Title: [CA] Last night I was rear-ended by a motorcyclist. I had 2 beers before this happened.

Question:
Hello,
So I'm not sure exactly what my situation is here, I'm looking for any advice and counsel I can get. So here is what happened (throwaway account for obv reasons):

Location: Southern California
TL;DR at bottom

Last night I was at a restaurant hanging out with friends, I had 2 beers at around 10:30PMish and stopped drinking shortly after that. Fast forward to a little after 1:00AM I was driving back with my gf and her friend using my gf's car on a 3 lane straight away when I felt a big impact from the rear. I pulled over and we got out to take a look at who or what had hit us. It was at this point that we realized it was a motorcyclist. He was badly hurt, there was blood on the road where he was huddled up. We called 911 and sheriffs showed up soon after to assess the situation. The motorcyclist was still conscious but seemed to be not all there. He had broken leg and hand, lacerated, which is where the blood was coming from. After this the sheriff pulled me to the side to ask what had happened. I told him about the impact and us pulling over then calling 911. Obviously the next step was to perform a sobriety check on me. I was confident I was not impaired in any way since I had stopped drinking, however alcohol could still be smelled in my breath. I passed the initial tests (finger to nose, walking a straight line, holding foot in the air for 30 Mississippi's, closing eyes looking up and mentally counting to 30). So after that the deputy sheriff said he felt confident that I was no longer under the influence but still had me do a breathalyzer test to be 100% sure. I passed the breathalyzer test as well, I fell under the legal limit (not sure exactly what I blew since everything was happening so fast I didn't ask). My gf's car had to be towed since the damage was pretty severe, it bent the muffler to the right against the rear tire almost 90 degrees. Im still trying to gather my thoughts so sorry if this is a little scatter brained. Some important things I should mention but didn't fall within this paragraph:

*bike flew to the sidewalk
*didn't hear him or see him coming the rear view
*I was going ~40 mph (straightaway, not changing lanes or anything) street level
*he must have been riding A LOT faster than I was driving to make that big of an impact on the back of a moving  car.
*no witnesses other than my party and the motorcyclist
*people stopped by to help once they saw the wreckage, a bystander that stopped to check on the motorcyclist mentioned he smelled alcohol, so he may have been impaired?
*gf already contacted insurance and provided incident report + police report number
*i understand buzzed driving is wrong, thankfully i was below the limit since i had stopped drinking a while before, so please no judgement on that part.. just advice.

Questions:

So since the police did the sobriety test and I passed, (both the motor function and breathalyzer).. should I still be worried about that? Or am I okay as far as the law is concerned.

Hospital should test blood of the motorcyclist for alcohol correct?

If they find no alcohol in the motorcyclist system and he was just riding recklessly, is there any chance I could be sued by him for bodily damage or something even though I'm the one who was rear ended?

Is there anything I should be preemptively doing at this point?

TL;DR: Had 2 beers around 3 hours before I was rear ended by a motorcyclist. I passed the sobriety test and they let me go. Should I be worried since motorcyclist had bodily damage? What should I be doing right now.

Answer:
 >What should I be doing right now.

Contact his insurance to get them to pay for the damage to your car.  It sounds like you're making the mistake that a lot of people do when they walk away without a scratch while the at-fault party is severely injured and assuming that you are someone responsible due to the disparity in injuries.  You're not.  He's at fault, and his insurance will pay for your repairs.  There's no reason for you to pay a deductible or out of pocket for the damage he caused.Answer #2: Cop here. As far as the DUI goes do not worry about it at all.

If there was ANY chance that your intoxication level contributed to the crash you would have been arrested.


Title: Puppy Contract

Question:
So I recently signed a contract stating the $300 deposit on a puppy was non refundable and the puppy was $1000. Financial issues arose and the seller will not refund my $300 but is now saying I MUST pay the full $1000. Could I be taken to small claims court for the remaining $700? I was under the impression that the deposit is non refundable but I would only have to pay the full $1000 if I got the dog.

Tldr: Paid a puppy deposit, should I HAVE to complete the purchase?

Thanks in advance for your advice, I don't know where else to turn.

Answer: What does your contract actually say about if you back out?


Title: (MA) What’s the best way to go about protecting my real estate investments prior to marriage?

Question: Fiancé and I are due to tie the knot in a month. Quick I know but is shit or get off the pot time. Anyways, I bought an investment property (multi family) when we first started dating. We lived there for a few years but she never paid anything and was never on the deed. I then bought a single family. She is not on the deed but she does help by paying “rent” in the single family. I want to protect mainly the multi family to give my child and possibly children something to help them out when they grow up. The si for family isn’t a huge concern to me but it is mine and I put down all the money for it. She’s agreed to sign whatever document saying she won’t touch the houses. How do I go about getting this document and is it even worth it?

Answer:
 You need to have two conversations.

First, sit down with your intended and figure out what both of you are comfortable with. If your partner isn't on board with you keeping substantial separate assets, then you might as well save yourself some time and either give up on the marriage, or give up on the separate assets.

Then you need to sit down with an attorney and talk strategy. That will likely include both a prenuptial agreement and fairly specific advice on how to handle those assets during your marriage. The pre-nup is going to mean that your fiancée needs her own attorney, and that you both work this out and execute the contract well before your wedding so that you both have plenty of time to reconsider, and the asset management steps are going to be oriented around making sure marital assets are not, at any point, commingled with your separate assets.

With only a month left to your marriage, you may not have adequate time. It's up to you to decide how important this is to you, but I would be looking very closely at cancelling or postponing the marriage unless you're willing to take the risk that your asset management strategy will not survive a divorce. You could be fine anyways - postnuptial agreements do exist, and you might never get divorced - but if your specific concern is divorce, then you need more time than you have.


Title: Sketchy "job offer"

Question:
Disclaimer: This is my first time posting in this sub, so please excuse me if this is not the place to ask my question.

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Hello,

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I applied to a job about 2 weeks ago, before the Thanksgiving holiday... and I received an email on Wednesday (a day before Thanksgiving) stating that the position I had applied to had been filled... however there was an immediate opening for another position. The email stated that in order to accept the job offer I would need to fill out a simple form requesting my address, email, phone number, etc etc (the typical information used when filling out a job application) my SSN was not collected, neither was my banking information.

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After that, I researched the company and had no results... the person emailing me has an address ending @virginmedia.com. I couldn't find her on LinkedIn, or any other reputable social media channels.

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Anyhow, it was also stated in the email that I would be interviewed at some point to meet the team and understand the organization. This hasn't happened yet.

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I reply to the email (last Tuesday) telling her I am interested in the job... and do not hear back. However, since I am desperate for a job, I emailed her yesterday requesting an update. This morning I wake up to an email from her stating that there's a package being shipped to my apartment complex and that included is a check. I am supposed to deposit the check and pay myself $500 out of whatever the total amount is. I am to deposit the check, and send proof that I did so (crossing out my account number, according to the instructions).

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After that, I am supposed to do other tasks but will not disclose them as I am not sure of the legitimacy of this "job".

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As of now, I believe this job is a scam... but am also worried about the supposed package making its way over to my apartment complex. I was thinking of calling the cops and explaining what happened.

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Reasons why I think it's a scam:

\- Never interviewed

\-Sounds too good to be true

\-Haven't had any formal conversation with an actual person

\-Was never told a package would be sent over to me

\-Never signed any tax forms to onboard payroll

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Reasons why I think it could be legit:

\-Virgin Media is a reputable company (although I never applied directly to that company)

\-Job was posted on indeed

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If anyone can help me out with this, I'd really appreciate it. I can DM anyone screenshots of the emails exchanged.

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Thanks!

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Answer: It's a scam.  The check will bounce.


Title: [CO] we just found out today that my Great Grandmother [F/85] has bruises from her son?

Question: While eating breakfast this morning with my 85 y/o Great Grandmother, my mom noticed a bruise on her upper arm and asked where it came from. After some prodding, my grandmother broke down crying and admitted that her son (who we'll call Frankie) got angry and grabbed her arm and pinned her up against the wall, and that this isn't the first time something like this has happened. Her son lives with her, however she no longer feels safe at home. My grandmother (my Great grandma's daughter) contacted the Sheriff's Office and they told her that because it's Frankie's legal residence, my Great Grandmother would have to file for an eviction. I was wondering if something like a restraining order would be able to keep him away from her until the eviction goes through, or if an eviction can be rushed because of the circumstances? What recourse does my Great grandma have to keep him away so she can feel safe in her home? This is in Colorado, and I can provide a county if it's necessary. Thanks for your help.

Answer:
 Contact [Adult Protective Services](https://www.colorado.gov/pacific/cdhs/report-abuse-older-adult).  They should be able to help you with this.Answer #2: Hi, previous APS worker here.
Please, please, please contact APS.  This is what we do. Seriously, this is our expertise.  APS should be able to get your grandmother to a safe place, investigate the abuse, help file the restraining order, help with eviction and a ton of other things.  You would be amazed at what we can actually accomplish if your grandmother wants it to happen.  SO CALL.
Your end is simple:
1.  Contact APS immediately.
2.  Document and all bruises.  The type of bruising you described is called pinpoint bruising and is a clear cut sign of abuse.  These fingerprint bruises will help prove the case.  They don't happen a whole lot other than being grabbed violently.  There also may be a palm bruise as well.  So take pictures, get a notebook and get date and time etc.  Call APS and let them protect your grandmother.


Title: Dad is having lots of issues getting $1300 back after returning a defective fridge to Lowe's

Question:
My dad purchased an LG fridge from Lowe's on Friday 2/10/17 for approx. $1300. It was a unit that had been returned before, and my dad decided to choose it because it was normally $2400 - ignoring my concerns about whether it would even work. He used a debit card and processed it as credit. When we got it home and installed it and waited 24 hours for it to cool, we found out that the unit was defective and we called LG about it. They sent a service tech on Monday, 2/13/2017, and he said it had a blown compressor and a few other issues, and that it should be returned.

