Title: [Canada, Ontario] bought a new home. turns out there is a rental furnace that i didn't know about. rental place wont sent copy of agreement.

Question:
i bought a new house this month. the water heater was a rental. as part of the purchase agreement i took over the water heater contract. as soon as i signed the seller did only the minimum to keep the deal going. i asked for a copy of the agreement but that didn't happen. i know its pretty stupid that i didn't look at the agreement before signing but its too late now.

tonight i call up the number on the water heater to see if they will send me a copy of the contract. it turns out there is also a secondary furnace that is a rental. they are sending me a copy of the water heater rental agreement but refuse to send me a copy of the furnace rental agreement. instead they just refer me to their website, which wouldn't have our specific agreement on it. this is the very first time i heard of this furnace being a rental. it says nothing about it in the agreement i signed. the furnace itself is pretty useless and overpriced. is there any way i can get out of this contract or at the very least force them to send me a copy of the agreement before i make payments?

Answer:
 INAL - I would be inclined to call them back and tell them that you are not aware of any rental outside the water heater and if they want you to make payments on the furnace you bought with the house they need to provide proof that it was a rental from them. There was no information about a rental furnace when you bought the place so as far as you're aware, it is your property.

That should get you a response.Answer #2: There was an article on the CBC today about this.   [Here.](http://www.cbc.ca/news/canada/toronto/oeg-hvac-lien-1.3879196)   You may want to get legal advice whether or not you get a copy of the contract.


Title: Michigan - Posted other day about getting a misdemeanor ticket for no proof of insurance and the officer messing up on it. I had another question...

Question: So I called the court back to finally get an amount since they said on Tuesday to call back later due to the officer messing up on the ticket. Now all I'm being told is that they don't have an amount and it all depends on if I have insurance now or not. What does that even mean? They'd rather hang up instead of explain it to me.

Answer:
 > Now all I'm being told is that they don't have an amount and it all depends on if I have insurance now or not. What does that even mean?

It means that your punishment will differ based upon whether you have proof of insurance now, or if you don't.

There's one punishment(basically) for "Didn't have my card" and another for "Didn't have insurance at all".  If you did have insurance, but just not the card, you need to show them that.


Title: Sued by City of St. Louis for Unpaid Earnings Tax of $953... Do I need a lawyer?

Question:
I have back taxes, now there is a lawsuit filed against me by the city to collect what I should have paid already. I know I screwed up.

But now I need to fix it. Rodier Law firm sent me a letter stamped "advertisement" and I spoke with an agent over the phone about their services. They charge a $320 flat fee and a lawyer takes care of negotiating and settling the case and I have 4-6 weeks to pay the lump sum settlement. Which I can financially do in that timeframe.

Does this sound legit? I already searched my court case number in the city's database and it is there- so there is an actual lawsuit.

Is this fee worth it? Will the court charge me fees and/or court costs above the $950 that I owe? Can their lawyer negotiate my amount owed down?

But I'm absolutely horrified to go on my own- I have no idea what I'm doing.

Answer:
 Have you tried calling the city and setting up a payment plan on your own?

I'd do that first.  They'd much rather have you pay on your own (even over time) than go through the hassle of dragging you into court.

You have nothing to lose by calling them and making them an offer.  "I can give you $50 a week until it's paid off" or whatever.

When's your court date?  If the court date is more than 6 weeks away, and you can get the money together in 6 weeks, then just wait until you have the money, call them and tell them you want to pay it off in full.
If they say no, or demand terms that you really can't adhere to, then I'd call a lawyer.

You could also just go to court yourself, tell the judge you acknowledge the debt and just need time to pay it.


Title: How do I fight Social Services?

Question:
North Dakota - It's not a complicated situation. My daughter was recently diagnosed with Autism Spectrum Disorder. She also has severe anxiety, severe depression, and separation anxiety. She's been struggling since sixth grade with attending school. There are several triggers that cause her anxiety when she's there. This year, I couldn't get her to go past the first day, and now social services has taken custody of her and intends to put her in a group home four hours away, which will make reunification difficult to say the least. They, and the court, continue to ignore her disabilities, stating that there is no reason she can't go to school. Her anxiety has worsened to the point she needs to be checked for an ulcer, but since they took custody, her appointment for an ultra sound was missed. The doctor that diagnosed her told us that removing her from the home would be a horrible idea, but social services doesn't care about that, they only care that the ASD levels *shouldn't* stop her from attending school. I've seen her once since they took her, and she looks horrible. The point being, I know my daughter well enough to know that this is a horrible course of action for her. How do I stop them? How do I get her back? I need help. Social services told me that her advocate didn't count, because her advocate comes from a disability protection advocacy organization, and this isn't a disability matter. The judge is biased, agreeing with everything they say, and won't listen to anything I have to say. She's even told me to sit down and shut up, that this isn't the time or place for me to tell the court what's really going on. They've painted me as a liar and unreliable, because I can't physically force my 14 year old daughter to go to therapy or school. I was working on setting up services to get help with getting her to school in the morning, new therapy, as well as working with the school for a plan of action to help her get back into the mainstream public school, where she wants to be. I also had an appointment with her psychiatrist to adjust medication, as what she's on right now isn't working. The judicial referee told me it wasn't enough, and that she was going to side with social services because of my inability to make her go to school and previous therapy. My daughter is exhausted, shutting down, and giving up. No one listens to her. Ok, this got a lot longer than I meant it to. But please, any advice or anything would help so much! --

An addition to this post, because of some apparent confusion that is my fault: It is not the mental health professionals that are saying that she should be in school. It's not the mental health professionals that agree she needed to be removed from the home. In fact everything I've done has been under the advisement of her psychiatrist, her therapists and her psychologist. They are the ones that don't think removing her from the home is a good idea, or that forcing her to endure situations that can and do worsen her mental health condition is acceptable. It is ONLY the case worker and the referee, making her decisions based on what the case worker has said in court, that think this is a good course of action. Also, please note, that I have documents showing that social services has canceled all ongoing treatment at this time, including physical health. Not just mental health services.

Answer:
 You can talk to her attorney if you have concerns. But you need to listen to what other people say. It sounds like you disagree with every professional involved

You follow your case plan to get her back. You find a school that can deal with her. Partial hospitalization if needed/recommended. But she cannot just sit at home all day. You take her even when she doesnt want to go.


Title: [California] Can a company build on our land without permission?

Question: So a few months ago a family moved in next door and the husband said he and his partners were going to build sheds on the property. Fast forward to now they've demolished the house and are starting to build. Today I get home and see this: https://i.imgur.com/pVhRbbi.jpg. They're going to take about 100 square feet of our entire property, what can I legally do in this situation?

Answer: Hire your own surveyor.


Title: My employer has not been giving me days or times off despite my religious needs. What should I do?

Question: Hello! I work a lot within my church as I'm part of the worship team and I am one of two people helping run the youth group nights. Because of this I need Sundays and Thursday evenings off. Recently I haven't been getting either. I was hired on with their knowledge of this and about two weeks ago I gave a verbal reminder of these needs. Still nothing. I am getting ready to write a formal letter to my boss about these needs. I plan on the letter focusing on the religous portion of the Civil Rights Act. If he still refuses what should I do? Is there anything else I should include in my letter?

Answer:
 You're not being discriminated against for your religion, you're basically telling your employer that you need time off of that job to go work at another job.

> but I work a lot within my church

Just because that other job is with your church does not make this religious discrimination.Answer #2: What your asking for does not really fall under religious discrimination. It may be an issue if your religion prhibited you from working on Saturdays and they required you to do so, but your religion presumably does not require that you run youth nights, that is just a volunteer oppurtunity you would like to take on. Answer #3: It sounds like you're involved with your church in a volunteer capacity.

How many employees does your employer have? If less than 15, they are not obligated to provide you with religious accommodations. Under the Civil Rights Act, if applicable, the employer is required to provide you with an accommodation only if it does not cause undue burden to their business. Depending on the business, two nights off a week regularly might be difficult to maintain.

Generally the Civil Rights Act shields your right to actually practice the tenets of your faith, and not for you to do volunteer tasks for your church, regardless of how involved they are with your faith. I'm not sure exactly what it means to be on the worship team, however. Courts have found that voluntary but non-core tenets of the faith (like volunteering for the church above and beyond one's obligation under the faith itself) do not entitle the adherent to accommodations from an employer. So, for example, it's highly unlikely that you're entitled to time off to run youth group.


Title: [California] Debt collector spam calling me for months, wrong number.

Question: Hi, I have had this debt collector company calling for about 2 months at all hours of the day, they will not stop calling and wake me up. The thing is I told them they need to stop calling me as they have the wrong number, I've called and asked for a supervisor and they tell me each time my number is removed. Do I have any basis to file something with the courthouse for them harassing me? Or are they in their legal right to call me constantly?

Answer:
 It could be a violation of the TCPA, which carries penalties of $500-$1500 *per call*.  Are these calls to your cell phone, by chance?  A TCPA attorney will often take these on contingency or something close, since a prevailing plaintiff is entitled to recover their attorney fees as well.  Answer #2: IANAL but I used to be a debt collector. Get their contact details and put your request in writing, through a certified letter, and preferably under a lawyer's letterhead.

