Title: (MN)losing job due to being too negative, seems unfair as I have disclosed that Im depressed

Question:
Called into a meeting with my boss and h.r. to discuss the results of a job fit/personality test I took a few weeks previous. Im told the results show that Iam not a good fit for the company climate based on the test and that Im to negative. They told me they will help me find a new job in the next 30-45 days if I agree to some of their terms, or that they will just fire me.

I have previously discussed with management my current struggles with depression and anxiety. They have asked me to seek therapy, and Id like to but my high deductible insurance and lack of funds to cover that expense I cant afford to.

They are right, im not happy there. But I have been in the past. My mistake is vocally criticizing management. They expanded a department that was not currently busy enough to keep the one guy busy, and on top of that bought the second guy a brand new truck instead of the 4 year old one he was currently using. When I saw that I went a told management it didn't make sense. I was pretty upset but I kept it professional. A half hour later the guy comes and asks me to pull his old truck into the garage. I said no, and told him he was lazy. I was sent home for the rest of the day shortly after that.

Moving on isnt the issue, I just wasn't ready. And this seems a little malicious, even though it would be impossible to prove. But to fire a person that is depressed for being negative seems pretty questionable. Is it legal?

Answer:
 There's likely no legal issue here. You're being fired for your critical comments. That's legal and your depression isn't an excuse, especially when you don't have documentation to support it nor are you seeking treatment for it.Answer #2: In this context, "negative" sounds more like "surly" to be honest. Answer #3: >vocally criticizing management

> I said no, and told him he was lazy

These have nothing to do with depression. It kind of sounds like you have a problem with authority and were let go because of it.


Title: Car Accident(17 Year Old)

Question: Just got into a car accident about 30 minutes ago. Was doing a left turn at a green light, there was a car going straight. Before I turned I waited about 3 seconds for the car to go, but it didn't. It was the only car so I assumed it was letting me go, so I started turning. I'm in the middle of the intersection and he just guns it. Our cars collide at the front. I'm pretty sure he wasn't looking at the road, as his head was down as I looked up at him while turning. A lot of left turns are at fault in accidents, so I'm assuming I'm at fault here. Any idea on what will happen/what the insurance company will say? (BTW; His car got messed up; air bags deployed and his front bumper was barely hanging in, and his car barely started. Cop later told me his car was totaled before. My car was perfectly fine and runs just the same as it did beforehand. Not sure if this info is helpful or not, just wanted to include it just in case.)

Answer:
 This is why I always preach to get a dashcam. If the driver stopped to let you go, then guns it when you do, he is at fault, but without a dashcam, you can't prove it. Odds are you will be found to be at fault.Answer #2: > It was the only car so I assumed it was letting me go

Never, ever assume this.  If, as you stated, he had his head down, he couldn't have been letting you go.  Even then, it's better to observe the rules of the road rather than letting someone "be polite" and letting you go through.


Title: Facebook message as allegation of assault

Question: I was assaulted by someone a month ago. I decided to report it to the police a few days ago. I know police cannot press charges if there is no proof other than my word and no witnesses. however, after the assault I had a big fight with the person who assaulted me over Facebook message detailing what they did to me during the assault. He didn't deny the allegations I made over the Facebook messages. If he didn't deny the allegations at the time can this be used as proof that the assault occured. They haven't questioned him yet but if he denies the incident i just wonder if these messages will be enough for charges to be pressed against him.

Answer:
 > I know police cannot press charges if there is no proof other than my word and no witnesses.

That's not accurate.  They **can** do so.  They likely won't.

> If he didn't deny the allegations at the time can this be used as proof that the assault occured.

A lack of denial is not the same as an acceptance of responsibility.  It's unlikely that this exchange would be of any evidentiary value.


Title: Guy robbed my phone. Met up with him to sell my phone. He snatched my phone and managed to get away. He dropped his phone. I have his current address and messages having to do with him being a drug dealer. What should i do

Question: [deleted]

Answer:
 Report the phone theft to the police

EDIT: From your post history, you may want to deal with your warrant first.


Title: (NY,USA) You're being interviewed by a documentary crew. You go to the toilet and, talking to yourself alone, confess to murder, not knowing they're still recording your mic. Is this admissable in court?

Question:
You're being interviewed on camera about a murder you claim you did not commit. During filming, you excuse yourself and go to use the toilet. While in the bathroom, you talk to yourself, not knowing that the microphone is still recording. While talking to yourself, you say something that confirms you as the murderer.

Can the documentary crew provide this to the police as evidence?

Would it be admissable in court, or would you have some kind of reasonable expectation of privacy in the bathroom, would you be being unfairly/unlawfully recorded?

Is there even any concept of inadmissable/illicitly-obtained evidence if the person obtaining the evidence isn't a law enforcement officer?

Answer:
 You have no expectation of privacy  while wearing a microphone.Answer #2: The crew can always provide what they have to the police.  There is zero issue there.  The admissibility is a different question:

The existing arguments **for** using the recording:

1.  No expectation of privacy when wearing a microphone.
2.  HBO's crew were not 'goverment actors'  and thus could not violate his Fourth Amendment rights.

Arguments against:

1.  Expectation of privacy attaches in a private place like a bathroom.
2.  Durst did not knowingly consent to the recording of his bathroom break.
3.  The recording is unclear as to what he meant, as is thus more prejudicial than probative.
4.  The filmmakers had previously spoken with law enforcement, thus making them agents of law enforcement.

Of the arguments against, I think 3 is the strongest.  I don't think the prosecution would have any issue getting the recording in; I think the larger question is whether it's worth t.


Title: Divorce: Can my wife change deposits to accounts I cannot access?

Question:
I am on disability and receive cash benefits from SS. I also receive benefits for our minor child. When I was approved for benefits a few years ago, it was recommended that I name my wife as payee for our child's portion of the benefits. Both benefit amounts (mine and our child's) were deposited on the same day to the same account for years. Now as we have filed for divorce she contacted SS and had our child's benefits changed to another account with her name only.
I want our child to be supported, that is not the issue. Even when we seperated I gave my wife a large portion of that amount every month voluntarily. Now I have my son 10-12 nights a month at my place. I feel my wife taking all of the money is excessive. I need that money to support my son and create a home for him too.
When I filed for divorce a standard restraining order was issued against tampering with any funds and accounts etc etc. does this include what she had done? How is a restraining order enforced? What will that do to her long term?
Yes, I have an attorney and could ask them these question. As I mentioned before I am on a fixed income and cannot afford $350 an hour to ask this question, have them research it, suppeona documentation just to be told "No". Any info or advice would be greatly appreciated.
Edit: location OH, USA

Answer: I understand why you want to save the money, but it sounds like you two need to get to court to decide on at least a temporary custody and support arrangement. Yes, both parents should have funds to set up homes to raise your child, but the amount of money will depend on how much parenting time you agree on.


Title: US (PA) friend needs someone to sign affidavid to get his wife a visa. I want to help, but, need to know what I'm getting into.

Question:
As the title states, I have a friend, not a close friend, but someone who I would like to help. He was talking to me about the struggles getting his wife to America. His English isn't perfect and him explaining the process didn't quite process with me. I got out of our conversation that he needs some sort of affidavid signed by someone in order for him to be able to bring his wife. Can anyone elaborate this process and tell me what I'd be getting into. If this is something I think I can help him with Id most likely speak with a lawyer prior, to protect myself.

He and his wife are from Nicaragua. He has citizenship, they married in Nicaragua. I'm not sure if this changes anything but they have 2 children whom I believe have dual citizenship.

Thanks for any responses, I can get more Information if needed.

Answer:
 He is asking for a co-sponsor.  This is usually required because he doesn't meet the income requirements to support his wife and kids visas.  What he is asking you to do is to be financially responsible should they require federal/state benefits (welfare etc) to survive.

The way this works is if they wind up with not enough money to survive they can either sue you for support or the government will come after you for any money they give them.  This will be very much like child support.  Even if its not federal support they could take you to court and you will lose and wind up paying them.

I would advise that instead you help him find a job that pays enough to support them on his own.

He can also save up the cash assets to offset any amount he is short on income.  You can research it but I believe its something like 5x the amount he is short in cash/assets.  So if he needs 30K income but only makes 24K then he needs 30K cash to offset the 6K short.  He can use any autos except the first one he owns, home equity, etc.


Title: My landlord blocked of 8 full days days to show my apartment because I requested 24 hour notice.

Question: My landlord text me tonight stating he'd be showing my apartment tomorrow at 8am. I said this was not a convenient time and breached the 24 hour notice he is required to give. He responded with a text specifying the next 8 upcoming weekdays from 8am-6pm that he will be using to show the apartment. I feel that this is retaliation and violating my right to use my apartment. I'm in Massachusetts if that helps.

Answer:
 Refuse entry tomorrow on the basis that there wasn't 24 hours notice. Call the police if he tries to get in anyway. If he has the potential residents with him they will probably see that he is a shitty landlord. I would also recommend taking him to court for not following the agreement/law saying he is required to give 24 hrs.Answer #2: Massachusetts is incredibly (overly) tenant friendly. There are resources through the state and various organizations to help tenants for free. I think the state government website and the Mass Law Library both have tenants' rights handbooks which might help you out here. They also have links to other sources, iirc. The AG also has a hotline that handles landlord tenant diapers amongst other things: (617) 727-8400. If you're in Boston, try 617-635-4500.

