Title: No building numbers or any other markings on buildings in large apartment complex. Serious concern about emergency services being able to find people.

Question:
This is in Kansas City, Missouri.
I mentioned this to the staff in the office the other day and more or less got a "whatever" response.

Is there some city agency I should talk to about this? Or push the issue with the staff more maybe?

Answer:
 The municipal code will state what is required for the complex.  And inspectors usually check commercial complexes at a minimum of once a year.  I would be very surprised if they are out of compliance.

You can call your local code enforcement and they will be able to let you know if they are in compliance or not.


Title: How do companies like the ones selling "qlink pendant" continue to operate?

Question:
I'm wondering how places that sell obvious woo with no scientific evidence while making health claims aren't prosecuted for false advertising and fraud.

The qlink people have been going for years for example - anyone know why this is? Isn't it fraud to sell these "devices"?

Answer:
 > For more than 25 years, customers have made Q-Link Pendants their #1 choice for experiencing the personal well-being, performance and quality of life benefits that our proprietary Sympathetic Resonance Technology™ enables. From colorful and practical to stylish and luxurious, our Q-Link pendant line has something for everyone's budget, taste, and lifestyle.

None of those claims appear to be medical in nature, and the products don't obviously meet the definition of assistive devices, so this doesn't fall under the FDA's regulatory requirements.

None of those claims, other than the "more than 25 years" one (which is true), appear to be objective or factual, so it'd be hard to bring a false-advertising complaint.

> Rod Hardy - Film & Television Director ["...Q-Link has assisted my focus and concentration... I never take it off..."]

So long as Rod Hardy did actually say that, it's legal for them to quote him on it. Rod Hardy isn't qualified to determine with any confidence whether his own claim is _true_, but it's not Q-Link's job to verify his credibility, either - just to be honest about who he is. (Had Mr. Hardy made specific medical claims about the device, Q-Link might be on shakier ground by quoting his endorsement, but this one's pure opinion.)

It's not illegal to sell copper coils in bracelets. It _is_ illegal to make medical claims without evidence or to sell medical devices without approval, but the company is careful to avoid doing those things. Their claims _sound_ vaguely medical or health-related, but are empty.


Title: I just got called fur jury duty. The prescreening questions were about asbestos and opinions of corporations. I am a nurse. Are nurses preferred as jurors in these types of medical cases or not?

Question: [deleted]

Answer:
 That depends.

In most trials they do not want someone who is an expert in the field to be on a jury because they may take their own educated stance as sacrosanct and ignore the evidence of the case, the directions of the judge, etc. because as a professional they feel they already know the truth and what is best. The lawyers want ignorant malleable minds who can be instructed on both sides and hopefully come to an unbiased conclusion.

Because of your background in nursing, they may quickly rule you out.

At the same time the lawyers are also hoping to get someone on the jury who have biases in their favor.  As a Nurse you may have seen the damage of asbestos first hand and so the damaged party may want you.  At the same time, as a nurse, the defending party may also want you because you will understand the complexities of the medical mumbo jumbo they're about to get into and not be swayed by emotional pleas held against hard cold medical facts.

Just go to jury duty. Be honest. And hope for the best.

You can also look into your state's extenuating circumstances that may excuse you from service - for example if you are a primary care giver to an invalid family member or a student (most states allow for that).


Title: [Ohio] Keeping unordered merchandise per FTC rules and notifying the company

Question:
I ordered online one of a $200+ item and received two by the company's mistake. Citing [FTC rules about unordered merchandise](http://www.consumer.ftc.gov/articles/0181-unordered-merchandise), I fully intend to keep the second item and have no intention of offering the company to send it back. My understanding is that this is fully within my rights to act this way.

FTC says I have no legal obligation to notify the company of this error, but to discourage the company from billing me for the mistaken item, FTC says it's advisable to write to the company saying that I intend to keep the mistaken item and that it is illegal for them to bill me.

My questions are:

1. Is my interpretation of the FTC rule accurate? I believe the rule was established to protect consumers from free trial scams, and the web page distinguishes between *"products received through free trials and then billed later"*, and *"products received by shipping error"*. But I believe that in both cases, I may keep the merchandise.

2. To protect from future litigation, does it hurt me to send the company a letter pre-emptively? Is it better to lay low and only send the letter if I get a bill/collections from them? Or is it better to send a letter now so they may be made aware not to bill me?

3. If I decide to send a letter, is there any other citation I may use for this law other than the above FTC web page? E.g., any citation in U.S.C. or other codes? I received the item in Ohio and the company is based in Connecticut.

Answer: In the case of products received by shipping error, the FTC tells you to tell shipper of the error and give them an opportunity to ship the item back free of charge to you. That is what you need to do.


Title: Jewelry Store Owner in GA

Question:
Hi there, I work in a small family owned jewelry store in Georgia. We had a customer beg us to custom make a ring with a stone we never carry. He gave a great sob story and asked for a 7 day refund option. All of our receipts on the bottom state "All sales are final".  We allowed it and wrote a purchase order but the sales associate forgot to write "7 day limit" on the receipt per our discussion with him.  The receipt from our credit card processing machine says "all sales final".

Lonnnngggg story short, he paid for the ring, took it to his girlfriend, they came in and tried picking out a different ring but got into a huge fight and she stormed out, he chased her out. They never took the ring with them. Fast forward a few weeks later and he asked for a refund "per our discussion". I informed him that he had 7 days originally, not weeks. He filed a claim with AMEX who ruled in our favor.  I told him that he can have the ring or store credit but he said he wants his money back. Now he sent a demand letter from an attorney demanding his money back.

In this case, which document governs, the receipt or the purchase order. Should we just refund him and deal with the fact that we have a custom made ring no one in their right mind would buy? Or do we have a leg to stand on?

TIA
Topic:
Contracts

Answer: You have ALL the legs to stand on, do nothing unless present with court paperwork. Stop communicating with the dude. Answer #2: Amex ruled in your favour, the receipts show all sales are final, and it's a custom order. The guy doesn't have anything. Keep hold of your documentation. If he threatens you with court, then you have your ducks in a row. Keep a lawyer on hand in case he wants to go to court. You made clear credit or the ring were the options and he doesn't get to pick option c) both of the above or D) whatever he feels like.


Title: [IA] I listed a home for sale, currently pending. Lockbox cut off without warning.

Question:
Anyway I (listing agent) have a listing set to close soon. It is in active foreclosure. No pmts made in a year.

Its under contract. There have been notices give to the homeowner regarding the foreclosure- but we hope to sell the home prior to that.

The company - Setarus - sent some people over who cut my lockbox and changed the locks. Afaik they havent actually foreclosed - as the recorded name is still my clients on the asseasors page.

Setarus has been a nightmare to work with -taking weeks to give us a payoff.

If this thing closes - do I have an action against Setarus for the damaged lockbox(value $120ish). My sign and phone number are still in the yard but they made no effort to call me to retrieve the lockbox.

Its about to slowdown for the winter and well, Im petty so If I can win - Ive got some free time coming up and Id like to sue them for the value of the lockbox.

Answer: You should file a police report, and if your client has an attorney for the foreclosure action make sure they know. Until the foreclosure is final your clients own the house and the lender has no rights to access.Answer #2: Is the house vacant?


Title: Lost my estranged father in another country and now I can’t get a death certificate and strange things happening on Facebook messenger

Question: So it’s slightly a long story that I’ll try to make as short as possible. I have been estranged from my birth dad for about 7 years now. I am his only blood relative alive now. He had been trying to contact me for the last couple of months on FB messenger since that’s the only way he could contact me. I haven’t responded and just read the messages and left them be. I got a call a week or so ago from his old room mate back here in the states (he moved to the Philippines from the US) saying that he passed away and I needed to handle his storage unit here so she wouldn’t be charged for another month of his unit. I called the storage place and they want a death certificate. I have tried contacting the US embassy with all the info and haven’t received anything back yet. I just woke up this morning to see that some messages he has sent me from his alternate fb were unsent around 4:30 this morning. Could his wife has access to his the to unsend the messages? I saw pictures on her fb of him cremated and they’ve been holding a little ceremony every day but seeing the messages be unsent last night kind of has me feeling weird. Why haven’t I heard back from the embassy. Also worth noting - his urn he is in isn’t exactly his right name. There is an extra last name on it and I have no idea where it came from. Why would they put an extra name on his urn that didn’t belong to him? Feeling like my father may have done something shady before he passed and I’m just trying to make sure I’m not roped into anything. Sorry if it’s long winded and doesn’t make sense. I can answer any questions I didn’t answer here. My brain is frazzled from all this happening right now.

Answer:
 Take a big step back.

You aren't involved in your father's affairs, and you aren't responsible for his storage unit. Even assuming every part of this is true, this bluntly isn't your problem to solve, and you can only make things more complicated by diving into them. His wife is perfectly able to work with either the consular services or the Philippine authorities to get a death certificate issued, and can deal with the storage service themselves.

It would also not be a huge surprise if this were a scam. Urgent messages at weird hours with no way to corroborate them is the perfect environment for the kind of confusion that lead to spending money solving problems that don't really exist, enriching someone else in the process.

You're not roped into anything. If he is gone, I'm sorry for your loss, and I'm sorry for the confusing circumstances of his passing. There's nothing you need to do, and doing nothing is the safest thing for you.


Title: Underage Driver with Alcohol

Question:
My GF is 21, but is medically unable to drive. Because of this, I drive her to the store whenever she needs something. Sometimes she buys wine or other alcohol. If I'm under 21 and driving, but she is holding the alcohol, could I still be in trouble for this?