My dad went back to Lowe's after the technician left and raised a fit about them selling him a broken fridge. I wasn't able to go with him, but what transpired was that they offered to sell him the same fridge new-in-box for ~$1800, as well as delivery and installation/recollection of the faulty unit for free. He agreed and he again paid with his debit card. They took the receipt from the first refrigerator and processed the return, but didn't give him his money back, saying they couldn't do that until they had the other fridge back in the store. He was pissed, but he figured the only thing he could do is wait for them to pick up the broken fridge.

They delivered and installed the new fridge on Wednesday, 2/15/17, and took the old fridge back. The fridge cooled fine after we waited 24 hours, however the ice maker and water dispenser weren't working. We called LG again, they sent out a tech again on this past Saturday, 2/18/17, and he was able to fix the issue for no cost - the door sensor was damaged when they took the door off to get it inside the house. Later saturday night, my dad checked his account to see if the transaction was cancelled and the $1300 was back into his account since it had been three days since the first fridge was brought back to the store. The money wasn't there.

His first chance to get back to Lowe's since they picked up the fridge on the 15th was yesterday, and the Lowe's employees claimed that the transaction had already been refunded in cash. They then gave him the run-around, asking why he didn't have his copy of the receipt despite the item being purchased with a debit card ran as credit. They gave him a hard time when he informed them that their employee kept my dad's copy of the receipt from the first fridge when he purchased the second one. I'm going to go back with him today, because he's old and frail and doesn't really understand when people are taking advantage of him.

I've seen his bank statement and it shows both purchases, ~$1300 and ~$1800, and no reimbursement. How do I proceed? If they're claiming that they've already refunded the money as cash, this feels like a big case of cashier fraud. Do I ask them to check their point-of-sale system to see who performed/authorized the return as well as when it was performed? If they do this, do I then ask them to check the security footage that coincides with that terminal at that time? If they aren't cooperative, where do I go from there?  Do I get the police involved?  Do I call their corporate store?

I'm honestly stuck trying to figure out what it is I can do to help besides denying store credit and standing firmly on an actual refund. My dad never wants to buy anything at Lowe's again, deciding after this incident that the extra 10 minutes to get to Home Depot are worth it.

EDIT:  Location is US, Pennsylvania

EDIT 2: RESOLVED.  Went to the store and received help from the customer service employees.  They called the store manager, who was at the regional office for something today, and explained the situation.  Store manager authorized the refund of my dad's money back onto his card and they're going to be reviewing the security tapes, because there WAS a refund-in-cash done for the item to someone other than my dad.  They had to refund the money as a deduction from the second fridge since the first transaction was locked.  Escalation was definitely the key, glad to see customer service working as intended.  Look out for elderly parents, people, sometimes they trust people too much.

Answer: Has he talked to a manager at all at the store?  I would start going up the chain of command to get some help with this.  If they will not help. have him start a dispute on the charge with his bank.


Title: Did I give up my right to remain silent when I agreed to bail conditions?

Question:
I'm being accused of transporting illegal aliens but "pretrial" is focused on my personal drug use history. She brings up sober living every time we speak like she owns stock.

I have been smoking and drinking against the judges orders but there'd be no way of knowing if pretrial wasn't up my ass inventing a problem. I don't want to lie but will telling the truth get me into more trouble than being silent? Is it back to the concentration camp until sentencing either way?

Answer: You ought to have a document which shows what you have given up. Your right to remain silent ought not be something you gave up. If you are not certain, check with your lawyer. That said, it would be best to stop violating bail. If you get caught you can be thrown in jail.


Title: (Ohio) What can be done against a domestic rape threat?

Question:
So I am currently under the age of 18 and living in the U.S. within a family unit of 4. My father has done many sexual things that make the entire family feel very uncomfortable but recently had gone even further then normal. I had over heard my father speaking with my mother and he was complaining that they didn't have enough sex. Other inappropriate comments were made before he had started to mock her voice and say "Help 911, my husband is raping me." he then said "Why would he do that?" in response to the first statement, and finishing it off with "Because we haven't had sex since 2002".
Can any action be taken against this? I am very concerned for the safety of my mother as because of the context I am unsure if this was really a joke.
I apologize for any grammatical errors.
Thank you.

Answer:
 You have options that range along the spectrum from "do nothing" to "call the police."

The most rational approach might be to have a frank conversation with your mom. Let her know your concerns, and ask her how she feels.


Title: (MN) Staying in a hotel this weekend--was told the room would be free, received a corresponding invoice, but was told I would have to pay for two nights when I checked in.

Question:
Hey guys. Minnesotan here.

So I got married yesterday. Early yesterday, I checked into a hotel near our venue. I stayed in there last night and my fiance (now wife) joined me last night. We will check out tomorrow.

We had a block with this hotel. When we reserved our room, we were told on the phone that our nights would be free (plus a $30 service charge, which I was fine with). We hadn't been told about this when setting up our block, so I asked them to send me an invoice just in case. They did--and just like they said, $0.00 per night.

When I showed up yesterday, they tried to charge me about $400. I asked why, and showed them the invoice. They tried to call their sales reps, and basically told me (rudely, but that's not really relevant) that it was a mistake and I had to pay for two nights. I refused. They ended up putting the room on a credit card and said they would listen to the recording of the phone call I had with the sales rep and get back to me.

I am positive she told me we got all three nights free--it seemed too good to be true, so I made her specify on the phone AND send me an invoice. They haven't gotten back to me yet, but their attitude at check-in makes me wary that they will honor the invoice.

I am considering doing a charge-back on my credit card if they try to charge me without my permission. However, I am wondering about the implications of this and if there are any other options if they refuse after having a phone recording AND an official invoice both saying the nights are free.

Answer: A charge-back, supported by the invoice would probably win the day.  But, you're supposed to try to work it out with the hotel before doing the charge-back.


Title: Doxxed by a celebrity

Question:
Somebody I know was criticising a celebrity and received a tweet from that celebrity containing a lot of his personal details, including name, address, email and phone number, and he threatened to release it unless the criticism of him was removed.

I believe the celebrity obtained at least some of this person's information from his own website, which requires a name and address in order to register for and which the person was previously registered on.

If this is the case, would the celebrity have broken any data protection or other laws? He isn't *particularly* famous but he does have a large online fanbase who would have gone after this person relentlessly if his details had been released.

Answer:
 Releasing someone's identity isn't illegal.  It may be a dick move, but it's not illegal.

It's possible, though, that they're violating their own TOS or Privacy Policy, which means your friend could have a civil claim, but not criminal.  It would be up to your friend to prove damages, if any, and put a monetary value on them.

Without knowing information about the website, such as what promises to your privacy they have, there's no way to know what kind of claim your friend would have.Answer #2: How do you know he did this, and he simply didn't google your friend?


Title: Sister just had a baby and had Complications. [Michigan]

Question:
My sister had some complications with delivery and ended up having her bladder rip open, so she needed surgery after. These were "normal" complications.

My question is, They\re releasing the baby today, and are not releasing her. Where do they think the baby can go? Does she have any reason to get a lawyer? She is not set to be released for another week, yet her baby is being released. I find this very odd. Any help or suggestions?

Edit:Typos.

Answer:
 I believe what usually happens when a new mom or newborn baby needs to be re-admitted is that the other half is allowed to stay in the same room, but is not considered a patient. So baby will stay (and most new moms are treated on the postpartum wing, whatever they're in for), but not be taken to the nursery or weighed or whatever, unless a nurse is bored and volunteers. They won't separate mother and baby unless there's no choice medically, i.e. Mom's in the ICU, etc.

That said, your sister is a mom now. Her job is to ask these questions and make sure her baby is cared for whatever happens to her. For example, what if mom gets hit by a bus leaving the hospital when this is over? Where does baby go?


Title: (Newfoundland, Canada) Employees should be parking off lot.

Question:
I work in a small chain business locally owned by one man. He does not allow parking in the main parking lot (owned by himself) by employees, saying that we can park in the public lot across the road even if there is space in our lot because of customer satisfaction. If the other public lot is full, we need to walk from further away obviously. This rule is also in effect during inclement weather

At our other location (shared by two of his own businesses,) he does not provide any parking at all to the staff I am a part of, however his other business staff are given leave to park behind the same location.

My question is; can he deny us parking in our lot during our work hours?

Answer: The business can decide who parks on their property.  They are not required to provide parking for their staff.


Title: Being sued by a slumlord who is also an attorney. He practices in the town where the case is so he claimed a conflict of interest and got a judge from another county to preside. Thanks to the 'net, I discovered they were graduates from the same law school Class of 1978. Is this legal?

Question: Edit: WI

Answer:
 You can certainly file motions to have the judge changed, but in all frankness you'll need more than "they went to college together 40 years ago".

Answer #2: How does this sound?

https://docs.legis.wisconsin.gov/statutes/statutes/801/58

You get a free change of judge if you file the request timely. You don't need to have cause if you do it fast enough.


Title: I think I've screwed myself big time! Help?

Question:
***This will be a nice wall of text. Thanks for reading it all the way through. I'm probably in the wrong place. Hopefully if I am, someone can point me in the right direction**

Okay. A little backstory is needed for this situation. I'm 23 and up until a week ago was living with my boyfriend, T, and his family in NC, USA. His family consisted of multiple family members that are unimportant except one; His sister, J.

