 10 years living together. This week i found out, by reviewing her text message detail with our cell provider, that she was texting another man thousands of times over the past several weeks. I come to find out that this man is someone that she's slept with previously about 10 years ago when we were just dating. He is recently divorced and moved back to Las Vegas. Two days ago I confronted her about it and she deleted all of the text messages from her phone and insisted that he was just an old friend and nothing happened. She said that he was a good ear to listen to her problems and that i was over reacting. I got very upset and said some things i shouldn't have said to try to make her feel bad for hiding this from me if it was truely innocent. She begged me to forgive her and move on. Now today she's pressing for a divorce on the grounds that she doesn't love me anymore. We have a daughter that is almost 2 and a half. My wife and daughter are my world. I can't bear to lose either of them. She doesn't want to take any steps toward counseling, she just wants an amicable divorce and for us to be friendly and jointly raise our daughter. I'm not taking this well. I haven't eaten in 2 days and i have cried more in those 2 days than in my entire life. I am scared of the divorce process and need some advice on what to do. We own a nice home and she's agreed that we need to sell it. She says she doesn't want to screw me over in the divorce by making me pay spousal support and she just wants to be alone and be friends and raise our daughter. I really need some advice. Thank you for reading this.

TL:DR - Wife of 5 years wants a divorce suddenly saying that she doesn't love me anymore after 15 years of knowing eachother and 10 years living together. She potentially cheated but won't admit it or say that's the reason for the divorce. Please advise.

Answer: Don't get advice from her or her divorce attorney. Get your own lawyer and try to be as amicable as you can. You can only keep those who want to stay. She doesn't. So mourn your loss and let her go. Love yourself even though she said she no longer loves you. Others will. I was in your boat not so long ago. Life is so much better for me once I moved on. You can, too. Best of luck.


Title: Hours slashed... if I challenged it, would I be legally in the right?

Question: [deleted]

Answer:
 You have to be paid for hours worked.

There is nothing illegal about scheduling you for fewer hours unless you have a contract or union agreement that guarantees otherwise.

Your stunt and plans to "let my boss hear it" are only going to guarantee that any reference check for this place is going to be extra super negative.Answer #2: You must be paid for all hours worked, but you're absolutely going to get fired over this and there's nothing illegal about that.

And you should never use this place as a reference.


Title: Who owns the art I own? [Arizona] [United States]

Question:
So the general legal question here is this: If I legally own an original piece of art - i.e. an artist painted it, but I bought the only copy of it in existence - who owns the rights to the image? If I wanted to use this painting for some purpose other than hanging on my wall - for argument's sake we'll say in an advertisement - would I need the original artist's permission?

Supposing the original artist owns the rights, in the specific case that makes me want to know this, the situation seems like it might come into play: the painting was traded to my (great?)-grand-uncle during World War II by an Italian man who was starving, in exchange for some of his rations (I guess he wouldn't just take his charity). It was then inherited by my grandmother and recently given to me as a gift. Who owns the rights? The man's heirs? My grandmother? The Italian Government? The United States Army?

Thanks!
Topic:
Intellectual Property

Answer:
 You own the art. The author owns the copyright.

However, given the timeline you describe, the copyright may have expired.

Regardless, you having obtained physical possession of it through legal channels gives you implied license to display it.


Title: Is somebody a murderer for taking pills from somebody that they need to live

Question:
Note: this is a throw away account

My grandmother had pills she needed in order to keep pain and her injury form killing her (metaphorically and literal) and she had to stay with my aunt who after a while took her pills to her high. I just want to know if there is anything legal I can do against her I don’t want to sue her for every penny but I want her to get mental help for her issues (she has much MUCH more issues) but I hold her responsible for her slow and painful death
Topic:
Medicine and Malpractice

Answer: Theft of controlled substances in the form of prescription medicine is a crime. It can be reported to the police.


Title: [LA] Niece accused her dad of sexual abuse; no charges have been filed but everyone is telling my sister and her husband that by law, their child can NEVER have contact with her dad again unless she recants.

Question:
Title.

On my phone so apologies for any weird formatting or errors.

