Title: [hypothetical][los angeles] Settle a bet for me about getting in a drunk driving accident.

Question: Suppose someone is driving while intoxicated, but stopped safely at a red light. While at a dead stop, another person rear ends the first person. Can the intoxicated driver sue for damages from the person who hit him, even though he wasn't allowed on the road in the first place?

Answer:
 > Can the intoxicated driver sue for damages from the person who hit him, even though he wasn't allowed on the road in the first place?

Sure.  The drunk driver's intoxication may be a mitigating factor, but the rear driver would likely still have some liability.

The drunk driver could still be charged with DUI/DWI.


Title: (Ohio) Is it legal for regional jails (not state prisons) to charge an inmate a "pay-to-stay" fee daily, and send unpaid bills to collections?

Question:
I was, unfortunately, a guest at a regional jail in Ohio for 180 days. Upon release, part of the paperwork given to me stated I owed approximately $13,000.00 to the facility, as part of a ~$72/day "pay-to-stay" fee. I believe the institution is privately owned, so I believe this is legal. My main concern, however, is that if this goes unpaid that it will be sent to collections and begin affecting my credit rating. I haven't even been out seven days and am already receiving calls on my phone about making payments. I refuse to pay $13,000.00 for having to stay somewhere I was forced to be at. I deserved the 180 day sentence, but $72/day is ridiculous.

Also, is a "pay-to-stay" fee legal for state or county run facilities, such as a county jail? This one is just out of curiosity.

Thanks!

Answer: Yes that's a thing in Ohio and yes your credit will be damaged if you don't make repayment arrangements.


Title: [WA] First time being evicted, first time being served with legal papers of any kind, first time being homeless as an adult with a kid - what do?

Question:
Hi, all,

I'm trying to prepare for what is sure to be an extremely hellish time in my life, and I'm doing this on a dedicated throwaway account so I can refer back to it when I need it, and in hopes that maybe it'll help someone else with the same sorts of questions down the line.

So for the legal advice end of things, my basic situation is this: apartment complex was expensive but do-able when we moved in, but it's changed owners several times since, and they keep raising the rent. The entire reason we moved here in the first place was to give the kids better opportunities than I ever had or they would ever have back where we were living in St. Louis County (next door to Ferguson, which probably tells you everything you need to know about that). We made it far enough for my son to graduate (with honors! score!), and were trying to hang on long enough for him to start college and be okay and for my daughter to do the same, but obviously, I failed spectacularly.

At any rate, I tried to pay the rent late a couple days ago, including late fees, only for the office to tell me they'd already submitted it to their lawyers, and the only way I could stop it was if I could immediately pay the additional legal fee on top of everything else, which I did not have enough to do. They would not accept partial payment or work with me, but it wouldn't have mattered anyway, because we got served with the legal eviction thingie less than 24 hours later, and even if I could somehow have come up with the additional money, we'd still be back in the same boat again come Dec 1st and have to start the entire process all over again.

My questions are as follows:

1.) It says we have until Nov 26 to respond in writing. I know from lurking here that I have to respond, and I absolutely will, but what does this mean? What do I write? I am not contesting the eviction, because I can't give them what I don't have.

2.) Will I have to appear in court? Once I'm out on the street with no address to speak of, how do I stay informed about what's going on?

3.) What can I expect after the eviction goes through? It says I will be responsible for all additional legal fees, as well as the money we already owe, but how will I have to pay it? If I can't pay them right away, what will happen to me? Frankly, I suppose I don't care so much about what happens to me personally anymore because I'm just so damned tired, but I have my daughter to think about at least until she turns 18 and can do stuff for herself.

4.) How do school districts handle homeless kids? I know that parents get in legal trouble for sending kids to schools out of district, but if the only crackhouse motel I can afford is out of said district, will she have to change schools anyway, making all of this utterly pointless?

5.) This will be on my record forever now, right? Is there a way to fix it if I ever magically have money again?

6.) Anything else I haven't asked but you think I should know?

Thanks so much for your time and attention. I appreciate everything you do here, both information and entertainment-wise. I'll likely never own a house with a tree or driveway, but if I do and someone gives me shit about it, at least I know where to go with my Paint diagrams.

Answer:
 You should contact your local legal aid office asap. There may be someone who can give you location specific advice. They may also be able to help prevent an actual eviction order.

Where I am, eviction hearings involve a single appearance. You show up, and the judge takes evidence they then issue a ruling. There aren't a lot of court dates involved. When I worked with legal aid the main defenses were technical violations of things like notice rules and filing issues. Again, contact your local legal aid. They may be able to prevent the eviction for a bit and buy you some time. If there was a defense then we could usually get clients an extra couple weeks.

I don't know how schools handle kids in these situations. You'll probably want to talk to them about it though.

As for when you have money, credit reports go back 7 years, and that's most likely where this will show up. Just put a solid seven years together, and this will be less impactful.Answer #2: I think that I can put your mind at ease a little:

>How do school districts handle homeless kids?

You want to look to the Mckinney-Vento Program.

Here is some information:  [https://www.highlineschools.org/departments/student-support/homeless-student-support](https://www.highlineschools.org/departments/student-support/homeless-student-support)

It is from a random school district, which probably is not your school district, but the information is applicable anyway.  And, they provide a McKinney-Vento Family Support Liaison number, which can probably help.

This program will actually pay for a Taxi to take the child to the school district they attended before being displaced, if necessary.

The program should help a great deal with the child.


Title: In WI, 1st grade teacher wants my son to repeat Kindergarten. Do we have the right to say no?

Question: [deleted]

Answer:
 You get to make the decision here assuming the child is in public school.

Is this a public school?

Holding kids back because they do not know a specific set of memorized words alone is highly uncommon. Although teaching kids sight words they cannot read phonetically in kindgergarden is common, I don't really get how that and this relate to the degree this could be normal.

I think that either this school is pretty terrible or a misunderstanding is present.


Title: Suing an unlicensed uninsured contractor for faulty work. Even if I win the case, what if he can't pay?

Question: And I think winning is inevitable. We go to trial in July for his failed mold remediation. My question would be about winning the case, but what happens if the contactor has no money? What if he has postured his assets? If he has been gifting his assets away leading up to the court case, is there any recourse to have assets seized, liens placed? I have a home that needs a huge deal of money to make it livable due to his negligence. Any advice on how to collect or any alternative? I reside in Indiana.

Answer: If he has no money, he probably files for bankruptcy and you get a few cents on the dollar.  If he's hiding assets, you can go after those either via bankruptcy or by locating them and putting liens on them, yes.


Title: My Child Support is never ending

Question:
The Support order is from Wichita Falls, TX. I live in Tulsa, OK.

**Background:**
I got pregnant and had planned to put the baby up for adoption, my ex who initially was going along with it, days after the birth decided to change his mind (due to parental pressure). He retained custody of the child with his parents. Eventually when she was 7 years old, I was ordered to pay child support. I have had nothing to do with this child.

I was told that his parents would take nothing from me, they just wanted the child to stay in their family. For years, I thought that was fine, as long as the child was happy.

When I received the child support order, I lost it. I was told I would never have to pay, and on top of it all, I had back child support on top of it. It seemed an impossible amount to pay.

I eventually got a job, and had made arrangements to pay off the back support at a rate where I would be done paying it off shortly after she turned 18.

**Current:**

In August, she turned 18. So I called and checked my arrears balance, which was about $8500, and I clarified that I had no more current support and would be paying it off at $115.38 a paycheck (thru payroll withholdings) until it was completely done. I figured this was doable and I was going to include the amount I was paying in current support to help pay the arrears off sooner.

On October 31st, I get a new income withholding order for $192 per paycheck, which is what I was paying per paycheck BEFORE she turned 18. I call and make sure there is nothing weird going on, OCSS says they received a new order to withhold at this rate until back support is paid off. I at this time confirmed my arrears.

On December 1st, I get a new income withholding order for $266.76, which is quite a bump up from before but I can manage for the time being, just to get this yoke off my neck that much sooner. It means less time with friends, it means tightening my budget.

So, I started watching my balance on wallethub, in early December the balance was $6,700. I checked again after my paycheck on the 12th to see that number go down. *It didnt.* That number had changed to **$20, 000** approximately. I immediately assumed some sort of error, so I waited until the following Monday and called OCSS to get the balance from them hoping to get the ~$6,300 I expected. Nope, their number was **$19,000**. I immediately asked how this was happening when it had just been $6700 earlier that month, where did another $13k come from when there is no current support now.

I was told that I could send a written letter to dispute it. At this point, I am depressed and full of anxiety. I was just seeing the light at the end of the tunnel, it was going to be done in a little over a year. Now, I am looking at 75 paychecks longer to pay that number off, that is nearly 3 years, and that's not even considering interest!

I have done all I can to be responsible and pay for my mistakes, I was a child when I had her, and I was trying to make the right choice. Everyone looks at me as a monster when I deal with the OCSS people. At this point, I feel close to suicidal over this, I live in a shit hole, I drive a shitty car, I cannot AFFORD to better myself and my future until this is behind me. And it feels never ending.

Edit :My problem is I don't know where to go from here, what to do about it. Lawyer feels impossible because I am barely slipping by as it is.

Edit 2: Thank you very much for the helpful advice, I just want to make clear that I am not upset about having to pay child support. I have come to terms with that a long time ago. I have been paying consistently for over 10 years. Never missing a payment in that time. My problem is the large jump in the arrears when I am supposed to be almost done paying the support. There is no current support because my support order states at the age of 18 I am done.

Answer:
 Send the written letter asking how the amount jumped from just over 6k to almost 20k. It might just be an error that is easily resolved.

