Title: Assuming I was in custody at a police station, and I ask for a lawyer, how can I tell it's not a officer pretending to be a lawyer?

Question:
Florida.

I would like some kind of advance knowledge in this unrealistic scenario. Is there a sign that lets the average layman tell who's a lawyer and who's not?
Topic:
Other Civil Matters

Answer:
 That's not how any of this works. If you refuse to answer questions without a lawyer present, your interrogation just stops. If you have an attorney, you may be able to contact them. They don't magic up an attorney for you. Answer #2: First off, that would be the greatest thing ever cause you could now admit to murder and have it thrown out. So fingers crossed.

Second, if you really want to check ask to see the bar card, ask for lawyer to prove they are who they are.

Third, as said, thats not how this works. It just means no more questions and you go through the process of getting a lawyer. PDs don't just hang around in a waiting room. You are assigned a PD in front of a judge and generally you can trust judges.Answer #3: You read on here pretty often that cops are allowed to lie.  That's generally true, but one major thing they CAN'T lie about is being an attorney.

That said, when you ask for a lawyer at the police station, they won't give you one.  They'll just stop asking questions.  You'll be assigned a lawyer (or told you need to hire your own) later, after you see a judge.


Title: [China] Help, My husband filed me divorce in the court, I don't know what to do.

Question:
Sorry for the poor english, My husband filed a divorce in the court today, I really don't know what to do, I need some advice, currently I can't even think clear, what should I do now. I don't want to divorce. :(
Topic:
Custody Divorce and Family

Answer:
 My condolences, OP, and best of luck to you.

However, I don't think anybody here can advise you on Chinese divorce laws. Your best course of action will be to find and hire a local attorney as soon as possible.Answer #2: This thread has been linked to from another place on reddit.

- [/r/locationbot] [Bot doesn't recognize China](//np.reddit.com/r/LocationBot/comments/33q0he/bot_doesnt_recognize_china/)

[](#footer)*^(If you follow any of the above links, respect the rules of reddit and don't vote.
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Title: Is this malpractice/against bar rules

Question:
So I moved out of state but need to return to original state for a mediation. I asked my attorney if he could cover my flight and I could pay him back when we settle .

He said this would be a bar violation. Is he blowing smoke up my ass?

Answer:
 http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_8_current_clients_specific_rules/comment_on_rule_1_8.html

>Lawyers may not subsidize lawsuits or administrative proceedings brought on behalf of their clients, including making or guaranteeing loans to their clients for living expenses, because to do so would encourage clients to pursue lawsuits that might not otherwise be brought and because such assistance gives lawyers too great a financial stake in the litigation. These dangers do not warrant a prohibition on a lawyer lending a client court costs and litigation expenses, including the expenses of medical examination and the costs of obtaining and presenting evidence, because these advances are virtually indistinguishable from contingent fees and help ensure access to the courts. Similarly, an exception allowing lawyers representing indigent clients to pay court costs and litigation expenses regardless of whether these funds will be repaid is warranted.

These are comments on the model rules, but what you asking would create a conflict and is prohibited by rule.

Edit: found the comparable Florida rule. https://www.law.cornell.edu/ethics/fl/code/FL_CODE.HTM#Rule_4-1.8(e)


Title: USA, EVERY STATE: What is the next step?

Question: [deleted]

Answer:
 *pro se*

Randomly types in all caps.

Makes crazy motions.

Doesn't understand Civ Pro or the importance of specific jurisdiction.

Ladies and gents . . . I think we have a Sovereign Citizen on our hands!


Title: Can Anyone Explain to me How this Happens

Answer: This might happened due to the tax is calculated based on individual item prices instead of the final price.Answer #2: Same table? It's possible that they took the total and split it down the middle but you can't split 1 cent so that had to go to one of the bills.Answer #3: Someone’s using floats to represent currency!


Title: Court sent me a letter claiming I owe $664 for failure to appear in court.

Question: I received a traffic ticket and went to court on time for every date they set. I was found not guilty and my bail was waived, but today I received a letter that I owed $664 for not appearing in court. What do I do to fix this?

Answer: Call the court and ask them what happened.


Title: [New York] 18 y/o dating 16 y/o

Question: I am currently 17 and my girlfriend is 15 (Senior and sophomore in high school). I will be turning 18 soon and she will be 16 soon as well. To what extent is this relationship legal/illegal and what are we allowed/not allowed to do? Thanks for you help!

Answer: You're fine to have sex and do other physical sexual acts. You cannot however take or receive any sexual photos or videos of her.


Title: Can I change my sentence after pleading guilty?

Question:
I got caught shoplifting, got charged with misdemeanor petty theft, and they gave me three options after pleading guilty: Spend three more days in jail, do community service, or pay a fine. I chose to pay the fine but I'm wishing I could just go back and do the three days. Can I do this?

Nevada

Answer: I'm not sure what you can or can't do wherever it is that you live, but you should thank your lucky stars that you aren't in Saudi Arabia. They would have chopped off your hand. Answer #2: Why do you not want to pay the fine?


Title: Neighbors party every week, won't be quiet when repediatly asked, threatened to call police on us.

Question: So my collage neighbors are partying very week, they will party until 3 AM in the morning. Are so loud you can hear them down the road. They throw up over our fence and smash beer bottles and have sex behind the bushes beside your house. Has been repeatedly been asked to turn down the volume but thry threaten to rape you or call police on you. We belive they are doing drugs but there is no evidence. Police never get involved. What should we do?

Answer: Call the police?


Title: Am i in trouble? Prank Text.

Question:
San Jose , CA
so i downloaded this app on my android called text now and i called a bunch of contacts on my phone ( Mostly Friends ) stuff like " imma fight you "and then at the end id say " JK get pranked " ( stupid i know ) but the then a number that i didnt know contacts me saying that i called them 10 times ( i never called in fact i need bought credits to use the call feature ) so because of this i decided to mess with the guy and said " HAHAHAHAHA" ( Just that ) and he gets freaked out i guess and says hes gonna call the cops and at that moment i went on airplane mode, deleted the app, and turned off my phone for the next 2 hours. i know i did some thing stupid but i was bored. and i want to know if the police will get involved. i havent been contacted by anyone about this yet on my real number so am i good?

Answer:
 1. You're a moron
2. You're probably going to be in more trouble from your actual friends than this guy calling the Police.
3. It is quite possible that the app you used is poorly written and sent multiple messages
4. See comment 1.


Title: Hospital charged me and insurance for a test I never had.

Question:
Not sure if this is the best sub for this, or not. I’m in Pennsylvania.

Back in February I went to the Women’s primary care office associates with one of the local hospitals. I was there to get some leg pain and tingling checked and I also asked about some other stuff that I’ve been dealing with for a few years. They tried to pressure me to have a mammogram done at that time, and said it’s just part of the physical, but I declined because Of the costs and my high deductible. I refused to even put on the gown they gave me and remained clothed. I reiterated that I was just there to get my leg pain checked.

I was told that it’s just sciatica and the Dr ordered several blood tests to check the other stuff I had complained about. I got the blood tests done, it went through my insurance and I paid my deductible.

Then yesterday, I got an explanation of benefits from my Insurance company showing a claim for radiology and showing that I owe $183.

I did not have any radiology or imaging done. I specifically declined a mammogram. Obviously I can call tomorrow, but will I have to prove that I didn’t get the mammogram? What can I do to get this resolved? It’s the  second time I’ve dealt with something like this from a doctor affiliated with this hospital and the first time the refused to help me and I just paid because it was a small amount, but $183 is too much.

Answer: NAL, just my opinion. Call the insurance company, not the doctor. Even if you owe the whole thing out of pocket, just the doctor sending it to your insurance can be considered insurance fraud (on the part of your doctor, not you). See what insurance says and go from there.  Even if the doctor is still saying you had the X-ray and you did not, put the burden of proof on them to prove you had it done. If it’s an X-ray ask for the images.Answer #2: You shouldn't even need to call the doctor's office. Just call customer service for your insurance company. Once they find out they're paying for something that didn't happen, they'll take over from there. Especially when you tell them this is the second time this organization has done this.Answer #3: It is sadly probably the case that the doctors office billed for the code. However, I’d start by calling them and asking them to check their records on what procedures were done that visit. It’s possible that it was simply an error in that almost everyone does get the mammogram and the front office didn’t get the message that you didn’t. Or of course they may argue that you did. Since they won’t be able to show the images my guess is just the front office billed the extra code by accident. I’d start there.


Title: (ND) SO and I believe she is being retaliated against and being treated differently, don't want to go to HR yet and local lawyer won't take case. Options?

Question: [deleted]

Answer: Yes, she should go through HR first. How could she take "legal action" against the company when she hasn't made an effort to address the issue with the appropriate group in the company?


Title: UPDATE: [FL] Can I be fired for not going to an after work party that's inappropriate/against my religion?

Question:
I managed to get in contact with my boss' boss. It didn't go very well, she said she saw nothing wrong with going to a strip club and told me that it's not against my religion(I thought *I* was the one to decide that not her). She told my boss and I was fired yesterday.

I have an appointment with a lawyer on Friday, I don't even care about the money I just don't want anyone else to get fired because of those two.

Answer:
 You should care about the money because the penalties associated with a wrongful termination are staggering.  It usually involves backed pay from the time of termination until your judgment, penalties, and a reinstatement order (if you want to go back).  In the meantime, file for unemployment.Answer #2: That sucks! Let us know what the lawyer says. I know FL has strange laws but it doesn't seem appropriate that you were fired for not going to a strip club after hours. I don't recall, but were you going to get paid for going to a mandatory event?Answer #3: Well that's a terrible update.