I've been living with them a year, and besides small arguments, we got along great. That is until last week. Last week, my dog, Duchess snapped at one of J's kids. J's kid is 5 and awoken my dog by jumping on top of her and yanking her tail. Duchess snapped at him and "bit" him near his ear on his cheek. J threatened Duchess' life for snapping at her child. A physical fight ensued and I left in my car with Duchess after J called the law (The law stated in a police report there was NO EVIDENCE my dog even made contact with her child. She has taken her son to the doctor twice since then and both doctors have supported the police report saying there is no evidence of a bite).  I also have Fb messages where she tells me nothing is wrong with her son. Later that night, I was bitten outside my familys home walking Duchess on the sidewalk. Because of this, I was in the hospital and in and out of the ER. I am just now getting back onto facebook, emails, etc. Heres the issue.  My boyfriend went over to the house today to gather all my belongings ( clothes, old iphone 5, guinea pig, etc). He gathered all the belongings and brought them back to my new house. While I was going through my emails, fb messages, etc. I see these two emails in my inbox that were sent Friday:
http://imgur.com/3XUzP3z
http://imgur.com/qqa0JX3

My boyfriend comes back without the phone, saying J cannot find the phone. Seeing those messages, I log onto my iCloud, and the iphone 5 is missing off my device list, so I cannot enable find my iphone as the phone was wiped. I've called Verizon and Apple and reported it lost/ stolen so she cannot use it on her account.

Also, going through my clothes, I noticed about $400 worth of clothing and underwear ( tags still attached) missing from my clothing hung up in the closet. They were all in black trash bags when they got here. Looking through the clothes, I immediately noticed that the brand new clothes and underwear were missing from my belongings. Suspicious, I went to my envelope in my purse ( that was under my bed at this house the whole time) and lo and behold, the receipts are all gone for ALL these clothes and underwear.

So, I have a couple questions, hopefully someone with legal background can help me.

1) If I file a police report for the lost/ stolen phone, can I specify I believe a certain individual has the phone? what can police do? What is the course of action they would take, besides going to her residence to look for it?

2) My mother bought all the clothing I mentioned above. If she finds the authorization number from her CC from all those charges, can she call the stores to see if that clothing was returned? And if it was returned, can I or the police obtain the video surveillance from the store showing J returned all those clothes? What is my legal right in this situation?

Answer:
 1. Yes. Investigate. Not much, they will need a warrant without consent.

2. Likely not. Most clothing does not have serial numbers you could use to track returns.


Title: Former supervisor stated, in writing, that I am mentally unstable and potentially a threat in a public forum during a presentation. (VA)

Question:
So the title pretty much says it all.

But to be more specific, he gave a presentation to senior managers regarding the various projects he was overseeing. I was a former project manager there.

In the presentation in the potential issues section, he stated that thier is a "potential active shooter situation from the previous project manager"  in reference to the recent events where people are shooting up their workplaces.

As I said he gave that presentation to the company's senior management, and I have a copy of it and it looks official as all hell..

Needless to say I am pissed. Do I have any options?

Answer:
 Did he say your name or use a photo of you to illustrate his concern?Answer #2: All of this seems a little screwy to me.

Your boss went to a presentation where he told C-level people that an old employee of his was potentially going to shoot up the workplace?

Even if it was intended as a joke, what motivation *at all* would he have to do that?

I've sat through and given a lot of boring corporate presentations and not once in my life have I witnessed anyone even bring up the topic of workplace shootings. That seems way out of line. Those sort of accusations are not something that senior management is just going to shrug off. If he's lying about that, it is definitely going to come back and bite him in the ass.


Title: Someone broke my laptop in a lab when I was out and my supervisor is blaming me. What can I do?

Question:
I'm currently on a field course with my university. We're working in a makeshift lab,  where working space is tight. I left my laptop running, on the table  as it was running a model when I went to the toilet.

I came back to find my supervisor trying to wipe my laptop screen. I approached and he told me that someone had split methanol on my laptop (I'm aware that methanol doesn't conduct electricity, but it has damaged my LCD screen).

The methanol is in a big bottle and was nowhere near my laptop when I left it. The person who spilt the methanol put some of the methanol from the large bottle into a smaller bottle for ease of use. They placed the smaller bottle near my laptop and then spilt it.

My supervisor (who is a PhD student who we're helping to conduct eesearch) is now blaming me for having my laptop on the table, when his laptop was right next to mine and everyone in my group has their laptops on the table. He has also said that it was "an acciddnt"  and that "no one is liable."

When I said that I don't have the money to replace it he just replied saying that I would only need to get the screen replaced, but as I said before I'm a student and don't have the money to replace it.

I'm just really upset right now. I'm receiving no support and have just been left to deal with as best I can while he and the rest of the group continue working.

I think that my laptop is covered on my home insurance, but as the damage has taken place in a different country I'm not sure if it is covered. I was thinking about going through the University and trying to claim that way.

Any help would be greatly appreciated as I feel I'm being royally shafted right now and it's assumed that I will deal with it.

I apologise if there are any errors in this post, but I'm posting on mobile and I'm seething right now.

Thank you.

Edit: I'm in Iceland currently. My university is in the UK.

Answer:
 Not a lawyer.

Does your supervisor the PhD student have the legal authority to decide who is responsible or liable? I doubt it, personally, and would go over his head to the professor above him. Also, if you know who spilled the chemical on your computer, have you asked them to pay you for the repair?


Title: Defense of an animal

Question:
Location: Ohio, USA

If someone in public kicked a dog (possibly their dog or someone else's) and you then punched that person in the face. would that be considered self-defense or defense of another?

Edit: I'm saying the guy really booted the animal.  put all their force into it.  and it was a bang-bang situation.  guy kicks dog, you immediately punch him square in the jaw

Basically my question is are animals covered under self-defense law?
Topic:
Criminal Law

Answer: You could use reasonable force to prevent further harm to an animal. It would be up to you to defend that as reasonable if you were charged with a crime.


Title: I got stuck in an elevator twice in 3 days

Question:
Throwaway, because the odds of this are insane.  -Minnesota.

I want to understand if it's likely I have a reasonable chance of engaging a civil suit against the property management company of my apartment building in Minnesota.

Rode the elevator in my apartment Saturday morning.  The elevator suddenly falls and the emergency brake system engages between floors, causing me to be stuck.  The call button doesn't work so I pound on the walls until someone hears me and calls the fire department.  I'm stuck for 30 minutes until they can pry the door open to remove me.  They didn't ask for any information from me and promptly left.  there was no one on-site to talk to me about what happened, that was that.

Rode the elevator again today,  and the exact same thing happened.  There were no signs, there were no notifications saying the elevator was in disrepair or down for maintenance.  I got stuck for another 30 minutes and the elevator repairmen had to remove me.  They happened to be on-premises to do it, and the building manager was not there.  They said they had been working on it all day, but there were no indications of that on the upper floors where I lived.  The door opened, and I got on assuming I was safe to do so.

I'm super pissed-off, obviously, although un-injured.  Do I have any recourse?
Topic:
Landlord Tenant Housing

Answer:
 I'd call your city code inspector. Tell them that your apartment has a fault elevator and management is refusing to fix it in a timely manner, or to warm anyone that it's broken.

They'll be all over that like butter on noodles.


Title: Fallen ceiling fan liability [PA]

Question:
Location: Pennsylvania

I accidentally hit and broke one blade of a ceiling fan in my rental apartment months ago.

Now that I'm moving out, I'd like to replace the fan myself rather than pay the exorbitant replacement and labor costs for the landlord to have someone repair/replace the fan.  I've installed ceiling fans before so I'm confident I will be able to do it properly and safely.

However I am wondering about my liability if, hypothetically, the fan were to fall on a future tenant and cause damage or injury.

1. Could I be held personally liable?

2. Would obtaining written consent from the landlord (as per the lease) have an effect on my liability at all?

3. Would my current rental insurance be in any way helpful?

4. If the existing fan setup includes a faulty support beam that I don't alter, and that is found to be the cause of a fall, would I be liable?

5. If I hired someone else to actually perform the install, would that impact my liability? (Assuming no formal contract defining liabilities)

I'm assuming the worst here and may just play it safe by paying the landlord, but it would be helpful to hear some insight. Thank you!

My lease includes the following relevant language:

Tenant promises: "Make no major change to the property, such as painting, rebuilding, removing or repairing without the landlords, prior written consent...Alterations become the property of the Landlord, unless the Landlord gives written permission to remove them."

Landlord remedies: "These are not the only remedies the Landlord has if the Tenant violates its obligations in the lease. Besides ending this lease and evicting the tenant, the Landlord can sue the Tenant for unpaid rent, for all rents due for the balance of the term of this lease, other damages (including attorneys’ fees, collections costs and other costs, losses or injuries). The Tenant gives up or waives its right to a trial by jury in any lawsuit filed by landlord or Tenant against the other for any reason related to this lease.

Answer: You don't really need to get to all the questions on your list. You simply shouldn't install the ceiling fan without the landlord's approval, and unless you are a licensed electrician, your landlord shouldn't allow you to do the install. If they accept your installation, the burden of liability would generally shift over to them, not you, which is why you aren't permitted to install the fan, under your lease.


Title: Why can my condo building charge us for HOA dues based on how large our units are? Larger units don't get anything extra with the extra money they pay.

Question:
Most of the units are studios, some are 1 bedroom, a few are 2 bedrooms, and like many buildings we pay HOA dues based on the square footage of our units. What allows them to do this? They recently handed out new key-fobs, but larger units got the same 2 fobs as smaller units, and we have to pay a bunch more money to get more.

It just all seems unfair since I can't figure out why I'm paying more to a communal fund based on what I own privately.

Answer:
 Real exterior maintenance cost is generally related to the square footage. (paint, roof area)  Also insurance, a large part of what HOAs pay for is based on square footage.

I think it's fair to say that a larger dwelling is more likely to accommodate a larger family.  This means more wear and tear in common areas, and more liability if someone gets hurt in the common area.

