Title: Step-Father is threatening to throw me out, what can I do?

Question: [deleted]

Answer:
 *Technically* if you are over the age of 18 you need to be legally evicted, per the laws of your state that you failed to mention.  Practically if you are thrown out there is often little that the police can do that will result in you being able to sleep in your house Friday night if he really doesn't want you there.

You need to:

1) Speak with your mother

2) Start looking for a short term place to stay.  Crashing on a friends couch, other family, shelters, whatever.  Even if you aren't thrown out on Friday you still want options.

3) Start looking for long term housing options.  And enough income to pay for living on your own if relevant.

4) Then if you really want you head down to the local police or sheriff's situation and ask to speak with someone.  Explain the situation and ask how they generally handle illegal evictions like this, and if there is anything you can do to make sure you get your 15, 30, 60 days notice (whatever your state says you are legally owed).


Title: DUI - Do I have a case?

Question:
So I live in Wisconsin, and the other night I got a dui. I'm 20 and blew a .12
There supposedly is body cam footage of the cops interactions with me

EDIT: To clarify I've been told by 10+ people to try and fight it, which is why I'm asking. I wouldn't have even considered it if there hadn't been an overwhelming response fight

I'm also not trying to claim I didn't do something wrong, I know I did, I'd just like to know if it really is as questionable a situations as everyone is making it out to be

When the cops pulled up, I was in my apartment parking lot, already in my space. I didn't realize it was a cop until I saw a second pair of headlights come behind the first. I got out of the vehicle, it was turned of, and then red and blue lights came on
Apparently I had gotten called in, someone said I was swerving and almost went into a ditch. (Which is BS) The road I was called in on is 2 blocks from my house, so as far as I know the cops weren't following me

So I guess is there anything questionable here? Should I actually persue getting a lawyer and try to fight it?
Topic:
DUI

Answer: So, somebody called the cops on a drunk driver matching your description, you blew a .12 and there is body cam footage of you getting out of the car from the drivers seat.  Feel free to fight it, but you're about to eat it hard.Answer #2: Get a lawyer. Though I believe the first DUI in WI is civil, not criminal, in nature.


Title: We bought a house in a flood zone, realtor did not disclose it was an AE flood zone and the house is classified as a basement/stilt house, so the entire downstairs has no coverage.

Question:
We bought a 2 story house 3 years ago that is in a flood zone. We were sold on it being a "100 year flood zone" and because of that we'd just have to be required to pay flood insurance. Our realtor conveniently left out the part of this 2 story house being technically considered a basement/stilt house so nothing is covered downstairs, which is finished out 2 bed 2 bath living room, bathroom and kitchen.

Selling a house that's flooded this many times recently isnt going to work, its destroyed, covered in mold downstairs, and floods too frequently. Do we have any legal pathways of getting away from this place?

Answer: Did you get a mortgage?


Title: [WY] Received a letter for Current Resident about house foreclosure that we rent

Question:
This just happened, my sisters and I have a 2 year lease for a house we currently rent. We received a certified letter addressed to "current resident" that we signed for. The letter said that due to [owners name] not paying their mortgage, that the house is about to be for closed upon, and this is the 10 day warning.
What should we expect as the renters? Will we have to move out in 10 days? Do we have any recourse if we have to move out and find a new place to live with such short notice?
TIA

Answer: Take that letter and a copy of your lease to the clerk of the court. If it's just the start you may have time, the clerk should put you in the foreclosure proceedings so you can be informed of any of the court decisions.


Title: [Arizona] I'm being taken to civil court after filing a charge back with my bank.

Question:
I bought a video game account from a 3rd-party seller. After about 5 months, they revoked access to the account and refused to give me the information I needed to get it back. The original seller recalled the account. They offered me 50% of the accounts cost in credit. They refused on multiple occasions to give me the account details so I could perform a recovery.

They sent this, regarding the charge back.

"Such actions constitute a Class A Misdemeanor for theft under the Texas Penal Code, Title 7, Section 31.03(e)(3). You committed theft because you “unlawfully appropriated property with intent to deprive the owner of property."

I believe I will be able to fight them on it because they refused to give me the information to recover the account. I have all the emails to prove their refusal. Should I fight them on it? What's the worst that can happen?

Edit:

Information I should have included.

I did not receive any legal documents, just an email stating they were going to file.
I filed the charge back with my bank, however I did not receive any confirmation on the outcome.

The email I received:

----------------------------------------------------------------------------------

Since you have decided to chargeback the funds from our website, I have forwarded this case to our legal team.  We will be contacting you via mail in the next 30 days with your next steps as to how you would like to resolve this issue.  This is a clear cut case of fraud which is a crime.

In case you were unaware of the criminal activity you engaged in, it is illegal to intentionally refuse to pay for services and products rendered in the state of Texas. Such actions constitute a Class A Misdemeanor for theft under the Texas Penal Code, Title 7, Section 31.03(e)(3). You committed theft because you “unlawfully appropriated property with intent to deprive the owner of property.” In the present situation, ************ sold you a product, which you accepted and authorized, before illegally and fraudulently informing your credit card issuer that it was not as described. This is not only a crime, it also constitutes civil fraud and breach of contract. This civil suit will be filed within 30 days if your claims are not dropped.

Thanks,
************

Topic:
Other Civil Matters

Answer:
 How were you able to file a chargeback after 5+ months?

What makes you think you are being taken to civil court? Have you been served with papers, or are they just sending you nasty emails?

What they are talking about regarding Class A Misdemeanor Theft is a criminal charge, not a civil one, and it's not something they can do on their own. They would call the police, report you for theft, and then the District Attorney's Office would decide whether they want to pursue a criminal case against you. This would essentially mean going through the process of arrest, pleading out or taking it to trial, etc.

While I think there's more nuance here than we can get from the bit of info we have, it sounds to me like the criminal charge is highly unlikely, and like they are actually the ones who should be civilly liable to you, rather than vice versa. In short, I think your chargeback was likely justified if A) you purchased property or permanent access from them, B) they revoked that access in violation of the terms of your sale, and C) you subsequently recouped the funds used to purchase said property. If there was anything inherently temporary about the access you purchased or some underlying expectation that it might at some point be reclaimed by its original owner, this would likely affect your liability.

Let us know that status of the situation and whether any official action has been taken that leads you to believe you are being taken to court.


Title: Neighbors renting shed to meth dealer

Question: Our next door neighbor's have two exterior "rooms" no closet, no bathroom. Just rooms power. They consistently rent them to the scum of the earth. Right this moment there is a SWAT situation happening next door and we're pretty sure someone is dead. This isn't even the first time this has happened. This is a fairly nice neighborhood and we are tired of this. We thought that sheds could not be legally rented out. How can we stop this?

Answer:
 > How can we stop this?

It sounds like there are guys with guns stopping it right now, now?


Title: Seller's Attorney owns the Title Insurance Company in Illinois for a home I am scheduled to close on tomorrow. Conflict of Interest?

Question:
Does this raise any red flags to anyone?  Long story short, I am scheduled to close on a home tomorrow.  The closing disclosure from over 7 days ago stated that I was to bring nothing in cash to closing.  Then, just today I received a phone call from my lender stating that the title agency made an error by not noticing that the sellers had a tax exemption on the home and I now have to bring $4,000 in cash to closing.  I know that this was an error made by the title company because the exemption was easily noticeable for the last two years when looking at the payment history on our county website.

Also, shortly after the discussion with my lender, I discovered that the seller's attorney is actually the owner of the same title company who made the mistake.  I have my own attorney helping me with the sale and they never brought up this potential conflict of interest.  What should I be thinking?....

Answer: Uh, you probably should use your own title insurance company, not one that's affiliated with the seller.


Title: I just got off felony probation can I now go to the shooting range or possess my firearms again?

Question:
Location: Georgia, USA.

In the State of Georgia they have this sentencing called “First Offender’s Act” where if it is your first non-violent felony offense then after your sentencing is complete (jail time/probation time) you are no longer a felon and your rights are restored and your record is expunged. Well on Thursday (two days ago) I received a signed letter from the Judge and DA that my felony probation sentence has been terminated as of August 23rd, 2018.

So now, I would like to have my firearms back and even go to the gun range later today with my younger sibling and so I am wondering if it is legal for me to do so or if I have to wait for a certain amount of time before everything is processed?

It feels great to be free again and have my life back so I’m asking just to be sure. Don’t want to mess anything up again. Thanks.

Answer: Call a lawyer and ask.  You need to be 100% sure that the felony is gone and your gun rights restored.   Felon in possession of a firearm is a serious charge.


Title: Someone gave me a dog. Now their daughter wants it back. [FL]

Question:
My friend met a guy one day who was out with his dog.  My friend pet the dog and the guy asked him if he wanted to keep the dog.  My friend called me because I rescue dogs.  I said I would take her.  He gave me the owners info and we began talking through text.  I lived several hours away so finding a time when we could both meet was difficult.  It took a little over 2 months before I could meet the guy for the dog.

When we finally met he asked for money for the dog.  I gave him $50 and he gave me the dog, her crate, and some old food.  He asked if he could keep in contact with me for updates on the dog.  I said sure and gave him my info.  We parted ways.

I drove home and found a new home for the dog.  A friend of mine adopted her.  They paid me back the $50 I paid the original guy and took the dog.  She was about 2 years old and had only ever been to the vet once as a puppy.  So, my friend got her updated on her shots, put her on flea medicine, heart worm medicine, and got her spayed.