**Edit:** have a lawyer write the letter for you. It shouldn't cost more than $100.

https://oag.ca.gov/consumers/general/collection_agencies10

Answer #3: Assuming it's a real debt collector and not a fake, they can't call you constantly and harass you. You may have to tell them **in writing** to make them stop, though. Start [here](http://www.consumer.ftc.gov/articles/0149-debt-collection), under the section about getting a collector to stop calling you.Answer #4: I know this isn't exactly legal advice, but you could call your phone provider and see if they'll let you block the number. Some let you block X amount for free but others will charge a small fee from the get go.


Title: [NJ] Is it illegal to fund online for a public school?

Question:
My friends and I tried setting up a GoFundMe for our school to have air conditioning. However, our superintendent told us to remove it because it is illegal to fund online for a public school. Is this true? He asked why we even needed air conditioning in his air conditioned office. With temperatures reaching 90+ degrees and with students passing out due to the heat, I think we need it. He said the email was insulting and disrespectful, but we made it as polite and kind as possible.
Here are the emails:

>To Whom it May Concern,
>
We are writing this email to address a problem we feel is prevalent in our school.
As the hotter months approach, the heat is becoming almost unbearable. It is difficult to concentrate in class and students/faculty alike are often dehydrated and feel the ill effects that excessive heat can have on one’s body. Knowing it will be ninety degrees in school and trying to find a way to comply with the dress code while still remaining cool is a difficult challenge that students face everyday. We have done some research and are willing to begin fundraising for air conditioners if we are given permission to do so.
>
We have listed the rooms in school that do not have air conditioning in them (excluding offices and faculty rooms such as main office, attendance office, guidance, board of ed, etc.) and have also removed rooms that already have air conditioning in them. It is possible that there are classrooms we have missed, or rooms that are on the list that already have AC, but our general estimate of classrooms in need of AC is 41.
>
We have found two different window units from Lowe’s. One costs roughly $189 per unit and cools 250 sq. ft. With the total number of classrooms (excluding tax) it will come out to around $7,749. The cheaper option is $129 per unit, with the total number of classrooms and without tax, it will come out to around $5,289. Though cheaper, it will only cover 150 sq. ft. Both have great reviews.
>
While we know the cost of running multiple AC’s at once will be expensive, it seems like a small price to pay for comfortability in a place where students and faculty spend 8+ hours a day.
>
We hope you will consider our proposal and approve our request as we hope to begin fundraising as soon as possible. A gofundme has been set up and the goal is $7,853.
Thank you, Name

Superintendent's response
 >
Name, you probably don't know this but it is illegal to solicit funds for items like this on behalf of a public school, especially without authorization. Suggest that you take down your request for funding immediately. I have copied  to Principal's name and will be forwarding to our board attorney. Kindly notify me via email once you have taken down the link. Thank you.
Superintendent

Answer:
 IANAL So it is illegal to fundraise on behalf of the school without their permission, HOWEVER, it is not illegal to fundraise as students with the intention of purchasing the air conditioning units and donating them to the school. Don't say you represent the school, don't use any logos they own, but do state you are students, do state the condition the administration is expecting you to work under.

That being said the admin can still make your time there miserable.Answer #2: Not sure about the legality, but you certainly don't have the school district's approval to fundraise for this so it almost certainly violates Kickstarter's terms of service.


Title: Can a Green Card holder register a business in the States?

Question: I've had a green card for several years now(my stepfather is American). A good friend of my real father was wondering if I would be able to register a business in the United States.

Answer: Yes.


Title: I didn't miss any days of work yet I am being asked for a doctor's note to go to work.

Question: My boyfriend and I work at the same job in southern california. I was off of work the past three days. My boyfriend was scheduled to work two nights ago. However, I was hospitalized for a nasty reaction I had to an antibiotic I was taking and suffered liver damage. My boyfriend called out of work to be with me in the hospital. My manager texted me last night saying that before I can return to work they need a doctor's note from me. I just don't see why I need one when I did not miss any work nor what I had was contagious.

Answer:
 You need one because your boss says you doAnswer #2: Because you had a serious medical issue, probably.

They want no liability here.Answer #3: Is it an outrageous hardship to get the note?Answer #4: It's not uncommon, even with you having not missed any scheduled days. Your boss wants to make sure you're actually well enough to come back in without making yourself ill again.Answer #5: Doctor's notes are commonly requested by an employer for two different reasons:

1.  To verify the medical justification for sick days used

2.  To verify that an employee is medically cleared to return to work after an illness.  This might be for the protection of the employee,  for the protection of fellow employees (in case the illness is due to something contagious) and/or to protect the employer for any potential liability for either situation.

Apparently the employer felt the need for reason #2 above, even though you hadn't missed any work due to your illness, since they were aware of the fact that you were ill enough to be hospitalized.

>  ... nor what I had was contagious.

The employer might be prudent to verify this with a doctor rather than taking an employees word on it, particularly if they were aware that the illness related to a viral or bacterial infection which was true in your case.


Title: Company is rescinding contract over FB page.

Question:
I'm an instructor at an international school who works on contract. Recently, I was offered a promotion for the 2016-2017 school year, pending my decision. All that had to be done was physically sign the contract and renew the paperwork.

Around the same time the Interim Academic Dean (who's only been here since April) required that all current and prospective employees give her their Facebook accounts, ostensibly so that they could be added to the company's FB group and FB page.

Not wanting to give my real FB information, I gave them one that I've set up specifically for professional and work purposes, which has about 20 friends on it. The next day, I was called into the Dean's Office and told that she was cancelling my contract for joining the group under a "fake" account because it counted as "attempting to gain employment by deception," even though the Board of Directors and the Parents' Association had already approved my contract offer. Their excuse was that I apparently made a politically incorrect joke under my personal FB, and if the Board had known that, I wouldn't have been re-hired.

I suspect that this may be retaliation as I voted against hiring someone who I felt was not qualified for the job. It later turned out that this applicant was the friend of the Dean's brother in law.

Where do I stand legally on this issue?

Answer:
 I think it depends on whether or not what you said can be construed as offensive to a protected group or not.

Edit: Actually scratch that.  After looking at your profile you just seem like a racist, shitty person.  I think you deserved to get fired.  You knew that your real profile had inappropriate material and rather than simply delete the offending material you gave a fake one.  That is the definition of deception.  Also rather than just take the consequences like an adult you chose to go over your supervisor's head and play the office politics game.  That kind of behavior is just toxic, not to mention dishonest because keeping you on board with your lousy attitude cheats someone else out of a job.

Also private schools are by definition private organizations and they can fire and hire anyone any time they like.  They don't need to give a reason.Answer #2: This just sounds like a contract at offer stage. Was anything signed?

Sounds like you just fucked up.


Title: [Ohio] Lease ended 40 days ago, Landlord just now sending check with crazy deductions.

Question:
Ohio law says that as long as I provide a forwarding mail address (I did), within 30 days of the lease ending, I'm entitled to my deposit, or my deposit with an itemized list of deductions.

Today was day 40.  I reached out again, citing Ohio law, and he responded apologizing, saying he would put the check in the mail today.  He then included a spread sheet with $700 in deductions, the strangest of which was a $300 deduction for cutting the grass.  The yard is literally 12 ft x 12 ft.  For what its worth, I drove past the house yesterday and the yard very clearly has not been touched since I moved out.

Am I not entitled to my entire deposit due to passing the 30 day statute?  Technically, if I wanted to, per state law I could take him to small claims court for 2x the actual deposit plus attorney fees, correct?

&#x200B;

Thanks!

Answer:
 Under the most harsh possible reading of the statute yes.  Actually, you could recover even a bit beyond that if your security deposit was higher than one month's rent because Ohio law requires the landlord to pay you interest on any amount higher than a month's rent at 5% per annum.

I would advise you play this tough because the law is on your side.  Go through the deductions and decide what charges you think are legitimate.  Tell your landlord you consider that the other charges (enumerate them) are illegitimate and that if you don't receive the check (or checks) for your full deposit less only the legitimate charges within 7 days you will be suing in small claims court for double the difference, plus attorneys fees, without further warning, as is your right under Ohio Law (cite chapter 5321.16).

You should explain why you feel each of the charges is illegitimate.  It's better to focus on reasons why you shouldn't owe anything as opposed to reasons why you shouldn't owe as much as the landlord is charging you.  Take the lawn for instance - if the lawn was not your responsibility, or if you did mow the lawn the weekend before you moved out - that's a better thing to cite than saying that it shouldn't cost $300.  If you can only argue that a charge is too high, say how much you think is legitimate.

(FWIW it doesn't matter that the yard hasn't been mowed.  What matters is how much it would cost to have the yard mowed even if the landlord hasn't actually paid that.)


Title: (UK) Pizza company refusing to deliver as retaliation for complaints

Question:
Long story short the last three times we ordered for them (I don't know if I can mention names here but this is this is an international chain) there were problems that nessessitated us complaining. Yesterday we tried to order and they told us they had technical problems and couldn't deliver, but this turned out to be a lie because today we called and they told us that they weren't going to deliver to us at all. She goes "its clear we can't meet your expectations and so we think it's best that we end our "customer relationship"". I don't see how that is a valid excuse at all. Basically saying "we're shit and instead of trying to be better we just want you to go elsewhere"

Are they allowed to do this and what can we do?

EDIT: OK I understand that they ARE allowed to do this and it isnt against the law but why the fuck does everyone have to act like a smug cunt about it? Literally telling me how happy you are that ths happened to us. and glad i made a new account for this because i've got -42 just for asking questions. really fucking helpful guys, thank you.

