Title: Is it legal to deny renting to someone based on where they went to school? (PA)

Question: My friends and I are looking to rent a house for a football game and the posting for the house very clearly says that you must be an alumnus of a certain school in order to rent. My question is: is that legal? I would guess that where you went to school is not a protected class so this is not illegal, but IANAL. Any insight is appreciated. Thanks!

Answer: It's legal.Answer #2: This *could* easily get into some trouble if you're using a school to serve as a weak proxy for protected class status.  If you were to require / refuse to rent to people who attended a certain religion's school, a historically black college, an all women's college, etc., I could see someone who is angry enough making an issue of it.  Whether you'd be able to say that the football team was why you cared about the school in a way that was sufficient to justify discriminating between renters is another issue.


Title: [USA] How many times does money have to be transferred before it becomes legal?

Answer:
 >Ingredients

  * 1 bar (or 4.5 ounces) of shaved bar soap (a homemade laundry bar, Dr. Bronner’s, Ivory, ZOTE, or Fels-Naptha)
  * 1 cup of borax
  * 1 cup of washing soda

>Directions

Thoroughly stir together for 5 minutes and enjoy the results! You can take this a step further and blend the mixture in a blender or food processor to create a powder that will dissolve easily even in cold water. (Just be sure to let the dust settle before removing the lid of your blender or food processor so you don’t inhale the fine particles.) Store in a sealed container with a small scoop.

>To Use

Use 1 Tbsp per load (or 2-3 Tbsp for large or heavily soiled loads).Answer #2: So, you want advice on money laundering?

We aren't going to do that. Answer #3: This post seems like it money laundering, which is sketch, but it does make me wonder about some things. Are people culpable if they unknowingly or unwittingly get laundered/stolen money? Say someone steals a credit card and buys their cousin a gift, does the cousin lose that or are they somehow responsible because it was stolen? Also what about ways in which someone else's ill-begotten cash is transferred for a legitimate reason?

This is completely hypothetical, but is there some amount of distance needed from the a ctual crime itself?


Title: What can I as a cyclist do to report a driver who I was being reckless in Boston, MA? I took the full lane at an intersection and he went around me very close almost causing me to fall off my bike and yelled obscenities at me as he did. I have his license plate.

Question: Title says it all. I'm guessing there isn't much I can do. I caught up to him in traffic about 5 min later and told him cyclists are allowed to use the full lane and he told me he wouldn't follow that rule, and that I was going to get killed. I then took a photo of his license plate and said I was going to report him, what's my best option?

Answer:
 You could report him to the police, or you could wait for him or another driver to kill you, and then come back as a ghost and haunt them.

Or both. Answer #2: You should post on reddit.  Wait, no, that's wrong.  You should call the police.Answer #3: Call [these folks](http://bostoncyclistsunion.org) and ask them what steps they think you should take to actually get taken seriously by the police. And then call the police to file a report. Give as many details as possible.


Title: I am 15 years old and wish to be emancipated or get out of my house in any way possible

Question:
ok im going to start on December 27th of last year. My dad was drinking heavily, as an alcoholic would, and went to sleep for 25 hours straight. i went out to see a friend and my mom brings me home. its 2 days after christmas and he starts breaking things and eventually, i call the police. he gets arrested for battery among other charges and is now out of my life as he was abusive. my mother was unemployed until recently, she got a job. it is a low paying job at a clothing store and she doesnt make a lot of money. her boyfriend, who is living with us, is also unemployed. they both drink and smoke heavily but neither had jobs. we are being evicted from our house because of their failure to pay rent consistently. we will be moving out of the district i am already enrolled in and i have a lot of things going for me at my highschool. i would like to stay but it doesnt look like i will because my mom broke our car because she wanted to see her new boyfriends family instead of taking me and my younger sister to therapy. i had told my mom twice i was suicidal and she has seen cuts on my wrists since i was 11 but still did not put me into therapy. she even went as for as to accuse me of abusing her and being ungrateful and horrible to her, only worsening my depression. she constantly pushes me down and degrades me. it was only until February when i went to the school and told them how i felt that she was forced to get into therapy. we were always 15 to 30 minutes late and eventually cancelled our very much needed appointments so she could see her boyfriends family. i am pretty sure my girlfriends family would let me move in, especially since they will have 3 open rooms after the summer is over and i am fifteen so i could theoretically get a job, at least in January, when i turn sixteen. i have been told that there is not much that can be done about my situation, but is there a way i can get out of my house. i know emancipation is an option but what if my mom doesnt agree or doesnt want me moving out? is there genuinely nothing that can be done?
Topic:
Juvenile and Youth Law

Answer:
 The only way you're getting emancipated is if you currently have a job, have a place to live, and are self-sufficient.  That doesn't sound like it is the case.  It isn't as easy to get a job and a place to live at 15 as you think it is.

Talk to a counselor at school to reach out to Child Protective Services if your mother is neglecting your medical needs.


Title: Dry bar

Question:
Hi. New here and looking for advice. When I started my job as a bartender I was paid cash for a few months and wasn’t on payroll. After the owner decided they liked me they officially hired me and I was an hourly employee along with making tips.

I always worked the busy shifts until recently. I started about seven years ago. New management came in and fired most of the old crew and hired new people. The new staff are all really fit and attractive, I consider myself good looking but don’t fit the new image being cultivated.

At first my shifts stayed the same but last month I was given a new schedule and I am only on three days of the slowest nights when I used to work every night. I know they are hoping I quit. Having a meeting with management and the owner about the changes didn’t help.

I didn’t go to college and will admit I got comfortable working at the same place for years. The money was good. I was thinking of applying for unemployment until I can find a good bartender job or something full time but the owner said I would get in trouble since I was collecting cash when I first started. If I applied for unemployment I would only put the dates worked starting from when I was officially on payroll. My question is does anyone think if I apply for unemployment that my boss will report me and I will get in trouble? Has anyone heard of this happening? Should I get a lawyer? I will appreciate any feedback. Edited to add the location is New York.

Answer:
 > the owner said I would get in trouble since I was collecting cash when I first started.

There is a very small chance that you end up paying some back taxes and a penalty on the unclaimed wages.  The owner is the one who would get in trouble.  If you get fired, file for unemployment.

>If I applied for unemployment I would only put the dates worked starting from when I was officially on payroll.

Falsifying a government document, on the other hand, will get you in trouble.  Fill it out honestly.


Title: The security at this building has been trying to intimidate me

Question: [deleted]

Answer: Do you have a carbon monoxide detector in your home? Answer #2: Sounds like you are paranoid and should seek help


Title: Can a school reject me if I was just arrested but not charged or convicted?

Question:
So I'm transferring into a university [in Illinois] and my admissions counselor was just about to admit me. She told me everything was perfect on my application, my grades high, my academia top knotch, etc. Just as she was about to she said hold on-- I see you checked off on your application that you've been arrested. I'm going to need a personal statement and for my Dean to review this before you get admitted.

The arrest in question was a false arrest of retail theft where I was never charged or convicted. I explained my situation to the prosecutor in court and since there was no evidence or way to prove I was stealing, he dismissed my case. But I didn't want to write that in the personal statement because I feel like it sounds whiney, so I just wrote a personal statement about how I was arrested for retail theft and how it was a wake up call for me to change and become a better person. Etc. however, and I made sure to make this clear in the letter, I was NEVER charged nor convicted.

So my question now is, can the dean really just reject my admission to the school based on an arrest that I was never proven guilty of? If the admissions counselor was READY to admit me based off everything else on my application and my GPA,but then stopped when she saw my arrest, it would mean that if the dean rejects me, my arrest is the reason for doing so.

Is this allowed? I understand convictions causing rejections because then the student might be a harm to the students. But I don't understand how an arrest can effect my entrance into a school. I spent less than 20 minutes in the courthouse before the prosecutor realized that I shouldn't even be there and let me go! Or is the dean simply just reviewing my application as a protocol but I'll most likely get accepted anyway?

Any legal advice on this situation would be appreciated, or even just advice on the protocol of schools asking about arrest and using arrests to determine whether or not I should be admitted.
Topic:
School Related Issues

Answer:
 > I just wrote a personal statement about how I was arrested for retail theft and how it was a wake up call for me to change and become a better person.

You wrote this in your college application? As what, an explanation for the arrest?  That makes you seem guilty of a crime.  Why wouldn't you just write it was a false arrest that was dropped and leave it at that? That's not "whiney".Answer #2: 1.) this letter absolutely sounds like you're guilty.

2.) Retribution is punishment or revenge. Restitution makes up for something you've done. You don't pay retribution nor do you have an "opportunity for retribution."

You were arrested for theft. You say you've hade a wake up call, learned from your mistake, and have paid money to the police department. There's no way anyone construes that you didn't do it.

The letter simply should have said you were arrested for theft but not convicted and then gone on to say how this first hand look at the legal system was extremely eye opening and helped guide your decision to apply to their paralegal program where you hope to pursue your interest in the law and desire to help others who may find themselves in situations similar to your own.

Legally, a private institution can deny admission to someone they think is a thief regardless of conviction.


Title: [OR] Living with someone Under 21 And having Alcohol In the fridge.

Question:
Soon I will be living with someone who is under the age of 21. While I am over the age of 21.

But is it technically making alcohol "Available to a minor" (which is the tl;dr verbage of the alcohol law here) if I bring home alcohol (for myself) and put it into the fridge?

I'm not worried in reality because we don't throw crazy parties or anything, And no police officer is seeing my fridge (or getting into the apartment) without a search warrant.