[What immediately came to mind: "There ain't no party like a Liz Lemon party because a Liz Lemon party is mandatory"](https://www.youtube.com/watch?v=5jsORc3sPtQ)

I'm pretty sure going to a strip club goes against most of the mainstream religions, so it's not something fringe.


Title: Open Container in Public and Possible Entrapment?

Question:
Howdy lawyerfolk,

Back in the fall, several months after moving to Los Angeles, I received an Open Container ticket (9.04.010 f) on the Hermosa Beach boardwalk. Normally I wouldn't challenge something so frivolous, but it's a $500 fine and, in my uneducated opinion, was a truly dick move by the officer. Here's what happened:

I was consuming a beer in the fenced-in outdoor patio of a bar on the boardwalk. There were dozens of patrons around me doing the same (we were on a pub crawl). I was standing near an open exit in the fence when I hear a man say, "Hey, you in the green hat!" I turn around to find a uniformed police officer standing roughly ten feet outside the patio. He asks me to "come over here." I complied, walking over with my beer (STUPID, I know, but I come from a place where cops don't bait you into committing crimes). As soon as I'd set one foot off the bar's property onto the boardwalk, he says "Aaaaand now I've got you for an open container." He was pretty smug about it, and seemed to genuinely enjoy writing the ticket.

I've elected to challenge the ticket in court sans representation. Do I have a chance of getting it thrown out if I employ an entrapment defense? Or am I pretty much screwed? I mean, I DID have an open container on a public boardwalk, but only because the officer had baited me into stepping off the bar's property.

Some possible flaws in my defense:

-I was inebriated, as were any potential witnesses (whom I wouldn't be able track down anyway, as I didn't know them). That said, I was coherent enough to understand what was going on.

-It'll essentially be my word against the officer's. Who has the burden of proof here?

Thanks in advance for your advice.

Answer:
 Be prepared for the rebuttal: "You did not have to bring your beer with you."  Not saying it cannot be overcome, just don't be surprised.

Your goal is to establish, by a simple preponderance of the evidence, that a normal law obeying citizen (an ordinary person, not necessarily someone obsessed with being law obiding) would not have broken the law here if not enticed to do so by the officer.


Title: [CA] My daughter [17/F] was the victim of revenge porn. What are our options?

Question:
My daughter (call her E) dated a boy (currently 17, call him J) for a short period of time about 7 months ago. During their relationship, she sent him a few inappropriate (fully nude) photographs via Snapchat. Unbeknownst to her, he saved them without her knowledge. When they broke up, J sent them to a couple of his friends out of anger.

These photos were never leaked publicly, but were in the hands of teenage boys, so they made their way around. At some point over the course of the past 7 months, these photographs made their way into the hands of another 17 year old boy, lets call him D.

E, J, and D all attend the same high school in California.

3 days ago I received a phone call from a Vice Principal at their high school alerting me to the situation (I knew nothing about this until that phone call). VP told me that there was an ongoing investigation by the school administration and that the local police were involved. Apparently, D had amassed quite the collection of nude photographs of girls at school (apparently he was in possession of photos of 60 different girls), and was bragging to his friends. Some of these photographs (including the ones of my daughter) had gotten out, and apparently they are now circulating around the school.

I confronted my daughter and she admitted to sending the photographs to J, but she had no idea they were in the hands of other people. Of course she was very distraught.

This morning I received another call from school administration notifying me that D had been arrested, expelled, and was being registered as a sex offender. That's all I know at this point. I think its great that D is going to be held accountable for his actions, but as far as I know, the school administration is not even aware of the fact that J was the original source of some of these photographs.

**So I have a few questions:**

- Is there precedence for my family to take legal action against D in a civil court (considering he's already in the criminal process)? If so, what is my best course of action?

- Is there precedence for my family to take criminal or civil action against J? If so, what is my best course of action?

- Have there been similar cases in the past that could shed some light as to what penalty D will be facing, considering the fact that he's underage, but also the sheer number of victims (60)?

I would appreciate any and all help. Thanks!

**TL;DR: My daughter sent nude photographs to a boy she was dating. They broke up, he sent them to her friends, and they ended up in the hands of a boy that was collecting nude photos. He was caught by school administration, but my daughter's ex-boyfriend is not on the radar of school officials or law enforcement. What should I do?**

Answer:
 You should consult a criminal defence lawyer immediately. Your daughter distributed child pornography (sexually-explicit photos of a minor). So did J. D is collecting child pornography.

Your lawyer will also be able to advise you on whether there's anything to pursue against J, and, if so, how to do so safely. California does have a law against revenge porn, which has criminal penalties associated with it.Answer #2: > I think its great that D is going to be held accountable for his actions

You need to circle the wagons here. Your daughter produced child pornography and it's possible that the police will come after her.

1) Hire an attorney. This would require your daughter admitting to producing child porn, so it's unlikely to be a wise course of action;

2) Families don't take criminal action against people. You can file a police report but this triggers the issue from #1;

3) Penalties for felony production are upwards of 8 years in prison per count.

Answer #3: I would quit while you're ahead, especially as you don't have much in the way of monetary damages.  If you sue in civil court, it will undoubtedly come out that your daughter was the original source of the photos.  She could be prosecuted for possession and transmission of child porn.Answer #4: Man, it's really awful that this happened, but if all that ends up happening is a few people get detention, she'll have been very lucky. Sure, 60 nudes on some kids phone is pretty lousy, but your daughter PRODUCED some of it and sent it out into the ether on purpose. Pray she doesn't get into legal trouble. Consult an attorney and bring her along.


Title: Suing a Hotel? Personal Injury

Question:
I was injured at a hotel. A window, that previously stayed open on its own, fell on my hand when I was taking pictures. There were no signs or information on the window warning me that the window is very heavy and could fall upon opening.

I was hoping for the hotel to quickly help me cover my medical expenses, but the only thing they say is that they have turned it over to their insurance company, and they wont provide me the info.

Should I sue the hotel property? Can I sue the hotel even though it was in a different state?

Do I need a lawyer or can I take them to small claims court?

Answer: If you sue, they're going to send the suit to their insurance company. I'd try one last sugary sweet attempt at getting that insurance info. That's who would be compnesating you for your medical expenses.


Title: One of the largest luxury hotel groups in the world has used one of my photos without permission...which jurisdiction?

Question: [deleted]

Answer:
 Understand that hotel ownership isn't as straightforward as it may seem. Not all (or many) hotels that carry a brand by one of the major hotel groups are actually owned by the hotel itself. For example, the assclowns who own Le Parker Meridien in Manhattan have nothing to do with the same guys who own Le Meridien in Angkor, who in turn have nothing to do with the Paris hotel.

Is the company that actually owns the hotel that did the infringing (the Cambodian hotel) an American company? Have you registered your copyright with the American copyright office?Are you willing to go back to the United States to sue?


Title: If a Temporary Protection Order has been taken against my son, is he permitted to go to functions where the person requesting the order will be?

Question:
My son is in high school and has been served with a (meritless) TPO requested by a spiteful ex-girlfriend. We are preparing to go to a next week, but between now and then is his senior prom. The TPO states only that he is not allowed 500 feet within her place of work or of her school, or within 100 feet of her automobile. Would going to this dance, which she would likely be attending, be a violation of the TPO?

Thank you for your help.

(Palm Beach County, FL)

Answer:
 The prom location and any other place which is rented or otherwise under control by the school could be considered school property for the purposes of the TRO.

I would not want to have to explain to the police or a judge why I believed that going to prom was technically not a violation of the TRO.

The smart move is to not piss off the judge before the hearing.Answer #2: Yes. It is his responsibility to ensure that he does not come within that distance of her. This includes any function they're both invited to. And it includes anywhere that he may be first. If she shows up somewhere later, he has to leave to comply with the order.


Title: Stopped making payments on a motorcycle after five years when HSBC lost my account info. Motorcycle sat in my garage for 4 years. What do I do from here to acquire ownership of the bike?

Question:
So, the story goes, one day I tried to make my payment to HSBC through their phone system and it couldn't find my account. I talked to customer service and they couldn't find my account. No name, no social, no motorycle vin, nada. For some reason I just dropped out of their system. So, I stopped paying them. It seemed like I wouldn't get my title since they wouldn't know what title to give me or where it was or who I was.

 I think I owed less than $2000 on the bike at the time. That was 4 years ago. I'd like to figure out how to get the title so I can register it and ride again. I bought the bike in Arizona and later moved to Colorado. I checked a year or so ago and found that the bike still has a lean on it in AZ. But if HSBC is none the wiser about the bike's existence can I just go down to the DMV and apply for a lost title?

A friend suggested having someone say they found it in an abandoned storage unit. Then try to gain ownership that way. But I figure that leaves them with all the potential legal exposure of misrepresenting the bike if they find out we're associated. Which wouldn't be difficult.

I'd kinda be willing to get back into making payments to HSBC if I can get my bike registered and go back to the same payments I had before. I don't know if it's worth it to try to sort things out with HSBC, since first I have to convince them that I'm really one of their customers and that they've really got my title somewhere. Or if that would be stirring up a hornets nest and I should try to get the title discreetly.

Advice would be greatly appreciated. Thanks.

Answer:
 I would get the paperwork showing the lien in AZ, and mail a copy to HSBC along with a letter asking for the lien to be released so you can get a clear title.

They'll either investigate in their systems, find no loan or reason for the lien, and release it, or they'll investigate in their systems, find the old loan, and tell you to pay before they'll release it.

No misrepresentations, no attempts at fraud, and if it loan is well and truly gone, they'll probably just release it.


Title: six year old dog warrant

Question:
When I was 23 I found and took in a stray dog. My knowledge of dog ownership was limited and I only planned on keeping her long enough to find her a good home. She shat on my neighbors lawn and I ended up with a ticket and court appearance. The court date was a month out, I had already re homed her. Not only was I irresponsible, but I was actually in the hospital with a terrifying case of MRSA for about a week around the time I was supposed to go to court. So at the time the very last thing on my mind was the ticket.