Edit: Alabama

Answer: Is the alcohol sealed or in an open container? If your gf is sipping on an open beer or drinking out of the wine bottle, that's a no go. If its a corked and sealed wine bottle in the grocery bag with other groceries, and the bags are i  what is considered the trunk of your car, you're good. Answer #2: It needs to be stored in the trunk.  Many state laws close loopholes by going by what is _accessible_ to the driver.


Title: HIT BY TRUCK!?!?!

Question:
Hi guys!

So, I was just hit by a truck c:

Pretty much what happened was I was crossing a crosswalk with my bike. The crosswalk had a stop sign yet the man in the truck ran the stop sign and hit me. My bike was damaged critiically, my phone was broken, I missed work and will continue to miss work, and my elbows and knees are all bruised and scraped. I don't exactly know the extent of my injuries as it just recently happened. My question is, what is my best route when it comes to a reasonable amount of financial compensation? I really need help here because I am just a poor kid without much money and without much experience legally. Any help would be very appreciated!!!

Thank you

Answer: Well, go to the hospital and get some medical bills so you have something you can sue over. Get in contact with the driver's insurance company.


Title: What are some of the best ways to vet an attorney or law firm?

Question:
Just wondering how attorneys and ordinary consumers would vet an attorney, especially if you don’t have any word of mouth referrals? Attorneys is there a way to ver attorneys that most consumers don’t know about or use? Consumers, what are ways you vetted attorneys?

Sorry if this post doesn’t belong in this section. I’ll change it if need be, just wasn’t sure where to put it.

Thanks all.

Answer:
 Not an exhaustive list, but a few ideas:

1. Make sure they specialize in the area of practice you need.

2. Look them up on your state bar’s website and check for any prior disciplinary action and how long they’ve been in practice.

3. Google them. Sometimes you’ll find articles they’ve written (a good sign, usually) or times they were arrested (bad) or online reviews (take with a grain of salt).

4. Go to their office for a consultation. Is it orderly? Is it clean? Is the staff professional? Or does the staff seem frazzled or stressed?

5. When you meet with them, do they seem confident? Are they on time? Do they listen to your concerns? Or do they rush you? It’s ok if they can’t answer every question  right away, as many legal issues require review and research and it can be irresponsible for an attorney to answer on the spot without fully looking into an issue.

6. An attorney shouldn’t promise you a particular outcome, as juries and judges can be unpredictable, but he/she should be able to estimate your likelihood of success.

7. An attorney should be absolutely clear on his/her billing rates and practices. Find out if their work for you would be based on contingency or by the hour. If they’re hourly, find out in what increments of time (usually quarter-hours or tenths) they bill, and the cost of attorney time and paralegal time. Ask how soon after they do any work on your case will you receive a bill.


Title: Should I surrender my brother's gun to the police?

Question:
About 7 months back my brother overdosed on pills and vaguely suggested it wasn't an accident. My boyfriend happened to be visiting and found him at 2 am blue in the face- basically my mom asked that my boyfriend and I keep the gun (in a locked case) because she doesn't feel safe with it in the house.
So as of now, we've been having a lot of family issues. My brother and I haven't talked in over 2 months and relationships are very strained between my family and I. Out of nowhere my mom says that they urgently need the gun back. She says that his license is expiring at the end of the month and that "the police are involved".
My brother has had his fair share of legal issues and I just want to know why the cops would be involved in an expired gun license? I have the strong gut feeling something is very wrong here. Should I bring the gun into the police? I don't want my parents getting dragged down in whatever is going on.

Additional info-
He was living in Vegas when he registered the gun and moved back to NY, where we all currently live, about 3 years ago.

He was in some shady business where he had to seemingly flee Nevada out of nowhere, breaking his lease and driving across country back home after 9 months.

He came back completely different, very depressed and just off, and has never been the same.

I have no idea if he is in any legal trouble right now, but if there's some way to check please let me know.

Thanks for any help!

Answer:
 You are in a complicated situation, and, unfortunately, you need to seek the advice of a New York criminal defense attorney before you contact the police.

NY Penal Law § 400(3) prohibits you from possessing a handgun without a license. [This](https://www.nraila.org/gun-laws/state-gun-laws/new-york/) is a good plain English reference to the gun laws regardless of your political views. New York is notoriously strict about gun laws, which is why you need to consult an attorney.

If you are concerned about your brother's mental health, you should tell the attorney you consult and ask them for the best way to contact the police about it and to surrender the gun. I would not give the gun back to your brother.

Talk to an attorney **tomorrow** to avoid being in a precarious legal situation any longer than necessary. Do not talk to the police until you talk to an attorney. From the sidebar: "Lawyers everywhere usually offer low-or-no cost consultations."Answer #2: Assuming this is a handgun. If it's a long gun different rules.

Handgun permits in NY do expire every 5 years. There's little actual reason they'd need the gun in hand to do a renewal of the permit.

That said, if *you* do not have a permit for the gun you are equally in trouble.

Now, N.Y. Penal Law § 265.20(f) *does* allow you to surrender a weapon with immunity as /u/crackeddryice suggests. You need to do that properly. An attorney consult is a good idea for that.


Title: Did Chris Hardwick commit a crime?

Question:
https://medium.com/@skydart/rose-colored-glasses-6be0594970ca

In this article, his ex Chloe gives her account of what their relationship was like.

**Let's assume that her story is 100% true. Did he do anything illegal or not?**

Couple of important sentences:

*By this time, like I said, I was terrified to piss him off- so I did what he said. Including let him sexually assault me. Regularly. I was expected to be ready for him when he came home from work.*

I'm really sure if the "be ready", "let him", and "I did what he said" parts indicate consent or not. Your thoughts?

* One night he initiated, and I said, “I’m so sorry, can we not tonight? I’m feeling really sick.” He responded, “I just want to remind you, the reason my last relationship didn’t work out was because of the lack of sex.” It was a veiled threat. I succumbed.*

That seems coercive to me, but would it be criminal behaviour?

Answer:
 No.
Threatening to dump someone is not a crime.
You dont "let" someone regularly sexually assault you.

All of this is way too vague


Title: My fiance got a DUI last night in Michigan.

Question: I'm out of town for work in Detroit and my fiance went to the bar with some friends. Thought she was fine to drive and did. Of course she got pulled over and blew a .15.  First offense. I bailed her out this morning and we're both kinda freaking out. Honestly it's all bad but really all I care about is keeping her out of jail. What are our next steps?  Should I hire a lawyer? Should she just plead guilty and hope for the best? Again my main priority is keeping her out of jail. Thanks.

Answer:
 If this is her first offense it is fairly likely that her attorney can see to this ending without jail time.

But she absolutely needs an attorney.


Title: [Massachusetts] allowing homeless to sleep in a vacant building?

Question: The laundromat across the street from me just closed up shop, and the building/lot is up for lease. To put it simply, I've thought about buying it up and turning it into a de-facto homeless shelter. Since the area is likely zoned for commercial, is there any regulation against letting people sleep there temporarily as needed? What would I have to do in order to just get the doors open, money not being an issue?

Answer:
 > Since the area is likely zoned for commercial, is there any regulation against letting people sleep there temporarily as needed?

Almost certainly. You'll need to read the actual zoning regulations that apply, but provisions blocking both temporary and permanent residential occupancy of commercial properties are fairly standard.

If you want to open a shelter - and please, do, we need more - work with an existing shelter to get started. They'll have done this before, and can point you in the direction of a lawyer and in the direction of appropriate insurance. Note that you'll likely need a zoning variance, which in most places means you'll need to go to a community hearing of some kind and to notify the neighbours - expect pushback, since most people immediately equate "homeless shelter" and "lowered property values."Answer #2: This is a nice idea. But unless you want to be an official, permitted, fully staffed and insured homeless shelter, this is a profoundly terrible idea. Like off the charts.   Like, a drug use,  prostitution, feces on the wall and used needles on the sidewalk bad idea. Answer #3: That's a nice thought but you're going to run into all sorts of issues. You can't just buy a building and let people sleep there. Not even considering the zoning issue, you will need insurance. Somebody is going to claim they got hurt and sue you. If you want to help the homeless and have the resources I would suggest a more effective way to help would be to contact an existing homeless shelter and see what they need.


Title: Virginia - Starting my own company (retail/service based) and am very into fitness. Can I legally require my future employees to pass a standard fitness test to maintain employment?

Question:
I'm starting my own retail/service based business in Virginia. I have been into fitness since I was a freshman in high school and would like to require that my staff be able to pass a military style PT test (sit-up's/push-ups/2 mile run) once a year just to ensure they care for their health. It would be stated clearly in the job listing as well as in their contracts, and made very clear as to what is expected. I won't try to hide this from anyone and will make it very clear that repeated failure could mean termination.

Could any of you law smart folk poke some holes in this idea balloon for me?

Answer:
 You cannot require this of any employees that have an ADA claim. Imagine an employee that is missing part of a leg, or even someone who as asthma. That would be illegal discrimination.

Typically, the big ones are: race, religion, gender, sexual preference and identity (some states, not sure about VA off the top of my head), national origin, and ethnicity. Beyond that you cannot discriminate against those with medical disabilities, physical or mental, so long as the accommodation is reasonable. While nothing I know of says "If you cannot do 37 pushups in 2 minutes, you will be fired" is illegal to do, in practice I'm guessing it will be damn near impossible to enforce.

In addition, there is a potential age discrimination factor. You cannot discriminate against those 40 and over. A physical test for a job that is not physical may well run a foul of this and land you with an ageism suit.Answer #2: Probably not, as it would almost assuredly discriminate against both the elderly and the disabled.  Unless you can provide a compelling business reason that your employees NEED physical fitness of a certain level in order to do their jobs.  Which, for a retail store, is basically impossible.


Title: Michigan - Staff complaining about LGBT coworker

Question:
I co-run a small company with my wife and we have 9 members of full time staff. Recently a member has come out as LGBT (I don't think this a big deal) but 6 (all long term staff) employees have complained and would this this person (young graduate only been here for 8 months) fired.

