Title: 3rd OUI expectations

Question: Massachusetts. I just recently had a friend charged with his 3rd OUI in about a year and a half. It also should be noted he was caught for this on a revoked license. Sad,I know, and he needs help for his drinking that is for sure. The previous OUIs are still open, because he was hoping to get in on the law suit for improperly calibrated breathalyzers, but since his occurred Nov. And Dec. 2015 there probably is no hope in that. My question is, what punishment can he expect for this 3rd open case OUI. Amount of time served? Loss of license length? Thank you all

Answer: In Boston, I think they make you a senator.


Title: Neighbor thought it would be a good idea to break the pipes in his place and call code enforcement

Question:
The landlord supposedly evicted this douche nozzle a couple months ago (although I cannot find proof of it anywhere in the dockets). The guy is a nuisance the the building, loud obnoxious music, his kids and grandkids live across the street and trash our building and hallways, use our dumpster and wedge our front door open constantly (right now its 2 degrees outside so our hallway is cold af). No matter how much other tenants shut the door they still do this.

At some point the guy thought it would be a smart idea to turn off his heat and let his pipes burst causing flooding in his apartment and then called the codes enforcement thinking they would condemn the entire building, instead Codes came and condemned his apartment only, just pissing him off more.

Fast forward to 3 hours ago and the fire department is called because the guy claims he smells smoke in his apartment.

The fire department comes so does the building manager. No smoke no fire. Cool.

He came back a little while ago from across the street where his family lives,  screaming that he would do whatever it takes to make sure the building is completely shut down.

What can I do to protect myself and should I be concerned?
Topic:
Other Civil Matters

Answer: Get renter's insurance, and start looking for a new place to live.


Title: Mom's employer hasn't contacted her in 3 weeks. Now what?

Question: Posting on behalf of my mom. Her employer hasn't contacted her for 3 weeks, not even to tell her she doesn't have work that week. As far as I know, that's how she gets her schedule. This means she hasn't been paid in 3 weeks. Her job is more or less of a hobby since my dad is a lawyer. The question is, what can she do about this, legally? Her boss refuses to respond to her calls/texts and its got her pretty depressed. If she's been fired, don't they have to tell her? Or won't they tell her she's been fired?

Answer: She could ask her attorney husband...He'd likely tell her to file for unemployment and look for another job.


Title: restraining order help

Question: [removed]

Answer: Figure out a way to have a 3rd party deliver the items. There you go.Answer #2: Who is this person?


Title: [NASHVILLE, TN] Was set up in TABC sting for "sale of alcohol to a minor". First offense, but may be facing jail time?? Somebody PLEASE HELP.

Question: [deleted]

Answer:
 OP Formatted properly

>Today, I was set up by TABC agents in a sting. They brought in a "minor" with a damn beard who looked no younger than 30 and a man about the age of 50. Both ordered drinks and neither were carded - a totally asinine, yet honest mistake on my part as I am usually very diligent with my carding. I've only been working as a bartender for a short amount of time, and in NJ (where I lived my whole life and recently located from), TABC cards do not exist. I worked as a waitress for 5 years and I never needed any sort of certification. Come to think of it, neither did any of my bartender friends. So - they "busted" me for not having one of those cards, as well.

>I understand that this is a serious offense and that a hefty fine must be paid, as well as possibly (well, most likely) the loss of my job. However, the deeper I read into it, I'm finding that it is considered a "Class A Misdemeanor" in the state of Tennessee, and that I could be facing possible JAIL TIME?? Is this true for a first offense?? Should I be pleading guilty or contesting? A friend of mine suggested I plea "no contest", but what exactly is a "no contest" plea, and how does that differ from pleading guilty? I do not have the funds to hire an attorney, and if I end up being assigned one without the greatest of knowledge in dealing with such cases, I'd like to know what my best options are. Please, please help!


Title: [GA] Currently pregnant and looking to protect both my husband and expected daughter from my family.

Question:
Hi everyone!

This is my first time posting here, so I apologize if I miss anything.

Long story short, I am currently 8 months pregnant and no longer speak with members of my family. My husband and I have previously written a letter to my father to get our reasoning in writing in case we need to proceed with a restraining order at any point; however, I have recently become concerned this is not enough. My mother and I have not been in contact for nearly 5 years, so those boundaries are pretty well established.

I am concerned with the idea of my parents ever gaining access to our daughter, whether something were to happen to me in labor or something were to happen to either my husband or myself after she's born. I'd ideally also like to protect my husband in that scenario as well. We have picked two different households where we would like our daughter to end up should something happen; however, I am deeply concerned with either of my parents gaining any sort of access whatsoever to my daughter in the future under *any* circumstance.

Basically, I would like to protect her as much as humanly possible from ever coming into contact with them, having them reach out to her or find ways to track her, etc. The problem lies in the fact that both of my parents, while divorced, are incredibly manipulative and narcissistic. They have both managed to get away with pretty insane and "shady" behavior based off their skill of manipulation and connections. I won't get into it, but there is a history of abuse within my family, and my dad has been able to charm his way out of way too much using his white-collar-charming-business-guy approach, and playing the "concerned father" card. The same goes for my mother, only her approach is that of the martyr.

**I do not want there to be any loopholes for them to ever impact my family, and I feel that getting something legally documented would not only protect my family, but also help us establish more reason behind a restraining order should they ever challenge it/ should we ever need one.**

What would my best approach be here? I'm assuming going through something like LegalZoom would offer too many opportunities for them to get an actual lawyer and poke holes through everything, right? If I sit down with a lawyer over this, what kind of price range/ approach am I looking at?

I'd love any sort of advice to protect my family as much as possible, now and in the future under any event.

Thanks!
Topic:
Wills Trusts and Estates

Answer:
 Go see a lawyer.  For a few hundred dollars they will help you and your husband draft up a will, durable power of attorney, and any other relevant documents.Answer #2: In addition to Ohio:

You should tell the hospital that you are giving birth at that you don't want anyone to know you are there or to be able to visit or call. You can give them the name of people who are allowed to visit. They should have forms you can fill out ahead of time.


Title: Boss deducts pay for lunches not taken - LA

Question:
I work as an electric, appliance, and HVAC tech in Louisiana. Some days I don't have time to take a lunch due to taking too long on a job. I'm not complaining about that. I wouldn't mind the little extra pay that would bring. The issue is that my boss is still deducting 30 minutes of pay from my paycheck for each day that I don't take a lunch. I get paid $12 per-hour, and my last two week paycheck had 1 1/2 hours deducted from my paycheck.

I've only been working for them for about 5 months now, and only recently realized that something seemed fishy about my hours worked according to my pay stub. I am required to report my hours worked on a piece of paper hand written, and submit it every two weeks. Because I noticed it, I took a picture of that paper for the last two week period, and have confirmed that they did not pay me for 1 1/2 hours worked last pay period.

Is what they are doing legal in the state of Louisiana, and if not what are my options?

**Edit**: I signed that I must take a 30 minute lunch every day. I may not have a leg to stand on in this regard. Still, the only reason that I don't take a lunch is that I ride with another technician to the job site 4 out of 5 days. Half of the time the other technician is my boss. The days when I miss my lunch are days when I am without a vehicle means to acquire lunch. I ask about lunch and am told that we will take one "later", which never happens.

I think I'm actually in a legal bind on this one now that I've realized the 30 minute daily requirement that I signed, but I have been denied a lunch before altogether.

Answer:
 You need to be paid for all hours worked. If your employer requires you to take lunch,  take the lunch or you'll end up fired.

You can file an unpaid wage claim with your department of labor,  but if you're only talking an hour and a half right now,  i don't know if $18 is worth putting yourself on the short list for the next house cleaning.

Follow your employer's policies.


Title: [AR] I have received a large check from my employer, but they have withheld a higher percentage of taxes than my regular salary. Is this normal?

Question:
The large check is part of a legal case.  The difference in federal and state tax withholdings amounts to several thousand dollars.  I will check with HR tomorrow, but is there any reason to think the taxes should be higher?

**Normal Weekly Withholdings**

FICA-SS - 6.2 %

FICA-Med - 1.4%

Federal - 10.7%

State - 4%

**The check's withholdings:**

FICA-SS - 6.2%

FICA-Med - 1.4%

Federal - 25%

State - 6.7%

Answer:
 They taxed it as supplemental wages at 25% which is exactly what they should have done per IRS direction. Page 18, publication 15.

https://www.irs.gov/pub/irs-pdf/p15.pdf


Title: My father owns a car repair shop and many customers refuse to pay

Question:
What steps should we take to ensure that the customers have to pay? Right now we have the customer signing a line saying that they agreed to pay the full amount that was agreed on but we do not know what we are legally able to do with just that.

We live in Toronto, Canada btw.

Thanks!

Answer: Toronto has a mechanic lien law. A lien is a legal interest in the property that belongs to another. You should talk to a local lawyer to come to a strong understanding of what you can and cannot do when it comes to liens, and how to file them.


Title: Is it illegal to hold a Xbox tournament at my house once or twice a month?

Question: I live in Texas and I was going to have a Madden tournament. I was going to have everyone put in $10.oo have around 20 people and let the winner win $50.oo and I was going to pocket the rest. But first I wanted to make sure this is legal.

Answer:
 The house isn't allowed to pocket any money. You can hold a tourney provided all the money is returned to the participants in form of winnings. This wouldn't be any different than your average suburban fantasy football tourneys.

Tl;DL: no


Title: Mother has kicked me out of her house but won’t return any of my stuff or paperwork. What should I do?

Question:
Hi. I’m 17 years old (18 in October). I was kicked out of my moms house on February 12th this year. It was an increasing issue with me and my mom and the addition of my step father moving in was the final push for her to kick me out.