The Mass Bar Association has Dial A Lawyer for basic questions: (617) 338-0610 or (877) 686-0711 on the first Wednesday of the month between 5:30 and 7:30 p.m. I believe that's the next one that's coming up - the different organizations space them out.

Hopefully all of that gets you in the right direction and to an attorney if you end up needing one. Good luck!

Not your lawyer, not giving legal advice, etc., just giving some ideas of where to find answersAnswer #3: This would not constitute reasonable notice.  Reasonable notice would be scheduling specific showings 24 hours in advance with a specific time slot, such as between 2-4 PM.  Saying sometime on Tuesday does not constitute reasonable notice.  You have grounds to do any of the following.  Break your lease early, deny entry and call the police, sue for breach of contract in small claims and possibly recover some rent.


Title: What are the legal implications of a minor molesting an adult?

Question:
My friend (22m), who I trust impeccably, woke up to one of his sister's friends (15f) giving him a blowjob in his bed. He freaked out, and made her leave immediately, but hasn't told anyone but me.

He's now afraid that, since he freaked out on her (yelled at her, pushed her off his bed), he could face accusations of wrongdoing on his part, even though he had no intention or desire for this to happen.

What steps should he take to protect himself against being falsely accused of wrongdoing? If he were to retain an attorney, how should he go about describing the situation?

Answer:
 1. Retain a lawyer.
2. GOTO 1


Title: If a landlord is trying to evict you because of a mental health condition you warned him of prior to moving in, what can be done?serious replies only

Question: [deleted]

Answer: Well, given that you won't say why your landlord is trying to evict you (it's not because of nuisance individuals) and misophonia is a diagnosis not included in the DSM-V or ICD-10.... I'm guessing you did something. What did you do?Answer #2: If you can't sleep at the house, why do you want to stay there?


Title: Nova Scotia, Canada - friend's 18 yo daughter (a minor in NS) was assaulted(maybe?) by a grown man twice her size

Question:
There is some animosity between my friend and the man (won't get into details), and one day myself and my friend's daughter saw him with his wife on the street. They saw the daughter and allegedly said something rude toward her (they did say something but I didn't hear what). She was instigated and approached them, and attempted to knock a thermos of coffee out of the wife's hand. The wife responded by moving the coffee out of her reach and taking steps back. The man had already began lurching toward the daughter at that point. He grabbed fistfuls of her sweater and pushed her by her neck and chest into a group of people a metre away, and she fell onto the pavement. There were no serious injuries. I imagine she probably has a bruise somewhere but nothing I can confirm.

&#x200B;

For context the daughter is around 90 lbs, visibly skinny for her age. The man is bordering on 300 lbs. His wife is trying to say that he can't get in trouble because he did not know she was a female, a minor, or much lighter than him, and also because the daughter acted first. To me this is obvious willful ignorance but I've skimmed the Criminal Code and can't find much about assaults on minors, nor the "i didn't know!" plea. I did find a lot of stuff about defense of property that seemed relevant (considering the attempt at the coffee was thwarted by the wife before he put hands on the daughter, so from what I understand his actions cannot be deemed as "reasonable force" to protect his wife's property).

&#x200B;

Not necessarily looking for specific advice, but rather a point in the right direction regarding who was in the right, and what laws were violated. Cheers.

Answer: At least from how you describe it, sounds like The Daughter assaulted The Man's wife, and The Man retaliated in defense of his wife. Who's most in the right or wrong is going to come down to a lot of nitpicky details. The Daughter and The Man should probably both be happy if no one reports this absurd kerfuffle to the police, because it's possible for everyone involved to get charged.


Title: [Maryland] A Bounty Hunter's Rights to Your Home

Question:
Last night, three bounty hunters arrived at my house banging on my door and demanding entry. I quickly discovered they were pursuing a former tenant. I explained to the bounty hunters that the tenant no longer lived here. It didn't matter. They told me they were kicking down our door regardless of what I say.
We called the cops, and the incident ended with the bounty hunters leaving without entering our home.
Were their actions legal? What can I do if they show up again? Can I legally defend myself if they enter my home?
Thanks in advance, Reddit! The whole experience was terrifying.

I've already checked out Taylor vs Traintor (1872), and what I read was not encouraging.

Answer:
 "Get off my property. I'm calling the police."

"Bounty hunters" operating without specific authorization from law enforcement have no more right to enter your property, or to remain on it without your permission, than I do. If they had kicked down your door, they may be arrested and charged with breaking and entering or with destruction of property, and you could also have sued them for the cost of repairing your door and door frame.

Their actions were legal, in as much as it's not illegal to say you insist on entering even if you have no leg to stand on, but had they pressed the matter, or if they come back to harass you, or had they threatened you personally, they would have been breaking the law. Had they entered by force, you would have the same options for legally defending yourself or avoiding the situation as you would against any other violent trespasser.

I'll never argue that you should violently defend yourself if you can avoid it. Getting away and calling the police is a better choice whenever it's practical t do so.Answer #2: Hey OP.

[In the state of Nevada, where I live, bail enforcement agents (bounty hunters) are as regulated, trained and licensed as police officers.](http://fugitiverecovery.com/bail-bond-laws/directory/nevada/)

Among other things, Nevada bounty hunters --cannot-- simply kick down anyone's door without a warrant. Upon finding a fugitive, they need to notify the cops before they enter your residence, and usually the cops get a copy of the bench warrant and accompany the bounty hunter. Also, only licensed Nevada bounty hunters can work here.
Answer #3: > Can I legally defend myself if they enter my home?

Yes. Answer #4: http://www.newson6.com/story/18391006/bounty-hunters-arrested-after


Title: Leaving startup and they are asking for a check in damages? [CA]

Question:
[CA] I accepted an offer at a startup and sent my resignation at the large company I was working at. My last day at the large company was in 4 weeks. The startup knew this yet set my start date in two weeks. They shipped me a laptop and added me to their codebase so I could start ramping up.
The large company offered me a better package 3 weeks in so I elect to stay and send my resignation to the startup. They are now asking me to pay for the laptop and health insurance they paid for the next month which hasn't started. They claim that they can't repurpose the laptop and that it was specifically ordered to my spec (it is a vanilla Macbook) so I need to send them a check for it...
I sent them an email saying that I will be sending the laptop back - no response. I sent it a couple of days ago and the tracking info says that the 1st attempt was not successful.
My question is, is there anything else I need to do? I'd like to forget about them and move on.

Answer:
 You signed absolutely no employment contract, correct?

At will employment means you can quit a job at any time, and your employer can terminate your job at any time for any reason that is not illegally discriminatory. You don't owe them for the laptop or insurance. I'd send them the tracking info for the laptop that was shipped back, and keep an eye on it while delivery is being attempted.


Title: [FL] With the new overtime wage laws, what is stopping an employer from simply "adjusting" your salary so they wind up paying the same amount despite you working overtime (~45 hours)

Question:
I currently make $800 per week, putting me under the new threshold coming up in December I believe? So that means I would be entitled to overtime since I work 45 hours per week. What is stopping my employer from lowering my "hourly wage" to ~$16.85 to make the adjusted 47.5 hours equal what I currently am being paid, $800 per week? Since I don't actually have an agreed upon hourly wage, what would happen if I happened to work 50 or 55 hours one week? Is this lowering of wage considered a constructive dismissal?
Topic:
Employment Law

Answer: Nothing is to stop them.  That's what a lot of employers will do.  And it's not a lowering of your wage--you'd be making the same amount annually for the same hours you did before.


Title: Ticket for "Cutting Corner"

Question:
This morning, I turned left into a parking lot to stop for a cup of coffee. As I was turning, I looked at the time and realized I would be late if I stopped. I continued through the parking lot of the shopping center to the other side. I then exited the parking lot, waited at the red light, and turned left onto the main road.

I even saw the police officer, but didn't think anything of it, because I did not think I was doing anything wrong. I had the intention of getting coffee, changed my mind, then proceeded to the nearest stop light.

I explained this to the police officer, and he said that people cut through the parking lot all the time. I replied maybe so, but my intention was to stop for coffee. What bothers me the most out of this is that the place I was "supposed" to turn doesn't have a stoplight, and is a very dangerous place to turn left from.

I fully intend to fight this, based purely on principle. I have never been pulled over before, never gotten a ticket, no run ins with the police of any kind. I know that cutting through a parking lot to AVOID a red light can be cutting corners. But what about going through a parking lot with the intention of stopping there, then continuing on to GET to a red light? What can I do?

Relevant picture: http://imgur.com/a/pBLyo

EDIT: This is in Mississippi. I've tried finding anything for both the city (Oxford, MS) and the state, but can't find any guidance as to whether what I did was a citeable offense.

Answer:
 Cop here. This is a very common traffic ordinance.

If you used the parking lot to avoid a traffic control device (red light, stop sign, any traffic control) then you are in violation.

If you were using the parking lot to go to the coffee shop and changed your mind you are not in violation.

If you have receipts or credit card statements showing you use the coffee shop everyday or something like that it would really help your case.


Title: [SD] My daughter lives with my exs parents and I want to know what and how to have her live with me.