He also wanted to have a microchip installed.  The vet said she already had one and gave him the info.  So, he went to update it online and it had someone else's info in it.  The microchip people said they couldn't update it without the other persons consent.  He told them to give the original person his info so he could update it.  The person on the microchip called him screaming saying he stole their dog and they were calling the police immediately.  Through their screaming he found out they were the daughter of the guy I met.  They claimed he was watching their dog for a couple and then gave it away.  He tried to talk to them about it but they could not provide any specific details about the dog and mostly screamed and yelled at each other and at him on the phone.

They claimed they last saw the dog a week or 2 ago.  However, I got the dog from the other guy over 2 weeks ago.  Will my friend have any chance to keep the dog?

I think they are going to ask for money.  They called him 3 times today and the last time he said he was going to speak to a lawyer.  They quickly hung up and haven't called back.

Answer:
 Dog Law specialist here.

Legally speaking, you don’t own your purloined pup. Answer #2: If the man who sold you the dog did not own the dog, then the dog belongs to the original owner and not you (or your friend).

> he said he was going to speak to a lawyer.

There are 500 people who claim this for every one who actually does. Unless this was a valuable pure-breed, I doubt this will happen.

You can return the dog if you believe the phone guy's story. Or, you can keep the dog and wait if/until you are sued in small claims court for the dog. At that time, a judge can decide and then likely award damages for the value of the dog if the other party wins. It would probably only amount to a few dollars (assuming the dog is just a garden variety mutt).Answer #3: >Will my friend have any chance to keep the dog?

The dog is microchipped to another owner whose claiming ownership. I don't believe you or your friend have a good case to keep the dog here.

Basically, he sold you property that he doesn't own and/or stole.


Title: Summer employer screwed me over and now is threatening to sue me

Question: I worked for this home repair company over the summer in Portland, Oregon so I could save money for art school and my asshole of a boss never paid me my final check of over $1100. I never heard from him whenever I'd try to contact him about my check so I filed a wage claim against him back in September and he continues to not cooperate with the oregon labor department, avoiding all attempts of contact. My claim agent eventually found him and got the sheriff's office to serve him at his home address now he's threatening to sue me for company property damage if I don't drop the claim. He claims I damaged the company vehicle while on a job and that I'll have to pay 3600 plus lawyer and court fees if I don't call him and resolve the claim. He continues to refuse to pay me my claim. What should I do? Do you think he actually has a case here? I can provide all kinds of texts and voicemails from this sleaze ball if you'd like to see evidence/examples.

Answer: Tell him the two are separate issues (which they are) and that you will see him in court if he sues you.  What did the Sheriff serve him with? It sounds like your wage claim is moving along, even though I'm sure you would have liked to be paid by now.


Title: Psychotic neighbor regularly poisons my plants and snuck over to cut down my rosebush

Question:
I have a psycho neighbor who is obsessed with spraying poison all over his (and my) yard.  He regularly sneaks around the fence, walks on my property, and weed wacks, poisons, and kills my garden plants. This has been going on for years now, and we have just given up and decided to move because we can't stand living next to him.

Lately, since we put our house on the market, we haven't been home as often.  Now, he has become extremely bold.  He poisoned a whole 9' decorative tree! One day it was fine, and the next day, it was dead.  We just had to remove it.

Today, we drove up to check on the house, and he had cut down one of our rose bushes.  He came into our yard and completely cut the thing down to a tiny nub!  I can't technically prove it was him, but I know he did it.

This is also the same jerk who got his fence stain splattered all over the side of our house and effed up our siding... but that's another post.

Anyways, the guy is psychotic, and all I can think about is how I wanna go over to his house, knock on his door, and scream in his face.... (I'm not going to, but that scenario just keeps running through my head)...

Is there ANYTHING I can do legally to protect myself while we sell our house?  Our garden is looking more and more barren!

Answer:
 This is both a crime (the state can fine/jail him) and a tort (you can sue him for damages); the difficulty will be in proving that he's the culprit. What I would do is get some video cameras and try to catch him doing it on tape. Once you've got the evidence, call the cops. If you've caught him vandalizing your garden once, I don't think it'd be difficult to convince a judge that he's responsible for all of it, particularly if you hire a lawyer and sue him, where you face a lower standard of proof.

Also document everything he's done in as much detail as possible. Photos, dates, descriptions, receipts, the whole shebang.Answer #2: Why did you not buy cameras when this started?Answer #3: Put up no trespassing signs and set up security cameras around the property. They cost a few hundred bucks but if you had them earlier, that tree could have been worth some money to sue over.Answer #4: Just out of curiosity, would a seller be under any obligation to tell potential buyers about a psycho neighbor?  I imagine they wouldn't have to say anything about, like, a nosy neighbor who spies through their curtains, but what about someone like the guy in this post, or, say, a registered sex offender?Answer #5: is he genuinely psychotic, as in hallucinations or delusions, or is he just a jerk? if he is mentally ill and in need of help there are other things you can do to get him well so he won't do this stuffAnswer #6: Get a Dropcam.  Record him a few times.  Then sue.


Title: Are employers of large franchises (in this instance, McDonald’s) allowed to have different standards of pay on a per-store basis (I.e. minimum in one store and minimum + x amount in another store, for the same amount of experience)

Answer: Of course.  So long as the distinction isn't based on a protected class (race, color, national origin, sex, religion, disability) they can pay whoever they want whatever they want.


Title: HOA is tenting entire neighborhood. Do they have to provide accommodations for forcing us to vacate our condo? (Orlando, Orange County, FL)

Question: We live in Orlando, Fl and own our own condo.  The HOA is tenting the entire neighborhood building by building for termite/pest control. They have never sprayed inside for pests in the entire 5 years I have lived here.  They are spraying in less than a month. They said we have to give a housekey to Truly Nolan. We must vacate on December 2nd and return December 5th.  December is one of the most expensive months for hotel stays (I work in a hotel).  Does the HOA have to compensate us for a hotel stay for forcing us out the entire weekend? And do I really have to give them a key and let these strangers into my house?  The checklist states "Mattresses, bean bags and pillows in waterproof covers (except waterbeds) must be removed from structure." Does that mean I have to remove all mattresses?  (It also says remove all food/medicine/etc) Where would I put them? This is not enough notice for all this.

Answer:
 What's written in the CC&R?  Seems rather excessive to have the entire community incur the cost of a 3-night hotel stay.  Then again, on the one hand this is the price you pay for residing in an HOA, on the other hand it's somewhat reassuring to know the HOA is on top of things.  Answer #2: Stay with a friend, and hire storage or keep things with a friend?

Whether the HOA are allowed to do this depends almost entirely on the covenants that are on the title, which you no doubt read and understood and accepted when you purchased the property.


Title: I'm a newly educated lawyer in Norway who is looking for a little help writing a job appliaction in english.

Question:
Hello guys. I'm not sure this is the right sub for this, but I figured I'll try anyway.

I'm a newly educated lawyer from Norway that would really appreciate some help regarding a job application that has to be written in english. It's mainly just checking if the spelling and grammar is correct. If someone who write english as their first language is willing to help I would be really greatefull. Thanks!

Answer: You should message one of the mods over at /r/proofreading as they're probably better suited for this kind of thing. Just ask the mod if it would be OK for you to post your resume and explain your situation.


Title: She wants to marry me but her divorce isn't final because I stopped helping her pay her legal bills.

Question:
Texas

I met my fiancé 4 years ago.  She was just going through a divorce at the time.  It has been a whirlwind for sure. I lived 3 hours away from her and we traveled daily just about to see each other.  I didn’t want to be away from her.

I finally told her that my business was hurting and that I couldn’t take it anymore.  I would support her until she found a good job and she should move to my home asap.

She seemed reluctant, but she did it.  And she got a job right away, but it only paid half of what she was making.  She tells me that it’s my fault because I forced her to quit.

Anyway, there was a problem with her divorce.  The ex started throwing up roadblocks and it caused more legal bills.  I didn’t figure on these costs and I was not going to pay for HER divorce bills.

So, the divorce stalled because I didn’t agree with paying more money and retainers.

She now makes more money (I make less unfortunately) and about a year ago, she paid the lawyer to finish it.

She has submitted all the info to her ex and his lawyer. She doesn’t even have a lawyer anymore because of the expense.  And she keeps telling me that it will be final as soon as the ex and his lawyers turn in the final decree that has already been agreed upon.

Again, it’s been months she’s been saying this.  I checked the state website and it still says “pending” and I have called the county myself and they said that there is no hearing scheduled.

She tells me that since it’s uncontested that all they have to do is have the ex or his lawyer walk it through the uncontested docket.

After many fights - she told me her ex said his lawyer would be doing it today.  But, now she says it’s up to his lawyer as to when they will be turning in this document.

She keeps asking for a wedding date and I have said NO not until you are officially divorced.  She says the delays were due to my forcing her to pay legal bills.  And I just don’t know how ANYONE could think I should be helping pay for her divorce.

I am wondering if I’m being scammed here.  She says she signed the decree and that it’s uncontested but she is just waiting to hear it’s done through her ex and his attorney.  She says she doesn’t want to call any court dates because that’s for CONTESTED divorces and it’s unnecessary.  He just needs to get his lawyer to file it.

She has a sob story about how I'm stringing her along and not really marrying her since I won't set a date -- and she is helping pay my bills and my mortgage.  I told her NOT UNTIL I SEE A FINAL DECREE.  NO DATE.

