Title: Car Dealer Fraud~Help

Question: I purchased a 2013 Honda CRV-EXL in May of 2017 from a well known used car dealer.  The dealer provided a clean Carfax and they state they do not sell any wrecked vehicles, no matter how minor and that the cars undergo a rigorous inspection process.  Flash forward to Feb 2019, I am hit in the front driver side by a car making a left across 2 lanes of traffic.  Accident does $6000+ damage to car.  I have it fixed and am going to file a diminished value claim against the insurance company.  Send my car info to a licensed car appraiser for the initial estimate of the diminished value.   Get back the answer, can't help you, the car was a prior total loss in 2015.  I respond, you have the wrong car, this car has never been in an accident.  Well, turns out he didn't have the wrong car.  The Carfax now shows a total loss accident in Dec. of 2015!  WTF???  I would have NEVER bought this car especially for $20000 with that history!  (I still have the original Carfax, showing no accidents) I called the dealer.  CS says "this isn't the first time this has happened with Carfax."  So, basically I am waiting to hear back from them, it had to go to the legal dept.  My question is, what am I entitled to?  Give the car back and they refund my money?  I just put brand new tires on it in January.  Give the car back and get another 4 year old car from them?  Keep the car and get a percentage back?  IDK.  I am in NC and I have Googled and it looks like if it were to go to court I would be able to get "treble" damages of 3X the amount awarded in court.  Any advice?

Answer: You have no claim against the dealer if they legitimately did not know. It sounds like they didn't. You might see if you qualify under this, https://www.carfax.com/manifest/bbg/termsConditions.cfx


Title: Cops lied and my dad got two felonies.

Question:
So my dad ran out of noodles when he was making spaghetti, so he was gonna run up to the store while it was still cooking so he wouldn't be late for his party.  Well when he was leaving the store, in the parking lot, he got rear ended and hit the car in front of him.  All three people had no injuries and not much damage to the cars [under $1000 each]. They didn't know what to do so they called the police, AMD after waiting for 35 minutes my dad exchanged information, changed his front tire, waited another 15 minutes. Now by this time over an hour had past and my dad still had food on the stove. He has no renters insurance so he didn't want his house to burn down and lose literally EVERYTHING, so he made sure the two other people k ow he was coming back and he left.  He got home, turned off the stove, and by the time he was out the door again three police officers were at his door saying he was drunk(drinking but not legally drunk) and charged him with two counts to of felony hit and run.  While in court, both the officers and the other party lied about what happened and overeggagerated the situation, saying how he was rushing to get out of the situation as fast as he could, did not tell the other drivers he was leaving, he was so drunk he didn't know what time it was(he never knows what time and it was raining).  He was found guilty of two counts of felony hit and run with bodily injury(maybe not the exact name for it). He is going to be sentanced on Dec. 13th. He has attempted an appeal but has been out of work for a year do to an unrelated Injery, so it would need to be pro bono.  What can I do? Is there anything I can do?
Topic:
Traffic and Parking

Answer:
 A couple of thoughts.
To obtain an attorney to help with this appeal without the financial resources, he would need to convince an attorney to take the case pro-bono.  You could work through the VA Bar association for a referral, or contact the ACLU.

Now, let's be objectively honest here...  Attorneys typically take pro-bono cases they believe they can win.  There seem to be multiple witnesses who say your father broke some serious laws.  A court has already determined he is guilty of those crimes.  Let's assume for a second everything you said is 100% what happened, I think appealing this verdict would be an uphill battle.

And I think you also need to ask yourself whether the version of the story as relayed to you is 100% accurate.

&#x200B;Answer #2: Your father needs money for an attorney and professional help for his drinking problem.  He is highly unlikely to find anyone to take his case pro bono.Answer #3: He's already been convicted? Did he have an attorney?Answer #4: Does your dad have the other two drivers information to ask them for a testimony?


Title: Is it legal for my dorm to not have an elevator? (Texas)

Question:
I go to a smaller college, and my dorm is 2 floors and the only way to access the second floor is by using stairs. One of my friends has had prior health issues, and loves on the second floor. If he were to have to use a wheelchair again, he would have no way to get to his room. Is the lack of an elevator illegal due to the ADA or another law?
Topic:
Disability Issues

Answer:
 The ADA only requires that reasonable accommodations be made. Retrofitting an elevator into an existing building is generally not a reasonable accommodation.

If he were to become unable to get up stairs, they would likely be required to offer him a first floor room to move into.


Title: (VA) Was smoking weed with friends and the police came. Threatened to charge me for distribution unless I snitch on a dealer. I am 18.

Question: Im back from college for thanksgiving break so I went to hang out with some friends. We ended up deciding to pull some gbs in my friends car. We were on a street weve smoked on a lot before so we werent worried, but someone called the police. At this point we were freaking out because we were pretty high, I had brought all the weed and smoked them up for free. They searched the car and found only what I had which was about a gram left over. The police talked to me and said because I brought the weed and gave it to everyone to smoke, even though no one payed me, they could charge me with distribution, and because one of my friends is not 18, also distribution to a minor. A cop gave me his number and gave me until thanskgiving to call him to snitch on someone, and then they let us all go. The way he phrased it was if I dont call they would come arrest me. Can they actually charge me still, what do I need to worry about, and what should I do?

Answer:
 >Can they actually charge me still

Yup.

You should engage the services of a criminal defense attorney.


Title: Wrongfully terminated for theft- what do we do?

Question:
My husband and I live in Nevada, if that's useful info at all to know.

My husband has worked for a sales company since April of this year.

Yesterday one of the company's third party contractors awarded 5 employees with rather expensive gifts as a result of selling the most of their product this quarter. When my husband received his gift from the vendor, the vendor told him that in previous times when he's given out the gifts, coworkers have turned on one another and became quite hostile, so he recommended that my husband not tell anyone about the gift.

As suspected, coworkers became catty and rude towards one another when they found out some of the employees got gifts. My husband chose to not disclose his gift, even to his immediate supervisor, who was probably the worst of the bunch.

Now, today, he was fired. They told him that they had proof he "stole" because he was seen on the camera accepting the gift from the contractor and he did not disclose it to them. My husband has a copy of the policy manual and it does not state anywhere in it that he must disclose gifts from contractors. They told him he could bring back them the item and they'd consider rehiring him, but further into the conversation they stated they weren't willing to rehire him at all, yet they still want him to bring back the gift, even though they weren't the ones to give it to him. They threatened to contact police and have him arrested if he doesn't bring it back by next week.

My husband just wants his job back. He didn't want the item in the first place, as we have no need for it, so when they offered for him to bring it back in exchange for his job, he agreed. Now they aren't willing.

My husband is at a loss. I am not currently working due to a disability, and we've run up all our credit cards just trying to survive until I'm able to get back to work. And now this. We will surely be homeless by next month as a result of this, and neither of us know what to do.

We know even if he files for unemployment, they'll fight it. We don't know whether to return the gift or not because it didn't belong to them in the first place, but we also don't want to risk him being arrested either.

Answer: That's not wrongful termination and your husband has no way to force them to rehire him.


Title: (Ohio) Ex-gf threatened to not let me see my daughter unless I drop a case against her felony-sentenced boyfriend.

Question:
I'm in a bit of a bind here, I feel like my ex (broke up in feb) is reneging on everything we agreed upon. Verbally and in texts we have agreed to shared custody. Got along great as parents, alternated weekends with weekdays being worked out before the week starts. She's a good mother but let's people meet her kids too quickly, myself included as I raised our daughter and her son (from prev relationship) for almost 2 years.

The trouble begins where I hear rumblings of her seeing someone new months ago. She denied it. Month ago she denied they were anything but "talking". Yesterday I find out his name on Facebook as they are now official. I'm immediately bombarded with texts and messages from people that know her new boyfriend.

He just served 18 months in prison, previous charges on possession of marijuanna, x2 disorderly conduct, x2 domestic violence, driving under suspension, x2 trespassing and burglary, and to top it off abduction. He is still on probation. I do not feel that my daughter is safe around this kind of person but my ex was aware of most of his past and his it from me.

She has now told me in texts that she will keep my daughter from me because she fears that I will keep her and never return her. I never once said or hinted at that verbally or in texts. I record all of our phone calls just in case. She also has refused steadfastly for months to keep our agreement between us without the courts involved as it "works for the best." Even though I feel that I'm her babysitter when she works (a lot) as she expects her on her days off.

So I'm asking what are my legal options? I have news articles about him. Court records. Court dockets. Background check. But she says he's a good person now. I can't trust that. So I am gathering info and plan to file something to keep my daughter from him but unsure of what. She heard of this, then threatened that among slapping child support on me.

Should I call child protective services? File injunction? I do NOT want to try to take custody from her, especially since Ohio laws on fathers rights are archaic. She's a good mother, just stupid and uneducated.

What should I do if she keeps avoiding court on shared custody ? Thank you everyone.

I'm at work and will try and reply quickly.

Answer:
 Since she's no longer cooperating with shared custody/visitation, you need to get a lawyer and go to court and get a court order for a custody arrangement. Then she has to follow the schedule or be held in contempt.Answer #2: >Should I call child protective services? File injunction? I do NOT want to try to take custody from her, especially since Ohio laws on fathers rights are archaic. She's a good mother, just stupid and uneducated.

If she refuses to play ball, all you've got is to take her to court. You said it yourself:

>I feel like my ex (broke up in feb) is reneging on everything we agreed upon. Verbally and in texts we have agreed to shared custody.

If she won't go along with an agreement without the court, then the court will have to step in to sort this out.

As for CPS, unless there are certain probation restrictions preventing this new BF from being near kids or your ex, then it's all legal. He just needs to follow the rules laid out by his PO. It's not child abuse to have a record.