Question:
To start off, his parents do not have custody. He and I have joint custody but no set "she lives here at this time, there at that time" agreement. I was informed yesterday that my ex and his fiance have moved into a trailer that truely does not sound like they should be living there, while my daughter is still staying at her grandparents apartment. My ex's mother told me how there is no floor in some of the rooms while the front room has a hole large enough for a school aged child child to fall though, covered by a piece of wood. My ex's fiance already has a 3 year old, they have a son who just turned one, and are pregnant again and due in 3-4 months. I know while I can't tell them " guys don't have those kids in there till it's finished, for everyone's safety" I should be able to say " I want my daughter to live with me, my husband, and son"

They will have three toddlers/ infants under one roof and it's not fair to my daughter to have to contend with that. I need suggestions on how to proceed without hurting those around her. I want her to have a good relationship with her dad's family but I am scared if I do anything they will fight, and I won't get to see her at all. I am also worried about not having enough room for her, and I just renewed my lease with my landlord for my 2 bedroom apartment, is there's laws I need to watch out for?

Answer: Unless you're an unfit parent, even if you fight, they won't get sole custody. Especially if the dad's living situation is as you described. But you may have to, and really should, go to court and get it official.


Title: Question about an Eviction

Question:
First time posting or commenting in this sub. I'm not sure if this is the right place for my situation.

I currently live with a roommate in the state of Ohio. We each pay half months rent separately each month. My girlfriend recently got into an accident and I've been staying with her for a few weeks. During this time, I hardly talked to my roommate.

Anyways, I go in to the leasing office to pay rent on Feb 1 and the manager asks me to come into her office. She tells me that we cannot pay the full amount separately anymore. She also tells me that my check is not anywhere close to what is owed. She then proceeds to tell me that we had been evicted earlier that day as we had not paid rent for January. It turns out that he had lied to the manager and told her that I knew about the eviction while I had no idea (I have texts from him where he admits that he never told me).

The manager said that we had 7 days to pay and I paid the balance due in full the next day. I'm not so worried about the money that he owes me as I am the eviction. Will there now be an eviction on my credit record even though I paid within the 7 days?If so, what legal action can I take?

Edit: sorry if this isn't making sense. I didn't go to court because my roommate never told me about it and I wasn't there to check the mail. Thanks!

Answer:
 >She then proceeds to tell me that we had been evicted earlier that day as we had not paid rent for January.

I think you have some legal terms misunderstood and misused.  If you were evicted, you would have been served a notice to appear in court.


Title: Dad Arrested for Reckless Operation of a Firearm

Question:
I live in NH and I've been informed that my dad was arrested today. I'm currently in work so my information is limited, but here's what I have:

My father recently bought a parts kit for an AK47, built it, cut off a piece so that it would only function as a semi-automatic rather than automatic, sold it, and today was test firing it in the woods after making a repair to fix a problem with jamming. My dad has a felony from when he was 18 for driving with a suspended license. My younger brother was with my dad and is on probation. Out of fear of being arrested he begged my dad to hide the gun when they became aware the cops were coming. This resulted in 20 officers and dogs being called in, and eventually they found the gun loaded in the snow or something along those lines. They arrested my dad, called in ATF, and towed my dad's car. Now they're refusing to release him.

So basically what is my dad looking at and what should we do? I'd be happy to answer any questions and I'll add more info when I have it. Thanks in advance.

**UPDATE:**
He got the kit off of a guy on armslist, I'm pretty sure the parts were all from the same gun aside from the receiver. It was a really nice kit and the gun came out awesome, but he made 100% sure that it was completely incapable of firing as an automatic because he didn't have any interest in getting in trouble for something like that.

While messing around with the gun after building it, but without any ammo ever going through the gun, he was basically just making sure everything worked smoothly and realized that it wasn't locking up when he put it in full auto and held the trigger. He basically just made sure that that stopped happening.

I guess they told him there won't be any federal charges or gun charges, though I don't know if that will end up being the case. They charged him with felony trespassing (he didn't cause any property damage which is what defines felony trespassing by my understanding; apparently the owner of the property who gave him permission passed away a few months ago without his knowledge so he's trying to get in contact with someone who knew he had been given permission and was associated with the guy), reckless conduct, and drug possession (they found 3 roaches in his ashtray which probably added up to about half a gram, and took not only the roaches but also his ashtray as evidence).

Answer:
 your dad needs an attorney.

based on the whole of what you've posted and what your dad is charged with, he could be in some serious trouble. sounds like there aren't any federal charges yet, but there could be - weapons dealing, purchasing weapons through a straw purchase, felon in possession of a firearm, who knows what else.

the stuff he is charged with now is not quite as serious, but the charges from the police are not the ones to worry about. it's what the DA decides to charge him with once they get the police reports and run his record.


Title: "I'll see you in court! Even if you are only the manager!"

Question:
Location: Richmond, Kentucky.  This is on behalf of a friend and former coworker.  He currently manages a large hotel that is owned by a much larger hotel chain.  The hotel chain has hotels all over the country.

This hotel has a strict "No Smoking" policy.  The city itself has an indoor smoking ban in all businesses, and the hotel has provided an outdoor smoking location for its customers.

Several months ago, a law student who lived several hours away (but still in the state of Kentucky) stayed in the hotel. Upon signing in, she signed sign-in paperwork stating, quite clearly, that she would not smoke in her room--and that if she did smoke in her room, her credit card would be charged $200.

When she signed out a couple days later, the room reeked of smoke.  Three staff members and the manager went in to observe the room, take pictures (smoke damage, cigarette butts, etc.), and attest that the room smelled specifically of cigarette smoke.  Cleaning staff also attest that the room did not smell of smoke or have any evidence of smoking (cigarette butts, ashes, smoke damage) before the lady stayed.

Determining that the customer did smoke in her room, the hotel charged her credit card on file for $200.  The customer contested it with her credit card company, and the card company found in favor of the hotel.

Today, my friend got served with papers stating that he, specifically, needs to appear next month in small claims court, in the city where she resides in.  She lives hours away (it would be 6 hours of driving total from the hotel, and he lives in the same city as the hotel).  The paperwork was a summons to appear, but he has not been given a copy of the actual complaint.

So, my question is this:

1: Is he the person who she should have sued?  He is the primary manager of that particular hotel building.

2: Should he file for a change in venue?  If so, can he do this remotely (because if he has to appear to a venue-change motion, he'll still have to drive the 6 hours and would rather not).

3: Based on the information provided, does his case seem legally sound? Can the plaintiff be forced to abide by the paperwork she signed saying she would pay $200?

4: How does he get a copy of the actual complaint? In the state of Kentucky you normally have about 20 days to respond, and apparently if you don't a default judgment can be filed against you. He is willing to fight this, and keeps impeccable records.

5: Shouldn't the law student know better?  Filing frivolous lawsuits and getting caught lying to the court isn't the best of ideas, especially when you want to get a bar card at some point down the line.  Are there any sanctions that can be put on her now or in the future for this action?

TL:DR - Overzealous law student caught smoking in room after signing paper saying she won't. Gets charged $200 like that paper says. Sues the manager in her home county, 3 hours from where he lives.

Answer:
 He should contact his corporate legal department.  They should deal with it (which might involve hiring an outside attorney to represent your friend.)   What's likely to happen is that an actual attorney will contact this law student and tell her that this is not really something that she wants to put on her bar application.  Alternatively, they may get in touch with the dean of student affairs at her law school, who should tell the student the same thing.

In any case, this wasn't a particularly SMART law student....

(1) It sounds like he was sued personally, instead of the hotel being sued.  That by itself should be grounds to have the suit dismissed.

(2)  It seems like he was improperly served -- typically, service of process requires both the subpoena and complaint to be served.  If the clerk forwarded the summons, the complaint should have been included.

(3)  She filed in the wrong county -- in Kentucky, small claims filings happen where the defendant is.  (See K.R.S. 24A.260(2))Answer #2: >5: Shouldn't the law student know better? Filing frivolous lawsuits and getting caught lying to the court isn't the best of ideas, especially when you want to get a bar card at some point down the line. Are there any sanctions that can be put on her now or in the future for this action?

If in fact she's a law student then yes, after all of this I would notify her school and later notify the Bar in her state.


Title: 4 year old says Dad hits his cheeks and legs when he gets angry. What can I do?

Question:
I have 50-50 shared custody of my incredibly well spoken and logical nearly 5 year old and have since he was 2.  Dad has been consistently very emotionally and verbally abusive to me with some minor physical abuse in the past - pushing and the like. For the past year or so our son has been sad about leaving my house when his Dad picks him up and so excited when I pick him up. He says dad yells loud at him. I thought that was the worst of it but last night he tells me that his dad is hitting him on the legs and cheeks when he gets angry. I have seen him in this state and he completely loses control of himself. Has no interest in getting on medication or counseling. I just can't wrap my head around how someone could slap those sweet little cheeks.. but there are no marks and all we have is the word of a little boy. He says he wants more time at moms "ten with mom and 2 with dad" according to him.

Do I have a case here?  I know courts hate changing custody when its already set in place. Do I confront his dad or get a lawyer or talk with the case worker? Not sure where to turn.

In michigan. Have recording of my son saying his dad hits him and he's scared of him and wants to be here and text log of dads verbal abuse to me.

Answer:
 It's going to take more than "hitting" legs and cheeks to change custody. A parent is allowed to use corporal punishment; without marks from the "hitting", the father is within his parental authority. Sorry.Answer #2: Text logs may be useful. The recording may or may not be useful.