What advice would you give me?  I am NOT helping pay for any shi* and I absolutely hate her piece of shi* ex husband.  And I think he’s doing this on purpose because he knows I won’t marry her until she is divorced.

Answer:
 I don't think either of you should be getting married. Certainly not to each other.Answer #2: Not a legal question. You obviously cannot get married until her divorce is finalized.

However, sheesh. If you want to jump on a speeding trainwreck go right ahead. Answer #3: This isn't a legal question. This is a question about your horrible toxic relationship, and is thus out of scope. Try /r/relationships.Answer #4: I agree with the other posters that this story likely does not end up in a happy, blame-free marriage... but having said that, how can she ask to set a date for marriage to you when she doesn't know when she won't be married to her ex anymore, in light of the fact that it's completely illegal to be married to two people at the same time?Answer #5: It is likely not a scam.  If he refuses to sign the documents and submit them to the court then he can stall the process.

Personally, I'd run away from this one.Answer #6: Post on /r/relationships, this isn't a legal question.

Legally, you can't get married until her divorce is final.  But you can get married the day after.  As everyone else said, don't.


Title: [TX] just found out that someone has been getting benefits from the Kansas City railroad, the benefits are in my name, but I have never heard of it.

Question:
I was informed while applying for food aid at HHS,

I’m 25 and it’s supposed to have been going on since I was much younger, it is from my grandpa, and my dad passed away at 13.

I never knew about any of this, What do I do? Thank you, I am so nervous.

Answer:
 From what it sounds like these are supposed to be survivors' benefits paid to the child of someone who worked for the railroad.  So this money, while technically in your name, would have been a form of child support - it would be going to your guardian-- your mother or whoever was supposed to be taking care of you.  However, after age 18, that should have been transferred into your control barring any extenuating circumstances.

Your first step is to contact the railroad and ask about the benefits being paid to you.  This does mean that whoever has been collecting for you after the age of majority is going to be in big legal trouble - and honestly, they deserve it.  I've seen far too many threads of "my mom racked up a lot of debt under my name but I don't want her to get in trouble so I won't report it".Answer #2: You can call them (Kansas City railroad) and find out what's going on. Answer #3: Most likely a family member had been collecting this. They were betting on you never finding out.


Title: GEO Group abusing power in prison

Question: I reported the staff for discrimination, violation of privacy, abuse of power, solicitation for sex and engaging in other criminal activities.  One week later my husband has been sent to the hole and his visits are to be suspended 60 days of visit if he just takes a charge or 90 days if he fights it.  He is being accused of exchanging bodily fluids in the form of saliva with me by sharing food with each other.  He was told is a lose lose battle and that now he will learn to stay quiet.   Please I need some advice.  I spoke to the officer in charge and he said he would address our concerns.  This is the result.

Answer:
 What evidence do you or your husband have of the accusations you made?

Who did you report the staff to?

Were you notified before visiting your husband that you were not allowed to share food with each other?

&#x200B;


Title: NJ/USA Ex girlfriend of mine has taken nude video clips of me and edited them into pornographic videos that she is selling

Question: My ex gf is making extremely cringey “femdom” videos featuring a lot of video footage of me nude, especially my dick, but unfortunately my face doesn’t appear. I have contacted the website she is selling the videos on but I did not have enough “evidence” that it was me for them to take down the videos. I was very mad about this response and would like to know what my options are. She has sold them a few hundred times it makes me sick to think about it.

Answer:
 NJ has “revenge porn” laws

Contact and attorney nowAnswer #2: While you may not be able to prove that it's you in the video, if she's selling it she should have obligations to hold documentation regarding the 'actors' in her movies, to prove they're over 18 if nothing else.

Look up 18 USC 2257.

That might give you some information to more effectively shake a stick at the hosting site, though it still might take a lawyer to sound scary enough to get a good reaction.  Answer #3: The site doesn't care when it comes to singular people making a complaint.

You can file a police report at your local police station and get a lawyer(now)

If you have issues finding a lawyer, you can contact your state bar for a referral.Answer #4: File a police report on your ex NOWAnswer #5: Contact an attorney to send them a cease and desist letter - my experience is that most sites will take it down pretty quickly.


Title: How does a person born off the grid get back on it?

Question: I found out today that a friend of a friend was born "off the grid" (no fingerprints, no ID, no SSN, no birth certificate, officially doesn't exist). Naturally, this limits your options in life as almost everything requires some sort of proof of your identity. So how would a person like this get these things? Are they considered a natural citizen, or would they have to file for citizenship?

Answer:
 They have to prove that they were born in the US, or born outside the US to US parents.  The process starts by applying for a delayed birth certificate in whatever state they were born in; the exact requirements will vary by state.

There's a by someone who was in a similar situation and who started it to help kids get back on the grid, but I forget what its called and a quick Google isn't bringing it up.  But start with a delayed birth certificate for wherever they were born.Answer #2: I'd start at the local social security office. The people that work at the office are mostly idiots (not their fault really there's tons of turnover). He's going to want some kind of proof he was born in the US and where exactly, his full name, and his birthdate. I would suggest an affidavit signed by each of his parents. I think once he's got an SS number and card everything else should be pretty easy to get. Birth certificates are issued on the local level if he wants one of those I'd suggest starting at the local courthouse, but you might have to go through the state vital records office. Do that after getting an SS card.


Title: My brother has his car parked on my property and wont move it. [MI]

Question: Post title says it all. My brother has had his car parked in my front lawn for ~8 months and he won't move it. Is there anything I can do? I'm in Michigan.

Answer: This one's easy;  Call the cops and have the car towed.


Title: (CA) Fedex is wrongfully charging me...what are my options?

Question:
I sent two packages months ago - they had the same dimensions and weight. Each cost $120 to send to their destinations. A month later Fedex contacts me saying that 1 package was measured incorrectly and I actually owed an additional $400. I told them that this was impossible because :

1. Both packages weighed the same and were the same dimensions. If I am being charged $400 for one, why not ask for an additional $400 for the other one?
2. Why should I pay for their mistake?

Anyways, I blatantly told them I can't afford to pay that and they decided to bring my bill down to $150. I still refused because I believe this is fraud and they've sent me to collections. What are my options here?

P.S. I've asked other friends who have shipped musical instruments within the same box/dimensions if it cost them $400 and they did not agree. They paid around the same ball park price that I did.

Answer: Nal but I ship a lot of stuff via FedEx. Did you ship it on your account or at a FedEx office location?  What where the dims you provided and what do they say they where?  What service did it go. I might be able to helpAnswer #2: Would it be possible for the recipient of the $400 shipment to repackage it pretty much identically to the original packaging and then take it to a FedEx and ask them for a shipping estimate?  If the recipient never got it, then tell FedEx you want them to give it back to you and cancel the shipping contract on that item.


Title: Bar Owner stealing tips

Question:
The owner of my bar has decided to start keeping our tip share (what we earn from servers) to "pay someone to clean the bar". On top of this, she docks our pay for liquor shortages, doesn't pay for our time worked, and doesn't pay overtime. Do we have any legal recourse here? I imagine that the labor board would have an issue...maybe the IRS too for her additional income. We are fed up. There are several previous employees that have dealt with this too. Where would we start the process of reporting such a thing?
In Tx.

Answer:
 Not giving you your tips is illegal. Forcing you to pay for liquor shortages is illegal.  Not paying you for time worked is illegal.  Not paying you for overtime is illegal.

The IRS thing is between her and the IRS. The rest concerns you directly. Contact your local DOL and make a wage & hour claim. They will help you.


Title: I bought a phone on Amazon for a very low price and now the seller is asking me to cancel the order after taking my money. What are my options?

Question:
[deleted]
Topic:
Consumer Law

Answer:
 > Is the seller legally obligated to ship me the item?

No, generally not. However, the seller is obligated to _either_ ship you the item _or_ refund your money - they can't ship you the item and demand that you pay the difference between the price listed and the price they wish they'd charged.

You don't have to cancel the order, though - Amazon provides sufficient tools for them to cancel it and refund it themselves.


Title: Worried about being kicked out for having a dog

Question:
My Wife, my kid and I are staying at an airbnb with our dog in Quebec for the next 5 months. The company my wife works for is providing us with the accommodations. We found a place on airbnb that we liked. My wife came for a viewing and then the company handled actually booking the place. I believe they did this outside of the airbnb app. On the airbnb page it doesn't say weither they are dog friendly or not. We told the people doing the booking that we had a dog and they should check with the landlord if that was okay.

Apparently they did not tell the landlord about the dog. The place is a threeplex condo. Apparently someone else in the threeplex noticed we had a dog and notified our landlord.

We received a text from the landlord saying that we should have told him we had a dog and that dogs are not permitted in his coproperty. We apologized for the confusion and told him that if it's a major problem we can try to find another place. He apparently likes dog and doesn't have a problem with it and he said he would try to smooth things over with the neighbor.

My concern is that because it's a condo and because dogs apparently aren't aloud the condo board could decide to kick us out. We really don't want to find another place last minute. What are our options?

Answer: do you have a lease?Answer #2: I am pretty sure the eviction process would take more then 5 months in quebec.


Title: Courier driver refused to deliver a package because i was recording. Was i in my legal right to do this?