Title: [MD] Landlord is trying to make us pay 2 months extra rent for not providing two month written notice of leaving... on a 3 month lease

Question: Me and a roommate rented an apartment for 3 months from a company in Maryland for an internship. Part of their lease states that if not provided with a 60 day written notice, the lease then automatically becomes a month-to-month lease until two months have passed (will paste relevant portion of lease below). We were very explicit throughout the entire process saying that we needed a 3 month lease for an internship, and would be moving out at the end of the 3 months, but unfortunately, we sent no emails and they claim we never gave them that information in writing. Is there anything we can do to avoid paying the nearly $4000 extra?

Answer:
 >Part of their lease states that if not provided with a 60 day written notice

Then you need to give a 60 day notice. If you didn't you'll have to pay out the 60 days. Answer #2: OP, did you ever send an email stating that you only need the apartment for 3 months? Even before the contract was signed?


Title: [USA/NC] Partially Deaf After Hospital Prescribed Wrong Medication

Question:
Hi there. In October, after complaining about minor hearing loss, I was diagnosed in the emergency room with a ruptured ear drum. The doctor prescribed some drops and told me to use them every day for a week.

After using them for three days, my hearing was not only worse but I was experiencing excruciating pain. I decided to look up the medication to see if that was a common side effect. In big, bold letters in a PDF of the pamphlet for the drops that I found, it said: NOT TO BE USED WITH A RUPTURED EARDRUM. MAY CAUSE PERMANENT HEARING LOSS.

I called the hospital to see if maybe they could put me in touch with the doctor who prescribed them to see why they would have done such a thing. They wouldn't put me through and told me if I had concerns, to come down to the ER to be treated again.

It is now over 6 months later and my hearing has not improved. The pain has subsided, but I'm constantly disoriented, experiencing dizziness, vertigo and I have trouble determining where things are in space if I close my eyes.

I called a couple malpractice lawyers in my state but didn't get a return phone call.

My question is, is this grounds for a malpractice suit?

Also, what steps should I take next? Is there something that I'm not doing that would influence a lawyer to hear/take my case?

Thanks for reading.

Topic:
Medicine and Malpractice

Answer:
 IANAL but: Medical malpractice is extremely fact-specific, you will most definitely need an attorney for this. Gather your records and consult one.

On a personal level, I'm sorry this happened to you. As a fellow musician, I understand the need to hear well. :/Answer #2: Did you seek treatment from someone else?


Title: [US-TX] 1099 Contractor terminated without explanation, 30 Days Notice required.

Question:
I have been in this contract for 15 months (two 12-month contracts back to back).  Friday, I was told that the company was terminating my contract, effective immediately.  I have received no feedback other than "it wasn't a good fit."

Here is the entire contract.  If I had been provided proper notice (Section 3), I would be able to find another job within the time frame.  However, this is not the case and now I am out, with what little savings I actually built up (which was in order to pay my taxes).  Do I have a case for breach of contract?

> 1. DESCRIPTION OF SERVICES. Beginning on [DATE], Contractor will provide the following services (collectively, the "Services"): Data Analysis
> 2. PAYMENT FOR SERVICES. Company will pay compensation to Contractor for the Services. Payments will be made as follows:
>
>  $XX.XX per hour of work performed up to 40 hours per week. Each additional hour beyond 40 hours per week will be paid at $XX.XX per hour.
>
>  No other fees and/or expenses will be paid to Contractor, unless such fees and/or expenses have been approved in advance by the appropriate Company executive in writing. Contractor shall be solely responsible for any and all taxes, Social Security contributions or payments, disability insurance, unemployment taxes, and other payroll type taxes applicable to such compensation.
>
> 3. TERM/TERMINATION. This Agreement may be terminated by either party upon 30 days' written notice to the other party.
>
> 4. RELATIONSHIP OF PARTIES. It is understood by the parties that Contractor is an independent contractor with respect to Company, and not an employee of the Company. Company will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Contractor.
>
> 5. CONFIDENTIALITY. Contractor may have had access to proprietary, private and/or otherwise confidential information ("Confidential Information") of the Company. Confidential Information shall mean all non-public information which constitutes, relates or refers to the operation of the business of the Company, including without limitation, all financial, investment, operational, personnel, sales, marketing, managerial and statistical information of the Company, and any and all trade secrets, customer lists, or pricing information of the Company. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential. Contractor will not at any time or in any manner, either directly or indirectly, use for the personal benefit of the Contractor, or divulge, disclose, or communicate in any manner any Confidential Information. Contractor will protect such information and treat the Confidential Information as strictly confidential. This provision shall continue to be effective after the termination of this Agreement.
>
> 6. NO RIGHT TO ACT AS AGENT. An "employer-employee" or "principal-agent" relationship is not created merely because (1) the Company has or retains the right to supervise or inspect the work as it progresses in order to ensure compliance with the terms of the contract or (2) the Company has or retains the right to stop work done improperly. The Contractor has no right to act as an agent for the Company and has an obligation to notify any involved parties that it is not an agent of the Company.
>
> 7. ENTIRE AGREEMENT. This Agreement constitutes the entire contract between the parties. All terms and conditions contained in any other writings previously executed by the parties regarding the matters contemplated herein shall be deemed to be merged herein and superseded hereby. No modification of this Agreement shall be deemed effective unless in writing and signed by the parties hereto.
>
> 8. WAIVER OF BREACH. The waiver by Company of a breach of any provision of this Agreement by Contractor shall not operate or be construed as a waiver of any subsequent breach by Contractor.
>
> 9. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
>
> 10. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Texas.
Topic:
Employment Law

Answer:
 That would be tough because the agreement you have needs 30 days to be terminated, but it doesn't say that you receive payment for work you didn't perform.  Says you get paid at X amount of dollars per hour worked.  So if they're halting your work, you don't get paid.  Says in the agreement your work can be halted at any time.

They don't owe you feedback.  They're not your boss, they're your client.  Your clients and customers can choose to not do business with you just like I can choose to go to Chevron and not Shell and I don't need to explain to Shell why I use the Chevron station instead.

What I'm more concerned about is if you were improperly classified as self-employed.  You speak like you had a boss and an employer and not as a self-employed person.


Title: Trying to help a coworker but I don’t know if I should [GA]

Question:
        I agreed to give my coworker a ride to bond her husband out of jail. I figured I would just drive her wherever she needed to go and I could just stay in the car and wait for her to do her business and that would be the end of it. Well, she just informed me that he’s in jail for domestic violence charges against her and there is a “no-contact order” in place, and I have to give the money to the bail bondsman for her and maybe sign something.
     I don’t really want to do that because I feel like that puts me on the hook for something legally. Is there any way she can do it herself? Or is there a way to get the “no-contact order” lifted?

Answer: No please stay out of this drama.


Title: DC & VA - Hospitalized due to several restaurants' carelessness, what can I do?

Question:
I have food allergies to gluten and all nuts.  I am generally careful but sometimes restaurants are not careful enough or shit just happens.  I live in DC and have on several occasions been sent to the ER due to this sort of situation coming up.  I don't know what I can do, legally? What should I do?  Can I sue for damages? Attempted murder implies premeditation and intent I guess (I am kidding about considering the murder thing).  The sort of reaction I experience is anaphylactic in nature.  This means that my airways begins to swell shut, I experience hives, severe abdominal pain, and extreme panic because...well...I'm literally dying.  It is traumatic every time, and it requires immediate treatment and a week long course of medication after the fact.  So, those are the medical specifics.

Situational specifics.
Originally there was a circumstance in which I was eating food that I had specifically been told, assured ever, was safe for me (as it is actually not that difficult to make food that won't kill me, and good resultants know this).  The same person who told me it was safe came out of the kitchen minutes later and told me it was not safe, there had been a problem, took the food, and asked what he could do.  I asked him to call an ambulance.  He left and returned 5 minutes later and again 10 minutes later asking again if the ambulance was still necessary.  The call was finally made and I was taken to the ER.

On the second occasion I was at a very fancy restaurant in the city.  I had eaten at this place a number of times before also.  I had a dish brought out with assurance of safety, moments later (this time before I could eat it) had the dish taken away and a new one brought out (with assurance again).  Ironically this second dish is what killed me.  We payed, left, and immediately drove to the ER.  This reaction was bad and I disrupted an entire ER by taking up all of the staff for at least 20 minutes before they could safely leave me alone with my medication.

Lastly, there was a restaurant in Northern Virginia at which I was eating breakfast.  Finished the food and immediately knew, as I generally do, that I was going down.  So I self administered my emergency medication and drove myself to the ER.  This one was not the worst I have had, because of my quick reaction time and immediate attenuation at the ER, but still, I was assured -- beyond a doubt, they were adamant about this being safe for me -- and still I began to make my way quickly towards anaphylactic shock and probable death.

So, again, the question is: what can I do?  I understand that I have a condition that requires special circumstances and generally special attention but I believe that I deserve to not have to feel as though I am going to die every time I go out to eat, especially when I am told that it will be safe.  I don't know what I am able to make a play for? What could I do?  Thank you for your time and feedback.
Topic:
Medicine and Malpractice

Answer:
 How would suing a restaurant make things better? In all of these cases, the food may have been prepared without the allergens but may have been accidentally contaminated by a utensil or even flour/nut dust in the air. Just the fact that restaurants have brought you new dishes on occasion tells me that they are making an effort to accommodate you.

I don't know if you call in advance before you go out to see if it's possible to make an accommodation and/or talk to the chef personally when you arrive and discuss the severity of your allergy.Answer #2: ...Have you considered only preparing your own meals and not eating out anymore, considering this keeps happening to you? Yeah, it's unfair and inconvenient, but that's life. If you buy a bag on M&M's at the store and look on the back, you'll see shit like "This product prepared in a plant that also handles nuts and gluten." It's hard to 100% prevent cross-contamination, and you should really be taking some responsibility and handing your own food prep, for your own safety.