Six years later... I have an internship coming up and need a clean background check. I am a responsible grown-up now. It turns out I have been running around with a misdemeanor bench warrant this whole time. So I called the Albuquerque sheriffs office. I was told that I will have to pay a fine (which is fine with me) and I will also have to appear in court. I can't do that, I have two kids, attend college full time and live in Wyoming. I need advice, should I get a lawyer? How does this work? Should I bite the bullet and take a trip to Albuquerque?  Long drive, two kids, missed classes and lost income. Suggestions?

Answer: Call around for an attorney in Albuquerque. May be cheaper to just fly there BUT less risky to get an attorney. You always risk some asshole judge who wants to prove a point.


Title: Statute of limitations for medical malpractice

Question:
6 years ago, when my twin boys were born, my wife received a spinal prior to her c-section.  It's an understatement to say the anesthesiologist screwed it up. They ended up sticking her 10 times (yes, 10 times with that massive spinal needle).

Very recently, she went to a chiropractor to hopefully alleviate some pain she is having. The chiropractor said that all the pain she is having in her lower back is caused exclusively by the multiple spinal attempts and that there is nothing a chiropractor can do for her. It's permanent damage.

Is there a statute of limitations for how long we have to sue a hospital for malpractice such as this?  Any and all advice would be appreciated. Thank you.
Topic:
Medicine and Malpractice

Answer: Depends on your state. Also, depending on your state, the chiropractor is not authorized to even make that statement nor is their work considered "treatment" to an injury.


Title: Landlord of new apartment complex says our apartment we already signed a lease for will not be available anymore, but we can have a different place for more money?

Question:
My girlfriend and I signed a lease for an apartment in the nicest neighborhood in town. Sadly, because of this, its really expensive. We got lucky that a single bedroom at the smallest square foot was available, and it was over budget but doable. We opted to sign a lease for this apartment because it was just significantly nicer of a neighborhood than everything else in our price range.

We signed the lease and put $200 down payment a few weeks ago, for a move in date on December 12th (we aren't in a rush to move out of my parents house). Everything was going well. Then we got an email today, saying there might be a delay in getting us moved in. The landlady said the previous tennants were not ready to move out (even though she said we could move in as early as Dec 06), and instead, we could move into a DIFFERENT apartment that costs a shit ton more.

How legal is this? We already signed the lease and did a down payment to hold the apartment. What should my next course of action be? (My mother, who cosigned, emailed her and said we would not be willing to pay more on another apartment)

Information: This is not my first apartment; its actually my third. I am 23, and this is in Orange County, California
Topic:
Landlord Tenant Housing

Answer: Tell them you're happy to take the other apartment if they one you signed for isn't ready, but that you won't be paying any more than you had agreed to.


Title: My job called me an ambulance, against my refusal

Question:
This happened a few months ago, so I don't really need any help now because I'm already stuck with the bill- but I'm still curious-

&#x200B;

While at work I started my period and I was in immense pain. I'm used to this and I've been excused from work before by manager because I was unable to deal with the pain.

It got really really bad, and I asked my manager if I could be excused to take a break ( i worked in a call center). I knew if I took medication and gave myself a little time to clean up and take care of myself I would be good to go. I was crying but I wasn't in hysterics. My cousin worked downstairs in HR, and I ended up asking if she could take me home and that I would probably go to the Emergency room or just stay home and deal with it, but I needed to leave.

INSTEAD OF LETTING ME JUST LEAVE WITH MY COUSIN, THE CALLED THE AMBULANCE. I kept telling them to call my mom instead or I could just leave with my cousin but instead they still called 911. I kept telling them no, please, i really cannot afford an ambulance, but they said it was policy and (i was only 21 and i had no other reason to believe otherwise if true) i had to go in an ambulance. I begged them to call someone else because I was already in debt and I really just needed to go home anyways. But they kept repeating it was policy.

The ambulance came and put me in a wheel chair thing and took me away. This is the second time this has happened when just trying to go home for period related issues.

&#x200B;

I know realistically I could have just left but they kept saying it was policy so I was scared.

I'm pretty sure since I made the choice to let the ambulance take me, I couldn't do anything about it. For future experiences if it may occur, is there something else I can do?

&#x200B;

* I ended up leaving this job because it was way too much.  I got into a really bad car accident and was transported to the hospital where I found out I was actually pregnant. The man who raised me ended up dying the next day and I talked to my manager and stated it was too much and I'd rather resign on good terms than have my work suffer because of my personal life. They offered me 1 1/2 week bereavement instead, so I went on leave. I let them know it wasn't working out and resigned.

Answer:
 You leave and walk out. You say "no thank  you" and keep moving your feet until you are out the door and heading home.

You can also tell the ambulance that you dont want to go.

You are an adult now and need to work on standing up for yourself. Maybe look at some counseling to help with this so people are not walking all over you.Answer #2: > For future experiences if it may occur, is there something else I can do?

Just leave. You may be fired but you won't have to pay for the ambulance.Answer #3: It’s policy and once you said “ER” then you escalated this into something that was an Emergency.Answer #4: So you have no recourse against your employer. They did the correct thing in both their own best interests as well as your own by calling an ambulance.

Unfortunately you had the right to refuse care once the ambulance arrived which is what you should have done.Answer #5: You told the wrong person that you were going to the emergency room. Now they have it on record that they called one for you, which relieves then of all responsibility over you from a legal perspective.

You didn't have to use the ambulance if you didn't want to.


Title: My elderly but very mentally capable grandmother wants to make a change to her will (who gets her house). But her lawyer says he wants her to have a mental health screening before he makes the change. Is that normal/legal in CA?

Question:
Thanks for you help!
Topic:
Wills Trusts and Estates

Answer:
 Good lawyer. He is trying to make sure that your grandmother’s wishes will be honored.Answer #2: Yes. It documents that she's of sound mind if someone tries to challenge later.Answer #3: This sounds like a lawyer who's planning to NOT bilk the estate with more legal charges. A new will shortly after proof of mental competence would be that much stronger in the face of a challenge, and thus in the long run probably much cheaper legally.Answer #4: He has a duty to try to ascertain her soundness of mind before making the change.  Good lawyer.Answer #5: IANAL...Not only normal but a good idea.Answer #6: The point is that if she has a recent doctor report that says she’s mentally sound, that’d make it much harder for someone to challenge the will claiming she wasn’t of sound mind when she made the changeAnswer #7: It's normal and a very good idea.  It protects your grandmother, the named beneficiaries, and the attorney him/herself.Answer #8: Having that evaluation makes it harder for the person that was supposed to get the house, before it was changed, to contest the will.  They would have been able to contest that grandma wasn't of sound mind or that she was being coerced by the now recipient of the house.  They lawyer is trying to protect your grandma.Answer #9: That’s a really good idea.

It’s really the lawyer’s way of ensuring that there is no elder abuse occurring. I worked in investments for years, mostly with seniors and their beneficiaries.

Elder abuse is a big deal in California, so I’d say the attorney is doing the right and ethical thing.


Title: NY- Getting forced to work summer vacation as staff at college (United States Merchant Marine Academy)

Question:
A little backstory:

I'm a plebe (freshman) at the United States Merchant Marine Academy in Kings Point, NY. It's the smallest federal service academy, and it runs a little behind the others in modern policy. One thing we are required to do before we graduate is spend a year at sea; however, due to sexual harassment issues, last year the Maritime Administration suspended sea year until they could guarantee the safety of midshipmen. Recently, the suspension ended and now midshipmen return to sea, but due to the lost time, many must work this summer to finish their sea days. This does not directly affect me, as only sophomores and juniors go to sea. The problem for me is that usually, summer training (called indoctrination) is worked (without pay) by volunteer junior midshipmen looking to hold a regimental position, e.g. regimental commander, company training officer, as a senior. Because so many upperclassmen must go to sea, they are now forcing plebes to volunteer to work indoc during the summer with only the promise of additional privileges as compensation. This morning they gathered us all up and one of the 2nd class (junior) midshipmen in charge of us told us, "I'm going to go through a list of names, and when I call your name, tell me yes or no to working indoc. If you say no, you'll have to explain why to LT [Commanding Officer] why not, so you better have a good excuse."

TL:DR I am being forced by my Academy to "volunteer (without pay) during the summer"

I have not seen my family since Christmas, and the summer was the longest break I was promised all year. If I don't see them now, I won't see them until November. I just want to know if I have any right in this situation to refuse to volunteer, or if they really do have the authority to use my labor without consent or compensation.

Any advice helps, and I really just want to spread this to get some coverage and make sure the people in charge of this are held accountable.

Answer: The rules really are not the same when you're dealing with the government in a capacity like this. They likely have the authority given what you agreed to when you enrolled. I know that's how it works at the naval academy in Annapolis, for example.Answer #2: You signed a contract or agreement when you arrived yourself, what does that say? They can probably expel you for any reason or no reason. They can't force you into slavery but they can kick you out for refusing to volunteer.


Title: [CA] SO and I were drugged at my company holiday party in 2017. Now we have a name. How should we proceed?

Question:
We knew we were drugged. We blacked out at the exact same moment after two plates of fancy buffet food and splitting a bottle of wine with the table. My mistake was grabbing a bottle off another table (every table had a white and red on it). We woke up the next day in a hotel we didn't pay for (owner of the company put us there), no memory of anything after dinner, and in extreme distress. Apparently we had misbehaved, and acted completely out of character. We knew we were drugged but all of my co-workers thought we were drunk and found it hilarious.

This weekend it was brought to my attention who did it. This guy, who up until now I thought was a fairly nice, chill guy. He's included me in breakfast runs since the incident. Apparently he thought it would be funny to put fentanyl in a random wine bottle and see what happens. Two other people besides us had a similar experience. Employees are sharing this information like it's some kind of joke.