Last week, my niece spoke with a school counselor and confessed that her dad had touched her inappropriately.  It’s still not clear to me how this conversation was initiated or for what purpose. But at some point, she sat down with a school counselor and told her that her dad sometimes touched her on the butt and one time put his hand under her shirt.  My niece also said that her mom (my sister) beat her and starved her.  I do not believe these allegations myself, especially that my sister is beating/starving her child.  It is just NOT happening.

DCFS was called immediately and began an investigation.  My niece was examined by a doctor and questioned at length by the doctors, social workers, and police.  DCFS also interviewed my other niece and nephew who are in the same home.   They were very clear that they’ve never witnessed or experienced any abuse themselves.  Absolutely no physical evidence of any abuse was found for any of the children .  But my niece insists she was abused.

In the course of the investigation, my sister learned from DCFS that because these allegations have been made, the state doesn’t actually need any physical evidence of abuse to charge and prosecute  my BIL.  In fact, they say that unless my niece recants, she is never allowed to have contact with him again.  Solely on the basis of what she claims to be true, not based on any evidence.  This doesn’t seem right at all.

Right now, BIL is staying with friends and my sister is dealing with all of the children alone.  My niece has (strangely, to me) been pestering my sister about her dad, wondering why she can’t talk to him and wanting to know when she gets to see him again.  My niece is 13, which makes this even more weird to me - in theory, she should be old enough to understand what is happening here but she seems to be clueless.  She also doesn’t seem to be reacting to the gravity of the situation at all and doesn’t seem to understand that she will not see her dad again.  My sister says she is happy, fine, normal, etc., like nothing is different at all.

There’s a few other extenuating circumstances that make me believe this whole thing is fabricated, including the possibility that my niece is suffering from a mental illness (she spent a long weekend in the children’s psychiatric hospital upon recommendation of DCFS) but I don’t want to reveal too many other details.

Suffice it to say we are all super confused about the plausibility of this supposed law that says my BIL can never see his daughter again unless she takes back her accusation.  Especially when it seems so unlikely that anything actually happened.

DCFS is closing the case. The police have not arrested or charged him with anything.  He does have an attorney because evidently it is typical for the state to at some point prosecute in situations like this.

I’m many states away and looking at possibly having to take my niece in and raise her because she won’t be able to live at home anymore with my BIL there.  My sister has two other children to take care of and they need their dad; dividing the household so my niece can remain at home is sadly not an option for them.

Does this sound right?  How is it legal that a state can  break apart a family on the basis of an accusation even though no evidence has been found and no charges have been made?  Is there any way to resolve this without requiring my niece to recant?

Answer: I think this is lawyer level stuff, and unfortunately I do not have any legal advice for you. I can say, however, that people can always surprise you, and not completely rule out that abuse might have occurred.


Title: Does an employment contract invalidate at will status? [California]

Question: If I accept a job and the employment contract says I'm working at will, is it valid?

Answer: An employment contract can, in some cases, modify elements of at-will employment. But if it specifically states you're an at-will employee then you are, same as nearly everybody else.


Title: 134 wedding guests and 1 rapist

Question:
Hi, a Google search didn't clear this up, so I'm hoping for some extra input from y'all.

Do we have an obligation to tell our guests we will have a felon/sexual offender present?

We are finalizing our guest list, 127 guests, half a dozen kids. My fiancé's aunt has fallen hard in love with a man recently released from his 25 year sentence for rape, who now shares this aunt's fervor for Christianity. I was told the victim was not a child. Not inviting him means burning a bridge, but damn if I don't feel uncomfortable with this situation.

A friend said we need to tell people he is a sexual offender if he is attending our wedding. Is that true? Thanks in advance for your input!

Wedding is in Iowa, the man in question is from Missouri.

Answer:
 You don't have any obligation.

It's worth pointing out the sex offenders who don't target children (non-pedophiles) have low recidivism rate. So do people over 35. And most sexual offenders victimize people they know well.

The real worry here is that he'll attack your aunt. Make sure you keep in contact with her. Look out for signs of domestic violence. Make sure she has a strong support system. Even give her pastor a call and fill him/her in.Answer #2: > A friend said we need to tell people he is a sexual offender if he is attending our wedding. Is that true?