But can anyone knowledgeable give insight? it seems like surely this must be a common occurrence and that simply living with someone who is under 21 and having alcohol in the fridge shouldn't be grounds for potentially being guilty of furbishing alcohol to a minor.

Answer:
 It shouldn't as long as you don't have a side agreement that your roommate can drink your stash. Lots of parents keep alcohol in their house, even when teenagers figure out how to get into the locked liquor cabinet and steal an inch off every bottle. Not that I would have EVER done such a thing! *cough, cough*Answer #2: This isn't a dorm room slash apartment owned by a college situation is it?

Edit: /r/botsrights please be aware I played no role in downvoting LocationBot.  I in no way condone this unwarranted act of botgotry.Answer #3: You should be fine, the bigger issue would you buying alcohol and giving it to the underage person. Answer #4: Are you thier legal guardian?   On private property, consumption and possession of alcohol is legal for minors with parental permission and presence in Oregon,  although there also may be local ordinances against it.

In general,  if you make it clear that the alcohol belongs to you,  you should be ok.  For unopened beer,  label it with your name as your property and that will help your case.  Same with other booze.  If you can store it in a non common area like your room,  that is much better.  Just leaving it in the public fridge could be trouble,  even with your name on it.


Title: If you win a judgement against someone and they refuse to pay, what recourse do you have? (Missouri, USA)

Question:
I'm asking this on behalf of a friend who doesn't use the internet.

My friend, henceforth 'E', recently filed suit against a guy over some issue with a car that was sold to him. E represented himself, but the guy didn't show up for court, and judgement was rendered in E's favor by default in an amount of about $700, including legal expenses. For E, with his low income, this is a substantial sum.

The problem is, this guy is refusing to pay E the money. E doesn't know what can be done about it. Here are the complications in collecting the money:

* The guy does not have a job. We believe he either collects disability or obtains money under the table through less than legal means. He is well known by local police.

* The guy gives whatever money he gets to his mother for safe keeping. We think she puts it in her own bank account. I was not given information about what other assets he may or may not have.

So, what possibilities exist to enforce this judgement? Can assets be seized, if he has them? Can he be arrested? Can criminal charges be filed? Does some other option exist? By the way, I fully intend to advise E to get a lawyer, and perhaps even help him find one, but would like to point out some options to help him along first. He was ready to give up on this when I encouraged him not to.
Topic:
Douche

Answer:
 E can pay a fee and file with the court for an order of garnishment against the other guy's bank account or at his job so his employer will take it out of his check.

See section IV [here](http://www.mobar.org/uploadedFiles/Home/Publications/Legal_Resources/Brochures_and_Booklets/small%20claims.pdf) for further information.  (Warning: PDF).Answer #2: We do not have debtors prison so no, he cannot be arrested for owing E money. There is nothing criminally illegal about owing E money. The guy may be 'judgement proof' in which case you will never see the money.


Title: BMW FIRE , would make a nice paperweight

Question: On the 19th of June my E60 M5 caught on fire in the trunk cant say what happened but I have a good idea. Watched my car burn and become a total loss in a matter of a few minutes. I was divorced last year all I asked for was the m5 and that's about I got now for no reason its a pile of ashes. What can I do? Thanks I am located in Alabama.

Answer: Are you trying to imply someone burned it down or rigged it to catch fire on purpose?  If so, you can call the police and/or sue the person you believe is responsible.


Title: How hard is it to fire a vet with potential disabilities?

Question:
Hi all,

Throwaway for obvious reasons. Curious about a situation at work. NH: new hire. tl;dr at the bottom.

I have a coworker who was hired on in mid October to replace an employee that left a few weeks ago. It has been a total shit storm since then. The NH and her trainer majorly butted heads to the point where the NH said “I don’t have time for your bullshit” during a shift. She would tell me all the time that she hated her boss too, and how she wished she should kick him in the ass. So on an interpersonal level she had not done well.

Time management wise she frequently does not get her work done. A week or two after starting on site she spent the vast majority of her time on the phone negotiating unemployment from her previous position instead of doing her work even after my supervisor allowed her to have an entire day off to take care of it (she also only works 4 business days a week). She had continued to procrastinate and will leave before her time sensitive work is done if she is sick of being there.

From a performance standpoint she is incompetent. I will admit that our position has a bit of a learning curve but she has been working in this field doing similar work for almost 3 decades and continues to ask basic level questions now almost 2 months after being hired.

The most recent and probably most egregious issue started last week. She received an email on Tuesday where her boss CC’d her on an email saying that they would need to come in on Thursday which is usually her day off. She was really pissed and stood up and left after saying, “if I have to come in on Thursday I’m just leaving right now”. She was concerned about missing a doctors appointment in the afternoon even though she would probably only have to come into the office in the morning.

Anyways, Wednesday I clock in and she’s apparently sick (which is weird because 16 hours earlier she never said anything about feeling under the weather when she typically complains all the time about her back pain and kidney issues). Thursday my supervisor asks me if she knew she needed to come in today and I told her yes. She later asked me to provide a written statement saying that she knew she was supposed to come in, which leads me to believe that she tried to say she didn’t know since Thursday is usually her day off. I come in on Friday to cover for her since she’s still “sick”. She called in again today.

Apparently HR says it’ll be a big headache to fire her because she is a veteran and may or may not have documented mental health disabilities. I guess my question is if she would have a case against our place of employment for wrongful termination even with documented cases of underperformance?

tl;dr: coworker who was hired in October has been a nightmare. She’s a vet and might have documented disabilities- if they fire her, does she have a case for wrongful termination?

Answer: Being a vet or disabled doesn’t give you special status such that it’s harder to fire someone. So long as the reason isn’t the disability there is no issue with firing them just like anyone else.  If they sued for unlawful discrimination they would be able to make out a prima facia case of discrimination, but all the employer has to do is come back and point out they were an asshole and they would have fired anyone who was an asshole like this and the case goes away. It’s worth consulting with an attorney to get your ducks in a row, but it’s not like the person get a special exemption from being a terrible employee.


Title: Cats have been re-homed, disappeared, potential animal abuse?

Question:
A few months ago my girlfriend and I re-homed our two cats to a woman who sent us a lovely email asking to adopt them. We had her over to our apartment to meet the cats/adopt them. We liked her and let her take the cats after an hour long meeting with her. She claimed that she wanted to surprise her two sons with our cats the next morning when they got home from their father's home. We thought we were doing the right thing, and she seemed to be nice, and we failed to write up a contract before we gave them to her because of the rush. We did however come to verbal agreements, (1. she was 'testing' the cats out at her home for the weekend and 2. she had to give us updates on the cats via pictures, etc.) We basically wanted definitive proof that our cats were okay.

Fast forward a couple of days, I text her asking how things are going/asking for pictures of our cats. No reply. Text her one more time the next week and she replies with a long thing about how she is busy. Things seemed fishy. I called and texted her 3 weeks after the initial adoption and learned that she had blocked my number. At this point, I decided to see for myself, so I went to her home with my girlfriend. She was not home, but her two kids (~16 and 14 teenage boys) were home and let us inside. Our cats were not there, however, she had probably close to ~20 cats and ~5 dogs living in the home. Our cat tree and cat carriers (that we gave to her for free along with the adoption, she paid $30 for the cats) were there however. Upon learning that our cats weren't there but all of their stuff was, I took all of the stuff back (cat tree/cat carriers). Her kids seemed okay, but confused at the whole situation - neither one of them had ever seen our cats and one was quoted as saying "I don't pay attention to my mother's animals."

30 minutes after taking our stuff back and leaving her home, we learned the whereabouts of her and confronted her at a roller rink. We asked her where our cats were, she said they were with a friend of hers who was disabled and paranoid and she didn't want to give us any information on their whereabouts/any proof at all. She continued to call us 'thieves' for taking back our cat tree and cat carriers, and we basically got no where after 45 minutes of asking where our cats were. I literally offered her $100 cash and all of the stuff back simply for proof that our cats are alive and okay, and she couldn't do it. Perhaps (I hope) that the cats are actually with her friend and that they are okay - however we have no proof, and she refuses to even give us a picture.

This has been slowly eating away at me and my girlfriend for 4 months now, and I've decided that I would like to pursue the matter legally. All I can think of right now is to accuse her of animal abuse to our cats. Can I file some sort of agreement/lawsuit against her? Our #1 goal is to know that our cats are alive and okay, in fact that is our only goal.

We are located in Michigan, outside of Grand Rapids

Answer:
 >Can I file some sort of agreement/lawsuit against her?

For what? You gave her the cats and all of their stuff. She had no legal obligation to you once they became her property, and pets are considered property in the eyes of the law. You then proceeded to harass her, show up at her house, interrogate her children, and steal the property you gave her. You then tracked her down at the roller rink and harassed her for 45 minutes. I'd be more concerned with what you might be facing here.

 Answer #2: Call the city animal control department and report her for having so may animals in her home.  You have no evidence of what she did to your cats. You should have done this 4 months ago.

In the future don't take on pets you aren't willing to keep for their life span.  And if something comes up where you need to rehome them don't give them to the first random whack job you talk to. Answer #3: People REALLY need to re-home their animals through shelters where proper background checks can be done. She may have taken the cats and sold them on. Fingers crossed she took them and sold them onto a loving family. They could have ended up as baiting for dog fighting.

You gave the cats away, had no signed contract, she's not obligated to prove jack to you.