I want him to pay for it. We are aware that since it's been some time since the holiday party we might not have a case as proof would be hard to come by. But we think the police would be interested in getting some low life with fentanyl off the street. I just don't know what's best as far as letting the police know, going straight to HR or what. I would like to keep my job, but I at least want this guy on a list and fired.
 So legal advice, how do I handle this?

Please and thank you.

Answer: That is psychotic what that person did and they need to be held accountable.  File a police report immediately, then bring a copy of that to HR. Let them know you are not letting this go and will take it as far as you can with the police including testifying. Answer #2: File a police report first and then take that to HR. He could have killed someone, this is really serious.Answer #3: You've effectively been poisoned, talk to the police, then talk to HR.


Title: Money appeared in bank account

Question:
I'm not sure if this warrants being posted here, please delete if not.

Over the past 6 months I've been paying off a trip to Bali. I made one final payment on Thursday 25th of May to the travel company. The money left my account and I could see the transaction had occurred when I checked my personal banking app. Exactly 1 week later I received a routine text message from my bank informing me of my balance. I knew immediately this was more money than I thought I had. Quickly did the math and the money that appeared back in my account was the amount I paid STA travel the week prior.

Obviously I went down the route of calling my bank. They checked the payment and said it had cleared and couldn't tell me where the money had come from. Suggested I call STA travel. So I did this and the woman said everything appeared fine on their end, that my bank should be able to tell me where the money came from. Confirmed that the payment had not been cancelled as I was the only person who could do this.

I'm at a loss now. Gave it the weekend to see if the payment was pending and would clear this morning. Nope. Money is still in my account.

I have all my receipts from STA to show all the payments made. I've linked my latest receipt from them and what struck me as odd was the "payment due" at the end appearing in the minus. It looks like they owe me money? Although I definitely have not overpaid, I would have noticed such a large amount. Could this be something to do with the mystery money?

Also, there is no visible transaction appearing in my banking history to view where the money came from. It literally just appeared out of nowhere, or so it would seem.

I don't want to touch the money as I don't think it's mine. However, if neither my bank or the travel company can tell me where it came from...what else am I supposed to do? I don't want STA to realise some sort of error on their behalf a week or so before my trip and tell me I have to pay them such a large amount.

[receipt](https://imgur.com/a/P9RIq)

Answer:
 Make sure you have the money to give back to whomever may come asking for it when that comes around.  It unquestionably will.  Quite possibly, as you suggest, from the travel agent around your travel date.

Beyond that you don't necessarily have to do anything.


Title: Certified mail on the way...

Question:
Hi I am in Mississippi and kind of the paranoid type.  i checked my usps dashboard and I have certified mail coming from ACCOUNTABLE DOCUMENT SYSTEM LLC San Diego, CA.  I've never been to Cali.  I do have a few credit cards I am behind on.  Any idea what they would be sending me?  I put this in legal because usually certified mail is a summons or something of that sort.  I figure if it was a summons it would come from my home state.  They are probably suing me.  Thanks
Topic:
Credit Debt Bankruptcy

Answer:
 Maybe it's a batch of cookies! I got a batch of cookies sent to me once. It was very exciting.Answer #2: I don't sign for certified documents as a matter of personal policy.  Never once was I pleased with myself for having signed for one, so I just decided to stop.

Then again, I only check my mail once a month as well.


Title: Can I sue for lost wages?

Question: [deleted]

Answer:
 >I feel like my family owes it to me to compensate me in some way for sacrificing my time to take care of my grandmother, for free, for 6 years,

Your family are not your employers.  You choose to do this,


Title: Completely Confused. Need Help Understanding Traffic Tickets [Husband]

Question: [deleted]

Answer:
 >1) Do speeding tickets accumulate extra fees if you don't pay them?

Yes. Also, warrants for failure to appear.

>2) How do we find out how much money he owes in tickets?

Contact the court clerk in the jurisdiction were your husband received the tickets; they should be able to point you in the right direction. The tickets may have actually gone to collections at this point.

>3) How do we go about getting his license back?

You'll need to satisfy the tickets, get the warrant(s) withdrawn and have his license re-instated in MO (IL and MO likely share their DMV info). Your best bet will be to hire a traffic ticket attorney in the jurisdiction where he received the tickets.Answer #2: Consider paying to have a background check done on your husband. There might be more (especially since you said you don't believe him).


Title: Joint decision making?

Question: Me and my ex have joint decision making for our toddler daughter. He and I have differing opinions on exactly what that means. He thinks it means he can veto any babysitter I get, no matter the circumstances. I’m under the impression that I can acquire short term care without his consent or ability to veto my sitter. He lives 300 miles away, so he doesn’t have the right of first refusal when I need a sitter. I usually leave the child with a family member he grudgingly approves of, or her daycare provider when possible but recently had a situation where I needed someone to watch her unexpectedly for an hour when neither of my typical carers were available. I chose someone I trust who was available and willing at the last minute. Now he’s harassing me about it.

Answer: Joint decision making is pretty much just a designation that says the court will decide if you two can't because there's only two of you so it will always be the tie breaker. So, considering he's 300 miles away and isn't providing you any alternatives, if I were in that position, I'd let him take me to court over it if he didn't like it.


Title: I was sexually assaulted by a woman, and she got pregnant. What now?

Question: First off, I'm new to Reddit, so I hope I'm doing this correctly. About a year and a half ago I was homeless. A woman I knew (but distanced myself from) offered me a place to stay for a day or two, and food while I was there. Being winter in Indiana, I accepted. I used what was essentially the last of my gas to get there (she lived in BFE). Once there she essentially told me she wanted me again (we'd slept together a few times before in the past, months before this incident). I said I wasn't comfortable with that and she said I could do it or leave, called me a sex addict and said I'd like it. Condoms weren't available and she ended up getting pregnant. I work part time but I'm about to quit to be in college full time. Unfortunately she took me to court for support and it's taking my entire check. I've lost my home as a result. What can I do in this situation? I know nothing about family law, and no one locally has been helpful.

Answer:
 What you describe isn't sexual assault as defined by law. It was manipulative if she kept pressuring you, but that doesn't negate consent. The only thing you can do is consult an attorney if you believe your child support should be modified, but since the infant can't be very old, it's doubtful a modification is possible at this time.Answer #2: Have you reported the assault? Without reporting the sexual assault, it's going to be hard to argue against support.

Even with the sexual assault, the support is for the child, not for her, so the state may still decide to go forward with it. You might want to contact [Indiana Legal Services](https://www.indianalegalservices.org/).

Finally, there is no way that support is taking your entire check, as Indiana caps the percent of your income that can go to child support.Answer #3: Are you saying she forcefully had sex with you while you tried to say no or otherwise did not consent?


Title: [FL] Motion for appeal help...

Question:
Today I had a court hearing for a traffic ticket. As you can assume I was deemed guilty basically because the cop said so. No hard evidence or proof, but the judge sided with him.
This was my first court time ever being in a courtroom so I was pretty nervous and froze up when I couldn't capatalized on the cop's inability to provide any substantial. This is a minor traffic offense so this isn't about the money but more so an experience and test to see if my new found interest for criminal justice is real.

Now where the problem lies is after filing for an appeal, the clerk told me that it isn't a sure thing to be granted an appeal. I don't want the help of a defense attorney because I want to test myself and know what to expect the second time around, but how will I go about this appeal if the judge denies my request since it's a minor traffic violation? Also, will the same judge be appointed if in fact that request is granted.

Thanks for the help.

Edit: I feel like some context could probably help. So 4 months ago I was stopped by a state trooper and was ticketed under the "move over law". I'm not denying the fact that the officer indeed had the right to stop and ticket me, but under florida law it specifically states, that if I'm unable to switch lanes (which I was), I'm required to drop 20mph of the original speed limit (which I did). Given all the variables and uncertainties associated with the officer, the judge ruled that based on his "experience" and his "word", that he was able to correctly determine my speed which gave her(the judge) proof without a reasonable doubt that an offense was committed. Mind you this event occurred 4 months ago in which the officer had no notes or my reasoning behind taking the ticket to court.

Answer:
 You can't appeal just because you don't like the verdict. You have to demonstrate that there was an error of law. If you want to test yourself, you can go to law school to learn what justifies an appeal.Answer #2: > because the cop said so. No hard evidence or proof

Police statements ARE EVIDENCE. I don't understand why people think they don't count. They are a witness. A highly credible, disinterested one.


Title: Is anybody legally responsible if you fall and hit your head after drawing blood at Kaiser?

Question:
**Location: CA, USA**

My doctor recently ordered 5 vials of blood be drawn at Kaiser. The Phlebotomist didn't really talk to me or give me any warning about my blood sugar, dehydration, or whether I ate for the day. After my blood was drawn the phlebotomist pointed at a picture stating I should sit for 5 minutes and to hold pressure on the injection site to prevent bruising. I did so. I felt find and then went to wait in line at the pharmacy. After a few minutes I fainted and hit my head on the tile floor. I received a 3" cute that required 6 staples and several missed days at work.

**TL; DR;**
**Is anybody legally responsible for this?**

Thank you in advance.

Answer:
 The phlebotomist probably did not inquire about low blood sugar, or if you ate, or if you drank because none of that is relevant to the average person getting lab work done. 5 vials of blood, depending on the tube and test are minimum 0.5 mL - 7 mL maximum. So, worst case scenario, the labs took 35 mL of blood. One ounce has 30 mL. So maximum a little over an ounce of blood. You have 8 to 10 pints on average depending on your size.

More than likely you fainted/fell from the sight of needles or blood, plus the sudden standing in line, which can happen pretty often.