IMO, using square footage is a good way to assess.Answer #2: Their bylaws allow them to do this. If you don't like 'em, change 'em.


Title: I have a tenant who's playing a scam on me (threatening a bogus lawsuit). I did a background check and he has a long criminal history across multiple states. How do I find out if he has an outstanding warrant in another state?

Question: He's in my home. I've already served him a 3 day notice for non-payment of rent.  But I'd really like the police to just come by and pick him up.

Answer:
 > just come by and pick him up

The police will not do this for the vast majority of warrants.  Obviously, there are some they will.


Title: Kindergarten almost killed my niece

Question: [removed]

Answer: Based on the circumstances they may be liable for the medical bills (if any) that were incurred.


Title: I got in a car accident that wasn't my fault but was written a ticket.

Question: On 12/9/17 at around 10:30pm I was coming back from a night out with my girlfriend, we were driving west headed through an intersection (I had a green light) when a lady that was east bound taking a left to go north had ran a red arrow resulting in our wreck. My girlfriend and I clearly saw that we had a green light and did even think that she was even turning into us until the last second. I did my absolute best to get out of the way without endangering anyone else but it wasn't good enough, the lady had to be texting to just turn right into me because she didn't even try to avoid me. When the Sheriff arrived he asked me what had happened, I (without even really getting to process what had just happened) ran through my point of view and explained to him that I was driving west bound and that way before I even entered the intersection I had quickly, and I mean quickly.... glanced and reached for my drink and when I looked up, noticed that car in the left turning lane slowly moving forward but I didn't think she was tuning and so I proceed to enter the intersection that's when I noticed the lady coming right towards me. But because the lady had lied and said that her light was green the sheriff issued us both tickets due to no witnesses, hers was "Failure to yield to oncoming traffic." Mine was "Speed/Reasonable and Prudent." Which the sheriff explained to me that it was basically failure to control speed to avoid an accident, because I glanced at my drink to pick it up even though I told him I wasn't even that close to entering the intersection when I did that. It was idiotic of me to even to say anything about the drink but when he asked me what had happened I just recapped it all for the first time right then. As of right now the insurance companies have decided to put 60% reliability on her and 40% on myself, which to me isn't even acceptable because I know that my light was in fact green when I entered. If I get the ticket thrown out she will get 100% liability so I plan on fighting the ticket I got in court in a few days. What do you think my chances are in court? How should I go about defending myself? Any comments are truly appreciated! Also fyi I live in Arizona if you need to know.

Answer:
 Insurance companies may use the police report as supporting evidence, but they make the ultimate civil determination of fault, regardless of the police determination.

You may want to consult a traffic attorney about the ticket. The basic speed law is a broad statute, and accidents tend to be prima facie evidence of a traffic violation.


Title: [Pennsylvania] Is it legal for police to say they can't do anything without a victim coming forward?

Question:
This happened in October but it's still bothering me.

My friends and I are all under 18 and live in Pennsylvania. My friend's boyfriend forwarded her nudes and showed people at parties. I told an officer, (technically a detective I think?) and he said that without my friend coming forward as a victim, he couldn't do anything. He did say that if my friend came forward, she wouldn't get into any legal trouble for taking the pictures in the first place.

It doesn't feel right to me, but can someone more experienced please let me know if this is standard and legal?

Answer: What are they supposed to do with no evidence or complaining victim? Your friend should call up an attorney first and ask if local custom is as the officer says as far as her not getting collared for production.


Title: Assaulted by homeless man. Broken ankle due to jumping down stairs. Can't work for 3 months. Ontario, Canada.

Question:
Long story short. 2 weeks ago I had a conversation with 3 homeless people turn bad over me not giving them a lighter. As I walked away, without threatening anyone, one of them came at a friend and I with a club and what I would soon find out, bear mace. He demanded the lighter, I threw it at his feet. I had my hands up and was in a completely non threatening stance when he bear maced me in the face. All a blur from there really. But after the initial shock, I turned and ran. I came to a flight of stairs, feeling and hearing that this individual was right behind me, I jumped down the stairs blind, landed wrong and shattered my tibia. The assault continued, but mainly against my friend. I was punched a few times, but my friend got hit with the club in the head. And just like that, the instigator just left. Didn't take anything other than the lighter. My friend and I hobbled to the corner and called 911. Police were involved. They have a discription of the suspects and the exact area the were tented up. But the haven't contacted us yet.

 I guess what I'm asking is do I have grounds for any sort of case here?

 I'm 32, in good health, was working, will be going on ei. I can't work for 3 months, am going in for surgery tomorrow morning. Any advice would be great and very appreciated. Thank you for reading.

Answer:
 >I guess what I'm asking is do I have grounds for any sort of case here?

Of course.

But there's also the issue that the homeless man is highly unlikely to have any assets with which to pay you.

You should look into any victim's assistance funds in your area.


Title: Any legal issues in transferring money back and forth between foreign accounts to earn profits from currency fluctuations?

Question:
I have a foreign bank account that I was going to close as I have since moved back to the US but was wondering if I can use it to TT (telegraphic transfer) funds to/from it when the currency rate between the two countries can earn me a profit.

But before I do this, of course, I'd like to know if this is completely legal and not against any laws?
Topic:
Tax Law

Answer: Sure currency trading is legal, it’s also nearly impossible to make a profit once you factor in cost of trade commissions and depending on how you do it may draw attention of Treasury, the FBI, or foreign investigators.  Simply put it’s not a plan that will work.


Title: Wife returning from maternity leave and being forced to a new location and job.

Question: My wife is returning from her maternity leave today. She works in an office in Utah and was told that she would have to move to another office that is 1 1/2 hour drive away and if she didnt move offices she would be let go. Is there anything we can do to help keep her in her original office?

Answer: This is probably heavily dependent on the exact facts, but this might be considered constructive discharge. You should seek out an employment attorney for a consultation. You probably won't be able to avoid the loss of the job, but your wife would probably be eligible for unemployment if she refuses to transfer.Answer #2: I am going to disagree with the other thoughts posted while also agreeing she look for new work. As I understand the law right now (I'm a hiring manager and not a lawyer), the company is required to keep "a" job for her and not necessarily the one she left. Ideally, your old boss is a good egg and welcomes you back with open arms. But that doesn't happen sometimes. Depending on the work she was doing it is possible they replaced her immediately after she left to keep someone doing the job. It's also possible the 1.5 hour commute one-way is a big FU as well. Only you will know. Best of luck OP. If she writes code, we have boatloads of jobs for developers in the Northwest. She can work remotely at many of them too (so you can stay down there).


Title: HOA towed my car out of a visitors spot when i was (surprise) visiting my sister.

Question: [deleted]

Answer:
 First you need to go get your car back.

Then get a copy of the HOA rules and see if you violated a rule or not.


Title: My neighbor [58M] borderline threatened me, how should I [24M] proceed? Anything I can do?

Question:
Preface:

Dude makes an absurd amount of noise at all times and his music and tv bleed through the walls. I live in a 16-story apt building with a management co in south Florida.

When it first started happening it was my third day living here. So I knocked on his door to make introductions, it's a relatively large dude. I think to myself "Oh yeah for sure, he's going to turn down his music for a scrawny, pale, Jewish kid." We exchange pleasantries and what not. I say something to the tune of "And I was hoping if it's not too much trouble, you could turn down the music? I'm a grad student and I work from home online when I'm not at work." All of that is true. He tells me that he's not used to the unit being occupied. I told him I understand, and I actually do - you fall into a habit like that and it's fine. So I gave him two weeks to adjust. I tried to make some noise every now and then to remind him, nothing excessive, just the occasional blast of sandstorm for two minutes when his unit's output died down.

So after this phase, it's still really loud all the time. This phase, I'm knocking on his door every time it's outrageously loud (no one wants to be that piece of shit). So, it happens like clockwork and whenever I knocked, he would just lower the music or tv and not answer the door - indicative of...you get the idea. I keep doing the knocking thing for a few weeks, rinse repeat no answer.

At this point I'm pretty pissed off, seriously. This is when I start contacting the people who maintain the building (front desk attendant, management co.) and inform them of the situation and ask for advice. They say that they'll send him a letter and that every time it happens I should call down. It happens, I do so. I'm thinking I need to get creative now so I ask my other neighbors (who I'm friendly with). They say that everyone hates this guy. Along with those select neighbors, every person in management says "Oh no you live next to Sacramento? [We'll call him that because we have a different but closely related name to that] Ah, that's terrible." Turns out, I need to contact the right managers in the building; this is also the time I inform my landlord. Note: I'm renting a condo, condo owner lives several states away. They work in concert to produce more letters telling him to keep it down.

Basically, it's gotten a little less common and the noise is marginally lower from the start. That's doing everything in my power from the legal side. Another side note, it would be one thins if it's good music. But no. It's fucking top 40 (highlighted by Iggy Azalea and Blurred Lines so that bass just starts a-rumblin innnnnn) over the last two years coupled with the white man can't jump soundtrack or something.

Enter today, I wake up at 5 to get to work, work until 630 because I'm a fuckin IT tank (geographic information systems management). Get home...welcome to hell:

He comes over at 730 pm with two pictures he has of himself as a retired police officer and ex-military and introduces himself with those pictures to which I reply with “ok.” He says I’m 58 years old; I’m old enough to be your father. And I said, but you’re not, you’re my neighbor. He says do you know the law? I say yes. He says he can play his music 9-11 as loud as he wants. And I said yes, but it’s called being considerate. He says you have to respect me. I said ok well you have to respect me, I’m a grad student and I can’t have your music bleeding into my apartment at all hours of every day, if you want respect, you have to give it. He says I know what you did today. I said what did I do today? He says, you got me number. I said what no I did not. And he says yes you did, I got a call from this room (referring to my apartment). I told him that I don’t even have a land line and I only have a cell phone, furthermore I’ve been at work since a half hour ago. [At this point I'm pretty scared. He keeps referring to the pictures so I say "Is this a threat?"] He then says that everyone on the floor hates me and is pissed at me. I said, ok and closed the door.