No.Answer #3: As others have said, YOU have no legal obligation to inform anyone of his crimes. However, if you're uncomfortable with him for personal reasons (I would be) you can probably look up his crime online and see exactly what he did and use that information to decide whether or not to invite him. Also, if he and your fiance's aunt aren't married there is no polite obligation to invite him just because you've invited her.Answer #4: You have no obligation to tell the guests.

Also: He served his time. I realize you're uncomfortable, but please try to remember that he has been punished by the courts - and people can and do change. Maybe that thought might help the discomfort, even a little?

Either way, congratulations on your wedding, and best of luck to you and your future partner!Answer #5: No you have to say nothing... If he has certain rules he has to abide by, then he has the responsibility of following them.


Title: (OH) Me and a friend were planning on trying to sneak in to a major concert event, would there be any serious legal consequences should we (likely) be caught?

Answer:
 Trespassing and stealing come to mind.

As well as forgery if you make fake tickets.Answer #2: Trespassing and/or some form of theft charge comes to mind.

I will also add, drunk in public and some form of resisting arrest because that sort of idiotic behavior tends to come with trying to cheat your way out of buying tickets and getting caught.

Legal advice: Work and buy things like everyone else or you don't get them.


Title: Arrested 5 years ago for suspected DUI, case never went to court. Arresting officer has since died. Where is this going?

Question: Hello all, I was arrested in Atlanta 5 years ago for a defective taillight and suspected DUI.  I refused a breathalyzer, and went off to jail.  10 days later at the license hearing, the officer and my attorney agreed to knock the charges down to Reckless Driving.  Less than a year later, the same officer who arrested me was killed in the line of duty.  My attorney has given me very little to go off of in the last 5 years.  I'm not sure if there is a statute of limitations for this in the state of Georgia and my attorney has told me very little.  Basically tells me to just wait.  Thanks everyone.

Answer:
 This is what we in the business call a win. The likelihood of the county pursuing reckless driving or DUI charges now is vanishingly remote. You can probably stop looking over your shoulder. You lucked out. It's sad that the cop died, and that's what it took to work out for you, but don't go kicking the ant hill on this one. I don't know what the statue of limitations for a misdemeanor is in Georgia, but you're getting close to it.

Edit: it's [either two or four years](http://statelaws.findlaw.com/georgia-law/georgia-criminal-statute-of-limitations-laws.html). You said this happened five years ago, so it's over, don't worry about this. If you're feeling guilty about how you lucked out, check The officer's obituary and see if they identified a favorite charity and make a donation.


Title: Rubik's Cube patent? [USA]

Question:
I'm developing a game for PC that's essentially a digital version of the Rubik's Cube. The game consists of a Rubik's Cube 3d model that you can spin/twist/turn similar to a real Rubik's Cube, with some extra things like achievements, score, etc.

The game won't have any references to the actual name "Rubik's Cube", but the puzzle itself is essentially a Rubik's Cube puzzle. Will I run into legal trouble if I release/sell this game, so long as I call it something different like "cube puzzle"? Does a patent exist on the cube that would prevent me from releasing an identical 3x3x3 cube puzzle game?

Answer:
 You'd also need to be concerned if you would be violating a copyright of an existing software application.

I have a good memory, and remember having one on my Apple ][ in the 1980's.  Here it is:  https://books.google.com/books?id=fz4EAAAAMBAJ&lpg=PA43&ots=mHPAtKs0w8&dq=rubik's%20cube%20program%20apple%20II&pg=PA43#v=onepage&q=rubik's%20cube%20program%20apple%20II&f=false


Title: Fake Plane Ticket

Question:
So I’ve got a guy who wants to fly me out to see him.  This guy is really creepy and I have no intentions of seeing him.

Is it legal to take the money for the ticket and then block him?  (I know that it’s not ethical, but that’s besides the point).

EDIT: forgot to put the location in my bio — i’m in USA.

Answer: No, it is not legal to commit theft.


Title: Repeated continuance requests dragging out a frivolous small claims lawsuit [CT]

Question:
Greetings,

Members of my family are being sued in small claims court. There are 4 cases in total. We were originally scheduled for court in May. I’ve been requested as a witness. I took time off from work in May for the court date, and they asked for a continuance. We were rescheduled for June and another continuance was issued. We went to court finally in August, where one of the 4 cases were handled and flat out dismissed. Another continuance was requested in court as soon as the dismissal was issued. We are now scheduled to return in October, and have just received notice that our approval is required for yet another continuance.