Medical malpractice and personal injury lawyers offer free consultations typically. It sucks that you needed staples and had to miss work, just not seeing how Kaiser is liable based on what you are describing. How could you say that losing a little more than an ounce of blood resulted in you falling and hitting your head?


Title: Is it legal for an employer to require me to put my own money in a cash register if my register comes up short? [Pa]

Question: Pretty much as the title says. I've been at this small mom and pop shop for nearly 6 years and my employer messaged me today to tell me that if my drawer is short, I have to pay out of pocket to cover, if the drawer is over, I do nothing. They keep it. My drawer is RARELY over or short more than a few cents, and even more rarely, a dollar or more. Is this legal? I dont necessarily want to get my employer in trouble as I'm very close to the owners, but I guess I just want to know for my own benefit. Accidents happen, and I'm all about owning up to my mistakes (even more so if it can be proven), and honestly, if I made a huge mistake I would absolutely want to make it right, but can they actually FORCE me to make it right? It also doesnt help that 1-3 people could be working on the same cash drawer at any given time, so to know exactly who and when a mistake happens can be really difficult. Thanks for any insight!

Answer:
 Your employer cannot force you to pay for the shortage.

Your employer can fire you for virtually any reason, including the drawer being short.


Title: Someone is trying to get me kicked out of my school

Question: I am in a private school in queensland Australia, I was once friends with this kid, I have been suspended because this kid told his parents about a week ago and they told the school I had a VPN and had discord and like 6 months before that I got caught for having a VPN so I got suspended. Now this kid and his parents have told the school about some weird nsfw pictures we had in our discord dm that I sent about 2 months ago and the school is now reconsidering enrolment for me. The school says I am sexually harassing this kid even though i sent those images once. Also when I got suspended for the VPN the school looked through my discord account without my permission.

Answer: None of this is a problem for the school. Much of this is a problem for you.


Title: Co-worker reported me for sexual misconduct

Question:
Hello,

This is my first time posting here, I'm truly sorry if I break the rules or anything.

I flirted with my coworker, and touched her chest while in her car, and that was all that happened.

The next day my boss told me I'd have to be suspended because of a police report. But then after 5 minutes boss gets a call that says there was no need to suspend me and got me back on the clock. (During those 5 minutes I went to get my coworker to ask about it. We discussed it. No bad blood between us, so we went to make that clear to boss. Boss interviews us both privately, makes us both write a statement privately. Which according to boss, both statements are perfectly similar, and claim they are confident this will go away and nothing will happen (maybe to calm me down) and to just keep working as usual.

Around 2 weeks later co worker tells me an investigator called her to say they haven't forgotten her, that the case is under investigation and to ask questions. Which triggered me to write this post. Co worker claims that every time she was questioned, she claimed she did not want to press charges, did not want to appear in court, etc.

The police have not contacted me. In fact, a police officer talked to me a few days ago if I had seen (x) person shown in the picture. Completely different case.

Me and co-worker get along. We talk on Snapchat everyday and all that jazz.

Am I truly screwed? I cannot afford a lawyer. I cannot let my mother know about the report because I don't want to break her heart. I'm going to get a criminal record check soon because of my citizenship application and I will probably faint if anything about the police report shows up. Any advice?

Answer: Don't touch the chest of a female who hasn't invited you to do soAnswer #2: This makes no sense. You and the co-worker get along, yet she filed a police report about this incident? Sounds like perhaps you don't get along as well as you think you do.


Title: We found a coin in our jar of grape leaves

Question: I'm not really sure if this is the right place for this, but here goes. Today my mom opened up a jar of Sadaf California Grape Leaves and found an old Turkish coin ingrained between the leaves. I'm not really sure if it's that big of a health hazard, but we're going to throw the leaves away regardless. When we called the company they told us that a manager would call us either today or tomorrow. I'm pretty sure it's not really sue-worthy but we'd still like to know if we can have any form of recompense. We live in Oregon, and the company is supposedly based in LA, California if that helps. Thank you!

Answer: Your recompense will be another jar of grape leaves as a replacement.


Title: (FL) I got caught taking pictures of a girl's feet in public

Question: It was all in public places only. I happen to like feet and I take pictures of girl's feet when I see ones that I like. I was on the bus and I saw a girl with hot feet. I screwed up by forgetting the sound on my phone was on so it made the shutter sound when I took the picture. She told the driver which I didn't know about. A cop came and pulled me off the bus. The girl was 15 which I didn't know about, I thought she was older. I found out her mom is a cop too which I think is influencing them against me. My phone was also taken as "evidence" and it had other pictures of other girls feet. They are still investigating they say. It's not like I was making child porn or anything. Any trouble with the cops could screw my financial aid for school. Since it's not illegal to take pictures of people in public can I actually be charged with anything?

Answer:
 1.  You're creepy. Stop creeping on people.

2.  It is legal to take photographs in public.  So you committed no crime.  But did I mention that you're creepy?

3.  You're almost certainly not going to get charged with anything.  Well, rephrase, they may get a search warrant for your computer based on the "he's a creepy person who sexualizes young women inappropriately."  And if they find anything actually illegal you're toast.Answer #2: You're creepy.


Title: Legally, isn't Escambia County (Pensacola), Florida committing extortion?

Question:
So my car's tags expired on April 23rd. I registered my car for roughly $60 on April 29th. My main source of transportation is actually not the car, but my motorcycle. Well due to the massive amounts of rain we got here in Pensacola and the damage done to a lot of the roads, I decided to take the car to work on the April 30th and May 1st.

Well, guess what. I got pulled over on May 1st by a State Highway Patrol Officer and got a $113 ticket for dead tags.

So today, I went down to the clerk's office on my lunch break and explained to the clerk that I had already paid for my registration online and was just waiting for the sticker to come in the mail. I even showed her the confirmation documentation that I received when I paid for the registration.

Well, the confirmation documentation was not enough. You have to have the actual paper that the registration stickers come on.

She gave me three options. 1) Pay the $113 ticket + $20 fee for using a card instead of cash. 2) Get my car registered after the ticket and pay $103 in fees + $20 for card instead of cash. or 3) Prove that I registered my car before the expiration of the tags and pay a $10 dismissal fee (which I don't understand why I would have to pay anything for being innocent).

When I asked about taking it to court, she promptly said (verbatim), "Well you wouldn't want to do that. The court could charge you anywhere from $250 to $500 fee for taking it to court, a $20 subpoena fee for the officer that pulled you over, and that does not include all of the normal court and violation fees."

Isn't that just one way of saying, "You can just shut up and pay the $113 or $103, or you can try to take it to court and pay over $520"?

Lucky for me, I'm only going to have to pay $10, but for some people in Pensacola (and everywhere else), $113 could decide whether or not they eat that week, pay rent, or whatever. Even if they go ahead and register their vehicle, they still have to pay $103 on "court costs" and $60 (depending on their car) for the registration that month.

This all just seems very fishy to me. It's kind of fucked up.

Answer:
 > Isn't that just one way of saying, "You can just shut up and pay the $113 or $103, or you can try to take it to court and pay over $520"?

No.  She's saying that you run the risk of getting a fine of over $520.  You might also get $0, if you win the case.

I think, by the way, that your fine is the $123.  You get the $10 charge if you renewed your tags before they expired.  You did so six days after.Answer #2: The fact that you had filed for registration is irrelevant. In Florida, it's a violation of law to operate a vehicle without valid tags. The clerk is likely correct and no, it's not extortion.


Title: [Tennessee] My landlord gave me a 2 week notice to move and changed the locks.

Question:
Throwaway account because my friend knows my Reddit username. I apologise for how long this may get, but I want to give as many details as I possibly can.

My best friend's mother bought him a house last year. He convinced me to pay near 1,000$ to break my lease and move in with him in January. So we paid rent at the house to cover the mortgage to his mother. There was no lease, just verbal agreement to pay the rent and utilities.

So about 5 months into living there (2 months ago), my friend tells me that he wants to sell the house and gives me no say in it. So they began showing the house, all the while never giving me a 24 hour notice for showings. They told me that I could move back to Arkansas with them, but I can't because I'm starting school in TN and out of state tuition is an extra 2000 dollars. So I started to keep my eyes peeled for an apartment.

Last week my friends mother (the landlord) comes into the house and tells me that they got an offer on the house and that I have 2 weeks to get out. She also informed me that she would be in the house every 7 o'clock morning Monday thru Wednesday to fix some things the buyer wanted done. Being that I work really late I just went to stay at my mom's.

I happened to find an apartment, but I had to throw all the money I had on the deposit and I still can't move in until the 6th. The landlord texted me and told me to leave the rent on the counter on the 25th (the day rent is always due) and I told her that I couldn't, that moving is costing me too much. She then proceeded to threaten me with false accusations of terroristic threatening against her son (my friend and I got into a huge argument over the situation but I never said ANYTHING like that nor would I ever). So I told her I would just stay here at my mom's until I can move into my apartment.

I packed as much stuff as I could and moved it all here to my mom's, where she really doesn't have room for me and my things, and left my furniture that I can't get until I have a moving truck. My 2 cats are currently locked up in a small room here at my mom's.

So I come back to get more things to bring and I find out that the lady who is buying the house requested that the locks get changed. So now I can't even get into the house to get my furniture unless I call the landlord to call the realtor to let me in. All my stuff except for my furniture was moved into the garage that's also locked. Luckily I know the garage code.

I just want to know, is what they're doing unlawful? Could they seize my property?Do I have grounds to sue? I probably won't sue, seeing as it's my best friend's mom, but I just feel like I'm being taken advantage of. If you have any advice or questions for me let me know.

Answer: Yeah someone correct me if I'm wrong but this sounds like an illegal eviction. OP should be able to sue the pants off their landlord and easily win. Answer #2: Call your landlord and demand access to the house - inform them that it's an illegal eviction and you will call the police if they don't give you access.


