Title: My speeding ticket was dismissed without me doing anything, what happened? (Maine)

Question: Not sure if this is the right sub but just wondering if anyone can shed some light on what happened. I'm in Maine. In July I got my first speeding ticket, which I contested because I heard you should always contest speeding tickets. The date of traffic court turned out to be a bad day for me to take off work and I knew I was speeding so I just decided to accept the consequences and pay the fine. I followed the instructions on how to change to a guilty plea and I payed the fine. Just yesterday I got a letter in the mail with a check for the amount of the fine. I went online to the Maine paytixx system and when I enter the ticket number it just says "dismissed" next to it. Why would they dismiss a ticket when I pleaded guilty and already paid the fine? Do I need to call anyone to check on this or should I just deposit the check and consider myself lucky? Will the ticket show up of my driving record if it was dismissed? Thanks in advance for any answers!

Answer: Don't look a gift horse in the mouth, just take screenshots of the ticket being dismissed, and keep those with the letter in a fire resistant safe in case the court tries to come after you later.


Title: [California] If ISP's are allowed to sell my search history, will it be legal for my (future) employers to buy that information when vetting me?

Question: Obviously this is hypothetical but I guess I need to know if I should stop looking up anything political or weird?

Answer: I would think that the most efficient way to make the info worthless is not to stop looking up stuff. That'd be suspicious at best. I think the only way to make this kind of info pointless is to generate as much as possible, completely randomly. If you look a the amazon page for X or Y, than that's info that advertisers can use. If you looked at every single amazon page that exists (with a bot or something), then that is completely useless information to anyone. It will hide whatever you were actually looking for much more efficiently than if you only look at some specific pages.


Title: [US] I'm 13 and I want to get a job. But I am not legal age.

Question:
NOTE: I prefer not give away my state, but it is 16 where I live.

I really want to get a new computer because I am into game development and I'm stuck with a crappy laptop. The only problem is, is that I can't get a job. My parents can't afford a gaming PC and I really want to work to get parts to build one.

Is there any legal way to get money at my age?

Answer: Mow lawns and do other household chores.Answer #2: It's true that it is illegal for a company to employ you.  However, it's not illegal for you to do "odd jobs" to get paid.  The traditional advice for 13-year-olds for the last decades has been to mow lawns, do gardening, and babysit.  Charge a reasonable rate and don't lowball yourself in fear the client won't hire you if you don't.


Title: What is the proper procedure for alerting police that you have a legal firearm in your car when when pulled over? [Maricopa County, Arizona]

Question:
I am a British citizen and U.S. Green Card holder living in Arizona, I am beginning the process of getting a permit to carry a concealed weapon and this is something that I am thinking about. I do not make a habit of being stopped whilst driving but these things do happen and I want to be sure that I handle everything in the safest and most appropriate manner possible, I have this probably unfounded fear in the back of my head that I will alert the officer of the gun and then when he sees my hand move to get my wallet or roll down my car window he will think that I am grabbing the gun and in fear for his life, shoot me. I want to avoid that possibility as much as humanly possible, so how should this sort of situation be handled?

I don’t know what sort of gun I will be getting, but I do know that it will be a small double action revolver. Thank you for your assistance.

Answer:
 Whenever I get pulled over, I do my paperwork gathering immediately, roll the window down a little, and then turn on my interior light(if it's night) and put my hands on the wheel.

At this point you get to choose what to do. If your gun is visible from the window, I'd hand over your CCW permit with your license and follow the officers directions. I've done this, I was just told not to make any weird movements.

I've also said nothing and it wasn't an issue because he never saw it.

I'd recommend informing the cop for sure if it seems as though you'll be asked out of the car, or the vehicle will be searched.
Answer #2: turn on the car's interior light. Keep hands on the wheel. Always ask to reach into glovebox, under seat, pocket, etc.

If not asked to exit vehicle do not mention a firearm. There is no upside for the cop to know you have a gun.

If asked to exit, "yes officer. Just to let you know I am licensed to carry a firearm and am currently carrying. What would you like me to do?"Answer #3: Ive been pulled over with my firearm on me. I just handed him my Drivers License and CHL. He looked at both, asked me where it was and I told him. He said, "let's just leave it there for now son." That was that.

Most cops know people are digging in their glove box the first few seconds of the stop. So they'll wait until you stop moving and grabbing your stuff to ask you questions.


Title: Can you appeal a house arrest sentence (Florida)?

Question:
Yeah. Anyway, the story goes as such.

Got arrested June 9th, 2016. Had the following charges:

Grand Theft (F3)
Dealing in Stolen Property (F2)
False Info to Pawnbroker (F3)
Contempt of Court (Marchman Act)

Sat in jail 34 days to my court date. At court, they said they'd drop everything if I plead guilty to False Info to Pawnbroker (F3).

Placed on probation for 1 1/2 years w/ adjudication (no priors).

Sent to a 3-month inpatient program.

Get out, begin my probation.

Violate probation 2 1/2 months later with 12 violations.

Offered me 3 month rehab with probation reinstatement. Said fuck that, tired of useless programs, asked for house arrest.

Placed me on House Arrest (2 years).

Honestly, I'm just trying to figure out my options here, if any. House Arrest is killing me, literally. The same four walls with minimal human contact. I figured it wouldn't be this bad, but jesus christ, somebody invent a time machine so I can go back in time and slap myself in the face.

Is it possible to alter this sentence at all? Is it possible to just do my jail time (6 months I think?)?

I basically acquired these charges through a bad drug problem, stole my brother's PS3 and pawned it (which I was going to get out later that day, money was being sent to me) but he took it as an opportunity to "help" me.

Jesus christ, I should've just taken the 6 months and ended the fuckin' thing. Now I'm stuck in a spider web.

Answer:
 You want to appeal a punishment you requested for a crime you plead guilty to?

Hey, call a lawyer but thats a hard row to plow.


Title: (Buffalo, NY) City tow truck hit car, city denied our claim.

Question:
Hello,

First off thank you for taking the time to read this and reply.

As the title stated, a city tow truck hit my girlfriends car while he was attempting to pull a illegally parked vehicle that was parked behind her car. The damage was a part of the rear bumper got ripped off. I was watching this go down and told her to head outside after he hit her car, they called for a police officer to write the report. The officer came took the drivers statement that admitted he hit her car and we were told to make a claim with the city.

The claim included two estimates, the police report and a notarized document. She mailed that in, today we received notice back that they are denying her claim based on traffic code 1103: http://codes.findlaw.com/ny/vehicle-and-traffic-law/vat-sect-1103.html

What are our options at this point to get the city to pay for the repairs?

Thanks

Edit 4/11/16: She does not have collision on her car.

She called her insurance company and they said they would call the city to be an advocate on her behalf but they will not be able to take any legal action against the city.

There's got to be a way to get them more involved. The person assigned to her case she said was a dick.

Answer: Has your girlfriend notified her own insurance company? They will go after the city to get their money and sue the city, if necessary.Answer #2: IANAL, but I know that they use this section to avoid paying accidents with snow plows in NYS. I hope a lawyer reads this and lets you know what options you have! Good luck!Answer #3: That section references it being for an authorized emergency response vehicle. Since when is a tow truck an emergency response vehicle? I would ask them for justification of the application of that law and ask for a supervisor. That sounds like a serious stretch on their part.


Title: Is it legal for an employer to fire someone for taking a prescribed drug?

Question:
I’ve been wondering this primarily about medical pot, but could also apply to pain meds like OxyContin.

If a person is taking a drug as prescribed by a doctor and is not taking it in such a way as they are under the influence while at work, can they be fired if that drug is found in a random drug test?

It seems like that would be discrimination.

Answer:
 TL;DR depends on where you live, what you do, and who you work for - but if the stars align then yes you *may* be safe for using medical marijuana

Generally speaking your employer will have to try to accommodate a medical issue, but let’s say you drive trucks... then no they don’t have to let you do that on pain meds. In fact they *cannot*.

Medical pot... well it’s illegal under federal law so even with a medical marijuana card then the ADA simply does not apply so you don’t get protection under that.

So it would come down to your states laws, but it gets pretty complicated in that say your company is a government contractor, then federal law requires them to maintain a drug free workplace even if a state law protects medical marijuana users.

Some states, New York springs to mind, have explicitly included medical marijuana under their anti medical-issue discrimination laws but like I’ve said there is an interplay between state and federal laws here that is pretty interesting. And I believe even in NY employers are still allowed to maintain a zero tolerance policy towards drugs although I’ll admit I’m not sure how this plays out with medical marijuana...

Edit: ok I just read up and in NY *you are* protected from firing except for these two exceptions I outlined: if your job requires you to be unimpaired or if allowing drugs in the workplace would impact federal funding.

But it’s jurisdiction specific so let us know where you are and I can look it up, but I’ll just be googling “medical marijuana workplace rights [insert state]” for you.


Title: [13][Ontario] Accidentally saw a nude photoshoot picture of Brooke Shields when she was 10.

Question:
Was browsing r/TIL and on a post about Brooke Shields. Some redditor linked the image and since I was on mobile I accidentally clicked the picture link with no knowledge of the actual content. To the best of my knowledge from the TIL it's not considered child porn since it's considered 'art' (sounds crazy but sure) but I'm still worried. Edit: the link was to iconic photos, a seemingly reputable photography site.
Topic:
Computer and Internet

Answer: You'll be alright man.


Title: Brother owes parents 13,000 this year; refuses to pay

Question: I'm trying to get some sort of help with this situation; When applying to colleges, both my brother and I  could not get loans in our own name.  Our parents made a deal stating they would put the loans in their name if we would pay them back.  Fast forward to now, my brother has stated that he does not owe my parents any money, and refuses to pay.  Parents have had to pay the past year in fear of losing their house.  Savings have been dwindling.  I know that there is a a grey area because technically they are in their name, but anything that they could possibly get him to actually pay?