Title: Apartment Complex Splits Utilities Equally so I am getting WAY Overcharged

Question:
Hello!
I (22F) am a current law student so something about this just felt off to me. I had an apartment at school (Virginia) but since moving online I went home. My roommate did the same and since we weren’t renewing our lease, we both completely moved out. But we still had 2 months left on our lease so we continued to pay rent/utilities. We ended up getting a bill for the final 2 months of utilities and it was $177.41 - FOR 2 MONTHS WITH NO ONE THERE. Our bills were typically 50-70 a month when we were there.... so I did some research and found that the complex equally splits bills between each apartment per building, so I’m paying as much as the neighboring apartment regardless of use. I called the apartment and asked them about this and they said they split the bills based on square footage. Our lease does not say anything about this. I’m very angry and know I have spent money on utilities I did not use. Any advice? Is this even legal?

Edit: Added Location to post (VA)

Answer:
 OP, Ratio Utility Billing (RUBs) is a common method of billing back the cost of utilities to tenants when the property you're renting from has one meter for the entire property (as opposed to unit-specific meters). In the locations where RUBs is legally allowed per state or county law, there are sometimes specific requirements on how the calculation has to be done.

I would google \[Your location name\] + utility billing laws and put your law research training to use :) to make sure your landlord is following local law.

I would bet that they are following the applicable local law (if one exists) for utility billing and your lease obligates you to pay the utility bill even if you're not living there.


Title: I was filmed without my knowledge or consent by a hospital worker during a drug induced psychosis [MI]

Question:
I'm going to keep this intentionally on the vague side for fear of being identified. I was transported to a hospital in Michigan by police for mental health reasons. I was very agitated and placed in restraints. This upset me more so they gave me a shot in my ass. Okay, this is all well and good. The sedative medication they gave me induced a brief psychosis that made me unaware of my surroundings, how I got there, who I was etc. I had both auditory and visual hallucinations which made me say some admittedly pretty hilarious things in hindsight.

Anyway, my sitter recorded some of this and now I have learned I am somewhat of a meme among medical professionals in my area. I know this because a childhood friend of my boyfriend is a nurse in the surrounding area and told him about it.

I am humiliated. This definitely can't be legal, right?

Answer: It may be a HIPAA violation (probably is). But you'll need to file a complaint: start with the hospital.Answer #2: Sounds like a HIPAA violation. [File a complaint with the Office of Civil Rights](https://www.hhs.gov/hipaa/filing-a-complaint/index.html).


Title: Landlord raised rent again just before the 'winter months clause'. According to our lease we are not allowed to move-out between November 1st and April 30th. Help.

Question:
As the title describes, we are currently in a month-to-month with a landlord in Minnesota. He has increased our rent three times within the past two years and we're sick of it. But since this lease states that we agreed to not move out during the winter months in addition to the required 60 day notice, we appear to be stuck. This seems really underhanded to me, as he seems to be methodical with his rent hikes so we're stuck paying them without the option to move out until the Spring.

I know next to nothing about tenant rights. The original agreement was dated from April 5th, 2014 to August 30th, 2014. We have not signed any other lease agreements with this landlord, so I am assuming that even though the agreement is expired we are still obligated to adhere to whatever the lease says.

Please, if anyone has any guidance or insight that they can share to help us gain a better understanding of our situation I would be very appreciative.

Edit: For clarification, here is a section of our lease:

26. Holdover by Lessee. Should Lessee remain in possession of the demised premises with the consent of Lessor after the natural expiration of this lease, a new month-to-month tenancy shall be created between Lessor and Lessee, which shall be subject to all the terms and conditions hereof but shall be terminated on 60 days' written notice served by either Lessor or Lessee on the other party.

Edit 2: I cannot find any section of the lease that covers increasing rent in the event that the lease expires and are subject to month-to-month. Would this lease still have any clout since the agreed upon sum has increased?

Answer:
 A few fundamentals of "month-to-month" renting:  1) The notification requirement for moving out is also the notification requirement for increasing rent.  This varies from state to state, but 30 days is the standard minimum, however you have verbiage in your lease that increases it to 60.  2) Any increase of rent can be rejected by the tenant by choosing to move out by giving proper notice.  3) The rent increase starts after the notification period. (60 days)

https://www.landlordology.com/minnesota-landlord-tenant-laws/

Minnesota actually fixes the "off by 1 bug" that most states have by requiring rent increase notice to be the period + 1 day.  This allows the tenant to give the landlord notice to quit the next day.

If he insists that you cannot move out during the winter, (and a judge for some reason agrees) then September 1st was his last opportunity to raise rent.  But I doubt a judge would agree.

Going forward:  1) You can give notice and move out.  If he takes you to court for leaving during the winter you will have to explain the absurdness.  2) You can stay and continue to pay the old rent.  If he starts eviction proceedings you will have to go to court and explain that the rent increase was illegal.Answer #2: Don't forget all the people telling you that you can *just move out* haven't read your lease nor are they going to defend you if you're sued by the landlord after moving out.  While it seems they're probably right, you should really have a lawyer read every word of your lease and advise you how to proceed.Answer #3: I don't have any experience with this org, but give them a try: https://homelinemn.org/


Title: Landlord won't let us see lease without lease application - lease application is binding

Question:
Bethesda Maryland, USA.

I'm looking at older, cheaper apartments close to the metro. I found an apartment that seems like it will work. However, the application states:

"Upon approval of this application, the applicant agrees to execute a lease before possession is given, and to pay any balance due on the security deposit and first month's rent within five (5) days after being notified of acceptance."

I asked to see the lease that I'd be required to sign on acceptance, and they won't show it to me.

Has anyone else seen this? Is it enforceable? Seems like the lease could include all sorts of shady or undesireable clauses, like requiring the tenant to pay the first X00 dollars of a repair bill.

Thank you.

Answer:
 It isn't binding.  Courts call these "agreements to agree", and don't uphold them.  Contracts have to have the substantial terms of the contract agreed to by both parties to be valid.  So saying "By signing this, you agree to a contract that you'll see later" doesn't make an enforceable contract.

Well, they do in some cases where the parties to a contract are hammering out small details.  But not letting you see the lease beforehand?  There's no way you'd be held to it.Answer #2: As others have said, this isn't binding.

I think it's just poor wording. Probably the intent is, "Once you're approved, you have five days to enter into a lease with us and if you don't, we can revoke your approval." Sloppy drafting.Answer #3: There are two things to consider here. The first, as others have stated, is that the application is unlikely to be binding. I say unlikely because depending on where you are, the "judge" at small claims court might not have even been to law school.

The second (related) point is that you can still get sued over breaching an invalid contract. "invalidity" is (generally) an affirmative defense, meaning it's your job to prove that the contract isn't valid. Even if landlord has to prove the contract is valid, you are still seriously inconvenienced.

My advice: do not contract with shady people. This guy might make a living baiting and switching lease applicants.  Who knows.  Also, why would you want someone like that as a landlord.  You know you are touching the tip of the iceberg here. Just find someone that isn't trying to screw you before you even see the lease

Edit:I am bad at typing.


Title: My vehicle was stolen from underground parking of my condo, do I have a case against property management?

Question:
Hello all, seeking some advice as to how to proceed and if I have a case against the property management company. For further context, I live in Ontario in Canada and recently moved into a newly built (still in construction) community where my condo is part of something like a triplex and all of the cars are parked communally underground in the lot, everyone has a designated spot.

My vehicle was stolen from the underground parking lot last night. Over the last few days, I noticed during the day (as I headed out to my late shift) they would keep the garage open for the construction workers and whatnot. However, intermittently the entrance would be closed (when I'm coming home late from work or when heading out in the afternoon, sometimes yes, sometimes no) and I would need to use the garage door opener to open the door in the times they were closed obviously.

This morning I went downstairs to head to work and my car was not where I left it. I've contacted the police and when they wanted to try and find surveillance footage, the property management company advised me they do not have any surveillance cameras installed in the garage, and I've yet to hear from them in regards to the open garage door. As well, one of my neighbours also advised me that the one of the above ground access doors to the garage didn't require a key at certain entrances because it was broken.

The liability seems to be on them since anyone either a resident or not, had access to the garage, especially considering they left the door open and also have faulty accessible entrances above ground that have yet to be addressed. Should I consult a lawyer and see if I have a case? The car is valued roughly at $25k-$30k if that is at all relevant.

Thank you for taking the time to read my concerns, and have a great day.

Answer: You almost certainly do NOT have a case against the condo complex.  Generally speaking, the only person liable for a criminal act is the criminal.


Title: Hit a deer, allstate told us they were sending a tow truck, we got picked up and went to out destination. Few hours later police show up saying they towed it because it was abandoned.

Question: [deleted]

Answer:
 >How can they declare a vehicle that's not obstructing a roadway and that was parked for less than 5 hours, abandoned?

Because it was on someone else's property with no one there to explain why... For 5 hours? You should have stayed with the car.


Title: Wrongful Termination? [Ga]

Question:
Ok, so I'm trying to research into this topic but I'm not very smart and all the legal jargon shoots so far over my head I think I now have whiplash. My issue is this:

My boyfriend recently took a server job. 3 weeks into his employment he had a shift with a not-so-nice coworker who was bossing (more like yelling) him around. Some of the things he was telling my boyfriend were things he needed to know just weren't said politely. That aside, my boyfriend got fed up and calmly told the guy that he holds no manager status and to stop speaking with him. Needless to say this peeved the guy a bit but he backed off. A short while later they were both in the back and both my boyfriend and his coworker went for the same item at the same time. I think they were reaching for a stack of menus but that's beside the point.