Title: [NYC] Friend wants to register his car in another state to save on insurance.

Question:
I'm convinced that it will end badly for him. He wants to sign the car over to his father that lives in Florida so that he can pay significantly less in car insurance. He won't be getting a Florida license or anything like that but would instead be driving a car "borrowed" to him.

I'm convinced this will end badly for him but he thinks saving the money is worth it. My question is if/when he does get found out is he looking at jail time, repo or something else?

Edit:  I understand that this is not legal. I'm asking what the penalties would be in the event he got found out.

Answer: Insurance fraud is a crime, also if he gets in an accident he won't be covered.Answer #2: This is known as "insurance fraud", and is highly illegal.


Title: WI - Can I be forced to undergo dangerous surgery?

Question: [removed]

Answer:
 Trolling?

No one will make you undergo surgery. I do like that you managed to make yourself sound horrible in so many ways with so little text.


Title: My nephew is away at college and he rented out his neighbor's house on air bnb while she was away on vacation with out her permission. He was not house sitting and had nothing to do with the house. The cops came and found guests there. She works in DA's office. What happens now?

Question: Texas

Answer:
 Your nephew is an idiot for thinking he wouldn't get caught.

He is facing criminal charges and a civil lawsuit for any damages, plus whatever his school decides to do to him.Answer #2: How did he get her house keys when he wasn't even so much as house sitting?Answer #3: Criminal trespass, unjust enrichment, a civil suit for the cost of repairing anything he or his tenants damaged or removed, theft (or conversion, it's unclear to me, but both are serious crimes) if anything is missing… Plus possible academic discipline for honor code violations if his college ever catches wind of this.


Title: [SC] I think I committed debit card chargeback fraud by accident - What do I do and how much trouble could I get in?

Question:
I returned an order to Amazon (~$700) at the end of July and Amazon sent the refund to my original payment method. My original payment method has been closed for months and I don't have any open accounts with that bank. Their policy is to mail out a check, but for reasons unknown, the bank returned the refund to Amazon.

I contacted Amazon and they verified that the refund was returned and said they would send a check to be delivered via mail within 10 business days. Three weeks went by and after multiple calls to Amazon and several clueless CSR's, I had no idea where the overdue check was and wasn't sure it was being sent at all.

So I called the bank again to get more info as to why the refund was sent back, and the CSR advised me that I should file a claim since I returned the item almost a month ago and never received a refund via check. So I filed a claim and a temporary credit was put in a new account. I already took the money out because I needed it for bills, groceries, etc. I filed the claim about a week ago and the credit was given the next day (last Friday).

Lo and behold, I got a check in the mail from Amazon last night. I haven't cashed it yet because I've already spent the money from the claim credit. If a claim investigator contacts Amazon and finds out I cashed the check, it will look very fraudulent on my part.

I need advice about what to do next. I don't know if the claim investigator has already contacted Amazon regarding the chargeback, but if they have, Amazon may have cancelled the check they sent me. So if I call the bank and ask to cancel the claim, then I could potentially end up with no refund because the credit from the bank will be reversed and the check from Amazon might be cancelled.

I really appreciate anyone who takes the time to give me advice! It sounds silly, but I had nightmares last night about getting charged with a felony for fraud lol.

Answer: Just call the bank and reverse your claim. The claim is that you never received your refund, so now that you have you can cancel it.


Title: (Florida and New York) Girl in Florida is pregnant with my daughter. What do I have to do to establish paternity/rights?

Question:
Ok, so myself and my girlfriend are having a baby. Obviously not planned because distance. She is 26 weeks along, we're having a baby girl. We're over the moon even with the unexpected nature of the situation.

Because she and I aren't married, what do I have to do to make sure I have rights to the baby? What are my obligations legally? How would custody work with us in different states? Would it be easier if she and I just got married? If we did, would it be easier if we did before or after the baby? And if we got married after the baby, would it change papers for the baby?

Answer:
 >Because she and I aren't married, what do I have to do to make sure I have rights to the baby?

If you won't be present for birth and she doesn't list you as the father it will cost you thousands to establish paternity.

>What are my obligations legally?

Depends on a million things. If you two are amicable, keeping her happy and your child healthy, if you aren't, child support.

>How would custody work with us in different states?

That would likely be extremely difficult and you'd get visitation if you didn't move to where she is.

>Would it be easier if she and I just got married?

Don't just marry someone for a baby.


Title: [MT] Airbags Did Not Deploy

Question: Hello everyone, last Wednesday I unfortunately got into a car accident. I was slowing down coming towards a 4 way stop sign and my car hit a patch of ice and caused me to slide into the back of another person's car. I was probably going around 25 mph and my airbags did not deploy. I have been in another accident with this car where I was rear ended by another car that was going at least 30 mph and the airbags did not deploy then either. The crash caused my neck to be sore for a few days but I don't believe that there were any lasting damages. I wanted to know if anyone thought I might have a legal case against the car manufacturer for the airbags not deploying, even though there were no severe physical effects (though there could have been in a worse situation)? Thank you for your help and wisdom.

Answer: No. Airbags don't deploy in all conditions. If your only injury is a sore neck consider yourself lucky.


Title: [ME] Can I stop my mom from collecting child support intended for me?

Question: [deleted]

Answer:
 The money is not "intended for you" and it never was.

Your dad can challenge it in court if he wants.


Title: (MI)Signs in a sex offenders yard

Question: [removed]

Answer:
 In his yard? No. That’s illegal, and it’s called trespassing.
If only there were a central database where everyone, including your neighbors, could look up these sorts of people on their own.Answer #2: No, you can't put signs in *someone else's yard*. It's someone else's yard! What is the matter with you? Answer #3: Out of curiosity, do you think that people that have been convicted of a crime should ever be allowed to live without being shunned or publicly shamed/ridiculed? Do you think that there is no point to attempting to rehabilitate criminal offenders?

Also, are you sure that your signs wouldn't be defamation? There is a fine line between stating facts and defaming people.


Title: At what point is considered threatening?

Question: So my wife's mother came to my house after we told her not to (her and my wife's father are crazy and violent drug heads) anyway me and her mother got into a verbal altercation and the cops came right after she left. The cop told us that since we've had so many problems before that we need a paper trail and she helped us and wrote a report. Well as soon as the cop left, my wife's father sent voicemail after voicemail, many of which contained "it may not be today or tomorrow but you better have eyes in the back of your head pussy" and "you and your family better make the right decisions and move to a different house" all in a threatening tone. Is that considered threatening even though he didn't clearly say what he would do?

Answer: Yes. Report it.


Title: Corporate expenses for business travel (California)

Question: Corporate just decided last year to make it a rule and force employees (we travel a lot) to use corporate cards for all business expenses while traveling ... obviously it's so the company (bank) can get the points for themselves or kick backs whatever. They said there would be strict punishment even chance of non reimbursement if using your personal cards. My question is that whether this is legal or not. Can companies FORCE us to use their corporate cards or if not using it can they not reimburse you for business travel expenses that are directly related to the scope of your work? This is california btw ... we are a bit spoiled in labor laws so that's why I ask. Thanks!

Answer: Yes, they can require you to use a corporate card for travel expenses.


Title: [TX] reporting sexual assault

Question:
Hello everyone

I was sexually assaulted in Denton County on a university campus in late October. I do not live in Denton county. I have no evidence but nonetheless it happened and I'm not handling it that well. I understand that if I report, I can potentially get some counseling free of charge. However I'm very worried that if I report, I'll either be dismissed or my attacker's family (they have some money) will hire some shark of a lawyer to dig up every bad thing they can possibly find about me and make it public. I was planning on applying to graduate school in the fall and that could potentially ruin my life.

I haven't been able to find anything online and nobody at the Denton PD will answer my questions unless I agree to file a report.

Is there a way to file a report without pressing charges? If there is no proof, what will happen? I'm terrified that if he or his family find out, that they're going to make my life a living hell. How does this work? Can I be forced to testify if this were to go to trial?

Answer:
 You can file a police report. The prosecutor will decide whether to press charges.

How many bad things do you have in your past that could be worrisome? Especially that would impact you for a grad school interview?

If the prosecutor goes forward with charges, you could be subpeoned to testify, which would oblige you to testify in a court of law.


Title: [MO] My mom was shot by a co-workers "client".

Question:
I'm obviously really upset that my mom got shot but what I'm more angry about is how it happened. My mom is a probation/parole officer. There's obviously an assumption of risk in that line of work however the State has not taken any steps to ensure the safety of their employees. The office my mom works at deals with many violent criminals. They have no armed guards (the probation/parole officers are not issued firearms) and no metal detectors for the "client" entrance.
Not sure if she has a case for damages due to something like negligence on the State. Before we consult with an attorney I'd like some ideas on a few things.
1- Is there even a case for a lawsuit?
2- What sort of things should my 58 year old mother be considering in this situation?
3- Would a personal injury attorney be the right call?

Answer: Your mom should be entitled to workers compensation for the workplace injury.  That's the end of liability for the State (her employer).  She can sue the shooter for damages as well, but if it's a person she will ever recover from, the workers' comp. insurance will also subrogate what they can against that recovery.


Title: Can company just start making all non-salaried employees become 1099 contractors?

Question: Are there any legal implications to laying off people in multiple departments and then asking them to work as Independent Contractors instead?

Answer:
 The basic elements of a contract are offer _and acceptance_. You can't be made a contractor without a contract.

You can, however, be fired, and offered a contract role - assuming the role really is independent. Simply offering you the same job back (with the same responsibility structures and lack of autonomy you have as an employee) is not legal, although it does happen depressingly often, and can leave your employer liable to you for the benefits of full employment.