Title: There's a recent case where one defendant chose to go to trial, while her co-defendants plead out. Now that she's been given jail time, her lawyer is arguing "parity of sentence" with her co-defendants who took the plea. How likely is this to happen, and what is the logic behind it?

Question:
**Summary of incident:** In Philadelphia in 2014, a gay couple got beaten really badly (shattered jaw and broken eye socket) one night by a group of young adults. Story gets a lot of attention, and police release some footage of suspects walking down street. Internet detectives find the group and police charge 3 suspects.

2 of the suspects agree to a (what I think is fairly lenient) plea deal that consist of probation and community service. One suspect decided to go to trial, where she was convicted and sentenced to 5-10 months of jail time. Her lawyer just filed a motion for re-sentencing, saying that there "should be parity between the sentence Knott received and those given to her two codefendants." [Here is the relevant article.](http://mobile.philly.com/beta?wss=%2Fphilly%2Fnews&id=370690321)

**Question:** Does this motion stand a chance? I thought that the whole point of plea deals is that you're getting a "better deal" than you would if you were tried and convicted. How would be in the interests of the criminal justice system if someone goes to trial, gets convicted, and then gets the same benefits that someone who didn't take up the time and resources of the DA's office?

Thanks in advance!

Answer: A post-conviction sentence appeal sounds like a good idea on any grounds you can argue if you are going to jail.


Title: [CA] Shifting testimonies question

Question:
The plaintiff has a letter signed by a witness stating something.

The defendant depositions the witness to clarify the letter that the plaintiff has filed with the courts. The witness then states that he did not sign that letter while under oath.

Now if the witness is hounded by the plaintiff's attorney hounds the witness asking him to say that it was indeed his signature then what happens to the credibility of this witness? He testified under oath that it was not his signature so therefore he cannot change his mind now without losing credibility, correct?

Answer:
 A) Dude. Put down the bong and learn how to write.

B) It would likely reflect poorly on the witness' credibility/testimonial capacity to change their testimony between the deposition and the trial.


Title: Can my school punish me for posting about smoking weed on my Instagram?

Question:
If I posted about smoking weed medically at 17, without a medical card but fitting the conditions, could the school punish me for it?

Also I’m in California

Answer: Most, if not all,  schools can punish students for posting about their illegal activities on social media.  Without a medical card you are not a medical marijuana patient and are just illegally using marijuana even if it is legal in your state since you are underage.


Title: [Texas] Lease agreement states landlord can enter the residence without consent to review property's condition. Is this out of line?

Question:
We are reviewing a lease for a townhouse in Texas and the lease states:

"Additionally, landlord or anyone
authorized by landlord may peacefully enter the property at reasonable
times without first attempting to first contact tenant and without notice
to: (1) survey or review the property’s condition and take photographs to
document the condition;..."

Is this a common practice for rental homes in Texas? We have absolutely nothing to hide but we feel uncomfortable signing a lease with landlords that do not respect our privacy.

Answer: It's legal, and there is no way in hell I'd agree to that.


Title: Education fraud

Question:
It’s been a shitty year. If you look at my other post you will know why. I applied to Grand Canyon university and was told by the counselor that it would take me two years to get my bachelors in biology with an emphasis in pre pa (I have an associates from Pima medical institute). Half way through the semester I found out that none of my credits had transferred and it would actually take me 4 years to graduate. Besides all this I was in a car accident and unable to drive to school for a while. On top of everything my uncle died so I had to skip class for my family. Now they are putting me down for “f’s” in each class (I passed 1 when I still had my car) and charging me about $9000. I feel like this is a case of fraud? I filled out an appeal form to be excused from this semester. What should I do if they deny the appeal?? Is this a lawsuit?
Topic:
School Related Issues

Answer:
 Why do you feel this was fraud?

You might have some beef at being told it would only take two years, but it will come down to a lot of specific details. How it was said, why your credits didn't transfer, and so on. Why didn't you learn about your credit transfer until halfway through the semester?


Title: Repeatedly found neighbor’s 1-2 year old child wandering alone on the street

Question:
There is a small 1-2 year old child who lives across the street from me who my family and I have repeatedly found (at least five times) wandering alone outside of their house. When we find her out we’ve led her back home and told the family who lives there that their kid is out. The family seems unconcerned about this.

There was one very scary instance where I was about to back my truck out of my driveway, and my dad yelled at me to stop. The girl was sitting/crouching behind my truck on the sidewalk. There was no way I would have seen her if my dad hadn’t have happened to be outside at the time. That really shook me up.

In the past few months, we will often find her walking around the sidewalk or the street outside her house and my family is getting really concerned.

The house she comes from is a large extended ethic family (I live in Hawaii so that’s pretty common) with a lot of people coming in and out all the time. They’re friendly, but they don’t seem very concerned about it at all.

Should we call the cops next time we see her out, or CPS? We haven’t called the cops in the past because we figured they wouldn’t really do anything except tell the family to be more careful... what’s the responsible move here?

Answer:
 I once read a story of a grandfather backing up his vehicle and running over and killing his granddaughter. Call CPS.Answer #2: An anonymous or identified call to CPS is completely justified. This is classic neglect and borders on child abuse. Unacceptable. The family is inviting an accident or a pedophile. Nightmare waiting to happen.    Answer #3: Normally my answer in these kinds of situations is to mind your business.

This kid is 1-2 though and it has happened multiple times?
Call CPS. This is wrong.


Title: TN wife won't help pay mortgage

Question:
My wife left a few weeks ago,  and keeps coming over to get more of her stuff.  I had told her that it is still her house and she can come anytime to get more of her stuff.  Last week i asked if she was going to help pay the mortgage.  She said no because she doesn't live there any more,  she will not help in any way.  So do I need to ask her for her key to the house?  I have tried contacting my lawyer,  but he doesn't answer in the weekend.  Also,  does this mean i don't have to let her get any more of her stuff?  Has she just forfeited any claim to the house or the equity in it?  We normally use our joint account to pay the mortgage,  but last week she took half if that. Any help is appreciated.
Topic:
Custody Divorce and Family

Answer:
 If she's on the deed, then it's her house as much as it is yours, and you can't lock her out.  She doesn't forfeit that because you two dispute over who pays what.  Answer #2: Technically, she retains half the equity, but you can remind her she loses all equity in a foreclosure.Answer #3: >We normally use our joint account to pay the mortgage, but last week she took half if that.

And because it's a joint account, either spouse can legally clean it out without the consent of the other. Open your own account that only you can access and put your half in there.


Title: Dog bite advice.

Question:
Ok, this is my first post. So, I apologize if this comes off incorrectly.

Location: Kansas, United States

I own a Husky. Several months ago I gave that dog to a close family member because I was relocating, and the new residence did not allow pets. So my family member had possession of the animal for about 3 months now, and I have had little communication with them about the dogs behavior since.

Last night, my family member told me that the dog bite one of her friends children. The child was taken to the ER, where they mandated a police report. Later that evening the local police picked the dog up for a mandatory 10 day impound to check for rabies. I tried to speak with the officer in charge of this case, but was unable to because he was no longer on duty.

What I do know. The dog is in the pound for 10 days. There is a minimum of 100$ fee for that. Apparently there will be a court case for a viscous dog. A possible citation for no local dog tags ( dog was in a new town). Also, I have no idea if the victims parent will press charges.

What type of legal issues do I face due to this? Is there a shared responsibility with my family member and myself? Do I need a lawyer?

Answer: Did you give the dog to your family member not expecting it back? Or are they holding it for you until you move to a place where dogs are allowed?


Title: Harassment after Yelp Review

Question: My wife left a negative Yelp review after her mother had an awful time at a hair salon. The owner of the salon has emailed my wife 4 times in the last 24 hours and called one time (blocked alert). She has said that she will take us to court if we do not take down the negative review. I know she doesn’t have any legal legs to stand on, but all of these messages have been very insulting and in the last one she said that she hoped that we all die in a car accident. Does this constitute harassment? How can I get her to stop contacting us?

Answer: Ignore the emails, but save them in the off chance that you are sued. It's probably more trouble than it's worth to take any action, such as getting a restraining order, which you wouldn't yet qualify for in most places.


Title: For Profit 12 day heroin detox facility moving next door.

Question:
Hey /r/legaladvice,

As the title states, the home next door to me is being turned into a for profit detox center.  Before I go on with the details, I want to note that I'm looking for advice on how to approach stopping this (if I can) from a legal standpoint.  Also, I have no issues with drug users and understand their hardships (several of my family members have gone to long care facilities and now lead much better lives), making me even more opposed to a seemingly predatory business moving in next door.

The details:

I live in a residential housing community in Ventura County, California that is zoned for single family living only.  Recently, our neighbor (the original owner of his home) passed away and his family sold the property to a house flipper.  Apparently, the house was going to cost too much money to flip, so the owner started to rent the property to a small family for one year.

A year passes and while the family moves out they mention that they are being replaced by an LLC (owned by the owner of the house and someone else who specializes in detox facilities) and will be a short term drug detox center specifically for heroin addicts.  I thought this was odd, as the house was not zoned for running a business, however as I looked into the situation I realized that as long as they only housed six people or less, they could operate  as a "single family" as a FOR PROFIT detox center with no business license.

Our street is a small cul de sac and needless to say the other neighbors are worried about a business of this nature entering our community.  We've tried to talk to the owners of the LLC, but we have no assurance that the occupants of this facilities will be contained to the house, making the community wary of possible property damage as well as drug related activities.