What is the legal situation regarding this, we would rather keep 6 employees happy and unfortunately let one go?

In our Q3 report, I have a feeling based on performance this employee will be close to the bottom, as long as we fire them alongside any employees who perform worse, can we avoid any discrimination issues?

Answer: You need to consult with your business attorney, not the internetAnswer #2: Legal advice, speak to your attorney on the matter. Personal and professional advice, time to be a good employer by standing up for your employee. Have a discussion with these folks that what they're on about is not appropriate for the workplace and can be met with disciplinary action if it continues. If the other employee is actually not performing well, time to enact performance improvement plans to give them a chance to improve and become a valuable member of the workplace. If you actually have no problem with this employee other than performance issues, do not let a few whiners dictate your actions. Business and professionalism matters, not their feelings.Answer #3: [This webpage](https://en.wikipedia.org/wiki/LGBT_rights_in_the_United_States#Employment) suggests that private employment is not affected by LGBT legal protection in Michigan. But that wouldn't prevent the employee from suing under a plausible different theory, such as sex discrimination. Nor would it prevent a public shitstorm from hurting your business.


Title: Boss forcing employee to pay their own h1b, and holding it against them

Question:
Throwaway account here. Thank you for any help!

My girlfriend is in a tight situation right now. Below is her explaining the situation

====================================

Location: Austin, Texas
Visa Status: OPT

I worked for this small company for six months. Before I got hired, I was told by my boss that she was willing to sponsor me, but I need to pay for the legal and processing fee since there is no way for the company to have the ability to pay for that. At that time I wasn’t thinking to much and just wanted to get a job to start with it. After I started the job for a month, I realized that my boss is doing things her way, because my boss paid everyone under the table, which not through payroll but by paycheck, so I wasn’t sure if my boss had deducted tax in the paycheck, because the amount I was told I would get in the beginning showed up exactly the same on the paycheck. And paycheck was never paid on time, everybody needs to go up and ask my boss for the paycheck.

My boss never gave me any form of document like contract to indicate a employee-employer relationship. Even though I asked, my boss tended to delay it. So a month ago my boss found another person to in place of my position, but the company can still help me process my H1B as my boss wanted to be “nice” and wanted me to be able to stay in the country. this is highly illegal, so I didn’t want to process H1B anymore. Moreover, I am on the process of getting I-135 visa now.

The issue is now she is asking my SSN and all sort of information to file 1099 tax form. I asked her to clarify the status of my job, she is telling me that I was hired upon as contractor, which is not true, since I didn’t even know I was hired as contractor in the beginning, nor there is any contract involved. She is so urgent to obtain my information now that she said if she didn’t upload the tax form I will be in trouble from IRS for tax issue.

~~So the question I have now is that I don’t trust her and I do not want to provide her any information. I don’t want her to get any sort of benefits like tax deductions for the company through me either. If I insist on not giving her all the info, will I get into trouble from IRS that I am not paying any tax~~?  (correction: she meant can her boss withhold her lsat entire paycheck for tax or performance reason? My gf will receive 1099-MISC, her boss never made her sign any formal employment agreement, so my gf is unclear if she's an acting contractor or employee).

====================================

Besides her question (which I believe we have to provide her boss with my gf's SSN no matter what for tax purpose), I am also thinking of reporting her illegal h1b actions to the department of labor (maybe UNCIS?). Her boss' company is relatively new (started in 2014), and lets just say everyone who work under her boss is either 1) coerced via h1b sponsorship (which they pay themselves) to stay in the company and not reporting her or 2) not exactly the most bright individuals, from what I can gather, so they never thought voicing their rights to the proper authority. I have backed up all my gf's work emails, and we even have evidence of her boss making her employees pay for their h1b through an invoice. What is even more strange is that my gf got laid off and she still have not received her last paycheck - while even after she got laid off her boss still promised to sponsor her to h1b (which makes no sense). And lastly we believe that her boss never withheld any of her pay for tax purpose, so she want to keep my gf's last paycheck for tax purpose (which I don't think is legal, or necessary).

Thanks!

Answer: It is indeed against USCIS regulations to make H1B employees pay for the processing of their visa. This isn't legal advice, but there's probably not much she can do that will actually benefit her in this situation. Companies forcing foreign employees to pay for their H1B is surprisingly common, and refusing to pay for the H1B could very well just lead to the company not sponsoring her at all. She should be careful in the steps she takes going forward and weigh her options and the potential consequences for how she goes about this situation.


Title: Landlord increases rent a month into my 12 month lease, I ignored it and continued paying the contractual rent, and they're now saying I owe a balance. Options?

Question:
So I signed a lease for my apartment in September. The language in my lease says that my rent is $900, but there is a $50 discount if I pay before the 4th, effectively making my rent $850. I pay on time every month. Well the beginning of November I get a notice on my door saying the owners just got back from the tax assessors and their taxes went up so they're raising everyone's rent. I've worked in the real estate industry for ten years, and figured there is no way this is legal or valid, filed it away, and continued paying $850. My reasoning is it's a binding contract and they can't increase rent without notice and me agreeing to it, otherwise what's to say they can't give me a notice that says my rent is now $5000? Well, the other day I receive a notice on my door saying I owe $400. I call to inquire why and they explain I havent been paying my full rent plus late fees etc. I say I don't reconize the validilty of the rent increase and didn't agree to it. They say there is language in my lease that justifies it. What can/should I do?

Update:
I had another set of eyes go through my lease and we found there is a clause that allows for a rental increase in the case of a tax increase, so long as the lessor provides. 30 days written notice. My notice is dated October 10th, with the new rental amount set to be effective November 1, so not 30 days. Is there anything worth pursuing in that detail or am I out of luck?

Answer:
 > They say there is language in my lease that justifies it.

Well, is there?Answer #2: C'mon, tell us your jurisdiction.    You're correct for every jurisdiction under English common law, but maybe you're someplace where landed gentry get special contractual rights.

Ideally you'll send them a formal response explaining that you do not agree to the change in rent and will comply with the terms of your existing lease.

Whether you end up fighting an eviction suit (and probably winning) or paying and then filing a suit against them for the overpayment depends on the practical effect of an eviction suit in your jurisdiction.    In some places, simply being named in one tarnishes your rental history, so you need to pay and then dispute the overcharge separately in a different court.Answer #3: IS there language in the lease that supports this?


Title: I've been planning on filming a documentary about my local ambulance service, including riding along on live calls. Is there any way to do this without violating HIPAA? (Maine)

Question: [deleted]

Answer: You should make sure the ambulance service will allow you to do this before you spend time worrying about the legalities. They very well may be against it.


Title: (IL) judge wants me to bring back proof of insurance on a rental car I was driving

Question: I got pulled over for no insurance while I was driving a car from driveago, they told me they’d pay the ticket but never did. I was banned from them so now I have no way of getting a copy of the insurance since my account was banned. Is there anything I can do to get around this? Or should I just pay the no insurance ticket

Answer: Driveago would have to respond to a subpoena to provide records from your account.


Title: [KY, USA] Neighbor is disputing my boundary survey

Question:
I had a survey done so that I could put a fence up to stop my kids from being able to run out onto a fairly busy road.  My neighbor behind me immediately had his surveyor from 10 years ago come back out to stake out his property line.  There is a dispute over an area about 5 feet x 35 feet.

I'm not going to pay a lot of money to go to court to fight for this piece of land.  It's ridiculous to me that my neighbor had someone come out to fight what was staked off.  [Here is a map of the area, showing our property lines and the disputed area](http://i.imgur.com/bFZqbke.jpg).  You can see that his property is at least 3 times as big, but he's not willing to give up a foot.

I asked him if he wanted to split the difference, but he said no.  I told my surveyor about it, and he stood by his work and recommended that I speak to an attorney.  Are my only options to go to court or give up the land?
Topic:
Real Estate law

Answer:
 Boundary disputes, even over a few feet of land are a big deal when it comes to selling your property so I quite understand why your neighbor is taking this approach.

Speaking to an attorney doesn't necessarily mean going to court, but I can't see you have any other option if your surveyor and his disagree about the lot lines.Answer #2: Do you have a mortgage?  Your lender may require you to defend that property.Answer #3: I would call your surveyor back and ask him to speak to the other surveyor. Between the 2 of them, they should be able to resolve the issue.Answer #4: How long have you owned this property?  What does your deed to the property say in regards to the boundaries?

Depending on how this all went down, you may have a title insurance claim.  You likely had this when you originally bought the property, and still do.  You should contact them, and talk about this issue with them before getting your own lawyer.  They will fight for you to get what you rightfully deserve, because they are on the hook if your title is screwed up or the full ownership of the property as dictated by the deed is impaired by this.


Title: Am I screwed here?

Question:
A couple weeks ago my daughter had a sleep over with a few of her 17/18 year old friends. They came over and hung out, watched movies, went in the hot tub, etc.

Normally I let my daughter have a beer or two when she’s home with us hanging out. Well during the sleep over my daughter and couple of her friends ended up having a few drinks.

Flash forward to the next day I wake up to sexts from one of my daughters friend claiming we hooked up the night before.  She’s 17 and I’m 38.

My wife had gone to bed pretty early and I don’t remember much after midnight.

I DOUBT I had sex with this girl. I’ve been ignoring her texts and blocked her since Saturday but she’s continuing to escalate.

Today she messaged me on Facebook saying she going to go to the police to “get me back” for taking advantage of her.

I don’t know what to do at this point. I don’t want to go to the police because I let the kids drink.

Do I have any protection here? Could the still get my DNA if we did hook up? Am I looking at big trouble for letting them drink? Should I just ignore her until she stops?