Answer:
 There is no grey area on the loans. You parents are obligated to pay loans the took out in their name.

You parents have an agreement with your brother he would pay them back money they lent him. If he refuses to pay that can sue him for the money.


Title: [CT] Likely to beat Disorderly Conduct charge?

Question:
I was given a ticket for Disorderly Conduct in Stamford, CT. I have the option of mailing in a $100 payment, or checking off a Not Guilty Plea.

The charge, in my opinion, is totally bogus. How likely am I to beat a charge like this?

Obviously any lawyer is going to be more expensive than the $100 price of the ticket, so as I see it my only options are pay with a 'No Contest' plea, and have it on my record, or fight the charge on my own.

The context of the charge is simply that I was told to leave an area of the train station that was allegedly closed (specifically a bench). There were no posted signs, and I wasn't told the area was closed until after I received the ticket.

The conversation was fairly quick. Basically it went along the lines of

Officer: 'That area is for ticketed passengers only, you need to get off that bench'

Myself: 'I do have a ticket, would you like me to print it out for you?'

Officer: 'I don't want to see your fake ticket. Leave or your getting a summons'

Myself: 'I'm confused. If this area is for ticketed passengers then why do I have to leave?'

Officer: 'Alright, this is going to cost you a lot of money'

Myself: 'I don't understand why I have to leave when I have a ticket'

*officer writes summons, I don't speak as he's writing it*

Officer: 'This area is closed now. You have to leave.'

Myself: 'Okay, well if its closed to everyone then I'll leave.'

Thats the gist of it. There were two other officers with the one who wrote the ticket, but only the one writing the ticket spoke. Afterwords, while I was on my train (so about an hour later) I wrote everything down about my recollection of the entire conversation and event on my phone's notes app, as best I could remember it.

I wasn't intoxicated, and this is my first offense (with the exception of an alcohol possession charge from Massachusetts I got many years ago in High School that should be sealed).

Answer:
 Your chances of conviction are from zero to one hundred.

Sorry. The crystal ball is in the shop


Title: [VA] Can I be sued by other parent for claiming child on taxes?

Question:
Ex is suing me for claiming child on 2018 tax return.  Custody agreement does not indicate who claims child.  I told him we could alternate claiming child each year before I found out that the IRS already has a rule for this.  After I saw the rule, I told him I will not alternate claiming her and that instead I would claim her since my AGI is higher and we share 50/50 custody.  Legally separated 2017, Divorced 2019.  Does he stand a chance against me in this lawsuit?

&#x200B;

According to the IRS - "If the parents do not file a joint return together but both parents claim the child, IRS will treat the child as the qualifying child of the parent with whom the child lived for the longer period of time during the tax year. If the child lived with both parents the same amount of time, IRS will treat the child as the qualifying child of the parent who had the higher Adjusted Gross Income (AGI) for the tax year."
Topic:
Tax Law

Answer:
 The IRS rule you quoted is only when both parents claim the child. If you share custody and equal time, alternating would be fair. You are using this tie-breaker rule to your favor since you have a higher AGI. (Based on how you worded your post, this is how it sounds to me).

It sounds like you had an agreement and broke it knowing the IRS would be on your side. I do not know though how the courts will handle this though.


Title: Neighbor's weed causing migraines and triggering asthma

Question:
This is on behalf of my friend. She lives in California. Friend has recurring migraines and has asthma that gets really bad when triggered. Her neighbor has a few marijuana plants (2 or 3, I can't remember what she said, probably not relevant.) I'm guessing that they bloom around this time because my friend has said that she has been able to smell it very strongly. Last year was their first year in this house and she had a very rough few months from October to around January or February. Since it's started up again this year she had been unable to even walk outside in the backyard without her asthma flaring up and most of the time getting a migraine as well. She has not spoken to the neighbor because she doesn't want to cause bad feelings without the situation being resolved. She is concerned that since it's legal, she just has to suffer.

Legal question: Is there anything she can legally do about this "invasion of air space?"

Answer: IANAL but no. It sucks, but they aren’t breaking any laws. Like if I grew tons of lavender in my backyard, my neighbor can’t say “stop growing lots of lavender it makes my allergies worse.”


Title: Wrongful Termination? Anything I can do? (IL)

Question:
Doing this for my Dad who just lost his job of 4 years at the same nursing/rehab. facility as a CNA. He got a phone call from a higher up telling him that he was not to come in pending a investigation into what they told him was for "rough handling". My Dad is the most caring person I know so this accusation is pretty upsetting for him and us all as his family.

They call each day for the next few days telling him not to come in and they are still investigating. They finally call him again to tell him that he's been terminated based upon the fact that he "rushed his care". No warning, no suspension without pay, no type of discipline whatsoever for a person who's been with them for 4 years.

I told him that I believe he was wrongfully terminated, based on the fact they didn't provide any evidence backing their claims up?  Am I wrong in thinking this? We live in Illinois if that matters. Any help on this matter would be a weight of of his shoulders right now.

Answer: Unfortunately you're wrong. Unless he is in a union or has a contract there was nothing wrong with him being let go.


Title: (GA) I think my friend was sexually assaulted, not sure what to do from here.

Question:
Hi guys, I'm a long time lurker in this sub, and I'm hoping you all can help me out with this shitty situation.

About a week ago, ten of my close friends got together for an end of the semester party. There was plenty of drinking despite the fact that almost all of us are underage.

The party started around 11pm and, like most small college parties, slowly ran out of steam around two, which was the time that I left. I  woke up to my phone vibrating at about 10am the next morning. I noticed I had several missed calls at the time from my friend Susan*.

Susan called and said she needed to come over right away, once she got to my place she told me that last night she had been sexually assaulted. To hear her tell it, another of our friends (Bob*) Began groping and kissing her, and when she pulled away he held her down and began touching her genitals and breasts above her clothing. Susan managed to get away and locked herself in a bedroom where she proceeded to try to call me for a ride home, but sadly I was asleep.

Bob tells a very different story in that Susan apparently came onto him and that everything was mutual until she began to feel guilty and broke things off. All of our friends are very divided on this issue and there has been a huge schism among people who have been friends for many years now.

However, after doing some research it turns out that Bob has a history of sexual assault and has been found guilty on two counts. Susan is hesitant to speak to the police because her family would partially blame her for the situation (In her dad's words "drunk women that put themselves in a sexual situation are asking for it").

My question for you all is this: what should I be doing (legally) in this situation? Should I urge Susan to speak to the police ? Would it help for me to speak to the police, or is that out of line ? I'm a bit lost here to be honest.

Thanks to everyone who replies and please excuse the rambling nature of the post!

Answer:
 >what should I be doing (legally) in this situation?

You have no legal obligation to do anything

>Should I urge Susan to speak to the police ?

Susan should do whatever she feels comfortable with

> Would it help for me to speak to the police, or is that out of line ?

It would be out of line to go behind her back and speak to the police. If she encourages you do so, then it's obviously a different story.

The best thing you can do is to stay out of the legal situation, but be there for your friend if she'd like you to.


Title: My landlord is charging me $55 for having to move my car for a renovation I did not consent to. They also failed to communicate this fee in writing.

Question:
My apartment complex recently launched a series of renovations throughout the property without any input from the community. They just said they would be happening and that was it.  One of those renovations was repainting the lines in the parking lot. They told us through email to move our cars or else our cars would be towed. This project was delayed because of the weather, so I was not exactly sure when it would start. They put maps of the property designating which side would be done on which day, but again, because it was delayed I was not sure when it would happen.

I got a knock on my door one morning from someone from my leasing office telling to move my car so they could start the project. Okay, great, I thought, I won’t get towed. I thought everything was fine until yesterday.

Yesterday I logged onto my account and found I was charged $55 for having to move my car. Needless to say I was upset. I went to my landlord today and she said that they told us this would be happening, but she actually did not. There were no emails about it, and on the map they put on our doors it was single-sided with no further information. So basically, I’m being charged a fee I was not properly informed of for having to move my car for a project I did not consent to. Had I known of the fee, as well as when the project was actually happening after the delay, I would have moved my car.

Is this within my landlord’s rights and do I have to suck it up and pay the fee?

Answer: If it’s not in your lease, you can’t be charged. If it was a tow, they could possibly have a case to recoup the cost of the tow, but they can’t fine you.


Title: If someone forcibly pushes you to the ground and goes through your pockets, but doesn't find anything is it robbery or attempted robbery?

Question: NY and why?

Answer:
 The easy charge here would be assault and/or battery.

Attempted robbery is a possibility, as well, as they attempted to rob you.  There might be some quibble over statutory language and intent there.


Title: Nissan had a recall in cold weather States but my state (KS) was not included and the part broke.

Question:
The recall was due to the salt cold weather states use for snow and ice on roads. The coil spring was not coated properly and the salt corrodes it overtime. It snapped while pulling out of a parking spot and rendered the car inoperable. We already repaired the part and we have the coil springs still with visible signs of corrosion.

I live in Kansas city right next to the state line. Missouri was included. We drive in Missouri all the time. We experience the same snow as the rest of the region and both sides of the state line salt roads heavily.

What are my option? Can I sue in small claims? The part was like $600 to repair. I've represented myself previously and enjoyed the experience. Is that an option? Are there other avenues? Thanks in advance.

Answer: I'd take the bill to a nissan dealership in Missouri and talk to one of the service managers and go from there.  Be nice and pleasant about it, but firm.  Print out the recall tsb on it to have on hand.


Title: I shot neighbor's aggressive dog in self-defense.