So they bumped heads. Nobody's fault and it was a light bump but the guy pushes my boyfriend and tells him to back off. Well my boyfriend pushed him back and said something to the degree of, "don't put your F*****g hands on me." My boyfriend then proceeded to the managers office where he told the manager he refuses to work with said coworker any longer if he's going to put his hands on him.

My boyfriends never been in a confrontation like that before so he left. He was quite shaken by the whole thing. He called me freaking out and I figured right then since he left he'd already screwed it all up.

The next day he was off work but he made attempts to reach out to his bosses including the owner of the business. Everyone shrugged him off until the end of the day when the owner finally text back to say he was leaving the matter to the General Manager. Now the following day my boyfriend returns to work only to find out he'd been let go. When my boyfriend attempted to explain his side of the story the manager just told him to stop speaking and leave. Apparently there was video footage of the incident that the manager says puts him at fault. However, the manager refuses to show the video to my boyfriend.

The only witness we're not sure on his willingness to come forward. The night the incident happened the witness told my boyfriend he saw the whole thing and the co-worker was the instigator. He said that night he'd testify if my boyfriend pressed charges. However, the manager told my boyfriend that he spoke to all workers that night and everyone denied seeing anything at all.

My boyfriend is super depressed about the whole thing and will hardly get out of bed. I want him to lawyer up but he feels like he has no case. I think a lot of that has to do with the fact that we're gay and Georgia isn't a friendly state to us. Can anyone say for certain that it's not worth pursuing? If it is, if you could dumb down the reason why it could be worth it I'd love to give my boyfriend some ray of hope.

Thanks in advance and sorry it's so lengthy. I'm pressed for time so haven't had time to proofread. Sorry for any grammatical errors!

Answer: This is not wrongful termination. Your boyfriend should find another job.


Title: TIL management suck

Question:
listen guys. im here to see if you can give me some advise over a problem my mother is having.
hypothetically ;), she works at an old folks home and has done for her whole live, i grew up around those smelly incoherant buggers but it was a hell of an experience that has shaped me into the person i am today/not that much but you get me. awesome stuff.
so she has a job 2+ years. works god dam hard, almost to the obsess because she has aspergers and ADD which im guessing is the cause of her drive to become highly knowledgable. im talking hot shit, laptop every night reading making notes and understanding medicines what they are and all the extra hour bullshit that is required to be a shit hot nurse.
the rest that i say wont really go into too much detail, mainly because i cannot claim to be 100% about this, but i have asked questions and i know enough for this posts purpose.
She had a new boss. the boss was 'crap'.
time passes as it does, but my mum started to see things that were going wrong with patients and decided to double check the meds and found a few issues (pretty large ones lets be honest, wrong medication?!) and raised it with the manager, i beleive the response on one of these time was 'to not look for problems." - again, old folks home and dont try and save people o.o wtf.
what followed were meetings asking if she was capable of working (while displaying capabilities)
various comments where made as the time passed. witnesses wrote that they saw a threat of violence towards my mum.
this went on for a few months, my mother did go back to work, everyone loved her, people in care, their relatives and some close work friends. it was good. the bullying however did not stop and i often remember seeing her upset because of, what i would say, is fucked up as hell considering she was clearly stressed and vunerable.
eventually she got a sick note(doctor gave her it for if at anypoint she could leave work), i think she used it because of 3 new employees being hired with higher wages than my mum (same work level), an because she was told that she had overtime, then was told she didnt, then forced to take it as she was already in work. the way management handled that, im pretty sure, mirrored every other unnessecary encounter. of course, they took her letter and then said bye
2 days after a meeting was arranged, to make my mum aware of a suspension. which started a few months back and stil does. the justfication was that fraud was committed because of a tampered date on the document. e.g. 1 changed to 3. with pen or whatever.
they didnt acheive anything as the original had a copy, it was handed over they shat their pants and we have not hear since.
my hypothetical mum is meticulous, and has everything that happened from day 1 - 12 months. trade unions solicitors are on it as well.
what is the end story hear guys? i know this will put my mum through hell, even if it does end up good, all she wants to do is help oldies! but i have seen the bullshit, does she have a case?

Answer: Fuck off until you can write a paragraph and use proper grammar and spelling. If you can't be arsed to give an effort to write it, no one will give an effort to read it.


Title: Can I beat up the dude my girlfriend has been cheating on me with?

Question: I recently discover my girlfriend had been cheating on me with another dude. I didn’t catch them but I found out through other ways and she later confessed when I had enough proof. I caught him outside his house once and I was going to fight him but he threatened to call the police and press charges for assault and trespassing if I touched him.  Can he do that? What are the chances I will get in trouble if I actually go through with it?

Answer: It's assault regardless of the reason


Title: [Florida] Landlord/HOA approved dog but changed their minds after having the dog for 2 months (XPOST /r/dogs)

Question:
Posting for a friend that doesn't use Reddit.

We moved into a new place and decided to get a dog. They have some weight and breed requirements. We started looking at rescues with these requirements in mind.

We fell in love with a catahoula due to outgoing, friendly, dopey personality and I've always loved the amazing coloring of the fur and eyes on these dogs. He's about 9 months, but a vet said he will be under the weight limit as an adult according to growth chart. Vet also confirmed breed in person.

We supplied vet letters to the association stating breed, estimated adult size, and ownership. We were approved.

Now, 2 months invested into our new family member, we are being told that we have to get rid of the dog. We've been told by the association that they think the dog is a "pit bull" and that our vet is somehow not qualified to determine breed. Not sure how it was approved if that's the case. Now what?

We love our dog. We thought we did everything right. Do we need a lawyer? What kind? What do we need to know/bring to a consultation? Are there more questions/clarification needed from the association? How do we properly communicate with the association?

Thank you in advance for any help.

EDIT: Documents available if anyone could provide further assistance. No one said what kind of lawyer we need for this??
Topic:
Landlord Tenant Housing

Answer:
 >We were approved.

Please say, "in writing".Answer #2: I just went through this with my landlords.

Adopted my dog, paid astronomical fees, all approved and above board and then they retroactively tried to withdraw consent for my dog based on breed. I had to bring down the hammer.

If the animal is written into your lease (most are) and the landlord tries to force you to get rid of it he could be considered to be breaking the lease. This is especially true if you've paid pet deposits and they've been processed (meaning the check was cashed and the landlord has the money).

**Your best bet is to send a firmly worded certified letter to your landlord stating that:

No, you will not be relinquishing your animal.

You provided documentation from the shelter and a licensed vet ensuring the dog was an appropriate breed and size.

After reviewing this info they approved your animal.

If they try to force you to give up the animal, THEY are breaking the lease and you will be forced to move out and take them to small claims to recover the cost of moving to a new place as well as your deposits.

I also stated in my letter that I would only communicate with them in writing or via email and would not take phone calls. You may want to do that too. It creates a paper trail.**

Keep hard copies of all emails, lease agreements, letters, notices left on your door, pet deposit receipts, etc.

These will help prove your case if you do have to move out or are evicted because of your dog.

Though I doubt it'll go that far.

My landlord/managers/LLC came correct really fast after the letter I sent.


Title: I got a texting and driving ticket for changing the song while driving

Question: Today I was driving in Johnson county, Iowa and received a ticket for texting and driving; I was not. I have the phone records to show that I had not received any text messages or sent any until after the ticket was issued. I wasn't on a game or the internet or reading my email which are all cited in the law but I don't think I **technically** violated the law. The citation says I violated section 321.276 of Iowa code. I attempted to read the law which is linked here:  (  [https://www.legis.iowa.gov/docs/code/321.276.pdf](https://www.legis.iowa.gov/docs/code/321.276.pdf)  ) but I am not sure if this would be worth the trouble in court. The only thing I am concerned about is my cost of insurance going up as I am a 21 year old male and insurance companies will punish me for my age and gender. I am wondering how they would be able to convict me if there is no record other than the sheriffs word. Any advice would be appreciated.

Answer:
 Usually, “texting and driving” is  general term that covers any use of your phone aside from answering calls while driving. Someone could try to pull the same defense by saying “I wasn’t texting- you can check my phone logs! I was swiping through tinder! So technically, I was making a light swipe/tap motion while barely looking at my phone and therefore didn’t break any laws!”Answer #2: Now the statute you cited specifically talks about using your phone to send emails and texts, now the judge you're going to see is a municipal judge most likely who sees every excuse in the book and is likely very friendly with the prosecutor and police officers.

It's not going to be like on tv where you make some grand speech and moving music plays in the  background  and the judge will exclaim "case dismissed" and slam the gavel down. You can certainly tell him that you were changing music **on your phone**, but this is not going to go how you think it will.


Title: (CT) Landlord keeps shutting off water at random and heat has been shut off. Both included with rent.

Question:
Long in short, I have heat and hot water included in my rent, however they have been doing construction in another unit on my floor and have been shutting off the water without any notice for most of the day at least once or twice a week for the past 6 weeks.  I work from home and often cannot use the bathroom during the day when that happens.

They always seem to shut the heat off after a certain date, and I am assuming because it's April, they have turned it off until the fall.  However it's still quite cold (it's actually snowing right now), and the inside heat of my apartment is 60 degrees with no heat at all.

With all this being said, am I entitled to some money back on my rent?

Answer: Depends on where you live first of all and the municipal bylaws for heat in rental units there. Secondly you should look into bylaws regarding heat and water. In most places a unit without both is considered uninhabitable. How long is it being shut off for? Is there absolutely no notice in advance? These are important questions.Answer #2: Before pursuing legal action I'd recommend that you send a written letter to your landlord stating that due to the construction it has rendered your apartment in an uninhabitable manner on the days of the construction, especially when no advanced notice is given. Say you reserve the right to withhold rent if they continue to not give advanced notice. Most likely they will give you notice from now on, but if not, read the lease carefully and look up local housing laws. The lack of heat and hot water may have fell short of housing requirements, in which case you are entitled to withhold rent until they remedy the situation.