I do have a vasectomy so there’s not chance of pregnancy. What should I do here?

I’m in OR if that matters.

Topic:
Custody Divorce and Family

Answer:
 You need an attorney.

Immediately. Do not communicate with anyone including the police without your attorney’s input.

Answer #2: What do you mean by you doubt you had sex with the girl? Are you saying you got drunk with a bunch of teenagers and blacked out?

Answer #3: Don't talk to her or the police, and hire a criminal defense attorney immediately. You're gonna need one. You may also want to hire a divorce attorney as well, since you may need one of those too.Answer #4: This has troll all over it.Answer #5: OR attorney here.

Listen to everyone else here.  STFU.  Please do this and do not attempt to communicate with this person again.  Save your texts and get ready to speak with someone from law enforcement if it goes down that route.  You should speak with a criminal defense attorney and get one on retainer as soon as you can.  You are already digging yourself a hole by having spoken to this girl already, do not do so any further.

Contact the OR State Bar Lawyer Referral Service and speak with them to find a referral to an attorney in your area.  Please find one, take them on retainer, and see what you can do.

I don't know if your drink was tampered with but given that it was a few weeks ago, any trace chemical would be out of your system by now.  Best advice: don't give alcohol to minors again, regardless.  You are potentially committing a Class A Misdemeanor with each instance and can be subject to escalating fines.Answer #6: What you should do is get out in front of this and speak to a good attorney *right goddamn now*.  Like quit reading this right now and go get representation.


Title: Is it illegal to even ask about your medical history?

Question:
WA State.  ~~As far as I know discriminating against medical conditions is illegal.~~ What I would like to know is even asking the question illegal during an interview. I.E. Have you ever been involved in a work related accident? or Do you have any pre-existing conditions like back injuries/existing back pain?

Edit: TIL you can discriminate against medical conditions in certain scenarios
Topic:
Employment Law

Answer:
 You can discriminate against medical conditions.

My wife has severe cerebral palsy, driving around in a chin controlled wheelchair.  If she applied to be a paramedic, driving an ambulance, you can bet they would discriminate against her due to her medical condition.

What they can't do is deny a reasonable accommodation for a disability.  And, there is no reasonable accommodation that would allow her to safely drive an ambulance, so she shall never be an ambulance driver.


Title: Phone stolen and I am tracking it

Question: A drug addict has stolen my phone and I know where he lives now. Only evidence I have is the fact that I can track the phone. I know he took it though. I am filing a police report later, but know they cannot go into his home without a warrant. I am tempted to go over and place him under civilian arrest. Should I just request a hearing or what?

Answer: You should call the police and not take it into your own hands. Putting your own life in danger is not worth the cost of an IPhone.


Title: Trying to get a Visa to China from Taiwan for work so I can attend an exhibition. But now supposedly my passport will have to be sent to Hong Kong for this. I feel shocked actually, what to make of this?

Question:
So I work in Taiwan as a foreigner and there'll be something in China this month that I'd better attend, however applying for the visa turns out to be a bit weird. My office's admin team is helping to apply for the visa and just told me that they need my actual passport (not copy) to be sent to hong kong to arrange these things. And to put the visa in there supposedly.

This shocked me to be honest, because as far as I know passports are amongst the most sensitive and valuable of documents/things you can have. My other foreign coworkers have done it before and say its no big deal. But to me it just feels wrong. What gives?

Should I worry? Or just be like whatever? What should I think of this?

PS other options is to go to HK and do it myself but I cant afford to sacrifice a week for that obviously.

Answer:
 This happens all the time for visas because the issuing government will apply a visa themselves into your passport.

You have two options let them have your passport to receive the visa for work, or don't and face the consequences.


Title: Boyfriend just arrested in California on felony charges, I don't know everything but I'm looking for some advice on what could happen

Question:
My boyfriend (30M) has been working at a drug store chain for 12 years and is a manager. He has never gotten in trouble at his job and has worked at various other locations when they ask him to. He went in to work yesterday at noon and was arrested for theft? (I don't really know what the charge is and it's not updated on the public information database yet and he hasn't told me the exact charge). They said they have him on tape processing an invalid return. He told me on the tape they have him pulling the receipt out of his pocket or out of the trash can, he doesn't remember, and processing the return. He stated they made him fill out a statement right then and there before they booked him and took him to jail. He's out right now on a 20,000 bond and I asked for more specific information but he told me that his lawyer told him not to get detailed with me or anyone. He stated that at the time they estimated that he was responsible for about $800 that he took from the company but looking at his booking information on public record and from what he's told me they're booking him on felony charges. In California it looks like a felony is $950 or more.

I know this is really vague but he's not telling me a lot (we are LD right now and I'm living in another state).  This is his first time, what are the chances he'll be convicted? Is getting his own lawyer worth the money or should he just get a public defender since they have proof? Will the outcome be the same either way? Also, he's working on an MBA, how will this affect his life, job-wise?  I just really need to know how bad this could possibly get, or if it COULD just go away.

Please, any advice is really appreciated.

Edited to clarify that I'm not sure the charge is "theft"

**EDIT/UPDATE** The charge is *Commerical Burglary*, which is why the $800 amount is being considered a felony.

Answer:
 It sounds like he's not denying that he did what they say he did. In that case, the chances of conviction go up dramatically.

Public defenders are no better, and no worse than a hired attorney (on average). If he qualifies for one, he will get a good defense, likely.

An attorney would be a great idea, whether appointed or hired.


Title: Spouse has jury duty twice in her lifetime - she gets picked to sit on a jury both times. Rare?

Question:
Just my idle curiosity here.  She's on jury duty right now (her 2nd time) and it's a civil case.  Which I understand is rare in itself - civil case going to jury, right?

Several years ago she was the foreman (fore-person?) on the jury for an attempted murder trial.

She's your average middle-aged white lady/soccer mom type.

None of you know her, but it has me thinking what it is that's so attractive about her being on the jury/being selected.  But all I know about jury selection is what's on TV/movies.

What do you look for in jury selection, in general?

Answer:
 My mom has had jury duty half a dozen times and always gets picked. There are certain people lawyers just gravitate to for a jury.  Answer #2: If you're (I'm sorry) uninteresting, normal, and not overly informed about things, you're more likely to be picked.

This means soccer mom #3142 has more representation than, say, a law professor.


Title: [Oklahoma] Three neighbors are splicing into internet repeatedly, does my landlord or ISP have any obligation to take steps to prevent this? I'm paying for service that's barely usable.

Question:
I'm not sure if this is exactly a legal question, but I couldn't think of where else someone may know the answer to my question. Apologies if this isn't the place.

A couple months ago I began having constant connection and slow down issues. After failed attempts to trouble shoot they sent a tech out, who simply said he fixed the problem. This happened again the next week. Same thing.

The next I finally got someone in tech support who explained what they thought was going on, and the next day a tech confirmed that three apartments were spliced into my internet at the box. He removed them and everything worked great. For about two days.

I called today for the same issues and they confirmed the same signs and are sending out a tech to rip them out again. But it's just going to keep happening and I'm out a fair amount of money that I pay for what's normally great internet. I love gaming and spend my off time doing that so it is directly impacting my personal life as well, making it very frustrating.

The box has no door. The wires are open to anyone who wants to do what they do. Do either my landlord or provider have an obligation to provide a secure area for this utility? I've asked both nicely a couple times now and get told to ask the other, but nothing ever comes of it. I've no idea how to safely install one myself without hurting the equipment there.

Also, do I have any legal options to prevent them from continuing to splice in? I live in a rough area, there are warrant raids at least once every two weeks or so, one neighbor was shot multiple times and another was stabbed just the other day. I still have blood stains all over the stairs and concrete in front of my door. So I'm a bit leery of direct confrontation as well as involving police if there's nothing they can do. It will just buy me problems.

Any suggestions? Thanks.

Answer:
 Ask them for a locked network interface box.  A grey box with literal padlocks on the junction between "their" wires and yours.

Anything that can be done, can be undone, so there's really no way to guarantee against vandalism.  But you can make an effort.Answer #2: Safest bet is to just keep calling the cable company to report it.  Eventually they will have enough of it and report the perpetrators to the cops, on account of cable theft being [illegal](http://law.justia.com/codes/oklahoma/2014/title-21/section-21-1737/).Answer #3: Could he take a small flathead screwdriver and poke it into each of the cables running off the box to sever the copper line? If you did that several feet from the box the cables would look normal to the casual observer but not have any signal at the end. Answer #4: Have the next tech mark your cable, then clip the center wire of the invading cables; a little super glue or jb weld and done.


Title: Recently resurfaced sexual child abuse memories

Question:
Hello,

I am a 26 year old male living in Ontario, Canada seeking advice. About four years ago I started having suspicions and a nasty gut feeling that I was sexually abused by one of my parents' friends when I was young, and a few days ago my parents had told me that THAT specific individual recently got charged by someone else who was also molested by him and he admitted to the crime. This happened, to the best of my memory, while I was around 7 or 8 years old. Now, my parents are very loving but extremely sexually conservative, and I'm afraid revealing my issues with them would make them blame themselves and also kind of shock and upset them more than I'd like.  However, I'd like to try and take legal recourse without them knowing. Would I be able to go to a police station and find more information about this? How should I proceed at this point, to my understanding people being charged with child abuse, their files are made public, so would knowing his name and face be enough to go to a police station with? I look forward to advice from anyone. Thank you

Answer: Recently resurfaced memories? A lot of stories of wrongful convictions start with those.