Have you tried to ask legalaidok.org for help? They have an office in Tulsa you could maybe call and ask for advice/help/what to do...Answer #2: What % of your total pay is being taken out for child support?  It sounds like you're paying about 5k - 6k a year in support if you're paid every 2 weeks; that's hardly unreasonable and it takes a lot more than that to raise to child. As far as the bump from 7k to 20k absolutely follow whatever their process is to find out why. And please don't kill yourself. Someday when your child is an adult they may want to have a relationship with you and you want to be around for that.Answer #3: I'd recommend contacting a lawyer if you have the money to afford one.Answer #4: Were you under 18 when you had the child?
I'm having a hard time finding specifics in your states, especially with retroactive laws. Do try the legal aid recommend by another user, the most they can say is no to helping you. Something I would specifically bring up is reviewing you back-pay. From my understanding they cannot collect child support from you from child's birth- your 18th birthday. So if you were a minor, and this wasn't already factored in, its something that might help.
Answer #5: You need an attorney in whichever area the most recent order is from. If the order is from Wichita Falls, you need a family law attorney there who can assist you.


Title: Recently Discovered Daughter Has Autism - How Does Switching Jobs Affect Health Insurance

Question:
I am a CPA and work for a large international firm. It is a good job, but requires a lot of hours, so I was in the process of looking for something with a bit more balance. I've received a lot of interest and even some offers, but during this process my wife and I discovered my daughter has autism. Obviously this has changed my focus and now health insurance is a top priority for me. I've read the HIPAA laws and if I am understanding them correctly, I should be OK to go to another position and not be denied healthcare based on my daughter's now pre-existing condition because I've had qualifying coverage for the past 12 months. However, I am a bit afraid of making any jump now. Am I going to be more expensive to my employer? Will they know how much I am costing the health insurance companies? I also feel kind of bad about making a switching. I've been paying into this group health insurance plan, so I feel like this is what I've been paying for, but i've not paid anything into the one if I switch jobs.

Edit to comply with BOT message. My current Location is Oklahoma

Answer: If you're in the US pre-existing conditions aren't a consideration anymore because of the ACA.


Title: How much trouble can my parents get into?

Question:
My family has a total of 4 children. 2 of them are in college and 1 of then is going to college next year. We hit the magic middle class where we make enough to not qualify for financial aid, but not enough to put all the kids through college. So my mom and dad filed separate tax returns and claimed that they were separated but not divorce. The three kids that are going/in college are all declared dependants on my dad (the lower income of the two). We filed Fafsa using only my dad's income and tax information. The two in college were granted a lot of financial aid because of this and my parents plan to keep this up until the 3rd child finishes college in the next 5 years.  Oh I should also note that my parents are not actually separated.

My question is how much trouble can my parents get into? I'm worried that something really happen only because my parents didn't want to have their kids take huge debt to go to college. What should we do to fix this? Thanks in advance

Answer:
 > My question is how much trouble can my parents get into?

A shitload.

That's at least 2 different kinds of defrauding the federal government. Your parents need to get with a good tax attorney if they want to have any hope of sorting this out before the IRS decides to shit upon them from a stupendous height.Answer #2: Even if your parents love each other very much and still live together, it is possible (I guess) for them to become legally separated if that's allowed in your state.

If they did that, then they can say they did that on the financial aid forms without too much trouble, I think.  If they are NOT legally separated (under whatever definition is used) then there is a decent chance that they committed fraud and could be facing fines and felony convictions (and maybe prison).


Title: Parents tried to claim that all of my stuff is theirs when I moved out.

Question:
Im a late bloomer. Got a really good paying job at 25 but stayed in my parents place until I was 32 because I like money.

This weekend I moved everything out of my room in their house to my new home. They called me stating they were going to call the police if I did not return "their stuff."

Bit of back story, I planned on moving out since Feb and have been making arrangements for this to happen since. Got a sweet deal on a home in north dallas area and planned the move for memorial day weekend.

Problem arose Thursday when my parents stated that they would not let me take the stuff in my room as it legally belonged to them. I told them I paid for it all and they did not care. Stated that it was in their house so it was theirs.

Monday comes and family is gone to a memorial day BBW. I went with my girlfriend and the moving crew and grabbed all of the stuff out of my room and the house. Computers, guns, clothes, bed, computer desk, futon, and minifridge. All purchased by me. I left the nightstand which was theirs.

I had a key and have been told, as recently as that morning, that I can come and go as I please. Have that in a text message from my mom so trespassing is a non issue.

We got it over to the new place, threw it in the garage and joined our family at the BBQ.

Today my family, obviously, found out and have been blowing up my phone and my girlfriend's phone.

Not really wanting to spend money on an attorney here. Right now its just threats and I doubt they would do anything about it. They are more entitled in nature than in action. I am just looking for the specific laws in Texas regarding ownership for things like this.

My parents are crazy to think that their house means they own it right?

Answer: Just ignore them. If they call the police just explain the situation. The police probably deal with this all the time, and will see through your parents bullshit.


Title: What happens if I get a restraining order against a neighbor in my apartment building? (MN)

Question:
I'm not ready to do this yet, so it is kind of hypothetical, and I don't even know it it belongs here. But If I were to get a restraining order against the person who lives across the hall from me, how would that work? Would one of us have to move?

Backstory:

I didn't know this person until about 3 years ago when I moved into the building. They had moved in about a month before me.

This strange person has forced gifts on me, literally dropping them inside my door when I open it and then walking away. They will leave things outside my door. And yet they have taken one of my packages, only giving it back when I confronted them. They claimed they took it inside because they were "worried someone would take it." I had been away from home less that 3 hours total; the package would have been fine.

They have accused me of stealing clothes from them, even though I have never been inside their apartment and there is no shared laundry. I am not sure how I was supposed to have stolen these clothes. Telepathically?

They keep track of my guests comings and goings and interrogate them about eho they are and why they are there to see me.

And the latest is that they have taken to sitting and standing outside my front door to eavesdrop.  I only became aware of it because I put a security camera up in my peephole after the package was stolen.  I don't actually know how long they have been doing it, but now strange comments they have made about things they should have had no way of knowing make a lot more sense.

Some of these things are documented, and I know I need to start documenting everything.

MN does have laws against stalking, but I don't really know if this is to that level or not. It definitely in an invasion of my privacy and makes me uncomfortable and causes distress.

So that is where my question about the restraining order comes from. How could they be kept away if they live directly across the hall from me?

Answer:
 > How could they be kept away if they live directly across the hall from me?

That becomes their problem, not yours.  A temporary order would impose some restriction on them -- 500 feet or 1000 feet or whatever is typical for your state and county. Generally, within 14 days there will be a formal hearing to determine whether the order should be made permanent (typically 1 to 5 years, but could vary by state).

Balancing the burden on the restrained party against the fears of the protected party can be complicated, but if the order is granted it is generally indiscriminate.  "Stay away 1000 feet" probably means the person would have to move.

This behavior is concerning, but only you know how threatening it feels. Making sure other people (friends, family, coworkers, etc.) know about it might be a good idea.  Talking to local aid resources or even a lawyer to find out what the basic requirements for a RO are in your area, and how likely it is to get one could also help.


Title: Handling anti-gay protestors at church in Mn, USA

Question:
I'm the pastor of a small church in Minnesota. Other churches in my same city have had visits during Sunday morning worship from anti-gay protestors who object to the churches being LGBT affirming.

I'm trying to put a plan in place to keep my congregation safe if this happens. I know the best thing to do is not engage, and to keep as many people away from the protestors as possible.

During the Westboro protests in Laramie WY when Matthew Shepard was killed, counter-protestors made 12-foot frames for white sheets to block the Westboro signs from being visible. Is this legal in my state? What else can I do to reduce their presence while acknowledging they have a legal right to the sidewalk?

Answer: I’ve dealt with these people personally. We used to train silent witnesses to stay between the protestors and the churches. We also would support a relevant charity and show a movie or something to make the entire thing positive. I am sure if you reach out to any LGBT community groups in the area they will be happy to help. The key is to avoid violence.


Title: A co-worker has been trying to get me fired he claims to have recorded me by audio for months? What can I do? [Texas]

Question: I've been harassed by this individual for months and I've brought it to the attention of my supervisors now he claims to have audio recordings of me what can I do about it?

Answer:
 If you believe he illegally recorded you, you can report him to the police.  Texas is a one-party consent state, so he can record any conversation where he has the consent of a party to it.  So he can record any conversation he has with you without issue.  He can also record any conversation someone else has with you if that person consents.

You can continue discussing this harassment with your supervisors.  Depending on the situation, there may not be any requirement on their part to take action.


Title: Inheritance questions.

Question:
Hey everyone, so sadly my wife's grandmother will be passing quite soon. Multiple types of cancer through her life and these last 2 are what's going to end up killing her. I'll spare you the details, but in the end, she will be passing here pretty soon. We talked with her before she went into hospice care and she said she has things set up to where my wife and I get 1/3 of her estate. And my wife's mother will get 2/3 as she is still caring for my wife's two younger sister. We think this is fair and have no qualms with it. She also said that she has it set up to where when it gets transferred to us it won't be taxable. I don't know if this is a thing or not please let me know.

Now the thing is at the start her mother seemed upset she was not getting the entire thing, and now that the grandmother is in hospice care my wife's mother is taking care of the finances. Paying all the monthly bills the grandmother has, now including hospice. When I talked with my wife's step dad about the finance situation to ask if we needed to be present for anything, sign anything etc. He said that because my wife's mom was in charge of the finances, when she passes, All the money will be going to my wife's mother then she will transfer 1/3 of that to us. My question is, what stops her from transferring less than what her grandmother wants us to have. And what stops that money from being taxed if it's coming from her mother instead of her grandmother.