Question:
For background, this is in Northern Ohio. I visit my younger siblings and parents frequently. They were currently looking to move elsewhere before this incident as the house is too small for them. The houses there are very close, and they share a fence with an older couple (late 50s, early 60s)

My parents have three dogs who stay in the house except to be let out in the fenced yard, two large ones and a small one who is always following my youngest sibling around, she's 14 years old. While I was visiting, he slipped out of the back door when my sister went outside to grab something from the back porch. Now the neighbor's have four dogs, and one of them is a large and aggressive pitbull, and he has bragged to me about it killing the previous renter's dog, as well as had numerous complaints filed about it due to constant barking and aggressive behavior, though they keep her in a pen out back 95 percent of the time.

My parent's dog went to the fence ready to play, however the pitbull caught him and attempted to kill him, making him yelp and cry. I ran outside and ended up shooting their dog twice (licensed to carry), and killing it instantly. Thankfully my sister's dog was okay, just a little shaken but didn't  get seriously injured. The police came and told the neighbor's it was justified due to the nature of the dog and the previous report of it killing a pet (not sure why they didn't put the thing damn down after the first incident)

However, the neighbor is causing a big issue about it, threatening my family and our dogs. While my family is planning to move I've been staying here just to make sure, as he owns a firearm as well and there will be no hesitation on my part to defend my family. He's also resorted to racial slurs (we're Hispanic) and the like. What steps can be taken here? The police and pound have already taken our side in this yet the neighbor still insists on causing trouble.

Answer:
 If he's making threats, you can call the police and let them know as it is a separate issue and very much criminal. Answer #2: Cameras.   Now.

Tell your parents not to let your dogs out without supervision anymore.   They're almost assuredly going to try and retaliate -- which could be as easy as throwing laced beef over the fence.

If they try something, take the footage straight to the police.
Answer #3: Contact the police and report his threats.  Even file for a restraining order.


Title: Can I be sued for slander by reporting undocumented incidences to my company?

Question:
I am a former employee of a major corporation with smaller charters in each state. (When we're talking about my field, there are only two major employers - all others are private small businesses that get bought and sold to these companies). My independent yet corporate owned facility was in South Carolina.

I was recently terminated (unjustly, in my opinion) from my position, and this has led me to believe that a letter directly to Human Resources to expose the dangerous, back-handed nature of this facility is in order. However, all my claims are likely undocumented due to the on-site manager's negligence, and I have only character witnesses, nothing concrete.

I accuse this facility of exposing employees needlessly to danger repeatedly and a few of its employees of medical negligence. I name each employee by name and each instance.

My concern is, this is a very, very large corporation I'm issuing this letter to, and while my intentions are good - to improve the quality of care as well as the environment for my fellow co-workers who I left behind - I'm afraid this could turn into a legal shit storm.

What are things to avoid? Things to point out?

Answer:
 There's an old adage in /r/legaladvice that you can't stop anyone from suing you.

That being said, the first part of defamation/slander/libel is a requirement that the plaintiff prove that the defendant made a false statement that harms the plaintiff's reputation. If what your saying is demonstrably true, then their case is unlikely to succeed.


Title: Cell phone carriers and “unlimited” data: False advertising?

Question:
I know false advertising is a phrase thrown around quite a bit by people who don’t really understand the concept but hear me out.

As we all know, the major mobile carriers in the US love to tout their “unlimited” data plans. However, we all know this isn’t truly unlimited. You hit 20 or 25 gigs and then you get that crappy, unusable speed for the remainder of the bill cycle.

Why do these companies not get dinged for advertising in such a way? Is it because they purposely leave the advertisement as somewhat vague by saying “unlimited” instead of “unlimited high speed” or something similar? I’m guessing it’s because they can argue that technically you ARE getting data after your high speed allotment of 25 GB. It’s just at god awfully slow speeds.

TIA!

Answer:
 Read the fine print.  They tell you everything they're legally required to tell you.  They have teams of high-priced lawyers to research that.

Since they show it too small and fast for you to read it all in the commercials, they also print it in the contract you sign.  If you sign without reading it, that's on you.


Title: Seattle City Light didn’t bill me for 11 months

Question:
So, I’m not too sure if this fits here. But, I
just want to make sure I don’t get screwed in this situation any more than I already have.

I moved into my third Seattle apartment last year on December 1st 2017. Our bill for electric came in I believe in February 2018 and it was $140. Usually, in our past 2 similar sized apartments we were charged about $75 a bill or less (billing is bi-monthly, so each bill covers 2 months. We have always lived in 500-700 square ft apartments, just 2 of us). So, I called them and they told me that had accidentally charged me for time before we had moved in. They said they needed to send someone out to read our meter and said not to worry about the bill until they figured that out. So, we waited. I called a few times between now and then and they said they were still trying to send guys out to get the reading.

Well, yesterday I called again after I saw that we had a balance listed on our online account for $1090. Yet, the only bill shown online is the February bill for $140 still. I called them to see what was going on and they said that had had someone apparently come out and read the meter back in March. Then, on October 17th, 2018 they created a bill for $1090 for the last year, yet don’t list or show any of our usage. The lady with CSL told me that I could take as long as they took to bill me to pay back the massive bill, at $99.09/month for the next 11 months or I could pay $198 bi-monthly. I told her this bill still sounded extremely high for us. She said our usage is pretty good this month, and told me yesterday when I called that my usage for that day was only at 8kw (I believe that’s what she said, I could be wrong and she may have said hours) and we had only been using about 8-10 kw per day. However, our apartment has been vacant for the past month because we moved into a new place earlier than when our lease was up. I asked her how it could be so high, and how a base usage of 8-10kw is possible when no one is there and nothing is on. She told me that they use a “larger commercial meter” at that residence which could explain why it’s higher (I’m not sure what this means) and she said I should go flip the breaker because my fridge could be causing the daily usage while we aren’t there.

I guess I am just at a bit of a loss. I want to make sure that this company is not overcharging me, but I’m not sure how. But, it seems that their numbers for our electric usage is coming out way higher than our previous averages. I also think I should probably demand to see the past usage for the 11 months they are billing me at once.

What do you think I should do here? Should I just pay them the whopping $100/month?

Thanks to all.

Answer: It sounds like your meter is not being read, you are not being provided with a bill based on your usage, or you are not being charged the correct rate. The next step would be to speak to a supervisor at the power co. If that does not resolve it file a written complaint with a hearing officer.


Title: Neighbors accusing me of animal cruelty

Question:
The short story is that I caught a cat in a live trap. It had killed one of my chickens and was back again a day later, stalking them. I took the cat up the road a few miles and let it go.  Turns out that it was likely the neighbors pet, they're furious, and trying to get me charged with animal cruelty. I told them what I had done, apologized, and asked if there was anything I can do. Apparently not. Two of them came to my front door, separately, yelling at me, and later, my wife. A week later I get a call from an officer informing me that they're pressing charges and asking if I'd like to make a statement. I said I'd like some time to think about it and he gave me a week before he passes it off to the prosecutor with or without my statement.
Do I make a statement explaining my side of the story or do I say nothing and wait to see what happens?
Edit: I'm in WA state

Answer:
 You are being charged with a crime. It's cliche, but true, that anything you say can and will be used against you in a court of law. Given that you don't know the specific charges, yet, you can either remain silent and wait (you'll be notified or arrested eventually) and get a lawyer when you find out, or remain silent, get a lawyer and prepare your defence.

In neither case is giving the prosecutor more ammo a good idea.


Title: Employee mislead me on a purchase, store doesn't accept returns

Question:
Hello from Oregon!
I bought a vape pen about a week ago from a shop in my town. When I went into the store, I went straight to the employee and asked him to only show me the vapes that are compatible with both flower and concentrate. He pulled a few off of the shelf and began showing them to me.
 I ended up buying one for $150.00. After using it with a concentrate, I discovered that it was meant for use with flower only. The vape is unusable now.
So today I called the shop and asked to speak with a manager, but they are "currently between managers." I then asked for a refund/ return or exchange, but they have do not allow any of those. At this point in the phone call I recognized the employee's voice as the same guy who had sold me the vape originally. I told him I remembered that it was him who had sold it to me, and I asked him again what could be done since he had mislead me. He said that he was "sorry if whoever sold you that told you the wrong info, but we always tell our customers to research, research, research." He then suggested that I contact the company who makes the vape, to see if they would give me a return, but I cannot see why they would as there is nothing wrong with the product..(?)
Can I do anything at all here? I obviously know that I should have researched products before buying one. But I am a student and $150 is a lot of money for me to be out on.
Thanks!

Answer:
 Worst part about it is you probably could've bought the exact same device online for less than half of what you paid...

But at any rate, if it were me I would probably just be relentless in asking for a refund through the chain of command. Write honest reviews on the various associated platforms.

Aside from that, there's not much you could do. It wouldn't be worth the filing fee in small claims.


Title: [UK] Ex-landlord harassing me over conversation I had with current tennant

Question:
In a nutshell, my ex landlord has been calling repeatedly and leaving messages asking to talk to me due to a conversation I had with his current tennant.

The conversation was in regard to a mold/damp problem we both experienced in the flat. We have both documented the issue with photographs (and I had a structural engineer have a look at the windows, which are seated incorrectly) and requested the landlord to resolve the problem. In both cases he has denied a problem and blamed tennants.

He has threatened to come to my new residence to talk face to face (breach of data protection act?) and to send me a solicitors letter because I have spoken out about his good name, or some such nonsense.

He has not stated what he hopes to achieve in talking to me and I believe he is in breach of tenancy laws and data protection laws. Any advice would be great?

Thanks.

Answer: Ignore him.  You can't really stop him from showing up (once), but you don't have to answer the door.  Just document everything, and when you feel it's risen to the level of stalking/harassment go to the police.


Title: Tackled by a security guard

Question: I live in west palm beach Florida.  I snuck into a music festival sunfest the other day and as i run in security chased me.. One snuck up on me and full on tackled me to the ground.  Although I deserved it, it did cause an injury on my elbow and back.  Are they allowed to do this or could i sue?