Title: Blackmailed for supposed child pornography

Question: Story is that I was on a dating app a few months ago and was contacted by a female who was one of those obviously selling nudes type. I bit and purchased and recieved nudes from her. She then sent me another model that I would be interested in and being a lonely pornoholic I bit with her and sent bought from girl 2. This morning I got contacted by a man claiming to be there father and he’s stating that they are 16 and 15 respectively. He is now blackmailing me for $600 odd number I know. But what’s the penalty now if I don’t posses those pictures anymore. Can it be pursued or do you think this is bullshit for blackmail? Please help.

Answer:
 It is a scam. There is no father and no girls.

Block and move on.


Title: Question about the legality of a very atypical lottery system for my business

Question:
I am creating a business that will let people essentially create their own "lotteries"--not to win money, but instead for the host to provide a predetermined service such as mowing the winner's lawn. We'll call these lottery-creators "hosts".

Others can then enter these lotteries as many times as want by submitting "tickets", which they first obtain either through free promotions or by paying money for them. Submitters will write certain information on the tickets before submitting them.
Once time runs out on the lottery, a ticket will randomly be drawn from the pile. After drawing a ticket, the host will be able to choose whether that ticket is the winner (personal preference based on the info on the ticket). If not chosen as the winner, the ticket is discarded and another is drawn...and so on, until a winner is chosen.

Once the host provides the predetermined service to the winner, my business will pay the host most of the profit made from the lottery. If the service is never provided, the host is not paid and those who entered the lottery will be "refunded" with vouchers to spend on tickets for other lotteries in the future.

Obviously, actual lotteries (defined as having consideration, chance, and prize) aren't very legal, so I'm wondering about the legality of the system I've described. The differences being:

* The prize isn't monetary or a tangible good, as in most lotteries (if that matters).
* The host is technically delivering the prize, not my business. My business is only running the lottery and specifying to whom the host should provide his/her service if the host is to be paid. There is thus no guarantee that the prize will be provided.
* Even though there is an element of randomness, the host is ultimately able to decide to whom the prize is provided. Not sure if this still counts as "chance".

Would it be safe to move forward with this system or do I risk facing legal issues?

I live in North Carolina, but please answer as if this business will be national and not restricted to a single state/region.

Answer:
 Assuming you're in the United States.

No. You can't run a private lottery. Full stop, ever. The state likes their gambling revenue, and they can't have other people cutting into that pie.

However, you weren't describing a lottery. You were describing a raffle.

But you can't do that, either. Pretty much every jurisdiction restricts raffle sales to non-profit entities only, and sometimes only to those with a license.

However, you can organize yourself as an events company specializing in raffles where you supply the tickets, the flyers, the people and the know-how to a charity for a fixed up-front fee. See that bit about fixed? No skimming a percentage.

You can also do sweepstakes, which is just a raffle run by a private business with no money or purchase required for entry. Answer #2: I'm so confused about the part of "based on personal preference, the host decides the winner." This seems both corrupt and useless. OP- why is the part of your plan?


Title: My fast food restaurant has made a new policy where if there is money missing from our day registers then we have to personally pay it back. Is this legal?

Question: It seems to me that unless they have reason to think that we took the money, then it should just be considered a cost of running a business. Are they allowed to make us pay back missing money?

Answer: Depends almost entirely upon two factors: your wages and the state you live in.


Title: Is there any way to actually prevent door-to-door solicitation? My "No Solicitation" sign is constantly ignored.

Question: With the weather getting nicer we've had a ton of people knocking on our door. Even with a sign, people still do it. We're going to have a baby soon and if I have to deal with this and a sleeping baby, I might lose it.

Answer:
 The Supreme Court has upheld the constitutional right to knock on someone's door (as a function of free speech). However, some municipalities have laws that make it illegal for a salesperson to ignore a clearly posted "no soliciting" sign. Check to see if your city has a law like this.

&#x200B;

You may also want to post a "No Trespassing" sign. Perhaps that would be taken more seriously. Check out your local laws on this, as they may differ from laws about soliciting.

&#x200B;Answer #2: I had a big problem with people selling products or religions ignoring my "no soliciting" sign, so around eight years ago I switched it [to this sign on the door knob.](https://www.amazon.com/gp/product/B01E96U69A/ref=oh_aui_search_asin_title?ie=UTF8&psc=1)

This has worked with only one person ignoring it in all that time. My thought was that while pushy people will ignore a no soliciting sign, very few want to deal with an angry homeowner they've just awakened. Answer #3: A Ring or a Skybell really helps cut down. A lot of people in my neighborhood have them and so most solicitors don't bother with us since we just don't answer the door and they've figured that out. For the rest, we just don't answer the door. My neighbors even give a heads up on the neighborhood Facebook page when someone is soliciting so we can all hide. Answer #4: I had a sign like this. It worked.   https://i.imgur.com/HQWJvZi.jpg Answer #5: I have 3 different signs at my door & one on my yard, because 1 was not enough, found them all on amazon. They Finally got the clue.


Title: Person of the car I ran into wants me to pay full damage cost to his car

Question: [deleted]

Answer:
 >is quite unfair and harsh as I am merely a college students who doesn't have a job and living in a rented house and meanwhile the other person is living a lavish life, having 2 houses and a has new brand new Honda Odyssey.

How does your or the other guys living and economic situation have anything to do with your negligence and your causing damage to someone else's property? So I should only let rich people damage my property? If they are not rich then I have to eat the cost?

>I want to bring this case to the court

So you can pay for the damages you caused plus court fees? Answer #2: When you drive a car, you take on the full responsibilities that go with it. If you can't afford to pay for damages, don't drive. Don't they have car insurance in Brunei? Let your insurance handle it. Answer #3: If you keep trying to dick him around over $500, he's going to want to go through your insurance to get the full amount; meaning you're going to pay a lot more than $500 in increased rates over the next couple years. You hit him from behind, you're responsible. And I'm betting if a guy is driving around an Odyssey, he probably has at least a few kids too, so he's likely not rolling around in available cash either. There's no reason he should subsidize your poor driving, even if he could afford it.


Title: (TN) Another renegade HOA.. Or.. How old people are trying to use my money to buy a golf course.

Question:
My wife and I moved into a new neighborhood about 18 months ago. We were one of very few young couples at the time, but it is a nice community, dues were low, and we loved the house.

The neighborhood is built around what used to be a golf course. The course has been closed for several years but we understood when we moved in that all of the homeowners just mowed the area behind their house when they did their lawns.

A couple of months after moving in we got a notice that the golf course had sold. The new ownership wanted to develop the property or sell certain parcels off to individual homeowners. This threw the HOA into a fit. The retired members called a special meeting and voted not to allow the new owners access to the roads in hopes that it would prevent a realtor from getting in. Of course that has lead to a legal challenge.

The HOA has retained a lawyer, and we are bleeding out the neighborhood's reserve funds in legal fees. The new owners, to avoid a legal battle, have offered to sell back part or all of the course to the HOA at an extreme markup. This would lead to a special assessment and increase in dues. Just for reference, the course will cost close to 1.5 million and there are 160 homes.

My question, now that you have some background,  what legal authority does the HOA have to make large purchases? If it is voted for by the retired members of the community and against by the younger, working members it will incur massive increases in dues. Is there a way to force the members in favor of the purchase to incorporate separately to complete it? And finally, if the new dues lead to a loss of home value in a sale can the HOA be held liable for damages?

Answer:
 > My question, now that you have some background, what legal authority does the HOA have to make large purchases?

Plenty of it.  There's no law that says they can't.  Your CC&Rs might but I'm guessing they don't.

> Is there a way to force the members in favor of the purchase to incorporate separately to complete it?

No.

> And finally, if the new dues lead to a loss of home value in a sale can the HOA be held liable for damages?

No.


Title: Can a Canadian citizen be tried Under U.S. law while visiting?

Question:
As the title suggests. Specifically if said Canadian citizen commits say assault and robbery, do they get sent back to Canada to face trial there or do they face trial in the United States (If it is pertinent, say the crimes were committed in New York)?

Thanks.
Topic:
Criminal Law

Answer: The Canadian citizen is tried, sentenced, and punished under New York law.  He or she will likely be deported after they serve their sentence assuming there is a conviction.Answer #2: they are tried in the U.S. in the state where the crime was committed, as that state's laws were broken.


Title: [TX] Can a shop waive off its liability by making me sign a contract? A shop is basically reselling previously owned gold jewelries. Customers are made to sign a contract which says, "Customer are responsible for verifying authenticates of precious metals in jewelry............

Question: .......Once purchase is made no claim can be made about authenticity." Is it legal?

Answer:
 Probably not.  If they sell you something they say is gold, it has to be gold.  However, if they give you the opportunity to authenticate it, and you confirm that you've authenticated it as real, then they could make you sign something saying you both agree that it's gold.

This place sounds sketchy, though.  I wouldn't shop there.  You're going to get fake stuff, I'm sure of it.


Title: If a cop is using excessive force and abusing his power (beating you), is it legal to defend yourself?

Question: Edit: location, USA

Answer:
 Depends on case law. Most of the time the answer is no. Stop resisting arrest, deal with the charges, file a complaint, sue the municipality, etc...

You will gain nothing, and stand to lose everything, by fighting a cop.Answer #2: There have been a very few cases where self-defense was found to be allowable.  A recent one in, IIRC, Texas, involved a guy who shot a cop during a no-knock raid on the guy's trailer ("mobile home residence" or whatever you want to call it).

http://www.washingtonpost.com/news/opinions/wp/2014/02/10/some-justice-in-texas-the-raid-on-henry-magee/

Indiana also recently passed a law explicitly allowing the use of the Castle Doctrine against the police under some circumstances.  See:

http://www.huffingtonpost.com/radley-balko/myths-and-misconceptions-_b_1596846.html

But be aware that the cops will do everything in their power to destroy you if you dare to defend yourself against them.Answer #3: You'll go from being alive and beaten to being shot and dead.Answer #4: Comply. Then bring it up in court. Determining whether the amount of force an officer is using is lawful/justified and deciding how to resist is how people get killed. Generally, it extremely stupid.