Question:
A little back story before happened, the first "attempt at delivery" never happened which led me to contacting the delivery depot to inquire why no attempt was made but marked as attempted, saying i refused it. The customer service rep then redirected my call to the drive himself and he spoke to me directly saying "the package is damaged and the box is flat, there is nothing inside the box and had no other option but to put the label on the tracking saying "attempted deliver, customer does not want the package" and give the empty box to the supervisor" Which is not true, i was expecting it, it was photography/studio equipment inside the box.

As they told me the package was empty and it was just a flat box i was shocked and started to record all encounters with this courier from then on, including the phone calls, i told them i was recording our conversations for my protection.
To my surprise a few hours later another driver shows up, this time a female, and drags a ripped up and damaged box to me with the contents magically now back inside (but visibly damaged). I start recording in the hallway of my apartment, i actually didnt care about getting her on film but i was making sure that i had photos or a video of the box being shredded and damaged insides, at that point she was nowhere in the video. Things escalated when she noticed i was taping and called me "creep and weirdo" and told me to delete the video off my phone and she wouldnt leave or hand over the package if i didnt. I told her im recording the box for my own protection so that the company i bought the item from sees it was not damaged by me but before delivery by the courier. She refused to hand it over to me, i stood calmly in my door recording the whole thing go down. She called a supervisors and told them she feels uncomfortable because i "might put this on the internet and do whatever with it", when i asked what the supervisor said on the matter she said "not important". I said "ok", then she insulted me more and called a second supervisor and said shes leaving.

Now things have escalated so greatly that the first driver fabricated that i threw a coke can at him, as told to me by a lady calling from (the courier) today. (i never even seen or come in contact with this first driver) they advised me that the drivers dont want to deliver the package, which is the LEAST of my concern right now, i dont want to accept the package.

Now im definitely going to be seeking a legal case against them for the association of ASSAULT that he fabricated. But for now my question is in regards to me video recording the delivery on my property. Im so grateful i did regardless because clearly it seems they like to make up serious accusations, this woman could have done the same if i was not recording her.... wow.

So was i in my legal right to record the attempted deliver with the second (the female) driver while in my apartment? (there are security cameras in the lobby as well)

Thanks in advance guys, i really appreciate any advicie.

Answer:
 You had a right to record, and there's no law saying she had to deliver the package. This is a customer service issue not a legal issue.Answer #2: This is not a legal issue.  Contact the shipper.  Report that the shipment arrived damaged.  Ask them to ship it with a different courier.  Job done.

> Now im definitely going to be seeking a legal case against them for the association of ASSAULT that he fabricated.

You have no damages, and thus nothing to sue for.  Next time don't act like a dick, and you won't create these problems for yourself.Answer #3: You can record them.

They can refuse to deliver to you if you do.


Title: Built a halfpipe in my Brooklyn, NY backyard and neighbor keeps calling 311 and threatening a petition

Question:
3 months ago, I built a skateboarding halfpipe in my Brooklyn backyard after receiving permission from my landlord (I'm renting). [Here's a picture](https://imgur.com/a/pQIfA0L). Since it's a city, my backyard is relatively small and surrounded by other backyards.

The ramp is big (30 ft long, 12 ft wide, 4 ft high) and somewhat loud, and has been upsetting a few neighbors due to the noise – particularly one couple who lives in a neighboring building. To keep everyone happy, I've been contacting all my neighbors promising only to do it during business hours, no weekends or after 5pm, no music, no parties, etc. Essentially, I only use it for a few hours every week and when almost everyone is away at work.

Since it's a hip area, most neighbors are fine with it (or at least they say they so when I ask), but this couple from a neighboring building just told me they call 311 on me every time I use it, but that they always arrive after I've already stopped. No one from the city or 311 has ever come by. They've also texted me claiming they may start a neighborhood petition.

I've tried reasoning with this neighbor, giving them my phone number, offering to only use it during a certain set of hours when they're out, trying to work around their schedules, yet all they say is that they want the ramp taken down.

Is there anything I can do to ensure the ramp stays up? What should I do if 311 ever comes by / will they? They claim to have called 311 over 10 times, so it seems odd I've yet to encounter them, unless they're bluffing / 311 won't do anything. Any advice on this matter would be greatly appreciated! Thank you!
Topic:
Real Estate law

Answer:
 Your landlord may have given you permission but I would be shocked if the insurance is okay with this.

It's possible you're violating something without having this permitted, but I'm not certain.  Permission at large from your neighbors is good!  Document it if you can.  A timeline of who was called and their response is good, including the neighbor's rejection.

Ultimately, you can't really do anything here until and unless you are actually confronted with something actionable.  They're allowed to not like it, but you have permission and for now that wins out.Answer #2: This sounds like a permanent structure, which was built without a permit, so it's probably an illegal structure.  You should check with NYC building codes.

To be honest, your landlord is a fool for allowing this.  The liability issues are huge, as it probably also creates an attractive nuisance.

If your neighbors want it down, they will probably eventually succeed.  It sounds like at the moment they are just barking up the wrong tree.


Title: School is threatening suspension to any who have this video.

Question:
For the sake of safety, I am using a throwaway account. I will not be naming the school, any person, or the exact date in question.

Within the last 2 months, there was a fight between two individuals at my school in the United States, Virginia. A few people were able to record the fight. Those people who did record the fight, were threatened with suspension if they did not delete the video infront of a administratior. Then to go to recently deleted, and also delete the video there while under the administrators supervison.

My question is, can they legally enforce the threat that, if you have a copy, or share a copy of a video from the incident, that you may be suspended? This seems like it may be a violation of privacy for them to force what we are allowed to have copy's on our phone regarding the incident. I may be completely wrong, but this just seems wrong.

Edit: Grammar.

Answer:
 Teacher here and while not all schools are the same we operate similarly. Your school is likely trying to play damage control and in an era with YouTube and social media they are trying to prevent this video from going public.

Schools have more leeway than you think. It is also possible that at the beginning of the school year you and your parents signed an electronic usage agreement (it might be wrapped up in the student handbook or a separate document) consenting to a search of a phone or consequences for using it inappropriately.

I'm unclear whether you are saying you have this video or are just asking this question to quench curiosity.

In any case, if you have the video I would just delete it and keep quiet. Schools are not going to take the time to search your deleted data to see if you have it. It might also be in your best interest to stop taking your phone to school. If you get called in for questioning to an admin office there are a few things you can do. Speak truthfully if you talk, be cooperative, be respectful, and you can ask for your parent/guardian.


Title: So someone just basically threaten me about knowing my personal information.

Question: Long story short, I have a friend in jail, she is asking a friend of hers to get money to pay the bond, he messages me and asks me about my trust fund(which I have no information on) and told me the amount in said fun. How would i go about checking that so I can sue his ass for illegal looking up information?

Answer: Doxxing isn't illegal


Title: Credit only bar in MN... is this legal?

Question:
Yes yes I know it is ridiculous,  but so was the amount of employee theft at my bar during cash transactions.  I am always pointed to the part of the bill that says it is legal tender for all debts by unhappy customers.   Is it only illegal to hold them accountable for a bill if I didn't warn them first?
  What are the rules on this?

Answer:
 You're in the clear here legally. You should still post clear signs and warn people so you don't end up with pissed off customers. I frequently go to bars with only cash, and would be pissed if I found out when it was time to pay my tab.Answer #2: It's legal; see the link below. You might lose out on a lot of business from customers that don't have/use cards; although I tend to drink more when I open up a tab, so maybe it balances out.

http://www.treasury.gov/resource-center/faqs/Currency/Pages/legal-tender.aspx

Essentially, a transaction for goods and services isn't a debt. If it's not a debt, saying the "currency is valid for all debts public and private" has no bearing on your decision to accept cash for that transaction. Answer #3: If your employees are really that bad, they'll start pouring drinks for 'cash tips' and you'll be right back where you are now.  Why don't you just fire your whole crew, and pay enough to attract honest employees?  It's not like tending bar is job that requires years of specialized training.


Title: Employees being worked 20 hours a day 6 days a week. Sleep deprived and still operating heavy machinery.

Question:
I don't know if this is exactly the right place or not but considering r/osha is for funny osha violations, here I am. I work in a manufacturing plant that manufactures cabinets and counter tops as a programmer for the large machines. I have recently discovered that the operators of those machines are being worked until 1a.m. every day after coming in at 5a.m. 6-7 days a week. This raised at lot of red flags with me and I brought it up with management.

The management told me that upper-management told them to work as much overtime as possible to catch up with our deadlines. I tried to convince them of the safety hazards of this practice but they told me it's over my head. I've attempted to look into the legality of the both federally and I'm a state level but haven't turned up much. This is in the state of Tennessee.

We've already had one man wreck his truck from falling asleep at the wheel and the situation is only getting worse. Morale is dropping like a rock along side efficiency. Everyone is anxious and pissed for having the threat of firing over their heads if they refuse the overtime. From my asking around, it seems this has been going on for the better part of a year.

Apologies for mobile formatting or leaving out anything. I'll edit and change whatever is necessary.

Tl;dr: employer is slave driving employees to the point the exhaustion is endangering their lives.

Answer:
 This is well beyond internet-not-a-lawyering. If you wish to pursue this you will have to report to actual OSHA directly or any sort of state regulator for this kind of work if exists, and engage an actual attorney familiar with reporting OSHA violations to protect you (as much as you can be) from workplace retaliation.