I'm very confused about how it's being handled and I want to make sure that we're not getting screwed over by my mother-in-law that I don't trust to begin with. I feel bad talking about this money we will be getting while her grandmother is slowly passing in pain :( but it's something that needs to be talked about and it seems that everyone wants to be hush-hush about it.

TL;DR wife's grandmother passing, leaving a large estate that is to be split 1/3 - 2/3 and am confused on how it's being handled by my MIL.

Thank you everyone in advance!

Answer:
 Is there a will in place?

If so, and the will clearly states who gets what, if the will is not followed you would sue the executor in civil court and a judge would sort it out.Answer #2: After your grandmother passes, her executor will consolidate her assets into an estate account, pay off any debts, then divide the remainder according to the will.  You should get a detailed accounting that shows exactly where all the money went.  If you need help at that point, call your local bar association and ask for a referral for an estate/probate attorney.


Title: House arrest and can't go to work--losing income

Question: My boyfriend missed his court date in PA for driving w/o a licence and went back a month later to pay the fine (he works/lives in dc)They said a warrant was issued for his arrest and because of that, they placed him on 1 month house arrest until next court date which isn't for another month.  He offered to pay all fines, but they declined. Now he can't go to back to work until after the court date.  Can he get his court date moved up? Should he get an attorney? A month seems outrageous for a traffic violation and to be on house arrest while losing income.  He has zero priors and a good work history and his house arrest is taking his parents house in PA.

Answer: He isn't on house arrest for a month because of a traffic violation. He's on house arrest because he failed to appear in court and a warrant was issued for his arrest. Judges are not happy when people don't show up.


Title: [PA] Girl wants to sue me for football tickets I couldn't get her although I refunded her money

Question:
I attend a university with a hugely popular college football program where it is extremely difficult to get season tickets. I figured that I could make some extra money by selling mine after I got them (not against school rules) and contacted a girl who was offering me upwards of $400.

She paid me upfront through Venmo but unfortunately an internet problem prevented me from getting said tickets. I told her about it and immediately refunded her money. She was initially understanding but texted me back 15 minutes later saying that she was going to sue me in small claims court for "specific performance" due to her suspicions that I sold the tickets to someone else.

I had already refunded her money completely and promptly and there was nothing signed or anything that guaranteed her those tickets....does she have a leg to stand on? Can she sue me because I didn't get her the tickets?

Answer:
 Specific performance is generally not an option in small claims, although I'm not as familiar with PA's rules as with others, and in any case if you don't own the tickets she wants then there's no way you _can_ give her the remedy she wants, court order or no.

As far as a money judgement goes, she's very obviously owed a refund, which you gave her; any further damages would be on her to justify, and I can't think of any reason she should have any. Even in the event she had to pay someone else more than she offered you, that difference likely isn't your problem.


Title: Should I stay or should I go now

Question:
Tl;Dr wife of 13 years says she no longer loves me and left. She told me to move out so she can return because she can handle the bills and I can't.

My wife and I have been together for 20 years. Married for 13. We have 2 beautiful children.(14f/7m)
When we had our first child 14 years ago we decided to have me be the primary care giver because my wife had a college degree and I had dropped out of highschool. I would take care of the kid and home. She would work because she made more money. So for the last 13 years I have been the primary care giver for our 2 children (14f/7m). So for the last 13 years I have been the primary care giver. Get the kids up for school, feed them take them to school. Here when they get off the bus, make dinner, clean house, get the kids off to bed. Be here for them in the summer. Changed diapers, go grocery shopping, school shopping, go to all the functions. I took my daughter to all of her events, take my son to all his events, scouts for each kid, volunteer at my son's school. Volunteer at the events. Etc... I recently discovered she was making pornography on Kik for strangers, at this point she told me she loves me but is not in love with me. She has left the house and is staying with family. She has been pushing for me to live at a family members house in a shed that currently has no power or water. She has told me that if I don't leave she will rent an apartment and I will not be able to pay the bills.  She has told me she can pay them all by herself. She made 52k last year and I made 10k. I have worked the majority of our relationship around her and the kids schedules. So basically part time during the school days. She has started her own bank account. I do not make enough money to pay the bills.  She has told me to move out repeatedly because she can handle the bills and I can't. This has been about 6 weeks ago and the bills are all late. I can not afford an attorney and I don't know what to do. In our home state of SC we need to be separated for 12 months before we can get a divorce. The legal advice I need is "what do I do in this situation?"

Answer:
 > I can not afford an attorney and I don't know what to do

Start consulting divorce attorneys if you haven't already. The stay at home parent situation you describe is not at all uncommon

Divorce attorneys commonly work on payment plans, so you may not owe anything til later on, once alimony and child support are established

----

If you've already tried that and still can't find an attorney that will work with you, look into whether or not you're eligible for legal aid and similar free/low-cost legal services


Title: My son's citizenship

Question:
Hello!

My wife and I currently live in New York, where I have been working for the past three years. We are not American citizens, and are planning to move back to our home country sometime early next year. My wife is almost 9 months pregnant and due early in October. Ideally, we would have liked to go back home for the birth of our son, however, due to work and my wife's uncomfortable third trimester, we decided to have the baby in New York and have our parents come here for a bit.

Our issue is that since we have absolutely no interest in living here (or even moving back here in the future), it makes no sense for my son to have an American citizenship. However, I understand that every person born in the US is automatically an American citizen. I absolutely do not want him to be an American citizen as it will add an unnecessary hassle when we move back home. Furthermore, my parents will include him in their business, meaning he will earn a certain percentage of the business earnings and this will push his 'income' to more than $10,400, meaning that there may be some tax implications to this.

Is there any way for him to not become an American citizen? Any advice is very much appreciated!

Thank you for your time!

Answer:
 If your born here your automatically granted citizenship. If you are adamant about your newborn not becoming a US citizen why not send your wife back home? Answer #2: >EDIT: I also forgot to mention, my home country does not recognise dual citizenship, so does change things?

No, your home country can refuse to recognize dual citizenship all they want but to the US your child will still be a citizen.Answer #3: The only way for your son to not become a US citizen is for him to be born not in the US. If he is born in the US, there is no legal recourse to prevent him from becoming a citizen by birth. The only way US citizenship can be surrendered is by that citizen, and only after they turn 16.


Title: Help! I was pressured and misled into signing a lease with a couple. It went bad.

Question:
When I moved in, among other "rules" they proceeded to tell me that our one common area (kitchen/living room combo) would be used as her base of operations for her web-based business 5 days a week. The only reason I agreed was because it was one of my best friends and his new girlfriend. Also, I was moving back to CO after having been away for 6 months so I trusted him to tell me what the real conditions would be. I tried to sublet and the only way our lease would allow it is if all parties agree, which they will not. I was pressured into moving out and I've been living elsewhere for almost 6 months and they're still pressuring me for money. What legal action might I have or will I just have to pay them?
Edit: Perhaps a better question is what legal action could they have. They have been paying full rent since I left.

Answer:
 Your story is very confusing.

* you signed a lease with other people

* things sucked

* you were *pressured* to move out

who pressured you to move out? What was the understanding in regards to this and the lease?Answer #2: Legal action for what? How did they mislead you?


Title: Am I liable for damage in event of fire? [Utah]

Question:
I am renting a place in Logan Utah. My place has an oven in a awkward place. I decided to move it but to move it i needed a 50 amp extension cord. I made my own by getting 50 amp wire and female and male plugs. I am running 25ft of cable from where the original 50 amp outlet is up the wall along the ceiling and back down. The oven works just fine.

However when I talked to my Dad he said that if for some reason I were to have a fire due to the cable I would be liable for all damage and my renter insurance wouldn't pay for any of it. When I first moved in I mentioned to the realtor that I intended to move the oven and run an extension cord and they said it should be fine as long as I put it back when my lease was up.

Is there anything to this? Would I become more liable then if a fire started due to the preexisting wiring? I highly doubt it is going to cause a fire but if it does I don't want to open myself up to paying for all the damages.

Answer: Extension cords are generally not listed, labeled, or rated for permanent use, especially one you made yourself. Yes, you would be liable. Also, this is incredibly dangerous.


Title: Ordered a product online 2 weeks ago and still hasn't shipped and seller keeps backpedaling

Question:
I'm in Michigan i ordered a cell phone case from a supplier on Twitter. Not sure if i'm allowed to mention the company but if i am let me know and ill edit my post.

Anyways i contacted them a week ago and he said he would ship it out that day first thing and nothing has happened. No shipping notification.  I messaged him again and told him i'd like a refund. I have no use for the case anymore since i bought another one. Seller is no longer replying to my messages on Twitter. Am i screwed out of $22 here?

Answer: File a chargeback on your credit card.


Title: Is this legal? This can't possibly legal. It appears to be in the Berkshires in MA.

Answer: It somewhat depends on the nature of the relationship between the sign's author, the building's owners, and the residents, but it's _very_ likely to be unenforceable in most situations I can think of. If any of the residents have mobility-related disabilities, then the sign is also, in and of itself, a very bad idea.Answer #2: What happens if 10 people get on the elevator at the same time?  Do they argue about who scans their card?Answer #3: NAL... but based on experience, this is not legal. The opposite would be potentially ( charge in lease then discount if you don’t useAnswer #4: This is a lawsuit waiting to happen for sure. I hate landlords.Answer #5: I'm sure a person in a wheelchair might take issue with that lol


Title: [MI] Is the Simpsons porn illegal?

Question:
I was on Facebook the other day and one of my friends accidentally shared a picture to his post. It showcased a picture of Bart Simpson having sexual intercouse with Lisa. I realize that they’re not considered humans but Is that illegal?
Topic:
Criminal Law

Answer: No, that isn't illegal.