Then file a complaint and get an attorney if you are significantly injured.


Title: Please help. $84,000 bill from human services for a "parental fee" for a "kid" that's over 18.

Question:
This is probably going to be long and I hope I explain everything well enough.

My boyfriend has a 20 year old son that lives in Minnesota.  He didn't even know he existed until the kid was about 12.  He has only met him 1 time.  The kid has some disabilities, namely fetal alcohol syndrome, and has been in and out of institutions most of his life, and his currently in a type of half way house right now (I don't know how else to explain it).  He had been living with his aunt and grandma in between those times, because his mom had her parental rights terminated.

The reason he found out about him, was that they had decided to come after him for child support.  He was actually jailed several times over failure to pay because it was such a large amount they wanted and he didn't have the money.  Then since he was in jail, he lost his job, so guess what?  Even less money and the cycle continued. Eventually he got everything straightened out and has paid all of the back child support.  They even required him to put him on his medical insurance, which he did until the kid turned 18.

Now he's been getting a bill from the MN dept of Human Services for a "parental fee."  The first one he got was over $30,000.  Now he got one yesterday for over $84,000. It doesn't say anywhere on the bill what it's for, just pay us this amount.

I tried to research some on what it would be for and I believe it's for bills from the institutions he has been in and probably currently in.  There is no way he can pay the $30,000 let alone $84,000.  Plus the kid is over 18, so why is he getting billed for it??  I was looking at the human services website and the laws listed say that amounts billed to parents for the "parental fee" would be based on the ability to pay.  I have no idea how they determined he could pay $84,000.  He says he's tried to call them, and all they say is you just need to pay it.

What can we do? I don't know how they expect anyone to pay any kind of bill when it doesn't even give you a breakdown of what it's for, just a slip that says pay us this amount or else.  I'm afraid if he waits to long to do anything he'll have a warrant out and be sent to jail again.

Answer:
 He needs a lawyer.  This goes far beyond the type of help that could be offered here.  A call to the state bar association might be able to get him a referral to someone who could help at a reduced rate.Answer #2: Because your boyfriend's child is disabled to the point of being unable to care for himself, your boyfriend's child support obligation does not terminate at 18. Under MN law a child is anyone "under 18 years of age, an individual under age 20 who is still attending secondary school, or an individual who, by reason of physical or mental condition, is incapable of self-support."

Your boyfriend should definitely get a lawyer to sort this out, and set up a future obligation that is affordable.Answer #3: NAL, but this smacks of Long Term Care help. Those 'halfway houses' are probably group homes and are staffed by medical professionals. State Medicaid pays for this, so they want their money. Get a Lawyer, the child support was to go towards this -also look into getting this kid his SSDI paid. Social Security will take care of this child (financially) ,theoretically ,for the rest of his life and will absolve your man of any future billings from this same department. Since he was determined to be the father, and therefore the responsible party, they should have given him  rights/access to the child long before this and he should have some say in how/where the child is cared for as well as the SSDI.-but still, get a lawyer, family law is no jokeAnswer #4: All I can say is good luck. This sounds crazy and I hope you guys get this worked out.


Title: Neighbor doesn't like me, so he spread ant poison outside where my child plays.

Question:
Location: Portland, Oregon

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Neighbor is a single man in his 60s. He is the onsite manager of a property that is a Victorian house split into six or so apartments.

&#x200B;

Two (including his) of the apartments have semi-permanent residents; the others are short-term vacation rentals. This is in violation of city codes/zoning laws which require that the owner must be a full-time resident at least nine months out of the year of any property used as a short-term rental. The owner, who in addition is at least part owner of one or more successful businesses, lives elsewhere in the city and is never present here.

&#x200B;

We own half a duplex that is next door. Our neighborhood is densely populated, with lots of large homes separated mostly by very small yards. The apartments/house in question is thus close enough to our own that it's inevitable that we see each other in passing.

&#x200B;

I don't care what laws/city codes they are breaking. I'm a live-and-let-live kind of person. But I'm also a good-fences-equals-good-neighbors kind of person as well. When we first moved in the neighbor was friendly - too friendly. And intrusive. To the point that it made me really uncomfortable, but I grinned and bore it. For months. He had no qualms about barging into our tiny backyard unannounced and uninvited to share some gossip, or inform us about some yard sale, or some former tenant's secondhand patio furniture that was for sale. If we had a package delivered he would take it upon himself to go collect the package and put it in our backyard (ostensibly to keep it from getting stolen) literally within minutes of the package being delivered, even if I was home. Through countless similar examples it became apparent that this guy has zero regard for appropriate social boundaries.

&#x200B;

After a little over a year, the neighbor decided he didn't like me. His behavior and demeanor did an about-face. Until this point he would come bounding outside literally every time we drove up, whether we were getting home from work, errands, the grocery store, any time of day or night. This guy would be on us in seconds like a dog desperate for attention. Suddenly, though, he grew cold and wouldn't acknowledge me. He would likewise ignore my family (my wife and 5-year-old child) if I was present, though he would make small talk with my wife if I was not there. Still, no problem here. I think he finally sensed that he was making me/us uncomfortable and it pissed him off. I spent countless hours trying to figure out 1. what I might have done/said to give offense, and 2. how I might mend fences, as neither my wife nor I want a feud with a neighbor, least of all one who has the energy and time to invest in such a petty conflict. However, the lengths to which he goes to avoid even eye contact if we see each other in passing are nothing short of absurd. I say hi to him and he walks by stone-faced and clearly uncomfortable. I'm a reasonable and mild-mannered person, and he has taken away any means I might have had to communicate with him constructively.

&#x200B;

Several times now, he has confronted my wife when she is alone, late at night. The first time was when she was moving our garbage/recycling bins to the curb at around 11pm on a Sunday night. I grew alarmed when I noticed my wife had been gone for around forty minutes; as I put on my shoes to go out and check on her, she came in with a shocked look on her face and said that the neighbor had approached her in the dark to tell her that I've been very rude to him (100% false, not that it matters), and he's not going anywhere (nobody asked him to), and that I'd moved his garbage cans or something (absurdly petty and also untrue). Another time, I was working out of state for a weekend and when my wife was having a cigarette and a glass of wine outside at around midnight, he again approached her to tell her that he'd seen a woman walking by hit her head on a low-hanging tree branch and we could be sued (any reasonable person would look at the tree in question and laugh; the tree doesn't have any branches hanging that low, and the vegetation on our property is tidy and well-kept).  He obviously watches us like a hawk and while he's too cowardly to ever approach me for any reason, had figured out that I was out of town and made his move.

&#x200B;

Harassing my wife is enough to get my blood boiling, but my wife and I avoid conflict as a rule, and I figured that while he's obviously obsessed with us, he is harmless. However, several weeks ago when we were doing yardwork, my five-year-old came to me with a white crystalline substance coating his outstretched hands. I recoiled in horror when I realized it was insect poison (he'd thought it was snow). Brought him inside and had him wash thoroughly. The neighbor had applied this poison quite liberally to the areas surrounding the other half of our duplex, which is owned by a lovely elderly woman who, unfortunately, is very close friends with this neighbor. I told my son what the poison was and made sure he understood not to touch it if he saw it anywhere. Yesterday, apparently, the neighbor applied more of the poison. This time, it's spread throughout the strip between the sidewalk and the street in front of the neighbor's apartments. This strip is covered in nothing but gravel and my child frequently plays there; he's in a phase where he likes to find rocks that are special. I was outside with him and he started to walk on the gravel and I nearly jumped out of my skin when I saw the poison everywhere and grabbed my son and pointed it out. There was previously no evidence of ants or insects there; there are no plants or food sources there, and it's seems obvious to me that this asshole did this out of spite.

&#x200B;

In a few days, we are traveling out of state for a week. At the end of the summer, we're going on a three-week vacation. I am seriously considering getting some security cameras to cover our property because I don't know what this creep is capable of, but more importantly, I feel motivated to (as they say) document, document, document. I have doubts that live-and-let-live is the best option, or even one at all. I just want to be left alone by this jerk. I am considering applying for a restraining order; is this realistic? At this point I have little, if any, documentation of any of this. Thanks in advance.

Answer:
 This isn't really legal advice, but have you considered the possibility he is in the early stages of Alzheimer's or dementia?  Abrupt personality changes and paranoia can be symptoms, it's common for someone who is confused to throw around accusations that seem illogical.

Not saying this is the case, but if he seems to be progressing into mental illness it would be a good idea to call Adult Protective Services and have them check up on him to make sure he is alright and has the resources he needs.

Other than that cameras are the way to go to document anything suspicious.  Make sure you also keep note of any interactions your wife/you have with him in a notebook, including date, time, and details of what happened.  Keep a close eye on your child and any outdoor pets you have.Answer #2: NAL but personally security cameras are the best way to go, maybe try cleaning the ant poison up to entice him to put more. I’m sure someone here is going to point out to report his illegal tenants but I wouldn’t because you haven’t reported any conflict with them and it could affect them just as much as him and either  way that might not stop him poisoning your property, but keep a camera pointed, and when you have footage of him (make sure to document everything including when he poisoned your property now/recently) and then go to the police


Title: [KS] Landlord keeps showing up at apartment with no notice. How to politely tell them to shove off?

Question:
As stated in the title, employees and contractors of the company that manages my apartment building keep showing up with ZERO prior notice. This is upsetting to my husband and I because:

- I have Generalized Anxiety Disorder and people coming into my dwelling (especially unannounced) is a HUGE 'trigger.'

- We don't know how the pets would do with strangers if we're not home.