I had stop going to school and would stay home instead where my stepdad and 5 month old brother where at. I never had any issues with him previous to this but one day he decided to knock food out of my hand on the ground because he was mad at me. I began a verbal altercation between us then went to my room for the rest of the day. The next day I went to school. 1st period I was sent to the AP office and suspended as I got home the door was Locked which I figured would happen so I went through my window. When I got in the room everything was gone. My bed, my tv, my dresser everything. My stepdad was taking everything to the garage. I knew I couldn’t do anything about it because the law and all so in my anger I thought I’d try to annoy him by playing loud music in my room (yikes). After about 30 mins or so my mom comes home from work early and immediately tells me to pack my stuff because I was leaving and took my phone. I followed her out my room and started telling her to give it back and that I wasn’t going anywhere. We went back and forth about where she would say nasty things and I would say it back. My stepdad would try to intimidate me but I didn’t really care. So this went on for about 30mins of her telling me to get out and me refusing. After a while my stepdad went into my room and packed my stuff up himself. My mom went into her office to work and in my anger I went into her room to look for my phone (bad choice). When she heard me open the door she told me to get out because my little brother was sleeping but being the asshole that I am I refused (asshole to my brother). After about 5 mins my stepdad came in and dragged me out now this is where things got tricky because I knew I couldn’t mark or break anything because if I did she could say I was destroying her house (she’s done it before) so I couldn’t resist much. After he dragged me out I broke free and went on the couch then again went back and forth with her telling me to get and me saying no. After they left again in anger (you seeing a pattern?) I hid my step dads keys because I’m an asshole. When he found out he got mad and dragged me again ripping my clothes in the process. Now when all this happened I never kicked him or anything nor did I even lay a finger on my mother keep that in mind. We got to the front door where I broke free and went into the garage where they locked me in after about another 30 mins or so the cops came and I spoke with them they put me in handcuffs and questioned me I told them what happened and then they told me what the deal was. Apparently my mom had told them I put my hands on her which I know 100% right to god I didn’t at any point I tried to tell them she was lying which she’s done before they said it doesn’t matter and I could either go with them and get locked up or leave with her to the bus so I can go to my grandmas. So I went with her and she bought me a bus ticket and that was the last time I’ve seen her.it was 2 months since I got kicked out and I wanted my stuff back from my mother (the things that were not purchased from her) which she forwarded one letter that my friend from jail sent me and that was it. I thought she might be sending the rest later so I left it alone. Now we’re here in May and I still have nothing I barely have any clothes and I don’t have any paper work (birth certificate, shot records, basic stuff) there’s also some stuff there my grandma gave me that belongs to my dead uncle (her brother) that mean a lot to me as well.

I texted her today and asked for it back with her basically saying no, have a nice life. I told her She can’t pick and choose when she wants to be my mom and doesn’t and told her I want it back which she ignored me. Now I understand my mom wants nothing to do with me at all she’s told me plenty of times she doesn’t want me and that’s whatever But her keeping my stuff as well which she didn’t pay for isn’t even close to right and then having her respond with I’m you mom and I say no isn’t gonna fly at all. I’m not sure what I’m entitled to and what I need to do at this point I’ll happily leave her alone for the rest of her life if she gives me my stuff back but it doesn’t look like she will.

What should I do? Am I entitled to the stuff she didn’t buy? How would I get my stuff if I’m in a whole different city?

I’m sorry for the speech but I didn’t want anything to be left out. Thanks for reading and hopefully I can get some answer :)

TL;DR: my mom has my stuff even though she kicked me out of her house and I want to know if I can get them back and how.

Side note: I’m in Texas
Topic:
Juvenile and Youth Law

Answer: Call Child Protective Services.  Your parents are required to provide you with a place to live and the basic necessities of life until you are 18.


Title: [CA] Employer won't let me use sick days

Question:
Hello everyone! Long time lurker and first time poster.

I became sick pretty recently, went to the doctor and they gave me a doctor's note for missing work for two days. Last month when I checked I had about 30 hours or so of sick pay since I started working for my company in April of 2016 that I've never used. When I asked my manager he said that I had no sick hours because they get reset at the beginning of the year and I have to work for at least 240 hours before I'm allowed to start receiving them again.

I've looked online and from what I can tell they were supposed to carry over. Would anyone be able to explain if I should have them or not?

Answer:
 [California Labor Code - ARTICLE 1.5. Paid Sick Days](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=246.&lawCode=LAB)

You should have gotten a letter when you were hired that outlined how sick days are accrued and used within your company. If you did not or no longer have it, ask HR for a copy.

Nutshell:

Generic Requirements: One hour per every 30 hours worked. Variations are acceptable as long as the employee has no less than 24 hours of sick leave or paid time off by the 120 day of employment OR each calendar year OR each 12 month period.

BUT: "no accrual or carryover is required if the full amount of leave is received at the beginning of each year of employment, calendar year, or 12-month period. The term “full amount of leave” means three days or 24 hours."

So your manager is wrong.  Once you complete 120 days with an employer, you should always have a minimum of  24 hours sick time available. Time to go above to district management or HR.Answer #2: Not legal.  Talk to the [DLSE](https://www.dir.ca.gov/dlse/Paid_Sick_Leave.htm).  Accrual and carryover are based on your hire date, not the calendar year.  They can not set your sick leave back to zero when your date rolls over anyway, otherwise, no one could ever get sick in January, which makes absolutely no sense.


Title: Recalled Toyota part caused ruined driveway. What are my options? (NY)

Question:
A part in my Toyota minivan failed and caused my engine to dump all of its oil, resulting in a nearly ruined engine - we dodged a total meltdown by the sking of our teeth - and totally ruined driveway. After paying for a repair on the car, and doing some Googling, I discovered that Toyota had extended the warranty on this particular part due to its propensity to break down, and, after submitting my claim, it appears that they will pay the bill. However, despite the fact that the part's failure also caused the gigantic, uncleanable oil stain in my driveway, they have rejected my claim to make that repair in the neighborhood of $2k. Do I have any recourse at all?
Topic:
Other Civil Matters

Answer: This is not legal advice, but what makes you think it is "uncleanable"? There are numerous products you can purchase that are designed to clean oil, and you can also rent a pressure washer from Home Depot (or your local equivalent home improvement store) for pretty cheap.


Title: Medical Bills Piling Up After Fall @ Walmart (FL)

Question:
My 90 year old grandma was walking in the parking lot of Walmart to go inside and shop.  At the time Walmart was repaving part of the parking lot (or doing some remodeling in / around the parking lot or something like that. I will ask her if you guys need more specific details)

The construction crew that was doing the work left a bunch of equipment and random stuff out in the parking lot with no caution tape, cones, warning signs or barricades. My grandma was doing really good health wise, yes she was kinda slow of course for being so old, possibly had some lesser than perfect vision, but other that she was in very good health for her age! She could still drive, get around with out help, etc. She's never been the cripple old lady that needs help from everyone.

To sum it up she tripped over something the construction crew left out and fell in the parking lot. I don't believe she had any immediate major injuries besides scraping her leg and arms. Little stuff, nothing really life threatening. She may have hit her head, I will verify with her. I know it definitely knocked her around though.

Over the coming weeks and months after her fall, she developed many health related problems that did not exist before falling. I will find out the extent of her injuries, but I know she has been to the hospital & sent to multiple specialists and none of these places know what's going on and can't really figure out how to treat her correctly.

They just send her onto another doctor or specialist and keep the cycle going. She has been to so many doctors and "specialists" they keep referring her to, at this point I'm assuming they are just sending her to their other doctor friends and milking the insurance money or whatever. Shes been to so many places (more than 5 I think) all with multiple appointments - she just kind of gave up on figuring it out.

My uncle found a local law firm to see if Walmart would help pay for the what is now a massive pile of medical bills. Walmart didn't give a squirt of piss about her and shifted blame onto the construction company. Walmart said it was the contractor's fault.

Lawyer contacted the construction people and had a couple of conversations. After that it just kind of fell to the wayside / timed-out and no one ever figured anything out or came to any sort of conclusion. Lawyer just kind of gave up after so long.

All of this took place (im guesstimating) over the span of a year and a half to two years of back and fourth doctor visits, lawyer meetings, calls, BS, etc, etc. Since then more time has past as well. I would say the initial fall possibly took place sometime in 2015.

My grandmas health and well being stabilized / leveled out after id say 1.5 years and she is *okay* at best. But she hasn't been able to fully recover and get back to her normal self.

She has to use a walker or hold on to stuff to get more than 5 or 10 ft. She loses her balance sometimes, gets super dizzy & still deals with some leg pain every so often. She was messed up a lot more in the beginning, I can get more details from her if it makes a difference.

From what I remember she couldn't sleep much for a while, puking and there was some issue with her ear canal and hearing that was tying it all together. My uncle spent a lot of time down here with her when all this was first going on. Also she can't hear worth a damn now - but at the same time she isn't deaf. On a scale of 1 to 10, I'd say her hearing is maybe a 3.5 now at best.

Our conversations mostly consist of "what?" and "I didn't hear you honey." The tv is constantly set at a 40+ volume level so she can hear it sitting less than 10 ft away. I'm not a doctor or medical professional, but I'd say all of her issues are 99% due to her fall. All have developed *after*  she fell.

She never smoked, drank, and was always super healthy before this. Her health was not declining by any means, up until after her fall. Basically her quality of life went down a lot and has certainly been impacted.

I know her insurance paid some of the medical bills, but she still paid out of pocket for a ton of them. Like, more than anyone would be comfortable ever paying! The kind of number that puts a good size dent in people's life savings.

I guess my main question is: Can anything be done at this point, or is Walmart just going to sweep her under the rug and call it a day?

Any thoughts or advice is appreciated.