Answer:
 > could i sue?

Sure. Go for it. But the concert organizers also could file a police complaint for trespassing, and/or theft of services, and/or other charges.


Title: [California] How wrong is this aggressive constitutional-rights enthusiast?

Question:
http://www.liveleak.com/view?i=2a8_1420954631
Topic:
Constitution

Answer:
 Well, according to [this page](http://www.ci.eureka.ca.gov/depts/finance/business.asp), they have to have a business license.

I had to get to 2:45 before the sovereign citizen crazy started bubbling out.

And then the officer got funny.

No, the officer does not need to know exactly what charge(s) he's going to level on someone are before he begins an investigation. Nor does he ever have to cite them chapter and verse.

Then I got bored.

At the end of the day, I would have cited them for selling without a license, and told them to take it up with the municipal judge. If they still refused to ID, I would have taken them to the jail for processing and identification.


Title: Employer will not allow me to leave the premises for lunch. Illinois charter school

Question:
So, as stated, I recently started working for a charter school in Illinois. Technically we are a part of the public school district. This morning I was informed that I am not allowed to leave the premises during my lunch, which I have been doing. My contract does not state this, nor does the employee handbook.  The reason this is an issue is because I usually go get lunch And a cold drink. Also, I smoke and am not allowed to at the school, obviously.
Is this legal/ are there any laws protecting my right to leave to go get lunch?

Thanks!

Answer: No, there's no legal requirement that you be permitted to leave the premises during your lunch break.


Title: Holding back keys from Landlord for security deposit

Question:
Landlord left some items when I moved in. We met last night and asked me to remove these items, he didn't have my securiy deposit with him and said he would mail it to me.

I took a few hours off work this morning remove the items fro the apt. Since We are meeting tonite again, I asked him to bring my deposit.

If he doesnt bring my deposit can I tell him I'll mail in the keys after I receive the check?

Can I get in trouble for this?

Thanks

Answer: You would be retaining possession of the unit and would owe the landlord accordingly. I know of no state that requires deposits be returned immediately.


Title: [CO] Sexually harassment by supervisor outside work

Question:
Throwaway for obvious reasons.

I'm a man working at the Denver office of a national corporation. My manager was promoted from another site into the position in February. I am one of his fifteen direct reports.

This happened 10 days ago. While socializing with my gay supervisor at his place, we kept trying to flirt with me. I told him I wasn't interested, I have a girlfriend. We were drinking. He kept pushing shots of whiskey on me while I had a single beer, and said failing to "show I'm part of the team" could reflect badly on me in my May review. So I took a few shots. I probably drank more than I should have, I was definitely feeling it. He made several sexual comments and I told him to stop, but he kept repeatedly asking if I was a sub or a deviant. When I decided to leave and was getting the couch, he tried to give me a backrub and footrub. I told him to stop touching me and got up. He aggressively attempted to remove my belt and pants after I got up. I told him again that was way over the line, and he laughed. I left right after that. He insisted on following me back to my place so I got there safely. I'm pretty sure I told him to leave me alone but I was feeling pretty fucked up after he tried to yank my jeans off.

My roommate refused to let him our place and my manager insisted on calling the next day at 6 AM to make sure "I was cool."

This was our third time hanging out together and he never acted anything like that before. Our team went out together to a sports game in mid-March, a month after his promotion. After the game, he and I went for a drink at a bar in our neighborhood. We live in the same part of the city. Nothing odd happened. Two weeks later, we both went for our team's usual Friday happy hour at a restaurant, but no one else showed. Nothing else was odd. I talked to my coworker and she said our boss told her the team dinner was canceled. It seems like he told everyone but me it was off.

The third time when he harassed me, he asked me over to his place. I didn't think anything about it because our team socializes together outside work regularly and the office culture encourages this. We go to team dinners or drinks, sporting events, birthdays and holidays together frequently. My supervisor's behavior was totally unexpected. When I rejected his advances, I was drunk. I should have left earlier. I don't know how bad I fucked this up.

He's been acting like nothing happened but I'm lost. I figure he will try somethign at my review or find an excuse to fire me and I don't know how to protect myself. Can I do anything? Going to HR is probably a bad idea, right? He has seniority over me. We have something in the employee handbook about affirmative action protection for sexual harassment claims but I don't know. I worry they're going to say it's not a problem.

What do I do next? I feel like I should get a lawyer but is this EEOC or is there another kind?

Answer: Report this to HR. That kind of behavior is unacceptable. Ask your coworker to provide a written statement about the canceled outing as supporting documentation to your report and if your roommate or anyone else witnessed anything relevant, all them to do the same. Put it all in writing and keep a copy of everything you present to HR. Do this before your review comes up because it's going to be a lot harder to argue for case if you wait for him to fire you or retaliate in some way. If HR refuses to act, then lawyer up with someone experienced with employment law and sexual harassment.


Title: My gf had her aunt t cosign for a car, aunt removed my gf from the title but not the loan, and took possession of the car.

Question: So essentially the aunt tricked my gf into buying the aunt a car. How is that possible and what do we do now? Apparently the police told my gf that the aunt legally owns the car now not her.

Answer:
 If the aunt cosigned for it, her name is still on the loan.

I'm assuming the title was GF *OR* Aunt. Never do this unless you absolutely trust the person. If it had been GF *AND* Aunt, Auntie would have needed GF's signature on the title.

At any rate, her only real option here is to talk to the financing company. There's a chance Aunt is in violation of the terms of the loan. The loan could require that whoever is on the loan be on the title. And even if Aunt has put her name on the title, there's a lien against the car which is owned by the financing company.

If your GF stops paying on the loan, the car will eventually be repossessed, and both GF and Aunt will take a credit hit.


Title: A major market chain that sell Verizon plans/phones allowed my account to be charged for three fraudulent phones without my authorization. Do I have legal recourse?

Question: [deleted]

Answer: Did they refund the money when you informed them the charges were fraudulent?


Title: A friend of mine knows someone in the US who's in danger of becoming the next Elliot Rodger, and we don't know what to do.

Question:
I am from the UK, and I have an online friend in Europe. She met a man on Omegle when she was 13 (now a young adult) and he was 22. They talked off and on for many years, and he's displayed some very concerning behaviour in this time - she's already blocked him more than once. So far this is what we know:

* He has confessed to 'falling in love' with her at the age of 13 and thinking about her sexually at this age, saying he would 'break her cause she was so skinny' etc.
* He has displayed seriously mentally unstable behaviour, including sending her a video of him drinking vodka and swallowing pills
* He has confessed to her that he has abused other women and *possibly* underage girls online, forcing them to do things sexually over webcam and manipulating them. He got the national ID card and birth certificate of a girl and made her expose herself on Skype 'just to humiliate her', to which he said 'teaches her not to spam me', 'she's not really human' and 'be glad I never did that to you lol'
* He has threatened to rape and 'cut up' her 15 year old friend when they pretended to be a couple to try and make him stop making advances towards her, and said she 'did something evil, for which I want to cause her physical pain'
* He has sent her long emails in which he says he 'needs to spend time with her' and refuses to stay as friends despite her saying no, including demanding to fly to her city. For example,

**'So what, I'm not allowed to visit *country* ever without fear that you're going to lodge a false complaint against me? You're incapable of love so I don't have human rights?'**
**'This was a test. You failed. It's clear that I'm not free to travel to *country*, because if I accidentally bump into you, you're going to freak out. Therefore my rights are permanently in a state of being violated so long as you exist.'**
**'You're a cruel person, incapable of loving others, who hates her fellow human being.'**
**'You were so caught up on the 'not wanting sex' bit that you outright lied about the amount of emotional availability that you expected from me.'**

* He has made disgusting racist comments (Her: 'At least *country* cops don't walk around shooting every black person they see' Him: Unfortunately, neither do ours. I wish they did, that would fix so many things.'), and has expressed sympathy for the Norway attacks in 2011 by Anders Breivik
* He is a gun owner, and is known to the FBI for 'terrorism charges' and might have done jail time
* He lives in LA, California.

In short, he's unhinged. He believes he has a 'right' to her and says she's the only woman who's ever treated him like a human being, all the others have 'picked him up and thrown him away'. I'm legitimately scared, due to the fact he's in possession of firearms, that he could one day have a breakdown and hurt people, more than he already has. I convinced her to get all the evidence she has together (she doesn't have records of all of this, but more than enough to show he should NOT be owning guns and has abused women) and go to the FBI Internet Crime Complaint Center, which she will do soon hopefully. Since she isn't in the US and we know nothing about CA state law, we don't know what more we could do, if anything. Does anyone have any advice?

Answer:
 Tell her to stop unblocking him and move on with life.  This isn't anything to go to the FBI over because first - the harassment or issue she is facing would require her to notify her local police, not one in the US, and for all she knows he is bullshitting about everything.  This is not an issue unless she keeps talking to him.Answer #2: *He is a gun owner, and is known to the FBI for 'terrorism charges' and might have done jail time*

if he's been charged and convicted then he's a felon and having a gun is a crime.  an anonymous tip to the FBI will be sufficient to get him looked at.  if he has only been charged but not prosecuted and convicted then he's just a jackass with a gun.

honestly, the way y'all are super PC in Europe I'd just report him to the authorities and get him on the no-fly list.


Title: [GA] I have an emotional support animal(dog) for which I have a doctor's letter for, and will have another dog in an apartment complex that only allows one pet per person. Does my EMA count as a pet and can I face consequences of having two dogs?

Question:
I have an emotional support dog for a legitimate reason and due to some familial circumstances will be in charge of another dog. The apartment complex says that there can only be one pet per person. My understanding is that a emotional support animal cannot be barred from a residence even with the business's rules, with some exceptions. A pet does include increased rent and a deposit, both of which I am willing to pay.