Answer:
 I am a business owner in Education sector. A parent organised a class and I assigned one of our best teachers. The parent complained that "Teacher is not mature enough to handle our kid". I assigned an older teacher. The parents complained "The teacher cannot connect with our kid". I gave them a free class with my very close friend and the best teacher we have. "There is no chemistry between the teacher and student. We would like to explore our other options." I said, ok, thanks. If you need help in the future, let me know.

Next day, I got a call from the parent. You have not assigned another tutor. I said, "I thought you are exploring other options?" They replied, "Oh, we meant that your other teachers."

I told them its not like a flea market. Getting rejected by a student is sort of demoralising and I have already assigned the best teachers I had so its not going to work out. The parent got VERY angry. She started shouting that I cannot do this and I must assign another teacher. I was surprised at her stupidity. She was shown the door.

Nothing to do with you OP. Just telling my story.Answer #2: >Basically saying "we're shit and instead of trying to be better we just want you to go elsewhere"

Not exactly.  What they are basically saying is that we are a high volume business with lots of customers, we only make $2. or $3. profit from the sale of a pizza, and you are more trouble than the small amount of profit we are making off selling you a pizza is worth.


Title: (PA) I'm freaking out. I posted that an agency for a photographer wants 5K because I posted a photo on my blog

Question:
I don't have 5k! And I can't be (I checked) the only one who posted that photo on their site. Is there anything I can do? Thanks
Topic:
Computer and Internet

Answer:
 First, take down the photo.

Second - more detail is needed.  What exactly was written to you?  Was it a demand letter from an attorney?


Title: My co-worker offered me $5000 to marry his sister, who is in Ethiopia.

Question:
The reason is so she can come to America.  No real plans for her to "become my wife."  The plan would be to divorce when possible.  I think this is a really bad idea, but people I tell this to tell me I should do it, that they would do it.  Please reassure me that I'm right, and it is a bad idea.  Thanks.

Edit:  Thanks for the replies.  I wasn't really planning on it, but I wanted to hear what you guys thought.  Definitely not going to do it.

Answer:
 If by bad idea you mean "Federal Immigration Fraud" then yeah, you're spot on.Answer #2: If you think $5k now is worth five years in prison and a $250k fine, then go for it. Answer #3: Immigration fraud aside, it’s not as easy as it sounds.  She can come here but doesn’t mean it’s a free pass.

In order for her to stay here you will both need to be interviewed and asked personal questions about each other, need to have joint bank accounts, lease/home/utilities in both names, and otherwise prove you are a legit married couple.

She probably doesn’t care and would just stay here illegally anyway.

But it’s not worth it for so many reasons and $5K ain’t enough to justify criminal activity Answer #4: This is immigration fraud.  Don’t do it.


Title: Staples is the worst

Question: So I brought in a fully functional iPhone 6 with a cracked screen to Staples the other night to get the screen replaced. I left an hour later with phone that didn't function anymore . They replaced the screen and all of sudden the backlight stopped working , making the phone completely useless . They apologized , said there's nothing they could do because everything is covered under there contract , and after signing , I take the risk and all liability is off of them. Here's the kicker, the contract was never signed (neither there's or mine) . They were in rush of sorts, or just typical feeble minded employees you'd expect to be working at staplesI demanded for them to just put on the old broken screen and wanted my cash of $120 back, which they did and received my refund and my newly non functioning phone. Because I'm constantly on call for work , and what not, I headed to my nearest Sprint store where I had to pay upgrade fees , damages to phone(not being able to turn on) which is a lot extra , and left there 2 hours and close to $400 later with a new phone finally that I didn't even want. Biggest inconvenience ever, and positive in that time frame I missed a work opportunity for the night for at least a $300+ job. I have all receipts , NON signed contracts, etc .. what's should I do? Thanks in advance for any input . NEW YORK

Answer:
 They may possibly be liable for repairing or replacing your backlight. They are not liable for missed job opportunities, the price you paid for a new phone, or anything like that.

>or just typical feeble minded employees you'd expect to be working at staples

When you call Staples to ask nicely for compensation, probably best not to call them that.


Title: [FL, USA] Taken to county jail on a bench warrant without being told anything

Question:
I was pulled over and told I had a bench warrant for a missed court date and that they were going to verify that info,  and had me wait cuffed in a cop car, they then took my legally owned gun,  towed my car, and took me to county jail without ever telling me I was under arrest or reading me rights or anything.  I sat in jail for 10 hours after being strip searched before being given the chance to post my own bail and leave to get my car out of impound.  It took me a week to get my gun back.  I'm supposed to report to court tomorrow for an arraignment, do I have any recourse at all? The court date was a rescheduled traffic ticket which was sent to an invalid address  (they admitted that).
 Edit/UPDATE: I had a nice chat with the judge, explained that I had no idea about the court date being scheduled as I didn't receive the notice, and told her that they admitted my address was entered wrong. The initial court date was for driving while suspended (I didn't pay a reinstatement fee when I paid an old traffic ticket apparently) and I explained that I had since paid the fee. The judge dismissed the case because I had resolved the issue and I can go pick up the money I had posted to get myself out of jail. So it all actually worked out fine all things considered, although if anyone reading this needed more motivation to avoid ending up in jail, please understand that before this experience I sided with the police on almost all things (save for shooting civilians) but after the treatment I experience and the utter indifference with which I was treated by the officers who I know were doing a job, I find myself having an uncontrollable disdain and general dislike for the police officers in my community. It's a shame really, but I can't help it, I feel betrayed and it has tarnished my opinions of them as people.
 TL;DR - Don't take things for granted, if you have an issue that could result in your arrest, get that handled, because that is a very very unpleasant experience to have to go through and you could end up like me, and just not be able to get over being treated that way.

Answer: No.  They're only obligated to read you your Miranda rights if they plan on interrogating you.  Most of the time when there is a bench warrant out, cops have no idea why and definitely don't know the facts of the case to even be able to interrogate you.


Title: Neighbors are using the neighborhood as a car lot for their used car dealership business (CA)

Question:
I've lived near these folks for about seven years now. During that time, they have had many run-ins with the police - they were drug dealers for some time, and have been swatted multiple times, the last being around four years ago. They would throw wild parties and destroy parts of the neighborhood, including spray-painting houses and personal property, street brawls which end in assault charges, and more. They have since paid for the damage and are now convicted felons, and have completed serving their time.

But now they are back home - and their latest angle appears to be buying and selling cars. It appears they are doing this as a business, as opposed to personally buying and selling. Each car has a special paper plate with the name of the 'dealership' and a phone number. Every weekend and most weeknights we have to deal with all these people arriving in the neighborhood and touring the 'inventory'. They even sign the paperwork and work out the sales contracts in their driveway, and I have to listen to all this from inside my front room.

I could probably handle this through the HOA. However, I googled their phone number and it leads to their dealership website which lists a business address in a different county - it lists an office suite in a really poor section of the bay area. I am wondering if they are doing business in the wealthier area where I live, but using an address in a poorer area to dodge the higher sales tax here?

What are my options to get this to stop, besides talking to the HOA (who will most likely do nothing but send a letter)? Who do I talk to about them doing business in a residential area, and is it fishy that the business is conducted in a different county than their business address? Located in Contra Costa County in CA.

Answer: Contact your [zoning board](https://www.municode.com/library/ca/contra_costa_county/codes/ordinance_code?nodeId=TIT8ZO). It doesn't matter where their business is registered, either they can do what they are doing on your street, or they cannot.


Title: At age 19 I had felony drug charges dropped on the condition i would join the navy within 1 year. I never joined and am now 26 but am wondering how this will affect me later in life.

Question:
I used to be a drug addict, at age 19 I was arrested and kicked out of college for possession with intent. My lawyer worked out a deal where the state would drop all the charges if I joined the Navy within a year, telling them the charges needed to be dropped before I joined the Navy so they would let me in. The d.a. agreed and told me if I didn't join within one year I would be prosecuted and that the case would still considered open (not sure if that's the proper term) the paperwork I remember seeing said something along the lines of "enough evidence to convict, charges dropped". I never joined the Navy and continued to be a drug addict and was even arrested two more times. I never heard anything from the state and so I pretty much forgot about it. I sobered up about 4 years ago and have been since rebuilding my life. I am a mechanic/welder so I have always been able to find work and no one has ever cared about my past. But I am now going back to college and would ideally like to become an engineer but am worried I won't even be able to get into school much less a decent job with a record. However I am also worried that if I request any paperwork about the case or try to get it expunged or anything ill just be reminding the state that they forgot to arrest me.
Topic:
Criminal Law

Answer:
 Florida's docket sheets are a matter of public record. You can look up your court status here:

[http://www.flcourts.org/florida-courts/trial-courts-circuit.stml](http://www.flcourts.org/florida-courts/trial-courts-circuit.stml)

There are several courts in Florida, so you may have to look through several different ones before you find your case. If you see anything like "bench warrant issued", go see a criminal defense attorney immediately.


Title: [AUS] Can I send a coconut to the USA?

Question: I want to ship a coconut to texas, will it get stopped by US Customs?

Answer:
 I don't have a clue. But I do have an anecdote that may or may not be relevant. A friend of a friend had an American girlfriend. She left the UK and moved back to the USA and they were in a long distance relationship for over a year. He saved a seed from a tomato from their last meal together in London, and germinated the seed, and grew a tomato plant. Then he harvested a small tomato, and when he flew out to visit her he wrapped the little tomato up and carried it in his hand luggage. It was discovered at the airport when he arrived in the USA, and they were going to confiscate it. But he told the customs officers the story about growing this tomato from the seed, and they took pity on him. Although they wouldn't let the tomato into the country, they let him eat it there and then. So he ate it, and met his girlfriend, and she dumped him. Worst holiday ever.