Title: Fiancée mom wrecked a car and my fiancée has to pay due to no insurance. HELP!

Question:
So this isnt related to me but to my fiancée.

Years ago (before we got together) she got a car for her mother, but she got the car in her (my fiancée) name, since her mom's credit was bad.

Well mom got into a car accident with the car and the accident was her fault. Mom was supposed keep up the insurance and have insurance on the car but didn't have insurance on the car. The people whom she hit did sue. Needless to say this reflected solely on my fiancée. Her mom hadn't offered nor paid a penny to help.

My fiancée was making monthly payments up until last year when she was out of work. Since she was unable to make payments she has lost her license as a result of not making the payments.

Recently she contacted the law office who is basically the middle man between my fiancée and the insurance company of the other person. They gave payment options but either the down-payment is high and monthly payments are low or the down payment is low and the monthly bill is  extremely high.

What options do we have as we are intending on having a wedding this year and this is a major issue and rubs me the wrong way on so many levels. Her mom isn't going to help at all so that's not even anything g to consider.

What options does she have?

TL:DR- Fiancée got a car in her name for her mom. Her mom hit someone and didn't have insurance on the car and my fiancée has to make monthly payments because her mom isn't doing anything to help. What can she do?

Edit:

North Carolina, US

Answer: She has to pay the debt. She can sue her mother for the amount.


Title: Sirius XM Fraud

Question:
Posting from Akron, Ohio, in the U.S.

New to this – hoping this is the right subreddit for this kind of thing.

Just this morning I was checking my debit card account online. I saw I had a $44.95 charge from Sirius XM in New York. There was a number in the same line of that statement, so I called it.

I have never had dealings with Sirius XM whatsoever. I have never made an account or even thought of making an account. I have no way of even listening to Sirius XM. Yet the charge was on my account.

The first thing they tried to do was find my account. Obviously, no matter what information I gave them (phone number, name, even my debit card number against which the charge was placed), they could not find an account – because I don't have an account.

And *neither* is any account linked to my debit card.

In fact, they *couldn't even find* the charge placed on my card.

Yet there it is. I went through a round of about four people and spent an hour and a half on the phone. (I am still on the phone in fact.) The representatives I spoke to were from the Philippines. I kept reiterating that they must refund the money to my card, and that it was a fraudulent charge.

They kept saying, in response, that there was no account connected to the card, so I could not get a refund, and would have to go through an investigation in the fraud department.

In response, I demanded that they give me a refund, for if they didn't need an account to *charge* my card, neither did they need an account to *refund* to my card.

After endless transfers to "bosses," all of whom, of course, threw their hands up in the air and declared they could do nothing, I am on hold again, waiting to speak to an American representative.

They gave me a fax number and told me to send a copy of my bank statement and a cover letter with all the information, and that I would be gotten ahold of by Sirius XM once I sent in the fax. Then the investigation would start, and I would *possibly* get my money back.

I asked for *anyone's* contact information in the fraud department, as I was not willing to send my bank account information willy-nilly to some fax number. The lady I was speaking to said there was no way to get ahold of them – they would only get ahold of me after I sent in the fax.

I asked the lady for a way to contact her, so that I would at least have one person to reference if things got serious, or if I needed accountability. She said there was no way to contact her. She had neither a phone nor an email...

She did give me her identification number though.

What the hell do I do now?

Update: they just hung up on me when I was on hold.

Answer: File a chargeback with your bank or credit card provider.


Title: New York - Defense Problems

Question:
Can someone agree with me I got screwed over here? So a few months ago I was charged with grand larceny 2. Basically I took a car from my body shop to take a girl out and the police came and found me. Now I get it was bad but I was gonna bring it back after. The shitty part is because the dude was gay they said it was a hate crime too which my lawyer said made it worse.

Now thanks to that lawyer Im on probation for like 4 years. Nothing had anything to do with the dude being gay and I was bringing it back so it wasn't theft. Why did my lawyer refuse to actually fight anything and fuck me over?

Answer:
 Probation for 4 years for stealing a car seems about right.

>  I was bringing it back so it wasn't theft.

Yea it was.Answer #2: >Basically I took a car from my body shop to take a girl out and the police came and found me. Now I get it was bad but I was gonna bring it back after.

I'm genuinely surprised you're also not being sued by the owner of that vehicle.

>Nothing had anything to do with the dude being gay and I was bringing it back so it wasn't theft.

If I steal $1000 from you, and I promise to bring it back, is it then not theft?

>Why did my lawyer refuse to actually fight anything and fuck me over?

4 years of probation is a pretty lenient sentence for a violation which could've gotten you convicted as a felon. Answer #3: You were found guilty of grand larceny in the second degree and only got probation for four years?

From what I can find the that can be punishable from 5 to 15 years. Lucky for you there is no minimum sentence for first time offenders.

I don't think you got screwed over here. Answer #4: You make me lose hope for humanity.


Title: [HOA] Being fined by HOA under false claims.

Question: I live in a townhouse community and I’m being fined $100 dollars by my HOA under the claim that I run my dog off leash while biking. These are false claims and I 100% have my dog on a harness when running him. I have testimony from neighbors that I leash my dog as well. The claims have no physical evidence and is based off of bystander hearsay. It isn’t backed by anything like pictures or video and if anyone can make a claim without evidence this can be a slippery slope. What are my options?

Answer:
 What do your HOA bylaws say about how to challenge an HOA fine?  Usually there is something about the dispute resolution process.

If you really want to push hard, you can try sending them a certified letter stating that you dispute the accuracy of this fine, that you want the name and address  of this "eyewitness" as well as the full details of the testimony (including time, date, and location of what the eyewitness allegedly saw), so that you can properly defend and refute the accusation, and tell them that you are going to be filing a challenge pursuant to whatever the dispute resolution process is in the bylaws.  Tell them that they have a week to respond to you in writing with either the information requested, or confirmation that the fine is being dropped. Answer #2: >and is based off of bystander hearsay.

Witness testimony is evidence.


Title: Construction on my apartment roof starting at 7:30am

Question:
I'm in CA. My apartment manager called and said we would be having construction for the next month on out roof. She said there is asbestos up there and if they puncture we need to evacuate immediately.

They said construction would be 9-6pm (reasonable) but today is the second day of work and they started at 7:30am. I got it on video on my iPhone. Anything you recommend I do?

Answer:
 You can talk to your apartment manager.  But, in all frankness, unless there's an ordinance violation in your local area 7:30 isn't an unreasonable time to start.Answer #2: You can check local noise and building ordinances for your city to see about limits on construction noise.

7AM-11PM is typically allowed to be "noisy".


Title: My ex supppsedly took me to court for child support/custody last year but I was never notified. [California]

Question:
I was told by a mutual friend that he took me to court. She told me they had gone together to file the paperwork and she had paid for it. She said the woman who had filed it said I would be served, and we all would be notified of the court date.  I was never served papers or otherwise notified about this court date we had. I'm worried that I might have a warrant out for my arrest for missing this court date.

I've tried looking for the information on the case on my county's website, but couldn't find anything. I searched my name for arrest warrants, but couldn't find that either, at least, not without paying.

My question is, is this something I have to worry about? Will this allow him to present me as an unfit mother to the judge? Or am I worried about nothing?

Answer:
 If you were not served, it is unlikely that this is going to be a problem for you.

Though I'm very curious why the woman who filed it said that you would be served, since usually service is left up to the [plaintiff in a civil case](http://www.courts.ca.gov/1194.htm#acc11433).


Title: Just fired from my job after boss set me up (FL)

Question:
Let me start of by saying I know what i did was wrong,once I did it it was immediate regret, but there was no turning back once I hit send.

So, I work in a busy  restaurant, tables turning constantly. My managers tell us to get the payment off  the table immediately. I'm very aware kf the necessity of this. And I do so 99% of the time. The other percent its understandably impossible.

Saturday, I completed the transaction set the checkbook down for the guy to sign. I walk to the bar to deliver a drink to another table, because I would've made things weird if i stood waiting for him to sign the check, plus were busy so I thought it would be best to be efficient. By the time I come back the table was bussed with another man sitting here waiting to be served. Under a few minutes.  Okay cool, but after looking around, even in the trash, I could not find the receipt. I asked my manager who i found out bussed the table where he put it or if he knew where it was, all i got wad a "nope". Look in the tash a little more, try to make it obvious I was a little annoyed with my manager because he's the one who  "misplaced" the money, but I didn't make a big deal... It is, at the end of the day my responsibility... irritated about this at the end of the night i input a %18 percent tip after a little pressure from the girls I split tips with. The guy loved me and I assume he tipped more than 20%, because people usually do here. Checkout. And leave with much paranoia.

I had a day off, and now today i go into work, clock in say hello to everyone (including GM) and start setting up the restaurant. An hour later, once we're set up and the doors are about to open the GM says he needs to talk to me. Shit.

He asked what happend with the payment the other night. I told him the truth, said I was sorry, i shouldn't have, etc, I didn't try to deny or make any excuses. He explained the manager purposely and intentionally hid the checkbook in the office. And I lost my job. He said it's considered stealing what I did in the hr handbook and there is nothing they could do to save my job. (So I assume I'd fail if I wanted to apply for unemployment)

The thing is, my boss intentionally hid my money(receipt) in the office (stealing from me?), And lied to my face when I asked him if he had seen it or where he put it.