If nothing can be done, as a last resort I'm considering filming her story and making a sort of mini documentary to call out Walmart / the construction company on their actions. I would wait till this is all long over and we're absolutely out of options. If that's the case, what would the implications of that be?
Topic:
Personal Injury

Answer:
 Can you prove that any of those issues were a direct result of the incident or is it just old age catching up?Answer #2: 1. How do you think that Walmart was negligent?

2. If the construction crew left equipment and items in the parking lot, that is where you would start. However, if no tape or signs were posted, I bet it is because the "danger" was open and obvious. That is, any reasonable person would have seen the obstructions and avoided them. If your grandmother's vision isn't 20/20 or she wasn't watching where she was going, then she is a fault, at least partially.

3. Even *if* you get past the negligence problems, your grandmother has to prove that, but for the negligence of (construction company or walmart),your grandmother would not have any of her injuries. Therefore, you will have to provide expert medical testimony, which is not cheap. I believe that Florida is a pure contributory negligence state, therefore, if your grandmother was at fault at all, any damages from the defendant will be reduced by her percentage of fault/negligence.

4. If lawyers have been involved, then your grandmother has already been told all of this.

5. Walmart is sued often. It very rarely settles out of court, and will make you try the case.


Title: I have a warehouse that has not been used for quite some time. There are people that live right behind it in these one story apartment buildings that are throwing broken appliances, general garbage, empty food containers and rotten fruit/vegetables from their crappy garden.. all into my parking lot.

Question:
Now I was just cleaning g it all up and I look on the roof of one of the buildings and there is way more stuff that I had not previously noticed. I have a guy cleaning it for me usually and I have been taking pictures of this for like a year now.

I have confronted the two people that I know are the ones doing it and they flat out lie to my face about it. One of them is an alcoholic and I pulled up one day to take a look around and I see him on his side of the fence throwing a tool bin on the ground and he looks at one and it's broken so he just tosses it over the fence.
So approach him and ask him nicely to not throw his garage into my parking lot anymore.. and he flat out tells me he would never do anything like that. I tell him oh this isn't your broken tool that I just saw you throw over the fence? You just took it out of that tool bin and threw it over here. . The other guy is in and out of prison for attacking people and has this dead look in his eyes when I talk to him. I had like six rotten tomatoes and onions in my hand and he was denying having anything to do with it. Finally he conceded and says it must have been his friends.

tl;dr bad neighbors are littering on my property and I have been taking photo evidence for like a year and they deny committing the crime. What is my legal recourse?

The building is in Ohio in a commercial district butted up against a residential area.
Thank you for any advice.

u/UchihaDivergent

https://www.reddit.com/u/UchihaDivergent?utm_source=reddit-android

Answer: I think you'll need to put up security camera's and possibly a no littering/dumping sign.  When they violate it, call the non-emergency police number.


Title: I bought and sold fake concert tickets unknowingly. Help!

Question: This is my first ever post on Reddit and i'm in desperate need of some help. Im a college student and last week I bought 4 tickets to a upcoming concert at Madison Square Garden. My friends backed out so i put them back up on Craigslist and got my exact money back (no profit earned). I informed the buyer that these were not my original tickets and i provided them with the contact information for the man i originally bought them from (Con Artist). Turns out that the original tickets i bought were fakes and now the people that i sold them to are looking for their money back from me (the honest seller) or they are threatening that they will press charges. I really don't have the money to lose. Can anyone tell me where i stand legally? I'm also open for moral advice as well.

Answer: You owe the money. They can sue you for it and probably win, and there are criminal penalties as well. Your recourse is against the person who sold them to you. Answer #2: You owe them their money.  The seller owes you your money.


Title: I rent a room from someone who rented a house. She died. Do I have any obligation to the actual owner? I just want to move out at the end of the month.

Question: I paid her daughter,  who is paying for the last month. I just want to move out and I don't want the owner to cause problems. I live in California.

Answer:
 Your lease, if any, continues after her death.  You also must continue to pay rent as long as you live there.

If you have no lease, and you are month-to-month, you can provide your notice to leave like any other tenant.


Title: [MA] Received 7-day Notice to Quit to vacate apartment

Question: [deleted]

Answer:
 Offer to voluntarily end the lease. All parties agree in writing the lease is over. Then everyone can go their separate ways.

If he won't agree to that he'll have to move forward with an eviction and prove in court you are in violation of the lease, it doesn't sound like he has a good case for that.

If you are evicted you are still on the hook for damages associated with breaking the lease, such as rent until the unit is filled.


Title: Can my landlord legally prevent me from doing hospice for a family member in my rental? [FL]

Question: My mother is terminally ill and at some point I will have to consider hospice. Right now my mom lives in a nursing home but I am considering having her in my house in her final weeks when it comes to that. My lease says any guest over 2 weeks is considered an occupant and is subject to eviction by the landlord. I'm afraid to bring this up with my landlord as she is very particular about the state of the property and prefers to rent to one individual despite it being a two bedroom home. If I ask her and she says no, can I still do it? Is it elder discrimination if she denies my mom as a second occupant?

Answer: You have no right to have her in the house long term. I'm sorry, but the lease will hold here. If you do this without written permission, you can be evicted.


Title: [South Carolina] Sewer company is threatening to charge us 6 years worth of charges - how legal is this really?

Question:
Location: South Carolina

Okay, to understand what's happening, you need to know a little bit about my living situation. So here it goes;

I'm 20 years old and live with my parents - two women who I'll be referring to them as Ma (Step Parent) and Mum (Bio) respectively. We've lived in this house for years, it'll be six years next Spring. Anyways, when we began renting this house, we set up all the necessary payments with various companies - Electric, Water & Sewer, Trash, ect. - we ever asked all of these companies if their was ANY extra steps or processes we had to go through to get their services and they all said no, more specifically Water & Sewer said something along the lines of "No, ma'am your water and sewer is all ready to go". We confirmed with our Landlord and he even said that everything was good to go.

Anyways, almost 6 years down the line, my Ma gets a call (in the middle of her workday), and is told that if we don't start an account with them TODAY that they will shut down our sewer services. Before today this company has NEVER contacted us - not through calls, emails, or mail. So because they close at four - which is ridiculous, by the way - Ma has to leave work two days earlier, which she get in trouble for, and has to rush to get all these documents that the sewer company claims they need to start an account.

As she's getting everything together, she calls the Sewer company several different times (six to be exact) to confirm what she needs and they tell her this; 100$ Account start-up fee, a signed copy of the lease, proof of residency, and an ID. However on her last call into the company, as the girl goes to tell Ma that she's got everything, my Ma hears in the background "GIRL, that's not all she needs. She needs to pay the last two years worth of service!" from the girl's boss.

When my Ma went into the Sewer company to start the account and pay the fee, they told her that they can legally charge us the past two years of service even though they never once told us that we needed to pay them or start an account with them. We can't afford to pay that, however when we told the Sewer company that, they told us that they'll just split up the full six years charge on our sewer bill until it's eventually paid off.

We have never had to contact this sewer company before, in fact any time we've ever had problems with our sewer, we've always called the water company and they've been the ones to fix it. The sewer company has had our house listed as "VACANT" in their systems for almost seven years and just never bothered to actually shut off the sewer system to the vacant house - which the girl on the phone admitted was the company's fault since their employees never shut it off.

And that's not all, we my Mum called the water company to ask them if this a legitimate company trying to charge them, the lady speaking with her told her that we weren't the only ones this was happening to. Apparently a lot of people are having this done to them by this Sewer company.

My question is; Can they legally force us to pay for those six years when THEY were the ones who screwed up? Especially when it's on such a large scale AND the company admitted it was their own fault?
Topic:
Landlord Tenant Housing

Answer:
 AFAIK, a sewer company can't shut off your service. Not a legal issue, but a technical one - there's no valve between the house and the sewer line runnung down the street. Because of this, you won't wake up one morning to find that the water suddenly won't go away when you pull the drain plug or flush the toilet (not counting damaged lines, of course). Closest I've heard of is when same company supplies water and sewer, and they shut off the WATER.

Not a lawyer, but since your water company says this isn't the first time they've run across it, ask them for more detail and how they'd recommend you handle it.

The "boss" shouting on the phone makes it sound like a scam to me.


Title: [TX] I gave up make-up for lent. My boss told me I can't come into work tomorrow unless I wear make-up.

Question:
I work for a small physician's private practice in Austin, TX (10 employees).
For Lent, I gave up wearing make-up. Today, the owner and my boss (a physician) took me aside and told me I cannot come into work tomorrow unless I wear make-up because I need to look better for my job.
I told him I gave up wearing it for lent and he said I need to give up something else.
I'm not sure why it took him so long to say something about it bothering him since I haven't been wearing make-up to work for almost a month now.

Can I be fired if I go into work without make-up? Is that legal?

Answer:
 The usual refrain is "you can be fired for any non-discriminatory reason, or for no reason at all".

The Texas Workforce Commission [says that an employer may not](http://www.twc.state.tx.us/jobseekers/religious-discrimination)

> Refuse to accommodate an employee’s religious dress or grooming practices, except when the accommodation would cause undue hardship or safety concerns

But at 10 employees, your practice is under the 15 employee minimum for this to apply.

And you'd have to get fired in order to make a complaint.


Title: I bought a cat (and its microchip) and the previous owner refuses to give me the microchip rights

Question:
Hi Legal Advice,

I live in Dallas. I bought a cat from a woman. I have the cat, all veterinary paperwork, the rabies tag, the microchip tag, the proof of spay, and I have submitted forms to license the cat in my name in my county.

I have the physical microchip document and the tag it comes with, but a microchip is useless if I cannot access the online registry. The former owner refuses the transfer the registry information to me. If the cat gets lost, she wants the cat returned to her.

I contacted the microchip company and presented my proof of ownership. They want no part in this and the information won't be transferred unless she opts to transfer.

The microchip cannot be removed from the animal.

Legally, how should I proceed?