I would heavily consider contacting that attorney first as there may be details you don't know about the process that you could do to protect you. Your state bar may have an attorney referral service you can use to find such an attorney.Answer #2: Report it to OSHA.  Include as many details as possible.  Pictures of wrecked machinery/sleeping employees/schedules saying "John Doe machine operator 5a-1a" would help.Answer #3: Just wanted you to know, if you in good faith call OSHA to report unsafe working conditions, you cannot be terminated or otherwise retaliated against.

https://www.osha.gov/Publications/osha3164.html

Call your local OSHA. Your coworkers will thank you for it.


Title: (CA) Unable to drive a newly bought car because I haven't received my license plates

Question:
I bought a new car from a legit/authorized dealership in California (US) 7 months ago but I still haven't received my license plates. And I haven’t been able to drive the car for the past 4 months because the temporary license expired. Every time I call into the dealership their financial manager, general manager, and DMV clerk would just tell me to wait.. The DMV clerk said that they would send me a moving-license (basically another temporary license) but I haven't received anything from them after waiting several months.

Whenever I call into the DMV directly, they would always tell me they haven't received anything from the dealership and that they can't give me any information about the vehicle because it's registered under someone that isn’t me (what?!). I submitted a form to the DMV Investigations office hoping that it would get things moving. I’m assuming either the vehicle’s VIN number was registered incorrectly by the DMV or the dealership is doing something fishy. I don’t understand why it would take more than half a year to correct.

Is there anything I can do to speed things up? I need my car to drive to work and daycare but I'm unable to drive the car because the dealership won't do anything! This has been really stressing me out and feel helpless about the whole thing.

Answer:
 You need to find a way to walk into that dealership and speak face to face with whomever is in charge.
It’s much harder to dismiss someone when they are standing in front of you.
That doesn’t work, find the contact information for the owners of the dealership, speak with them.
Contact local news, state representatives and finally an attorney.

The fact you’ve let this go as long as you have is. crazy.

Answer #2: It might not get your car registered any faster, but you can [file a complaint with the California DMV](https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/consumer/invest/inv172) if the "Dealer Did Not Transfer Registration to Buyer Within 60 Days."


Title: [Missouri] Bought a house, the deed is wrong and we aren't sure what we own.

Question:
So my fiance just bought his first house in June. We bought the property outright but still paid to have an inspection done and went through a title company and got title insurance. Better safe than sorry, right?

Well the first deed we got had his name wrong so we had to send it back. It was at that time we realized something was off about the rest of the deed. According to the deed we own 30 ft of lot B and all of lot A. Now we thought lot B was our conjoining neighbors lot, 30 ft of his property would be his driveway and the addition that was built onto his house. So we decided to order a land survey to get to the bottom of what's going on.

So it turns out. Lot B is the property our house is on and lot A is the property our neighbors house is on. So according to the deed we own all the land our neighbors house is on and if we own the southern 30 ft of lot B only then we don't even own all the property our house is on.  On top of that the property line of lot B goes over an easement road 8 ft into another neighbors property of lot C.

So we're kinda assuming that they messed up again and got lot A and B confused on the title. But either way we have some major property issues.

Our surveyor is currently trying to pull more records because he's hasn't seen anything like this and we are still waiting for the new copy of our deed (3 weeks so far). We are waiting on a lawyer to contact us back and I am seeking any advice on a few things.

How bad is this?

Are we libel for it or is someone else?

If we ended up buying less land than we paid for do we have any recourse?

Thank you all for your time.
Topic:
Real Estate law

Answer: This sounds convoluted...it's probably a clerical error.


Title: We just transferred my dad from one facility to another memory care. Does HIPAA cover disclosing information to an estranged daughter?

Question:
Some background; my dad has Alzheimer’s and prior to getting diagnosed, made me his POA. I am his daughter. He has another daughter from a previous marriage that he has been estranged from and has in no uncertain terms left out of his will and all legal documents, let’s call her Lacy.

A few months ago, things started getting bad and we had to move my dad into memory care. Lacy found out which one and promptly went to see him, causing a ruckus, but aligning herself with some of the aides. Due to some less than savory issues, we transferred him to a new facility. The new facility has told me they will not disclose his presence to anyone without checking with us first, so I’m happy with that. The old facility is what I’m worried about. Does HIPAA prevent them from disclosing the location of my dad’s transfer to Lacy?

I know it’s not quite a hospital situation, so that’s where my confusion lies. I work in a hospital and when patients’ loved ones call, I don’t confirm they’re there; I put them on hold, I check the chart to see if they’re listed. If they’re not; I check with the patient if they’re conscious to see if they consent to me telling this person they’re there and if I’m allowed to give them an update. He does receive care at these facilities. He’s not on the independent assisted living side, he’s in the dementia care side. What are the legalities regarding this issue?

Answer: Tell them specifically that she is not authorized for contact or any information, and that if anyone not on an approved list contacts them about your dad, to contact you in case they should actually be granted info/access.


Title: [NJ, USA] Parents Getting Divorced, Need Advice

Question: Hello everyone. I'm 14 and with 2 brothers (12 and 10). I'm in Sussex County, New Jersey, USA. My parents are getting divorced and I need some help. There are multiple things that my parents are fighting for, and I need to know my rights in this. One of the issues is my youngest brother, he has been diagnosed with ADHD (and some other conditions I think) and desperately needs medication for it. Doctors say so, my mom say so, everyone agrees to it except my dad. He constantly has rage fits where he physically and emotionally harms my mom and our belongings. As someone who used to do this and used to be on meds for similar if not the same condition, he needs meds. My dad however refuses to let him. It isn't a money issue as the insurance pays for it. However he's saying that's it's because of the situation he's in and that we can't "medicate away the problem". My dad is very manipulative. I've never actually been in the courts but from what I've heard, he's been saying that my mom can't be our mother and that she is irresponsible. Which is bullshit considering she cared for us the most and he was the one who provided money. Our current house is essentially falling apart, has mold, water stains, etc. However she is working on getting a better job and a better house. The current house is the original one that she and my dad co-owns. My dad now rents another house that is certainly not big for all 4 of us. What I think would be best is full custody with my mom and planned visitations for my dad on occasion, however he's fighting for at least shared custody. I'm pretty sure the only reason he keeps my brother off meds is so he can pretend to like him for who he is and manipulate him into not seeing any of the bad stuff going on. My dad is manipulative, emotionally abusive, controlling, and he is not fit to be a permanent/shared father. I have pictures of him vaping, and I'm fairly positive he also smokes weed. I don't know if this can help but I might as well mention it. It's really difficult to do this because as I said, he's manipulative. And he'll always guilt trip me about "losing him" and how his father left him. He has anger issues, once he turned off my phone's mobile data because I went to a friends house instead of his on their birthday. He blames the "way we treat the house" for the toilet breaking and he guilt trips me for how much he has to pay the bills. Anyway, I need to know my rights in this. Do I have any choice in the custody situation? Can he take any of my property? Can he take our dog? Is there anyway we can get my brother meds without his (my dad's) consent? My parents aren't currently letting me testify or anything, but I'll eventually probably need to go, and I need to know what to say in order to get what we need. Thanks.

Answer:
 The judge will almost certainly consider your input due to your age. In the meantime, you should contact CPS and forward any evidence of his use of illegal drugs to them. Your mom should make sure to show the judge evidence of your father's violence and doctor's statements on your brothers condition.

Edit: in the meantime dad need not give permission for your brothers medical treatment.


Title: [CO]Sister just bought a house. Neighbor came by and was surprised she bought it with the Eminent Domain. Seller never mentioned this.

Question:
My sister just bought a house in Colorado (Boulder County) and her neighbor came by today to welcome her. During their conversation, the neighbor said she was surprised that my sister would buy the property with the city sending out an eminent domain letter a few months back. The seller never mentioned this to my sister or her realtor. 23’ x 100’ of the front of her property is being claimed for a bike path next to the road. This basically takes away the majority of her front yard. The seller was a flipper if that makes any difference.

Does my sister have any legal recourse with the seller?
Topic:
Real Estate law

Answer: Yes, absolutely. She should start with her title insurance, if she got appropriate coverage, or with a real estate attorney otherwise.


Title: Wife (24/f/US-TX) has millions in a custodial account

Question:
This is a throw away for obvious reasons, sorry all.

When my wife was a child, her grandfather bought her stocks and put them in a custodial account with her mother as the custodian of the account. There is a falling out between the two of them and my wife is afraid that she won't be able to get access to the stocks. We got a letter in the mail listing the account number and total shares that she has and it is approximately 8.2 million in real value. We have a few questions:

1. Are we able to remove her mother as a custodian of the account now that she is over the age of 21? (Texas law, from what we gathered, requires the adult be over 21 years old.)

2. Is there any legal recourse for her mother to have "claim" to the money?

Any advice that you all have would be great.
Topic:
Wills Trusts and Estates

Answer: You reeeeally should hire a lawyer familiar with trusts/estate to review this. 8.2 million is a big chunk of change and well worth a couple hundred bucks in lawyers fees.


Title: (NH) If a debt is not forgiven in a will, is it still considered a debt when the estate is equally divided among siblings.

Question: [deleted]

Answer: She still owes the money, now to the estate. Its the responsibility of the executor to collect legitimate debts due the estate, and pay the debts of the deceased. The attorney should help the executor through this.Answer #2: Did they have any type of agreement about the debt? Written or otherwise? Is her portion enough to satisfy the debt? Are there any specific bequests in the will or is it just divide whatever there is amongst my children equally?