Title: [GA] Does a employer have a right to send drug analysis to probation officer?

Question: Does a employer have the right to send a drug test if one of the drug category's tested positive to a drug that I am not allowed to be on via my probation rules?

Answer: Maybe you just shouldn't do drugs when on probation?Answer #2: They are allowed to, yes.


Title: Can I be sued for breaking non-compete if I'm an independent contractor? (Alberta)

Question: [deleted]

Answer:
 I can't speak to the "contractor versus employee" dichotomy, but: Generally in North America, non-competes have to pass a "reasonability" test otherwise they will not be held up in court.

So first and foremost, the best angle to look at is time. Is there a time frame listed? A non-compete clause, in perpetuity, will almost certainly never hold up in court. Second, did you acquire any trade secrets while there? (Heh.) Are you receiving additional compensation for the non-compete period?


Title: Cited for weeds in February.

Question:
Today I received an email from my landlord saying that the city has cited the house I am renting for "weeds in my yard."  I need to pay him $75 immediately he says, or the amount will become $100. Short and sweet.

There are two problems I have with this.

The first is that it's the dead of winter.  There have been no weeds in my yard for months.

The second: there were weeds in my yard at one point, in June this summer.  I left the country for a month and a half.  When I did, I let him know I was going (and paid him rent for that period up front), and asked him to check on the house occasionally while I was away (I also asked the local PD to do this). I received no response from him.  Needless to say, weeds grew, and were cut down when I returned in July - but I have no idea about any citation.

Do I have to just fork over $75 in response to this email?

-Raist

Edit: Super sorry, this is East Falls Philadelphia here.

Answer: Take a photo of the yard and ask to see the citation first.Answer #2: What does your lease say about yard maintenance?  If it's your duty, and he was cited because you left town and didn't do it, you owe it.


Title: How much can I sue for invasion if privacy? I've caught my landlady on my security camera entering my locked room with a friend of hers while i was gone and without any prior notice of entry. She saw my camera, panicked, then left my room swiftly. It was all caught on camera.

Answer:
 Between $0 and more than $0, but depends on your location.

Generally speaking, this isn't going to result in a huge cash windfall.


Title: Broke my Glasses at work, will I be reimbursed for replacements?

Question:
I live in NJ. Earlier today a 20lbs box of cat litter fell off a shelf and hit me in the face. My glasses broke. My nose and forehead is swelled and bruised and tomorrow I'm going to schedule for a doc appointment with HR just in case. I already filled out an incident report with my supervisor and mentioned the broken glasses.

I'm blind without my glasses and cannot legally drive without them. A coworker helped me tape them up so I could drive myself to an eyeglass place that's covered by my insurance. I got my lenses put into new frames. Cost me $79.95

Will I be reimbursed?

Answer:
 Ask your employer if they will reimburse it first. Absent an employment contract, I don't see what recourse you would have.

Remember, HR doesn't have your best interests at heart. They work for the company, not you. Document any injuries on your own as well. And make sure you get copies from HR in case you need to file a worker's compensation claim in the future.


Title: My sister is mentally disabled and her boyfriend is dealing coke out of her apartment :(

Question: [deleted]

Answer:
 Your parents are legally responsible for her and are not doing their job. They need to fix this or legally they could get in trouble. I don't know why they would let a 14 year old have her own place anyway.

Your parents need to bring her back home and take the loss on the apartment.


Title: Some creepy website has unauthorized data for lots of Dallas bartenders (TX)

Question:
[removed]
Topic:
Advertising

Answer: Name and employment address is nothing that you can force them to take down.  That's not private information.  Depending on the photo used, if the owner of the photo (the person who took it) doesn't want it up, they can send a DMCA takedown notice to the site.


Title: I believe my girlfriend is a victim of identity theft and a collections agency is going to start garnishing her wages

Question:
Hi all,

my girlfriend was just sent a second notice, even though we did not receive the first, and was told that they will begin to garnish her wages during the next paycheck. The amount is over $2,000 and I am assuming that it is because a loan was taken in her name. On the court document there is also another name as a defendant who she has never met. I am really unsure on what to say because we have never dealt with anything like this before but what should we do to prove that it was not her who took out the loan. I have read quite a bit online and it seems like a very long process where we would be forced to hire a lawyer to file a counter suit and it would be terrible to have to spend money in order to defend her against something she didn't do.

Thanks

Answer:
 Is there a court case of any kind listed?

A company can't just decide to garnish wages... they have to sue, go to court, win, and then receive a court order to garnish the wages.Answer #2: She should contact her employer and obtain everything that they have about the garnishment.  She should be able to find out who the plaintiff is, who their attorney is, what court the case was filed in, and the court case number.  She should contact the plaintiff's attorney and explain that they have the wrong person.  If they don't dismiss the garnishment, then she will need to file some kind of motion with the court that it was filed in to stay it and contest it.


Title: Hilton is cancelling our room block of 65 rooms a week before our wedding

Question:
Hi /r/legaladvice

The title of the post says it all. Just got a call from a manager of a Hilton in Connecticut a week before our wedding letting me know that the room block we arranged over a year ago will be cancelled.

Is there any protection I have against something like this? Here is the terms and conditions from the reservations.

Terms and Conditions:

Reservations must be made online by July 28, 2016.

Rates published are for single occupancy. An extra person charge per person may apply for 2 or more guests sharing the same guestroom.

There is a 15.00 % per room per night tax.
Payment for room and tax and all incidental charges is due in full upon check out. Payment can be made by cash, by certified check, or credit card. Hotel accepts American Express, Diners Club, Discover Card, Duet Card, Eurocard, JCB International, Maestro/Switch, Master Card or Visa.

If you wish to cancel, please do so 1 day prior to arrival to avoid cancellation penalties.

A limited number of rooms for guests with special needs, in accordance with ADA, are available. Please contact the hotel reservations department to confirm your arrangements.

At check in, the front desk will verify your check-out date. Rates quoted are based on check-in date and length of stay. Should you choose to depart early a departure fee will be charged.

We reserve the right to cancel or modify reservations where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.

Update:

The Hilton is attempting to move our block to the Marriott located a couple of miles away. While I'm happy that my guests will still have rooms, it seems pretty shitty that they would simply move us without any consultation a week before the wedding. I'll have to get the more detailed terms and conditions per some of the comments below to see if there is any other recourse we may have.

Update 2:

Thanks for the advice everyone. I'm in the process of flying back to the East Coast from CA right now for what was planned to be a relaxing few days. Once I get back I'll be able to update this more. In the meantime any advice or experience you all have is greatly appreciated.

Update 3:

The Hilton has moved forward with transferring our reservations to the Marriott. Currently the Hilton is handling the entire process terribly, guests are still receiving their welcome emails for their upcoming trip and calls the Hilton corporate number are showing all reservations as still active. They also did not provide conformation emails for my guests to the Marriott when communicating the change to all of them via email, (something they told me on the phone they would do) so my guests are unable to confirm their credit card information at the Marriott with the number the Hilton provided in the email. After calls to the Marriott, I was able to confirm that my guests can in fact confirm their reservations by calling that hotel directly, but that was not the phone number the Hilton provided in the email to my guests. It seems the Management at the Hilton's entire approach was to drop this information on a Friday afternoon and hope that when they came back on Monday my guests would have everything figured out. I'm shocked at how incompetent the Hilton has been at every level.

Answer:
 I work in hotels.

The legal terms you copied and pasted are NOT from the contract you signed with the hotel when you setup the group block.  Instead, these are the legal terms posted online or in your confirmation email when YOU booked your individual reservation, and only covers your own reservation.  Those exact terms are attached to every reservation made online, not just for your group.

What does your actual group contract say?  This is what you would have signed when you setup an official group with the hotel a year ago.  Was your block setup as a rooming list or individual bookings?

Also, what was the reason the hotel cited to "cancel your block"?Answer #2: >the room block we arranged over a year ago will be cancelled

What do you mean by this statement?  Do you mean that people who reserved rooms already won't get them at all, or do you mean that they still have room reservations but that they won't get the rooms at the quoted "room block rate"?  Or do you simply mean that reservations under the "room block rate" quote had to be made (online) by 7/28/16, and they were just calling to let you know that nobody can get the "room block rate" any more (perhaps because someone in your party called them and insisted on the getting the "room block rate" and they had to explain to them that it had expired - so they were calling you to let you know that as well).


Title: I've received a letter from University saying I would be billed for healthcare.

Question: [deleted]

Answer:
 Many institutions have policies that require students to have health insurance in order to enroll. This can be by a policy that meets their guidelines, or by requiring you to sign up for a student plan.

Your permission is likely part of the documents you are agreeing to when you sign up for classes; I know it is part of the registration screens for students at my institution.


Title: UT - gave half a pill to family member

Question:
I have a prescription for Adderall that I take daily, 20 mg. My son has been diagnosed as ADHD but doesn't have insurance (long story) and has never had a prescription to any medication. The other day he was at wits end not being able to focus and do his homework. I gave him 5 mg (10mg pill broken in half) and it worked. Stupid move but I figured we'd get him a prescription soon enough. I told him to keep it to himself and we were just testing it out.
Well he went to school today and immediately told the counselor how the pill helped him. I have no idea what's going to happen next. I don't know if she is going to call CPS or what. What kind of trouble can I be in? I'm only finding laws about selling it but I'm not in the best mindset right now.
tl;dr - I'm stupid, what trouble am I in?

Answer: Hire a lawyer immediately. You drugged your son. This could turn out very very very very bad for you and your family.Answer #2: Did your son tell them exactly what you gave him?  Or did he just say 'a pill'?  Also, just curious, how old is your son?Answer #3: But what prove would there be that you gave this pill to your son? Could be co platelet made up story. Absolutely no evidence... No?Answer #4: I would get him to the Dr like yesterday to get his own script so if something comes out of this and he gets drug tested he already has a script. Answer #5: they have no proof unless they test him immediately. don't talk to anyone about it.