Answer:
 [This](https://avetsguidetolife.blogspot.com/2014/02/removing-microchips.html) won't be much help legally speaking, but it does confirm that it is not easy to remove a microchip. Unfortunately, [prior threads](https://www.reddit.com/r/legaladvice/comments/7vbuyd/shelter_refuses_to_shareupdate_microchip/) also haven't given much of a clue on how to proceed. The best I have to go on is that the cat is property and she hasn't fully transferred ownership to you which would include the registration.

> If the cat gets lost, she wants the cat returned to her.

If you purchased the cat (bought vs. "adopted"), that isn't her option. It is your legal property and you should hold the registration for it. The microchip company isn't under any obligation to help you, but she is based on the idea that she sold you the microchip and included specific paperwork to it.

> I have the cat, all veterinary paperwork, the rabies tag, the **microchip tag**

Unless someone comes along with a better answer, ask for a referral through the [Dallas Bar Association](http://www.dallasbar.org/). Consultations are usually free, but it would be worth the fee to ask someone qualified about what to do next. It might be as simple as going to a vet, having them remove the existing chip, replacing it, and suing her for the cost in small claims after she refuses to transfer registration. A licensed local lawyer can tell you more. I wouldn't accept two microchips as a solution because you paid for the microchip and can't utilize it. It also risks your property being returned to someone who may not return it to the legal owner.


Title: [NV] My employer calls us independent contractors but treats us like employees

Question:
So I work for a company that employs a lot of people and calls us independent contractors. But I have worked as an independent contractor a lot of times before and this place is really weird with how they treat us. For example:

-We don't work on our own time. They control our hours, make a definite schedule, we have to ask for time off, and they tell us how to do our job. There is a payroll instead of us getting paid for our cut at the end of the day. I have never heard of this in my time working as an independent contractor.

-They have non compete clauses in their contracts for companies with similar services (you are hired for an indefinite amount of time at this particular company and there is a set schedule every week). So if you break the non compete you are terminated. I have seen this for employees but not IC's.

-We can't use our own equipment or supplies, the assistants we would use at other companies.

I can probably think of other examples but I'm in a rush right now and I am trying to be a bit vague. I will try to write back while I'm on my break at my other job. Thanks in advance!

Answer:
 File a report. They are breaking the law and will get punished with fines. Be prepared to look for a new job as they might fire everyone to "restructure"
Answer #2: Nevada has a specific test for ICs. It was actually decided not long ago. (Thank you strippers.).

Does your employer control your location? Schedule? Method of work (how you do your job)? Can you hire subcontractors or partners? Does your work add value to your own business (building a portfolio or similar)?

Non competes are ok, but only on a limited basis, and are industry specific.

There are some good labor attorneys in Nevada. I'd recommend talking to one if you think you are misclassified.


Title: DUI years ago, never paid fine (CA)

Question: I live in California and i got a DUI about 5 years ago. Stupid and young me decided not to do anything about it and just take the bus or uber everywhere. Then 2 years ago I drove my friend home from a party because he was drunk but we got pulled over for running a stop sign. I got a citation and went to court and was told to complete the stuff I had to do for my DUI (3 month alcohol program, 96 hours community service, and a fine of $500). So i complete the class, did the community service but never paid the fine. So recently I checked up on my case because i want to clear it once and for all and found out i have a warrant because i think i was suppose to go back to court. What would be my best option at handling this? Should i hire an attorney or just walk into court with the cash on me? I dont mind paying more fines or getting more community service, I just want to avoid jail time.

Answer: You need an attorney. You played with fire twice now and haven't been burned yet. You might not be so lucky on your third try.


Title: Wife's mother is trying to get grandparents rights

Question: So my wife's mother claims she's going to go to court for grandparents rights. Her mother lives in Kentucky and we live in Alabama. My wife's parents use drugs and often chose drugs over paying the electricity bill and would have it cut off while my wife was in her teens (I know this for a fact because I was there a lot back then) so her mother and father ran away from Alabama to Kentucky to leave behind debt with companies and people that they owe. I know for sure she gave away a washer and dryer that the power company actually owned until they made all of their payments which they didn't. I don't have any arrest or debt. Could I bring this up and do they even have a case? They never met my daughter by the way.

Answer: You can find the guidelines for grandparents' rights in Alabama [here](http://codes.lp.findlaw.com/alcode/30/3/1/30-3-4.1). Generally, the state won't permit a claim unless there is a pre-existing relationship between the child and the grandparents, but Alabama was kind of a pioneer in grandparental rights. Still, there generally must be a catalyst for the request, such as a divorce or the death of one or both parents.


Title: Am I able to contest a speeding ticket if there was no posted limit?

Question:
I drive on this route a lot as I work 5 nights a week.

I drive down a highway in Texas with a limit of 70 then exit onto a frontage road with a limit of 50. I then must take a left (onto the road i got pulled over on) and ~200 feet afterwards take a right onto a road that has a limit of 30. I am sure there is no posted limit sign from the left turn to the right turn so I assumed the speed limit would be comparable to a residential area: 30 mph. Of course, I was going a few above that, ~33, only to be pulled over to find out that road is a 20 mph zone.

I am not well versed in traffic laws but I don't understand why there is such a jump from 50 to 20 then back to 30. I got a $250 ticket. Am I able to contest if there is no posted limit?

TL;DR I got a speeding ticket for going ~33 in a 20 with no posted limit, help please

Answer:
 [Sec. 545.352.  PRIMA FACIE SPEED LIMITS](http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.545.htm) states:

> (b)  Unless a special hazard exists that requires a slower speed for compliance with Section 545.351(b), the following speeds are lawful:
> (1)  30 miles per hour in an urban district on a street other than an alley and 15 miles per hour in an alley;

Meaning absent a posted speed limit, the speed limit is 30 (so good assumption on your part).

I'd argue not guilty, demonstrate through video/pictures there are no posted speed limits, and give the statute.  Hopefully a judge rules in your favor.


Title: A question about renting with a baby

Question:
My husband and I are renting our current house. We moved in like, 3 days before conceiving. This was a surprise baby! We're about 19 weeks along. I met up with my landlords (unexpectedly. Usually I leave it in their lock box without seeing them) today to drop off the rent check. I'm visibly showing now, and I'm starting to worry about laws regarding a rental with a baby. There's absolutely zero grounds for eviction. We've always paid on time and the house is in perfect condition. It's a month-to-month rental agreement.

For reference, we're in Navajo County, Arizona.

Is it possible to get evicted based on an expected child? Do we have to disclose the impending additional resident in the home?

Answer:
 Per the fair housing act they can’t evict or end your tenancy specifically because of a child.

They can end your month to month rental agreement for no reason at all, and it might be difficult to prove it’s because of the baby if they aren’t stupid about it.


Title: [UPDATE][CT] - Wedding room block cancellation

Question:
[previous post](https://www.reddit.com/r/legaladvice/comments/4xfqyv/hilton_is_cancelling_our_room_block_of_65_rooms_a/)

Just an update for everyone. We currently have our rooms confirmed at the Marriott. After several hours on the phone with my guests I was able to get that situation squared away. It's good to know that my guests will definitely have a place to stay come Friday.

As for the Hilton...what a joke. After dropping this information on me at 4pm on Friday, and one short phone call with their GM, I have gotten zero response from their management. I'd love to wait until after the wedding to handle their errors, but I'm worried they will not deal with us at all once we check into the Marriott. I would like to get them to follow their standard walk policy of paying for the first night for each room due to this change. In addition they should provide the shuttle to and from our venue they have promised. I want this in writing from them before the event, or I have a feeling they may blow us off. After contacting their Guest Assistance department per /u/shapterjm I was told the standard walk policy does not apply due to the contract with the venue that overrides it. There is no language in the contract that speaks at all to cancellations on Hilton's end, or more specifically to the walk policy. The guest assistance rep informed me, after I asked for more clarification several ways, that guest assistance is not allowed to speak to individual contracts and that those matters are handled at the hotel location level not the corporate level. This sounds very odd to me that corporate is not allowed to get involved with how a specific location is handling their contracts.

The closest thing the offical contract has to a cancellation policy is

"FORCE MAJEURE: No damages shall be due for a failure of performance occurring due to Acts of God, war, government regulation, disaster, or strikes, any one of which make performance impossible."

I hardly consider overbooking an Act of God. If necessary I can add the entirety of the contract with sensitive information removed if anyone thinks that's necessary for more discussion/suggestions. We are strongly considering contacting the attorney general to highlight some of the Hilton's awful business practices in dealing with this situation. Would there need to be specific language in our contract with Hilton that would override their standard walk policy? If they decide they are done with our transaction after moving us to the Marriott, would we have any potential legal recourse?

TLDR

Hilton has moved us to the Marriott, but is not following their standard walk policy. Is their any legal recourse in a situation like this we could bring up (and would follow through with if they do not acquiesce) to resolve this situation as fast as possible?

Answer:
 Honestly, the news will not care.  But you should not contact the media without speaking with an attorney first anyway.Answer #2: Please ask a specific legal question.  Further, the news will not care, so that is wasted time and effort.

> This sounds very odd to me that corporate is not allowed to get involved with how a specific location is handling their contracts.

It isn't.  Think franchise agreement.

Sounds like a shitty situation, if true.  Sadly, your remedy is going through the hotel.  If you suffer losses because of it, then consult with an attorney regarding any possible remedies you may have.Answer #3: Why can't you just take them to court for plain and simple breach of contract?


Title: Can I use the Freedom of Information Act to request email addresses for the members of Tennessee's Board of Accountancy?

Question:
I am trying to compile an email list of every board member in each state and having some real difficulties. I requested the info this morning and got this reply:

thank you for your request. However, I cannot provide you with this information. Each jurisdiction (state board of accountancy) has their own rules regarding what type of information they can release on their board members. If it is not provided on their website, then (most likely) they have ruled this information is not available to the public; but you would have to contact each state board of accountancy about providing you with this information. What we have in our records is considered private and confidential.