Then, they say nothing allow me to clock in, work for an hour setting everything up, then have me leave once they are ready to start their night. Also would not let me take my tip money until i come back the next day with the uniform that "cost 200$". They were going to give me my money, even asked if I wanted it!! I said "yes" GM gets up to get it for me from the safe. Then immediately they change their mind (3rd manager is in the room w us, not the one who set me up) saying they're holding my money for collateral (dress cost $200 statement). To which I believe is illegal, I didn't say anything, kinda paused in a "what the f*** i know that's illegal" moment . But signed, exclaimed again i was sorry this happened, I enjoyed working here. Have a good night,I'll bring the dress tomorrow.", left tje office, collected my things, gave the girls a hug, wished them well and left.

I have gotten nothing but positive feedback since working there for a bit over 3 months, I get along so well with all the employees, I really enjoyed going to work. This boss that entraped me even said that he and others were always glad to see me on the schedule. I have done absolutely nothing for them to suspect me doing anything wrong, I follow all the silly rules, I've never done anything even close to this before and the only time I've lost a check slip was once when I first began working there, when my coworker bussed my table and threw my check away (we split tips so she did not do this on purpose) so this wasn't an "issue" with me. I even just completed my work "probation".(everyone is on probation for first 3 months)

I'd like to know what my best course of action.  I'm going in tomorrow to return the dress and get the cash tips I've earned over the past two weeks. Even tho I'm angry that i was set up,lied to and basically extorted, I asked them if there was a possibility I could apply again/ if they would have me since I simply really enjoyed the job, they said they'd call hr and get back to me.

Even tho I think the way they handled things was egregiously wrong, and I shouldnt have been put into such a situation, I would still rather figure out a way to keep my job there.

I did mess up and throw away my time slip for today, have never been in such a situation, was upset and not thinking. It would have said I worked about 1 hour. When I'm asking about how much money i made over the week (because we can't see how much we make on check unless we ask due to splitting tips) im going to make sure i got a split from today.

So far my plan is that Im going to show up with the dress, ask for all the info w tips I've made, make sure i get a little tip out for that hour worked today, and have them write up exactly what happened/how the manager withheld my tips and lied about it THEN handover the dress and go to whoever is in charge of the HR department for my location and file a complaint.

Answer:
 You stole from the company so you are almost certainly not eligible to be rehired. What your manager did was messed up but that doesn’t change your actions.

You seem to interweave a lot of “excuses” to deflect from your decision and your action. If you can learn from this not to risk your job for something insignificant in the future and all you lost was a restaurant job then it’s not all that bad.Answer #2: Do you have a legal question?


Title: [CO] Friend is potentially being taken to court over his dog by the dog's original owner.

Question:
A dear friend of mine had a skinny, dirty dog follow him home about a year ago. He cleaned the dog up and checked craigslist as well as the local humane society, but never found his original owner. While on the search, he noticed the dog showed signs of abuse (reacts defensively to fast movements, etc) and stopped searching. They were immediately inseparable.

One of the things my friend loves to do with him is take him on long walks. He takes him to their favorite park and through the neighborhood he was found in regularly. Last night, while walking through the same park they had been through hundreds of times, my friend was waved down by a man claiming the dog was his. They took a trip to a vet today and verified with his chip.

The previous owner is trying to take the dog back, as far as we can tell. He has not registered him in two years. My friend has proof that he has been caring for the dog over the last year, such as photographs of the dog the day he decided to follow my friend home and many thereafter, some receipts, etc.

My friend is devastated and I want to try to help. If anyone can give some advice about what laws to look for or maybe even how we may be able to fight this, please let me know!

Answer:
 >They took a trip to a vet today and verified with his chip.

I'm actually surprised the humane society didn't find the chip if your friend actually took the dog there as it's pretty common practice for reported lost pets to check for a chip.

The original owner could sue for the dog since he can prove he is the original owner and the time period for recovery of lost property hasn't expired. The humane society or the first visit to the vet should have found the chip to begin with so even if that time had expired I could see a judge still ruling in favor of the original owner.

Also if the court does award the original owner the dog then your friend can seek repayment for costs due to the bailment of taking care of the dog.  Answer #2: Your friend found a lost dog and stole it, he has to return it now.  That's why you take stray animals to have their chips read BEFORE keeping them.

> he noticed the dog showed signs of abuse (reacts defensively to fast movements, etc)

Lost domesticated animals often show signs of abuse because they're usually starving and scared because they're lost.  Hell, I found a lost dog last week that was hiding under a truck scared for it's life.  It turned out it lived a few blocks away and had been missing for about 5 hours when I found it.  Answer #3: If the owner actually files a claim, see if your friend can file a counter-claim to be compensated for the cost of caring for the dog for a year. That may be a deterrent for the original owner. If it's not, at least your friend could try to get his money back.


Title: Happy Endings

Question:
A quick question about happy endings ...

If one were to pay I'm advance for a happy ending, say as a tip for the massage ($50+$50) would that happy ending then be legal, considering you can argue that you were simply tipping them, and not exchanging money for a sexual service?

Answer:
 You can argue that, sure.

No one will believe you, as the "I was paying her for funzies and not for sex" excuse is commonly used and just as commonly rejected.Answer #2: Nope there was still a valid transaction so long as there was a meeting of the minds of what was t be expected. Many services require you to pay upfront.


Title: Got milk? Got advice? Etsy email

Question:
I just got an email from a US law firm, I'm based in the U.K, telling me to remove my products which have an illustration of a cat on saying Got Milk? as it is an owned trademark.

Here is a link to my product

https://www.etsy.com/uk/listing/491190709/got-milk-keyring

I am a small time illustrator, am I being bullied? What will happen if I don't remove my product except from them telling me that they will contact etsy for copyright enfringement?

Got advice?

Answer:
 Got milk? is one of the most recognizable ad campaigns of the last 25 years. This isn't a fight you are going to win. Answer #2: If you don't take it down, Etsy will happily do it for you.Answer #3: "bullies" ?

Remove that item and hope Etsy doesn't ban you.Answer #4: [The phrase "Got Milk?" is a registered trademark](https://trademarks.justia.com/850/46/got-milk-85046683.html). There is no "fair use" exemption for trademark infringement.Answer #5: Copyright infringement can get your Etsy account shut down I imagine. You could theoretically be sued.


Title: My girlfriend JUST got hit by a car while she was in a cross walk.

Question:
She is in the ambulance on the way to the hospital now. She was awake and responsive.  Would contacting a personal injury lawyer be advisable?
Topic:
Personal Injury

Answer: Right now, no. Focus on her health. When she is feeling better and you know the monetary and physical damages, then think about an attorney


Title: Am I an idiot for wanting to represent myself?

Question:
I'll try to keep this short.

&#x200B;

So back in August 8th I placed an order for a couch on IKEA's website. They charged my card the full amount of  $865.34, and gave me a delivery date that was a few weeks out. On the delivery date they only delivered three of the eight pieces required for putting together my couch. Nobody had told me I'd only be getting a partial order. I called to complain, and was told that the remaining pieces would be delivered the following day. They weren't. When the next delivery came, I STILL wasn't given all of the pieces of my order. I tried calling IKEA twice and was told that the wait time for an associate was "one hundred seventeen minutes". I never got through to anyone. I emailed them - no response there either, and I still didn't have my couch. I sent them a message on Facebook, telling them that I'm done, and I just want a full refund and for them to pickup the couch. A week passed with no response, so I filed a complaint with the BBB. IKEA responded promptly to that complaint, and then to my Facebook message as well. On August 22nd they told me that they would pickup the incomplete couch on September 1st (which they did), and then they could issue me a refund. Roughly one month passed with no refund and no word back from them. On October 12th I asked why I hadn't yet received my refund. On October 15th they responded, apologized, and said they were working to complete the refund within 3-5 business days. Today, October 23rd (six business days later), still no refund. I sent them another message this morning but still no response.

&#x200B;

I'm considering filling out a complaint form at my local Maryland District Court, and representing myself. I have thoroughly documented EVERYTHING involved in this entire process. I've noted every phone call, email, Facebook message, I've taken pictures of delivery slips, etc. I would be seeking the following:

&#x200B;

1- full refund amount of the couch,  $865.34

2- interest on the  $865.34  that I've had to pay on my credit card based on its APR (which is only going to be about $8, but it's the principal behind it that matters to me)

3- Court document filing fee of $34 and $10 for having them served with my complaint

4- $2,000 for my trouble (frustration, time taken off work to receive their deliveries, time taken off work to go to court, assuming it comes to that, time spent on my phone on hold, having to deal with not having a couch in my living room for months, etc.). Also, the couch I ended up buying from another store cost almost $2,000, so it seems fitting to me that IKEA can makeup for this by essentially buying me another couch.

&#x200B;

Am I an idiot for trying to sue a company as large as IKEA without having representation? Surely IKEA has huge legal resources. Could they counter-sue me for any reason? I'm ready to fill out the paperwork and get this ball rolling, but I want to be sure I'm not about to make a big mistake.

&#x200B;

Thanks!

Answer:
 It should be much easier to just do a chargeback on your credit card.Answer #2: You aren’t likely to get any damages beyond contract damages, which would be the price of the couch. If they are actually willing to issue the refund, filing a suit is short-sighted and a waste of money. Answer #3: I agree with /u/Biondina. You might not have thought they made timely corrections, but it's likely the court will. They will see it as reasonable efforts to put you back in the place you were before the contract was formed. Contract cases aren't like torts, the damages have to stem from the breach of the contract, not just compensating you because you were inconvenienced. You don't get punitive damages in contract torts unless there's something major involved like fraud and misrepresentation. And before you ask, that is not what happened here.Answer #4: Anything outside of small claims, and yes, you are an idiot for representing yourself.  You will get squashed by their lawyers.

You also aren't going to get anything "for your trouble."  This is, at most, a small claims case, and you should treat it as such.