So a tap on the cheek will be viewed differently than a full arm powered smack. Also, 4 year olds are poor historians. Their perception is often a bit skewed. I'm not discounting your kid's account. Just telling you where the court will likely be coming from.

If you think the current schedule isn't good for the child, you can ask to modify it. This is not always easy and you should have an attorney for this. When you file, you can talk to your attorney about what kind of motion should be filed immediately to keep your child safe. Calling CPS isn't always the right answer and you should talk to your attorney first. You should not wait of you think the dad is dangerous or abusive. You should call attorneys today.


Title: My car was towed (poached) and during the towing it was somehow unlocked and stolen. (Garland/TX)

Question:
The morning it happened I first called the local tow company my apartment uses, having recently updating their tow signs with the companies information. They claimed to have not been out on this side of town since mid November and did not have my vehicle, mentioned it was illegal for other tow companies to tow outside their city limits. Anyways after getting off the phone with her I called the police to report my car lost/stolen and told an officer would contact me. A few moments later he did, took down details and my information, gave me a report number and told me they would call with any updates. Also during this conversation he told me the company that did come and tow mine made a police report, something they must do when towing a vehicle I realized. So I called that number, the towing receptionist told me no car like that had come in.
A day goes by, I get a call in the morning from my case officer and he says there was a bit of confusion the day prior. What he now said is during the tow, somewhere between my apartment and the towing companys lot my car had been broken into/unlocked and stolen by a black male. Seems sorta sketchy to me but okay.

So thats where I am currently. I am about to go to my local PD and pick up a copy of that police report to confirm it was taken by that specific Tow Company.

I need help, never been in a situation like this.
Topic:
Traffic and Parking

Answer: Get a copy of that new report and one of your first report while you're there if you don't have one, and call your insurance once you do. If you want to be thorough, document whatever signs are posted regarding parking and towing.


Title: I recently rented a car from a large rental car company. When they left a message on my voicemail they didn't hang up the phone and proceeded to insult me in the background.

Question: I have the recording saved. What should I do?

Answer:
 Complain to the company management and ask them to comp you for the car rental costs.  Of course they don't have to do that.Answer #2: Complain to corporate. Maybe they'll give you a discount or something.

You can't do anything legally. You don't have any damages.Answer #3: Hurt feelings report?

http://airportroadanimalclinic.com/files/2014/08/Hurt-Feelings-Report.pdfAnswer #4: Oh you poor thing.


Title: I go to a school in Louisiana. Last night a frat kid came up to me and got maybe 6 inches away from my face talking to me in a threatening manner (aggressively mocking me). He had 6 friends with him. Would I have been within my rights to use a pepper spray fogger?

Question:
I didn't do anything to provoke them.  It was completely random.  I was walking one direction and they were walking the other direction, then when they were maybe five feet past me one of them turned around and walked right in front of me, so I took my headphones off and he started making fun of me while glaring less than a foot away.

All of his friends were standing maybe three or four feet behind him.

I stood my ground and said something along the lines of "why are you messing with me?  I literally did not do anything to you.  yeah real tough ganging up on me" in a calm voice while they all snickered at me and two of them made pretend to lunge at me.

I was really shocked and didn't know what to do.    If one of them attacked me and my head hit the ground I could've died.

I ordered some mace off of Amazon with two day shipping after I got back to my dorm room.  If I see this group again, they do the same thing, and I have the mace on me, can I use it?

These kids seem borderline sociopathic.

Answer: Using pepper spray against 7 people is a perfect way to get your ass beat.


Title: [NJ] Inmate's Property Damaged Between Arrest and Bail. What Do I Do?

Question:
My mother was wearing a valuable pearl necklace when she was arrested. She did specifically tell the arresting officer that he should be careful with the pearls. At some point, she was transferred to another prison, and I bailed her out of the second prison. I could not bail her out earlier because there was confusion about the bail and the prison and local court each had a different bail amount in their records.

We immediately opened the bag to check for the necklace right there in the prison waiting room/entry room/whatever it is called and discovered that the necklace was damaged. A string was detached, the pearls have endured trauma through careless handling, and there are 27 pearls missing. The officer present said he could not write anything about its state but gave me a paper with phone numbers, told me which one to call, and wrote down an extension to enter for a secretary who would be able to direct me to the person who handled these things.

The second prison has told me her necklace was logged as damaged on arrival and directed me to call the first prison or look into the arresting officer. At the first prison, they have not yet given me any information. I did try multiple times to retrieve my mother's property from the first prison, but they somehow never processed my mother's release form all the way. Even the man on the phone in the property pick-up room of the first prison seemed confused about why he did not have the release form the last time I was there when I told him that my mother had already handed in the form the previous week.

I have been trying to gather information since. What I would like to know or get advice on is:

* What else can I do to find out how/when the necklace was damaged besides calling the prisons?

* Is there some sort of deadline for paperwork to report the damage officially? We verbally told the officer at the desk immediately and I have been calling the prisons every day since Monday to find out more, but no one has mentioned any deadline for paperwork. I would assume there is one, though. I have tried to look online for the proper procedure, but I think I am not using the right search terms.

* Who should I be directing this matter to? I have been calling the second prison and explaining the matter and letting them transfer me each time, but I keep getting transferred to people away from their phone who do not call me back. This has only been twice so far, one each day, but I am getting more anxious every day.

* How can we recover the missing pearls?

I am going to depart from facts and go into sentimentality by adding that this necklace is the only physical thing left to us of my great-grandmother. The most optimal outcome to me would be recovering the missing pearls and having the necklace made whole again, and probably have a payment for the devaluation of the necklace. I think they should pay a lot more than that, but I realize that, without the sentimental aspect, this is probably the most I could expect. However, so that I can at least not be blindsided by disappointment, what should I realistically expect?

For one last note, if the value of the property affects things, I am working on getting a proper damage assessment from a qualified appraiser who knows pearls. However, an amateur who thinks he knows a lot about pearls recently estimated a $150,000 original value with $50,000 devaluation given the damage and missing pearls. I think that is on the high side, but that is the sort of thing we are working with.

I think I may be looking into a lawyer after the appraisal and damage assessment, but I would like to make sure I am not running past some unknown deadline while working on the appraisal.

Answer:
 For that amount it is time get a lawyer.  There are a few possibilities here ranging from theft by the officer or a clerk to your mother damaging the necklace and not remembering to simply careless handling.  Either way, your mothers property should have been returned to you in the same state that it went in and, in theory, there should be records that your lawyer is going to need to track down.

What was your mom arrested for while wearing ~$100,000 worth of pearls? Did she piss off the cops as she was getting arrested?


Title: [TEXAS] I received the packet in the mail that you get when you apply for unemployment benefits. It has personally-identifying info in it. I am currently employed and have not applied for unemployment benefits, although I did over a year ago.

Question:
I have called **literally** (*) every phone number included in the mailed material and on the Texas Workforce Commission website, and every last one of them results in a recording that doesn't give you an option to speak to a human.

I am imagining nightmare scenarios in which some asshole has managed to file for unemployment payments in my name, and the state will eventually figure out that it's fraud but instead of going after the fraudulent claimant they will come after me, because this is Texas and our legal system is run by the kind of people who thought electing Louie Gohmert was a good idea.

Does anyone happen to have a secret [shibboloeet](https://xkcd.com/806) phone number I can use to contact someone?

(*) (yes, I know what "literally" means)

Answer: I'll bet your state representative/state senator's office knows the secret phone number at the unemployment office that gets answered.


Title: What should i do if theres 100 degrees in class, no air conditioning and were after a sport lesson?

Question: Is it legal/illegal, school even evacuated a student who had a heat stroke, what to do?

Answer: Have the teacher open a window and turn a fan on


Title: My girlfriend's employer won't take action against sexual assault

Question:
My girlfriend works at a cafe/restaurant/hotel/bar. Several months ago, she made a report (along with a fellow co-worker) that one of the dishwashers was acting extremely inappropriate towards them (hugging from behind, inappropriate/sexualized comments, etc). All the company did was change his schedule and instruct him not to talk to them.

Fast forward to yesterday. A guy who's been working for the company for 20-some-odd years comes in and starts acting the same way: grabbing her hand, telling her how cute she is. This situation culminated in him kissing her on the cheek. She told him he was making her very uncomfortable, and he responded with "I don't make you uncomfortable". Period. Statement.

So she reported it to her MOD, and he basically told her he didn't believe her and to suck it up. He said her and her co-worker are the only two people reporting this kind of thing, that the guy who kissed her he been working there for so long, etc. etc. all working it's easy around to it's your fault so stop reporting it.

I told her it sounded pretty fucked up, and that she should start documenting Amy further occurrences as well as any interactions she has with management should she have to report anything else.

What do you guys think? Should we look into considering a case against them? She loves her job, but coming home almost in tears is nowhere near acceptable.

Answer: She can't force her employer to do anything, but she can inform the police of the assault. She should also look into a new job with management who actually care when there is sexual harassment occurring in their establishment.