What I don't understand is why a regulatory state agency's board members, who were appointed by the Governor, would be so inaccessible.

EDIT: grammar
Topic:
Business Law

Answer:
 FOIA is federal, not state/local, and the act explicitly applies only to executive branch government agencies.

> What I don't understand is why a regulatory state agency's board members, who were appointed by the Governor, would be so inaccessible.

Their website lists myriad ways to get in touch with them, including email:

http://www.tn.gov/regboards/tnsba/


Title: Segregated Gym

Question:
I'll try to keep this short and to the point.  I travel for work each week and I'm a member of about 10 gyms throughout the country through my health insurance.

&#x200B;

The other week I was at a Gold's gym that has a separate women's section.  I would just stay out, but it's the only area that has a standing calf raise.  I was on the machine for 3 sets and after the first set a women called the front desk on me.  The gym, especially women's section, wasn't crowded since it was around 9pm.  The front desk girl said how men can't be in that area since it makes some women uncomfortable.  I've never been asked to leave somewhere based on my gender.  I said in the 1950's people made other kinds of people use separate water fountains because it made them uncomfortable.  Since there isn't the same equipment in each section of the gym, I suggested a good motto for Gold's gym could be "separate but equal".  It just felt weird to be denied access to an area based on something I can't control.

&#x200B;

I tried to look up legality of this and it appears private companies can essentially have whatever rules they want.  Just feels wrong to denied access based on my gender.  Women have access to 100% of the gym while men only have access to 90%.  Is there a legal precedent that says a private company can do this?  Is there any legal recourse to end this kind of separation?   I don't want to waste my or anyone's else's time with this, bit it just seems wrong.  P.S. Am I a little crazy for thinking this seems wrong?

&#x200B;

TLDL; Gold's gym has a separate women's only section.  It does not have the same equipment as the general gym.  It seems wrong to separate a gym this way.  Is there any legal recourse?

Answer:
 Yes a private club, such as a gym, can separate itself out this way.

If you don't like this practice you can find another gym to use.Answer #2: >  Is there any legal recourse?

You have several options.

1.) Go somewhere else.

2.) Buy Gold's Gym and change the policy.

3.) Suck it up, Buttercup.


Title: How safe am I to cash a suspicious check?

Question:
Okay so a bit of backstory,  I put my old chameleon habitat up for sale on my state's classifieds asking $300.

Soon after I got a text saying someone was interested and would send the money and some extra to pay for shipping it to them via cashiers check  through USPS.

I agreed, a few days later I get a text from a different number, who was supposedly the same person, saying that they mailed the check that day.

Here's where it gets weird, almost every day he asked me if it was there, stressing that he was in a hurry. Today it finally got here, I opened the envelope to see a check paid to my order for $1850 dollars.

Of course I asked him about it and he didn't really explain, but just said to send him a USPS money order for the leftover amount. I told him that I had to leave for work in fifteen minutes, and wouldn't have time to cash the check, let alone ship him both the chameleon habitat and the extra money he sent. At first he said that was fine.

Five minutes later, he texted me again and asked if I sent it yet, and i told him again, that I had just gotten it and had to leave soon. I've now had to explain to him no less than 6 six times in the last four hours that I was at work, and that no i couldn't get it taken care of yet.

Past his strange behavior, there's still this lingering idea that he sent way too much money for an unknown reason.

I've done a bit of research on my break, and there's three possibilities,  he's trying to scam me and screw me out of 300 dollars and my chameleon habitat. He's using me to launder money, or he's just an idiot who just sent nearly 2000 dollars to me by mistake and is stressed about getting it back.

My question for you is this, how much risk would I be  at to cash the check? If not for financial reasons, then am I legally liable if I'm caught unknowingly in the middle of money laundering ?

What is my best course of action here?

Answer:
 it's a scam. Rip it up and block contact.Answer #2: SCAM.  Cash transactions only in person.Answer #3: Your best course of action is to shred the check and find another buyer.

The chances that this is a scam are almost 100%. The check is most certainly not good. His pushiness is a real giveaway that it is a scam.

If you deposit the check, your bank may accept it initially, but when they find it is bogus, they will withdraw the amount from your account. It you have already sent the "excess" money to the buyer, the bank will not cover it. You have to repay it.Answer #4: SCAM SCAM SCAMAnswer #5: It's not money laundering, it's just a bad cheque.

However, it's not _so_ bad that your bank will notice instantly. They'll cash it, and release some (or all) of the funds to you, because you are liable to them for instruments you present. You hold all the risk.

Then, in a few weeks, when the check's been rejected by the bank it's drawn on, your bank will deduct the whole check back out of your account - and charge you a bounced check fee for the pleasure, to boot. If you've withdrawn any of it, you'll be left with an overdraft - money you owe your bank. It's your job to collect it from the check's author.

You can guess how that'll go.Answer #6: It’s a scam. The way it works is you pay the check in. You think it’s cleared and you send off the item and the excess money. In 2-3 weeks the bank tells you the cashiers check is fake and you know owe the bank money.


Title: New home construction is encroaching on our property

Question:
I live in Chicago and own a two-flat.  There is a construction company building a new home next to ours and it's almost complete.  On Friday, I came home and they install the iron front staircase, attaching it to our iron fence.  When they finally install the upper railing, I believe it will be connecting / touching our house.

I think the construction company is waiting until the last minute for the closing of the house, so that the problem is forced onto the new owners.  I've contacted the alderman, who said they would have the Chicago buildings department give us a call.  No one has.  I'm concerned with an encroachment, it might be a problem down the road either if we try to sell or even something as simple as re-siding out house.  I really don't know what to do next.
Topic:
Real Estate law

Answer: Call the building department yourself. They should send someone out to inspect.


Title: Wrongly accused of using drugs in pool area in apartment comple

Question:
I came home to a court notice summons and an eviction notice from the apartment complex. The letter claimed explicitly that I was using marijuana and my friends cocaine in the pool area on Sunday.

They claimed they had video proof of me as well.

I was at the pool area at around 6PM and 8PM with two (male) friends and we had two beers and left around 8pm. We were in a small cabanna type roof, did not use the pool or jacuzzi.

I went in to talk to the office management, they showed me the footage they had and it was at 11PM and a bunch of people (5+ with girls) around a jacuzzi area doing drugs. I could not identify anyone and it was clearly not me or any of my friends.

I told them I did use the pool area at around 6pm and 8pm. They found the footage and confirmed the other footage was not of me.

They then called their attorneys and dismissed the charges and the court summons -- and tomorrow I will get confirmation that they were dismissed. Tangible confirmation. They kept apologizing over and over that they had misidentified me.

I was wrongly accused, I've never done anything like that and have a clean record.

BIG CONCERN: They had NO CLUE I had been at the pool between 6 and 8. I had to told them. If I had not been at the pool, they would not have been able to identify that IT WASN'T ME since they were assuming it was me at the Jacuzzi later that night. They compared the two images of the people at the jacuzzi at 11pm and of me at 6pm and it was clearly not me, that's when they apologized profuselty.

Do I have any legal backing or proof of wrong accusation or something like this?

Also a fun fact: one of the leasing office girls followed me on instagram yesterday, which I thought was weird at the time since I don't talk to any of them outside of the usual business dealings -- I am thinking it was to try to identify me and put those charges on me.

Answer:
 They dropped it. It's over. Move on.Answer #2: You are not getting evicted.

What else do you want?


Title: Had an alleged seizure in Pennsylvania but live in New Jersey. Concerned about driving privileges.

Question:
Hey all,

I first posted this to /r/epilepsy and realized that legaladvice might be a more appropriate subreddit.  Let me know if it is not.

So I'm 22 years old and had my first alleged seizure on Christmas eve. I was in Pennsylvania visiting family and was rushed to the hospital when my aunt found me unresponsive and unable to move in a bedroom at her house. I was **not** found seizing, I was found after the alleged seizure, which a nurse told me was an important detail because it is difficult to prove that a seizure actually occurred. I could have just passed out, right? I should note that an MRI, CAT scan, and EEG all came back perfectly normal and did not indicate any medical conditions whatsoever.

Anyway, I left the hospital with a paper that informed me that the Pennsylvania DMV had been notified and that I was not allowed to drive for six months. I live in NJ and have a NJ driver's license.

Will PA inform NJ of the alleged seizure? My job requires me to drive so I will be unable to work if I can't drive.

Thanks for the input everyone! This has certainly been an interesting experience. Really hoping I don't have a second seizure!

One last question, what exactly does the driving ban mean for me considering I have a NJ license? Can I not drive in PA, or am I fine to drive in PA because I have a NJ license? I did some googling and couldn't find answers to any of these questions, so thanks a lot, guys :D

Answer:
 not every seizure is a tonic-clonic seizure. you could have just as easily have had an absence seizure (as in one where you're not moving).

please follow the doctor's instructions. see if you qualify for short-term disability if your employer offers a plan and talk to your primary care doctor.


Title: Liability of crashing a helicopter to save your life prompted from Drake and Josh

Question:
So I just watched the helicopter episode from Drake and Josh (season 4 episode 18) in which the boys get trapped in a skydiving helicopter and hilarious misadventures ensue.

During the episode, the pilot gets up from his chair, sets the helicopter to autopilot, and in an attempt to get Drake and Josh to stop fighting accidentally knocks himself out. After ten minutes they wake him up, and Josh accidentally sets off a fire extinguisher which pushes the pilot out of the helicopter with their parachute. Drake and Josh then call ground control but lose the radio before they can figure out how to land the helicopter and so they both must jump out to save their lives leaving the helicopter to eventually crash into the ocean.

The helicopter pilot/skydiving coach later returns to bill the boys’ parents a startling $400k fee for the lost helicopter.