Title: Recording Conversations for Self Defense [Florida]

Question:
My sister is going through a divorce from an emotionally abusive man who constantly attempts to portray her as "crazy" or "exaggerating" the context of their arguments. After he is done verbally abusing my sister and her son (son is from a different marriage), he behaves like Mr. Nice Guy. It comes down to "he-said/she-said" in the absence of any real hard evidence.

Here is the Catch-22. Her divorce attorney told us that Florida is a "two party consent" state, and if my sister secretly records an argument or his tirade to prove his abuse she could be liable for a 3rd degree felony.

My question is, how can a person defend themselves in a situation like this if the only means of obtaining proof is deemed illegal? I have personally heard this man insult my 7-year old special-needs nephew to the point he is crying and curled up in a ball, yet a recording of this abuse can not be used in court, and its mere existence would subject me and/or my sister to felony charges for recording it.

Any suggestions?

Answer:
 If she wants to record conversations she has to announce it to him from the get-go and unequivocally; i.e., the very first words on the tape must be her stating "This conversation is being recorded, by continuing this conversation you consent to that recording."

That aside, /u/Caratin24 is absolutely correct. Further, if the abuse is as you say, then depending on the extend of your nephew's disability he should be able to communicate to the agencies involved. Given that your sister has an attorney, I would assume that he or she is addressing the issue of the husband's behavior using appropriate legal avenues -- is that not the case?


Title: Post-divorce 1- year: Suddenly wife has a 65K retirement payout no one knew about, she gets it all, in NY

Question:
OK, so my wife and I owned a company. We had a retirement plan. We got divorced after over 25 years. \[She ran off with another guy in a different state.\]

Our retirement plan adviser in Fairport NY sent an email to her, her lawyer, and my lawyer that she had a \~$7,000 retirement benefit coming. We got divorced based on this number.

A little over a year later, turns out he made a mistake. She gets a $65K payout. Half of that should have been mine under the divorce. He says, you did not ask the right questions and you had all the monthly statements anyway so this is your fault. My lawyer says he never gave us any figure other than about $7K so how did we know. Correspondence from her attorney corroborates this; her lawyer also thought she got \~$7K too. No one was aware of this potential payout.

We had a judge signed QDRO where she got a big chunk of my retirement. Now she gets all of hers, and I get no percentage of hers. Hers did not enter in to the divorce/QDRO calculations because the guy in charge of the retirement account never provided the real numbers despite the fact I am paying him a pile of fees.

So now, she is going to get the money out of the retirement plan when I would think that some part of that (50%?) should have been mine.

The guy in Fairport NY won't admit fault, my attorney (and hers) acted on the info they had, and I am out some portion of $65K that should have been considered in the divorce.

Is there anything I can do? or do I just need to suck it up Buttercup and take my lumps?

Is this a reportable incident on the retirement account guy for malpractice or not acting in my best interest? The SEC? Some agency in NY? Frankly, I would like to be aggressive here. The divorce action started in July 2014. It was final about three years later. He had time to come clean and give us the right number. Anything I can do?

Thanks

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Answer:
 Does your settlement agreement not allow for the equitable distribution of undisclosed assets?  Since even her attorney is agreeing that everyone thought it was $7000, you’ve now basically uncovered an entirely new account that can be divided. Answer #2: You need to bring this up to your original divorce attorney, who has all of your case files. It's an undisclosed asset so technically yeah, you are entitled to 50% of it. But there's no way we can advise you better than an another attorney with all the details to hand.Answer #3: What does your lawyer say?Answer #4: Talk to your lawyer.  Intentionally concealing assets can result in you receiving the full value of the asset rather than just half.

I'd also consider a bar complaint against her lawyer.  When one lawyer is requesting documents about finances in a divorce the request is usually pretty broad.  Something like "all savings accounts, checking accounts, retirement accounts, or any other assets."  If the other lawyer was trying to be cute and making you request every single asset specifically then he's going to be in hot water with the bar.

Anyway, talk to your lawyer.


Title: A girl I was with for an entire summer filed a sexual assault case against me and the university is taking her side.

Question:
Back story, I was with this girl, who had a boyfriend in a foreign country, we had a few encounters that were very consensual. Then her boyfriend doesn't come to visit, they break up and we end being an item, but it got too chaotic and we break and it seems she didn't take it well it seems. Next thing I know I am talking to my conduct committee. I gathered evidence of clear consent (Facebook messages) yet they take her side along with someone else's who said that I performed unwanted actions on her. There were three incidents she said that happened, two were disproven by my evidence but one apparently didn't get taken care of. So I was held responsible and I am planning on filing an appeal. What advice do you guys have on this issue?

Edit: my location is Seattle, WA.

Answer:
 In the future if someone accuses you of a crime shut up and hire a lawyer. Answer #2: These college disciplinary hearings do not operate like the legal system we all know and love. They offer they illusion that they do but most are very different. For example many disciplinary hearings operate on what could loosely be called the Preponderance of the evidence standard. Most criminal cases operate to a higher standard, meaning that the college can pretty much rule however they feel like so long as there is some sort of evidence. That does NOT mean they have anywhere near enough evidence to have you charged with sexual assault in actual criminal court.

Problem number two is that the "rules" for what constitutes sexual assault or whatever they wish to call it on most colleges is vastly different from the legal definition of sexual assault in a given state. Some colleges will call anything but an encounter with "express consent" sexual assault. Whereas the state legal system has a very clear very finite definition of sexual assault.

For now I wouldn't be as worried about ending up in actual jail but I would hire a lawyer for the appeal and stop talking to *anyone* but that lawyer about your case. Make sure you preserve all of your evidence like the Facebook messages, keep printed and e copies if able and document document document.


Title: Oh man... things got complicated real quick for my sister and three months old daughter thanks to her gaslighting ex and baby's father.

Question:
[deleted]
Topic:
Other Civil Matters

Answer:
 If she's that desparate to get rid of him then she needs to stop signing all these legal documents that will keep him bound to her. Get off the lease, get off the car loan. If he doesn't want to leave, why can't she just move out?Answer #2: > How can we prove or say he doesn't live with her anymore?

You say, clearly, the words, "he doesn't live with her anymore."

> we just want to find a way to keep him from being able to come back into the apartment. What can we do?

Once he moves out, your sister has to clearly communicate to him that he is not allowed in the apartment, and she must call the cops on him for trespassing every time he shows up, if he ever does.  If he for some reason gets into a habit of showing up all the time, she may be able to get a restraining order, and a pattern of police reports about trespassing would be evidence that a restraining order is a good idea.  Eventually.

Edit: If he's on the lease, this will be more difficult.


Title: My Car Was Towed Illegally and the Police Will Not Let Me File a Report. They Claim It Wasn't Illegal.

Question:
I was parked at my friends apartment for 20min on Thursday November 19, 2015. I left the apartment to see my car hooked to a tow truck. I ran after the tow truck as he began to pull away. When I realized that he wasn't going to stop I jumped though the window of my car. All of this occurred in the parking lot.

Now once i was in the driver seat of my car as it was being towed away i pressed the brakes to lock the front wheels and try to stop the driver. He stopped in the middle of the street about 100 yards from the entrance to the parking lot. He told me to get out of the car and that he was going to call the cops.

I believed myself to be in the right and thought that the police would help me get my car back so i got out of the car, and ran back up the sidewalk to where my friends were so i could wait with them for the cops.

The tow truck driver drove to the tow lot with my car.

I called the police. Once they arrived i told them what happened and they told me they couldn't do anything about it and it was a civil case if i wanted to get my money back i would have to pay to get my car back from them.

I said okay and got my car back because i really had no choice. The tow company refused to negotiate and made me pay the full $100 price for the towing service.

I then looked up the City of Auburn Alabama code.

Here is what it says.

>ARTICLE XIII. - WHEEL LOCKING AND/OR TOWING[12]

>Sec. 12-271. - Regulations for nonconsensual wheel locking and/or towing.
>In accordance with the provisions of Act No. 92-511 as amended by Act No. 97-603 of the Alabama Legislature, the city council hereby sets forth the manner and charges in which abandoned motor vehicles as herein defined in its jurisdiction may be wheel locked and/or towed from private property, including property owned by the Auburn City Board of Education. Any motor vehicle left unattended on any private property within the city limits of the City of Auburn without the express or implied permission of the property owner as herein defined shall be considered an abandoned vehicle and may be towed or wheel locked, or both by the property owner in accordance with this article. The provisions of this article shall not apply to the towing of vehicles pursuant to chapter 22 of the Code of the City of Auburn.

>(Ord. No. 2558, § 1, 7-15-08; Ord. No. 2637, § 1, 11-3-09)

Then in the article below that it states this:

>Sec. 12-272. - Definitions.
>The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

>Abandoned vehicle: Any motor vehicle left unattended on any private property within the city limits of the City of Auburn without the express or implied permission of the owner or lessee of the property or his or her agent.

This is the part that directly applies to my case:

>Sec. 12-283. - Vehicle not towed upon operator returning.
>If the registered owner or other authorized operator of the vehicle arrives at the scene prior to removal or towing of the vehicle from private property, the vehicle shall be disconnected from the towing or removal apparatus, and that person shall be allowed to remove the vehicle without interference upon the immediate payment of a reasonable service fee of not more than one-half (½) of the fee for such towing service for which a receipt shall be given, unless that person refuses to remove the vehicle which is otherwise unlawfully parked.