Title: Friend still on ex's phone plan found out they are accessing her phone records somehow, what are her options? [PA]

Question:
Basically as it says in the title. Friend broke up with her ex over two years ago but it was amicable enough that she was comfortable keeping the phone. As far as she knew it was actually the ex's parents phone plan, and they added her during some kind "add 4 lines" deal. She basically assumed he would ask her to get off the plan once the contract was up and thought nothing of it.

Without divulging too much information, I have seen their conversation and it definitely seems like he has access to who she is calling and when. Not sure if they can read texts or record phone calls, etc. I checked her apps list for spyware and didn't see any obvious ones.

She is worried that he has downloaded copiew of her conversations or pictures and could use it to blackmail her or get her in trouble with her job/school/etc. She is afraid to confront him or suddenly change phones because she doesn't want to tip him off that she's figured it out.

Basically what are her options? Could he use the message contents to get her fired or in legal trouble? Can she cut off his access even if he is the account holder? Thanks

Answer: Her option is to get onto her own phone plan. The owner of the account has access to all activity by all phones on the account; they’ve done absolutely nothing wrong by viewing this data.Answer #2: She really should just get her own phone plan.


Title: Is it slander to talk about an incident that caused someone to go to jail?

Question:
A relative of mine got arrested in Indiana and jailed for battery against me. I now have a restraining order.

A few mutual friends asked what happened and I recounted the events that took place. Another friend of his said he heard a little about what happened and all I said was, "Yeah [my relative] got arrested for battery and went to jail. You can ask him for the rest"

I just found out from another relative that he plans on suing me for slander because telling people about his arrest was "damaging to his reputation".

Is it illegal to talk about factual events, even if it is damaging to their reputation? Like.. getting arrested for battery is pretty much damaging in itself. It seems wrong that I could get in trouble for talking about it.

Answer:
 No, it's not illegal.  Truth is a defense against slander.Answer #2: In the US, the truth is always a valid defense against slander/defamationAnswer #3: > Yeah [my relative] got arrested for battery and went to jail. You can ask him for the rest

That's an excellent response to any questions.Answer #4: It’s public record, it’s not slander.Answer #5: Slander/libel applies to lies. And they would have to prove it's a lie to get any payment for damages.


Title: [UPDATE][PA] I called OSHA on my job because company refused to repair falling ceiling, they're asking who called OSHA.

Question:
Company scrambled to correct the multiple violations in the shop. Declared the basement a hard hat area and they have 90 days to repair the ceiling or they will be shut down. Am I entitled to any kind of hazard pay? From the two years I've worked with concrete falling on me?

Also I was forced from the basement to a side bay that's pretty useless. I've been treated pretty badly lately (hostility, lack of work (I'm flat rate)) and name being tarnished by management. I have a new job lined up and I will be in a new safe environment soon.

Update from:

[PA] I called OSHA on my job because company refused to repair falling ceiling, they're asking who called OSHA.

https://www.reddit.com/r/legaladvice/comments/49csuv/pa_i_called_osha_on_my_job_because_company/

Answer:
 It is possible that you work in the only automotive shop that is also a hard-hat area in Pennsylvania.  Possibly in the entire United States, so there's that going for you.

You are probably not entitled to hazard pay from before, but I'd ask for it going forward. Answer #2: Assorted photos.  http://i.imgur.com/xSszxSu.jpg http://i.imgur.com/OGHRH8G.jpg http://i.imgur.com/HAF54Ig.jpg http://i.imgur.com/2kJ4qgE.jpg Answer #3: 90 days? should be condemned.Answer #4: How did they find out it was you who reported them?


Title: Can a state run university deny payment in the form of coins?

Question:
I was paying a parking ticket at my university and saw that they had a sign that said "we do not accept coins as payment for parking tickets" (clearly some students in the past have been very petty with their ticket payments). But because this is a state run university aren't they required to accept any form of legal tender as payment?

As far as I understand they aren't a private organization, so are they liable to the same requirements as other government funded organizations?

Answer:
 Yes, they can deny coins.

The "legal tender" and "government" things don't mean you can pay with coins. Answer #2: You want to research the Coinage Act of 1965, specifically Section 31 U.S.C. 5103, entitled "Legal tender," which states: "United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues."

So all US currency is a valid and legal offer of payment to a creditor (unlike gold bullion or foreign currency). There is NO federal law which says that a business or organization MUST accept coins or bills as payment. So absent any STATE laws, no, they are not required to accept coins.

Let's take this to it's logical extreme. You owe $15k to the university to tuition. That is 1.5 million pennies. A penny is 3.56 grams, so you would need 12,000 pounds of pennies to pay your tuition. Let's hope none of them are canadian or they would reject your payment and assess late fees of 350,000 pennies.


Title: Is a car insurance company required to provide me with a similar vehicle to mine?

Question:
[California] So someone recently crashed into my Nissan 350z and admitted liability. However their insurance company is only willing to give me up to a Toyota Corolla (Second Cheapest Class)

Are they required to give me a sporty car, or should I just accept the Corolla for the next few weeks?

Answer:
 >However their insurance company is only willing to give me a Toyota Corolla or cheaper.

You mean that's the range for any car rental?  They are not obligated to rent a car that is similar to yours.


Title: (US) Question about DUI stops

Question: I just had someone tell me that the roadside breathlyzer test is not optional in their state (I don't know which one) but I have always been under the impression that the roadside sobriety tests are optional everywhere. Google isn't being very helpful, so are there any states in the US that require a suspect to submit to the roadside breath test?

Answer: PBT refusal is a traffic offense in Kansas.


Title: [Connecticut] GEICO adjuster telling me that the anti-freeze currently coating the inside of my engine compartment is a total coincidence unrelated to being peppered with aluminum shrapnel from a contractor's truck, who fled the scene.

Question:
This morning while driving to work I was hit by a piece (or pieces) of what appeared to be rectangular aluminum (based on color, reflectivity, capacity to become airborne in 70MPH "winds", and the sound upon impact) debris that flew up out of a contractor's pickup. The truck must have noticed, I think, because immediately after I was hit, he changed from the far right to the far left lane in one motion and took off at about 90mph. I didn't attempt to chase him down in my mini-van. I just memorized his license plate (apparently incorrectly, per the state police.)

When I arrived at work I could smell hot anti-freeze and my engine compartment was pouring white "smoke" everywhere. I went to the State Police barracks to make a report (but can't prove anything really.) They said they'd try to get in touch with the owner of the truck based on the company name that was painted on it. I guess we'll see.

While I waited to make my report I filed a claim on my smartphone with GEICO and was directed to a body shop with an on-staff GEICO-employed adjuster. He took my info, got me a rental, and sent me on my way to work with a promise to call later.

Tonight around dinner time he called and told me that I have no claim, that there's no way debris bouncing around in my engine compartment, or between my undercarriage and the street, etc, could possibly have hit the fitting that's now broken and leaking. Evidently it's an AMAZING coincidence that my van was leaking zero coolant before it was hit by debris, and leaking it so fast that I've been advised not to drive it without repairs afterward.

I think the sum total of this repair is likely not to exceed about $1000, and my deductible is $500. This is assuming comprehensive coverage. I also carry GEICO's mechanical breakdown coverage on this vehicle, which has a $250 deductible.

First, if I accept the adjuster's (farcical) assertion that this damage isn't a result of the debris impact, then wouldn't this be covered under my mechanical breakdown rider that lists the "cooling" system as covered?

Second, is it even worth retaining a lawyer over a $500 benefit after deductible, or should I just suck this up? I've been a customer of GEICO for 12 years. I feel like I'm being taken for a ride here.

Any help/advice appreciated.

Right now the "plan" is to have the van delivered by flatbed to my local dealer who sold me the vehicle since the adjuster claims that it needs to be seen by a dealer for my particular manufacturer in order to even get the correct part numbers for the components that are damaged. This whole thing sounds insane to me but I've agreed to have the van flatbedded to my local dealer in the town where I live (currently at a body shop a half hour away.)

Answer:
 Sounds like you might just be screwed here. I don't know enough about cars to say whether you're right or wrong, but I see your point. Unfortunately this happens sometimes.

Here's what you can do, short of getting a lawyer. Get a mechanic's opinion. If a mechanic, preferably the dealer since that's who Geico is giving ultimate credibility to, can say that this accident was probably caused by the incident, ask Geico to talk to them. If they still won't budge, contact the department of insurance. The DOI in Connecticut is pretty strict, and they will at least rattle the cage. Before you do that, let Geico know you'd like the DOI to weigh in and ask them if they're sure they're not going to afford coverage for this. If they still refuse, get a denial letter in writing and send it to the DOI. They'll respond within 30 days. They can't necessarily change the decision, but insurance carriers really hate hearing from them. Bad faith allegations are a nightmare. Not that you definitely have one here, but they may want to cut their losses early here and admit they are wrong if you can show that they might be.