What I wanna know (and don’t know how to word in google) is how liable the boys actually are for the lost helicopter. If you abandon someone else’s personal property to save your life, leaving it to be completely destroyed, are you actually liable to reimburse the owners?

This might be a little off-topic compared to other questions, but I’m mildly interested if this is actually the case because it feels odd.
Topic:
Other Civil Matters

Answer: This belongs in r/legaladviceofftopic


Title: Girlfriend was caught shoplifting and confessed to the officer

Question:
Hello all,

So two weeks ago my girlfriend was caught shoplifting at a Target in a local mall (This happened in Virginia). All she took was an otter box iphone case and a water bottle which added up to a grand total of $97.00. As she does not has reddit account I thought I would post her questions for her here in hopes of calming her down. So here they are:

1.When can i expect my summons?
2. Will it come in the mail or be hand delivered?
3. How does one "qualify" fir a public defender?
4. If I confessed to the police officer, what are my chances of getting off with classes / community service?
5. What kind of fines should i expect?
6. How likely is jail time?

Thank you in advance!

Answer:
 > All she took

L o l

Anyways, she needs a criminal defense attorney if she wants the best outcome.


Title: Girlfriend left me for the man she cheated on me with, got pregnant, and at the date of conception she was sleeping with both of us.

Question: Like title says, my girlfriend cheated on me for a period of a few weeks and was sleeping with both of us at the same time.  She told me that there is a possibility I could be the father based on. The estimated date of conception,  but she doesn't want me to worry about it and the new boyfriend can raise the child.  Is there anything I can do if she refuses to take a paternity test?  I want to know if this child is mine.

Answer:
 > Is there anything I can do if she refuses to take a paternity test? I want to know if this child is mine.

You hire an attorney and get a court-ordered paternity test. You can't get this until after the child is born, but there are a few things you can do now to set yourself up for the situation, so don't wait until the child is born to hire an attorney. This all can vary a lot by location. Good luck.Answer #2: You need to figure out what you want here. Part of suing to find out if the child is yours is that you then become obligated to pay for child support if it is yours. Do you want part or full custody? That's what you need to figure out.


Title: "Citizen's arrest"

Question:
If I saw someone commit a crime such as shoplifting/stealing, do I have the right of making a citizen's arrest if I am not a US Citizen?
State: GA (if that even matters)

Answer:
 Citizen's arrests are a terrible idea even when they are legal.

Your actual citizenship status does not make a difference.


Title: Cited for Assited fold knife. Different from swirchblade??

Question:
I live in California-

Tonight I was pulled over for doing 60 in the 50. I have known this officer for quite a while. I used to gave run ins with him back in my juvenile days. When the officer approached my window, he asked if I have had anything to drink or any marijuana in the car. I answered honestly stating that I had 1 beer 2 hours ago. To be on good terms, I volunteered myself to breathalyze. He asked me out of the car, I got out and informed him that I was in possession of a knife in my pocket, than proceeded to do the  sobriety test. I than did a breathalyzer. Blew straight 0s. He than confiscated my knife and cited me a misdemeanor for a switch blade.

I was under the impression that assisted fold knives are different from switchblades and deemed legal in the state of CA? What are the likely penalties to follow? He stated that he would write in his notes that I was very cooperative and informative of the weapon during the stop. I told him it was a store bought knife and I didn't know it was an illegal weapon (why would stores sell illegal weapons?..). The officer told me the DA may not even waste his time with the case.

What do you guys think? Thanks in advance

Answer: [CA Penal Code 17235](http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=17235.&highlight=true&keyword=switchblade) is the relevant law here. It appears to exempt assisted-opening knives because pressure is applied to the blade when you open them rather than any other part of the knife.  I'd go ahead and fight it just so the cop is on notice, so I could get my knife back, and so I could get the offense off my record.


Title: Coworker brought toddlers to warehouse job

Question:
At work now and one of my co-workers just brought two toddlers to work with him because he couldn't find a sitter. It's not a particularly dangerous job but it is a warehouse with forklifts driving around and we have had injuries in the past.
Manager doesn't seem to care but I don't feel comfortable at all.

Answer:
 What's your question?

If management is okay with it, then do your job.  If the kids are getting in the way, alert management.


Title: I was raped, Salt Lake City District Attorney dropped the case for lack of evidence, can I pursue my own case in court?

Question:
I was raped by a friend of mine two years ago in Salt Lake County, Utah, and due to reasons that no one can tell me (I have tried asking the detective on the case, now she is no longer a detective, I have also tried others) the DA dropped the criminal case and cited lack of evidence.  I had a rape kit done, I provided the name, address, and even birth date of the man who did it.  I am not sure if I did something wrong in the investigation, there are a lot of details I can't put here because they are too long.  I was in the middle of moving out of state at the time and they told me they would let me know if I needed to fly back to testify but we never even got that far in the case.  The guy who did it would not talk to the detective when she showed up to question him and immediately got himself an attorney.  After that, the case was dropped, no charges were filed.

He made comments that he had done this to other girls, I desperately don't want him to do it again to some other girl.  Is there any way I can pursue legal action against him, or reopen the case now that I am back in Utah?  I have asked everyone I could get a hold of, and have been told I could maybe sue him in a civil case. I don't have much money, but I would be happy to work on a 100% contingency if a civil suit is the only way forward. However, I don't want money and he doesn't have any to give anyway, suing would be my last resort.  I just want him stopped.

Answer:
 The case was not dropped, they just cannot go forward with criminal charges at this time. The DA presses criminal charges, individuals do not. I am sorry.

>I don't have much money, but I would be happy to work on a 100% contingency if a civil suit is the only way forward

What do you mean by *youd* be happy to work on contingency? The attorney decides if they will take a case on contingency, and it means they aren't getting paid unless you win. In these types of cases, especially when a defendant has not been charges, attorneys almost never work on contingency. Answer #2: I'm sorry that happened to you.

The only way for a criminal case to go forward is through the DA.

Your other option is to sue him in civil court.


Title: Are Public Schools allowed to pay below minimum wage?

Question: A few years ago I worked at the janitor during the summer at my local school system and they at the time paid me below Massachusetts minimum wage. I know I should have raised a fuss but at the time they said they would fire me if I asked for more and I was young and non-confrontational. I was reminded of this because I was looking through the town website and saw that they were recruiting again for the summer custodians and they were only advertising $8.25 an hour. I was wondering because a Federal Institution are they allowed to pay below minimum wage?

Answer: No.


Title: US (OR) - Sketchy neighbor's sweet kid just implied they engage in counterfeiting

Question:
Not sure if this is the right place to post this. Is there a 'law enforcement advice' sub?

tl;dr bullet points:

-Neighbors engage in suspicious/drug house type activity

-Police parked surveillance vehicle at our house to monitor their activity several months ago; nothing we know of happened

-Neighbor's son recently stated they engage in counterfeiting

-What do?

Full story:

We have neighbors across the street who moved in about a year or two ago. I have used the terms white trash, flop house, druggies, and deadbeats interchangeably when describing them to friends and co-workers, but I don't want to be rude so I'll just say they clearly lack a sense of neighborly decorum. They are loud, lots of fighting and swearing, adults yelling at kids, kids crying loudly inside the house and audible down the street. I estimate that two or more families are living there at any time, and unfamiliar people arrive for short periods of time at all hours.

They appear to have a household embargo against men wearing shirts, clear front lawns, or vehicles that have been manufactured in the 21st century. The owners have a particularly loud little honda coupe that zips up and down our cul-de-sac at high speeds, and I have heard the engine revving at every hour of the day. Last week I was up at 3 am and happened to hear them coming back home. If it were a newer car I would assume he was a ride-sharing operator.

But you know what? Neighbors are neighbors. You deal with it. We have generally just kept our grumbling private and adjusted to deal with them. We don't let our kids play around on their bikes in the front of the hpuse anymore due to their unsafe driving.

About six months ago, we received a call (out of nowhere, we haven't reported or snooped) from our local police department asking if they could park a surveillance vehicle in front of our home to monitor the neighbor's activity (they didn't need to ask, but they didn't want us to call the police on themselves if we got suspicious about the car). We agreed and over the next month, the vehicle was stationed in front of our home twice for a period of about five days each. We heard nothing and asked nothing, assuming the police were suspicious about drug behavior (as we are).

Last week, the neighbor's son, who is in the same grade and school as our son, wandered over to play with squirt guns when my kids were in the front yard. No problem. He's a sweet kid and it's not his fault his parents are...however they are. My wife chats him up to be friendly and he brings up that they don't get many toys in his house because they are pretty poor. And then, the kid drops this: "But we have lots of fake money! It's lots of hundred dollars and dad says it only works on people who don't look very closely at it. He says it's made to look really really like the real thing."

So far my wife and I have done nothing except lots of urgently whispered "I freaking knew it!" to one another.

What would be the appropriate action to take for a generally mild-mannered family (me and mine) who doesn't like rocking boats, but is torn between (on the one hand) their desire to report wrong-doing and protect children who are in dangerous situations and (on the other hand) their fears of possible retaliation from their recently completed binge-watching of Breaking Bad and the knowledge that snitches get stitches.

Halp?

Answer:
 the treasury department is your friend, and, whowever originally called you form the police department, they don't stake out places unless they suspect things, and if both treasury and police are called they might be able to link up to share information, which would certainly move forward any thing they might do.Answer #2: The US Department of Treasury has [this website](https://www.treasury.gov/about/organizational-structure/offices/Treasurer-US/Pages/if-you-suspect.aspx) on how to report this sort of thing.

If you're worried about children in danger, contact CPS.


Title: My grandmother believes her hours were just cut due to age discrimination and she'd like to write a letter threatening action if he can't provide justification. She is very stressed out about the forthcoming changes to her salary and pension. I'd love any thoughts or resources I could send her way.