I have no experience dealing with this type of situation, so any information would be helpful. It has been very difficult dealing with the people who own the LLC, as it seems that they are kind of bullying the neighborhood, realizing that people will not be able to sell or rent their homes with this type of facility on the street. If I need to add anymore information, let me know and I will try to gather what I can.
Topic:
Real Estate law

Answer:
 If the property is only zoned for residential use, there's your legal avenue.

Contact the zoning board and/or the business licensing authorities. Even with the six person clause I suspect they run afoul of other restrictions.


Title: TN: Property Sellers turned Squatters

Question:
I closed on a house yesterday at 3:00 pm Central. On June 1, we signed an initial contract stating that I would take possession of the property on the date of closing. We have not signed a single document stating otherwise. At the beginning of closing, however, my realtor (let's call her C) had this to say:

She had a phone conversation with the sellers' realtor (in the presence of the lawyer who handled the closing) in which the sellers' realtor, let's call her V, asked and begged and pleaded for her clients to have until noon Saturday (today) to move out. C made me aware of this before signing the paperwork, and I agreed verbally to this arrangement. V assured C during that conversation that she would obtain a written and signed agreement from the sellers and forward it to her to sign, but this has not happened as of writing. During the closing, the lawyer stated that he would hold onto my closing check until Monday and not release those funds to the sellers, at which point we can decide how we want to continue. It was too late in the day to send off the paperwork, anyway.

At 7:00 a.m. today, C texted V and asked if the sellers were still on track to leave at noon. At 10:00 a.m. today, V responded and said they would not be out today with no explanation why. Once I let the various family members who were helping me move know, they split into two camps:

* Call the police immediately and charge them with trespassing.

* Wait until Monday and ask the lawyer about charging them excruciatingly high rent, up to and even surpassing my closing costs.

And they both have very good arguments, but I am more or less paralyzed when it comes to conflict. I don't know what I can do or what I should do or anything. Any advice would be greatly appreciated.

C has also let me know that the sellers are asking for my name and number to talk with me about my "expectations for them moving out." I refused to talk with them for fear of escalating conflict and deflected to the lawyer who handled the closing.

Extra info:

* They closed on their new house at 9:00 a.m. Central yesterday.
* I am located in the United States in the state of Tennessee.

Answer:
 I'd be very surprised if the police removed the sellers or charged them with trespassing. This is a civil dispute about possession, not a criminal dispute about unauthorized entry.

The camp suggesting that you talk to your lawyer has the right idea. If closing has not yet completed and you're still holding funds in escrow, the sellers may still own the property. Otherwise, if you closed and the lawyer handling the closing is just delaying the check, the lawyer will have to disburse that check eventually but you do own the property. Ask that lawyer if he or she can advise you, and if so, ask for advice. If not, consider retaining a lawyer who represents only you.

It's _likely_ that if the sellers continue to refuse to vacate, and if you have closed and gained title to the property, you'll have to evict them like any other unwanted tenant. As they have no lease and are holding over past the completion of a sale contract transferring possession, I believe no further notice is required and you can proceed directly to the eviction suit, but talk to your lawyer.


Title: Brothers 3rd DUI in a year in NC.

Question:
My brother was arrested on 08/07/2016 in NC and charged with a DUI. He has 2 prior DWI's from late 2015 in NC.

3rd DWI info - His BAC was .21, struck a vehicle (no one was injured), license was revoked at the time and was on probation at the time due to his previous DWI's. He is being held on a $27,500 bond. Today is his 48th day in jail.

Obviously my brother has a drinking problem that is fueled by extreme anxiety, depression, isolation and the death of our mother. For about the past year he has self medicated with alcohol to feel any amount normalcy  He takes medication (Neurontin and Nardil) for his anxiety. He has also been diagnosed with Multiple Sclerosis.

I've spoken to various attorneys; one said the best case scenario is he is released with time served and placed on intensive probation with other special conditions (that attorney wants $5,000 to represent him). I've also heard that 1 year jail is required with a 3rd DUI.

Any advice or opinions on what I should do would be greatly appreciated. Thanks guys.

Answer:
 >"Obviously my brother has a drinking problem that is fueled by extreme anxiety, depression, isolation and the death of our mother. For about the past year he has self medicated with alcohol to feel any amount normalcy"

No.  Your brother has a drinking problem. Full stop. The rest are just excuses, which will go nowhere with a judge.

Hire the best lawyer you can afford.


Title: What would stop me from making and promoting a film starring average people who legally share the same names of famous actors?

Question: Aside from the movie being awful and audiences being outraged at the deceit, what would stop me? I know actors often rework their names. I assume that's why Samuel L Jackson uses his middle initial. I always though they did that to help differentiate themselves and prevent confusion. Or is that a legal mandate? Is there a point where a person becomes famous enough that their own name is a trademark and other people can't use it? What point would that be?

Answer:
 Samuel L. Jackson uses the L because the actor’s union (SAG) does not allow the same name twice. Somewhere in the history of actors there is a Samuel Jackson, William Macy, Murray Abraham, Michael Fox, and many others whose names were already taken, requiring them to add the initial to separate themselves.

In short, you can make that movie as long as it’s non-union, and I wouldn’t invest any money you hope to see again.
Answer #2: The reason actors often rework their names is because of union rules. The actor's union requires that every actor have a uniquely identifying stage name, and it's generally first-come, first-serve. If you have a common name, you'll need to pick a stage name to act under. (At times, actors have had to pick a stage name because another actor prior to them has chosen their real name as their stage name.)

This comes up in wrestling sometimes. The major wrestling companies often trademarked their performers' names, retaining the intellectual property rights after they left the company. This often left wrestlers having to perform on the independent circuit with a knock-off name. Some wrestlers, however, legally changed their name to their wrestling name. Joanie Laurer legally changed her name to "Chyna" in 2007; Ryan Allen Reeves is now Ryback Allen Reeves; James Hellwig did it back in 1993 and was known just as "Warrior" until his death, and his family kept the new surname. This way, they were able to circumvent the trademarks on their performing names and perform under their own names.


Title: It's looking like I'm going to be served and I'm really scared to be honest

Question:
[deleted]
Topic:
Small Claims Procedure

Answer:
 Delaying being served is a temporary solution.  You will eventually be served, and it may not be in a location or method you find particularly pleasing.

I would get a letter from your university on their letterhead, but the statement from the previous employee would be hearsay, so the judge probably wouldn't allow it.

I would get the service next time so that know how long you have to get prepared.

In general, even if your contract stated you had to find your replacement and you did not, if it doesn't identify damages that occur because of not doing so, then the guy doesn't have anything to sue you over.


Title: [AL] Found out that I am a member of a Corporation my deceased father made when I was a child

Question:
Hey everyone!

So, I have an interesting situation. The state of the Corp is Alabama, but I actually live in another state.

In 2000, back when I was either 8th or 9th grade, my dad formed a corporation to do some work locally. He worked for a few years before getting sick and passing away. We all assumed that, while he was sick and had been unable to work, he had closed up the business as he never really spoke of it anymore.

In high school I had helped him do some of the manual labor involved, but by the time I entered college at 18 I began to have less time to help and wasn’t as involved, though he also wasn’t working on it as much; just the odd job here and there. He ended up getting pretty sick from terminal cancer a little while later and passed away when I was 21.

It’s been over a decade since then, and I was browsing around the net and decided to google the name of that company. What I found was a listing on some site that collects Alabama biz information, which listed the company as still active, as a “Domestic Corporation”, and with my father as the active agent. However, under members it had ME as an incorporator!

I don’t really remember doing it, but I trust my father explicitly and so I have no doubt that 8th grade me really did sign stuff and that he probably thought it would be really cool for us to have a father/child company.

This company has been sitting for more than 10 years, active but with no assets that I am aware of and no paperwork that I could find in his old belongings. It hasn’t paid any filing fees, taxes (tho it made no money), or anything else since at least when he passed but possibly longer seeing as he was sick.

What does this mean for me? What sort liability do I have in this and what sort of responsibility do I have to do something with this? The last thing that I want is to have some huge oversight put my family’s financial future at risk.

Thanks!

Answer:
 I'd like to see some replies here too. In NJ, I was warned-off the same situation after contacting the state treasury. Basically, they implied that there were decades of unpaid taxes and fees due even if there were no profits to the particular business, but there is a process for reinstatement at least here in NJ, so there may be cases where it is worth it to pursue.

At the very least the longevity of a corporation has some value, ie:"SoandSo and Sons and Daughters- since 1982", gives an instant impression of a number of positive characteristics such as, "They may be more trustworthy than the newer guys".


Title: [Canada, Québec] Restaurant-Fire extinguisher inspector said that, by law, fire extinguisher has to be refilled each year. Refused to pay bill when I looked it up and found that it's not a law. He took the fire extinguisher and the replacement and left me with none.

Question:
I manage a restaurant. I asked him if it is legally required that we have it inspected and refilled each year. He said yes, it is the law.

He took the fire extinguisher and put a temporary one and returned today with my fire extinguisher inspected and ''refilled''. He does that every year.

I told him that he gave me false information. Therefore I will not be paying the bill until I seek legal advice. I told him that if it is true that it is a legal requirement, I will certainly pay the bill.

I was speaking with him on the phone. I expected him to leave the bill and the fire extinguisher. It is a restaurant, I don't think it is legal to remove  a fire extinguisher from a restaurant, but he did.

I have him on tape saying that it is legally required.

I contacted the company to have my fire extinguisher returned. She says i'll see what I can do, we will call you back.

I called every help line in the city, they all refer me to the fire department info line where i have to leave a message.

Am I in the right? What should I do?

Priority#1: Get back the fire extinguisher.