Title: [FLORIDA] Ex threatening to take me to court for moving 20 miles away

Question:
My ex husband and I have 50/50 time sharing. In our divorce decree it states "mother's address is to be used for school designation". Due to my last move, she was to be zoned for one of the worst schools in the state. My ex husband was also zoned for a failing school. I talked to him in May about what we should do. I asked if his connection (a pb county sheriff) could get us a variance, he said no. I asked if she could attend his school (he's a teacher). He said it wasn't a good school. I attempted to sign up for school choice, but there were no good schools available. He resigned to send her to the bad school and basically let me know I was on my own in figuring anything further out. I wasn't okay with this and told him I was thinking about moving to a better school zone. I recently got a job offer 20 miles away making nearly twice what I was making before and four times what I made at the time of our divorce. That city is also where all the A-rated schools are (and where my daughter was born). After losing the offer on two homes to rent, I secured a home in the new area, zoned for one of the best schools in the state. In my decree it states I should notify him of the new address 30 days in advance, but that I don't need to do anything through the court if it's under 50 miles. Unfortunately, as much as I tried I was only just able to secure a place as of yesterday. I notified him immediately. My lease here ends in sept., with school starting next week. I actually paid extra to start the lease august 15th so she could start school, but I have my current place until September. Today he called me, saying I was in contempt of court for violating the decree because I made a major decision without him (what school she was attending). Since it says in my decree that my address is to be used for school designation, I thought if I moved it means it automatically is my school zone. I've offered to eat the cost of pre-care and even to pick her up on his mornings to take her to school in order to compromise and resolve this, so long as he picks her up after school, but he won't budge. I should mention that when we divorced he was living 30 miles from the marital home. He took her to a school 30 miles away without complaint. This school is much closer. He's only moved closer to me in the last two years. I want to know if he has legal standing and if I need a lawyer. Thanks in advance.
Topic:
Custody Divorce and Family

Answer:
 I would like to see a judge start a case over you making more household income, providing better education and a stable household in a better neighborhood. Your ex is a controlling self interested jackassAnswer #2: Has he filed anything yet?  I'd very reasonably respond "well go ahead and file and we will see what the judge says".Answer #3: >Since it says in my decree that my address is to be used for school designation, I thought if I moved it means it automatically is my school zone.

Thats how I would read that. 20 miles is not a major life decision. Judge probably is going to laugh him out of court especially since you talked this over extensively, in terms of the school not being acceptable.

Seriously, imagine your husband going into court arguing "But I want my daughter to go to St. Garbage Education your honor!" He's just a control freak asshat.Answer #4: > notify him of the new address 30 days in advance

This is the only thing he's got and it's not much.  Save all proof you have of your best intentions:  your attempts getting rentals & that you notified as soon as you had one.

If he does file, you will need a lawyer just in case.  Most likely he's just venting.

Congrats on the new job and great school for your daughter.


Title: Massachusetts: Parental liability for son's accident in leased car

Question: Some people I know are thinking of leasing a car for their adult son.  Son has a bad credit rating and thus cannot take out the lease himself.  Their son would obtain his own auto insurance policy.  In the past the son has had a number of accidents, and the parents' auto insurance company has made clear they will not offer any sort of coverage for the son's driving.  The parents are worried that if they pay for the leasing of the car, they will be vulnerable if their son is in an auto accident and damages people or property.  The parents have enough assets that they would be an attractive target for a lawsuit. Is it realistic for them to worry about being successfully sued for damage their son does with the leased car?

Answer:
 If they're willing to put that much money into it, why not just outright purchase a used car for him, and put it in his name, and tell him he's on his own in terms of license, registration, and insurance?

That would be the fool-proof way to remove themselves from any potential liability, and it also serves to teach the son that if you ruin your own credit and are a careless driver, you don't get to drive around in a brand-new leased car, you get a used, less-than-desireable-but-still-fully-functional used car.

Just $0.02.


Title: Colorado - I'm on probation for dui, my dad lives in Australia and is going to die of pancreatic cancer, docs say he's lucky to see easter... How can I see my dad one last time?

Question: [removed]

Answer: Do you have a lawyer? They'll need to motion to modify probation. Answer #2: You may also need to get a waiver from the Australian consulate if you don't have Australian citizenship. Some Commonwealth countries are sticklers about admitting people with DUIs.


Title: Possible Discrimination

Question: I am currently in college, and we only have two weeks before finals. For the past month, I have been sick due to my Type 1 Diabetes, and I l missed quite a few classes. I already have accommodations to assist with this issue, but one of my professors informed me that because I have missed a lot, they are going to give me the choice to either fail or take an incomplete. The main reason for their logic is because I have missed a major group project, and they are not willing to provide an alternative assignment for me. I’m already stressed due to being sick and finals coming up, and this is making my life a complete mess. I was wondering if this would be considered discrimination due to not providing me with an equal opportunity to succeed? Thank you for any advice!

Answer:
 It depends on the definition of "quite a few." If you didn't complete major assignments and missed a substantial part of the course an incomplete is the proper answer, and in itself is an accommodation (Incompletes are a PITA for professors).

A professor is not required to dramatically alter their course for your accommodations.


Title: (CA) Uncle passed with a friend living in his house. Need to evict

Question:
My uncle passed last week after a long battle with multiple issues. His ex girlfriend fell upon “hard times” and has been living with him for the past 8 or so years. They have no financial ties and she’s been living there rent free. They were not intimate and slept in separate rooms the whole time. Now she’s acting like it’s my families responsibility to take care of her and the house, including paying all the bills because she’s on a fixed income. I told her she has 60 or so days to get out because we can’t financially support her. I cut off the TV service to the house today, due to lack of funds. My uncle put her in the trust to receive 1500 bucks to find a place to live and give her his suv because she is not able to get into her old car anymore. What do I do?
Topic:
Landlord Tenant Housing

Answer:
 Hold on there. Are you the executor of the estate? You can't do jack (like cutting off services and giving notice) without the proper legal authority/status.

The estate can issue 60 days notice for her to vacate. And then if she's not gone in 60 days the estate can start legal eviction proceedings. But you can't just say "I'm the estate" and you can't start changing her tenancy willy nilly. It's not your personal responsibility to maintain the residence/pay the bills but it is the responsibility of the estate. You need a probate attorney to handle this. (Or really, the estate needs one.)

Sorry for your loss.Answer #2: I'm sorry for your loss. Are you the executor of his estate?

> What do I do?

The executor has to give her appropriate written notice that her tenancy is being terminated. Then you move for an eviction if she's still there


Title: Cops in Canada are trying to reach me in the USA for an old incident.

Question:
I lived in the Brampton, Ontario in the past and filed charges on a guy for assault. I never went to the court cases in Canada. My parents from the USA came to canada to just bring me back home to the USA. Apparently a cop is asking all my family members in Canada for my contact info.

I also got a ticket for open alcohol in Canada and never payed it.

What do I do? Am i obligated to respond to the Canadian cops?? What "rights" do I have here and how should I handle the situation?

Answer:
 IANAL

If Canada does things similar to the US that ticket isn't going away anytime soon. It will likely continue to go up until it becomes a warrant for your arrest. This could cause issues if you wish to cross the border into Canada. Probably should get that taken care of. Answer #2: Are you an American citizen?


Title: What's legal age after which I can leave house with my children at home without babysitter.

Question:
[Los Angles, CA]
I am a single father who has to travel a lot within city. My younger children is 11, while his big bro is 16. Both are pretty much independent and can hold their shit together.

After reading a lot of paranoid folks calling CPS on others for even petty things, I think I should reconsider if I should hire a babysitter. Am I legally required? I used to hire babysitter when they were younger, but they would hate if I hire now. Honestly, despite being just 16, big boy looks at least 20, so it would be awkward for a babysitter as well.

What do you say? Would leaving them at home for 8-9 hours in day require me to hire a babysitter legally?

Answer:
 Isnt 16 the age kids are babysitting other kids anyways? If your really worried have him take a 1 day cpr or whatever the babysitting cert is these days tho I dont think anythings mandatory. I dont think youll run into any issues with a 16 year old watching an 11 year old. I mean im 26 now but I was home alone after school by 12 without any issues back in the dayAnswer #2: Your older one is 16?

I regularly hire and pay (trained) babysitters who are 14 or so to watch my three (10, 6, 2) kids.

You're fine.

I would also say that, at 12, the younger one could be left alone for short times.Answer #3: California doesn't appear to have any specific statute regarding unattended children, although LA may have a local ordinance I didn't search for. Virginia doesn't have a law either, but their CPS puts out [guidelines](http://family.arlingtonva.us/child-welfare/young-young-home-alone/) which establish a normal baseline for what their agents will consider reasonable in most situations.

I wouldn't have a problem with my 16 year old watch the younger one, as long as the 11 year old actually listened to the supervision of the teen. Answer #4: 16 is plenty old enough.. 12 is the usual age here (Texas).Answer #5: If you have neighbors that you are close with and trust, maybe you could have one of them check on the boys twice a day or something. Make sure the boys know the person and their phone number, all that stuff. It might not be necessary but I think it's a good way to go.


Title: Court at 9am. 2 MD's probation to 125days. read below for details. please help.