Title: Employer is forcing me to resign

Question:
Hey there, I'm in southern California, and I have a bit of a weird situation. I work parttime at a sunglass kiosk in a mall, and my coworker and I asked for a week off so that we could go on a cruise. My manager came to me and told me that because of the way the company does things, my friend and I would have to formally resign and that he couldn't promise they would rehire us but he planned on rehiring us.

I trust him but the regional manager has been pushing for him to get rid of two employees. (we have two who would be perfect candidates to get rid of, given that they never show). But now that my coworker and I have to resign just to get time off, im really worried. We're the youngest on the team, so if they were going to pull something I feel like we'd be easy targets.

We've already submitted our resignations, but is it legal for them to make us quit just to get vacation time?? And if so, what do I do?
Topic:
Employment Law

Answer: Why would it *not* be legal to ask you to resign if you are planning to take time off that has not been approved?


Title: Property manager fucked up BIG TIME, did they break the law? What sort of leverage do I have?

Question:
throwaway.

Backstory, the property manager was fired over 2 weeks ago. He was fired abruptly without a replacement ready to step in. Now we know why.

I’m in the East Bay (near SF). 6 months ago I took over an Apartment in a nice complex. I live with 1 other person in a 2 bedroom. I took over a least that ends mid Oct, 2018. I have the signed PDF on my computer.

Recently, a really nice living situation popped up and I decided I wanted to jump on the opportunity and move. I thought I would just have to find a suitable replacement (and I did), and that person would just take over my lease, the same way I had. I found someone within a week.

Since the property manager was fired days before I made this decision, I didn’t know who to reach out to. Eventually, within a few days, I got in touch with the his boss.

We’ve been going back and forth over a week about getting this new person approved and to take over my least. Their instructions (or lack there of) was fuzzy at times. Finally, this evening, after some probing and sensing something didn’t add up, I realized that:

The lease we assumed signed were on doesn’t exist, according to them. They said that we had been living month to month since Oct 2017!

On top of that, instead of just letting new roommate (Jason) take over my rent, they want my current roommate (Niki) and Jason to apply together (both paying application fees), and my roommate has to re-submit documents, and potentially rejected.

My roommate is understandably upset and no longer wants to live here or sign another year lease. She’s been here for years, and has had many roommates, all done through the simple process of someone taking over part of the lease. She never had to reapply. —- We don’t know what is the norm. Because the property manager was negligent, we don’t know if the process we experienced is what is suppose to happen or not. Does anyone know?

We need to know because we want to push them to let Jason take over my lease in the same manner, but want to know what is the norm?

We would also like the option of just ending our lease immediately, since the whole situation is messed up and we didn’t do anything wrong.

my questions are:
1) is what happened legal? In a court of law, are they liable in some way? Either to me or to some government agency. I signed a document saying I was on the lease with a property manager and he never filed it. I have a document that I thought was legally binding but it’s not, but they left us to believe it was. Even when they fired him for presumably this, they didn’t notify us of the fuck up. How worried would the company be at this mistake, most likely with other tenants as well. How much leverage do I have?

2) When I took over the lease, only I had to be approved. Only I had to submit documents. Is this normal? According to them Niki and Jason have to reapply together and each has to pay a fee. What is typical when someone takes over part of a lease?

3) What are the chances they will let the new person sublet or take over my spot for a month if I push them, without my roommate having to reapply together? She doesn’t want to sign a new 1 year lease, or re-apply, and I don’t want to pay an extra months rent.

They said we are month to month, and need to give 30 day notice before we leave.

I’m taking off work and going into the office tomorrow to try and get some answers. I just want to know how much leverage I have.

Best case scenario for us is:
* Jason allowed to sublet/take over my spot until Oct 1st, then he’s free to sign 1 year lease renewal with someone else
* We will also settle for them letting us out of the lease completely by Sept 1st.

Answer:
 So you have a couple options. Either tell them okay, well if the lease was up last year we want to give 30 days notice (unless otherwise specified in the lease) and leave near the end of September.

Or you can show them a copy of your lease running until the end of October and try to get them to approve the assignment to Jason.


Title: Question about a doctor.

Question: I'm waiting at a doctor's office that has extremely long wait times but offers a 50 dollar fee for a "quicker visit." Is this legal?

Answer: I find it amusing that, considering the politics you display in your post history, you would think that a "quicker visit fee" should be illegal in a free market.


Title: Why Am I required to have a father's name on the birth certificate? I can't get my son's birth certificate! (Idaho/ADA)

Question: I Had a baby in 2016 my ex-husband is not the father but, he wouldn't divorce me for about a year and a half. I had casual sex and got pregnant; I don't know who the father is but the state is trying to put my ex-husband on the birth certificate because we didn't get divorced until I was about five months pregnant. Is there any way I can stop them from putting him on the birth certificate? I know he is not the father, but I don't know who the father is. My ex-husband signed an affidavit saying he wasn't the father but they won't use it because theirs no biological father listed. We live in the 21st century! How is this even possible?

Answer: When a child is born during a marriage, the presumption is that the husband is the father. He would have to prove he is not, at this point, to keep his name off the birth certificate.


Title: Pulled over on motorcycle - no insurance

Question: [deleted]

Answer:
 Maybe the judge will be helpful. The irony is that if had been honest instead of lying, you could have taken the new insurance to court and maybe gotten it reduced or eliminated. That's how it often works where I live. But you lied to the cop, and then you send him evidence of that lie, and that won't help your case.

Normally I don't recommend that people volunteer to police that they've done something wrong, but with vehicle insurance they're going to find out.


Title: Need out of my study abroad "commitment"

Question:
[deleted]
Topic:
Contracts

Answer:
 Why don't you just call their admissions office and ask them?

Short answer, you are generally bound by any contract you sign. Any loophole out of your commitment is going to be outlined in that contract. Seriously, just call them


Title: Age of consent help Tasmania Australia.

Question: So I am in Tasmania Australia right now and last night while drinking I hooked up with a girl I knew to be 17, I'm 23 and I am wondering if there can be any kind of Legal trouble from this? The age of consent says 17 but some of these things seem to have a maximum age untill both partys are 18? I've done some googeling but I can't come up with an answer. so hopefully Reddit can help.

Answer:
 Age of consent is 17. If she was 17 you should be fine. See [here](http://www.lawstuff.org.au/tas_law/topics/sex/article). As life advice, I would suggest not having sex with teenagers when you're so much older. There are plenty of more mature partners out there. Teenagers are crazy and drama that no one over 21 generally wants to deal with.

For the future, you generally only run into problems with the age of consent if she reports you or if her parents find out and report you. Typically statutory rape charges result from angry parents who don't want their child dating an older person. Police aren't going around checking up that everyone is of age, they only investigate when someone reports it to them.


Title: Arrest from years ago erased from record, but local newspaper still has article up online.

Question:
Hi Guys,

Not sure if this is a thing or not, but a few years ago I was arrested for something but cleared of the charges. Before court the newspaper published an article with my name in it, not just a police arrest log. When you google my name the article still comes up and I'm afraid of this affecting my future job prospects. Do I have any ability to request the article be taken down from the website?

Thanks,

Answer:
 Sure you can ask them.  They'll probably say no, and they do not have to legally take it down.

Consider using one of those reputation management companies to help bury it in the search result list. Answer #2: I am not sure of your location.  You do not have a right for the article to be taken down.  The article was likely just detailing the arrest, which is perfectly legal.

What you can do is politely and kindly email/call the company who put the article up and ask if they can take it down.


Title: Can I get unemployment if I quit because of a hostile work environment?

Question:
I've been dealing with shit with my co-workers for a while now. Nothing too overt except a few instances of people messing with my equipment and withholding information to fix issues (I work in desktop support). It's been going on for several months now and I've informed my manager and HR. They seem to be moving slow to deal with it.

Could I get unemployment if I quit? I live in the U.S.
Topic:
Labor Law

Answer: what you describe is not a hostile work environment.


Title: How far does "never talk to cops" really go?

Question:
A cop came to my door just now. He said they were canvassing the building looking for a missing person. I didn't have any useful information to give him. After he asked his questions he wanted my name and DOB. I was hesitant to give them (and he explained that I was under no obligation to do so), but ultimately I did because I couldn't think of a really good reason not to.

So I guess my question is, does this break the "don't talk to cops without a lawyer present" rule? I can't imagine society could function if everyone followed that rule absolutely. Am I supposed to decline to say that I don't really know my neighbours and haven't heard anything suspicious? How are the cops supposed to get anything done?

[Ontario, Canada]

Answer: You can talk to cops. The key is to not talk to cops when you might incriminate yourself, since many people don't know where to draw that line.


Title: Partner stole work (In CA)

Question: I’ve written a TV series with a writing partner and former friend and filmed the pilot for pitching purposes . She an I are now estranged. It’s been brought to my attention that she’s submitting to festivals, winning awards and filming the other scripts without my knowledge or consent. Our verbal parting agreement was that we would keep each other informed of any activity with our joint project. I have each of the episode scripts date stamped in my computer and the original pilot script is registered with the writers guild of America. What are my rights? What’s my legal recourse? What do I do?