These lawsuits are incredibly frivolous. An extended family member is suing on behalf of my Grandmother who has severe dementia. They are claiming that monetary birthday, Christmas and wedding gifts given by her were all actually loans, and she expects the money to be returned. They have absolutely no proof of the supposed loan, and the first case was dismissed as a result.

The prior continuances were issued without our knowledge or consent, besides the one issues in court. This one apparently requires our approval. What are our options? Can we refuse the continuance? What will happen with the cases if we refuse? We are all tired of requesting time off of work, being scheduled off for these dates and then court being pushed back repeatedly.

Answer:
 Presumably the judge has gotten tired of their antics and it's your turn to decide. The court doesn't really care too much if you two want to adjourn the case consensually until there's peace in the Middle East, but the court probably also recognizes that it's unfair to you to keep granting these continuances unilaterally. So it's up to you.

If you refuse, it's likely that the trial will be held as scheduled, and if the plaintiff doesn't show up, the case may be dismissed, most likely without prejudice (e.g. they can just refile).Answer #2: If you [download the webform for the continuance motion](https://www.jud.ct.gov/webforms/default.aspx?load_catg=Small_Claims), it suggests that both parties must agree to the continuance. My suspicion is that this person lied about contacting you when they filled out that form the first several times.

I do not know the pros and cons of not consenting to the continuance.


Title: [PA] Roommate threatening to starve my pets can I press charges if she does?

Question: [deleted]

Answer:
 No if your roommate says "I will not care for your pets 6 weeks before you leave."  board them.  If you leave town with no one agreeing to care for your pet , your roommate may be able to report you for animal neglect or  rightfully say you abandoned the animals.

Also the cat should not starve if the other roommate works, unless other roommate is doing 72 hour shifts  feeding a cat and dog at night and in the morning is not abuse.  I'm a little unclear as to why your roommate with the dog is not feeding her/his dog and wont feed your cat?

Depending on your lease you may not even be able to evict her.


Title: Boss refuses to pay NJ minimum wage

Answer:
 Have you actually received a paycheck with below min wage payed?are the tips reported in some form?

Employers are required to make up the difference based on reported tips so that you are receiving minimum wage

Dont jump so quickly to the DoL - wait until you receive the short paycheck and bring the issue up with the boss...if they refuse to fix the problem then you will have a caseAnswer #2: New Jersey only requires tipped employees to be paid $2.13 an hour, provided that the tips bring them up to the state minimum of $8.38 an hour.  However, this may be averaged over the entire pay period, not per shift.  If there are not enough tips, the employer has to make up the difference.

After she gets her paycheck, if salary plus tips doesn't average out to $8.38 an hour, she should talk to her boss, the company's HR, and the state department of labor, in that order.Answer #3: 1.  She needs to carefully track her hours and her tips.

2.  When she gets a paycheck she needs to be sure that the total is above minimum wage per hour.

3.  If it is not, she has a complaint she can file at the DOL.


Title: So I won my money demand lawsuit, what next?

Question:
Good morning,

I live in Colorado (more specifically Denver County). I had a money demand lawsuit filed against my old roommate who skipped out on rent. I did not go through small claims, but instead county civil division.

I (plaintiff) had them served properly, and when it came time to our first hearing, the defendant never filed an answer so I won the judgement by default.

Fast forward two months, the defendant requests a motion to set aside default judgement. We had our hearing and the judge denied the motion so the ruling stands.

I don't know where to go from here? Do I first file pattern of interrogatories, then the garnishment? Is there a time limit?

Thank you.
Topic:
Other Civil Matters

Answer:
 If you thought suing and winning was difficult . . . you're about to embark on whole new journey.  The wonderful journey of collections!

>  Is there a time limit?

Eventually your judgement will need to be renewed.  Likely it is good for 10 years.  Verify this.

Looks like Colorado provides some instructions and resources.  I'd suggest giving [these links and PDF's a looksee](https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=29).

Good luck!