Question: Tmr AM i have coourt for 2 MD's.  I'm not going to coninuite it.  I havea  pub defender im meeting with. Do you know if i have to wait for my name to be called (which takes hours) or can speak with her in the hallway or whatever and discuss the 2 cases. (they are simple assault, and communicatoin of threats) i quit drinking that day, 5/27.  60 day sober today. I slapped my dad and threatened to burn his house down. i wasnt myself. i was out of my mind and i cant forgive myself. this isnt the first run in with the law. ive had a long history of alcoholism. AA does not work and if you google that the top 10 results link to drs writing on how it hurts people attempting to recover.  So no i did not go to aa accept for once and have no proof.  Should my victim (dad) show up or not? would they interpret that as i could have potentially been abusive towards him and warned him "if you showup bad things could happen" or something.   Or should he show up and tell the truth which is I am 60 days sober as of today (with one relapse in the form of 1 24 oz beer) on june 12th.  I saw a psyche thurs and was diagnosed with bipolar and put on tapering meds to take me off the benzos i was hooked on.  Court is at 9am.  Do i have to show up at 9am on the dot or is 10 mins late okay?  IM sorry this is long.  I conquered a 15 year addiction to alcohol and benzodiazepines hopefully forever.  On my own.  I'm doing much better now. I have no evidence to prove this. AA does not work and it has been proven. it has a 5-20% success rate. yet it is integrated into the legal system. i'm pretty sure my dad shouldnt show, he says he wont if i dont want him to because i have done so well in my recovery.  Im a differnet me again, the me before i became an alcoholic.  What should i ask my public defender?  Do you know if dockets are alphabetical or first come first show?  i was diagnosed with bipolar on thursday yet have no proof cus i meet with the bipolar dr on thurs at 4pm to put me on a mood stabalizer.  i wish it was the reverse. Then id have medical documentation that is a mitigational circumstance.  Should i ask for continuence as i am going through acute benzo withdrawal and have a bipolar treatment, or face the judge without my father.  Im pretty sure they will drop the charges with no victim showing, he will get subpeaoned, but is kind enough to take it.  Please inform me the best info you know.  i have to sleep soon, because have to arise at 730 for court and im sill withdrawaling from the damn benzos.  Im fine wih probatoin.  Im not fine with jail.  Please help.  please tell me things to tell the judge.  or should i just continue due to bipolar which will prolly work.  Thanks, im falling asleep within the hour, but ill read eeery response before court.  Thanks.  I am not a bad guy, im bipolar and an alcoholic and fucked up.  These are both being fixed now.  I just wish i could pove it.  Thanks. sry for mistypes im typing quick and took a sedative.

Answer:
 You show up at 8:50, not 9. Def no 10 min late.

You wait as long as it takes.

You can bring your dad if you want. It may help, it may not matter.

Take your opinions of AA and shove them. If the court demands or your attorney advises, you fucking go. You broke the law, your opinion on whats appropriate no longer matters.

Do what your attorney advises.

Not to be a dick, but don't claim 60 days sober with a relapse. You have been sober since the relapse.

Talk to your doctor to advise on a withdrawal and bipolar treatment.

Good luck to you. Consider continuing your education. Answer #2: I can't really make heads or tails of most of this, but yes, you need to show up on time.


Title: Need to find a place for my kid to live once he turns 18. Ohio

Question:
I have a soon to turn 18 year old son who is currently a ward of the state due to domestic violence and drug charges (more than one occurrence of both).  As it currently sits, the state will release him to his mother's custody but she won't have him and I can't except him into my home due to the problems he has posed in the past and my wife's current disability and medical problems.

As it currently sits, he is only a ward of the state because of new charges he recently acquired, but he has to leave that location before he turns 18; he has burned pretty much all of his bridges among friends and family that would consider taking him in, I don't have enough money to rent him a place of his own.

He has mentioned that he thinks he needs to go to rehab, but I don't know how to get him there and have nowhere to send him once he gets out.

Answer:
 Call 211 and ask for resources.

He will have to be the one to call to get him in rehab. You cannot do it. They won't let you.

They can also give you numbers for sheltersAnswer #2: I would go to his school and ask to speak with the school counselor. They know your son and they have resources! It certainly wouldn't hurt and it won't cost you anything.


Title: My friend got stuck in the elevator at my apartment complex, the apartment complex is trying to charge me for getting them out [AZ]

Question:
So here's the facts:
At around 10:30pm my 4 friends came over to my apartment to use my bathroom and grab some water. We said our goodbyes I walked them to the elevator that is outside my apartment door and walked back into my apartment (I live on the second floor and the elevator is closer than the stairs). They called me a couple minutes later saying the elevator was stuck, so I called the emergency number on my fridge that was given to me. They got my friends out and claim that they were jumping in the elevator (even though they weren't, no camera proof). They also said there was damage to the elevator even though there wasn't and said it is more expensive due to it being after hours for them getting stuck. They took down my info and said they'd be in contact with me.
I got a copy of the invoice from the elevator company and a letter from the building/community manager saying I owe them $1,075 for my friends getting stuck. It was sent 3 months after the incident. My friends said they were going to pay it, but they haven't come through. And the apartment complex is saying I'm liable since they were my guests, even though I wasn't even in the elevator. If I don't pay them the $1,075 what would happen? Should I ignore it? I have $200 security deposit that I would loose, which is better than paying the $1,075. Would this totally ruin my credit? Would they come after me for this amount? Are they just trying to get me to pay this so they don't have to?
Other info is that my lease ends July 31st and I already moved out to a new apartment. My parents cosigned my lease since I'm a college student. My home address has changed and the old apartment complex doesn't have any of my new addresses.
Topic:
Landlord Tenant Housing

Answer: Not from AZ but I don't believe they have any way to force you to pay without going to court. If they try to take you to small claims court you can present your side and make at least one of your friends go to tell their story as well. If your guests *did* cause the damage to the elevator you are probably liable though as they said.


Title: Wrecked my car drinking, left scene.

Question: In ohio. I was drinking and ran off the road. Phone was ACTUALLY dead and the road was dark, nobody around. I live in a small town so I walked to a buddies house like 5 blocks down, crashed on his couch. Decided to deal with it in the morning. Police called me sometime around in AM, got voicemail next morning. They towed my car. I got everything figured out but I have a mandatory court date. What do I do? I see cars on the side of the road all the time. I left my car because I had no choice even if I wasn't drinking. I've never been into any trouble with cops or anything. They gave me a citation for failure to control and leaving the scene. What am I supposed to do? If it's as easy as pleading guilty for those charges, I will. But what do those charges mean? I'm scared.

Answer: And at no point in any of this do you ever mention you were drinking when this happened - except to your lawyer.


Title: My lawnmower was sold for "charges" without notice from the repair shop. What are my options?

Question:
I am in Mississippi. I have a nice zero-turn lawn mower that was given to me after my friend passed away about 3 years ago. It was his lawnmower that he purchased brand new and we shared it the year that he passed away. After a month or so after he passed his parents gave me the lawnmower because they already have a couple and had no need for a smaller lawnmower and knew that we were sharing it so the lawn mower has sentimental value more than anything.

I used the lawnmower a lot over the last couple of years and it needed to be tuned up and the blades to be replaced before last spring/summer hit. I called one of the local repair shops and found out that they had sold to new owners after something like 30 years of being in business. Due to my job at the time I had access to a lot of different types of trucks and I borrowed one from my job to transport the lawnmower from my house to the repair shop. This is a pretty big repair shop that sells some of the top of the line lawn equipment and the guy that I spoke to was one of the owners. He told me that since all I needed was a tune-up and the blades replaced it would only take a couple of weeks. I agreed and signed the papers and went about my business.

About a month went by and my grass was getting pretty out of hand so I called them and they told me that they were still waiting on my blades to come in because they were on back order. I said no worries I have one that I can use to get me through until mine is ready. Another month goes by and I call them back and they  say that the blades are still on back order and it will be another couple of weeks. I continue to use the other lawnmower that I have borrowed and forgotten about the other one until I get a call about 6 weeks after that.

I told them that I was no longer working at the job that allowed me access to rental trucks and I was currently working out of town. They said no problem and after this goes on for a couple of months, I get a phone call and the guy says(this is during the middle of the winter so I don't need a lawnmower at this point) that the lawnmower had been there for so long that it was growing roots and I said that if we could figure out a way to get it to my house then I would be up there to pay for it as soon as I got back in town.

I called earlier today as I am finally back in town and already lined up to borrow a friend's trailer to pick up the mower and was told that it was sold for charges. The manager? said that I was called multiple times and I said I was aware and we spoke every time and nothing was ever mentioned about selling it or delivering it. Do I have any legal right at getting the original lawnmower back? The original price of the lawnmower was around $3200, but it is more about the sentimental side of it.

Answer:
 How long after the repairs were completed was the lawnmower left on their property?Answer #2: I'm not at all surprised by this outcome. You treated their business like a storage facility. Did you pay the original service charge and blade fee, or did you expect for them to perform the work for free and store it as well?

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I'd assume you signed a service contract for the work when dropping your equipment off. Very likely it has language in it regarding abandoned equipment and unpaid bills.

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At best you may be able to argue that you are owed the difference between your bill, and 6+ months of storage fee's and what they sold the used machine for. You also need to value the mower at what it is, a used residential zero turn mower. Those go all day long for 1000\~ so with a 360 bill, plus storage for 6 months you might actually be in the hole to them.Answer #3: OP- You're owed the fair market value of the mower (the cost to purchase a replacement of similar age and condition). I would research this, and then send the company that did the work a demand letter requesting that amount. If they ignore the letter, your recourse is to sue them in small claims. Note that the demand letter is not a legal requirement for suing, but a suggestion to potentially get what you're owed with less hassle \[then suing\].


Title: [CA] Is there a way to speed up the eviction process in the situation were abuse is involved?