Answer:
 Not sure or not if there's an actual law about it there's probably some sort of municipal by-law stating that fire extinguishers should be inspected every year. In my case, I get mine inspected every year and maintenance has to be done every 6 years which involves recharging it. The label on the extinguisher should have the dates.

Recharging it every year is a waste of money... but you're a restaurant so your needs may be different because you need a type K extinguisher in addition to having your CO2 system for the hood in working order. To know you should contact the fire department. If an inspector comes by you will be in trouble. He probably took the extinguisher as a pressure tactic for you to pay.


Title: Can you sue years later? Boss threatened me and sexually harassed me (plus forced me to work without pay) but I have been too traumatized to do anything. I'd like some retribution.

Question:
Basically while I was an undergrad I inquired about working in a lab. The manager handed it over to a phd student, thinking he'd onboard me and pay etc. the phs student kept delaying and threatening me to keep working or else he'd "tell people" how poor a worker I was. Being a terrified 19 year old I kept doing work for him. He used all my writing to get published and win major awards. He also called me late nights and would touch my shoulders and blow me kisses which creeped me out. I kept trying to end work but he would say it would be bad to have my name blacklisted-that I would "pay" for not listening to him. When I had to miss my grandmothers funeral I quit and went to HR who gave me backpack for all my work. I just found out I could've sued in some way. Is there anything I can do? Even if it's not legal could I write to the university who has since appointed him as faculty?
New York State.

Answer:
 You can always write a letter to someone outlining your concerns.  You need to be careful that such letter is completely factual - lying in such a letter could open you up to a successful defamation claim.

As for a lawsuit, there is a limitation on how long you have to file suit.  That limitation is based on the type of suit and the jurisdiction where the suit would be filed.


Title: Felt intimidated and scared by DM's behavior, don't know if I'm fired.

Question: I work in the food industries. Been an employee of a franchise for 6 years now. I don't know how specific I need to be, but I was going about my normal morning routine today. I was in a sound proof area for a minute, and didn't know that my manager was calling for help. When I left the sound proof area I immediately went to help. Our district manager was there that morning, helping out. He came up to me in an extremely aggressive manner, bending over into my space and sticking his finger in my face and berated me. He's done it before, and it always scares me, but I always let it go. This time I asked him not to be so aggressive. H e asked me if I had a problem and I said yes, could you please not talk to me like a dog and please not stick your finger in my face. He said "you know what, you're done, you should just go, just leave." I am ashamed to say I started crying, it was very intimidating. As I went to leave he said "and I'm doing your job right now, we don't even need you." I don't even know if I'm fired. Can a DM fire me without the franchisee agreeing? Can I file a complaint over just feeling afraid and harrassed by how he talked to me? I guess that's the point of my legal question, is it legally ok for a DM to come into my personal space, stick his finger in my face, and talk to me like a dog that just piddled on the ground? If it's not ok, and I am fired, what legal action can I take, and how would I do that?

Answer:
 > Can a DM fire me without the franchisee agreeing?

Maybe, contact your boss directly.

> Can I file a complaint over just feeling afraid and harrassed by how he talked to me?

A complaint to whom? It isn't illegal to be an asshole, but corporate HR may want to know about it.

> what legal action can I take

You can file for unemployment and seek alternate employment.


Title: My wife added card info to an online ordering app and was instantly charged about $250 they claim was from 2014.

Question: My wife updated her credit card information on an online food ordering app, one that she doesn't use very often. Instantly after updating the information they charged about $250 to it. When questioned they claimed that there were back charges from 2014 that didn't go through. The onus has been placed on us to provide proof that the payments were made. But she doesn't have the old card, nor the records from that far back, and the account has been closed because of fraud (which happened later). They have her email address this entire time and never notified her. She is confused as how $250 of charges weren't processed at the time of ordering and thinks it's a mistake. What is her recourse here? New York state.

Answer: dispute with your credit card company.


Title: Cars Congesting the Street.

Question: My brother lives in San Jose, CA. He lives in a residential area which has a property located on a hill. Every week without fail there is a particular neighbor on the street that throws parties to the point that both sides of the road are filled with cars and the remaining residents that are further down from the house cannot leave their residence for the duration of the party because of how crowded the streets are. The road is narrow and uphill as is, and with people parking their cars on the curbside a majority of cars cannot even pass through (20+ cars). My brother is getting increasingly more annoyed with this and is considering moving out because his neighbors won't even do the courtesy of warning his guests or his fellow neighbors of these large parties. Is there anything he can do. I feel bad for him because he has not been able to go home after work on a Friday for legitimately 6 months. I should note my brother has pleaded with his neighbor to at least give a warning so the residents know and the neighbor has shown a complete disinterest in cooperating. Any help or advice would be greatly appreciated

Answer: The police and especially the fire department would love to know that their vehicles have no access to the neighborhood.


Title: Car Accident - Forced to take off work for insurance adjuster?

Question:
Hi All,

I was in a recent car accident in Georgia. The other driver admitted fault, there were two witnesses to the crash, and the police report found the other person at fault. They have Geico insurance.

Geico called me today and said they are taking responsibility for the accident, and that I need to take my car to a Geico claims center to have it inspected. I can then take my car to any shop I want for repairs.

Here's the kicker - the adjuster is only open on Wednesdays from 8a-2p. I work during this time. I asked if there are any options for weekends, evening, or even any other day during the week. I travel for work every Wednesday. I was told no, and that I had no options but to take off work and have the car inspected. Geico said I will not be compensated for lost wages.

What options do I have?
Topic:
Insurance

Answer: Legally? None. This is life. Sometimes you have to take off work (or have a friend or family member take your car in for you, or drop the car off early and take the bus/taxi, or any of a number of other options).


Title: Next-door-neighbor's tree is causing significant problems in my GF's backyard

Question:
San Jose, California

Posting on behalf of my girlfriend.

She lives with her mother in a house that they own. There is a tree on the property of the adjacent neighbor that is causing issues in her backyard.

First, part of the tree is leaning up against the fence that they share, causing it to lean slightly toward my GF's side of the yard.

Second, the root system permeates the ground underneath my GF's backyard and large shoots grow very quickly up out of the ground from the root system. This makes it very difficult to do any sort of landscaping or put in a lawn. Here is a picture of the shoots - they grow to this size in a few weeks. http://i.imgur.com/QQfDxX8.jpg

Additionally, there are cracks in the concrete patio in my GF's backyard, but it is not possible to prove that those cracks are caused by the aforementioned root system.

Other details:

We do not know who the property owner is, or how to contact them. The current tenants (I'm assuming they are the tenants based on the occupation history, but I don't know for sure) do not speak English very well, so we haven't tried asking them about it yet.

The fence I mentioned earlier was built by my GF's father when he built the house, but I'm not sure how the ownership of the fence works.

My questions:

Is it possible to compel the current homeowners next door to remove the tree?

We may have to do a significant amount of work to remove any roots that are currently under her yard in order to do any landscaping activity back there. Would there be any way to get the cost of this labor covered by the neighbor?

What should our first steps be in attempting to legally get this resolved?

Answer: You can find the owner through the property tax records. Your county tax assessor probably has a website where you can look up owners by address or the lot's PIN number. If not, you should be able to call or go into his office to get that information.


Title: There's an old stereotype about a boy coming to pick up a girl, only to be met by her father holding a shotgun. Can the father not be charged with brandishing a weapon?

Answer: Yes, he can, generally.


Title: Ontario, Canada - Can I charge fees for my time for running tabletop games?

Question:
Hey reddit,

Currently I run Dungeons and Dragons games for my friends, free of charge of course. Word of mouth gets out, recommending me to their friends so my services as a Dungeon Master are in demand. I work full time and was considering getting a part-time job for extra money to help make ends meets so I wouldn't have had the time to start playing more.

  I got the idea to charge a table fee to run D&D games for interested people. Charge for my time based on the number of ours I spend teaching people the game, running it for them, etc. then I wouldn't need the part time job and would have time to run more games. Can I do this and not get sued? I wrote to Wizards of the Coast and the response I got was basically "We can't tell you what you can do with your own time if you want to charge for services rendered, but you should seek your own legal council for advice regarding use of other's intellectual property"

  I've seen tales on the internet about professional DMs, and WotC has a reputation for getting legal involved with anyone who looks at their IP cock-eyed but I've never heard of them cracking down on a paid DM. My gut feeling is the wishy-washy response I got instead of a flat "No you can't charge money to use our IP" is because there's nothing legally against me charging for my time running their game, but they don't want to say yes in case I end up using their IP in an actionable manner.

Answer:
 I can't see any possible issue with you charging for your time.  The only possible issue would be if you started marketing your services, and used their IP in your advertising materials. Answer #2: Why would you get sued?Answer #3: Wait, you can get paid for being a DM?  And here I am, giving my services away for free.  I need to rethink m life choices.

Towards your questions, the only way I could see you getting sued is for violating IP.  I wouldn't use logos or really even call a lot of attention to the games in advertisements, but that's probably overkill.  There's probably no real risk for you doing your thing locally.  Just be aware of the various use licenses and keep things vague when in doubt.  For example, "I offer games in the most common popular fantasy systems" rather than "I offer games in 5th edition D&D and Pathfinder".