 - Our dog is always kenneled when we're out and usually friendly with strangers, but she's a Pittie mix and has tried to eat herself out of the kennel once or twice before. She could really hurt herself if she decides she needs out to go see the new people.
 - We also have two indoor cats that like to bumrush the door on occasion; they might get out if you're not prepared for them or we're not home to get them out of the way.

- We want to be sure we're home during entry cause don't want the workers stealing our stuff, yo. (Yes we have renter's insurance but we'd just rather not have anything stolen in the first place)

- It's against the fucking law.

Thankfully I work weird hours and have been home when they show up so far, but we're getting pretty tired of it. I have written the follow letter and am considering sending it to our apartment manager:

>Yesterday, on June 6th 2018, an [COMPANY] maintenance employee arrived at our [ADDRESS] without any prior notice to perform maintenance on the company-owned dryer in the unit. Despite explicitly asking for prior notice in the maintenance ticket along with a current phone number (screenshot attached), the maintenance man did not contact us.

>He said that the phone number “wasn't set up for service” when he tried to call it. The phone number provided has been in service under my name for over ten years, including all three years we have lived at this location. He did not make any other attempts to contact us via our other numbers or emails.

>This is not the first time this has happened; in the past, we have had multiple maintenance teams, pest control services and even the fire sprinkler service arrive at our apartment with zero prior notice and ask for entry.

>If you are not aware, this violates Kansas law under Chapter 58, Article 25, Section 58-2557, as quoted below (emphasis mine):

>58-2557. Landlord's right to enter; limitations. (a) The landlord shall have the right to enter the dwelling unit at reasonable hours, after reasonable notice to the tenant, in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors.

>So far, we have tried to be accommodating and understanding, and have allowed entry to the apartment despite lack of prior notice. However, from today on we will NOT allow entry to our apartment unless reasonable notice has been provided, or there is a true emergency. We will also be documenting all instances of [COMPANY] employees or contractors entry and/or attempts of entry into our apartment.

>I hope that issue can be resolved peacefully and we can continue our residency without any further conflict.

So how's that look? Despite the management company being incompetent bumbleshits, we really like our apartment and want to stay in it for another year or so.

Thanks guys, I really appreciate it!

Answer:
 You did fine in the letter, you quoted the law and gave them notice. I would suggest adding in "any desire to enter our apartment must be stated in writing or a phonecall 24 hours before the desired entry." 24 hours notice is more than reasonable under the law.

Save a copy of anything you send them and send it certified mail with signature receipt so you have proof they received it.


Title: Giving a warning vs. blackmailing? (CA)

Question:
I recently discovered that my husband had texted his ex, after we both agreed that he would not communicate with her. I'm furious. Something didn't sit right with me, so I pulled up our phone records.  Sure enough, up until a few months ago, they were texting and calling each other several times a day.

I'm not sure if my marriage can be saved, but that's something we'll have to work out, and a matter for the relationships sub.  In the meantime, I texted this ex (with my husband's permission) and asked her not to contact my husband again.  If she does contact him again, I plan to forward the phone records to her husband.  My question is:  if I tell her something like "Do not contact my husband again, or I will send these phone records to your husband" and I committing blackmail?

I honestly am not interested in hurting her or messing up her life, I just want her to stop contacting my husband while he and I figure this shit out.  I figure that letting her husband know what's going on is one way to stop her from being in touch - that's my only motivation here.  However, I can see how that could be seen as a blackmail attempt on my part.

But at the same time, it seems unfair for me to send those records without even warning her first, which is why I'd want to give her the heads up about not contacting my husband again.  I really don't want anything to do with her, and if she'll just give up and go away, I won't feel any need to let her husband know what's going on.

Answer:
 In California, the only relevant crime is [extortion](http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=518-527), and that requires obtaining property through a wrongful use of force or fear.  Making someone cease contact with another is not property, so it follows that it shouldn't be extortion, regardless of the means used to achieve it.

Even though it appears legal, I'd recommend avoiding any threats.  A pointed "Never contact my husband again" would likely be just as effective.  So too would calling the phone company and having a block put on her number.


Title: [USA, NJ] Client verbally abused and threatened violence against my employee today. What should I know / do?

Question:
Hi!  I will cut as much drama out of this post as I can.  I know this sub loves succinct.

I own a business in a service industry that requires release forms from clients, so I have a photocopy of her drivers license if that makes any difference.

The incident happened earlier today.  I was not present in the shop at the time.  My employee, M., was there.  He has been working for me for seven years, and I trust his account of the event unreservedly.

Essentially, a client was not happy with her service for what I would consider to be a trivial reason, and began loudly verbally abusing M.  M. provided a partial refund (we have a refund liability release that also needs signed).  Client signed but escalated and said "you better watch yourself when you leave.  I'll be waiting for you."

M. locked the door after client left, as it was near closing.  The client attempted to return and gain entry, but left when no-one opened the door.

M., pretty shaken up, was escorted to his car by an employee of one of the other businesses in the building, in case anything happened.  Fortunately, nothing happened.

As the business owner, what, if anything should I do?  What should I know about the law as it relates to this event?  This person is obviously unstable, and if they come back or try to continue to escalate somehow, I really want to be aware of what I can, should, and can't and shouldn't do.

They've already made their displeasure known on internet business review sites, and I know that there is not much I can do about that.  What else should I be prepared for if they are as psychotic as I suspect?

Answer: Report it to the police and that they threatened an employee.


Title: Lying to the police

Question: So my uncle recently was fired from work for attacking a fellow employee. 2 weeks later he receives word that the person he attacked is pressing charges. However, the person also told the police that my uncle went to his house, beat his wife, and threatened him. I am completely blown away with how a person can lie to the police like that. My uncle stayed away from the man for the entire time. Wanted to know what my uncle should do. He has a court date coming up and I was wondering how is he supposed to prove that he never went to the person’s house and beat his wife. It’s basically his word against the other guy’s and his wife.

Answer: He should retain a defense attorney and follow his or her instructions. Answer #2: The other dude would have to give a date that it happened I'd assume, so find something (hopefully) that proves he couldn't have possibly done it. Dated receipts, someone to testify he was with them at the time, etc just any sort of alliby


Title: I'm being charge $600 for a surgery that wasn't my fault

Question:
I'm not sure I am posting this in the correct subreddit, so please direct me to the right place if necessary.

Last November, I had a surgery done on my foot. To make a long story short, one of the incision sites refused to close, so I had to have a second surgery in April [of this year]. It turns out the doctor left a loose suture in my foot, so it was causing complications. the doctor told me I would not have to pay for this surgery because it wasn't my fault. He stated he would pay "patient costs".

A few months down the line and I'm being billed $600. I have been fighting with this accountant [his wife] for months and she keeps trying to beat around the bush with the subject. I've already called my insurance and they told me that the remaining costs are in fact patient costs.

The main issue is that I do not have written documentation stating he would pay. But it is clear that this surgery was necessary because of the doctor, and not anything I had done. I do have photos of one of the sutures literally sticking out of the incision site as proof.

What should I do? Please help, and thank you all that do.

-I live in Miami, Florida.

Answer: Next time you talk to the wife, ask if you are going to need to see a lawyer specializing in medical malpractice to resolve this.Answer #2: You should first request a copy of your medical records of the procedure when the doctor fixed the complications.


Title: Found Child Porn On A Subreddit...

Question:
Not real images but semi-realistically drawn/animated characters of a tv-show depicting sometimes adults, but sometimes children (like 8, or 10 years?) It's oftentimes extremely graphic. I have messaged the admins about it a couple days ago but they haven't replied yet.

But now the thing is, I have posted somewhere else and two people said CP depicting fictional minors is not illegal in the US (if that is wrong info, then should I try and message the admins again? How could I best inform reddit about this subreddit and those pictures?).

However, I'm from Germany and I think it is illegal here (CP depicting fictional minors that is). Now my question is, do you think I should go to the police with this? Can they even do anything about it, since reddit and imgur, where the pictures and linked and hosted respectively, are based in the US. Is it my duty to go to the police with this even if they can't do anything (when they ask how I found it, it would be really uncomfortable telling them that I was browsing a porn subreddit, even if I didn't look for CP...)

Thanks.

Topic:
Non-US

Answer: In the US, animated characters are not children, therefore animated characters in pornography doesn't create child pornography.


Title: I thought I was talking to an adult on a hookup website and now the father is calling me and demanding money to replace a company laptop that the alleged minor was using.

Question:
I’m sorry, this is actually my first time to do this on reddit. I created an account just for this. Yesterday I was on an adult gay(18 and over) website and I chatted with a guy that I was under the impression was 21 years old. We chatted briefly and exchanged a couple of x rated photos. He said he would send a video later of himself. I said fine and thought nothing else of it. Never did it cross my mind that this person could be underage, nor was there any conversation about either of our ages. He said he had just moved into town a week ago to be with his grandmother.

Today I got a text message ( we exchanged numbers) from a man saying he was this person’s father. He told me that this person was 16 years old. He also said he had used his mother’s company computer to send messages to me. Apparently his father caught him in the act, and the son destroyed the laptop in retaliation. This man threatened to press charges and contact lawyers unless I was willing to pay half of the costs of the laptop that was destroyed, then he would be willing to look the other way. I’m just gonna be forthright, this feels like a scam. He was very adamant on the phone about not involving his wife or ruining my life, but then he brought up the laptop and wanted me to pay for half of it, and the moment I question the strangeness of the situation, he completely changed tune and immediately said he would tell his wife and involve police.

I in NO WAY was under the impression this was a minor, I was completely under the impression this was an adult. Age never came up. But now suddenly I have someone threatening me for money. This feels like a scam, but I don’t want to treat this situation lightly. I already blocked his number and am going to delete all my dating social apps. I’m 34 if that helps, and I live in Texas. I’m actually in the works of moving in a couple of months, and I don’t really have any money or anything to my name, much less any money for a lawyer. I took screen shots of our convos, but what else should I do? I’m very upset that someone is trying to ruin my life over something I would never ever do knowingly. What are my next steps?