Question:
My mother's husband is abusive and she has stage 4 cancer. Is there a way to speed up the eviction process in the state of California?
The main concern is he's a hoarder and has mountains of stuff in her home. (She is sole owner and they have a prenup in place). He's currently not staying there but is considered a legal residence. No rental agreement is in place. I know we can't legally throw all his stuff out or on the curb but the move out process for him would take *months*. Is there a way to speed this up?
Thanks!

Answer: If there is recent physical abuse she can file a restraining order. But other than that, no. The eviction process is what it is.


Title: (Georgia) Landlord has put our house up for sale

Question: So we moved into our current home about 7 months ago. Two months ago we discovered out landlord was trying to sell, and put the house on the market. Since then we have been looking for a home to purchase, and think we have found one. My question is, are we legally allowed to break our lease early because of the situation? It is very stressful, knowing that any day you could be notified that within 60 days you have to leave. The landlord doesn't believe the house will sell, which is very frustrating. This doesn't stop him from showing the house to people almost on a weekly basis while we love here. We requested our deposit back in full, informing him that we would fully comply with showings in this case i.e. cleaning the house, removing pets, leaving the home. He declined, but even still we have been very open about his showings. In our lease, it says we are required to give 60 days notice as well as a fee for 1.25x the security deposit. Will we just be forced to pay this if we purchase our home?

Answer:
 > are we legally allowed to break our lease early because of the situation?

No.


Title: I have recently been served a civil summons for a debt I thought I was already paying.

Question:
EDIT: Forgot to mention I am in North Carolina, US.

Like the title says, I recently was served a civil summons for a debt I owe.

I had 2 similar credit card debts previous to this,  I received letters from debt collectors asking for payment and I had agreed to pay a certain amount each month for the total.

Apparently I only agreed to pay for the first, even though the company was managing both debts.

Now I have a civil summons for the second debt that was not addressed.

I have very little legal knowledge.  I basically don't understand anything on the summons other than that they want their money and if I don't pay (I want to pay it back) they will possibly take my assets.. of which I have very little of worth.

I want to pay the debt but I can only afford to do it in small payments, as I originally agreed to do.  Or thought I had at least.

Thank you for any advice.

Answer: Make sure you file an answer to the complaint, if you don't you will be in default and judgment will be entered against you.  Once you file your answer call the company and try and reach a settlement where you will make small monthly payments.


Title: Breach of pool contract (TX)

Question:
^tl;dr ^- ^Pool ^contract ^states ^wall ^veneer: ^Oklahoma ^Flagstone, ^but ^one ^side ^of ^veneer ^was ^done ^in ^brown ^stucco ^and ^looks ^terrible. ^That ^is ^not ^in ^the ^contract, ^and ^the ^pool ^builder ^says ^it's ^common ^practice ^but ^admits ^to ^not ^telling ^me ^about ^it. ^Refuses ^to ^finish ^the ^job ^per ^the ^contract.

On Sep 4, 2015, I signed a contract with the pool builder, and under [*Material Specifications*](http://i.imgur.com/qkR08Yg.png) the wall veneer states Oklahoma Flagstone. The stone crew finished up everything and it looks great; however, the back side of the wall is **not** Oklahoma Flagstone. Rather, it is [brown stucco](http://imgur.com/a/FXvlM) with rebar sticking out, bumpy, etc. It looks horrible. We will have about eight feet of grass behind the wall for kids, dogs, whomever to play back there and we were never told it would be anything other than Oklahoma Flagstone, which is in our contract

I first contacted the pool builder on Oct 9, 2015, and complained about the back side of the wall. He said this was "common practice/standard procedure," admitted to not telling me about this before the contract was signed, and told me it would be $1200 out of my pocket to fix it, to which I refused.

After numerous email exchanges, pretty much going back and forth, he told me, "I guess I stand guilty of not explaining to you what our standard procedure is regarding the finish on the back of the wall," but was firm on not fixing it unless I pay. He also through in some personal lines and attempted to evade and redirect the conversation by explaining to me that what he charged for the wall barely covers his cost.

That was the last I heard of him until today, 18 days later. In that 18 days I sent a certified letter giving him ten days to address the issue and commit to fixing it on his dime. Without a response on Nov 4, 2015, I filed a complaint with the BBB (I have read several complaints online about this pool builder, and they all have seemed to have been resolved once a complaint is filed with the BBB). I received a certified letter from the builder today, which he very briefly defends his stance, and redirects the topic to the fence panels that I have yet to put back up because the job is not done. For what it's worth, I have paid my draws in full, on time, every time.

**Questions**: If my complaint to the BBB does not help to resolve this issue, do I have a strong chance of winning in small claims court? Is this the way I should go? Am I doing it all wrong? I've never been in a situation like this before, so any advice would be greatly appreciated.

Answer:
 The BBB is just a review site. Kind of like yelp. They don't enforce anything.

Whether you would win in small claims depends on the wording in your contract.


Title: Is wearing a mask in public illegal? [VA]

Question: I was walking around in a skin tight spiderman outfit in some shopping centre, bringing joy to the world and saving the day (in reality was just hanging out with a friend lol). Walked into a supplement shop and one of the customers there was like "You know it's illegal to wear a mask in public right? Not trying to get you in trouble or anything but you should know". Is this true? Intent isn't to hide identity or robbery or anything either, was just walking around with a spiderman costume lol.

Answer: Yes it is illegal with the exception of a few things. Section 18.2-422 is the law and was modified in 2014 with HB 542. Mainly used for stick up crimes and the kkk


Title: Gun pulled on my little sister by twin sister’s boyfriend after argument

Question:
Last night as my twin sister Becca got into her boyfriend Henry’s car to leave with him, my younger sister Jenny got in an argument with Henry. During the argument, Henry was in the drivers seat, Becca in the passenger, and Jenny was standing outside the passenger car window. The argument escalated until Henry brandished his gun from his holster and threatened Jenny to leave. She left immediately. He has a concealed and carry permit, btw.

I was not present when all of this happened but was the first person my younger sister talked to after the incident. She was sobbing and visibly shaken by the whole thing, and still is. How do I go about this situation? Should I contact the police, talk to a lawyer, or both?

For context: this happened in Oregon. Twin sis is 21, her bf is 24, and younger sister is 18-years-old (names changed for privacy reasons).

Answer: You weren't there and probably should not do anything.  Your sister can call the police if she wants to.Answer #2: Not legal advice. Twin might want to reconsider this “boyfriend” of hers if he’s brandishing a gun to win an argument against her own sister. He’s immature, and dangerously so. Red flags, etc. You need to have a conversation with your twin.Answer #3: i know in nys, if a concealed carry holder were to brandish their firearm in a situation where their life or someone elses was not in danger, it would constitute menacing, and that person could end up in jail as well as lose their permit. Doesnt matter if the gun was pointed at someone, on the lap, or even if the guy just raised his shirt up to display he is armed. The threat is implied. Not sure if Oregon has a similar law, but report it to the police and they can figure out what if any of your state laws were violated. As for gathering evidence, it is supposed to be CONCEALED which means no one knows you have it. Or if he himself or your twin admit that it was on his lap of course, because it seems to me they think that that is ok.


Title: Denied medical Treatment

Question:
Location: United States, Wisconsin
I was arrested unjustly on a disorderly conduct charge and underage possession of alcohol in a private residence. I brought my medication for my seizure disorder, which I was denied after stating many times to the officers who had restrained me for harming myself.  I, of course, was trying to get to a hospital because I was having a partial seizure (Aura). This turned into a full-on grand mal seizure which I kept exclaiming helplessly was bound to happen if left untreated. Due to the fact I was tied down, the seizure caused me to fracture both my wrists and made me delirious at which they laughed and still refused any medical treatment. I was never read my Miranda Rights and was told by an officer that I don't have to be told them; he also stated "If you were my son I would come into the cell and beat you". I requested that I see a lawyer numerous times throughout the night and following day, which I was denied due to the fact I was "asleep". The day after I was released, I sought medical attention at an urgent care clinic. From there, I was rushed to a hospital due to a potential life-threatening spinal injury where I was given the X-rays confirming my injuries. Do I have a solid case against the city?

Answer: At a bare minimum you need to speak with an attorney asap.  They will be able to advise you from there.


Title: Social services are unwilling to help with an aggressive teen

Question:
I do not know where to turn, any advice is greatly appreciated as we are hitting a brick wall.  If you know a better a sub for me to post this on please let me know.

My partner and I took in my partners younger cousin (15m) I will call him Mark, we also have a (5f).  Mark left his parents house due to repeated aggressive arguments.  The social are aware of him living with us and we have had regular meetings with them.  We have no parental rights to Mark.

Mark has lived with us about 6 months and his behaviour has progressively worse.  Mark is on the verge of being expelled from school, his behaviour at home is no better. Mark steals other family members belongings hides them and will swear to your face he is telling the truth even though you have solid evidence to the contrary.  Mark flips out regularly over nothing, for example we had two of Marks younger cousins over for dinner (11m) and (3f) we were playing a board game and Mark started calling (11m) names threatened to “lay him out” and threw him and (3f) from their chairs.  Us adults in the room got him out (no violence) and he ran upstairs and began punching holes in the wall in his room.  He was also screaming violent threats the entire time, he has shown no remorse for his actions and has actually tried to blame (11m).