Edit: not sure why I'm getting downvotes. I'm really just trying to understand the law surrounding this.

> "If a person is physically impaired (disabled) and has individually trained service dog to perform a major life task that the person has trouble performing for him or herself (or an emotional support animal prescribed by a licensed mental health professional), the Fair Housing Amendments Act of 1988 requires the landlord/property manager to make a reasonable accommodation to their policies and allow the tenant to have an emotional support animal. This includes species, breed, and weight policies."

Answer:
 Wait, but the new dog isn't your emotional support animal. You have one dog already. I don't see why you think you can break the rules here. Answer #2: There isn't a hard and fast rule with ESAs; only that the housing authority or landlord operate in a manner that is reasonable. I see nothing unreasonable about them counting an ESA as a pet under the policy; as long as they aren't charging a deposit or setting up weight or breed restrictions that aren't caused by something like their insurance policy.

You can always ask; they're probably looking at avoiding lawsuits more than standing their ground over one extra dog. But there certainly isn't anything obvious that would require them to do so.


Title: Website stole my video game guide & is making profit off of it, they won’t take it down

Question:
[removed]
Topic:
Computer and Internet

Answer:
 Not a Lawyer. You can issue a DMCA takedown notice to their hosting company.
https://www.dmca.com/faq/What-is-a-DMCA-TakedownAnswer #2: Also you can sue for for your part if any profits they made Answer #3: You have copyright on this. Even if you don’t have it registered, by law as long as you’re the first person to put this into tangible form you hold the copyright. Provided you have proof that you were the first one to create this, you can File a claim with the US copyright office for infringement.


Title: Should I report my neighbors' emotional maltreatment child abuse, or would the burden of proof get me sued?

Question: (Connecticut, US) I have a neighbor that goes as far as waking me up at odd hours yelling at his girlfriend's small children. From a fight I overheard these adults having (which also frequently occurs in front of the children and I've had to call the police about), their situation is that it's his apartment, but he is unemployed, so he watches her kids/houses them and she financially supports them all. One of the exact things I've heard him yelling at the children includes, "I don't care about you, I do this for your mom." There are two small children, a boy and a girl, and I have to assume that the boy is no more than 5 or 6, and the girl is slightly younger. They actually both constantly yell at them, and I hear loud bangs that end with the children wailing and crying every day. The yelling and the bangs can be heard by people I'm on the phone with if I'm on the phone at the time, and like I've stated, it regularly wakes me from deep sleeps as late as 3AM and as early as 7AM. I have not been able to get close to the children, but I would not at all be surprised if there is physical abuse. Today is Christmas, and I thought at least not today, but there is nothing but shouting and banging and crying again. I also suspect that these young children have been left alone by the boyfriend based on hearing him leave, and hearing nothing but the children running around for extended periods of time. It's been months, and it's really eating at me hearing just the comments made to the children. "I don't give a fuck about you," has got to stick with a child. However, I don't know how this can be investigated and proven, and I read that complainants can be sued on the grounds of false allegations. I don't want to be set up as the neighbor making things up to get peace and quiet or something. I also don't know if this hostile household with their mother is going to be better or worse than foster care if abuse is proven. What should I do?

Answer:
 If in doubt, report. Sure they can sue you, you can sue for anything. But they won't win unless they can prove its malicious. Which obviously it's not.

You said the screaming gets so loud, people can hear it while on the phone, start recording it. When you hear it, just start recording your wall or something. That way you have proof. If anything they can do a welfare check. But something tells me she won't have those kids for long. Answer #2: You could anonymously call CPS.


Title: Pursuing a customer who has purchased $500+ in software products and uploaded them to torrent sites. [USA]

Question:
I develop a kind of specialized software product, and own a business which distributes these products digitally. Together with another developer we've identified an individual who has purchased a number of our products (including ~$500 of mine) and uploaded them to torrent websites where they've since been downloaded many thousands of times.

Assuming he didn't use a stolen identity, I have his legal name, phone number, and address, as well as his purchase record and evidence linking him to the account that uploaded the files. He's based in the United States, though not in my state.

How would one pursue such an individual and hold them liable for damages? Would this be civil, criminal? Would I need to contact someone in their state, or start in mine? I'm just looking to be pointed in the right direction so I know who to talk to going forward. Thanks in advance.
Topic:
Intellectual Property

Answer:
 You need a lawyer for this. Small claims court won't cut it since you're damages are well over your state limit no matter which state you're in. Answer #2: * You'll want to hire an attorney

* A local attorney will do just fine

* You'll want an intellectual property attorney

* This pursuit will cost you some money

* If you need help finding an attorney here is a good resource: [findlegalhelp.org](http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm)

* This pursuit might be fruitless if this individual is [judgment proof](http://en.wikipedia.org/wiki/Judgment_proof)

* Good luckAnswer #3: Could you elaborate on how you made the connection between the buyer and torrenter?

I consider myself pretty tech literate, but I have no idea what you'd have to prove this connection except maybe that the product key he is posting as part of the torrent is the one assigned to that customer?Answer #4: It's a shame you're not a big movie studio, because the FBI would be so glad to jump to your rescue...

/s


Title: I made fake Instagram accounts and the police are involved

Question: So I thought it would be funny to make a fake install account of a teacher. I put his real name and set a profile pic of his face. I commented nothing bad on two close friends accounts and followed everyone in my grade. That's it. Then some random makes an account for every teacher in the grade and the principle. They follow everyone too and nothing else. The next day everyone is talking about it and no official statement was made. That day I turned the page in to a fan styled page of this kid I hate. I post two pics of him and deleted them a little bit later. So all that's left on the account is the username and the bio. The next day people are still talking and the all the teachers get a paper that has all the legal consequences of making fake accounts that included $10,000 fine 2 years in prison and suspension. I don't really think nothing of it and go to next hour. The principle, a cop, and the IT guy walk in and said was on that paper. The principle also said that he said yesterday if they take it off he wouldn't care (which he didn't) and said that now since it turned into what it is now its cyberbulling. And that the cops are trying to get our IP's and trase it back to us. And that by tomorrow they will have found out who it is. I'm scared shitless. The accounts email is random but I made it on my phone where i do everything on. I seriously don't know what to do. I haven't been back on that account since but there is nothing harmful on there. I'm a minor and this is in indiana

Answer: All you can do at this point is wait it out.  Tell your parents and don't speak to the police without a lawyer present.


Title: Roommate Passed Away, Can I Break My Lease? - Charleston, SC

Question:
Hello all,
My roommate committed suicide (not on the premises) last month and it appears I am being held responsible for the whole of the rent come Oct. 1st. I have been unable to find any resources online that would provide insight on how to proceed, so I turn to you, reddit. I can afford the rent for a few months, but I know that it will be pretty tough to pull it off for the remainder of my lease (expires May 31, 2016).

Nothing I've found in the South Carolina Landlord and Tenant Act
[Code of Laws - Title 27 - Chapter 40](http://www.scstatehouse.gov/code/t27c040.php) indicates what is to occur in this situation (death of a leasee), and other Google searches have yielded no results. Any suggestions?

Answer: You are responsible for the rent, assuming you and the deceased roommate signed the same lease and it made you both joint and severally liable for rent (most do). Answer #2: I don't know about your landlord's legal obligation to accept this, but have you talked to the leaseholder about getting a new roommate? A reasonable landlord would certainly want you to get a new person in there if it means you'll be able to consistently pay rent.


Title: Mother and I both on my bank account. Being garnished MY money for HER debt.

Question: I opened a bank account when I was 17 with my mother as a co signer. Both of our names were on the account although only my money was in the account. I am now 19, and left her on against better judgment. I have been charged a $75.00 legal processing fee, a $23.46 holding fee, and Huntington is witholding ALL of my money in the account. My mom has a $2,500 medical garnishment my money is being taken for. Thankfully I only had but $200 in as I have another credit union account with only my name. However, I can not afford to have any sort of debt on my credit or have my money taken. What are my legal options? I already plan on calling and explaining that all deposits were my funds, I have pay stubs to prove this.  State is Michigan. Please help!

Answer:
 You can't just call. You have to follow the proper legal process.

You have 14 days (IIRC) to file an [objection to the garnishment](https://courts.michigan.gov/Administration/SCAO/Forms/courtforms/mc49.pdf). That will give you the opportunity to present the court with evidence that all the funds in the account are yours, and that your mom is only a signer because of the reasons you stated above.

Good luck.


Title: [MO, USA] Can my employer fire me for not working overtime?

Question:
Ive recently started a new job where work is plentiful and I feel like I am being "coerced" into working overtime through fear of losing my job or not moving up in the company. I did sign an agreement when I was hired saying they could terminate my employment at will, so even if I was fired for not working overtime could they say i was let go for some other bullshit?

Could logging my work to show that I am actually doing what is expected of me in the workplace help me so they cant throw something random at me to fire me?

Im fairly young and this is an entry position into a great field and my employer gave me a good opportunity to get on the job training so I can avoid crippling studnet loans. Im extremely worried what might happen to my career if I refuse to work overtime, what are my options?

Answer: Yes. You can be fired for not being willing to work when asked. Even overtime.


Title: [FL] Purchased a mattress in April, noticed it's sagging, the tag says it's pre-owned. I was never made aware of this

Question:
I made the purchase at a local mattress firm, and it was on "clearance". The mattress was at a warehouse, so I never saw the actual mattress itself, so did not have a chance to see the tag, nor was I made aware that "clearance" can mean "pre-owned" or "used".

The email receipt I have defines clearance as "Clearance Items. Clearance items are defined as discontinued models, exchanges, damaged pieces, overstock and floor samples."