Some more notes on the above, I get really anxious from confrontation so I buckle sometimes. This was also written minutes after so I could collect it and send it to my landlord, neighbor and the management co.

Answer: None of that is a threat.  If he *actually* threatens you, you can call the police.


Title: [CA] Totaled Car

Question:
I just had my car wrecked in a LAPD car chase, my car was parked in front of my house. And I do not have insurance.
Is there any victim compensation programs you know of or any advice for how I should proceed?

Thanks in advance.

Answer: I think you are legally required to have insurance in California so be careful who you get involved or you could end up in further trouble.


Title: Enterprise Rent-A-Car charging me $2,600 for a 0% at fault collision (Ontario, Canada)

Question:
I'm in no real distress here - just looking for someone to double check my work.

Here's the situation: I live in Ontario.  A few months ago, I needed to get a rental car.  As I have [OPCF 27](http://www.fsco.gov.on.ca/en/auto/brochures/pages/brochure_renting.aspx) on my existing car insurance policy, my coverage extends to rental vehicles.  It was on this basis that I declined additional insurance coverage from Enterprise at the time of renting the car.

Unfortunately, somebody backed into my car in a parking lot.  Since then, I have already been found 0% at fault, meaning I am not legally liable for the cost of the repairs.  My insurance company closed the file after the 0% at fault ruling.  However, I just got a letter in the mail this week, in which Enterprise sent me a $2,600 bill for the repairs to the car.

I have spoken to the claims analyst at my insurance company, who advised me that because I was found 0% at fault, Enterprise is not allowed to charge me for this, nor would my insurance company pay for it.  So, I am looking to put Enterprise on blast for sending me such a large frivolous bill, but I want to make sure I have the right law in mind in order to pre-emptively shut down any arguments they might have.

It's my understanding that [R.S.O 1990, Chapter I.8, Section 263, Subsection 3 of Ontario's laws](http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90i08_e.htm#BK279) (dealing with Direct Compension - Property Damage) dictates that they are entitled to recover damages to me based on the degree of fault.  As I was 0% at fault, this would work out to $2,600 * 0% = $0.  I know I definitely don't have to pay based on the advice of my claims analyst, but I want to make sure that I have the right law in mind when I call Enterprise and get them to close the claim immediately, lest they try and release the collection agency hounds on me.  Do I have the right legal citation with which to deny their claim?

Answer:
 Personally, I would just hand the bill to my insurance company and say "this is what I pay you guys to deal with" and let it go.  But if you have the time and energy to fight with Enterprise, go for it.  Your insurance company employs lawyers to deal with exactly this, but if you think your response is better than their somehow, give it a whirl.
Answer #2: You spend a lot of time talking about your 0% fault. That's great.

But Enterprise is 0% at fault too, and they're sitting on a busted car.

They don't have a contract with the guy that hit your car. They have a contract with you. So they are telling you to pay them for the damaged car.

You have a right of subrogation from the at-fault driver to collect whatever you have to pay to Enterprise.

Now as other people have said, your insurance company should be taking care of this. They should stand in your shoes, pay Enterprise, and then collect from the at-fault driver who caused this whole mess.

Answer #3: Is the bill for repairs or for lost rental fees? I've been told when declining rental coverage due to relying on my car insurance/credit card insurance that while my existing coverage would cover any *repairs* to the car if it's damaged that any days it spends in the shop I would be liable for their lost rental fees for those days. Just a thought.


Title: [OK] Parents took out a loan for me for 2000 dollars, said it won't be paid off until July 2008. 400 is took out a month that adds up to 4800.

Question: Okay they could be bullshiting.  I have no idea, I won't find about it until tomorrow.  I'm fucking livid they are saying they will disown me if I don't pay this back I have been trying to be a good person about this, but I know this legally cannot be right.  They said they will show me paperwork tomorrow about it.  But does anyone know if this could even be real? I know loans cannot have this much interest on them.

Answer:
 Your title and post makes no sense and you don't seem willing to answer the questions asked. How do you expect anyone to help?Answer #2: I don't understand your situation.

Your parents took out a loan, in their name, for $2000 and gave it to you, correct?

Did you have a payment plan with them?  Who is taking out this $400?Answer #3: 1. Are you a minor?

2. When you say "took out a loan for you," whose names are on the actual loan documents, and how did you receive the money from the loan?Answer #4: Where does 2008 come into this?


Title: Hi Reddit, in need of some legal advice. An art gallery that was displaying/selling my work is refusing to return it.

Question:
I have a small business that sells illustration and artwork. I put some of my work and some other artists work in a local art gallery in England. The proprietor is now refusing to return it and has instructed his landlord not to let me take anything from the shop. There is no written contract, only a verbal agreement (I know, it has been a lesson learned).
I have documentation proving that the other artists put their work under the care of my limited company. The proprietor of this shop is nothing to do with my company, but I believe he is behind on the rent and I'm concerned he's trying to use the artwork as collateral with his landlord.
What can I do?? Police have been no help at all, they tell me it's civil, and not to cause trouble!

Topic:
Other Civil Matters

Answer:
 If the police aren't interested, presumably you need to sue in civil court.

I'm neither English nor a lawyer.


Title: Just got served with a lawsuit seeking $15,000 in damages for leaving a 1 star review

Question: I gave 1 star to my old employer on their Facebook page and on Google. Today I was served with a lawsuit seeking damages up to $15,000. I didn't write anything, I just gave 1 star. They claim my review is false because I was a former employee and have never utilized their services. Multiple members of my family have. They suck. Am I really not entitled to a review? What could happen here?

Answer:
 Depending on your state, this ranges from "laughably inept shakedown" to "this is guaranteed going to cost them a bunch of money".

First look up your state on [anti-slapp.org](https://anti-slapp.org/your-states-free-speech-protection/). If you're in one of the good states, this is ludicrously easy to deal with and they will be the one paying your attorney's fees. Describe your situation with a lawyer and ask about anti-SLAPP. This is a slam dunk and they can take it from there.

If you live in one of the bad states, it's still pretty straightforward. To shake money out of you they'd have to go after you for defamation, which requires false statements of fact. You didn't even use any words at all! Winning a case in this case is also a slam dunk. Your attorney can demand that they pay his or her fees for filing such a frivolous stupid lawsuit, but unlike the strong anti-SLAPP states it's not automatic. I think they'd have a pretty good argument for it.

Both involve you speaking to an attorney ASAP. That is, if you were actually served with a lawsuit and not just a mean letter.Answer #2: 1. No one is going to award 15,000 in damage for that.

2. Get a lawyer and make sure it's a legit suit and let them respond to it.

3. Just do what lawyer tells you to and this will go awayAnswer #3: https://anti-slapp.org/your-states-free-speech-protection/#reference-chartAnswer #4: Location isn't really optional here.  Where are you?Answer #5: You should upload it how they harras people for $15.000 who leave a negative review behind


Title: NV/CA would my girlfriend(17F) and I (18M) be able to have sex in CA even if we're NV residents

Question: [deleted]

Answer:
 ~~CA has a close-in-age exemption which would apply here, you'll be fine.~~

Nope.  CA's close in age exemption makes it a misdemeanor as opposed to a felony but it's still a crime.  That also means that transporting her across state lines is potentially a violation of federal sex trafficking laws.  Keep it in your pants while you're in CA.  Answer #2: It would not be legal. It doesn't matter where you are from. You cannot have sex with her in California until she is 18.


Title: I've wasted a year as employer has led me on for a promotion yet refuses to let me apply for it. Help?

Question:
Ok so my first post here, apologies if employment dramas are unwelcome here! I've tried to research for myself online but can't find much relevant information that is New Zealand based.  It's a long story but put simply, I've been left feeling like I've been led-on over the last year by my employer, and that I'm being denied (potentially discriminated against?) the chance for fair interview for an unknown reason. I am wondering is there any requirement for a business to advertise roles internally before recruiting an external candidate?

I've been working for my employer retail company for 6 years, initially part time and for the last 1-2 years, full time as Assistant Manager.

I registered my interest in a store manager role about 12 months ago, and was told by the senior management that I was actually capable of it at that point, but would benefit from another 6 months experience, particularly in a busier store.

On that advice, I took a transfer to a busier store in Feb 2018 - the manager role there became available in May 2018, whereupon I immediately said I'd like to be considered. I was then told I would not be considered as I'd need yet further 12 months experience. Instead, a person with less experience than me was hired (who happened to be friend of senior management). He had been with the company for a year, and previously worked as a chef.

This was a slightly bitter pill but I accepted it and tried to work well with the new store manager. Unfortunately he needed a huge amount of support, and it got to the point where the time spent minimising the damage he was causing was having a drastic impact on my own work and that of my team. We slipped into each other's roles, with me managing his behaviour  and coaching him in his role. I called a meeting with senior management who agreed the situation was not ideal, and they asked what I thought should be done. I suggested they either give him more tailored support, or move to him to a smaller store so he could learn under less pressure. I made it clear that although I had initially wanted the role, I was not simply making him look bad for my personal gains. Senior management agreed with me and actually asked for my CV during the meeting, saying they would like to read through it and see why I was initially not considered for the job. This was in October.

Today it was announced he would be moving to another smaller store, and that they had already interviewed and recruited an external replacement, with no option for me to interview for the role at all.

At this point I have been told by both my own managers and previous senior management that I'm capable of the role. I have earned the respect of my team and peers, and have excellent references. I feel there is no justification for them to not give me the chance to interview when I have formally registered interest in it, and it feels like a case of senior management once again employing their friends.