After this last event I no longer feel safe alone with him in my home, I am walking on egg shells and I am obviously concerned that my daughter will be on the receiving end of one of his unprovoked rages.

There is a lot more to his behaviour but I haven’t gone to into it as I would like to keep it somewhat anonymous.

It goes without saying that he needs help, however the social have practically washed their hand of us.  We have told them we no longer want him living with us.  They have told us we can’t ask him to leave as we would be abandoning him and because we aren’t willing to “throw him out” they won’t help.

We are at a complete loss as to what to do, we want him to get help however we no longer want him living here.

Can they social actually make us keep a child that does not belong to us?

Answer: They won't remove the kid for you.  You can bring him back to his parents if you want him out and you aren't his official guardian and haven't taken any legal responsibility for him


Title: My best friend's father is a pervert what should she/I do

Question:
(Washington State) My best friend recently told me that sometimes her dad will come into her room while he thinks she's asleep and pleasure himself. She's 19 years old and who knows how long he has been doing it or how often. He's a very wealthy very smart white man in a prestigious job. Everything I know about him and every interaction I have with him points to him being completely obsessed with her (he's made her make cosmetic changes, is obsessive and degrading about her weight and appearance even though she's very skinny and pretty). Her parents are divorced and he has considerably more money than her mother does. What do I do? Or what do I advise her to do? My first step would be to tell her mother, but I want to ensure that if she does choose to pursue some sort of legal action that she is as covered as she can be. She goes to college (which he pays for under no legal obligation from the divorce apparently), but when she is home she stays on the schedule from the divorce because of her little brother.
Topic:
Custody Divorce and Family

Answer:
 She's 19, she should move away from him.  And never live with him again.  If she can manage, she should go to college nice & far away.

That's gross & quite possibly illegal too, though if he isn't touching her & she is putatively asleep I'm not 100% sure what law it violates.  But I suspect it does violate one.  What state?


Title: My ex was picked up Saturday night at 11pm high and drunk, walking around with our two boys (3m, 6m) he could not find his own house. This was his first visitation in almost six months. He had them for approximately 27 hours. I’m aiming for sole legal and physical custody. What can I do?

Question:
Long post, sorry about the format as I am on mobile.

Where to start? We are in Indianapolis, Marion County. He is an on/off drug addict, usually pills and heroin. He received two neglect charges (one for each child) last September. He was drunk and driving my boys around, someone (thank god) saw him nodding off at a stop light and noticed my two boys in the backseat. They followed him and called the police. The plea deal he got dropped the neglect charges and he was sentenced with ‘endangering a person under 18’.

He was on probation starting this August with drug and alcohol monitoring. I filed a protection order back in May, but we went to court on October 24th and they dismissed the protection orders and granted him custody (Wednesday’s and every other weekend). I was granted sole legal and primary physical custody. He had an attorney I did not. This past weekend was his first time having them in almost six months. His father (great guy, has always helped me with the boys when ex is using, always been incredibly supportive) picked them up at 6pm Friday. I received a call from IMPD Saturday night around 11pm stating he had been picked up, was drunk/high and had the boys with him. He couldn’t find his own house.

He is in jail. He has a history of drug abuse and being picked up/public intox, possession of heroin and prescription pills, and now a history of child neglect. I assume the probation violation will be enough to put him in jail but at this point he’s slipped through the system for years and I don’t trust the courts to keep track of his indiscretions.

I filed with CPS, I just want to make sure I’m covering all my bases. I called a child advocacy place and applied for legal aid. What else can I do?
Topic:
Custody Divorce and Family

Answer:
 >He had an attorney I did not.

In answer to your question, what else can I do, retaining and utilizing an attorney could make a big difference.Answer #2: Sounds like you’ve done everything right so far. If it were me, I would push for supervised visitation. I know someone that was only able to see their kids if they passed a drug test and they were monitored by an appointed court supervisor. I wouldn’t take custody away completely as I’m sure your children would be hurt by that. Maybe him losing unsupervised visitation would be enough for him to get himself clean. Although it might not. But at least your children will be safe and would still be able to see their dad. Good luck to you. I hope he turns around and is able to be the father your kids need. Answer #3: Hire an attorney ASAP. Also request that your ex pays the legal fees. With an attorney I think you’re pretty set on receiving sole custody with your ex supervised visitation. Answer #4: Are you able to file an emergency custody order in the meantime?


Title: [US, CA] Management company wants to split security deposit return between me and ex--ex is threatening small claims if I don't waive the entirety to her

Question: [deleted]

Answer:
 Do you have anything in writing indicating that the mother paid the deposit as a gift?  If not, I'd say the case, if it came to small claims court, would be a toss up.

It might be worth whatever half the deposit is to get these whack jobs off your back.  If you disagree then just block and ignore them and wait to see if they serve you with a small claims suit.


Title: Liability for babysitter injured "on the job" CO

Question: My husband and I have hired a babysitter to pick up our son from school. She has only picked him up for 20 days and we have paid her $1200.00 so far (under the 2K yearly limit for nanny taxes, etc). Today she was rear ended in her car in the school pick up line and is claiming to have whiplash. Are we liable to pay for any of her medical expenses or lost wages and if so, what?

Answer: I would think the person who hit her car insurance would cover that


Title: Hostile work environment (IL)

Question:
Throwaway.

I work in a small firm with one other full time coworker, my boss, and several independent contractors. I handle all the operations and admin while they do sales. As a result, they're very close knit and treat me like the bottom rung because I don't sell. That being said, I had a baby several months ago and just recently returned from maternity leave. Before I left, my boss and coworker decided to hire their mutual friend to cover my job while I was gone. As I transitioned out, I mentioned several times that my temp replacement was not a good fit because of their attitude and behavior (unprofessional, lazy, etc). I even went as far as drafting over simplified guides (with pictures and screenshots) for my replacement in case they weren't sure (which were never used). Low and behold, my temp stopped working, neglected the systems I built, and committed fraud, causing an investigation into our business. It left the business in a chaotic lurch until I was able to come back.

Since coming back, my boss and coworker have been very extremely aggressive and condescending towards me unnecessarily. For example, they'll decide to change company policies on a whim (without notifying me) and then blatantly accuse me of purposely violating them. Or when I ask them for guidance or clarity, they're extremely snarky and claim "I'm unnecessarily wasting time". They even when as far as accusing me of fraud and fjorgery from a simple miscommunication over a document.

I personally am starting to feel like they are really bitter and resent me for going in maternity leave.

How and what i  doI do? Shoud I  consultant  an labpr attorney? Contact the eeoc?

Help!

Answer: None of that is illegal. Sounds like you should look for a new job.


Title: Robbery victim 5 months ago. Case inactive. Officers not helping at all. Alternative to costly lawyer?

Question:
TLDNR: Guy I know stole my swiss watch. I didnt ID him in a photo paper lineup, so case is now inactive. How to bring it back? Opperator/Dispatcher said since I didnt ID its pretty much game over.

Expensive swiss watch (sentimentaly priceless) stolen by former co-worker. This was after I left, we lived in the same nieghborhood. Basic theft, but very forcefull.

I knew who it was, but not too well or as a friend. Just a sorta similar face and first name.

Patrol cop came. Interveiwed, I filed charges umder suspects first name. He still works there so a diff cop paid the store a visit and I guess he did his job? Interview and looking for evidence of stolen property.

Few days later the original patrol officer came and gave me a paper lineup. I could not, under oather, POSITEVLY id ny cowerker. Hey, looks change Im still not sure to this day. Probably a very udated mugshot.

So case is inactive now. I have emailed the officer in charge a few times ( 4 motnhs ago invistagtion went imactive).They have the place of residence first and last name in evidence. I just hope that watch is on a familiar wrist and not pawned.

So the dispatcher told me the case was basicly done because I didnt give a postive ID under oath via picture lineup. This is crazy, there must be other ways to ID with current pictures. DMV records, college ID card, in person through the glass at the PD..

So why does the dispatcher think its hopeless? And why is this cop ignoring me? What can I do, lawers are expensive cops arent help
ing!

Florida orange county

Answer: You could not ID the person who stole your watch. The police do not think this will ever result in an arrest or conviction. The police are under no obligation to continue an investigation. You cannot force the police to investigate. Even if you could ID the person, the DA is under no obligation to press criminal charges. You cannot force a DA to press criminal charges.


Title: I believe the pest control company that serves my apartment complex may have poisoned my dog. I would like them to pay my vet bill. (US/California)

Question:
Our apartment complex regularly has pest control but they usually spray, which has never caused a problem.  Yesterday, the guy put down pellets (Essentria G).  My dog ate them.

The dog is alive because Essentria G is not lethal to pets directly (active ingredients are Eugenol and Thyme Oil).  However, it causes severe gastrointestinal distress, which my dog certainly experienced.  Bloody stool, bloody vomit, and severe dehydration due to that.

We took her to the emergency vet yesterday before we knew about the pellets.  The cost was approximately $500.  Today, my wife found out about the pellets and contacted the pest control company, who sent us information on the poison they used.

I'd like the pest control company to pay my vet bill if possible.  Can I legally require them to do that?

Answer:
 Were the pellets placed inside your apartment, or just in the common areas?

The pest control company likely has a term in their service contract with the apartment complex that requires them to use pet- and child-friendly pest control methods. You may want to discuss this with your landlord as well.