It does say "CLEARANCE MERCH MAY NOT BE EXCHANGED OR RETURNED" but I never took that to mean I do not have a warranty or that it was pre-owned. I would never purchase a pre-owned mattress knowingly.

The problem is, that it was in April, so I am unable to use American Express to pursue a chargeback to get the attention of the company.

Honestly not sure what my recourse is, but this definitely feels deceptive and fraudulent.

Answer:
 It states that clearance items may be exchanges or damaged pieces.  Pre-owned goods fall would generate items in both those categories.

It was also clearly on the tag for the last eight months.

You likely have no recourse.


Title: Father broke his ankle coming visit.

Question:
My parents come visit me this weekend and fell down the stairs on his way out. I am living in a place paying cash on a month to month base(no contract). Can we sue the landlord’s insurance for my father’s broken ankle?  What kind of proof do we need to gather ?
Topic:
Personal Injury

Answer: Did your father's fall relate in any way to a maintenance issue or defect with the stairs?


Title: Threw a party this weekend, money was stolen, and I'm confident that I know who did it. What do I do?

Question: [deleted]

Answer:
 Okay, everyone here is wrong.

It is NOT your job to prove shit. All you need to do is take a list of the items stolen and your suspicions to the police. They will investigate and make arrests, thats literally their entire job.

Ignore the internet detectives. The police will be infinitely better trained and equipped to deal with this.

Also, the people unilaterally saying the police wont care are wrong. They dont know what your police will care about. It wont hurt you to make a police report in the slightest. If the police do nothing, come back to us, but if its more than 100 bucks worth of stuff Im sure theyll care.

Now, I wouldnt warn her if I were you. If there are any specific items she stole, if you warn her before the police deal with it there's no way you're ever seeing them again.


Title: What information are you required to give police as a juvenile? [texas]

Question: [deleted]

Answer:
 If approached by a police officer, anyone, including a juvenile, has the right to remain silent; it is especially recommended that a child remain silent until a parent or trusted guardian is present. But this is generally only advised if there is concern that a crime was committed and fault is still to be determined. Police will use anything a suspect or witness says to further an investigation. If no crime was committed and an officer is merely inquiring about a situation, there is no need to abstain from answering questions.

Other than supplying a lawful name, address and date of birth, a minor does not have to say anything further to the police.


Title: Parents stealing from joint account, what do I do?

Question:
So Ive had a joint checking account with my parents since middle school. Ive been financially independant for years but never changed accounts because I like the credit union and never felt the need. Recently I started noticing that I had less money than I had budgeted for at the end of each week, and yesterday the account was totally empty (in fact it had a negative balance).
I confronted my parents about it but they claim that because its a joint account theres nothing I can do about it and the usual trope of "a son should support his parents blah blah blah". Other than the obvious move of getting a new bank account do I have any kind legal action I can take to get my money back? Im not above having them arrested but I dont really want to get into a potentially costly legal battle just to have nothing returned, which seems to be a common result from the lay-person research Ive done. I dont want to say just how much was stolen but it was quite a substantial sum for a light blue collar worker like me (definitely WELL outside small claims) and if it werent for my wonderful girlfriend I would literally be out on the street at the end of this month and hungry now. My work understands and gave me an advance but thats just a band aid thats going to lead to future problems. What do I do??? TL;DR: Scumbag parents stole my money from a joint account, what do I do?

Answer: They did not break any criminal laws. Your only recourse is to sue them in civil court / small claims court (depending on the amount).


Title: Other than sending an epileptic a flashing image designed to trigger them, are there any other cases of someone causing physical (not psychological harm) through the internet?

Question:
Everyone has probably heard of Kurt Eichenwald being sent a strobe image resulting in someone's arrest by the FBI and maybe the older case of the Epilepsy Foundation 2008 'Forum Invasion' whereby users were targeted with flashing posts.

Other than this case of the epileptic being sent a flashing image, are there any other examples of someone being harmed physically through a computer? Whereby the communication is the means to cause physical harm?

There is possibly the 'Fairy Game' in Russia where internet users particularly young people are advised to to turn on the gas stoves in their homes in order to become a 'Fire Fairy' with resulting horrific burns. However, this is more indirect (no less appalling though).

So any other examples of physical harm being caused through the internet in cases you have come across or cases that could be?

Answer: [Tyler Clementi committed suicide](https://en.wikipedia.org/wiki/Suicide_of_Tyler_Clementi) after his roommate used a webcam to spy on him making out with a guy. The roommate [eventually got](https://en.wikipedia.org/wiki/New_Jersey_v._Dharun_Ravi) 30 days in jail.


Title: [DE] Girlfriend noticed her check was $100 short. Found Garn Writt on her paystub.

Question: We aren't sure who the garnishment is from but we have an idea. There was this loan company that my girlfriend took out a $300 loan from. After failing to pay the loan on time, she offered to make a partial payment of what she COULD afford. They denied the partial payment and told her that she had to pay the full amount or be taken to court. (I was under the impression that they have to accept what she offered and if they denied any payment then we could fight it.) We received a final notice before all contact pretty much stopped. We never received any documents for summons. What are our rights and how can we proceed with this? Any advice would be greatly appreciated.

Answer: Your GF needs to ask her employer for the documentation used for the wage garnishment. That documentation should have the name of the entity who issued it. From there, trace back the judgement they [should] have gotten to be able to issue the garnishment.


Title: My sisters boyfriend who has mental problems who beat me up a while ago is trying to move back in to the house we share with my family. Washington state Snohomish County

Question: So my sisters SO is trying to move back in to our family house after my dad kicked him out after getting arrested for beating me up on christmas. He's been in of the mental hospital for the past few since then and they're gonna release him pretty soon and he keeps sayin that he still live here. He's never paid rent, and there is no lease agreement. I'm trying to see what we need to do so that he can't come back to live with us. We are all sick and tired of rhe whole situation and want it to end

Answer:
 Go ask for a DVRO at the Superior Court in Everett. There is a DV office in the courthouse and they'll help you. Answer #2: If he was arrested get a restraining order.  Depending on how long  he stayed there youre parents may need to file for eviction to formally and legally cover yourselves by saying he no longer lives there.

Also if he hasn't been to trial yet and lived with you at the time of the assault there may be no contact conditions on his release.

However,  if he was arrested but they moved him to a mental hospital for treatment then he may not have a no contact order and probably falls under your state's mental health act.


Title: I am going against a super lawyer, what should I do? I feel a little intimidated.

Answer: Do not be intimidated by the super lawyer label.  Although it is one of the more respected accolades, in that you cannot pay to be named one, it is by no means a true indicator of the lawyer's skill.  If the original lawyer you had seemed competent, go with him.  If you want to find another lawyer, start by asking him to recommend someone with more experience.


Title: Accidentally used someone else's credit card.

Question:
I accidentally used my sister's credit card for 4 transactions totaling $200 through google pay a couple days ago. She checked her statement this afternoon and thought it was stolen and reported it to the credit card company which promptly closed the account. They told her it's okay and not to worry about paying it back. I forgot that her card was linked to my google pay from \~8months ago and since my usual card was declined I randomly picked her card from a list of, what I thought, was all my own cards.

I'm not really sure how google pay works but I do have my own cards on it as well. I'm kinda just hoping the bank will charge back and send me a new bill.

Should I contact the bank and the company I paid about this? or hope that it will work itself out.

Answer: Tell your sister, and have her explain it to the CC company. They'll probably contact you and ask you to pay them.  It's all an accident, so I don't see it turning into a big deal.


Title: Production Company signed my Freelancer Agreement that included a Late Fee clause. Now: "We dont do late fees". x-post from r/Filmmakers

Question:
Hey r/LegalAdvice

tl;dr - Title says it all. Where do I go from here?

Backstory: Freelance Camera Technician, Non-Union, Atlanta. I was warned by a friend that this production company was wonky with payments and generally shifty. Lo and behold, I get a call from this company in January ('17) wanting me for a job.

 Wanting to protect myself against their weird pay schedule I pulled a Independent Contractor Agreement from LegalContract.com and specified the following payment terms: "The compensation will be payable, while this agreement is in force, according to the following payment terms: DrSwanson shall be paid within 30 Days of completion of principal photography. If payment will occur at a later time, Production Company will be invoiced for an additional 10% of agreed payment (compounding) every first day of each week past 30 Days until payment is completed."

I didnt want them to go late and accrue a bunch of late fees, I just wanted to light a fire under their ass. Now its April, and Ive sent them 6 updated invoices, with the late fees totalling $379. The producer on the job signed this contract on set. Ive sent them an invoice every week past 30 days like clockwork.

Here's where it gets messy. It turns out that the producer that signed the contract was laid off from the company last week because of a "Financial Predicament". When I contact the person in charge of getting me paid, I'm told that they are "working on it" and "we dont do late fees."

So, here is where I could use some advice. Because I mashed up a Freelancer Contract in a rush in order to motivate them, I need to know if the above clause will hold any water legally. If it does, I want to prepare myself for the ways they will try to weasel out of paying me the agreed late fees. Im guessing they will try to blame the producer etc, and claim the agreement wasnt valid. Also, if they didnt do late fees, they could have told me at any point after I emailed them 6 updated invoices, or on set if they happened to read it at all. If anyone is interested in reading the entire contract, I can make that available via PM with redacted personal info.

Let me know what you think.

Thanks guys,

-Doc

Answer:
 > I need to know if the above clause will hold any water legally

Well, it's going to depend on the entire contract. The safe answer is "any contract is valid until proven otherwise", but the wording in the contract is what's going to potentially give them ammo if this ever reaches court. For now, operate under the assumption that the contract is valid.

"We don't do late fees" is cute, but they very well could be bound to those terms seeing as one of their agents signed off on it. Your recourse, if they decide *not* to pay those fees is to sue them in small claim's court. Where you will present your contract, copies of the invoices, etc... and a lack of payment.