Answer: As this gets very fact-specific, you probably want to consult with an attorney in the entertainment field.  If you're in Southern California there are quite a few.  This would be worth your time considering these works have received acclaim.Answer #2: Did you film the pilot under a WGA, SAG, or DGA contract? If not, it's useless for airing on a US network unless it was filmed outside of the jurisdiction of these guilds anyway so I wouldn't worry about the pilot. In any case you should contact the WGA, even if you aren't a member (writing an entire TV series that gets sold would give you enough units to be a member). They have legal resources for exactly this situation. It doesn't sound like she sold this series yet, but if she has optioned it and misrepresented herself as the sole writer she is in trouble.


Title: (NY) Took someone else's credit card to show to a club so I could book a room. The club found out it wasn't mine.

Question:
I did something sort of dumb and I want to know how screwed I am. I just turned the big 2-1 and to celebrate that I could drink (legally) I wanted to book a room at a club for a party. To get the room as a deposit I either had to put down a ton of money or provide a credit card. I’m a poor student so both of these were out but then something happened and I got an idea. I was bringing in the mail and something for my neighbor was in my mailbox by mistake. I was going to bring it over to get but I saw it was from a credit card company and I felt a hard, plastic, rectangle inside. It was a stupid plan but I figured I could show the card to get the room because I only had to show that I had one, they wouldn’t charge anything on it unless something was damaged or destroyed and then I could return the card to my neighbor the next day and just say I accidentally got her mail. We even have the same first name. It worked I got the room, the party was a hit and I met a ton of girls. I didn't have to sign anything related to the card (her name) and nothing got destroyed so I thought I was golden.

The part where I screwed up was getting so drunk that I forgot the card at the club. I don’t know how they figured it out but they know the card is not mine. I got a call from the police and I have to go for an interview with them. My cousin is dating a lawyer and he agreed to go with me but I am really scared over how much trouble I am in. Obviously if I have to cover the fees for my neighbor to get a new card I will cover that no problem. It’s the club I am worried about. Now that they know the card wasn’t mine I am afraid they will sue me or something. I have never had to talk to the police before. If I offer to pay the deposit I didn’t give them originally (in installments) would that be enough to get the club and the police off my back?

Answer:
 I call BOGUS on this one.

When new credit cards come in the mail you either have to call in or go online with some identifying information to activate the card.

No club is going to take a card to hold a room without running an authorization on it to verify the card wasn't stolen or accidentally sent to an idiot neighbor.

The card wouldn't work without it being activated by owner.


Title: Can I get a Restraining order? What rights do I have?

Question:
Hey there, I’m a (f 22) and I’m so lost right now. When I was 13 I was removed from my mother because she was abusive and nearly strangled me to death. They put up a 5 year restraining order which she got dropped after 3 years. After that she began to stalk me, finding me at school, following me around town, posting on social media that I was missing, just off the wall cringe stuff.
She denies all the abuse I have gone through, is telling people I am making everything up-which I’m not.
Well now I’m 22 and I left home in early September because I found out she was back on meth. I left before physical abuse could start. Well she’s been harassing me through Facebook, and texts and I’ve blocked her on all social media and my phone, but now she’s emailing me and texting my sister and other family members about me. She’s now convinced that I left home because I’m pregnant (I can’t even have children and she knows this) and now she’s telling people my SO is on heroin, which he is not. I’m so afraid she will cost me my job and his. It’s all making me paranoid and feeling unsafe, just how I felt when I was 13.
As much as I hate to cut her out of my life I have to but she won’t leave me be. Can I get a restraining order in Ca even though she hasn’t made any violent threats yet? I have saved all messages and emails, I also had to block her sister on social media as well because she had been harassing me as well and telling me I’m such a horrible person and that I’m not mentally well.
I don’t know what to do and this is really starting to bother my mental health all over again, I feel like they are trying to get me hospitalized in a mental institution again.
Topic:
Other Civil Matters

Answer:
 While it differs from place to place, generally yes. Your grounds sound solid to me.

If there's a free legal aid service in your area I would contact them for advice. If not, go to the courthouse and ask at the reception.

Where possible document everything that has occurred recently. This is good evidence in deciding whether to grant the order.

Best of luck to you.Answer #2: Contact a domestic violence shelter or organization in your area. They may be able to help you or refer you to some one that can.


Title: Ex girlfriend said she was going to sue me for defamation after a video of me telling people that she cheated wound up on facebook. [NY]

Question:
We only broke up last week and I was really drunk at a party and I told people that she cheated on me. Someone I know caught on camera and put it on his facebook. I told him to remove it and he did but someone must have downloaded it because it is still on a couple of community facebook pages and she has seen it. In the video I said her full name, so she's been getting threatening messages from people. I know that it was stupid but I had only just found out that she cheated and I was heartbroken (and drunk).

She told me that she was going to sue me for defamation. What I said was true and I have messages where she apologizes for cheating on me, so I have proof. As far as I know, to claim defamation I have to have made a false statement, right? I know what I did was stupid, but does she have a case legally speaking? Her parents have a lot of money so I'm a little worried.

Answer: You told the truth, so it's not defamation.


Title: Landlord wants to stay the night

Question:
Hey all, first post here, asking for my friend.
She's about to move apartments but her lease isn't up until the end of the month. I asked if she had a copy and she's not sure where it is.

Basically her landlord TOLD her that he's coming into town tomorrow and is going to stay the night in her apartment... With her... She doesn't think she can say no because it's his property, but obviously as a tenant she has rights and this does not sound legal.

It's in Chicago, IL. Can someone point me in the right direction to find her rights so she can stop this creep without losing her deposit?

I appreciate any help!
Topic:
Landlord Tenant Housing

Answer: Yeah, the police. That's insane, especially with everything going on.Answer #2: Is she renting the entire unit or just a room?Answer #3: Illegal, call the police. Protect yourself.


Title: Can my boss cut my salary by the day?

Question:
So I was hired as hourly, within 2 weeks the owner had me sign a contract for salary and made me the assistant manger. I was working at least 45 hours a week for $10 a hour. (I know that's a rip off)  Fast forward two weeks and I was dealing with a stalker, guy was going through my email. I showed up to work at 6 am anyway but asked if I could please trade shifts or something so I could deal him that day. He was threatening to come into the store. Instead of a adult response the owner herself came storming in and sent me home. The next day she demoted me because I was 'out of uniform' after telling me that I can 'wear whatever' I like because I'm the manager. She also is refusing to pay my salary for that day because I was sent home.

I want to know can she legally refuse to pay part of my salary? If I am not getting paid for all my overtime then why should my pay be docked too. I have copies and screenshots, contracts, everything. You can look at the dates and see that the employee handbook and dress code was not created till AFTER my write up.

I am on my way out anyway, the owner is vile and thinks its ok to manipulate people. She likes to hire girls from halfway houses, buy them stuff and make them happy, then rip it all away and force them to grovel for their jobs. It's an actual pattern that outside parties have noticed. I just want to know if I can or go to TWC.

Answer: Is your weekly salary at least $455 a week? What are your job duties? Did you perform any work on the day you were sent home?  The best advice here is probably just to find a new job.


Title: I just found out that the guy who told me to kill myself at the bar the other night is a high school teacher. Is there anything I can do about it legally or through the school system?

Question: [deleted]

Answer:
 It's not illegal to tell you to kill yourself.  There's no legal action to be taken.

You can report this to his school, if you'd like.  It's unlikely to have much benefit, and frankly makes you look like a bit of a crazy person.


Title: (IL) Is it legal for a restaurant owner to force waitresses to pay for food the customer doesn't want?

Question: Someone I'm closely associated with is a waitress at this place, and the other day a mixup occured wherein a dinner plate was sent out instead of lunch, and she was forced to pay the difference.  They got their check, but wanted desert, so their tab or whatever was opened again and a glitch had 2 more of the dinner meals were accidentally reordered by the system. She also had to pay for those. Is this something the BBB could get involved with?

Answer:
 > BBB

The BBB is not a government agency. It is a private company that, like Yelp [Edit: According to the [Los Angeles Times](http://articles.latimes.com/2013/apr/20/local/la-me-banks-yelp-20130420), other journalists, tech bloggers, and people filing suit against Yelp] charges your company money to make bad customer reviews go away.Answer #2: 1.  Illinois [requires a concurrent signed agreement](https://www.illinois.gov/idol/FAQs/Pages/Deductions-From-Pay-FAQ.aspx#faq1) for any deductions for breakage or lossage.  So if she did not sign such an agreement, this is not legal.

2.  The Federal Government [requires](http://www.dol.gov/whd/regs/compliance/whdfs16.htm) that such deductions only be taken from the actual salary, and the deductions cannot bring that actual salary below minimum wage (and that does not include tips, that's just based on minimum tipped wage.)  So if she is paid the minimum tipped wage, no deductions are legal.  Otherwise, deductions must be slow enough not to bring her below minimum in any pay period.Answer #3: >so their tab or whatever was opened again and a glitch had 2 more of the dinner meals were accidentally reordered by the system

To be clear:  In almost all certainty the "glitch" was her making a mistake.

>Is this something the BBB could get involved with?

 No


Title: Ohio job paying less than $4 per hour

Question: I work overnight as a caretaker for a dogcare service. I was wondering why my checks were so low and finally managed to get my hands on a pay stub. Apparently Im making exactly $50 per shift for 13 hours of worn amounting to a little under $4 per hour. This can't be okay is it? This seems wrong

Answer: You have to be paid at least minimum wage. Have you asked your employer about it? You can also file an unpaid wage complaint.


Title: Teacher has class read parts of Bible for school?