Question:
My \(extremely sharp\) grandmother has been working as an hourly library clerk at the same library for 30 years. She is on record as having been there longer than any other hourly employee. They recently promoted one of the other librarians \(the only male\) to a director position, and he made several changes to their program. He cut her hours from 17.5 to only 5, with no initial explanation. When she asked why her hours were cut, he said it was because his changes would mean that she would have less to do, yet she has been checking the scheduling system and no other employees hours were cut as well. She strongly believes that he has no actual justification to his claim that she will have less to do, and that his decision is based on age discrimination. She is notably the oldest employee at the library, and she has several examples of ways in which he shows preferential treatment to the younger employees. She has never received a complaint about her work and takes her job extremely seriously.

She'd like to write a formal letter threatening a discrimination suit, asking him to reverse his decision before she takes action. She is very stressed out about this in terms of her salary, as well as the implications for her pension. She has been searching for the proper documentation to allow her file formal complaints. She seems to be taking steps on her own and I trust her ability to navigate this, but I'd love to get a sense of whether or not there's a chance this works out in her favor. Any advice? Any recommendations for resources to help guide her letter?

Answer:
 If she wants to send a letter, she should have an attorney do it.

Age discrimination is quite hard to prove.Answer #2: You should contact the EEOC before you start firing off letters. Let them guide you as to what, if any, actions you should take.


Title: [MA] Uber driver smoking with asthmatic passenger

Question:
I took an Uber Sunday night (writing this up on Monday). I'm severely asthmatic, often having bad flare-ups from specific things, one of the worst triggers being from cigarette smoke.

I had a bad flare-up and has been on and off since then all day. I think I may end up in urgent care tonight, and as a result having to miss work tomorrow.

Simply put: can I successfully sue the driver over this for medical bills and time lost at work?

Answer:
 > Simply put: can I successfully sue the driver over this for medical bills and time lost at work?

No.


Title: legal advice

Question:
In the past months I visited my girlfriend after a brief online relationship.  All was fine, but her parents whom are hyper religious and best defined as cult leaders, caught wind of our meeting and proceeded to cry wolf to get the police involved.  Both my gf and myself were over the age of 18 so the police wanted nothing to do with it but that did not stop them from manipulating the police in order to get their way which resulted in a few grey situations.  Currently we are exploring our legal recourse to either be recompensed for losses or if necessary charges against her parents IF necessary, unlike her parents I just want to get on with my life.

The following events occured:

\-Her parents lied to their local police department to supervise a confiscation where her parents stole her phone and laptop.  We were later informed by a detective that this was wrong and her parents had no right to do so, as he released her phone and laptop back to her.

\-Her parents committed perjury as a result of lying to a magistrate to have her petitioned to be psychologically evaluated at a drug rehab facility.  The wording her parents used were intended to create the need for emergency apprehension under the risk of self harm.  Needless to say at no time was she a threat to herself and the dialogue her parents put in the petition was never spoken nor transmitted via text message as I was with her every moment the two weeks of my "vacation".  To further contradict the urgency of their petition, they chose to coordinate it until after a nine hour defensive driving course the day before we were set to travel back to my home state, in an effort to keep her in their state.

\-They took possession of our bags and searched them without permission in the search of contraband substances.  When nothing illegal was found, they stole various items from her bag and mine.  When our bags were returned to us we found everything repacked chaotically and several items missing.  When confronted about this, her parents only justification was "there are consequences to living in sin".

\-They refuse to return her social security card, birth certificate, or passport.  Cursory research indicates the crime they are guilty of is misappropriation of items/property as her parents were already in possession of the items and did not take them directly which would be larceny.  Yet again when pressed to return these items, their only justification is that she does not need these items to get a job and long winded religious motivations for not returning these items.

That's all I can think of regarding the matter at this time, but if you have any advice or questions I can go into detail if that would be any help.   We'd like to know if we have a case should we approach an attorney rather than waste our time and limited funds, as we are now struggling to support ourselves after the stupidity her parents put us through.

thank you

Answer:
 Legal recourse aside, this kind of nonsense will continue until they are completely out of your life. If she is not 100% willing to never speak to her parents again, this is just the start of a very long and painful story.

You can sue to get your things back, police probably aren't going to care about a few things moved between family members.

If she didn't actually lie, she didn't commit perjury. It matters what she said exactly. If she did lie, consult an attorney.


Title: MN, USA - My college closed down and I want to talk about discharging student loans as a recent graduate...

Question:
My alma mater college announced Thursday they would be closing in 7 days for good. It was rumored on campus that things were going downhill, but there was no warning of this particular closing.

I graduated April 2016 with an Audio Engineering major and Business minor. I feel that my current degree doesn't hold value now that my college is non-existent, I can't use the alumni privileges, and the accreditation the school has won't transfer to most - if any - schools in my area, which would prevent me from going back for an Electrical Engineering or IT degree since I would be likely be going for another complete 4 year program instead of being able to bypass the generals that I've already taken.

Does it seem like I have leverage to stand in terms of getting my loans discharged and starting over? I've read about this stuff happening to currently enrolled students in programs that shut down, so I'm familiar with the discharge process.

Anyone have this issue post graduation? Am I SOL? Do you have any recommended leads on places I could bring this to?

Answer:
 Assuming the accreditation you graduated with is no different than what you signed up for, I'd assume this won't be adequate grounds for a refund. I don't see why the institution's financial insolvency makes your degree/certification measurably any less valuable. There may be a way to get some alumni services (job coaching) you paid for paid for by the institution.

Good luck!Answer #2: > the accreditation the school has won't transfer to most - if any - schools in my area

I live in Minnesota and know which school you are talking about. I'm pretty sure that was true of their accreditation before they closed down.


Title: [CA] Used to have an MMJ card. Am I screwed if I wanted to buy a gun?

Question: So like the title says, I used to have a MMJ recommendation. It's expired now and I shredded the card and paperwork. My name is in the books at the doc's and the one dispensary I used to go to, but I don't think either have been hit by the Feds or anything. If I were to buy a gun at any point in the future, how much risk am I taking?

Answer:
 On the DROS / 4473 form you fill out when attempting to buy a firearm, there is a question that asks "(e) Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?" Providing false information on this form is, I believe, a felony.

[9th circuit ruled you CANNOT buy a firearm if you have a MML.](http://www.washingtontimes.com/news/2016/aug/31/federal-gun-buying-ban-upheld-for-medical-marijuan/)

However, the question asks if you **are** a user of marijuana. If you no longer are using marijuana, you aren't lying if you answer **no**.

tldr: If you no longer are using marijuana, and won't be using it, you should be able to legally buy a firearm in CA.


Title: 'Self defense or in defense of another', apply this the police convictions.

Question: Chauvin has been convicted of murder.  That moment in time is locked as a homicide.  Here's where I need you to grant me the premise of paradox-free time travel.... If someone would have stepped in with excessive force against the police, saving Floyd's life, would the person who interfered be abstracting justice?

Answer:
 “Ladies and gentlemen of the jury, when my client invited you into the TARDIS and triggered the trip to May 2021, he fully expected that he would be exonerated by what you saw there!

“He didn’t think fourth dimensionally, however. Because he changed the past, preventing the murder, he now has no way of proving that there would have *been* a murder: we, ladies and gentlemen, live in an alternate timeline in which no one died. But because my client acted to avoid the events of his original timeline, he must be acquitted of obstruction of justice.”

“What? No! I asked for paradox-free time travel!!!”

The answer is: I have no idea how “paradox free” time travel might work. And I’m not even all that clear on how regular paradox-capable time travel might work, truth be told.


Title: [WA State] Friend is working for less than minimum wage because they got a salary contract for 40 hours a week and then shortly after had their workload increased without a pay increase. Is that legal?

Question:
A little more context.  My friend was the assistant manager to a failing restaurant that was going to go out of business.  Another company bought the restaurant and first promoted my friend to a 40 hour a week assistant manager and then shortly after that they told my friend that they were the store manager in training.  Because they thought they were getting on the job training for a fast paced restaurant manager job they were willing to take the horrible pay temporarily.

Turns out that the new owners are unscrupulous and my friend is thinking about parting ways.  The hours of over time that my friend worked for free are in the hundreds and when factored into an hourly rate it puts their hourly wage way below minimum wage.  When trying to research the issue on my own the only thing that I learned was that the employer may offer to pay for the overtime hours without violating the contract salary agreement but I could find anything about recourse if the bar gets raised and you find yourself working 60 hour weeks and only getting paid for 40.  Is there any?

Another interesting tidbit is that they know that they are paying my friend less than minimum wage because the hourly employees that are now getting 40 hour weeks at just over minimum wage are taking home more than my friend.   Any help beside 'go find another job,' would be appreciated.  Thank you.

Answer:
 Whether or not he's due overtime would depend on what kind of employee he's classified as (hourly, salary non-exempt, salary exempt), and how much he gets paid.

If he's salaried exempt, makes $47,476 or more in salary, then he's not due overtime pay for hours worked over 40 in a week (or any pay at all -- his salary is his pay, generally no matter how many or few hours he's working).

Edit: I stand corrected, under the FLSA, overtime eligibility for salaried employees is still $23,600/year, as outlined by /u/jasperval below.


Title: Is drawn child porn legal?(as in Loli hentai and stuff)

Question:
Topic:
Computer and Internet

Answer:
 In America, the federal government attempted to ban this sort of thing in the Child Pornography Prevention Act of 1996, however it was struck down by the Supreme Court on First Amendment grounds. This case was [*Ashcroft v. Free Speech Coalition*](https://www.oyez.org/cases/2001/00-795). This was because, without the use of actual children in producing the drawings, the Court found that the harm was not enough to warrant a ban while still respecting freedom of speech.