Tldr: you might have to eat the coconut whole, then get your heart broken :(Answer #2: I think the more important question is why?  Texan grocery stores sell coconuts.

But yes, if it is found by customs, they will probably destroy it.


Title: Can I be bound to a lease at 17? Really need help with the situation I'm in. (X-post /r/personalfinance)

Question:
I'm going to start this out by saying that this is a throwaway because if this is possible I want to keep this from my roommates.

I'm 17 years old and I live in Oklahoma. I moved out of my parents house in May. I don't want to get into why I left too much, other than the fact that it was not a place I wanted to live and I had the money and resources to move out.

I moved into a place with two other girls. I actually signed the lease even though I'm not 18 because I don't think the owner paid attention to my age. Now I want to know if there's any possible way for me to break this lease and move out right now. My roommates were great friends, but when we moved in together they turned awful. They talk down to me constantly, as if being 17 instead of 18 really makes a huge difference in maturity. They've both stolen over $100 from me. They eat my food and use my hygiene products without asking. They both came up extremely short on rent and bills this month, leaving me to pick up their slack even though they both make much more than me. They also have hinted that next month will go the same way. One of the girls has a dog who has attacked me multiple times and she will not do anything about it. They both bring their boyfriends over for extended periods of time, and they're even worse than the girls. One of the boyfriends gets physical withe anytime he's angry and the other makes inappropriate sexual comments constantly.

I'm sick of being treated so poorly, being stolen from, being forced to clean up after everyone. I can't do this anymore. What are my options? If I can leave, I'm allowed to move in with my boyfriend (who still lives with his parents) until I turn 18 at the end of the month and can find a place that's just me. I really need help.

Also, is this a post that belongs in a different subreddit?

Answer:
 Have you talked to your landlord about this? I doubt that a judge would allow you to void your lease due to your age.

If the dog attacks you, call the cops.

If the boyfriend gets physical, call the cops.

Do you have a lock on your door? Can you get a lock on your door and put your food inside?


Title: [Texas] Employer doesn't want to pay hourly employees for times they requested we work.

Question:
This may be a little odd but I'm having trouble finding the specific statute online. So there are four of us in the lab that I work at. We have 12 hour shifts. When I was hired, I was told that I would be expected to show up 10-15 minutes before my official shift start so that I can be briefed by whoever was on duty before me. I then brief the next person after me on the end of my shift. The problem is that our supervisor is refusing to pay us for more than our 12 hour scheduled shifts.

In fact, he's said that we can't get paid for any overtime unless we are pre-approved or have a very good reason, like covering partially for someone else's shift. As a direct result of this, two of my coworkers have been arriving exactly at the scheduled shift start since they aren't getting paid for any more than that. This causes me to be at work 15-30 minutes extra every shift, that I'm not being paid for. Our supervisor's solution was to write on our tike sheets every time that happened, naming who it was and exactly what time they got in.

Today we have a monthly meeting and I would like to approach him about this. I'd like to start by again pushing for us to be paid for our hand over time (in the past he's simply told us no) and if he refuses again, produce the documents showing that this isn't his choice.

Can anyone help me find the website or text that I need?

Answer:
 As an hourly employee, you must be paid for the hours in which you work, regardless of whether they're approved.

However, by going into non-approved time, you are eligible for firing.  You should absolutely bring this up with your manager, and tell him that you expect to be paid for time you're working.  If you are **required** to stay late to brief, then you stay late and clock out when you leave.  If you aren't required, then you leave when your shift is up.Answer #2: This isn't legal advice, but I had a similar issue occurring at a job. The main difference was probably that I was entirely willing to quit or be fired if they wouldn't change, and I just flat-out told my manager it was illegal to not pay me for my work and I would be clocked in during the entire time I was working, and if she disagreed we could take it up with *her* manager (who I also knew). There's a great deal of pressure to not pay out overtime, but management doesn't want to do that at the expense of getting slapped with lawsuits, you know?


Title: After end of year reviews, a colleague of mine was docked points for not attending work events outside of normal office hours. Can my company do this? (MO)

Question: In summary - end of year reviews are where we get graded in certain categories. My colleague's performance review was reflected negatively for when they didn't attend work events outside of work. These reviews impact bonuses, raises, promotions... Is this normal?

Answer:
 By definition, "work events" aren't outside of work.  Or, to be more specific, if your employer tells you to be at an event, you go or face discipline.

This would change if your friend had a specific employment contract specifying his hours(unlikely) or if your friend was hourly and denied pay for that time.


Title: Family committed student loan fraud

Question:
In the spring semester of 2017, I went to a school my grandparents wanted me to go to, saying if I went there they would pay for anything I didn't get scholarships for. I did not find out until months of being there that they had taken out student loans in my name without me knowing. There was also an extra $2000 unaccounted for after the student loans that my mom said she would pay for. I just now found out today that she took out another loan instead of paying for that $2000 called parent plus. That loan is also in my name.

I plan on filing a fraud report, but want to know something about exit counseling. I left the original school and am now planning on attending a school I can afford, but first I need to complete exit counseling for my student loans before they will release my transcript. I need to know whether completing exit counseling now would bind me to the loans and interfear with filing for fraud. I really need my transcript released soon, but don't want to mess up my chances of filing my loans.

Answer:
 You filing identity theft report has nothing to do on whether the school gets paid. The loan issuer will be out of their money, and they will try to come after the fraudsters for that money, not you.

You should file a police report for identify theft and fraud ASAP. Otherwise it's going to look really bad if the cops find out that you knew about the fraudulent loans and did nothing about it.Answer #2: A parent plus loan is their loan that they took out for you. They have to pay on it. They didn't say anything to you cause it's not your loan. That's why those aren't consolidated with most regular student loans nor are they applicable to many different repayment plans. Answer #3: I’m almost positive Parent Plus loans are the responsibility of the parent or guardian not the student they are taken out for.


Title: (California) Being sued for an event at a food court that happened nine years ago

Question:
Nine years ago, a facility which contains a food court, which contains my store, was doing some roof work. During the roof work, tar ended up falling on a lady's daughter, and the lady ended up suing the facility. The only reason I bring up my store is because the lady bought some food from my store.

Nine years later (present time), the lady is suing my store for the same reason. I'm guessing that the lady didn't get what she wanted from the initial lawsuit. She gave my sister serving papers (I could transcribe what the contents are, if that helps. My sister has the papers at the moment). Should I be worried at all? Any advice on how to proceed would be much appreciated (should I hire a lawyer?).

EDIT: Just received a text from my sister telling me what the contents of the letter is. It looks like they are suing the facility as well. As quoted, "Defendants operated an eating establishment in the food court of the premises where Plaintiff was injured and prior to Plaintiff's injury were aware of the roofing operations being conducted by the other defendants. [Name of my business] failed to warn Plaintiff of the possible exposure to hot tar from the ceiling and/or roof area while in the food court and further invited Plaintiff to sit at tables directly in the area where the roofing operations were being performed."

EDIT 2: I met with my insurance person, and it turns out that the insurance company that the store had nine years ago had gone out of business, and I have a different insurance company currently. They stated that they can't do anything about it, since we weren't insured with them at the time. In case it helps, a little more backup information is that my immediate family did not own the shop at the time, and we had bought the store from my aunt in 2012. Are we screwed or should we just hire a lawyer ourselves?

Answer:
 The statute of limitations for personal injury lawsuits in California is two years.  Unless she's got a very novel theory, this is going to be barred by the statute of limitations.

I agree that step 1 is to inform your insurer.Answer #2: Specifically contact the insurance you had at the time of the incident 9 years ago.Answer #3: More likely than not, contrary to the other comments here, you're now being sued by the lady's daughter.

The statute of limitations for adults in CA is 2 years, and for minors it's 2 years past their 18th birthday. If this girl was 9-11 when this accident happens this is right in line with that happening.

Her mother's suit/settlement was only for her damages as a parent and not for the child.

As stated, report this to your insurance carrier you had when this happened.Answer #4: Out of curiosity, what kind of damage did the daughter suffer? For a roofing project to spill hot tar on someone sitting inside sounds really horrible.


Title: I'm in pain. Does Workers Compensation only pay my direct medical bills?

Question:
Food service worker in Virginia here.

I was using a knife sharpener as trained. It was a poorly designed knife sharpener with which the knife points toward and is drawn past the left wrist. The knife slipped and I had cut two tendons and the nerve that gives feeling to the thumb through ring finger.

The tendons have mostly healed, but the nerve regenerates very slowly and painfully. I am projected to regain most but not all of the sensation to my fingers.

Meanwhile, I'm in so much pain that I have trouble sleeping. Constantly. I have pain meds but it isn't enough. Is this burden just mine to struggle with, without any reparations? People are telling me that I can get more than just my medical bills paid, but I don't know how.

BONUS QUESTION: The workers comp insurance company is refusing to pay me for lost time because they "don't accept back dated work notes." I didn't understand workers comp right from the start, so while it was really obvious that I couldn't work (I had surgery! And you can't do food service work with one hand!) I didn't immediately get a doctor's note so they aren't paying. What do I do?

Answer:
 No it does not. The benefit covers wages you were not able to earn because of your work related injury or illness.  You can speak to an attorney about suing your employer for your pain and suffering if you believe there was negligence on their part.