Title: Police harassing my grandparents about my german shepherd

Question: So this is going to be a little long winded.  My family has had our german shepherd, Zelda, for four and a half years.  About a year after we got her my mom was diagnosed with stage 4 lung cancer and my mom, dad, and brother made the decision to move to Hawaii where my mom wanted to pass.  I was in the marine corps at the time and my command was gracious enough to offer me a humanitarian transfer to a duty station in hawaii to be with my family.  At the time of my mom's passing we had Zelda for 3 years and never once had an incident with her.  She could be outside without a leash, she was playful with other dogs, she was perfect whenever someone came over the house.  When my mom passed, Zelda started to become more aggressive towards other dogs at the park and started barking at people passing by the house so we kept her on a leash from then on.  Flash forward several months and my brother has now enlisted in the marines and my dad has orders to Virginia, he's a marine as well.  Being that my brother and I were single marines living in barracks we were not permitted to have pets and my dad will be getting deployed pretty soon we asked my grandparents to take care of Zelda until I get out of the marine corps and find a place to live that allows pets.  Now several people have called the police on my dog saying that she has bitten them.  There are 3 police reports and only one has pictures of the alleged "bite" and I will post the pictures.  After the first complaint my grandparents were told that Zelda needed to go to an obedience trainer.  The trainer is an officer with the Marshfield police department who specializes in training german shepherds and Zelda has completed two separate obedience courses with this officer.  The police have now told my grandparents that they need to have a fence built or have my dog put down because she is vicious and a threat to the neighborhood.  They built the fence and the chief of police then told them that won't be enough because he's seen german shepherds jump fences like this before.  I'm 5'7" and the fence comes up to my nose.  Zelda is not a trained military dog or police dog so I highly doubt she could jump a fence like that.  My grandparents' home owners insurance was cancelled within an hour of the last police report being filed.  When they requested a copy of the police report with pictures of the "bite" they were told it will take two weeks to get a copy, but the local insurance agent had a copy within an hour of the report.  We are now having the neighbors sign a petition of sorts stating that they do not believe Zelda to be a threat.  Just today a lady that lives across town drove in front of my grandparents house while my grandpa was outside working on his van and said that she doesn't care if a fence was built, if they don't get rid of my dog something is going to happen to it.  Now I just don't know what to do.  My grandparents live in Wisconsin and I'm here visiting for the week.  I live in Kansas City where I will be using my GI bill for college, but my lease for my apartment isn't up until February and I can't bring my dog down with me until I find a new place.  If something happens to my dog I just don't know what I'll do.  She is so well behaved and immediately obeys any order I give her so I can't comprehend where these complaints are coming from.  I really just need any advice that anyone has to offer.  Not only am I worried about my dog, but my grandpa is really old and has already told me that if the police try to come take my dog away he isn't afraid to shoot a cop and die in prison.  Please help.

Answer:
 The police are not harassing your grandparents; they are responding to complaints.  Do you believe your dog has bitten anyone?Answer #2: TLDR:

* Owns German Shepard, which for work related reasons must be left with grandparents

* German Shepard has become slightly more aggressive since loss of a family member, allegedly involved in several biting incidents recently, though usually well behaved and obedient to owner.

* Due to bites, dog has had to go through obedience training (which it has done) and grandparents have to built a fence.

* local law enforcement does not believe that the roughly 5 Ft. fence is sufficient to contain the dog.

* Neighbors seem generally supportive of the dog.

* Can't currently take the dog to live with owner do to housing limitations.

* Location Wisconsin

Did I leave anything out, OP?


Title: Quebec - Dad with alzheimer's want to make sure he won't be kept alive once he's unable to be semi-autonomous.

Question:
Good evening everyone,

My father was diagnosed with alzheimer's a few months ago. He's still very happy and enjoying life despite searching for his words often, losing his driver's license and some other small disadvantages like that. He's on medication for alzheimer's and so far it's working, but it'll eventually stop working (maybe soon, maybe in a long time) and then he'll start to lose his abilities to live his day to day life.

He ask my mom and I to make sure he's not kept alive once he's not able to do his activities anymore, but I have no clue how this works.

What are our options? I'd like to make sure we take care of everything while he's healthy enough to tell us what he wants.

Thank you!

Topic:
Canada

Answer:
 I'm terribly sorry you have to deal with this.  Have you researched much about Alzheimer's yet?  You should contact the Alzheimer Society of Canada.

This page talks about financial planning that your family should be working on:  http://www.alzheimer.ca/en/Living-with-dementia/Planning-for-the-future

Your father will not die once he's unable to do his daily activities.  Most Alzheimer's patients live for several years and end up dying of infections or of unrelated illnesses (pneumonia, heart disease, etc).

You can make sure your Dad doesn't receive any care that prolongs his life (such as a feeding tube when he can't feed himself or antibiotics for an infection) by getting him into hospice/palliative care.

Assisted suicide is now legal in Canada.  If he wants to take that route, you need to research the law and the requirements.  One of the requirements is that your Dad is of sound mind when he makes the decision. I don't know how that would work with a dementia patient.  This site has a planning kit:  http://www.dyingwithdignity.ca/


Title: (Iowa) Do I have any specific obligations to a previous employee when it comes to resumes?

Question:
Someone I previously supervised used me as a reference on several job applications. This person was not a good employee and I have nothing positive to say about him.  Had he asked me if I would be a reference I would have suggested that he not use me as a reference, but he just went ahead and gave my info, so I'm in a tough spot.

When I am contacted by his potential employers, do I have any particular obligations, legally, in the state of Iowa? Or can I go ahead and tell them his productivity was 25% of the average employee, he only showed up to 1/4 of his shifts, he tried to cheat the time system to get paid for hours he didn't work, etc.?

EDIT:  Oops, the title should read "when it comes to references," not "to resumes."  It was morning and I'm not great at those.

Answer:
 Decline to give a reference if you are called. Say something like "I'm not comfortable providing a reference for John Smith." and leave it at that.Answer #2: "My mother told me If I don't have anything nice to say then don't say anything at all"

"I'm not at liberty to discuss Mr. Smith's work ethic, let's talk about the weather, the cloud out my window sure is lazy and stupid"Answer #3: You are not obligated to provide a positive reference

Provided that what you say is true and relevant to work performance I think you'll be fine.  Answer #4: The other upvoted answers are good personal advice, here is the legal advice:

[Relevant Iowa Statute](http://coolice.legis.iowa.gov/Cool-ICE/default.asp?category=billinfo&service=IowaCode&ga=83&input=91B.2)

As long as you give good faith answers, you will be fine.


Title: Cops completely destroyed interior of my car looking for drugs, found nothing

Question:
I had purchased a used Cadillac a few months ago for a good price from a mechanic I knew. He said his son was driving it. When I first purchased, i noticed a small container with what appeared to be trace amounts and a scent reminiscent of BHO oil, wax, shatter, dabs,... whatever you want to call it. I threw it away and searched the car thoroughly to make sure there was nothing else in the vehicle.
Flash forward to the other night and I was pulled over for an improper lane change. Officer was nice enough but said he thought he saw me making suspicious movements when I was being pulled over. He asked to search the vehicle and which point I said no. Waited half an hour for the dog to show up. He alerted to my side driver said at which point they had probably caused and they searched the vehicle.  He checked all the normal spaces like the glove compartment, center console, side panels, trunk,... and they found nothing. After his point they started to separate the bit of material under the steering wheel and continued to thrash the entire vehicle. They cut into the leather seats. They also cut into my spare tire. Mind you, I have no criminal background and actually am in the process of working in law enforcement. They cut open just about everything in the car and searched everywhere and found nothing. I’m obviously growing increasingly agitated at this point but the officer standing with me on the curb was anticipating this ordered me to remain quiet and wait patiently. After this well over 2 hour ordeal, I was told I was free to go. When asking the officer if they were offering any restitutions for the damages they caused, he simply told me to call the county. Before I do that I would like to know if there’s any better options and how I should pursue this. The seats obviously had a razor blade go thru them and there’s so many things dangling they made the car look closer to what I probably would’ve payed for it. Not to mention they also ruined my spare. Thank you.

Answer:
 Hey, OP!
Your fourth amendment rights have been violated!
The Supreme Court has ruled that traffic stops may not be extended to allow for a drug dog to be brought to the scene as it is unreasonable in the context of completing the original citation.

I would be contacting a lawyer ASAP!

https://www.nytimes.com/2015/04/22/us/supreme-court-limits-drug-sniffing-dog-use-in-traffic-stops.htmlAnswer #2: This may be fore future reference but whenever anything like this happens it is important to always ask for the police officer(s) identification and they have to give it to you. An honest officer will hand you his card with name and badge number, no questions asked. This way if you do file a complaint you have an idea of who you are filing it against, specifically. Also it helps to have a dash cam and don’t be afraid to whip out the cell phone and record when they start doing these things. If you don’t have any information or proof then who is to say that they even stopped you at all. I had to deal with cops like this growing up and it pisses me off so bad because unless you’ve actually been through it you have no idea how much it fucking sucks. I’m really sorry man and I wish you the best of luck trying to get anywhere with this.Answer #3: If this happened this past weekend, my friend you were the unfortunate casualty of the LEOs trying to crack down on the drug flow from into and out of Escape: Psycho Circus. This a huge rave that pulls in over 60,000 people on Saturday alone. I live in the OC and have never heard of something like this happening since the 90s.


Title: The Place I work for isn't paying me.

Question:
I've been working for a reputable department store, in Madison WI for about 4 or 5 months now and the 1st 4 or 5 weeks they didn't pay me. It was supposed to be weekly payments into my account. I was living on nickle and dimes and could afford lunch for myself on 8 hour days.I was going without eating during my days at work. I even went ahead and tried to call the pay office in another state and left several messages about this issue. I never got to talk to anyone directly, they just kept going to voice mail. I had to borrow money from my other fellow employees to even have gas money to be able to make it to work. Recently I decided to change my account from their pay card because I couldn't manage the account to see if I was really being paid the correct amount. So I talked to a manager about direct deposit. I was reluctant to do this because it took them so long to pay me to begin with but they informed me it will be an easy transition. They didn't pay me again for two weeks and since I had canceled the pay card my money wasn't going into any account. I want to know what my legal options are as of right now.

[This was written by a friend of mine who doesn't have a Reddit account, nor has the computer skills to set one up. I said they could use my account.]