Question: This happened in a public school in Ohio. My English teacher had us read parts of the bible in class. We mainly focused on the Abel and Cain story for background reading for Beowulf. Could she get in trouble for this? She's a really awesome teacher and I'm curious if someone could complain and get her in trouble and the laws about religion in school.

Answer: Doubtful, studying a religious text from a literary perspective is fine.Answer #2: It's a book. It's a historical text. As long as she wasn't pushing the teachings it's perfectly fine.


Title: [US/MA] Paid roommate in cash, she claims not to have gotten it. What can I do?

Question:
First off it's a bit more complicated then the title makes it sound. I am living with my SO, and one of her apartment-mates (who is paying for utilities) has been commuting instead of living at the apartment as she doesn't like the living situation. This stems from a very complicated situation but the short version is she and my SO had a falling out and now she doesn't want to live there anymore.

As a result, I now pay my share of utilities (we split utilities evenly between the 4 of us, which I agreed to pay although by no means am contractually obligated to pay) to this roommate by delivering the money to her campus mailbox. In past months, since I had been giving the money to her directly, I had paid with cash, so I did not think to switch to paying with checks (this is my fuckup, I know).

Now, the bills came in and I owed the roommate money late in January so I gave the cash to my girlfriend who dropped it off at the campus mailroom on Jan 29th. Yesterday I got an email from the roommate asking me to pay, and when I notified her that I had paid she claimed that she never got the money.

I don't believe her at all, because she is quite manipulative and what I have come to realize as just a rather terrible person who would definitely do this kind of thing. I also went down to the mailroom today and asked if there was any sign of the money, I thought maybe they might somehow remember something or that it might still be there, but of course this was a dead end.

She is asking that I pay again with a check, but of course I don't want to just shell over the money again... The problem is I can't just not pay because then she will withhold money that is owed to my girlfriend, because my girlfriend pays for a different share of the utilities which ends up being slightly more.

Anyway, I was wondering if somehow anyone here had any advice for me or ideas on what to do? I will be gone for about an hour but if you have any questions feel free to ask them and I will respond as soon as I get back. If you read this far, thank you, I appreciate any help you can give.

Answer: Repay her with a check and consider it a relatively inexpensive learning lesson.


Title: Youtube copyright claim

Question:
Hi I'm from Canada. I made a video for an old song that I like. I use a 50 second clip of the song, and the video is an animation I made with photoshop and after effect. There was a copyright claim on the video by the company that owns the song. I understand that very well and I didn't monetize the video because of that. The problem I have is that while they allow the video to be up, it says that they can put ads and generate revenue from the video. How is that legal at all? I can't monetize it because it uses a song they own, but they can monetize it even though I own the rights to the video itself? And to be clear, this is not a videoclip for the song, it's an animation I made that uses 50 seconds of the song.

Why do they have the right to make money off of my original content? But I don't have the right to get a share of the revenue? That seems illegal to me. I don't know what to do, I don't want there to be ads on my video for some music company. The guy that made the song has been dead for 70 years, so the company can kiss my ass. The song is not public domain though because it was recorded after 1923 (1927). I also don't want to use another song because the animation is made for this particular song, it wouldn't work with another one.

So what can I do if I don't want a company to make money off of my original content?

Answer: This isn't a legal issue, it's Youtube Policy. Your option is to not use Youtube


Title: I got assaulted with a bat at work.

Question: Like the title says. I was assaulted at work with a bat by the owner's brother. He struck me about three times.He is basically the night man that manages the shop. Here's is the complicated part. It was after hours not clocked in and I  was consuming alcohol.  I do have two witnesses that say the incident.  He is claiming that I was drunk and that I was attacking him. This happened in Chicago. Any advice would be appreciated.

Answer: Someone assaults you, you call the police.Answer #2: If there is any chance you were so drunk you don't remember assaulting him then this could go badly for you. Do they have cameras?


Title: How to name the trustee of multiple trusts as a defendant in a breach of contract case?

Question: [deleted]

Answer:
 Did you loan the money to the person or to the trusts?

If you are suing a trust for a defaulted loan, you should consider retaining an attorney.  If you used a relatively standard form promissory note, it may provide for your recovery of attorney's fees anyway.


Title: [florida] Neighbors were arrested, and subsequently evicted. All of their possessions are laying on the front lawn of the complex, can I legally take select items and sell them online (ebay, facebook marketplace craigslist)

Question: Neighbors were both arrested last week for felony marijuana possession, currently still in jail. I witnessed the arrest and told management in the interest that they would start eviction proceedings against them. I told them on Monday morning and they promptly changed the locks and placed all of their things on the front lawn of the complex (townhomes all share a common lawn type area) the same day. Can I legally take certain items of value from the pile and sell them? Such as flat screen tv, computer and furniture? Thanks for your help

Answer:
 Your landlord has broken the law. You would be joining them by stealing your neighbors property.Answer #2: =====Should I take it flow chart=====

========== Is it yours? ==========

=====Yes==============No=====

====Take it=========Don’t take it==Answer #3: >Can I steal from my neighbor because they are in jail?

No, that is illegal.Answer #4: Is this a serious question? "Hey, is stealing and selling stolen property ok... legally speaking?"


Title: Can you be locked out during foreclosure?

Question:
I keep being told (by relatives) that once the foreclosure begins that I can be locked out and I need to move all mine and the kids stuff to storage, only keep out a tote of belongings each, sleeping bags, and bare basic pots and pans to cook. I think that's insane to try and live that way for the next 6ish weeks (by that time I should have a new place and be out of here)
From what I have found, we can stay until there is a new owner and they evict us- don't plan to stay here that long!! I have received notices on the porch about the house being vacant and that they'll change locks and winterize. I've done all I can to prevent that by trying to report the house as occupied.
Can they legally lock us out of the home before/during the foreclosure process? (It begins on Feb 1)

Answer:
 They can't lock you out until the process has completed, as long as you continue to occupy the property.

https://www.nolo.com/legal-encyclopedia/my-home-foreclosure-new-lock-front-door-what-should-i.htmlAnswer #2: Legally they're not supposed to lock you out until the eviction has completed. *But,* that won't magically open the doors if they decide to do so. You'd need to call the police, and if they didn't want to get involved this would become a civil issue you'd need to go to court for. Which might resolve the issue, but it would take a while.

Which is to say that while you have some legal rights, you're also in a situation where those rights would be difficult to enforce in a timely manner, and it would be good to be prepared.


Title: Recorded assault in apt nyc

Question: My (now ex)gf assaulted me in our shared apartment in nyc. I recorded it on my iPhone. Are there any laws in New York State preventing me from using it?

Answer:
 >Are there any laws in New York State preventing me from using it?

No. Call the police now and file a report for domestic violence.


Title: RO In Florida?

Question: What is the criteria for getting a RO in Florida? My mother won't stop calling/texting and stopping by uninvited even though I have asked her to stop more than once. She said she's "not going away". She has been extremely violent to me and others in the past (nothing documented) and is repeatedly referring to my son as her baby. What are my options?

Answer:
 Contact the police if you fear for your safety.

What you describe wouldn't be enough for an RO, though. Answer #2: next time she shows up, keep the door locked and call the police, get a number blocking app on your phone (mr number) and block all her calls and texts. Answer #3: You sound like a perfect fit for /r/justnomil, sounds like the people there would love to hear some of your stories. Plus side is they've experienced this as well and some have navigated the legal system as well. Good luck!


Title: Can I not get paid if the time clock system is down and a manager says they'll punch me in, but doesn't?

Question: Basically we were told if we don't clock in we won't get paid. However people have been unable to clock in because the new system goes down periodically and a manager says they'll fix it and clock in for us. We have time fix sheets but they never tell us to fill one out because they'll take care of it. We were also told people would get 0 hours on days they don't have a clock in so payroll can be approved for everyone else, they have a clock out so there's proof they were there that day. Is a managers word that they'll clock us in good enough to get paid, even if they forget?

Answer: You should start and maintain a journal where you record your start and stop times and total hours for every workday.  If the hours worked don't agree with your pay stub, talk to the manager.  If the manager doesn't solve it, you can complain to the state or federal departments of labor.


Title: Very old warrant (15 years) popped up when I tried to get records to expunge an arrest for a charge I was told was thrown out

Question: [deleted]

Answer:
 I don't know if you had a lawyer for when you were 19, or if that lawyer even still practices after all that time, but if he does (and you have)...I'd call him back up and let him know what's going on.

Personally, were I in your shoes, I would *not* show up to that hearing without a lawyer. An active arrest warrant is no joke; you'll want an attorney there to make sure they don't snatch you the moment you walk in to court, and if they do, you have your lawyer already present. I have no idea if this is common practice or not, but with an active warrant out, it's best not to take chances. *You need an attorney for that hearing*.


Title: [WA] Can my realtor inquire about my neighbors’ demographics?

Question: Sorry if I didn’t phrase the title right. I’m in the search of my second home. The house I’m living in right now sits on 20 acres so I have plenty of privacy. The second home we wanna purchase will be located inside the city, with a small-ish backyard and pretty close to the neighbors. For this reason, I was wondering if my realtor can provide me with information about my potential future neighbors such as: do they have kids (noise concerns)? Do they have dogs (barking) or other animals? Are these questions legal to ask and is the realtor able to get the answers?

Answer: No realtor will go knocking on doors with a questionnaire but they might know some of the answers. That said, if you are concerned about noise or the quality of life in that neighborhood, I suggest you drive/walk around there at different times (morning, afternoon, and especially at night).