Title: ISP contacted me - some company is asking for $300 for a torrent someone downloaded

Question:
I got a letter in the mail today from my ISP stating that someone in our household (I have a feeling I know whom...) downloaded a torrent. For informational purposes I am in South Dakota. The ISP simply asks me to contact their internet department to tell them what action I have taken - however the message they sent along with it from the company that contacted them provides a very different tone in what they say:

The company is called CEG TEK and apparently works for a porn company called Digital Sin Inc, and from what they are saying here someone downloaded a torrent file for one of their movies. My suspicion is that it was my wife's ex (accuse me all you like, but I would just go to youporn or something free like I always do) when he was on his laptop over here. He cannot afford internet and I allowed him to come over here to do some class work over last weekend, which is when this notice is dated for.

Regardless this CEG TEK has a url in it for a copyright settlement website and they're saying they want $300 from us or they "could potentially file a lawsuit". Googling this company claims that these companies are rather frivolous and just trying to collect money from scared individuals, but I'm more concerned what my legal standing is here.

The internet connection in the household is under my name, so regardless of who downloaded this file, I have a feeling it's legally my responsibility for it? Am I wrong in this? I just want to know what my concerns should be, if I should just pay the $300 and stop allowing anyone I do not know to use my internet (probably), or if this is actually legit some kind of scam as google says and I should ignore it.

Any advice is appreciated.
Topic:
Intellectual Property

Answer:
 It's not a scam.  CEG-TEK really represents that company, and actually caught your IP downloading a torrent.  They sent a letter to your ISP, telling them to forward it to "whoever has IP 1.2.3.4".  They do not know who you actually are, and will not find out unless you tell them (or they subpoena your ISP).

They are in the business of threatening lawsuits to get a quick payout.  They have sent hundreds of thousands of these letters, but haven't actually sued anyone in years.  This can *most likely* be safely ignored.  If you do decide to pay, watch out - at one point they included an [admission of guilt](https://torrentlawyer.wordpress.com/2015/11/17/ceg-tek-admission-of-guilt-in-settlement-agreements/) in their agreement.

Tell your ISP you were unaware of the issue but you have set all your access points to WPA2-PSK(AES) and changed the passwords to remedy the issue.


Title: I accidentally transposed my CC number with a merchant and it was approved twice before being charged back. The merchant threatens permanent account suspension if I don't resolve the charge back but I am not the card holder. What can I do?

Question:
Minnesota, USA

Accidentally entered a card number as *3214 instead of *1234 (numbers changed for privacy) when updating billing info (same name/address on file) with a vendor. Later (Oct 31) I made a purchase (and provided my card's CCV). Another purchase was made on Nov 18. I was then informed by the merchant on Dec 4 that those two purchases were charged back and my account was locked for 4 weeks. I was told I would have to work with the card issuer to reverse the charge backs to return my account status. I did interact with my card issuer who did not affirm, but did hint convincingly that they are aware of the charge back on an account that is not mine, but because the account is not mine I cannot resolve the issue with them. They told me the merchant would have to contact them about further handling the issue. After 5 interactions with the merchant, I am being told that they cannot cancel the charge on their end, move the charge to a new card, or help me in any way and that I need to contact the card issuer to reverse the charge back. Furthermore they now threaten a potential permanent account lock down for future charge backs.

Now, I understand... I shouldn't dumb-thumb the wrong card number into a billing info page... but isn't that what the expiry date, ccv, and my name/address are for? Is it really my fault that the merchant (or the payment processor?) validated both initial transactions?
Topic:
Consumer Law

Answer: The merchant is charged a fee for every charge back by the bank. You need to tell the merchant to charge your card for the charge backs and start using your correct card number. Otherwise you can stop doing business with them.


Title: Friend took a punch at work and now his employer is only offering to help pay part of his medical bill.

Question:
On mobile and new to this sub, sorry for poor formatting. Asking for a friend so if more information is needed I can relay answers from him. And sorry if this post is a bit too long, I'm not sure what details are/aren't important in this situation.
A friend of mine manages at a local pizza joint in Minnesota near a college campus. Two days ago around midnight two drunk guys walked in and reached over the counter to steal a couple of slices of pizza. My friend stepped in and tried to tell them off but one of the guys stepped behind the counter and started to yell in my friend's face. Things escalated after my friend told him he needed to leave and the guy ended up tackling my friend and punching him in the face a few times before running off.
My friend went to the hospital right after and got 5 stitches on his face, and still went back to work to finish his closing shift! I asked him if he had spoke with his boss (the owner) about it and if the owner would pay for his medical bills. The owner said could "help out" on the bills but didn't elaborate any more than that. My friend is a pretty agreeable person and doesn't want to push the owner on the subject but I feel like he should be entitled to a better answer than that given what he's been through and what he's done for the company. I'm wondering if this is a workplace injury that would be covered by the company's insurance or if the owner is in any way legally responsible for any amount of my friend's medical bill? My friend in no way initiated physical contact and it was all caught on security cameras, to our knowledge they have not caught the two drunk guys.
Any information helps, thank you for taking the time to read this.

Answer: The answer is to tell the hospital that it's a workman's comp claim and then he doesn't have to pay a dime.  He also needs to notify his employer's work comp insurance provider that there was an incident and that he hasn't been given any forms and that there are indeed bills that need to be paid.


Title: Previous owner attempting to take back our cat 21 months after a "temporary" 3 month period.

Question:
We live in Michigan.

We took in a cat temporarily for 3 months, but it has been 21 months and we see the cat as ours now. We have financially supported the cat and love him dearly, as he does us.

Now the previous owner wants the cat back 18 months after she was supposed to get him. Is there anything she can do, legally? There were 6 months of zero contact from her and she declined any offers for her to see him, by the way. We had assumed he was ours after 6 months of hearing nothing of her.
Topic:
Other Civil Matters

Answer:
 Legally pets are property. If she does sue you then all she can recover is the value of a cat.

If you sue or could ter sue you can't get money from her where there wasn't an agreement to cover expenses.

Microchip the cat and register it to you. If she  files a small claims suit go the the hearing and explain you willingly fostered the cat and when she went dark you decided to give the now abandoned cat a forever home as you have bonded.

The most a judge will award her is a couple hundred dollars (unless he's a valuable breed) and court costs.


Title: Credit card company sent unpaid bill to collections on an account that was fully paid and closed( Tx )

Question: Hi Everyone. I'm sorry for any mistakes. I am typing all this up on mobile. Back in sept/ oct, I called my credit card company, spoke to someone in India about cancelling my card(only had it for about a year). I paid of the remaining balance and thought that was the end of it. Fast forward to today, my husband and I have found our dream home, but weren't approved for a loan since a $300+ mess ended up on my credit report. What we think happened was this credit card company was charging us interest on my account that was supposed to be closed. My husband and I destroyed the card so there was no way we had used it after cancelling it. The unpaid bill was sent to collections. My husband has called 7 times, getting connected to someone in India or Thailand. Theyve refused to transfer him to someone in the states or any higher ups. They've all say they can't help, saying there's nothing they can do since the debt had been sold to collections. I'm stressing out over this. Our realtor keeps asking for a pre approved letter but we haven't been able to provide one yet. In our city, houses for sale don't stay on the market for long. Should we bite the bullet and pay or try to fight it? What are our options? Sorry if this is in the wrong subreddit.

Answer:
 Get a copy of your credit report. It should have the collections company details on it so you can call them and dispute. I'd also put in a dispute with the credit bureaus while you're at it.

Unfortunately this is a slow process...hopefully you can find financing that'll understand your situation (and maybe approve with additional money down, etc).


Title: 401k stolen just before retirement

Question:
My dad is 6 weeks out until he retires out of a company he’s worked for for 30+ years and just yesterday he found out that someone somehow wiped his 401k.
Apparently back in October three transactions happened and those wiped everything. He had no notifications or anything and he had protection for something like this happening. Nothing should have been taken out of his accounts without him personally being at the bank and that never happened.
He has contacted the FBI but I just don’t know if he will be able to retire in time now or even get the money back. Let alone the small fee that gets taken from taking it out early.

Answer:
 Not a lawyer or an AZ resident so take this with a grain of salt.  Your father needs to contact the financial institution that monitors his 401k.  They'll likely be able to tell you what happened with the funds.  Answer #2: 401(k) accounts are not usually held at “the bank”. These plans are usually a separate entity from the employer but are managed by the employer using third party service providers. The third parties hold funds, manage investments, manage record keeping etc. How big was his company?

If they have a certain number of employees they are required to comply with ERISA and would be required to have an annual audit. A distribution would usually require authorization from someone in HR. And the company should be documenting the authorization and the reason for the distribution. If the distribution was incorrectly authorized by company personnel then the company may be on the hook for reimbursement.  Others may be more informed but this is some basic information. Answer #3: Not a lawyer, but if it’s actually a 401k, then it is covered by ERISA, regardless of the size of the company. Contact the DOL first - the EBSA is there for situations like this. Answer #4: IANAL, but I am a registered broker that deals with 401ks sometimes. You and your father need to contact the firm that was holding the 401k. They're supposed to have safeguards that help prevent this from happening, and they failed. Now, they need to help make your father whole. If they refuse, or maybe even if they don't, then it'll be time for your father to find a lawyer for this.


Title: Post office didn’t hold my mail and my new Real ID got stolen

Question:
We left town for a week and my husband filled out an online form to have our mail held at our house and his business. They held it for his office but somehow missed it at our house, and continued delivering mail as usual.  I had several packages delivered while we were gone. When I went to pick up the mail today they said they never got the hold.

I checked the tracking numbers of the packages and they say “delivered to mailbox”. We have a locking mailbox but when I got home I checked it and it’s empty.  Sometimes if too much mail gets stuffed in there the latch gets pushed down and you can just pull the mailbox door open. I’m sad about my packages but my biggest concern is that I renewed my drivers license a few weeks ago at the DMV and they mailed me a Real ID which is nowhere to be found.