If your pain is not being managed, you should talk about that with your doctor.

To your final question, you can contacts the VA Workers Comp Commission. Workers comp is highly regulated and there is a process in place to resolve disputes.

http://www.vwc.state.va.us/


Title: Will a public defender keep me out of jail? MINNESOTA

Question:
Im 22m in Hennepin county Minnesota, was charged with a 2nd degree felony possession of a controlled substance (MDMA) and a 3rd degree intent to distribute about a year ago. Sat i n jail for 3 days and was released without charges, Court papers came almost exactly a year after the raid occurred. I have no felony priors. I have some misdemeanors for petty pot possession when I was under 18. maybe 1 or 2 after I turned 18 i'm not sure. Oh its also worth mentioning I suppose I had 1 gross misdemeanor , a social host ordinance charge, for being the host of a party with underage drinking when i was 19. This was expunged.

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Basically I'm in a hard place as for what to do. 4 months after the raid I had a surprise baby, literally an I didnt know i was pregnant situation. And ever since then I've been on the straight and narrow. Dont even smoke weed anymore and havent so much as gotten a traffic ticket in this time. I work, full time, and my family relies on my income. Criminal defense attorneys have quoted me 3-5k in my area for representation. One i had met with said basically I wouldnt go to jail and after I completed probation successfully It could be dropped to a gross misdemeanor. However I absolutely do not have the money to part with to secure his representation.

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Will a public defender deliver a similar result.. or much less at least keep me out of jail? Im afraid of having the book thrown at me...

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Answer:
 They will certainly try their best, just like any other lawyer.

The question, however, is irrelevant. If you can afford another option, you don't qualify for the PD.


Title: Child support arrears and ex's debt to me. Do they cancel?

Question:
I'm in California, my ex is in Nevada.

My ex owes me a remaining $20k from an Interspousal Transfer of Funds we initiated during the divorce (which we completed in California). I have legal documents, signed, notarized, and everything. It was a transfer in exchange for interest in a piece of property.

I pay child support. I was out of work and was unable to pay for a few months. I owe less than $5k from that time. I got a job and have been paying since then and keeping completely current otherwise.

Can I have the amount subtracted from the debt? My ex says no.
Topic:
Custody Divorce and Family

Answer: The child support is a court order. The 20k she owes you is an allegation which hasn't been decided in any court.  Even if you got a judgement, it doesn't change the court order for child support.


Title: [AL] What if the kid next door falls from a tree branch, into my yard?

Question:
So I'm sitting here watching the neighbor's kid climbing up high in a tree that's in his yard, but which has branches that cross the fence into my yard. He's climbing higher than I'm comfortable with, and I'm worried about his safety but also what my liability is if he falls into my yard and breaks his neck.

His parents are not home and TBH I don't know the family that well in the first place. I told him to get down and he claims his Dad said it was OK. Should I worry or just trust that the same angels that watched over me and my brothers at that age are still doing their jobs?

Answer: If it falls and hurts itself badly you should probably call Like an ambulance or something.


Title: Tattoo studio boss has taken tattoo designs

Question:
So me and my partner live in London Uk. She works for a tattoo studio and has done for a few years now. She handed in her notice yesterday as she has found a better opportunity elsewhere (among many other issues as to why she wanted to leave).
Notice period was for 1 month, however when she came in today her boss fired her on the spot. This was not entirely unexpected as he is a hothead.
My partner packed up her stuff but obviously as she was in a rush (because he was leaning over her and being somewhat aggressive) she left some designs and her portfolio in the studio.
Here comes the problem, and where I am asking for your advice/help. Bossman has taken the portfolio and all the designs and has instructed the staff to re book the appointments she had upcoming in with themselves. The work was drawn up for the customers and we both feel that they are her property.
What would be the best course of action or do we write this off as a loss/learning experience. Many of her customers have voiced that they would like to follow her to the new studio as they have come for the artist and personal artwork.

Sorry for any formatting issues.

Answer:
 So I'm not a lawyer or UK but I am a tattooist in the US. Fight this stuff,  of course, and she should do her best to get the designs/customer info but know that it may not happen.

From a business perspective she needs her own planner, email, and social media going forward. Have her make a "My Name Tattoos and Art" business page and social media pageswith her tattoo work on it, along with personalized business cards with her email, social media info, etc. This means going forward that all her customers will be hers. It's not uncommon after an artist is out of a shop for the former employer to say the artist moved out of town, stonewall about them no longer working there or, in one of my friends places, his ex-employer legit told his customers he had died.

She needs to protect her work and self interest. Her customers contact info should be put into the planner that has their appointment info and that should go in her bag to and from work. If she has her own email to contact customers, all designs and such will be backed up there and she cannot be locked out of it. If she would like to talk to another artist about the best ways to safeguard her career, tell her to hit me up.


Title: Parents complained to a company about worker possibly stealing items and hours, worker was fired, worker now has hired an attorney threatening to sue for libel and slander -New York

Question:
My dad is disabled mentally and physically from a stroke, leaving my mom as the caregiver.  They qualified for a free government paid home health aid service, coordinated by a local county government caseworker.  The aid provided about 3 months of service during the winter, however my parents weren't entirely satisfied with the level of care, so they refused further service.

After my parents refused further service from the aid company, my mother resumed taking care of things for my dad.  This is when she noticed certain clothing items for my dad was missing.  She called the aid company to log a complaint as the aid was the primary suspect for the missing items.

Over the next few months, as weather became warmer, my mother began to take spring and summer clothing out of storage and noticed more missing items.  For this, she spoke with the government caseworker to voice her concern.  No action was taken.

Then last month, my mother noticed 2 of her antique family heirloom vases were missing, albeit they were small and also in storage, so she never noticed beforehand.  She then called the government caseworker, who visited my parents.  My mother then gave the caseworker a note written by the aid, the note included the aid's personal employee code, codes for types of services provided, and a telephone number to log hours, and a specific time of when to call so the aid could leave early but still be paid for a full duration of services.  However my parents never agreed to this and on previous occasions, had the aid just stay at their home for the full session and enjoy breakfast cooked by my parents.

The government caseworker then advised my parents to call the police.  The police visited and filed a field report, however there was no evidence linking the missing items to possible theft by the aid.  Nonetheless, the caseworker then called the aid company to notify them that police visited, to tell the aid's supervisor of the possible events, and then the caseworker provided the details of the note written by the aid, which included the aid's personal employee number and the phone number to log hours, etc.

Then last week, my parents received a letter from an attorney representing the now ex-aid, stating that she was terminated due to my parents complaints of theft against her.  The attorney letter demanded that my parents retract all accusatory statements of theft and cease and desist from making future accusatory statements of theft, or else he would have no choice but to begin litigation for libel and slander.

My parents being quite distraught with the letter, called the government caseworker again.  The government caseworker then called the aid company, who provided the caseworker with incident reports concerning the fired aid.  My parents nor I saw the incident reports, but the caseworker stated that the incident reports entailed complaints from other customers, not just from my parents.  The government caseworker then advised my parents that their county attorneys and supervisors will look into the situation that that this situation "should not affect them" at all.  The caseworker also advised my parents not to seek legal counsel and then took a copy of the attorney letter.

So, my questions are, should my parents seek legal counsel?  Or should they trust the county government to take care of this and to defend them?  Is the threat of litigation for libel and slander even substantial since the aid was likely fired for other family complaints in addition to attempt to falsify work hours?

**Addendum**

Apparently the ex-aid reported to the aid company that she received the missing items as gifts from my parents and that she did not steal them.

Answer:
 There's no reason to hire legal counsel now, but they should be on the lookout for lawsuit papers and hire one if papers appear. Honestly, there's not much of a case here and it sounds like they're bluffing.

Also, it seems like your parents never accused anyone of anything. They only reported that things were missing.


Title: [CT] Accidentally stole a banana while getting lunch

Question:
[Here are the relevant statutes for larceny in CT](https://www.cga.ct.gov/current/PUB/chap_952.htm#sec_53a-125b)

[Here's a table on fines and penalties explaining what a Class C misdemeanor means in CT. Warning: PDF](http://www.jud.ct.gov/lawlib/Documents/2014_Table_Fines_and_Penalties.pdf)

I went out to get lunch today. Went to a sandwich place that also sells fruit.

They have a fruit rack near the cash register. In most places like that, you select your fruit from the rack then go pick up your sandwich at another counter.

I ordered a sandwich and told the clerk I also wanted a banana. I thought it was clear I wanted the banana I was holding. Took it with me to the sandwich counter and started eating the banana while waiting for the sandwich.

Got sandwich bag and went back to work. **BAM!!** There's another banana in there. I guess the sandwich guy put an additional banana in there.

This is a large chain sandwich place. Should I return the banana? After what I've seen here, I'd inclined not to surrender it without an attorney present.

Answer:
 Um, I'm not sure if this is serious or a troll post, but in the case of the former, just keep the banana.  No business or government official is going to prosecute over a 25 cent piece of fruit.Answer #2: The punishment for this crime is way out of scale.

(see what I did there?)


Title: My last name

Question: Have a question.,.i live in Missouri and I went threw a divorce. If my papers don’t say I can change my name back to what it was before, am I allowed to do so?

Answer: Yes, you're allowed.  If the divorce decree didn't include an order changing your name, however, you'll have to go through a separate name change process to get it done.  Most courts have the forms and instructions on their websites.