Answer: block and ignore.  scamAnswer #2: It's a common scam.  There is no father and there is no destroyed laptop.  Block everything and under no circumstances send any money.


Title: Buying home question. Home vacant wanting to put stuff in home before closing date? What are risks for both parties.

Question:
I sold my home and have to be out by the 7/29th. I am closing on my new home on 8/15. I am homeless for a little over 2 weeks. I have a place to stay but my stuff doesn't.

Considering asking the owners of the home we are purchasing if we can at least put our stuff in the garage. It is a vacant home and they live an hour away now.

Another option will be pro-rating and us renting our new home for that period of time.

I will get renters insurance and have a contract signed.

What downside is there to this for both sides?

Answer: why are we not renting a storage unit for a month?  Like, this is literally one of the reasons they exist for a business.


Title: Question about Insurance Replacement Value.

Question:
Essentially, I am wondering if it insurance fraud to buy items lost in a fire to get a receipt for replacement value of that item and then return/sell the item?

I am sure its one of those things they would rather us not due, but is it legal?

&#x200B;

I am in MI if that matters.

Answer:
 You are owed the value of what was lost.  What you choose to buy with that money is irrelevant.

If you are talking about purchasing items that weren't destroyed and then submitting the new receipts as if they had been and then yes, that is fraud.


Title: Grandfather had a stroke...does POA activate automatically even though he's not an invalid? [ONTARIO]

Question:
My grandfather had a stroke. He was in the hospital for a while and now has lost some motor control (can no longer drive) and suffers from aphasia (has trouble getting words out).

He is mentally coherent and independent, but can be difficult to understand verbally due to aphasia caused by the stroke.

While he was in the hospital, my uncle who is his power of attorney cleaned out his apartment. He took his checkbook, wallet, etc...basically leaving him without the ability to purchase anything. My grandfather lives in an assisted living facility that provides his meals and medication, so theoretically he doesn't "need" any money, but having literally zero access to any money means he can't buy new clothes or other non-necessities.

My grandfather expressed to me that he wanted to buy some new shoes which were $50. Because my uncle won't give him any money, I gave him the $50. My grandfather also expressed that he would like to go to the bank to talk to them about getting a new checkbook, and asked if I could take him...I haven't yet but I planned to do so in the future. Now my uncle is calling me and yelling at me telling me that since he's POA I can't interfere with my grandfather's finances. Here are my questions:

* does POA kick in automatically at some point, or does my grandfather require a psych exam before my uncle can take control and demand I not interfere with his duties? I firmly believe my grandfather is still mentally ok enough to take care of himself, and doesn't need POA intervention yet. He is also still his normal, frugal self and I don't think him having access to his own money will be a problem.

* does giving my grandfather money violate any laws regarding POA?

* can I get into legal trouble if I were to aid my grandfather in getting new checkbooks or going to his bank?

It's worth noting that my uncle and I are not on normal speaking terms so trying to calmly discuss these issues with him first will be fruitless. Thanks in advance!

Answer:
 A power of attorney generally doesn't authorize the agent to override the principal's wishes. If your grandfather hasn't been adjudged incompetent by a court, he's within his rights to make his own decisions. Your uncle is, flatly, wrong, and he needs to return your grandfather's property immediately.

_You_ don't have any exposure here. As long as you're not abusing or endangering your grandfather, you can give gifts to anyone you want.

[Contact Elder Abuse Ontario](http://www.elderabuseontario.com/) and tell them what you told us: that your grandfather's power of attorney has taken all of his money, even though he's competent, and that he yelled at you for giving him $50 to buy shoes with.


Title: Worried after buying syringe in Indiana

Question:
This may sound bizarre.
Setting is conservative suburbia in Indiana

So I went to pharmacy to buy a syringe for a lesbian friend that I'm donating sperm to privately.
Syringe is for pushing in the sample.

The pharmacist asked why I'm buying.
I, not wanting to explain the private sperm donation, just said it was for a family member.
Anyways the pharmacist got more suspicious and he ended up taking my ID and recording it in register before selling me a syringe/needle assembly (don't even need the needle).

Minutes later I realized the whole jazz between syringes and drug abuse.
I read in Indiana it's a felony to possess syringes w/ intention to violate drug codes (Indiana Code Title 16. Health § 16-42-19-18), but I don't think I qualify for that.
It's just unnerving thinking my name landed in a register of suspicious syringe purchasers, and the address on my ID is my parents'.
To be clear I've never done any drugs.

Is there anything I should do?
Returning the syringe would raise even more suspicion?
I assume I should do nothing since nothing is likely to come of this?

Thanks!

Answer:
 > So I went to pharmacy to buy a syringe for a lesbian friend that I'm donating sperm to privately. Syringe is for pushing in the sample.

Congrats, dad!Answer #2: You should be more concerned about the donating sperm part. If you don't do this on the square, it may come back to bite you. Answer #3: Using a syringe to help privately impregnate a lesbian couple puts you on the hook for child support if paternity can be established. The only way in the US to avoid this is using a fertility clinic/sperm donation site, and the laws are pretty strict on that front. You can draft up a document waiving parental rights in advance and it won't hold up. Make sure you look into the legal requirements in IN /before/ you do this.


Title: Non-professional artist came from Canada to sell art and is now banned from the US for several years.

Question: [deleted]

Answer:
 There's an open question as to whether exhibiting goods at a convention is "business" for the purposes of a B-1 visa (the kind you get at the border if you tell them you're travelling for business). _Working_ on art while in the US on a business visa, to be sold, is, as far as I know, well outside of what a B-1 visa allows, but it's not completely clear whether the same applies to completed works brought for exhibition.

US immigration authorities are enforcing work restrictions on B-1 visas a lot more aggressively lately, for reasons that likely don't bear going into here, and a number of artists have been turned away at the border when attempting to attend or exhibit at conventions in the US. [It even happened to one of the artists currently drawing for Archie Comics](https://www.bleedingcool.com/2017/04/20/archie-comics-artist-refused-entry-usa-canada-sketches/).

Your friend should speak to a US immigration attorney about overturning the entry ban, but there's no guarantee. Unless they're a US citizen, the US is under no obligation whatsoever to allow your friend to enter the country. It's nice that Canadians can generally enter without much challenge, but that's based on friendly relations between the two countries, and not on any particular legal status available to Canadians under US immigration law.


Title: Hypothetically, is it legal to join ISIS in a purely civilian capacity? [Iraq and Syria]

Question:
I was joking with my little brother. He's an agronomy graduate and currently looking for a job. I jokingly suggested, "I hear ISIS is hiring!"

That had be wondering. What is the legality of an American, if they were so possessed for some strange reason, to go join an extremely violent group like ISIS, but in a purely civilian capacity?

What I mean by civilian capacity is that ISIS runs a ragtag government in the regions it occupies. It has people on the payroll, often to just handle regular municipal responsibilities like water systems, trash collection, etc.

Hypothetically, what if an American went over there and joined up for such a position. Maybe my agronomist brother goes crazy and decides to go help ISIS with food production for their civilian population. In this scenario, he has no intention to become an ISIS fighter. For some strange reason, he aspires to be an ISIS bureaucrat.

Hypothetically, if he went over there and did this, what kind of legal trouble would he face?

Answer:
 It would be providing material support to terrorists at the very least.

See: 18 U.S. Code § 2339A


Title: How to handle 100K gift - VT, USA

Question:
I'm not entirely sure this is the right subreddit to ask this, but here it goes:

My wife and I have about $80,000 in debt from student loans, car we bought a few years ago and some medical bills when I had crappy insurance. I asked a friend who has alot of money if they would be willing to do a large loan for us so that we could pay off all our debt and pay them back as if we were paying our normal bills, except no longer generating the interest that we were getting. They refused my request and instead offered to straight give us $100,000 to pay everything off and get back on our feet. I live in the USA, and the cheque will be coming from Europe. The questions that I have about this is:

1) Will depositing a foreign cheque (I'm assuming a bankers cheque) for $100,000 into my account flag me for some kind of terroroist investigation, or cause people to investigate my friend? I am told by them that their wealth is from an inheritance when their grand parents passed a few years ago, but that is litterally all I have to go on.

2) What kind of tax liability will I have for a gift of this size? I looked into monitary gift tax and from what I understand the donor is responsible for it, but maybe I am incorrect.  http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Frequently-Asked-Questions-on-Gift-Taxes

3) If I own a house where I still owe about $125,000 and student loans that are about $60,000; is it better to pay off the student loans in one go, or to pay down the house so that it's more of an asset and keep plugging away at the student loans?

I mostly want to make sure that I am protected and don't screw myself by paying things off and then suddenly having a large tax liability, or getting myself on some dubious watchlist.

Thanks for any help that can be given.

Answer:
 Please talk to a CPA about this.  $100,000 is a lot of money, and it is not worth risking a future problem by relying on random advice on the internet.  That said:

1) Maybe, but probably not.  It will depend on a lot of factors, including the country from which the money is coming.  If your friend is Abu Bakr al-Baghdadi, I would suspect that this would cause you problems.

2) For gift, generally the donor is responsible for paying.  There are situations where the donee can agree to pay, but it is only allowable in special circumstances.  Keep in mind, if you receive more than $100,000 from a foreign person, you have to file a form 3520.  If you are paid out of a foreign trust you have to file, and if you are paid by a foreign corporation and the amount is over $15kish (use google to find the exact number), you have to file the form.

3) That depends on a whole slew of factors.  Talk to a CPA about it.  If you want free advice (remember, you get what you pay for), try /r/personalfinance.