Practically speaking, I would offer to waive the late fees in exchange of receiving payment within the next 5 business days. That may incentivize them to push this up on the priority list to not have that thorn in their side.

A bit less practical option is to bring this contract in front of a lawyer for review. Though it very well could cost as much or more than your late fees.


Title: Legality of the "porn buddy" system?

Question:
A porn buddy is a friend who will, immediately after your death, go to your home and remove all of the porn from your computer before anyone from your family can find it. This is obviously mutually agreed upon and arranged pre-death.

Strictly speaking, I'm fairly certain this is illegal. But what would the criminal charge be? Could the family of the deceased come after the "porn buddy" in some sort of civil action? What would be the damages here?

Answer: Why would it be illegal? The "porn buddy" has the explicit permission of the deceased person to go on the computer and do exactly this.Answer #2: The whole point of the "porn buddy" is to avoid embarrassment in front of and by the family.  I have a hard time imagining any family would ever bring a civil suit about this, even if they had a case -- which they don't.


Title: Someone I know was heavily involved in an elaborate bank fraud scam that pocketed him at least $25K...

Question:
To be more precise, the person in question has been arrested numerous times; one for attempted murder via strangulation. This person is now trying to work the system by selling drugs. I used to be pretty close to this person, therefore I am well versed in his entire bank-fraud scheme, but we have since drifted apart, I would like to make sure justice is served. Who would be the person to contact in regards to this? (The bank was TDBankNorth, thus I would assume a forensic accountant at this location.)

Update: Thanks for the help everyone. All very useful.

Answer: If you suspect a crime has been committed you can report it to the police. Then your conscious will be clear.


Title: My employer is not paying me the legal federal reimbursement rate for mileage. What can I do?

Question: I've started logging my miles and I found out that my employer is paying me less than half of the reimbursement rate I am owed under federal law. What can I do?

Answer:
 In general, you can file the unrembursed mileage as an itemized deduction on your tax return.

There are a few jurisdictions (California for one) that require an employer to reimburse employees for any expense they occur, but you would have to argue that your actual out-of-pocket is more than what they reimbursed you for.


Title: Brother in law's ex wife accused him of molesting his daughter and he now has a quarter million dollar bail. Need help!

Question: The ex wife is a crazy woman who's always asking for more money and would do claims like this out of pure evil. Even though it may sound weird to some of you because of the culture it is normal in Latin culture to take showers with their sons until around 10 years of age. Brother in law does this with the daughter and the wife is claiming that te touching occurs during this time. So last night he got arrested, bail is ser at a quarter million dollars and we don't know what to do. Is the voice of a woman about a guy touching a little girl and we all know how this cases go. I don't want this one to go bad being this is my brother in law and I know he wouldn't dare to do something like that. What things should I prepare and what are some things you guys recommend?

Answer:
 > we all know how this cases go.

No. We don't.

He needs an attorney. And you prepare to shut up about everything. You know exactly zero about what happened, what is accused, and what is going to happen. You don't get a (quarter of a) million dollar bail on a hunch. They have solid evidence. Answer #2: >it is normal in Latin culture to take showers with their sons until around 10 years of age.

1) 10 years?  That's [far in excess](http://juconicomparte.org/recursos/Cultural_Diversity_and_Sexual_Abuse_Prevention_uuh9.pdf) of what's been reported.

2) Regardless, in the US, "Latino culture" is not a defense to child abuse.


Title: Why is it illegal to discriminate against a woman for being pregnant when considering her for employment but then the employer can legally fire her when she takes time off for maternity. Do I have this right?

Question:
FMLA job protection only covers employees who have worked for a company for over 12 months which means if you are pregnant when you get hired you certainly won't have been there for that long when you give birth. Are there any protection for new mothers from job loss in these situations? My wife is considering a job right now in Texas and also another in California. I know California has better protections but it still seems like the employer could let her go in both states during her maternity leave.

edit: my pregnant wife

Answer: Because she's not getting fired for being pregnant she's being fired for missing work. They same way you can get fired from work if you come down with an illness that keeps you out of work and you're not covered by FMLA.


Title: Neighbor is trapping people's pets

Question: Our cat was missing for almost 3 days and finally turned up in the animal shelter after calling around. They told us that someone caught it in a trap and animal control came and picked it up. Turns out a neighbor a couple houses down have a live baited trap on their front porch that is just catching people's cats. Technically speaking our outdoor cat is breaking the rules leaving the property but it was raised to be able to wonder around in a different town. I am in shock that this is allowed and was wondering what I can do about it. We are seriously considering moving because some psychopath likes to catch people's pets in a very suburban neighborhood. This all is happening in Bozeman Montana and [here](http://weblink.bozeman.net/WebLink8/Browse.aspx?startid=26) is a link to the local animal control documents.

Answer:
 Some town prohibit catching animals-at-large but the vast majority don't. Hell, my city not only permits trapping but encourages it and loans out traps to allow people to do it (there is a waitlist for the loaner traps because they are so popular).

Re-read your own post - you acknowledge that you are breaking the law by allowing your cat to roam ( there is no "technically" breaking the law - you either are or you are not) so... what is with the concern over whether someone else is following the law when you seem to have little interest in doing so yourself?

And why is it so weird that people would do something like this because they don't like other people's pets tearing up or shitting in their yards or gardens?  It's incredibly selfish to think your concerns are the only ones that matter here and the fact that you think it appropriate to ignore the law but call someone who is just taking wandering pets to the shelter a "psychopath" is just... astounding.  If you were talking about someone cutting off the heads of cats and wearing their skins, I would be a bit more sympathetic to your choice of nomenclature, but using that word for the circumstances you describe is just ridiculous.Answer #2: If your cat is roaming their property then there is unlikely to be any issue with this. Your responsible to maintain control over your pets and not expect other people to tolerate them wondering around like tiny wild animalsAnswer #3: In all fairness, don't let your pet go on other people's property. I love, love my 3 babies so much they stay indoors, where it's safe.


Title: Neighbors unlawfully cut down my grandmother's tree.

Question:
My grandmother's neighbors cut down a tree in her backyard the other day. They did not ask her permission, and when approached about it all they had to say was a halfhearted "sorry." It would've been fine had they just cut down the few branches that were near their property, but the destroyed the entire tree. My grandmother is extremely upset, as she used to pick the blackberries from the tree and eat them, bake with them, etc. Now all that's left is an unsightly stump in her backyard. How should we approach this?

The location is Yonkers, NY, United States

EDIT: It's actually a black mulberry tree. Also it was over 100 years old.

UPDATE 4/19/15: Thanks for all of the helpful advice guys and gals! Definitely putting us in the right direction here. My grandmother doesn't want any problems with the neighbors, and doesn't want to sue. I'm urging her to because she is very upset and so is the rest of the family. For me, this isn't even about money or the value of the tree. These people went behind our backs and destroyed our property and history and there is no way to get it back. I just want them to realize that there are consequences to their actions, and that they infringed on our "American Dream" of life, liberty, property, and all of that rigamarole. I'll keep y'all posted as this develops.

Update 7/10/15: Sorry if I kept anyone waiting here. My grandmother has decided not to take any action. The situation would be too stressful and tumultuous to bother with. An offshoot of the mulberry tree actually sprouted some berries this summer (though an extremely small amount compared to what we'd usually get.) My grandmother is also incredibly old fashioned and believes that there should be no conflict between neighbors (despite the fact that these neighbors have only been in the hood for 2 or three years and we've never even spoken to them.) I was pretty adamant about taking legal action at first too, but after some time to cool down, I'm able to forgive them. Karma is karma after all.

Answer:
 What kind of tree was it, and how much would it be to replace it? If it was a mature tree, it could cost tens of thousands.

Anyway, here is a relevant New York statute, [N.Y. RPA. LAW § 861 : NY Code - Section 861: Action for cutting, removing, injuring or destroying trees or timber, and damaging lands thereon - See more at: http://codes.lp.findlaw.com/nycode/RPA/8/861#sthash.IwiB1yD6.dpuf](http://codes.lp.findlaw.com/nycode/RPA/8/861).Answer #2: get an estimate on the cost to replace the tree then decide if it's worth suing.

tree cases can be very high dollar amounts because the cost to replace a mature tree is absolutely enormous. Answer #3: This occurred entirely on the other side of the country from you, but /r/legaladvice has actually seen a fairly similar case of assholes cutting down someone else's valuable trees, and you might be interested in it as a comparison: here's their [first post](http://www.reddit.com/r/legaladvice/comments/2ez045/my_hedges_were_cut_down_by_neighboring_property/), and the [happy resolution](http://www.reddit.com/r/legaladvice/comments/2sm4mj/update_remember_my_jerk_neighbor_who_razed_my/).

IANAL, but based on the general idea depicted in that thread that trees gain value as they grow, and your grandma's tree was a *century old*... Those assholes made a mistake that will end up being really, really expensive for them.

Bleed 'em dry! ^(And ^then ^post ^an ^update!)Answer #4: Blackberries don't grow on trees. Answer #5: OP, please give us an update when you can - I'm eager to hear how this plays out, and I'm sure I'm not alone.Answer #6: MSpaint drawing of the trees location in the backyard?

I had a similar issue with a neighbor but it was one where they wanted me to cut down their tree on their property and claimed it was mine.

I refused and they called code enforcement on me and they sided with me.


Title: [META] Why do OPs get so heavily downvoted when they respond to comments in the thread, even when they're not saying anything ridiculous?

Answer:
 Ugh, yes, it's so annoying. Upvote doesn't mean like and downvote doesn't mean dislike. They mean relevant and irrelevant. I'd say 99.9% of comments by OP would be considered relevant and thus should be upvoted.