TL;DR: Was refused pay for 5 weeks at the beginning of my employment. Switched payment methods to better keep track of incoming payments, and was assured by management that it would be an easy transition. Was again withheld pay for 2 weeks. This is pretty serious when I'm supposed to be paid weekly. Still have yet to receive one weeks worth of pay from a few weeks ago, and am still expected to drive to work and use gas. This seems unfair and illegal and I want to know what my options are.
Topic:
Labor Law

Answer:
 Not a Lawyer

1) Be prepared to lose your job

2) Take copies of any paystubs and any timecard

3) CONFIRM EXACTLY WHAT IS OWED

4) Last ditch call to Payroll.

5) Then do this once you have a new job lined up or if no new job lined up look into option 2

https://dwd.wisconsin.gov/er/labor_standards_bureau/how_to_file_a_wage_claim.htm

https://my.unemployment.wisconsin.gov/Claimant/Account/TermsAndConditions


Title: How fucked am I in Florida?

Question:
I'm 35 and have never had a "real" job before just independent contracting for almost two decades. I've paid self-employment tax, everything kosher with the IRS, no issue there. But things have dried up lately. So...

Last week however I was hired at a very small but successful company for a job with benefits, yea! I start Tuesday and they told me (among other things) I have to fill out an I-9 form.

I looked it up just now, and I'll need a social security card and/or passport. I have neither. I haven't seen my SS card or birth certificate in probably a decade, no idea where they went. I do have a drivers license but that's not enough.

I'm starting the process to order a new birth certificate, I have the forms, and when I get it (a few weeks) I'll apply for a SS card (and then a passport) but I am supposed to start work Tuesday and "hit the ground running" on a new project.

Or maybe I can't. Anything I can do or am I just fucked?

Answer:
 Have you already been to the SS office?

They may be able to print you a new one instantly if you can prove who you are.  They did that for me after I didn't have a card for a decade and lost it in a different state.

EDIT:  I only had a DL to get the SS card.Answer #2: First, the HR office is wrong. And working with immigrants for so long, it pisses me off.

Look up the I-9 form online. On page 10 (maybe page 9 with the federal form) it has List A, List B and List C. Legally, for an I-9 you need one from List B and one from List C or one from List A alone.

For example, in order to complete an I-9 last week, I took a School ID and a Social Security card since thats a List B and a List C. I'm not a lawyer but I am an HR Manager.

Check out the lists to see if theres other things that you do have. For example, for List B you can legally give a Indian reservation card.


Title: [Child Support] [US-PA] Daughter's Mother Seeking Child Support Through Court. Existing out-of-court Arrangement Exists

Question:
First of all, thank you for taking the time to read this. My daughter's mother and I never married and split about 8 months ago. We have 50/50 split legal/physical custody (no court order for this) and our daughter splits equal time between houses. I'm being taken to court because my she thinks it's a hassle to get child support money from me each month and she states that our agreement has changed.

Our existing arrangement was that while mom was not working, our child would be in daycare part time (\~$180/week) and that I would pay $300/month on top of that for child support. When mom went back to work, our daughter was going into daycare full-time ($225/week) and mom was going to be picking up part of daycare and then would be getting $500/month. My thought / understanding of the agreement was that since she would be working, and we're 50-50, she would pay for her half of daycare.

Evidently she took this as I would continue paying my amount that I am to daycare, she would cover the difference between full-time and that she would be getting an additional $200 for the month.  This became knowledge to me after she began working and was discussing what she would pay to daycare.

Previously I was paying her on the first of the month. When she found out that if she had an arrangement to the state she would get paid on my pay date she started requesting payment then instead of the first. The date of payment was not included in our agreement and there are several times I've been marked as "difficult to get payment from" because of this new stipulation she put into place.  There was never any advance notice of these pay-day support requests so I didn't adequately plan my day around making those happen.

The biggest issue here is that I want my daughter to have a good life. It feels that mom isn't holding up her end of the 50-50 bargain that we have and she feels that because I make more I should be responsible for more than 50%.  She has no disabilities and can work, but will only take certain jobs. I'm interested in seeing what is possible to have her pay more for her responsibilities.

I have many questions:

1.) With 50/50 legal/physical custody, should I only be responsible for 50% of the daycare?

2.) What does 50/50 mean financially for both parties?

3.) What is family court like? Small room / mediator?  I'm trying to get an idea of what my environment will be like.

4.) What actions would you recommend moving forward to protect my daughter / our agreements?

Thank you!

Answer:
 The only question with a single answer is the best thing to do is hire an attorney.

Assuming equal time, the higher earning parent is generally expected to contribute more financially to the court's determination of what it costs to raise the child. This does not mean that one simply paying, say, 63% of each expense. There are a lot of different factors that can matter: insurance, child care, medical, etc.

Earning potential matters as well as actual earnings. While not always, a parent not working can have an income imputed based on what they could realistically be earning.

Informal agreements are subject to changes as well as formal ones. A court can decide to uphold the status quo, accept a new negotiated agreement, or order one. It is impossible to predict what the outcome can be.

Courthouses are all different, but family court does not tend to be held in huge rooms like you see on TV and movies. They can be in conference rooms, chambers, offices. Usually it is a slightly less formal situation, but still crucial to maintain decorum. It really matters what exactly a hearing or conference is and if a judge or arbiter is involved.

Call family law attorneys and talk to a few until you feel comfortable hiring one. If you do not have a formal custody order, or a change is warranted due to change of circumstance, it can be greatly beneficial to make sure they are both established.


Title: A number I don't recognize from our area keeps texting HELP

Question: [deleted]

Answer:
 As it turns out, your phone number is not top secret information.

Block them and move on with your life.


Title: I got scammed on Reddit last night, what can I do about it?

Question: [deleted]

Answer: It's possible but doubtful that you can get his IP address AND trace it to a specific person AND sue them AND get a judgment against them AND collect your judgment.  But you could try...


Title: Single person trying to buy a home in an HOA. Can they deny because I'm single?

Question:
I live in Florida.

As part of the process of buying a home, I got contact information from the hoa as my lender requested. The email I got from them was essentially general information on how to apply to the hoa. But something worried me. Midway down the email there was a statement that said the buyer "MUST" be a part of a nuclear family, meaning I have to either be married or be in a committed relationship and have children. I'm single. I have no kids. Are they implying single people can't own homes in their community? Can they turn people down based on marital status? Isn't that some kind of discrimination?
Topic:
Real Estate law

Answer: They're not trying to prohibit singles, they're trying to prohibit roommates or the buyer renting out a room.  It is worded very poorly, though.


Title: Detectives came to my house and acted really sketchy during their visit

Question:
The other day two detectives came to my place. They had placed a finger on the peephole so I couldn't view outside. I only found out there were detectives at my house when I called 911 alerting the strange activity and was told they'd been issued to my residence.

What's weird is that they stayed outside my house for another hour (looked like they chatted the whole time) before leaving, and didn't leave any form of contact (business card, a note, etc).

I'm lost on why they'd be investigating here since I haven't done anything wrong. Why would they visit and not leave a form of contact?

 Any suggestions for what I should do if they come back?

edit: Illinois

Answer: Did you remove the tag on your mattress? Answer #2: There's no way anyone can begin to guess for you.


Title: Possible discrimination?

Question:
I've worked at a grocery store part time on and off throughout my high school and college years. I want to work there for a third time this winter break. I now have a doctor's letter stating I have a disability and I need two accommodations to work: one being my shifts are limited to 5 hours each and two being I need to be able to sit. I gave this to my employer and today she told me she can't do that. She said "if i let you sit id have to let all the rest of the front end sit."

Is that legal? This is a cashier job. I can perform all necessary duties of the job while seated. The ADA help line is currently closed but I do plan on calling them.
Topic:
Disability Issues

Answer:
 Sitting as a cashier is a reasonable accommodation. Limiting your shift to 5 hours is unlikely reasonable.

You should speak to your manager that they do not have to allow everyone to have the same accommodation because everyone is not disabled.

I would go back to your manager or if you have some sort of HR rep and reiterated that you need that accommodation. After that contact the EEOC for an ADA violation.


Title: Is it legal for someone to take pictures of inside my private property?

Question:
What's up guys/girls

So little back story ,one of my neighbors went behind our back without coming to us first whilst staying anonymous and told our landlord that we are running a VW workshop in our garage illegally, which was a complete lie as my brother and I both own beetles and are fixing them up to be road worthy (as we have no money for mechanics and body repairs).

This individual then sneakily took pictures of me inside my car working whilst I wasn't looking as well as everything inside my garage (whilst on my property without consent) and then took a picture of my brothers car which is parked in our "designated" parking space and stated that it's being used as some kind of customer parking for our "illegal workshop". We are now being threatened with eviction for breaking some "body corporate rules"and these cowards are moving house today so we can't even explain the real situation to them as they are hiding from us.

So basicaly does anyone knoe if there is anything I can do legally to address this issue because this is completely fabricated and our land Lord doesn't want to hear "our stories"

Thanks in advance.

Answer:
  You can fight the eviction. If you arent breaking the lease, landlord can't legally evict you.  Bring all ownership documents for each car to prove they are yours and your brother's and nit a "customers." Answer #2: Your LL would need to take you to court to evict you.  He just can't tell you to leave.   He would need evidence of you breaking the lease.  Pictures of you working on your cars, which I assume you can prove are owned by you, is probably not enough evidence of anything.    Does the lease state "no working on cars on the property or in the garage"?

Even if you were breaking the law, that does not automatically make your lease null and void.

In what form are you being threatened with eviction?

Answer #3: > We are now being threatened with eviction

How exactly? Unless you do what?

If you LL moves to evict, you will have to go to court and argue that whatever reason they are giving the court is untrue. They will need to prove it is true to the judge's satisfaction, and that it is a violation of your lease.