>(Ord. No. 2558, § 1, 7-15-08)

Finally here is the most frustrating part when i went to the police station to file a police report today the police officer was very rude and ugly to me about my complaints. He said they committed no crime and i have no recourse. He also called me rude and disrespectful and walked away mid conversation.

> Police Officer : "The property owner called the tow company and had your car towed because you were trespassing"

> Landon2525 : "You know that is not how it works, the tow companies have contracts with the realty companies and they tow in a predatory manner"

He then got very rude and angry. I should have made sure the recorder was on on my phone but i didn't think it was necessary since the police are there to help.

[Here is a hand drawn diagram of the incident.](http://imgur.com/9dx7Qhg)

[The Municode.com Link to the Auburn City Code.]( https://www.municode.com/library/al/auburn/codes/code_of_ordinances?nodeId=CO_CH12LITAMIBURE_ARTXIIIWHLOTO)

Answer:
 Hold up.  Let me get this right.

You jumped into a vehicle that was hooked up to a tow truck and was moving?Answer #2: You were on private property. The police do not enforce towing on private property. They were right in telling you it was a civil issue.

I don't see how you were illegally towed. You parked somewhere you weren't supposed to.

You are correct that the tow truck driver should have stopped immediately once you were in the car. You can bring up that statute and see if they'll work with you. But I don't see this being worth the time/energy. Answer #3: If the guy had the car hooked up and was driving away this:

> If the registered owner or other authorized operator of the vehicle arrives at the scene prior to removal or towing of the vehicle from private property

No longer appliesAnswer #4: The rule:

>Any motor vehicle left unattended on any private property within the city limits of the City of Auburn **without** the express or implied **permission** of the property owner as herein defined shall be considered an abandoned vehicle and may be towed or wheel locked, or both by the property owner in accordance with this article.

The second relevant part:

>If the registered owner or other authorized operator of the vehicle arrives at the scene **prior to** removal or towing of the vehicle from private property

Emphasis added to help you out.

You were parked without permission. You did not arrive prior to the towing starting.

TL;DR:  Towing company was right.  You were wrong.


Title: Is not having a child a form of discrimination?

Question: I asked for Christmas Eve off from work. I was told I would most likely have to work because they give people with kids the day off priority. I’m not going to sue them, but this seems very unethical. I work for THAT big box company. You know the one. (California)

Answer: It's not a form of *illegal* discrimination.


Title: I was arrested over the weekend in Illinois for a 720 ILCS 5.0/12-3-A-2 misdemeanor -- Battery (First offense -- story inside)

Question:
Chicago resident, went up to Wrigleyville over the weekend on Saturday for the Cubs game. Long story short, I got blacked out drunk, got into an argument with a bouncer, provoked him, and got arrested. The bouncer did not suffer any physical harm, and there are videos of the scene that prove this.

I was arrested by the Chicago Police, got sent to jail for three hours, and was released when I sobered up. Yes, I had a mug shot taken, was fingerprinted, booked, and all of that. I am facing one Class A misdemeanor charge for battery with a court date seven weeks away in December.

I am nervous as shit. I have never gotten in trouble before, but I am facing up to a year in jail or a $2,500 fine. I am totally fucked. I did not resist arrest, did not attack any of the police officers, and barely put any hands on the bouncer. The exchange was 95% verbal. Yes, I fucked up. I should have never acted like an idiot. The bouncer is totally in the right.

Should I hire an attorney? And what are the chances I am facing serious jail time? The detective who sat down with me at the station stressed that bouncers rarely show up to these court dates -- especially with no bodily harm -- but I don't believe him for a second. What's my best possible course of action? I am 21 by the way, college student with a part-time job.

Answer:
 >barely put any hands on the bouncer.

Don't try to use that as your defense in court.

>Should I hire an attorney?

Good thing to look at doing. You are facing jail time. No one here can guess how the judge feels about cases like yours. A local attorney can give you better guesses.


Title: Boyfriend and I got into a scuffle and I was charged with assault dv. Boyfriend is not against me and the court is trying to get him to come to trial. Need answers.

Question: [deleted]

Answer:
 I've heard lots of terms for domestic violence, but "scuffle" is actually a new one for me, surprisingly.Answer #2: If your partner was served a subpeona then he is required to show up or an arrest warrant may be issued for him. If he fails to show the judge can simply continue to case to give the DA time to produce his witness (through force via the police if necessary).Answer #3: If your partner has been subpoenaed and doesn't show, yes, he could be arrested.

You, on the other hand, could get a new charge for violating the no contact order.


Title: Denied entry to US although I have citizenship.

Question: [deleted]

Answer:
 This is 100% wrong. https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality/dual-nationality.html

Basically the US "ignores" dual citizenship by and large. All they care about is that IF you are a US citizen then you must enter and leave the US on that passport. Nothing else really matters. I'm quite shocked a CBP agent would give you that information.Answer #2: This doesn't make any sense.

We're you actually turned away at the border? Did they have you enter on your Danish passport?Answer #3: Not a lawyer.   CBP aren't known to be the brightest bunch.

Not a laywer here.  What if next time you play dumb and say "I'm a dual US-Danish citizen with passports from each county.   I exited XXXX county with YYYY passport.   Which one (or both) would you like to see?"

Put the onus on them to tell which which one they want to see.


Title: I got jumped outside my work. What can I do?

Question:
So last night around 1130pm I got jumped outside my current job. Not much to say because the people were wearing bandanas and hoodies. Other coworkers were outside when it happen but they weren't targeted. They were actually outside before me and the car was there waiting. So I was the target. A coworker got fired earlier this day. Everyone thinks it was him but no evidence points to him. The cameras outside the building didn't capture anything due to it being too dark.
The security has been telling the building owner for a long time that they needed a camera. My other coworkers didn't get anything(from what the cops told me).

I plan on quitting due to not feeling safe. But I was wondering if there was anything else I can do.
Sue the building owner? How can I help further the cops investigation?

Any suggestions please and thank you.

Answer:
 Call the police?

What did the building owner do to you?

You may or may not have a workers comp claim. You need to look into it.


Title: Stunt driving charges ON can

Question: I’m looking for some advice on how to handle the situation I’m in. I was pulled over going 146 km/hr in a 90 km zone on the highway. As a result my car was impounded and license taken for a week. In addition to that I’m being charged with stunt driving and will have to appear in court. My driving record up until this point is 100% clean. Should I be looking into getting a lawyer/ paralegal or should I plead guilty and hope they’ll reduce the ticket down 7 km so it’s no longer “stunt driving”? I don’t exactly have money to burn and as Is already have the impound/ tow fees, license fee as well as the ticket to pay.  The area I was pulled over was on the highway at the bottom of a long hill, this being one of the  reasons my speed got so high in the first place. Anyways any advice/ past experiences would be appreciated, thanks.

Answer: You’re facing the possibility of jail time. Talk to a lawyer.


Title: Lying about having insurance?

Question:
Hi,
first time posting here so im not sure if this is a stupid questions, but here goes. im a 18 year old female living in fl. i want to go to a clinic like planned parenthood or the health department to get a pelvic exam and birth control, but my parents dont know im sexually active. i dont have a job or really any money, but im on their insurance. im scared to use their insurance at the clinic for these services b/c i dont want there to be any chance of them finding out. is it illegal for me to lie about having insurance ? is there any way planned parenthood could find out im lying? what happens if they do find out ?

Answer: Planned Parenthood will do sliding-scale (based on ability to pay) charges for most things. I know you're not the first young woman to be in that situation; call and ask about self-pay discounts or payment options.


Title: I have been sued for trademark infringement, and I am wondering if I’m protected by common law.

Question:
I have been using an unregistered trade in my state for 18 years. Yesterday I got an email from their lawyer asking me to take down everything with my trademark that I have been using for 18 years. They registered the same trade mark 19 years ago but have not been using it in Michigan at all during this time, Or anywhere else as far as I can tell. I have radio ads, websites, merchandise, artwork, and lots of goodwill associated with the trademark that I am being sued for using.

How easy is it to prove that they have abandoned the trademark? Is it important that they abandoned specifically in my state? Because I know forsure that it has not been used at all in my state other than by me. They also might fall into the excessive licensing category as well. Based on their companies name it sounds like they just register a crap ton of trademarks and just sit on them.

I feel robbed. I have gotten a bunch of confused calls from customers already. What are my chances I keep my trademark?

I’m in the process of attaining a lawyer right now. I’m looking for opinions from people knowledgeable on the subject. I just want to know if I have a shot at all honestly.
Topic:
Business Law

Answer: Impossible to say but you need a lawyer who does intelectual propperty cases.


Title: How to deal with sexually aggressive sue-happy client?

Question:
Hi Everyone,  thanks in advance for your help.

So my Fiancee owns an electrolysis business in NY State.

Electrolysis is a hair removal process,  so she has a large clientele of transgender folk.

One such client has boasted many times in the past that they have used their transgender identity to sue many businesses for mundane things.

Lately this client has made some very sexually aggressive comments on the phone and in person to my Fiancee.

One instance while making an appointment on the phone with my fiancee,  this individual went on to say how "beautiful and sexy she sounds" and made very sexually suggestive noises "thrusting sounds and all that".

Another instance which worries my fiancee,  is when another client was in the office with her baby.  This individual started going off on a tangent on how "beautiful" the baby was and that they "knew and met the baby in another life".  The this individual then went on to push their way to kiss the baby without express permission from the Mother.

Seeing as this individual is making crude comments and is putting other clients at unease,  how should my fiancee go about refusing service to this individual,  or firing this client?  This client has stated many times of all the lawsuits they have raised,  so obviously my fiancee is worried about a potential lawsuit if she is to stop contact with this client.