Do you have any advice for me to address this situation professionally? I'm reluctant to let it slide as surely this is poor practice, but I'm wary of looking as though I complain if I don't get what I want.

Apologies for the extremely long message! And thank you all in advance.

Answer:
 Absent an actual contract promising you the opportunity to apply for the role there's not much you can do legally - jobs for mates is shitty business practice but not illegal.

I would however recommend speaking to the union (and joining if you aren't already a member) to speak about what agreements are in place and (hopefully) even try to negotiate a better deal.

https://www.firstunion.org.nz/my-industry/retail-finance-and-commerce/retail-workers


Title: 17 year old being charged with marijuana and alcohol possession without proof

Question: My 17 year old son was at a house party and the Sheriff entered the house without a warrant and charged every kid there with possession of alcohol and marijuana. They also forced them to take a breathalyzer. Is this legal? They cannot prove my son had alcohol or marijuana on his possession. They did not have a search warrant to enter the home. They told the kids that they were watching them smoke marijuana through the back window and that is why they entered the home. My son (and his friends) were so scared and intimidated by the police that they all admitted to drinking and smoking up.  How do I fight this?

Answer:
 > They cannot prove my son had alcohol or marijuana on his possession.

They can't?

Are you sure about that?

Did they see him in the same area as plainly visible alcohol and marijuana?  Because the testimony of the officer is evidence.  They admitted it.  That's evidence.  The police (presumably) found and seized these items on the scene.  That is evidence.

Seems like there's all KINDS of evidence.

He needs a lawyer.Answer #2: If the police were admitted into the home, they don't need a warrant.

If the kids admitted to the police what they were actually doing, the police can lay charges without other evidence (the kids' statements to police are evidence).

You fight this by getting a lawyer.  But it may be an uphill battle


Title: [WA] Valet parking rate at hotel is $61 for 4+ hours with no stated limit. Is there an assumed 24-hour cap or could I argue that 96 hours is more than 4 and the fee should be $61?

Question: [deleted]

Answer:
 >I have heard the valet say that it's $61 per night.

So it was stated.Answer #2: You should just ask them the charge beforehand before getting cute about it. If push comes to shove they will have your car and your car keys and you won't be in much position to negotiate.Answer #3: > I have heard the valets say that it is $61 per night to park,

Case closed
Answer #4: >If I argued that the fee for valet parking should be $61 for the length of my 4-day stay, would I be on solid legal ground or not?

This is one of those threads where I hope the answer is yes but I know the answer is no.


Title: Florida legal- hit and run neighbor

Question:
my brother's truck was parked LEGALLY on the side of the road thursday night in front of my house. At 4 am Friday morning, it had been side swiped (although his mirror remained untouched) by a low vehicle. We found a piece of the outside body of a black right mirror cover, so side swiper is a low black car.

We live in a suburb and our street is not a through street. My neighbor's black BMW car is missing. He drives it everyday. We called the cops, filed a police report, and they listed my neighbor as the prime suspect.

I tried to talk to this guy civilly and ask him to give his insurance info. What can I do legally? I have the black mirror, and I've been documenting that this car has been gone for 3 days and counting...

My brother is an enlisted dude who is going through a divorce, and 3k in damages is heartbreaking right now.

Answer: You did the right thing that you reported to the police and gotten a police report so now you just gotta wait for the police to finish their investigation. In the mean time you could ask your brother to pay for the repair on his own and later on sue that guy that was responsible for the hit and run for the money back in small claim courtAnswer #2: Just keep up with the police. They should be able to figure it out fairly easily. You could post a picture of the mirror and all displayed model numbers or sequences of numbers on the mirror to /r/mechanicadvice or /r/justrolledintotheshop. Those subs are pros at IDing cars in cases like this.


Title: How is an adult father (19) legally bound to an accidental child & its mother (19)?

Question:
There is a chance my ex-girlfriend has an unexpected, unplanned pregnancy.

In case, she doesn't go through with a timely abortion, what are the legal consequences for the future father?

This said, whilst there is no connection between the parents.. no marriage, no ongoing relationship.

Answer: You would be required, morally and legally, to financially support your child.


Title: I got a red light camera ticket and even though I wasn't driving I'm being told I have to pay it

Question:
I got a red light camera ticket in the mail and it is my plate but I wasn't driving. You don't see the driver in the pictures because it is only of the back of my car and the plate. I requested an early resolution meeting with the prosecutor and I told her I wasn't driving but she said that I'm responsible for it no matter what. After the meeting went nowhere I asked for a trial so I can fight this because I don't get why I should have it on my record when I wasn't the driver. I have never been in trouble with the law or gone to court before. Should I get a lawyer or is this something I can fight on my own? Also any advice as to how I can get the court to realize I wasn't driving would be helpful. Much appreciated.

I was charged with Ontario Highway Traffic Act, section 144(18.1)

Answer: In most canadian provinces it doesn't matter who is driving. The ticket is issued to the owner of the car and it is their responsibility. Unless you are trying to argue that someone stole the car or something like that.


Title: [IL] Friends made a stupid mistake in our dorm and now they're being accused of something much more serious.

Question:
We're living in a dorm at a public university in Illinois. These kids are 18 year old freshman who are just out of high school. Since I'm an upperclassman, I've been trying to help them get connected with services they have available on campus after this recent incident.

2 freshman (I'll call them Joe and Dan) moved into a dorm room that had a small hole in the wall. Prior to moving in, they were contacted by the university and told that there would be a hole when they moved in but maintenance would fix it shortly after they move in. Joe and Dan moved in but never filled out their Room Condition Form, in which they would detail all the damage in the room present when they first moved in.

Fast forward to the second weekend and Joe gets the idea to investigate the hole. He and Dan shine a flash light in it but see nothing so Joe decides to stick a broom stick into the hole. As he's pushing it through the hole, he hears what sounds like something fall. He and Joe freak out and pull out the broom stick.

Shortly after that someone knocks on their door. They don't answer. They had people knocking on their door for almost 2 hours before they decide to answer because I guess they were scared they would get in trouble for breaking something.

What they weren't aware of was that on the other side of the wall was a room that belonged to two girls and Joe had actually poked one of the girls while she was laying in bed. They also didn't realize that not only did the girls knock on the door, but when they didn't answer they got the RA to knock who got the Hall Director to knock who eventually got the police to come knock.

Finally they answered the door, police came in and separated Joe and Dan to get each of their stories. The Joe and Dan claimed that the police kept interrupting them by saying things like "look, I know you're finally in college and you see some pretty girls next door. You get kind of curious and decide to try to spy on them dressing." The RA also wrote it up a "peeping tom" incident.

They told Joe that they weren't going to arrest him and they left but later they came back and arrested Joe. As it turns out, one of the girl's dads was a police officer and he called to police station to urge them to arrest Joe. So Joe got arrested and was taken to the police station and ended up staying there until 4am when they finally decided to let him go because there was no way he or anyone else would be able to pay bail for him (he was barely 2 weeks into the school year, didn't know anyone in the area, and he was over 2 hours away from home) and he had had no prior record of any crimes so they decided to be lenient.

Now both Dan and Joe are being charged with multiple things (but I can't remember what exactly), including damaging school property because no one was believing them  that the hole was present before they moved in. They were sent a report written up about the incident and there were multiple things incorrect on it so I had both Dan and Joe print out 2 copies of it. I drove Dan around campus so he could talk to someone in the legal services office but they said they couldn't get involved in disputes involving the university. So they told him to make an appointment to speak to the Ombudsperson. I made sure Dan did that but turns out the appointment is scheduled for *after* a meeting with the board that he's supposed to go to regarding this incident. I took Dan to the work request office to ask for a photo copy of any documentation saying that the hole was present prior to them moving in. They said they would look for it and call him back. When they called him back, all they told him was that the police have the form.

That sounded really strange. I told Dan that he needs to call back and ask if the police took the *only* copy and if not, if he could get a photocopy of it for himself.

I apologize that this ended up ridiculously long. I just want to help these kids out. They're really nice people and it's a shitty situation for them to be in over a dumb mistake they made.

Topic:
School Related Issues

Answer: Neither of them should be talking to the police without an attorney present. There are likely two tracks here running at the same time. The first is the school administration which could get them expelled. The second is the police which could result in them facing criminal charges. The second is far more serious in terms of long term consequences. Have they told their parents?


Title: CVS Caremark and BCBS denying coverage for Hep A immunization (HAVRIX)

Question:
I'm in southeastern Michigan and for the past couple years we have had something of an outbreak of Hep A cases. Frequently the news will report on restaurants and bars where workers are found to have Hep A and the local public health departments recommend anyone who patronized those establishments during certain dates receive the vaccine as a preventive measure if it's within 14 days of when they visited the restaurant. I found out that a restaurant I went to (https://www.clickondetroit.com/news/michigan/macomb-county/hepatitis-a-confirmed-in-food-service-worker-at-buffalo-wild-wings-in-warren) had a confirmed case of Hep A in an employee and I visited within the time frame they said put you at risk for Hep A, so I went to get the vaccine at Walgreens since they had it in stock (I was about 10 days into the 14 days they say you have for the vaccine to be an effective preventive measure). The pharmacist tried to submit the cost for the vaccine to my insurance but it was denied as they charged an "administration fee" which was a part (~$20) of the total cost (~$80) they submitted in the claim to the insurance. Since this was submitted from a pharmacy it went through my prescription drug coverage, not medical coverage. My question is: is this legal under the Affordable Care Act guidelines? It seems clear from my reading that medical insurance needs to cover preventive items like vaccines, and the Hep A vaccine is on the list of recommended vaccines from the CDC ACIP. I think the insurance company is (illegally) trying to find a way to not pay for this vaccine based on a technicality. I understand there is a differentiation between medical insurance benefits and prescription drug benefits and this was billed through the prescription drug benefits portion, but the bottom line is one or the other needs to pay. The prescription drug benefit company (CVS Caremark) is claiming they don't have to pay it, and the medical insurance (Blue Cross Blue Shield) is claiming they do not pay any claims from a pharmacy. Both are denying any responsibility to pay this claim. I checked last year with BCBS about whether this was covered and they claimed it was and did not cite any limitations as to where or when I could receive it and have it covered. If I search on the CVS Caremark website for an out-of-pocket cost estimate for HAVRIX at the location I received it at, they show it as a $0 out-of-pocket cost drug.