The federal government responded with the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003. (oh hey it spells "protect," neat) This law excludes drawings, but includes digital media which look too realistic.

The definition of child pornography for federal purposes is at [18 U.S.C. § 2256](https://www.law.cornell.edu/uscode/text/18/2256) in subsection 8. (This is one section over from 18 U.S.C. § 2257 which you may recognize from every porn site you've ever been on.) Basically the law now is that pure drawings are fine, unless of an identifiable child, but digitally-created images are way dicier.

Academically speaking, this subject is fascinating because it requires weighing two of the strongest concerns that exist in American law, free speech and the wellbeing of children.

Practically speaking, under no circumstances do you want to be defending on which side of the line your porn falls. Just give it a wide berth.


Title: Harris County, (Texas) - Property land-locked with an access easement. MUD agreed to remove a gate but now wants shared maintenance.

Question:
I saw a similar question earlier regarding easements and I thought I would reach out to see if there were opinions on my options.

I purchased some land-locked land last year that already has an access easement agreement attached to it.  [Here](http://imgur.com/bxtU7If) is how it looks.  My property is outlined in red, and a local MUD water plant that provides the easement is bordered in yellow.

Prior to the purchase I spoke with the MUD board about a gate (blue) that is at the entrance to the easement.  They had communicated that they would remove the gate, or leave it open, upon my request.  I'm looking to build a storage business and require open access.  In recent conversations the attorney for the MUD is now demanding I sign a shared maintenance agreement for the road on the easement or they won't remove the gate.

My question is can they have a gate the blocks physical use of this easement?.  I currently have a padlock on the gate that I can use, but once in operation this isn't reasonable for my storage customers.  I would be willing to  consider some shared maintenance, but they can't provide estimates of what I might be expected to cover.  I also don't like them trying to force me into this agreement.  If anyone has any advice or experience with blocked/restricted access easements I would be grateful.

Here are some screenshots of the current [Access Easement](http://imgur.com/Ck5jpXt,7TvlsHr#0)

Answer:
 Damn, I totally thought this was the blue neighbor. Answer #2: [Here's a relatively recent case](http://caselaw.findlaw.com/tx-court-of-appeals/1613337.html) dealing with easements.  The section most relevant to your situation would be the "Limitations on Greenwood's Rights" section.

Basically, looking at the easement language you linked, it is lacking in the restrictive language that is discussed in the case I linked.  If this is good caselaw that hasn't been overturned, there is a good argument in your favor that your use of the easement is unrestricted, except that it cannot spill over to the land upon which the plant is situated (that's the only restriction I could find).

Other than that there are no limits on when/where/how often you can use the easement within the document itself.

See a local attorney, as this is very fact and state specific.


Title: [US, California] My child's basketball broke another child's iPad

Question: [deleted]

Answer:
 Don't block and ignore. That's a shitty passive aggressive thing to do and nobody likes people like that. Your child did have a role in breaking the ipad, you should at least give them an answer. Tell them one time your child was playing appropriately in an area designated for this play and it's not his fault their child choose to bring their expensive ipad near where it could have been hit by a ball.  If they continue to harrass you then you can block them. Their recourse would be to sue them.Answer #2: Negligence requires someone doing something a reasonable person in his position wouldn't have done. Your child wasn't negligent because he was playing basketball in a place meant for playing basketball. Their child wasn't negligent because he is a child and reasonable children can still be expected to do careless (or carefree) things like take out their toys in unwise places. I think the Latin term for this is "shit happens".

Consider also the possibility that the ipad was already broken, and the other kid took it out in a place where he knew it would be hit deliberately intending to blame someone else for it.

IMO your move here is to politely deny responsibility. "I'm sorry this happened but he took out a delicate device on a basketball court and it got hit with a basketball, so umm"


Title: [USA] In light of Trump's recent remarks, I was wondering what the procedure would be to remove a president who refuses to leave office at the end of his/her tenure as president

Answer:
 The secret service would probably quietly escort him out.Answer #2: One thing i have learned from /r/legaladvice is dont change the locks on the white house. You have to evict. 😁Answer #3: That depends on what you mean by "leave office". Do you mean the physical oval office? Because that ain't what makes you President.

As soon as the new President is sworn in, they ARE President, and Donald would no longer be. Donald barricading himself inside the White House wouldn't do anything. He'd still be "former President" at that point, and the new guy/gal would be in charge.Answer #4: IANAL but I don't think there is a legal answer to this. Legality goes out the window when someone can seriously threaten a coup/civil war if they don't get their wayAnswer #5: What comments did the Oompa Loompa make?


Title: Friend mistakenly bought wrong item at work, got fired and was asked to reimburse the costs?

Question: So my friend, who lives in Indonesia, bought some things mistakenly at work which cost the company thousands of dollars. She got fired on the spot, even though she worked there for several years. And they're demanding her to pay them back. Is this legal?

Answer:
 It's unlikely anyone here is familiar with Indonesia law.

In the US or Canada, your friend could not be forced to pay back the business.


Title: Hit a mailbox, trying to work it out with owner but he wants to charge me for his inconvenience

Question:
About a month and a half ago I hit a mailbox due to bad weather and to avoid collision with the car in front of me.  I gave the mailbox owner my insurance information, but later told him that I would settle up with him myself.

The mailbox was perfectly fine.  It is an older mailbox with some rust, but not something caused by the accident.  The only damage I caused was to the post.

The owner is asking $200 to replace the post, the mailbox, and the labor to install.  I told him I wouldn't pay to replace the mailbox, as I only am liable to replace exactly what was damaged, and I would give him $100 to cover a post, concrete, and labor.  After I told him that, he said that he was inconvenienced because he had to go to the post office for 2 weeks to get his mail after I hit his mailbox (his mailbox was sitting on a snowbank, I guess it's possible the mail delivery person didn't deliver to a mailbox on a snowbank), and he has already spent $50 on a "temporary" fix.  His "temporary" fix was to put the mailbox on a new post and in a bucket on the ground.

Am I also liable to pay for his inconvenience?  Would insurance pay for that?  I have a voicemail of him saying that it was $50 to get the mailbox on a new post and in a bucket, I can't imagine it will cost much more than $50 to have someone come out and put the mailbox in the ground when the ground warms up some more.  I have even offered to come out and install the mailbox myself.

He is basically telling me that he wants $200 or we are going through insurance.

I am in Wisconsin.

TLDR:
Should I be paying for the inconvenience of the mailbox owner to go to the post office, when, for two weeks, his mailbox sat functional on a snowbank?

---

Update:
The mailbox owner agreed to allow me to reimburse him for the $50 temporary fix (necessary due to extremely cold temperatures and frozen ground) and to allow me to buy the post and install the post with his old mailbox myself.  Thanks for everyones advice!

Answer:
 Sorry you are getting such shitty advice today. In theory what he is asking for are consequential damages. These are damages on top of actual damages if they are a direct result if your negligence. So could he get them in small claims? Sure he could, don't let these lunkheads here convince you otherwise. Is it likely? No. In the end this is purely a question for you of time. For such a low amount I would not submit it as a claim for insurance. But you have to decide what to do. 100 bucks is sort of fair. I've replaced two mailboxes in my life. Not painful but takes a bit if the post needs replacing. If it doesn't, 100 is more than fair. So decide if you have the time. Give him a final offer. 100, 150 or his 200. If he doesn't take it let him sue you. You could get hit for the consequential damages but it is unlikely. It all comes down to time and how you want to spend it. Good luck!Answer #2: Tell him to either accept the $100 or you'll go through insurance. Insurance almost definitely won't put up with his nonsense, and they'll pay him exactly what he is owed. Not a penny more. Which may be less than you're offering.

Maybe he'll realize that and agree to just take your $100.


Title: Amazon stole $100 from my girlfriend

Question:
(Idaho) A couple days ago my girlfriend woke me up because $100 got charged from her debit card, it may seem like nothing to some but were living paycheck to paycheck and just barely making it. The $100 was charged to her amazon account, she called them gave them her info and they said they'd check to see if it was fraud but other than that there's nothing they can do.

The next day she called her bank and the bank said they couldn't do anything about the money and they cancelled her debit card so no more unwanted charges could happen on it. Luckily I sold my car and I've been wanted amazon prime so I said I'd give her the money so she can pay her bills, and I'd just use her account for prime.

Come today I'm trying to log into it, I've changed the password 4 times, its not letting me log in. I call amazon and they now say that the account doesn't exist. So basically we got charged $100 for prime, then the account got removed or something.

I checked her email before I called. There are 2 orders on it, the most recent being from may 9th.

2 days ago when she called she gave them her email address(I believe but how else would they be able to check if its fraud) and it seemingly worked fine.

I'd like to call them to sort it out but its next to impossible to understand the people they have running their customer service, so after 45 minutes of saying "what" "repeat that" and spelling out the email I end up giving up.

Basically I want to know if there's any laws being broken. I don't know the first thing about lawyers, or where to go for such a small amount of money. Thanks in advance.

Tldr amazon charged my girlfriend $100 for prime on an account that hasnt been used since may and never had prime to begin with, wouldn't refund her, she disabled her debit card, and now her amazon account doesn't exist.

Answer:
 So your GF's card was used to sign up for Prime on her own account, she called them to tell them it was fraud, and now you can't access the account? This seems to be a reasonable response on the part of Amazon - if this had happened to me I would expect Amazon to close a compromised account.

Best case scenario: the money is already on it's way back to her account. Worst case, you've really shot yourself in the foot by claiming fraud when it is entirely likely that this was an accident on her part. If you had come here first I would have told you to call them and tell them that somehow you had signed up for Prime without intending to, and gone from there. Answer #2: I'm confused as to the situation.  Amazon charged her $100...for Amazon Prime service?  Did she have it before, or sign up for a trial or something?

They she reported it as a fraudulent transaction, but now you want to use the account anyhow?