Due to troublesome clientele in the past I have installed a security camera,  so we have footage if anything happens in the office.

I've also suggested that maybe she should record the phone conversations from this individual, but I'm afraid that may violate wiretap laws?

Thanks everyone.

Answer: Its not illegal to discriminate against someone for being sexually aggressive, inappropriate with children, or otherwise making people uncomfortable.  So long as the reason isn’t that the person is transgender (or some other protected class), and it doesn’t sound like that is the issue, then there is no problem.  They might sue, but they wouldn’t win.Answer #2: "You are banned from this facility, don't come here again or I will call the police" is all she needs to say. You don't need a specific reason to ban a customer from your business and it's up to him to prove otherwise. Answer #3: This person sounds like a habitual liar so they are not necessarily telling the truth about having sued many businessesAnswer #4: The business has lots of customers. Dumping one of them for bad behavior doesn’t make the owner a bigot who is violating people’s civil rights.


Title: F1 student. Residing in the US. I do YouTube as a hobby, but I have opportunity to join a YouTube network and earn revenue (online).

Question: [deleted]

Answer:
 IANAL, but I worked in immigration. If you submit any tax form to the IRS showing income while you're under an F-1, you may or may not be caught while you're in this status. (Probably not, but it's a risk.)

You will, however, **severely** endanger your chances for a working visa and/or a green card later, if that's something you're planning to do. Extensive background checks - including cross-checking with the IRS - are way more likely throughout a green card application.

Basically, if you want to go on to an H-1B visa or anything else later, you are going to need a good immigration lawyer - and $10-$12 thousand dollars - and you may still not make it. With your income this year taxed and on record, there will be legal proof out there that you've violated the terms of your student visa. It's real hard to get around that once it's done.


Title: [TX] mans dog fell out of truck bed on the highway

Question:
Today on my way to my Christmas festivities, my husband son and I were driving on the freeway. We saw a truck with a tool compartment and his dog standing on the top of it. He was going AT LEAST 80 MPH, it was very windy today and low and behold, his dog walked to the side, lost his footing and fell right off the side.

My husband and I tried to catch up with him and tell him his dog fell off and he floored it. He was going at lease 90 at this point. Obviously with my son in the car we can't exactly chase this guy down. He was gone. I got a picture of his license plate, however I know in my state it isn't illegal to have your dog in the back of your truck.

So, can I still report this? Would police be able to do anything?

EDIT: my husband just got off the phone with our local police, they told us that because we didn't see that the dog was still alive after he fell that they wouldn't be able to do much, at that point it was just an accident. I feel absolutely horrible that I didn't pull over, but even the dispatcher said to never get out of your car to get a dog off the freeway. I'm sick that this piece of shit isn't going to get what he deserves.

UPDATE: A friend of my husbands got the picture and reported it to ASPCA, I didn't even know you could do that!
They told him that they couldn't do anything about this because they would have no evidence, BUT they would make a house call and see if he has any other animals that are being neglected.

Answer:
 Yes you can report it.

Maybe the cops will be able to do something. Answer #2: Call in the plate number (did anyone go back to see how the dog was?)


Title: [NJ] Person holding a stop sign?

Question:
[deleted]
Topic:
OP Is A Douche

Answer:
 > Does a non-police office have the right to force traffic to stop?

You mean a [crossing guard](http://www.njcrossingguards.org/wp-content/uploads/2014/08/NJ-Crossing-Guard-Training-Manual_Web-Destinations1.pdf).  Have you truly never seen a crossing guard before?

Yes, you must follow the instructions of crossing guards.  In addition, if she or anyone else is still in the crosswalk, you don't enter the crosswalk.Answer #2: "Although crossing guards usually do not have arrest powers, the STOP paddle they wield is an official sign under state law (N.J.S.A. 39:1-1). Drivers who fail to obey the STOP paddle can be cited and fined for failure to obey signs, signals or directions (N.J.S.A. 39:4-215)."

The crossing guard is hired by your municipality, and is controlled by the police department.  You can call and complain about an improperly attired, and trained crossing guard. Impersonating a crossing guard (ie, just buying the stop sign and directing traffic) is not legal.


Title: Can I/should I build this fence around my property that prevents my neighbors from parking their car? Does an easement(?) exist preventing me from doing so? (see diagrams)

Question: [deleted]

Answer:
 You're going to have to get a survey and look at the easements recorded on the deeds, but it almost certainly wouldn't be allowed. If anything, there are probably zoning restrictions on the size of the driveways for emergency vehicle access. Answer #2: Have you politely explained the problem to your neighbor and asked them if there is any way that the two of you can come up with a mutually acceptable solution?

If they refuse to work with you on a mutually acceptable solution, then you'll need to find the easement documentation, but presumably they are blocking your access to the shared driveway (irrespective of whether or not you actually want to drive your car into the driveway, you cannot do so when their car is parked there).  I suppose maybe you could get the city to paint the curb of the driveway yellow or red, or post no parking signs on either side of it, or come and tow any car blocking the shared driveway.  That won't move your car off to the left of your front yard, but it will prevent your neighbor from parking his car in a way that blocks the driveway.  And of course you'll probably have a really pissed off neighbor who will probably then do other things just to annoy you.Answer #3: There are going to be codes galore on the size of fencing allowed near a driveway. This is so that you don't back over a kid.

I would suggest a curb running down the middle of the driveway, slightly on your side.


Title: Found signed check for $500 with blank “to” line

Question:
If I write my name on a blank check that I found on the ground and then cash it, is this a legal issue?

Thank you
Topic:
Criminal Law

Answer: Yeah, we call that forgery. You would be caught very easily and probably go to jail.


Title: Package addressed to me contained someone else's order. What can I do?

Question:
As stated in title, a parcel envelope showed up in my mail addressed to me. It's a DVD from a certain blue-shirted electronics retailer, and I didn't order it. Inside, theres a packing slip with someone else's info, intended address, and order #. GF and I ordered movies recently from a different store so we thought it was those, but it's clearly someone else's order. I know it's not illegal to have opened it because it was addressed to me, but I want to know how this happened. I know I didn't join the gift exchange on r/dvdcollection...

The better half of me wants to take it to the local store and explain what happened, but the other half is tempted to keep it.... I'll admit it's not right, but I keep telling myself that it's only worth $20 and I'm sure the store will just send out another to the intended recipient. Is it illegal to keep it? I know the retailer has my address because I have ordered from them plenty before, but how was it used for someone else's order? USPS delivered it and the retailer likely provided tracking to my address. Can I wait to see if I'm contacted about it? Am I a shitty person for wanting to keep it? I'm located in IN, USA. Package was supposed to go to someone in TN.

Thank you

Answer: Go ahead and check all your financial accounts/credit. It's not uncommon for identity thieves to order things and send them to the owner's address. They do this to test that the information is correct then they'll move on to more expensive things.


Title: [MD] Can you book an international flight while waiting for a name change decree to come through?

Question:
Hi! I recently submitted a name change request to the court in my county. They said it will take a few weeks to process but I should have my name change decree soon.

My husband and I have plans to go to London this December to visit family. Is it ok to book a flight now while still waiting for my paperwork?
I’ll need to change my drivers license, passport, etc once that’s done but I can get those expedited. I just want to avoid any confusion that might come up while traveling with a new/old name especially since it’s an international flight. I’m a US citizen but I haven’t been outside the US for several years.

Thanks in advance :)

Answer: The name on your plane ticket will need to match your passport exactly.


Title: Girlfriend paid less than minimum wage and company refused to show her paystub

Question:
Just as a foreword: I am a noob on this sub and truthfully don't know anything about law.

Anyways, she works at a small retail shop, receiving a considerably large amount less than the men who work her same job. When she asked the accountant for her pay stub, the lady told her that the information was confidential. She persisted and it was shown that my girlfriend's company had been paying her less than minimum wage at around 7$, under the false statement that she received tips. She is trying to work out a solution with her boss, however, the whole situation seemed shady to me, so I was wondering if there was any blatantly illegal act committed, and if there was a possible legal response. Thank you for your help, I'll clarify anything if your responses require it.

Edit: Sorry guys I'm new. This happened in Colorado. Thanks for all of the responses this was very informative.

Answer:
 All right, let's list the violations:

1.  refusal to provide paystubs (these have to be provided to all, not just upon request)
2.  paying below minimum wage
3.  false classification as a tipped employee
4.  possible gender discrimination, although this is harder to prove
5.  if she never filled out employment paperwork and these wages are not being reported to the IRS, then tax fraud.Answer #2: If this was the US, then there appear to be several legal problems with what her employer is doing.  Please tell us where this happened.  Answer #3: Contact your local labor board and tell them your entire story.

https://www.colorado.gov/cdleAnswer #4: In almost every jurisdiction I can think of in north america, the employer MUST provide stubs.  Where are you? What she can do about it also varies. Some places have employment boards or labor boards that will investigate this for her free. Other places she'd have to sue.


Title: Renting a room in mobile home in CA landlord won't let me use AC

Question: hey guys i'm renting a spot for 420$ a month from some old Asian guy. He raised the price to 450$ for my use of my computer 24/7.  Its summer now and getting around 90 F + and pretty fucking hot.  Bastard taped a fucking paper on the thermostat saying "No use AC" Now this definitely does not look right, i'm paying him rent on monthyly basis but don't really want to go thru the hassle of finding another spot to move to. What do you guys think?

Answer: Youre free to do as you please regarding the AC so long as you have not previously agreed to forgo your right to use AC.


Title: On the topic of bedbugs... can an Airbnb be held liable for giving them to us?

Question:
We recently traveled to the Virgin Islands (US) and stayed in an Airbnb. It was pretty outdated and dirty (mold, dust, etc). My husband woke up one morning with bites all over his back. We thought they were from gnats that we’re driving us crazy the night before. I had no bites.