However, everyone seems to use them as like/dislike and there's not much we can do about it other than frequent PSAs, or maybe change Reddit such that a person must state why they think a post is irrelevant before downvoting it.


Title: Customer tripped and hurt herself, are we liable?

Question: My family owns a nail salon. We had a customer who came in to get a pedicure and she tripped and hit her head on the floor after her pedicure was finished. There is a step that leads up to the platform where the pedicure chairs are so she will have to take the same step down to get off. The pedicure process involves wiping her feet with a towel after everything is done so her feet are dried and customers usually leave after waiting for their polish to dry. We are assuming she forgot about the step going down so she tripped from the step ledge because there was no water on the floor to make her trip. She was taken to the E.R. by a nurse who happened to be there. The customer at first was adamant about not going to the E.R. but we eventually convinced her and took her to the emergency center. Is it possible that she will take legal action against us and what should we do to prepare for it?

Answer:
 >Is it possible that she will take legal action against us and what should we do to prepare for it?

It's always possible for someone to take legal action.  Whether or not they might prevail in that action is another question.  In this case it sounds like there is a greater than zero chance your shop has liability for the injury.

>what should we do to prepare for it?

Notify your insurer of the event.


Title: Avoiding Adverse Possession and Easements [BC - Canada]

Question:
Hi /r/legaladvice,

I live in an area which contains several houses with legal suites. I live in the upstairs with a driveway going on a main road, and my tenant's driveway is in the back going on an alleyway. I am at the end of the alleyway, and there is a section of my property with an easement for the alleyway.

Recently, I've moved my grandmother into my suite. She is very old and needs help daily and someone watching over her, but she is independent enough that she wants to live by herself and cook for herself. She does not drive and does not use her driveway. It is only used when people visit her.

Since my grandmother moved in, new tenants have moved into the house behind me. I noticed their first day they had about 6 vehicles back there with 4 parked on my property and were hanging out with I assume friends. I wish they asked, but I didn't think it would be a big deal.

I've now realized they hang out pretty much every day and regularly have 3 vehicles park on my property. I've contacted the owners, and they've basically brushed me off. With my grandmother using the suite, she doesn't need to use the driveway, so it hasn't been a major concern.

I've tried to draw the situation here: http://imgur.com/a/tTl3g

I have an odd property shape, but I do have the documents to show the tenants or owners it is my property, and it is not the alleyway.

Do I need to do anything to ensure I don't lose ownership of that part of my property? Do I need to have a written contract if I were to allow them to continue? Would it just be a renters agreement, or would calling that part of my property rental parking of some sort just muddy the waters by causing other legal logic to apply.

Thanks for any assistance!

Answer:
 http://jalopnik.com/canadian-now-legally-owns-parking-space-just-because-sh-1794128721

I would not let someone else park on my property. See the case above. Perhaps you should consult a lawyer and draw up a rental contract. I would.


Title: Is it legal for a doctor be friends with their patients on facebook?

Answer: Umm...Yeah. Weird? sure. Possibly unethical. Illegal? Nope.


Title: How much access to my medical records does the clinic receptionist have?

Question:
Edited to add location

If there is a better sub to post this in, please let me know.

I love my doctor and clinic, but at my son's last appointment I found out an old co-worker of mine works as a receptionist there. I'm concerned as to how much access she has to my records, there have been some incredibly embarrassing things happen to me health wise that I know are on file (I saw it in my physical paper file at a previous doctor, obviously upset it was out in the open to be seen)

I know this woman is a bad gossip and she would mouth off right away about this info. In that case I will have to switch clinics and have my files moved. I would love to know so I can act as soon as possible. This is in Saskatchewan, Canada.

Answer:
 Legally speaking, she would have full access.  Whether she actually exercises it is a different story, but as an employee it's an easy justification.

You can certainly call your clinic and express your concerns, but you can't pre-emptively do anything.  Frankly, even if you could, if it's this much of a worry for you then you'll just want to switch clinics.Answer #2: As someone who was a receptionist at a health care clinic for a while I will tell you she will have full access.  Generally part of her duties will be to pull all of the patient files every morning so they're ready for appointments.  If you have a concern you should talk to the office manager.  But even if you switch clinics, the original one will still have a copy of your files.Answer #3: HIPAA prohibits accessing protected health information outside of the scope of the person's job duties. As a receptionist, she likely can access your records, BUT that does not automatically authorize her to view them, especially your history. If her assignment is to simply pull your chart off the shelf and print off a new insurance information form, she has no right to actually view your PHI. If you aren't a patient that day and she has no job duties related to your health information, she has NO right to access any of your information.


Title: Was Yelp ever legally proven to be extorting business owners by posting negative reviews?

Question:
Hey I don't know if this fits here but I've been mulling it over all day. Yelp has been sued more then once by business owners saying that after they refused to pay for advertisements, all of their positive reviews were pushed down and only negative ones were shown on thier businesses Yelp pages, and that it hurt thier businesses. But none of the suits I found went anywhere, and I haven't been able to find any actual evidence that would prove this one way or another.

  Nobody has any recorded correspondence with Yelp representatives calling or emailing about advertisements. Nobody has any screenshots for example of thier businesses Yelp page before and after they turned down the advertising. It all seems to be claims from word of mouth. I have seen the argument that lawsuit filers were told "Yelp might be doing this but it's not technically illegal"

  Obviously if it is true, it's horrible and debilitating to fair business practice. But to play the devils advocate.

  Who's to say the POV of the screwed over businesses isn't that they have many negative reviews from thier business practices, maybe not enough positive ones and want a way to change that? Or that it's a combination of a bad filtration system and not enough reviews to sustain a good online reputation?

  My question is, was there ever a suit that proved Yelp pulled this, or are they getting away with it because it isn't technically illegal?

Answer:
 My understanding is the suits that are filed have all settled out or been dismissed or gone away in some other way so there isn't a definitive the-evidence-shows-yes or the-evidence-shows-no judgement.

Obviously things can be true without being proven in court or untrue without losing in court so currently I think I'd need to know more.


Title: [FL] My mother took my cats because I couldn't take care of them, now caused damage to her roommates house. Am I responsible?

Question:
The agreement that is if the cats were too much to handle that I could take them to a shelter but she insisted she could do it. They tore up her roommates screen porch and now they are threatening me with legal action because I "dumped" the cats on her. Am I at all responsible for damages?
Topic:
Other Civil Matters

Answer: (NAL)  You are not legally  responsible and it sounds like she's being a jerk about it but if someone was doing me that kind of favor after I couldn't be a good pet parent I would just pay for the screen. It can't be that much and it's something in the way of gratitude. That's just my 2 cents though.


Title: I heard this somewhere, is it true?

Question: If you are attacked by another person and your life is not in immediate danager, but your attacker out-weighs you by at least 100lbs, you can kill them legally (more or less). I live in Indiana

Answer: No.


Title: Pulled over for running a stop sign, my dash cam proved my innocence. What do I do with the footage?

Question: [Portsmouth, Virginia] As the title states, I was pulled over for the first time with the officer citing failure to yield at an intersection with a stop sign. After pulling the card in my dash cam and checking, it's very clear I came to a stop at the intersection on my citation. I've never been summoned to court, so I don't know what to do with this evidence. Do I give it to a lawyer? Won't I have to pay legal fees or something?

Answer:
 Some places have court dates on the ticket.  Others have you call or log in to receive your court date.  Others mail you the information (if you didn't receive the ticket at the time of being pulled over).

Go to court on your day, plead not guilty, and argue your innocence, providing your dash cam footage as evidence.  The judge will look at it and make a decision.

Some places make you pay a small court fee regardless of outcome.Answer #2: As someone already said, failure to yield is different than failure to stop.Answer #3: Is a ticket for failing to yield different from a ticket for failing to stop?


Title: (Victoria, Australia) A plumber charged $1300 for a very simple task (replacing a clamp) and it hasn't even solved the problem. What can we do to get our money back, or get it fixed?

Question:
So I don't have all the details yet, since my parents are too busy blaming each other to be coherent, but here's the information I have:

-We've been having issues with our plumbing; the washing machine and dishwasher have both been causing massive water leakage when used

-We told our insurance company, and they sent a dude to assess it

-He had a tradesman set up large fans to try and dry the area to the point where it can be repaired, since right now the wall and skirting board are too full of water to have repairs done on them

-Fans didn't really work, and made a really annoying sound, but finally it was at the point where the appliances could be worked on

-I go to work

Here's where the details get sketchy:

-Plumber is called round to fix the issue, and was scheduled a few days in advance

-He charges $1300 to correct the issue, which turns out to be adjusting a clamp of some sort (basic stuff we could have done ourselves. $1300 is an outrageous price for that)

-THere is water everywhere; he wasn't very clean. It's in some of the carpet too, and the wall

-The pressure in our house's piping has been adjusted, so it splutters when we shower, and is very unreliable and weird sounding

-The toilet sounds like it's about to explode when flushed

-Mum and Dad are too busy having the emotional maturity of 9 year olds to try and give me proper details beyond this, but I'll ask tomorrow

So, let's operate under the assumption that we were:

1) Charged a ridiculous price for something that was not particularly difficult. Is there any way we can regain some of the money? Some sort of cap on what Plumbers can charge for very basic services?

2) Some way to regain the money if the issue isn't fixed at all, or there is damage to our house's plumbing?

I guess I need a list of options that I have for the time being.

Also, before anybody asks, /r/auslegal doesn't have a huge user base; I'm not confident they can help me.

Thanks in advance!

Answer:
 Sounds like the $1300 was not just for the clamp, but for adjusting the water pressure, fixing the appliances, and troubleshooting what may have been wrong with the plumbing that caused the leak in the first place. It may have been $1.30 for the clamp, but $1,290.70 for knowing where to put it and how to make sure it doesn't leak.

Do they still leak?