Does this seem legal?

Answer:
 I work for a competing pharmacy with locations in Michigan.

As you have discovered, vaccine billing consists of two components: the vaccine itself as well as the administration fee. This is true whether you go to a pharmacy or a physician.

BCBSM requires us to submit vaccines as medical claims. We have traditional BCBSM, BCN, and Medicare Advantage patients.

I can tell you that Walgreens absolutely has the capability to submit medical claims to BCBSM (we use the same clearinghouse company for medical claims), but I do not know if they have a medical contract with BCBSM.

If you are being stonewalled by your PBM and medical insurance, your next step is to contact you state insurance commissioner.


Title: [VA] Shielding assets from spouse (without divorce or separation)

Question:
Hi folks,

My wife, son (6 months) and I live in a rented apartment in Virginia.  My wife is a spending addict, and I have been unsuccessful in attempts to stop her from accruing more and more debt.

I'm not here seeking advice on helping her (I am seeking that elsewhere), and I'm hoping to avoid divorce.

What I want to find out is if, in Virginia, I can structure my finances in such a way that I (and our son) will be safe from her debt.

We have a good income (both working), very little in the way of assets (separate 401k's, and a small savings account)

Almost all of the debt is in her name.

Assuming I close our joint accounts (and stop commingling our money), and assuming that she at some point defaults on her individual debts, will creditors be able to go after me?

Answer:
 >Assuming I close our joint accounts (and stop commingling our money), and assuming that she at some point defaults on her individual debts, will creditors be able to go after me?

Yes.

You need to sit down with her and have a come to Jesus conversation.  And if she isn't willing to live within a budget, you have some decisions to make.  Failure to agree on spending and finances is one of the leading causes of divorce.


Title: Question about my service dog and girlfriend’s landlord

Question:
For starters, this happened in NH.

I have a lovely boxer service dog who’s gentle and sweet and goes just about everywhere with me. This includes visiting my girlfriend who just recently got a violation notice from her landlord for having a dog over 25 pounds, and a pit bull, in the apartment.

Yesterday after work I stopped by the leasing office and spoke with the manager about it. I explained that this is my service dog, she’s not a pit bull and I don’t live there, I was just visiting.

The office manager said that since she’s over 25 pounds she can’t even be on the property because I don’t live there. She’s talking to their insurance company today to see if I can even come visit, which I think is absurd. But according to her, the insurance company might tell me no, even though she’s my service dog.

My girlfriend and I are both going back to talk to her tomorrow evening but I wanted some advice on whether or not the landlord has any grounds to keep me from visiting.

Answer:
 Here's a link to the dotGOV service dog laws you can direct the Landlord to.

 https://www.ada.gov/regs2010/service_animal_qa.html

""DEFINITION OF A SERVICE ANIMAL

Q1. What is a service animal?

A. Under the ADA, a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability.  The task(s) performed by the dog must be directly related to the person's disability.

Q2. What does "do work or perform tasks" mean?

A. The dog must be trained to take a specific action when needed to assist the person with a disability. For example, a person with diabetes may have a dog that is trained to alert him when his blood sugar reaches high or low levels. A person with depression may have a dog that is trained to remind her to take her medication. Or, a person who has epilepsy may have a dog that is trained to detect the onset of a seizure and then help the person remain safe during the seizure."""


Title: Are the terms of my pay legal (Illinois)

Question: So I just signed on to be a teacher in a preschool in Illinois.  I get paid salary, however My contract says that if I work for under 40 hours a week they will pay me by the hours,how ever if I go over 40, I will be paid my salary. Doesn't this mean I don't get over time or get the benefit of salary? And yes I realized I should have read the contract over but I needed the job desperately.

Answer:
 It's not compliant with the FLSA. They can't have it both ways. Either they treat you as hourly and pay for every hour worked or they treat you as salaried exempt and can only dock your weekly salary for full day absences. (and a few other limited exceptions).  Answer #2: When you say "teacher in a preschool", do you mean you're a licensed teacher, or is this more a daycare that calls itself a "preschool"?

If the former, your position probably is overtime exempt (assuming you earn more than $23,600 per year (~$11.37/hr)). They're required to pay your full salary, but aren't required to pay you for hours over 40 in a week.

If the later, or you make less than the minimum salary to declare a position exempt, you're entitled to overtime if you work over 40 hours in a week, but can be paid less if you work less.


Title: Minor signed documents in ER without my knowledge or consent. Do I have to pay?

Question:
In October, I (21) woke up super sick. Vomiting blood, fainting, all that jazz. I called my sister (17) and had her drive me to an urgent care. The first two that Google maps navigated us to were closed. The third was a children's hospital. I had previously been a patient there when I was in high school, so I figured it wouldn't hurt to see if they would look me over in their urgent care. The woman at the desk said they wouldn't see me at the urgent care, as the cutoff is 18 years old. However, the emergency room would see me. My sister and I headed that way. I went into the bathroom to throw up some more, and while that was happening, she signed me into the ER without my knowledge. I didn't plan on signing in without asking further questions, and she signed all of the documentation and forms on my behalf without consulting me. When I came out of the bathroom a nurse whisked me away to a room where I sat on a cot for 2 hours. Eventually a doctor came in, gave me a cup of water, and told me to leave and not come back, because I was too old to be treated there. I left and got a bill later that week for $2000. I also found out upon leaving that there was an urgent care across the street for adults. Regardless of the fact that I was unnecessarily "treated" (note-scolded) at the ER when they knew I was looking for treatment at an urgent care, and then neglected to tell me there was one I could go to - my sister is a minor. Is the paperwork she signed legally binding? I didn't sign or even see any of it. When I called to contest the charge, the woman basically said, "well, if you were in the room they said you were in, then you're responsible for paying for those services". I can't afford to pay this, and will be applying for financial aid. I just wanted to know if I had any legal standing for fighting the charge.

TLDR: 17 year old sister signed me into the ER without my knowledge when I was out of the room. They didn't treat me, but stuck me with a $2000 bill for sitting in a room. Can I get out of paying?

Answer:
 Florida Nurse practitioner here. The issue is not that you didn’t sign, but that they refused to treat you. What does your bill say? Does it say something like “exam” and then an amount of minutes, and a doctor’s name? If you didn’t receive an exam and diagnosis, they can’t bill you for one. Contest it with the hospital and/or the physician’s group.

I’d be polite but firm that it’s fraudulent to bill for services that were not rendered. You can escalate to complaining to the insurance company that you didn’t receive the services listed.Answer #2: Yes you will be required to pay.

>I didn't plan on signing in without asking further questions

You were there for  two hours, why didn't you ask sooner?


Title: What would happen if you were arrested with no ID and refused to identify yourself?

Question:
United States - And I realize it may vary by State but maybe there is a general answer. (and maybe not)

Say you were arrested and you had no ID on you and absolutely refused to answer any questions about your identity. You aren't known to the police, have no family, job, or friends that would report you missing, and have never been arrested before so your fingerprints aren't on file. Eventually what would happen to you? Would you be given a name so you could be charged with whatever you were arrested for?  Would the police put out posters and go on TV with your picture asking the public to ID you?  Would you be declared mentally incompetent and sent somewhere?

Answer: You enjoy jail food until you ID yourselfAnswer #2: You are booked under John Doe and remain that way until you identify yourself.  The longest I know of is 6 months, but the guy had a murder warrant out for him so he had motivation.  Realize that the time spent like this won't be counted towards time served.


Title: Can I report my boss for harassment?

Question:
can i report my boss to corporate for harassment and discrimination? i don’t know what to do and this group always has great advice. bear with me, it’s a bit long.

i am legally disabled with fibromyalgia and i’m on the autism spectrum, and i reported disability the moment i was hired and they have me in the system as “disabled”. despite this, i work hard for my boss. well past my physical capabilities, even. both my primary care physician and my rheumatologist have both told me to slow down and maybe just find an office job where i don’t put so much strain on my body. despite this, i still work my hardest because my boss promoted me to manager about two months ago and i want to show she didn’t make a mistake in doing so. i sacrifice my days off to come in and run catering orders, i stay well past my out time and work extra hours when she’s short staffed, i come in an hour or two before my scheduled in time most days to help her clean and get ready for audits and corporate visits, and when HER boss even calls me and asks if i can cover shifts at different locations for other managers, i do it without hesitation. i have cancelled my plans with my family and friends so many times for this job just so i could prove myself worthy. my boss used to go on all the time about how i’m the best worker she has, i’m her strongest asset, and she promised(multiple times) another promotion to a corporate position as her assistant. i thought i had really proven myself as a reliable, hard worker.

yesterday i tried to call off because my fibro was awful and i was barely able to walk. i was collapsing, crying in pain, and i had to crawl on the floor just to make it back to my bed at one point. it’s embarrassing and exhausting and i already sacrificed one of my two days off this week to go work a full shift at a different location bc the manager for that shift called off. and keep in mind, i was trying to cover this shift with the other managers since the night before yesterday just because i knew it was going to be bad. nobody could cover it so i tried for several hours to get ahold of my boss but no answer. finally i got ahold of her and instead of being understanding, she went off on me, yelled at me, insulted me, and hung up on me, only to call me again five minutes later from her personal phone to insult and yell at me again, tell me to not even bother with my shifts this weekend too(even though i just needed one day to rest, i even offered to go pay for a doctors note proving i need to rest), and that she’s going to cut my hours as punishment too because she “can’t rely on anybody here” and “nobody ever does anything” for her. she texted me after midnight today and told me to call her this morning but i didn’t even get an answer when i did.

i feel so used and hurt. i’ve sacrificed so, SO much of my time and physical comfort to help her when she needed it and the one day i need her to have my back, she just adds more hurt on top of it. i don’t know if it’s worth reporting or if i should just take this from her.