Title: Staff member walked in on me while undressed in a fitting room and wouldn’t leave, what’s my recourse?

Question:
I was trying on a bra and the lady (she might have been the business owner, small local business) who helped me checked back in and without warning opened the curtain to my fitting room, exposing me to her and possibly several other ladies in the vicinity had they entered the hall. I made a dismissive comment along the lines of “I’m still trying things” and covered myself but she wouldn’t leave.

She merely kept staring and made an unsolicited comment about how the bra fit “improperly” (which was due to a physical disability I had no intention of talking about with her.) I had not asked or implied that I needed help in any way. I had expressed no uncertainty about what size I needed. There was no way in which she was invited to come in there only to keep staring after I dismissed her offer of help.

I tried to finish strapping myself into a bra to keep myself covered but I was too in shock to be confrontational about her not getting the message that she wasn’t welcome. She only finally left after she decided to bring another bra for me to try, which I declined so I could hurry up and leave.

As a survivor of sexual assault, this was incredibly triggering and made me unable to speak up in a confrontational way during that moment BUT I did react in ways that signaled in a polite manner that I didn’t want or need her there. This has left me very shaken and angry. Do I have any recourse here?

Answer: Not a legal response, but wanted to say, in case you're not aware, that this is actually not uncommon in higher end lingerie stores.  The staff come in to see if it fits, then bring other recommendations for you.  It can be offputting if you've never experienced it before.


Title: Employer hasn’t paid commissions since August of 2017.

Question:
[deleted]
Topic:
Employment Law

Answer: Looking at 3% of 2.5m in sales, you're owed 75k. That's enough money to warrant asking labor attorney to draft up a letter to your employer about the lack of payment.


Title: Divorce - Is moving best for the kids?

Question:
I'll try to stick to the facts. My STBXW and I have three kids. They are 7, 5, and 3. Two years ago she changed career paths and became a full time nursing student. She is 30 and I am 31. She worked part time here and there to help but primarily my income paid the bills.

June 30th of 2018 I discovered she had multiple affairs with some college kids. She continued to have new affairs after discovery. She moved out August 1st. I've been taking the kids to school and putting them to bed about 98 percent of the time. Taking care of the house as well as taking work off when kids are sick. She currently has a boyfriend and was unwilling to end that relationship.

She needs to find a job in her new career and there will not be an option for that from anywhere less than an hour away.

We consulted with a divorce mediator but my fear is that we fundamentally disagree on what is best for the kids. She thinks I should move with the kids to wherever she gets a job. However, my logic tells me the kids should stay in the home, keep existing friends, and school with the goal of the most stability. That puts her in a bind because she needs a job and is certainly going to need to move.

I feel this situation escalating and I'm scared because I've been the primary caregiver and really don't think moving makes sense for any of us except for her. This has been the theme of our relationship.

I had hopes of divorcing on agreeable terms while knowing the kids are the major topic.

She somewhat threatened today that it might not be up to me to decide whether the kids move or stay. She abandoned us by leaving the house and continued relationships with others in public. She's super smart but has cluster B personality disorders.

Legally should I be doing something more? Should I file an at fault divorce for South Dakota instead of no fault mediation? It feels like I'm not prepared for what is to come. I have not spoken to a lawyer yet as we literally are getting by financially. Should I move for the kids to be around both parents? My gut says no, but how would a judge see it?

Thanks in advance.

Answer:
 It sounds like you should at least consult with an attorney. You should look into whether you qualify for legal aid, and also whether there are any legal clinics which might be able to help you.

Ultimately judges consider what’s in the best interest of the children. That’s a variety of factors and the outcome is specific to each situation.

If you truly believe that you will not be able to come to an agreement, then I think it would be wise to begin the process of speaking to attorneys, discussing the specific facts of your situation, and determining the best way to go forward. Answer #2: An hour is a pretty typical commute. The American average commute is about 27 minutes, so an hour is long, but not excessively so. I have never in my life had less than a 50 minute commute,  but over an hour is my normal.

As for your legal situation, I am guessing you are a man? Maybe reach out to something like The Good Dad Project and see if they can help out with a lawyer? Or at least advice. Its not unheard of for dads to get primary custody and it sounds like that's what you should be pursuing. IMO your plan to keep your current good, stable job, and keep your children's lives and home stable and consistent is the best plan for the kids over uprooting for their mom's maybe.


Title: [TX] Friend is claiming I owe her $600. Threatening small claims court.

Question:
Hello, I was wondering if you guys can help give me an outside perspective on this situation. We are in Texas.

My friend claims my husband and I owe her $600, while we feel that she actually owes US $300.

Beginning of June 2016 my friend needed a place to live and we let her rent out our garage. It was initially a short term thing (she estimated about 3 weeks) so we let her borrow our second car during this time to get back and forth to work. After a couple of week of this it became apparent that she was going to need to bunk with us longer than we thought, and she had no car still so we agreed to sell her the car she had been borrowing in June.

We agreed on $3000 for the car, $300 a month due on the 1st of each month. She paid her first payment on July 1st. On July 25th she had apparently changed her mind about staying longer and she told me she put her 2 week notice in at her job and that she would be out of our place in a couple of weeks. It was then that I sent her this message : http://imgur.com/aOEKmyg Where I asked if we needed to just call it off and me give her the $300 back. But she says not to worry that she will continue to pay us our money.

She pays her $300 on the first of August as planned and she moves out around the 10th or so of August. During this time, the registration on the car runs out and she pays for this *but it is still registered under our name. Also, we are still paying insurance on the vehicle this whole time (not sure if that matters, it was something neither of us had thought about until about this time).

September 1st comes around and she doesn't have my money, just as I thought. I give her another week and still nothing. So this is when I talk to her and give her until October 1st to have our car back to us, giving her 3 weeks to find another vehicle. and i send her this message: http://imgur.com/WkRSiIV where I lay out that I will still be taking the car off of our insurance(idk why i even bothered at this point), and she still owes us for the month of September.

On September 28th she messages basically asking us to drive 4 hours to pick up the car since she cant bring it back. So we drove and got it.

So now, we have our car back but my husband and I still feel that she owes us the $300 for the last month she had the car. But we were going to just drop it since we had our car back.

However, now she has threatened to take us to small claims court because she says that we owe her the $600 back that she paid us since we took the car back. I assume because of that first message I linked where I offered her that deal only a month and one payment into the whole ordeal. But she assured me that everything would be fine. The way I see it, we basically had to repo the car for non payment, and when that happens you don't get the money you paid back from the bank.

We never had any sort of contract (stupid, I know) so all she has to go off of is our Facebook messages. She wants her $600 back because she has awful credit and has no other way to get a vehicle now without some cash.

If I get taken to small claims for this, does it sound like I will end up having to pay her this $600?

Answer:
 >If I get taken to small claims for this, does it sound like I will end up having to pay her this $600?

No. You still had a verbal contract which can be enforced. It's her word against two people, so it wouldn't bode well for her in court. She needs to understand that if she bought a car through a dealership and couldn't make the payments after a while, not only would the car be repossessed, but she wouldn't be entitled to any of the money she already paid.

Let her sue you if she wants. She will fall on her own sword.


Title: [FL] Is it legal for me to renew my tenants lease only if they pay the late fees they owe me?

Question:
I live out of state but own a property in Florida managed by a property management company in the county.  I've had these tenants for going on 2 years now. The problem i'm having is the tenants aren't paying the full rent on time (Example: They were $100 short for this month and will likely pay me the rest 2 weeks from now). They seem to be ignoring the late payments for when this occurs.  When I've asked the management company about it they've stated "We can't force the tenants to pay their late fees, but if they don't, it will be taken out of their security deposit".   The time to renew their lease is coming up, and the management company asks if i'd like to renew the lease. Can i legally request that the late fees are paid before renewing the lease?

Thanks for the advice!

Answer:
 Sure. You can renew or not renew. You can demand more rent from them than you would from others because they have a history of being late payers.

You can demand that they pay the late fees as a condition of renewal, though be prepared that they may reluctantly pony up the late fees and then keep paying late again for next 12 months.

Also, let's say the rent is $500, and the late fee is $25. If the tenant  pays you $500 two weeks late, the property management company can and should say "We have received your $25 late fee and $475 in rent. You owe the remaining $25 in rent or we will evict you for non-payment of rent."

Don't let them "ignore the late payments." Apply the money you receive from them first as satisfying the late payments, and then tell them they are still behind on the rent.Answer #2: Why not just find new tenants? Do you really want to keep the tenants who are consistently paying late?Answer #3: You can decline to renew a lease for any reason, as long as the reason is unrelated to your tenants race, age, martial status, gender, sexual orientation, or national origin. Not paying outstanding late charges is not protected, and you can decline to renew a lease for this reason.

With the above being said, I would advise against declining to renew the lease because of outstanding late charges. If you don't renew the lease, your tenants move out, and you end up collecting an extra months worth of rent from unpaid late charges, you will almost certainly lose out on additional rent while you are attempting to locate a new tenant.


Title: Any other option than jail for being arrested with cocaine?

Question: I was caught with 7 grams of cocaine and my lawyer says I am looking at 40 days in jail with work release. I have court tomorrow and don't have time to meet with him before and I am wondering if there is any alternative to me facing jail time. I am in Minnesota. Thanks

Answer:
 Since we don't know where you are, or what you've been charged with, the best we can say is "maybe".

Answer #2: Your attorney is going to know what other options are available to you.  Local laws can restrict probation or alternative forms of punishment such that we can't possibly guess what else you could get.

However, with cocaine I'm betting there would not be many, if any, other options.

[Insert prison cliche phrase here]