Title: Can I sign a nda?

Question:
Throwaway for privacy reasons. I live in Northern Ga in the us. I am 14. I saw a ad for a game that I will not be naming asking for closed alpha testers. I signed up because I was interested. I was picked to continue on to round 2 of selection. That’s when I found out I would be forced to sign a NDA before playing the game. As a minor can I sign a NDA? I looked online and I couldn’t get a conclusive answer. Do I have a legal obligation to tell my parents about this?

Edit: I would have no intention of telling anybody about the game or that I was even trying it out. I just wanted to see if I would get in any legal trouble for signing it.
Topic:
Contracts

Answer: You are legally allowed to sign it, but it might not be enforceable, which is the company's problem, mostly. Do they know that you are 14?


Title: (MN, USA) Adult Protection Services left me a voicemail to call them back. What should I expect?

Question:
TL;DR: My uncle is hoarding inside my grandma's house and using her retirement money to buy junk online to sell at a higher price. I called APS because he's creating a dangerous living environment for her.

They've called me back twice when I was unavailable and left me voicemails to call them. This is after I filled out an application of Elder Abuse and the first time I called them they said they'd send an agent out to inspect the house and file the report.

What should I expect when I call them back? I'd like to remain anonymous through this but I'm not sure if I'm still able to as I've already given them my name. Will I have to testify against my uncle if this goes to court?

Answer:
 Then dont talk to them. Your report is protected. Your call to them is not.

Why would you care if you had to testify? He is endangering your grandmother


Title: (WI) Quitting job, but have an employment contract requiring me to pay back relocation expenses. Also lays out my salary, which they changes to hourly a few months later. Is this contract void?

Question:
About a month after I started working for my current employer, they had me sign an employment contract.

The contract laid out my salary details (yearly pay in bi-weekly payments).  A few months in, my employer announced they would be moving everyone to hourly pay.  No written amendment to the contract, they just started paying me hourly.

It also has a part that requires me to pay back relocation expenses if I voluntarily leave the company within **48 months.**.  The relocation money was paid to me as a taxed "bonus" on my check, split into 3 monthly payments.

Is this contract something I need to worry about?  It seems like they violated it, or that it's unenforceable.  Then again, I have no idea.

Thanks!
Topic:
Contracts

Answer:
 An opinion on the overall validity and enforceability of a document that is allegedly a contract is really something you need to discuss with an attorney who can review the entire thing.

A 48 month repayment period for relocation assistance is very long. Most are 12 months or at most 24. Whether this is enforceable would depend on whether there is any precedent in Michigan for this sort of thing. If you refuse to pay it back and they sue you, it would be worth discussing with your attorney as a possible defense.


Title: [USA/CA] What legal issues should I be aware of when getting married to someone?

Question:
I fully trust this person. There is no doubt in my mind that this is the person I will be with for the rest of my life. So, the focus of this post isn't really about asset protection in case of a divorce.

This is more about OTHER legal aspects of marriage I should know about. Things that people do not really consider when getting married.

What legal aspects should I take care of to ensure a better marriage? (if that makes any sense)

Answer:
 /u/TangosWithNapalm left out one very important thing: You aren't allowed to get married if you're already married to someone else.

Just FYI.  You did ask.


Title: European law student - How to cite American law?

Question:
Dear /rlegaladviceofftopic,

I am currently writing my thesis on transmission of data to third countries. While writing my thesis I have come across a few American laws which I am incorporating. However, I have absolutely no clue how to correctly cite them. The structure of your lawbook is completely different from the structure of laws in my country. Because of this I am also unable to cite the American laws in my own country's notation. On internet I found how to cite the US Code but I couldn't find an example for the law I am using. So I would really appreciate it if someone could explain the following to me.

If I want to cite an article from the Children's online privacy protection rule, would I do it like this:

* 312 eCFR §312.1?

I am referring to part 312, article 312.1 of the aforementioned act.

Furthermore, how could I specificy a certain definition from 312.2? In my country's structure it would something like e.g. 312.2 sub 3 if I wanted to mention the definition 'Passive tracking of a child online.'

Thanks in advance!

Answer:
 The other commenter is wrong. The section symbol stands for “section” so it always precedes a section number. For regulations it’s

16 C.F.R. § 321.1 (2018).

(or whatever the particular title and section numbers and year are)

If you want to cite to multiple sections you can double the section symbol like this:

16 C.F.R. §§ 321–24 (2018).

Or

16 C.F.R. §§ 321.1, 322.8 (2018).

Bluebook is complicated, and there are lots of websites that can help now that you know what it’s called. Good luck! Answer #2:  [The Indigo Book: A Manual of Legal Citation](https://law.resource.org/pub/us/code/blue/IndigoBook.html#R11) for a free electronic version of the Bluebook, which is the generally-accepted handbook for American legal citations.

I don't know if it's kept completely up to date, but basic citation methods don't change too much over time.


Title: Arrested for trespassing

Question:
State: Illinois

Hi everyone,

My situation starts in November of 2015. I had a work related injury and could not afford rent because of the time off needed to recover from my injury. I paid November late and was on the hook for December. I then tried to apply for rent assistance during December to pay for January and December while I was recovering. I wasn't able to secure the assistance and the landlord asked me to move out by the 15th of January. I said I would but then stayed until the 31st. The landlord wanted me to send him an email promising this, which I did. At this point, I moved my belongings from my room and into the basement, which was a commons area of the house which is used for storage/laundry. At this point, I left behind the key to my room and main door but kept the basement key. The landlord is an absentee landlord and did not know I began living in the basement. Over the months the tenants of the house (each person rents a room in the house) were aware of me living there, all 5 tenants. Eventually the person that moved into my room on the second floor informed the landlord. At this point, the landlord had the lock to the basement changed. I was let in by one of the other tenants and I would leave the door unlocked when I left, with their knowledge. To cover for the person who let me in, however, I said I had lock picked the door. Anyway, the landlord visited and inspected the house a couple days later and I was there, I knew he'd be there (one of the other tenants informed me) and I stayed to make sure he didn't throw my stuff out. From my understanding, which could be wrong, it's not allowed for him to change the locks. When he saw me, he threatened to call the police. I told him he had to go through eviction proceedings before removing me. The lease expired on April 31st, 2016. From my understanding I was still a holdover tenant, not paying rent, and living in a common space. All of these things, to my understanding, were civil and not criminal in nature (ie. In violation of the contract, but not illegal)  However, a week goes by and I'm awoken to two officers. I present them the lease and my ID, and one of them goes back to speak to the landlord. He then comes back with a document which I never signed or saw, one I know for a fact is a forged document. The only thing I was told about it by the officer was it was a promise that I would leave the premises by January 31st. However, I only sent an email to the landlord saying that I would. Other than that, I have no clue what the document said. I presume he used a legitimate signature segment from a previous contract I made with him and copied and pasted it onto a body which he created. The officer cited this specifically before he arrested me. I'm being charged with misdemeanor criminal trespass and I'm due in court on July 5th.

EDITED: The main question I have is this: Am I legally still a tenant and thus entitled to protection against self help eviction?

And how do I go about in court proving the document used to arrest me was forgery?

Answer:
 > The main question I have is this: is this a criminal matter or a civil matter?

I think you answered your own question...

> before he arrested me. I'm being charged with misdemeanor criminal trespass

You need a lawyer.


Title: Unsure if Terminated

Question: I’ve been with Walgreens since 2015.  Last Thursday I got terminated because I had been processing false returns and loading the $$ on my personal cards. Someone from loss prevention came in, talked, and it ended with my manager processing my final check and telling me to take care of myself. I’ve logged into the employee portal form home and the status by name name says “Non Active Employee”. Does this mean that I can transfer to an out of state Walgreens and come up with something like I haven’t been working for a month for personal reasons?? serious replies only.

Answer:
 You've been terminated, and I guarantee that Walgreens will not hire you back even at a different store.  HR records are kept on a corporate level.Answer #2: You are indeed terminated for theft. You will most likely have poor luck applying at a different location.  Try being a decent human being and not resorting to stealing and lying. Best of luck.Answer #3: You’ve been terminated. And perhaps are lucky the police are not involved. You might consider not tempting fate.

It’s possible you were misprocessed in the system. It’s more likely the system shows the right information to management. Or that your employer record is inactive while they complete some processing.


Title: A friend is paranoid after receiving a "happy ending" at a massage parlor

Question:
My friend went to a massage parlor with the intention of only receiving a full body massage. But when my friend was told to flip over on the table, the masseuse gave him an unwelcome "happy ending" and he went with it due to being in a heat of the moment. Afterwards, he paid for the massage and tipped normally with a debit card.

But now my friend is very paranoid. He is afraid that he might get arrested after the fact. He's scared that he might of been ID'd by a cop or they might of used his debit card information to later file a case against him. Nothing has happened but he fears that one day, the authorities will contact him regarding this matter. What should he do or rather what should he think?

Answer:
 Let's be clear.

This is you.  It's not a friend.  You saying "it's for my friend" grants you no extra legal protection.  At all.  So stop the charade and just be honest with us if you want good advice.

Good?  Good.

There is a possibility that he could be so charged, up to the statute of limitations which is going to be at least a year form the time of the offense.

But it's unlikely.

If you're contacted by the police, make no statements and ask for a lawyer.


Title: My biological father didn't pay a dime of child support for my brother or I.

Question:
First off I want to say that this is my first post here so sorry if it's not in the right format.