UPDATE:

she called me and told me she needs me to come in tonight and she’ll talk to me then. she said “i was just mad” to i guess excuse what she said to me? but idk. my roommate was in the car with me when my boss called and since i have hands free phone calling in my car, my roommate heard everything she said. after she hung up i pretty much told my roommate that i’m going in and telling her she has two options: she either pays me more for the efforts i put in at that place and they make more reasonable accommodations for my disability as described by the ADA, or i quit and report this incident to HR and my state for business malpractice and employee abuse.

(i copy+pasted this from another site i asked on, where i was told to post this here because you’re known to give great advice. any and all help is greatly appreciated.)

Answer:
 Your boss yelled at you for calling out. That on itself isn't going to be actionable.

Don't threaten your boss.


Title: Can the President legally be kept out of an event?

Question:
I was watching the Kennedy Center Honors tonight, and a thought occurred to me: what if next year, in a nod to basic decency, the organizers decided they did not want to allow Orange Hitler to attend.  Could they legally do so?  If so, who would enforce it if he decided he was going to show up anyway?  As a practical matter, could the Secret Service just tell them to fuck off if, for example, the D.C. police tried to arrest him for trespass?

Though the organization that hosts the event is private, the Kennedy Center itself is federal property; perhaps it would depend on the content of the agreement between the two parties, but would that fact be relevant?  If so, let's consider a private organization at a private venue, like the Correspondents' Dinner (I'm aware of the political difficulties such a move might entail for an organization like the WHCA, of course, but that's beside the point).

Answer: The president is invited to events like the Kennedy Center Honors.  The Host Committee makes contact with the White House through an invitation.  If he's not invited, he's not going to show up.  Most of these places are still private property, so he can't just force himself in the door.


Title: [FL]Can I be fired for not going to an afterwork party that's inappropriate/against my religion?

Question:
I'm a woman and work around all women including my boss. Her birthday is coming up and she's invited everyone to her party. It's at a *Magic Mike* style strip club. She's even hinted that anyone that doesn't go would be fired(she's not the nicest boss).

I don't want to go. I'm married, if I wanted to see some guy stripping I'd just watch my husband.

Could she legally fire me for this? And no they won't be paid to go to the party.

Answer:
 Wouldn't this also be covered under sexual harassment? Religion or no, I can't imagine *all* of your coworkers are comfortable going.Answer #2: Did she send out an email invite on company computers to this required event? That would be grounds for immediate termination at my company. Even mentioning plans to go to a strip club would get us a reprimand.

Bring it up to her boss and she'll be fired on her birthday. Inform her how uncool you are with this. Either way, if you're not getting paid, you're not required to go.

Make her a penis shaped birthday cake and bring it into the office. Ask her if that's appropriate

Worst case scenario, fake an illness or something


Title: [Texas] Can they really kick me and my partner out for writing on sidewalk with chalk?

Question: I am disabled, I wrote on the concrete outside the apartment office that everyone was paying for the older peoples water, went back to try to get it off, the office sent me a notice to vacate by may 14 at midnight. How can they kick me out for writing something I learned from an older member of this community, and how can they kick just me out? Or will they make my partner leave too? They will have an eviction suit being filed and a hearing witha a justice of the peace what do I do or say? HELP!!! I have no where else to go. And I have mental disabilities. Can they kick me out? HELPPPPPP!

Answer:
 Original:
http://www.reddit.com/r/legaladvice/comments/35u3ql/dfw_being_evicted_tonight_by_midnight_with_no/


Title: How do I get my son's father's parental rights terminated in Colorado?

Question:
Hi, I have been researching a bit, and as I have zero  law experience, I am fairly lost on how to get the ball rolling for terminating my son's father's parental rights.

1. My son is 12 years old and has no desire to have a relationship with father.
2. Son's father is on birth certificate.
3. Son's father has no desire to be a part of my son's life; has been absent since 2007, with the exception of a few visits.
4. Son's father has a child support order which he has failed to pay for most years since leaving us.
5. If I can locate son's father, I know he will relinquish all rights without question.

My issues are that I cannot obtain a passport for my son, who has an international school trip in the  spring of 2019, without both parents present (or without the long process of absentee parent paperwork). More importantly, I recently learned that I cannot get psychiatric care for my son without his father's permission, even though he is an absentee parent. Overall, I would like to be able to get this taken care of properly and as efficiently as possible. From what I gather, I probably don't need legal representation, but I can't figure out which forms I need to fill out and what to do with them once they're filled out and notarized.

Any advice is much appreciated! Thanks for reading!
Topic:
Custody Divorce and Family

Answer:
 It would be much easier to get sole legal custody than to have his parental rights terminated. Sole legal custody should enable you to get those things done.

BTW, I think you've been misinformed. Unless your custody order says both parents' consent is required to get psychiatric care and a passport, there's no reason you shouldn't be able to do those things on your own, even if you only have joint legal custody.Answer #2: Counts do not tend to just remove the rights of an uninvolved parent without a stepparent being willing to adopt. While he might not exercise his right to access, he has a legal responsibility to financially support the child regardless.

As u/gratty suggested, obtaining full legal custody in court will be an easier plan. It will give you the right to obtain whatever medical care is required and should allow you to obtain a passport and travel with him outside of the country.

If a provider is refusing to accept him as a patient without the other parent's consent, try a different doctor. No law makes it necessary for both parents to give permission; that is laid out in a parenting plan/custody order.

If the father has not been involved for a decade, it should not be difficult to obtain full legal and physical custody.


Title: Just got married but do not have enough income to sponsor my wife to become a permanent resident

Question:
My wife was on a J1 visa but will have to leave in the next 30 days since we just got married. I am a law student so I don't really have an income. I made 10k last summer and should make about 17k this summer. This is not enough to satisfy the affidavit of support I 864. I thought my parents would co sponsor, but neither of them are willing to.

If she leaves the country to go back to her home country, how will application for a green card proceed? I want to have her living with me as soon as possible.

I'm asking this half for legal advice and half because I'm just really sad to be losing my wife.

Answer:
 You will still need to meet the income requirements to bring her back.

You need to find a family member to sign the guarantee.


Title: A member of my family became a cop and i am a marijuana chef in an illegal state.

Question:
I'm afraid of getting him in trouble due to my usage. I obviously fully support legalization and am an avid recreational user. But I don't want him to get in trouble. So here's a few scenarios. If I come into a family get together, as a cop does he have to report me or search me due to probable cause?
Now he knows I cook at home and have all my weed there, with that knowledge does that make him complicit? If I am driving and I get pulled over and got caught with marijuana in my vehicle, and he is in the car, what would be the ramifications not only legally but through his own police force. I understand how if his reputation is ruined so is his career so just skip that one. I don't want him getting into any legal trouble and I definitely don't want to ruin his career with mine. The state in question is NJ. I don't live there but I go there to visit the family and what not. Asking for the help of u redditors!

Answer:
 likely if he became a cop, he is supposed to stop associating with people who use drugs.  while casual interactions like family gatherings are probably okay, he most likely won't be riding in the same car with you.

as far as whether or not he has a duty to arrest you or anything while off duty is up in the air.


Title: Reckless driving in NC. NY resident.

Question:
Seen an unmarked black police charger. Civilly passed them. Not even a minute later, charger starts to rev and goes easily over 100 mph and passes me, I took it as a sign for he wants to race. Downshifted. Went a max speed around 80. Got pulled. I was honest with him. Reckless driving ticket.

Court date this Tuesday, don’t have the money for a lawyer. I’ll make it to court. What’s the worst that could happen?
Topic:
Traffic and Parking

Answer: Depends on what exactly you're charged with (there are different kinds of reckless driving) but worst that could happen appears to be sixty days in jail, a fine of $1,000, license points, and the resultant criminal record.


Title: Landlord keeping first month's rent after house was not ready for occupancy - Florida

Question:
The landlord didn't want a security deposit, but just asked that we pay first months rent to reserve the house, which was supposed to be ready for us to move in on 8/29. So we paid $1,400 on 8/18, thinking it was September's rent, we'd move in 9/1 and use the weekend to paint/set up shelves, etc.

Well, the house wasn't ready, the kitchen counter wasn't installed and there was no kitchen sink, the A/C was leaking and not cooling properly, etc. as of 9/1, and we weren't able to get in over the weekend to paint or do anything because the contractor was supposedly fixing the kitchen so we could move in 9/1.

On 9/3, with the house still not ready, we told the landlord we needed to find a different house because the house wasn't ready. 9/8 he emailed us and said that the payment was a non-refundable deposit that was to be credited towards September's prorated rent. This is not what was discussed in person at all, but it's pretty much my wife and I's word against his. We never signed a lease, and he didn't give us any receipt for the check, though I did write 'September's rent @ address' in the memo line.

Is there anything I can do? is small claims worth $1400?

Answer:
 You will have to sue in small claims. Good job noting it on the check.

Do you have anything in writing about the move in date?

Your easiest first step is to send a certified letter stating that 1400 was for rent with a move in date of X. Contract not upheld due to Y reasons (state if place) and you expect your money back within two weeks or you will follow up with small claims court. Include a picture of the cancelled check if you can