A week passes, and this weekend, we woke up in our own bed back home (continental US) to a few dozen of the same bites on both of our legs, feet, arms.

Turns out it’s bedbugs. We picked them up from the Airbnb, somehow carried them home, and now our (brand new) house and bed is infested. I know it’s a nightmare to rid a home of bedbugs, and not necessarily cheap.

Can the Airbnb be held liable in any way?

Answer:
 It would likely require some sort of knowledge or gross negligence on their part.
 And if you were suing in small claims it would require suing in the Virgin islands.

Your best chance, although unlikely, is to pursue this through Airbnb resolution center.  At a minimum this way the host knows they have a problem and Airbnb has record that they have been informed.


Title: Ridiculous theft accusation at work (long)

Question:
I'm going to try and summarize as much as possible.

weeks ago my boss told me I have been accused of theft by a manager. I adamantly denied this. Later that day I sat down with 3 managers (none of them the accuser) and told them I didn't know what they were talking about while doing my best to recall events and conversations from an extremely busy day 2 months prior. This week I was interviewed by HR on the phone.

Chronologically:

The accusation according to the accusing manager is that another employee admitted we stole these items then when he asked me and I admitted to it.  (1-1 conversation I had with him in his office as I passed by, I did not think he was serious as he had joked ALL day the day in question of steeling these items himself and I laughed it off)

Sometime later: The accusation according to my boss is that I admitted to that manager I stole 2 items.  (First discussion 1-1 between me and him) I denied it.

Later that day when my boss and 2 non-involved managers sat me down to talk I denied it again but did my best to walk them through the day in question. Frequently reminding them I may have details or orders of events mixed up but I knew nothing of any items.being stolen.

This week: The accusation according to the lady at HR is that I admitted to having the items to the accusing manager and to my boss. But no mention of the other employee who also was accused

All 3 stories are different here. Who steels something then tells 2 bosses they did it???

Ok so now it is accused I took 2 items (3 minimum if you count the other accused coworker who actually did walk out the front door with me that day) which individually would not fit in a backpack but together (2 not 3)  might fit in a large duffel bag if disassembled. So somehow I took them out of a huge room with very likely 100+ people from numerous companies working and either walked out a back door which have security or through the public front door into a public area that has tons of surveillance and out that way. HR admits they don't even know if any items are actually missing.

My boss says I'm likely going to be fired (as of a week ago) but today he told a coworker they are either firing me or demoting me and cutting my pay.

I'm not sure what to expect to come out of this or what is legal or not legal. I am trying to be prepared for the next step. What options does the company legally have going forward. Can they ask me to replace the items to keep my job? Can they demote me, cut my pay, leave my responsibilities the same as punishment for something they have no evidence of?

Basically what should I expect, what should I watch out for?
Oddly I'm not even suspended and it's been a few weeks, I have keys, an alarm code, am asked to be here late and after hours still which makes me uncomfortable with the accusation being a current investigation.

Answer:
 All that text and you forget the important thing. Your location.

If you're in the US and not Montana you can be fired for virtually any reason absent an employment contract or union. Yes they can ask you to replace the items. They can't require it. They can demote you, cut your pay, fire you, etc.


Title: Father was murdered. Will I be held responsible for medical bills?

Question:
My father was murdered shortly after Christmas. He was shot on the 27th of December and died 3 days later in the hospital. It has been a hard time for me and I've only just caught my senses. One thing we are worried about now is medical bills.  He had a bullet lodged in his carotid artery and had to undergo 12 hour surgery in an attempt to save his life.  During this time, he had a tourniquet on his right arm. Because of that, his arm died and it needed to be amputated.  He wasn't conscious, so I had to sign paperwork giving the doctors permission to perform the amputation.  He ended up passing 2 days after the amputation. We've now buried him and are going through his belongings and we've noticed he had no form of medical insurance aside from the kind provided through his social security benefits. He doesn't own much of anything.  My main concern now is that because I signed paperwork giving the doctor permission to perform the surgery, I could be held financially responsible for the procedure.  Does anyone have any experience with this type of situation and would you have any advice for me?  I'm already having a hard time with his passing, but I really don't want to have something like this piled on top of me.

Edit: We are from Louisiana. Thanks for all the advice and sympathy.  I appreciate it very much.  The investigation is still ongoing as far as the crime is concerned.

Answer:
 From my understanding, you are not responsible for your parent's debts-they may come after their estate for it. But this will not stop bill collectors from trying to convince you that you are, it's a common scam.Answer #2: where are you located? was your father married at the time of his death?Answer #3: No legal advice, just deep sympathy for your loss. I'm so sorry.Answer #4: You shouldn't be held responsible for medical debt just because you are the next of kin. That form was likely just a consent form and not relates to billing. IANAL, I didn't see the form, etc. I'm sorry for your loss.Answer #5: I'm very sorry for your loss.

I am not a lawyer but I have some experience and understanding of the Social Security system. If he was old enough to be collecting Social Security (that is, he was retired), he was also enrolled in Medicare. Medicare will cover the majority of the hospital bills, at the very least.Answer #6: >  He wasn't conscious, so I had to sign paperwork

This is going to depend on what you exactly signed. If you co-signed for his hospital debt then yes you will be held responsible for the debt. If this was just you giving permission for the operation then you may not be held responsible. You should consult an estate lawyer for guidance for handling your father's estate.


Title: 'Prospective home buyer' entered my mom's house without realtor supervision and stole her information

Question:
My mother recently had to cancel all of her cards and accounts because of this incident. She had hired a realtor and was not aware of an appointment taking place. She came home from work to find strangers rummaging through her bill basket full of personal information (SSN, credit card, bank statements). She is now the victim of identity fraud.

After discovering this, she fired her REMAX realtor for unprofessionalism. She continued to receive angry texts at 1-3 am over the course of the next two weeks. Today, she received a letter from the realtor's attorney claiming my mother had slandered her online with a Zillow Review.

Now, my mom is tech illiterate. She doesn't even know what Zillow is. There was a bad review posted about this realtor around the same time two weeks ago. The attorney is demanding the post be removed for falsifying fact and threatening a legal suit. My mom didn't make this post. For perspective, she still uses AOL.

Is this lawyer simply taking the realtor for a ride financially? Is there really a case here? I feel if anything, there should be a suit on the realtor's hands for an unscheduled appointment without supervision. My mom caught these strangers rooting through her personal information and logging it in an iPad.

How can my mom proceed from here? Should she ignore the letter or pursue counter action? I hope this post is within the guidelines. This is my first post here. For the record, my mother claimed to not have signed anything.

Edit: Location is Pennsylvania, US.

Answer:
 You're missing way too much here for us to help you.

First of all, she presumably signed a listing agreement if she was putting her house on the market. This agreement would include the agreed upon showing schedule, availability, terms, etc. A lockbox would have been put on the door as well, allowing realtors to unlock the home for showings, and recording every visit. With a lockbox, it would be nearly impossible for a bunch of random people, sans realtor, to show up and view the home.

Find out what really happened here and then report back. Answer #2: More information after drilling. There was an agreement signed with a lockbox. There is no copy for me to view/upload. Allegedly, it was in a folder in a kitchen drawer prior to a visit and then missing following it. During the viewing, there was an inspector along with the prospective buyers (which is normal from my understanding). The realtor says she doesn't know anything about it (again, not unusual). After she was fired, my mother has requested copies of the agreement and the realtor refused. Again, reminder that the realtor was NOT present.

I'm not sure this is sufficient yet, but it's what I have at the moment. I am doing my best to acknowledge my bias. This is part of my skill set in my career. Of course I take my mother's side, but I have done my best to ask the right questions and understand the facts.

Given the situation, without the agreement, it is difficult to determine if what transpired is legal. I understand if we can't proceed further from here.


Title: Husband Fired -missing two paychecks what to do?

Question:
My husband was fired on Friday in WV, USA.

I have already had him fill out unemployment in our state hopefully he will qualify.

The biggest issue I’m having it he is missing his paycheck from 12.10.18 They deposited 200$ which was only the PTO he cashed in the paycheck before, but they messed up and it went on this one.

Today he got his deposit for 12.25.18 and it was $22 and some change.So again they are missing pay about 3000. He is now fired and I don’t know what to do to help him.

He also has half a paycheck that he would of been paid 1.10.19 isn’t there a law saying if your fired they have a certain amount of time to get the money to you?

Answer:
 Is there a payroll department? Ask them. Payroll people don't care if you were fired or quit or whatever you're just another person with a pay check question. Resolving it internally is going to be much better if that's possible vs. an unpaid wage complaint. Answer #2: In WV they have 72 hours to pay you everything they owe you if they fire you. Your husband (not you, no employer should talk to a 3rd party about wages) needs to contact his employer, inform them he is aware that they have 72 hours to pay him what he is owed, tell them exactly what he believes he is owed (itemized, don't just guess), and let them know he will be filing a complaint if he doesn't have his check by close of business. 12/26. I doubt they are open today.  Then file a claim. Here's a link

&#x200B;

[https://labor.wv.gov/Wage-Hour/Wage\_Collection/Employees/Pages/default.aspx](https://labor.wv.gov/Wage-Hour/Wage_Collection/Employees/Pages/default.aspx)


Title: Do cops need a warrant to search a safe in your car?

Question:
Like if they pull you over and tell you to get out of the car so they can search it, do they need a warrant to open a safe like they do for your house?

Edit: Mass, and New Hampshire

Edit 2: Thanks for the quick and helpful replies!

Answer:
 If they have a right to search the vehicle, they have the right to search the containers in the vehicle.

United States v. Ross, 456 U.S. 798 (1982)