I recently found out through my step dad (who has been there for me my whole life) that my biological father didn't pay a cent of child support to my mother.  I should let you know that he was to pay child support is because he went to prison for trying to hurt my mother, brother and I.  That all took place at a young age (2 or so) and I'm 20 now.  I forgot to mention that this all took place in Colorado but after he went to prison we moved to South Dakota with my now step-dad.  What sort of action can I take for him to pay, if I can at all.

Answer:
 None. The support is ordered to your mom not youAnswer #2: Well, first off: to be clear, the money that he owes is owed to your mother.  Child support is intended to contribute to the costs of caring for the child. Since she didn't receive child support, your mother shouldered all those costs on her own (without help from your father), and any money is owed to her.

This is important because it means that in general there is not a lot *you* can do other than encourage your mother to seek the money.  That may or may not be something she wants to do.


Title: I want to withhold visitation to protect my son. Am I allowed? TX Family Law/Child Custody

Question: [deleted]

Answer:
 File an emergency motion, and you should be able to get it changed quickly.Answer #2: > Can I legally withhold my son in this situation while I figure out how to go about changing the order?

You follow the order until it's changed.

There are ways to file emergency motions.  You should get an attorney immediately and look into filing one.


Title: Could an infant file bankruptcy?

Question: This is a hypothetical question. I recently saw several articles about infants being billed thousands of dollars after their own birth. Sometimes these can be cleared up, but in one particular case a woman still covered on her parents plan gave birth. The parents plan covered children but did not under any circumstances cover grandchildren, so they actually had to pay the bill. So my question is, could someone file bankruptcy for their infant? Technically there is no minimum age requirement. It would be absurd, but so is a newborn being $8,000 in debt.

Answer: Why would they need to? By the time the child became an adult, the SoL for both the debt itself and reporting the debt's non-payment would have long since expired.


Title: Is it considered on the clock?

Question: My mom works with a company that cares for mentally handicapped people, basically an adult daycare. She drives to the city that the main location is at, and then hops in a company van that takes her and a few other employees (along with the people they are assigned to watch for the day) 45 mins away to one of their other locations. She said at first, they were getting paid for this 45 minute trip to the second location and for the 45 minute trip back from the second to the first location at the end of her shift. Apparently this 1 hour and 30 min commute everyday (in the company vehicle) caused the employees to work over 40 hours a week, which meant the employer had to start paying OT.  Recently the management told the employees that now instead of clocking in when they get to the first location, they must clock in and out at the second location so they no longer get paid for the 45 min commute there and back (1 hour 30mins total). It sounds like she should be getting paid as soon as she gets to the first building because she is getting into a company vehicle and going to one of their other locations, she is also taking the clients with her to and from the second location. Is it legal for management to suddenly change the rules and not pay them?

Answer:
 NAL. I dont know what state you are in but I would guess this is not legal, and your mom is owed the travel time.

Assuming she has nothing to do with sheparding her clients into the vehicle in the first place, it sounds like at a minimum, the clients are in her care starting from the moment they enter the vehicle together. Unless your mom is allowed to commute to the second location directly, and meet everyone there (making it a true personal commute for work), IMO the situation as described warrants the clock starting at location number one.

I would check with the state department of labor. Sometimes even their web FAQs can be helpful to start, but there should also be a number to call to get a basic understanding of her rights. From there, she can decide to talk to her employer first, or file a claim. Though she'll probably want to do the latter.

Also, documentation of the hours from both when they were paying for the travel time (timecards and paystubs), and when they stopped (especially if they explained the reasoning in writing) might be helpful to collect.


Title: [US] [Minor under 18] Termination from work, is it legal?

Question: Boss refused to give me a day off for my drivers license test a few weeks back and I called in sick the day of. Then he threatened to fire me from the job if it turned out I wasn't "sick." However same boss gave 2 other workers the day off on the same day and still not me. It's not my only job however this doesn't sound legal...help

Answer: Perfectly legal.


Title: Who are "The People of the State of New York" and how do I issue them a summons?

Question:
I have several non moving violations and I have written motions to dismiss, applicable under New York State Code.  The only piece of information I am missing is how to issue the summons to the people of the state of New York.  Do I mail it in somewhere, can it be issued in person etc.

If you don't mind explaining also, who are "the people of the state of New York" or any other state?

Thanks so much! :)

edit 1:
I never actually asked what I needed too.  Who do I issue the summons to?

Answer:
 "The People of the State of New York" is the party in a lawsuit against you that the district attorney "represents".

In criminal cases that caption is usually "The People of the State of New York v. Name of Person".

But there's no specific group of individuals that this phrase refers to.


Title: [NJ]Made sure Doctor is in-network but the anesthetist is charging us for out-network.

Question:
I hope I'm in the correct sub. Sorry if I'm not.

So my dad did a regular procedure that's supposed to be covered by the insurance. We called to check beforehand to make sure the doctor/hospital is in network. Turns out the anesthetist (either chosen by the Doctor or the Hospital) is out-network. And she is charging us for >$1000. My insurance company is paying the anesthetist "in-network" price but the Anesthetist is now trying to charge us the rest of the balance after receiving the "in-network payment" from insurance. Obviously we believe we are innocent because we wouldn't be able to choose the anesthetist and we made our effort to make sure the doctor/hospital we chose is in-network.

What should we do? We tried calling all the parties but it didn't quite help. I don't quite know who is at fault. Should the hospital gave my dad an in-network physician? Should the insurance gives the out-network price? Should the anesthetist just accept the in-network price?

Answer:
 First, find out if any of the anesthesiologist at that hospital are in network. In some states, the insurance company is required to pay the full freight for out of network care if the equivalent Care is not available in network.Answer #2: This is a fairly common practice when it comes to surgery. Unfortunately, you're out of luck here. You're going to have to pay the out of network price over what your insurance covered.

>Should the hospital gave my dad an in-network physician?

They're not required too.

>Should the insurance gives the out-network price?

They're not require too.

>Should the anesthetist just accept the in-network price?

Also, not required too.


Title: Rear-ended a car last night, 100% sure it's not my fault but have no proof

Question:
I was making my way back home on a two and a half hour drive at 11 last night on the I-15 north. Traffic to my right was at a standstill, bumper to bumper while my Lane was open and clear for several thousand feet. Up ahead the car started to backup and so I began to decelerate by shifting into 2nd gear.

All of a sudden and with no warning, a white van turned into my lane from the standstill lane. I was going around 50 miles an hour and he pulled out probably less than 25 ft in front of me. I slammed on my brakes as hard as I could and tried to turn but the car did not have enough time to stop and I ended up rear-ending him. I was the one who called the cops even though my car at least cosmetically didn't seem to have a lot of damage.

Because we were on the interstate, I was unable to get any corroborating accounts from any Witnesses. When the cops showed up, he took our statements and ended up citing me for not driving with "due care". He actually seemed really apologetic and even said he was sorry but he said his hands were tied because there was no way he could go back to the scene and collect evidence and so he could only go off of what he could see which was that I rear-ended him. I'm a completely broke college student with a two year old daughter and my wife just lost her job so I got a little emotional, not angry, and as I was getting in my car, I stopped to talk to the other driver who was very cordial the whole time as was I. I just briefly and a little emotionally asked him to give an honest statement to his insurance company when he talked to them as I didn't really have any options and he said he would. He disputed my claim this morning. The cop also said that he " might have to give the other guy a ticket for an unsafe lane change" but I'm not sure if he was just saying that to make me feel better.

Do I have any options here? I am so distraught because I have no money and KNOW this isn't my fault but have no way of proving it.

Answer: Not sure where this happened, but where I am from this would be your fault.


Title: Can I take legal action against Sallie Mae?

Question:
[ID, US]Long story short I made the horrible mistake of going to ITT-Tech. I graduated in 2009 and had a hard time finding a job. I spent a couple of years unemployed.

Being unemployed I could not pay my student loans. I talked to Sallie Mae and they denied me IBR ( Income Based Repayment ). So my student loans defaulted and where sold off to collection agencies.

I found out that last year Sallie Mae was sued by the government for making it difficult to get IBR plans and other reasons too. [News about it](http://money.cnn.com/2017/01/18/pf/college/navient-sallie-mae-sued-cfpb/index.html).

So, would it be possible for me to take any kind of legal action? I would be extremely happy to just get my loans back to the state they where before they defaulted. They were $40k when I graduated and now they are about $75k. I have over $10k in fees alone because of it.

I don't have any kind of written proof. And I don't think they would have the phone recordings anymore.

Do I have any kind of chance?

Thanks in advance for the advice.

Answer:
 Sallie Mae wasn't sued by the government though. Navient was. Navient spun off of Sallie Mae. Sallie Mae wasn't targeted in the suit.

Regardless, because of these kinds of predatory practices, you can try approaching a creditor/debtor's attorney to see if you have any options re: the whole ITT Tech debacle. I know there's something going on with places like ITT Tech that offer really shitty educations as far as the government cracking down, but without Googling more, that's about all I can tell you.


Title: Vote for bosses political party get day off.

Question: So trying to understand what if any laws were broken here. My boss(owner) is very into politics and will go on rants in meetings.  Yesterday he said if you vote for his political party then you can have the day off. Is that legal?  I understand I can say I did even if I didn't and get the day off but wanted to know if he can do that.

Answer:
 No, that's a violation of federal law.

He could give the office the day off on the 6th. But he can't offer it in exchange for a specific vote or even voting at all.