I know there are major fraud issues with a stolen ID, and I am wondering if the post office bears any legal responsibility for this issue.  I have a confirmation number saying the mail would be held. Thanks for any insight you can give me!

Answer: My husband and I recently had some issues with our mailman delivering packages that require a signature but instead just leaving them out in the open on our doorstep. Our mailman even went so far as to claim he handed someone at our residence my package but when I got home from work, I found it soaked in the rain. My husband drafted a letter and sent it to our local post master, the USPS  Consumer Advocate, and ??? (u/wildfiretamer).  We received a response directly from our local Post Master who was very sympathetic and we now have a new mailman.   I would start by filing a complaint via snail mail, fax, and email.


Title: [MO] Woke up with blood and glass everywhere and no memories of what happened.

Question:
Throwaway for obvious reasons. This past weekend, a bunch of college friends came to visit and we got a bit more rowdy than anticipated. Saturday morning I was woken up by my landlord knocking at my door asking if everything was ok as the front door of the building was completely shattered and there was a trail of blood leading to the front door of my unit. He also said they saw security footage but didn't say what exactly it showed. I told him everyone was fine and he left saying I would get a note following up from the building manager.

Keep in mind, he woke me up at like 8am so I was still drunk from the night before and don’t perfectly remember the conversation. He leaves, and I look around my apartment to see blood everywhere. I check myself and am fine, so I call all of my friends who are nowhere to be seen. Turns out one of them woke up at another friend’s house with a big gash on his knee and also blood everywhere. All he seems to remember is diving through the door and cutting himself after it had already been shattered. He seems to remember me kicking the door as a joke and not expecting it to shatter...but it did.

None of my friends remember anything so we don't even know what the security footage shows. I have been a stellar tenant for the past ~8 months and have never been late on rent and have never had any conflict with my landlord. I told him I would pay for any damage and of course it would never happen again but now I am worried that he might evict me or press charges.

I have a great job and have never ever done anything like this before. Obviously I can't go back and undo any of these actions but what should I be doing in the immediate future to protect myself from the worst outcome? Any help is much appreciated!

edit: yes I know I need to work on my drinking. if I wanted personal advice I would have talked to my shrink.

Answer:
 You should apologize and offer to pay for the damages and cleanup.

Answer #2: Also start looking for a new apartment.  This is not a minor deal.  As a landlord I would evict you as quickly as the local court system allows + charge you for the damage you or one of your guests caused.Answer #3: Don't talk to police without a lawyer (if they come around). Do your best to settle the damages with your landlord without involving the courts.Answer #4: Time to quit drinking. That's legal advice for the future.Answer #5: Seeing all of you were drunk and its very difficult to determine whether or not anyone even got assaulted or if it was just horseplay, nothing criminal will come of this.  Your landlord probably is judging you hardcore and may consider evicting you though.

You should consider not drinking as heavily as you do. Answer #6: You'll probably have to pay for the repairs and cleaning (if the blood can be cleaned up).

As a landlord myself, unless you came to me first and made the offer rather than me sending a bill, you would not be getting a renewal offer. Answer #7: Maybe you should ask Luke to pay for it with his winnings


Title: If someone yells at someone in a heated situation antagonistically: “GO AHEAD! PUNCH ME! PUNCH ME, %#$@&!” and the other person punches, is that enough of a legal defense to justify the punch?

Question:
Literally just claiming “he literally told me to. He obviously was okay with it happening.”

Would that make punching him legal? Since he asked?

Answer:
 No. Answer #2: No.
You cannot legally consent to physical assault.
FYI, this makes running a dungeon a little bit sketchy sometimes...


Title: False allegations against minor son (GA)

Question:
I have been dating a man for a year and a half.  His marriage was not finalized when we met but they had been living apart for several months.  During this time she has moved in with a man and is now pregnant.  Their divorce was only finalized a few months ago due to never ending issues.

From the start she has thrown up road blocks to his visitations (part of the reason it took so long for the divorce to be finalized).  She has now made accusations that my 12 year old son inappropriately touched her 3 year old daughter on the butt when they were here last.  (Boyfriends kids live in a different state with their mom and they came for 2 nights recently).  I do not have the full details of what she alleging but she's doing this to try to keep the kids from their next visit with their dad that is supposed to occur soon.

My boyfriend and I have separate homes.  In those two days our kids were never alone together or behind closed doors together.  He and his kids stayed over one night.  We made a big dinner had a few friends over.  The little girl fell asleep early and we tucked her away in my bedroom.  At no point did my kids go in there.  We tried to wake her to eat but she wanted nothing to do with it, so dad (boyfriend) went and laid down to settle her back to sleep.  He ended up falling asleep so me, my kids, his other son and our two friends stayed in the living room/kitchen playing bored games and minecraft until I ushered his other kid to bed with his dad at 9:00.

Gah \- I'm just so, so, so, so upset.  This absolutely did not happen, and I don't know what I can do right now since I dont' have the actual allegation in front of me.  Apparently she's filed some kind of abuse report with someone somewhere but I dont' know who or where.  What kind of attorney do I look for?  What do I ask them to do?  I'm so upset at her for her outright lies.  I'm so upset she's pulled MY kid into it.  I'm so angry she's using her kids in such a manner.

But, by god, I'm not going to let her do this shit to my kid.  The truth is the truth is the truth, so the facts will bear this out.  I just need to know how to protect me and my kid from the jump.  Like right now.

Answer:
 You want to look for a family attorney with CPS experience.

And know that when CPS gets involved it won't be only about your child but it is also investigation you for abuse.

You may want to think hard about continuing in this relationship. This will only keep happening and will effect your children


Title: Help

Question: I think my dad has put cameras in my bedroom and bathroom and tv and is broadcasting it to people I don’t know. If I go to the police they will think I’m crazy what should I do

Answer: Why do you think that there are cameras recording and transmitting?Answer #2: How old are you, and why do you think this? If you actually find a camera in the bathroom and you’re under the age of 18, the police will be all over the place in a heartbeat.


Title: 10 years and still didnt recieve my 700k usd property

Question: I made the stupid mistake of buying a villa property with no due date on it for 700k usd in 2008, every year id go to them demand for my property and theyd give some bullshit excuse like work has been postponed/there has been issues. Its been 10 years and im sucked dry out of money because of it. Is there anything that can be done legally? Country is UAE. Thank you

Answer: I doubt anyone here is familiar enough with real estate law in the UAE to be able to give any realistic advice. Your best option is to find an attorney local to the area that specializes in real estate transactions.


Title: (NH) I want to move with my 7 month old son to NY

Question:
I am going to divorce my cheating, suicidal husband. I want full custody of our 7 month old son and I want to move back to NY where my family lives.

Is it better to move to NY with him and  file for divorce in NY or stay in NH and file here and ask the court to let us move? I only live in NH due to my husband being transferred here for work. He is currently waiting for STD to be approved as he is in a mental facility for the second time in 3 weeks. I don't know if this is pertinent, but he did try to kill himself tonight while I and my baby were asleep upstairs.

Answer:
 It’s better to avoid any appearance of trying to go around the rules.  So, it’s better to file in NH and ask for an order allowing you to move back to NY.Answer #2: >I want full custody of our 7 month old son

Please understand that this is not a likely outcome, should your husband also want to see his son. The courts will default to joint custody. Hire a lawyer.Answer #3: You need to run all your specifics by a family lawyer in your state, to get legal and tactical advice.

Has a police report been filed about his suicidal efforts?

Your state bar will have referral options for you, some of which may include reduced rates for initial appointments.

Best wishes.


Title: I share a lease with my boyfriend but he is physically/mentally abusive and I want him to move out. Is there a way to force him off the lease?

Question: If I stay with this man for any longer I’m going to lose my mind. I want to do it as discreetly as possible so he doesn’t mess it up or worse hurt me or my dog.

Answer:
 If you are concerned for your immediate safety get in your car and go to your best friends or a family members house and then go with them to a police station to file a report for domestic violence if he has psyichally hurt you.

Answer #2: First thing i'd say is save and screenshot everything you can that shows abusive behavior. Anything admitting that he had hit you in a text or has that behavior is a good idea. Then when he isn't home get in the car, get your dogs out of there along with yourself and go somewhere safe. Contact the police and show them your evidence and try to get an order of protection for you and your pets. (Mass. actually has a subsection in the law that talks specifically about pets). Last thing you need to do when all is said and done is get a sheriff to help gather all your items and stay away from your ex. Cut all contact and don't expect him to change no matter what he says and always remember what he truly is likeAnswer #3: Massachusetts requires that landlords release you from the lease if you are the victim of domestic violence.  So, if you want to leave you just request from your landlord. The proofs needed are minimal, and outlined here -

https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section24

Report the abuse, find another place and move out.


Title: I'm a minor being sued....

Question:
So this all started when my dog got off his leash and went to the neighbors yard, the neighbors dog bit my dog first (you can tell my dog only bit back in defense) but that doesn't matter we're responsible for any damage done I get that, it was in another's property. So while that happened I was at my friends party before he goes off college (I'm now a junior, 16 yrs old) were having a lot of financial issues right now but we're figuring it all out right now. My mother sent them a certified letter stating that she'll pay the vet bills that related to the "attack" when I got home from the party I found out about what happened. My name is nowhere to be found on my dogs registration, but I get a letter in the mail today addressed to me by my full legal name stating I'm being sued for 357 dollars, and really what I'm asking is: in this specific case can I legally be sued? Serious help please if any more questions just ask I'll try answering them. I live in Oshkosh Wisconsin

Thanks in advance

Answer: Being that you neither own the dog not are of the age of majority, no, they can't sue you.