[Source](https://www.law.cornell.edu/uscode/text/18/597).Answer #2: That’s probably offering/accepting a thing of value in exchange for a vote which is going to be an issue.Answer #3: >Yesterday he said if you vote for his political party then you can have the day off

How is your boss going to know what party you voted for?

~~This sounds more like a "you get a day off if you vote" deal which does not break any laws.~~

My opinion was wrong - my thanks to /u/phneri for the correction. I have struck out the incorrect advice.

The link /u/phneri provided is here:

https://www.law.cornell.edu/uscode/text/18/597

And it says:

>**Whoever makes or offers to make an expenditure to any person**, either **to vote** or withhold his vote, or to vote for or against any candidate; and

>Whoever solicits, accepts, or receives any such expenditure in consideration of his vote or the withholding of his vote—

>**Shall be fined under this title or imprisoned not more than one year, or both; and if the violation was willful, shall be fined under this title or imprisoned not more than two years, or both**.


Title: My father was robbed at work and the company fired him.

Question: My father has been working at a company for 14 years now as a general manager. Hes always been an ideal employee, has never gotten into any kind of trouble at work. About a year ago, he came down with staph and had been in and out of the hospital for about 6 months. He lost some of his toes and wasnt able to go back to work till early July. This past weekend, someone came through the back door after they were closed and held a gun in his face and told my father to empty the safe. My father complied and the man left with about 1000$. His bosses gave him the next few days off to talk to employees (the store isn't in the nicest area and they thought it might be an inside job because none of the employess working called the cops after they left him in there with the robber) and when he came back to work, they told him he was fired because it was a violent crime, because of the amount of money taken, and because the back door wasnt locked. The door he came through is one that you can't open from the outside even if its unlocked and my father never unlocked that door to begin with. They never had him sign anything and told him he could get unemployment.My mother thinks they might have a case but my dad seems hesitant.I know that in certain circumstances companys require you to keep less money  in the registers in case of robbery but this was the safe. Just looking for some advice on what to do next.

Answer:
 Nothing illegal in that firing. He should file for unemployment. Answer #2: Location? This is perfectly legal in 49 out of 50 states in the U.S.

Either way, he should file for unemployment.


Title: Just wanted to say thanks to everyone here for all the help. Honestly, just knowing I have a place to ask these questions is a huge comfort.

Question:
Topic:
Wills Trusts and Estates

Answer: No problem, Fifi.  This is my favorite sub to ~~keep my legal mind sharp~~ get through particularly boring classes.


Title: [New Jersey] What Happens With an Eviction for NonPaid Rent?

Question: Obviously I lose the apartment, but what else exactly happens with the eviction process other than that?

Answer: It goes on your credit report and you have a very tough time renting again. You can also be sued for the unpaid rent.


Title: [CO] Current employer is holding me “hostage,” won’t let another company hire me.

Question:
My current employer (Colorado) is trying to prevent me from working for another company (who was previously one of my clients) on the grounds of this membership agreement that my future employer signed.

I have worked for a virtual office space for the past two years in the state of Colorado. When I was originally hired with the company, I did have to sign a non-compete agreement. It was a general non-compete agreement that specifically just covered intellectual property of the company and prevented me from pursuing future employment with industry competitors. The company was acquired in the last three months, and I had to sign a new employment agreement which did not have any non-compete agreement included.

One of my favorite clients is terminating their services with the virtual office because their company is growing and they are moving into their own full-time office space. I contacted them directly and asked them to consider me for their team. I was offered a job and am set to start in about one week from now. I figured that I would not be violating my contract for the following reasons.

“Member acknowledges and agrees that Member will be working closely with employees of \[company name removed\] who have been trained by, and at the time and expense of, \[company name removed\]. During the term of this agreement, and for a period of one year after the termination of this agreement, with or without cause, Member agrees that Member will not solicit employment of, offer employment to, or hire, whether as an employee or independent contractor or otherwise, any person who was an employee of \[company name removed\] at any time during this agreement. If Member breaches the restrictions contained in this paragraph, Member acknowledges and agrees that damages would be difficult to ascertain with a reasonable degree of certainty and further agrees to pay to \[company name removed\] as liquidated damages, and not as a penalty, a sum equal to 6 months wages of that employee at the annualized rate of the last two full months wages paid that employee by \[company name removed\]. The provisions of this paragraph will survive the Term of this Agreement and payment is due upon written demand.”

So, the current company is seeking $16K from my new employer based on these terms. My current boss has informed me that he has already contacted the new employer with the written demand. After learning this, I contacted my new employer and told him that I was not aware of the contents of his membership agreement and said that I would still like to be considered for the position, but I would also understand if he would no longer be able to hire me. This is the TL;DR version of my new employer’s response.

· “The terms of that agreement and the assertion that \[COO of current company\] is making are not valid since it was you that reached out to us. No company can limit your ability to choose the employment you want. Labor law precludes those kind of ‘hold hostage’ activities by any company.”

· Then he went on to still offer me the position and then even offered to onboard me the next day if my current employment situation was starting to become too uncomfortable.

Despite the assurance of my new employer, I am still nervous. It feels good to know that this guy is already willing to go to bat for me, but he is not an attorney and I don’t know him well enough to trust his word yet.

1. Is my new employer correct? Are the terms of the agreement “invalid?”

2. If I do go work for this company, will I have to worry about my current employer coming after me next?

3. Should I start looking for another job just to cover my ass? I’m worried that I might not have a job in a week now.

I am a young professional. This is my first job and the first time I have ever had to navigate these types of contractual agreements. My current employer has explicitly explained to me that while they really like me personally, they are trying to make an example out of me so that other employees don’t try to pull the same stunt. It is frustrating to be treated this way, especially because I am definitely the “lowest rung” of their stupid company ladder. My commission was eliminated a few months ago in the acquisition without any notice and I’m now making significantly less money and just need to get the hell out of here. Thank you for any advice that you can give!

Answer:
 That is a lot text.  It SOUNDS like your new employer has an agreement with your soon to be prev employer.  Is that correct? Further -do you have any non compete ?

Assuming the mentioned agreement is between companies and you do not have a non compete...

1. Unknown.
2. When you say come after... They cannot successfully sue you personally.  They may be able to sue your new employer and as part of the settlement, your new job ends.
3. Yes.  No harm in looking.

If you signed a non compete....that changes thingsAnswer #2: Your current employer and your prospective future employer appear to have what is generally known as a "no-poach" agreement wherein companies agree not to recruit or hire each other's employees.

Such agreements are generally illegal under the current interpretation of the Sherman Anti-Trust Act as they are tantamount to wage fixing.

https://www.justice.gov/atr/division-operations/division-update-spring-2018/antitrust-division-continues-investigate-and-prosecute-no-poach-and-wage-fixing-agreements

>No-poach agreements are naked if they are not reasonably necessary to any separate, legitimate business collaboration between the employers. Naked no-poach and wage-fixing agreements are per se unlawful because they eliminate competition in the same irredeemable way as agreements to fix product prices or allocate customers.

The anti-trust division of the US Department of Justice has been very interested in pursuing such cases and you can also file suit against your current employer if their actions cause you to lose your job.

It's probably worth your while to consult with an employment lawyer and you may also wish to report this to the DOJ.


Title: American getting threatening phone call from Canadian Lawyer.

Question:
So to be short and to the point, I am getting married in 2 Months to a wonderful man who is Canadian. His paperwork just got approved and he will be in the states within the next 30 days. Everything is perfect!

Now he is divorced and his ex wife has been bothering us lately. Someone is harassing her online. For some reason she thinks it’s me. The only reason I think she thinks it’s me is because once a year ago I emailed her husband and asked him to please talk to his wife about leaving us alone. (She kept trying to get money from my fiancé, and get back together with him even though she was married) That was the one and only time I have ever contacted her family. And it was just that one message. I just wanted her out of our life.

Well someone is posting ALL her dirty laundry online. It’s pretty bad honestly. I got a call today from a very pushy Canadian Lawyer, who was very rude and unprofessional. He tried to get my address so he could send me a cease and desist letter. I told him, I do not give out my personal info over the phone, and that if he gave me his info I would be more than happy to contact my own layer first, and have my lawyer get in contact with him. He refused to give me any of his info, and ended up hanging up on me after trying to bully me into giving my address some more.

I reverse looked up his phone # thinking perhaps he wasn't a lawyer, but in fact he is. I found the practice he works for. So there it is reddit. I am American, she is sort of Canadian, I think she has a Visa. Should I just ignore this since I really didn’t do anything wrong? Or should I lawyer up as well? We are spending a bunch of money on our wedding 2 months from now and this is an expense I just don’t need right now.  Also is it worth it to call this practice and inform them how rude and pushy their Lawyer was, or is that just a waste of time?

Also a police officer called my fiancé the other day, telling him a complaint was filed against him for “harassment”.  My Fiancé called the cop back today after I got the rude phone call. The police officer let him know that as far as they are concerned they dropped it. There is not enough evidence to point to us, and on top of that we have done nothing to show that we have even contacted her in the past year.

Any advice is appreciated.

Answer:
 I had trouble with an attorney once.  A call to the bar cleared that right up.Answer #2: If he calls again, don't answer the phone. If he really wanted your address in order to send legal paperwork, he could find it.

Should he continue in harassing you it might be worth hiring a lawyer just to have that person on notice and to receive any paperwork. Once he knows you have an attorney he won't be able to contact you anymore.