Title: [UK] Entered a finance agreement with a company, signed and paid a small deposit. They've just called me and said they didn't charge me VAT on the contract.

Question:
So, two weeks ago I ordered a few car parts online from a very popular online store as they recently introduced a finance payment option of 0% interest over a 6 month period. I purchased a total of £800 of goods on finance with said company.

The online store has just called me up and said that the finance agreement I signed with the finance company a couple of weeks ago was incorrect and that a small number of customers were affected by this and it has only now been picked up, apparently VAT was not included on the £800 purchase (which I can confirm from my documents).

The representative of the store said that he's had a chat to the finance company and explained the error to them, and that he'd increase the total amount with approval. I don't see how he can do this legally as it would the increase my monthly payments? Surely as the deposit payment has been taken from my account, the contract is now legally binding and any amendments would require my signed approval.

I'm thinking that they're trying to scare me into paying the VAT by saying that I have a "legal obligation" to pay it (when I'm fairly certain that's their job and it has already been paid!)

What are my rights here, what action should I be taking? If you would like me to clarify on something, feel free to ask.

Thanks a lot!

Answer:
 If they don't explicitly state it, I would argue that it needs to be paid out of the 800 you've already paid. It was their mistake, not yours, and the contract is signed.

Edit:
According to this precedent, they have to pay it.
http://www.silver-shemmings.co.uk/news-media/commercial-agreements-and-vat-included-or-on-top/


Title: On accepting gifts thus forfeiting legal action

Question:
 Hello. New to the sub, and reddit at large, but I think this question is within the scope.

&#x200B;

Recently, Bethesda Game Studios was involved in a conflict regarding a product which was advertised to be a high quality canvas bag which was actually delivered as a low quality nylon bag. The company then offered a consolation of $5 in virtual store credit to those affected as compensation. Many people, who I assume to be laypersons, were quick to warn against redeeming this credit as it would legally prevent one from participation in any future class-action lawsuit.

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Similarly, I have been cautioned by many such laypersons that if one were to be wronged in some way by a company, say a family restaurant, and accepted an offering of some gift, say a free dessert, in compensation, that said person will have forfeited any legal standing to pursue further action.

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Are these simply legal myths, or is there truth to the claim that accepting any favor implies settlement in full?  I think that this kind of thing would be of interest in general to all consumers. Thank you all for your time and knowledge, but thank you also for your patience regarding my limited understanding of the law.

Answer:
 You cannot give up a right to litigation unless you “knowingly” do so as a part of a bargained for exchange. So in the case of Bethesda Game Studios, they are probably making it explicit that acceptance of the credit is a waiver of any claim (however shitty that claim probably is) against them.  With the free desert on the other hand, there is not an explicit agreement that you are waiving any legal claims.  Certainly the restaurant is trying to cut you off by making you happy, but unless they say, “this free desert is conditioned on a waiver of any claims you have against us” then no, you wouldn’t be waiving any claims (again no matter how unlikely you would actually be to prevail on such a claim).Answer #2: PA, personal anecdote

My wife's last employer claimed to be firing her for an at-fault event but wrote her a severance check for $1,000 on top of her regular pay. She deposited the check and filed for unemployment compensation.

Word got back to us from a colleague that the boss believed the severance check would stop her from filing a claim. Not sure how he thought that, she never signed anything.

She won the UC claim, got paid. Turns out paying someone severance is quite the opposite of firing them for an at-fault event. Yay check images.


Title: Neighbors are being very threatening to my family (Colorado)

Question:
So lemme start off by saying that this has been going on for 7 years.

Anyways about a few months ago, my neighbor told us that he would shoot our dog if she came “into his property”, and that she fucked up his dog and that we owed him money for his $10,000 fence, the vet bill for his dog that got “attacked” by ours.

My dog is a year old Aussie/Collie who’s about 50 lbs. His dogs are 90-120lbs. mutts, wayyyy bigger than our other dog(brother to my other one) a very timid 70 pound AusCol.

This dude has threatened my mom in the past, made fun of my dad because of his thick accent, and is just an asshole to everyone in the neighborhood. His dogs won’t leave me the fuck alone when I’m spraying weeds, and there are holes broken *out* of the fence big enough so that they can fit most of their body through. I’m scared that those gigantic dogs will kill and/or injure any of the baby animals around the house, myself or my family.

What can I do, r/legaladvice?

Answer:
 Keep contact as minimal as possible. Document everything, this includes installing cameras around your house, writing down negative interactions, etc.

&#x200B;

If he threatens you or your family, call the police each time.


Title: I have been dreaming about starting a webstore, and today I got tricked by company, and they wont let it go.

Question:
So I have long wanted to start a webshop, and some days ago I got my sole proprietorship accepted and registered. While I was registering however, it said that I would later be charged for approx. 300 dollars for a registeringfee.

Today at 7 am my phone calls. Some guy says hello and starts talking about information about my proprietorship. I figured this was from the registery office to double check my information. After going through all my information he saysis this ok? and then we will charge you with 300 dollars.

I figured this was from what I read about when registering and said ok. He then sent me a sms and asked me to answer it with "ok". I asked if I could have aday to read about it, but he said not to worry and if I just did it right away he could set it up right away and be done with it. He basically hurried me to send the sms.

I thought all the way that this was a national organization I was talking with so I did it.

After he hung up I read the link in the sms and understood that this was not at all from te registry office. I had to wait a couple of hours for their office to open call hours, and I called as soon as I could and explained the problem. They said I had accepted it and that they had made sure I understood it all during the phonecall and that they had proof because they had recorded the conversation.

Then he just told me not to make it worse for myself and just pay the bill.

I was totally fooled by theese guys, and it stings alot.
As a student this basically shit on my whole dream of starting the webshop..

However; In Norway it is illegal to record phonecalls without the other part accepting it.
I cannot recall ever saying yes to that during that phonecall.

I basically just dont want to pay the bill from them. I have sent them a mail exlpaining the situation, and asked them to understand and that I wont be using any of their services ( I didnt even know what theirt servuices were at the time) and asked them to not bill me.

Is there anything else I can do about this?

I noticed also this law about agreements from the Agreements law § 36;
*"En avtale kan helt eller delvis settes til side eller endres for så vidt det ville virke urimelig eller være i strid med god forretningsskikk å gjøre den gjeldende. Det samme gjelder ensidig bindende disposisjoner.
Ved avgjørelsen tas hensyn ikke bare til avtalens innhold, partenes stilling og forholdene ved avtalens inngåelse, men også til senere inntrådte forhold og omstendighetene for øvrig.
Reglene i første og annet ledd gjelder tilsvarende når det ville virke urimelig å gjøre gjeldende handelsbruk eller annen kontraktrettslig sedvane."*

which basically translates to: If the agreement is done in a shady manner, then the entire, or parts of the agreement can be put aside.

Any help would be greatly appreciated.

Answer:
 IANAL. This is a common scam in Norway. Don't pay, and dispute the bill. If they are really shady they will have a collection agency that they own, making it hard for the bill to go away.

Also, he probably did not record the whole conversation. He recorded the last sentences, where you said "yes". So there is no record of him misrepresenting himself. The final nail in the coffin is when you sent the sms. What did HIS message say? That would be interesting to know.

There is also one more thing you absolutely need to know about running a company in Norway: You have no cancellation period. Never talk to marketers on the phone, insist they send you their offer in writing. Then hang up. I realize you didn't know this was not The Brønnøysund Registrary, but I am telling you this anyway, because it could literally cost you thousands if you don't. And to be honest, you sound like someone who wouldn't know (no offense).

edit: [here](https://www.nrk.no/norge/flere-trodde-de-var-bronnoysund-1.11800674) you can read about how they operate, this is exactly what happened to you.


Title: Is "unwitting possession" a viable defense?

Question:
So last night I was stopped by an officer and searched, during this search a small bag of white powder was found rolled up in the very bottom of my coin pocket that I had no clue I even had. Seriously had no clue I had it, but I'll get back to that later. Substance was tested, no result. More tests, no result. So I was released pending lab confirmation on what the substance was.

I'm almost positive the powder was an illegal substance from my previous using days that I forgot about a couple months ago. If the lab comes back saying it is said substance, I'm looking at a possession charge.

Here's my defense

I honestly had no clue it was in my possession, it was in a very tiny coin pocket at the very bottom, nowhere I would of been able to physically feel it was there.

The way it would of gotten into my pocket was being left over from my days using, since which I have gone to rehab and been sober since (one or two slips with alcohol but very good overall). Pants were in a stack of clothes going to the thrift store, I ran out of clothes and grabbed one at random, they have been washed once since I went to rehab.

I did not use the drug and have no used drugs. I even passed a drug test the day after it happened.

I am on the straight and narrow, been staying out of trouble, doing community service, gotten a full time job, and also bought a car.

That's just the basics but would I have any chance of this holding up in court or would they just shit on me? Thanks

Located - Florida, U.S.

Answer:
 There are a number of problems with that defense. First of all, "unwitting" means not on purpose. That would be a lie because you did possess the substance on purpose, you just forgot that you were *still* in possession of it. That's not the same thing.

Secondly, there's not a lot of valid defenses to possession if you are, in fact, *in possession*.

For the best results here, you need to hire a lawyer.