Title: Could the reading of a satanic curse (targeted at a specific person) be taken as a threat and result in legal consequences?

Question:
The curse is the Conjuration of Destruction from the Satanic Bible. Quoted below:

“Behold! The mighty voices of my vengeance smash the stillness of
the air and stand as monoliths of wrath upon a plain of writhing
serpents. I am become as a monstrous machine of annihilation to
the festering of the body of he (she) who would detain me.

It repenteth me not that my summons doth ride upon the blasting
winds which multiply the sting of my bitterness; And great black
slimy shapes shall rise from brackish pits and vomit forth their
pustulence into his (her) puny brain.

I call upon all 72 demons of the goetia to slash with grim delight
this victim I hath chosen. Silent is that voiceless bird that
feeds upon the brain pulp of him (her) who hath tormented me, and
the agony of the is to be shall sustain itself in shrieks of
pain, only to serve as signals of warning to those who would
resent my being.

Oh come forth in the name of ANDRAS and destroy him (her) whose
name I give as a sign.

Oh great brothers of the night, thou who makes my place of
comfort, who rideth out upon the hot winds of hell, who dwelleth
in the Devil's fane; Move and appear!

Present yourselves to him/(her) who sustaineth the rotteness of the mind that moves the
gibbering mouth that mocks the just and strong! rend that
gaggling tongue and close his (her) throat, Oh SET great king of terror...destroy his
(her) with your great power of chaos!!!

Oh Sekhmet GREAT LADY OF PLAGUE! Inflect illness and plague upun his (her) being leading to his (her) death,

To be judge by the mighty MaaT!!!

I thrust aloft the bifid barb of hell and on its tine resplendently impaled my sacrifice through vengeance rests!

AVE SATANAS! HAIL AMUN-RA! HAIL SATAN!”

Answer: Protected religious practice IMO


Title: can i sue an internet company and win due to emotional distress created by them?

Question:
I won't get into details about it, but I'm wondering if it is possible.
Topic:
Douche

Answer:
 Is it *possible?* Sure. Without knowing the details, your odds fall somewhere between "no chance in hell" and "extraordinarily unlikely".

Emotional distress claims are very hard to win on.Answer #2: Did they murder your child in front of you by any chance?


Title: Etsy Copyright Infringement Notices

Question:
I am a Dallas, Texas seller on Etsy and create watercolor greeting cards featuring characters from T.V. Shows and Movies. The paintings are completely original, but using the names and titles is getting me a lot of trouble with Etsy Legal. I just am not sure when I'm infringing, or how to tell what is copyrighted! I would love some help on this issue so my Etsy shop doesn't get taken down!
Thanks in advance!
Topic:
Intellectual Property

Answer:
 If you paint a character from a TV show or movie, then you're probably infringing the copyright of that TV show or movie.  Sorry.  [Here's some reading about this](http://www.ivanhoffman.com/characters.html), written by some lawyer.

If you use the name of the TV show or movie when advertising the character, you're probably infringing the trademark of that TV show name or movie name.  Trademark is infringed, when, among other things, a reasonable consumer would be confused by the name into thinking that the TV studio or movie studio is the origin of the product.


Title: Question Re: Short Term Disability Pay for Maternity Leave (FL)

Question:
(Florida) I'm an attorney at a firm in South Florida, and last October we had our insurance broker come in because we switched insurance providers.  In the meeting, the broker talked me into purchasing a short term disability plan, which covers maternity leave at 66 2/3% salary for up to 10 weeks.  The new plan went into effect on November 1, 2014.  Shortly thereafter, I became pregnant (around November 15, 2014, but date is unsure).  My due date is August 8, 2015.  I was filling out the requisite forms yesterday to submit my claim in advance to have my ducks in a row yesterday, and our broker told me that I would not be eligible as there is a 10 month "rule" wherein any child has to be born 10 months after the policy is signed up for.  He never informed me of this, and, in fact, told me the policy went into effect immediately.  (I am aware I should have read the policy itself, but I was not provided a copy until at least December.)  I did not think this sounded right, so I called the company directly, and they told me it is actually a 9 month "rule."  Therefore, as long as I have the baby on or after August 1, 2015 (9 months after the policy went into effect on November 1, 2014), then I am covered.

However, my doctor is worried I may have to be induced early, as I'm carrying a larger child and I'm on the small side.  I asked the insurance company about this, and they informed me that they go by the actual date the baby is born, not the day the baby is due.  Is this standard?  Can I actually be punished, essentially, with my claim being denied if I have a health problem that forces my child to be born early?  My due date is within the permitted time period.

Also, if I am denied the benefits if, God forbid, I happen to have the baby prematurely, would I have any recourse for damages against the broker, who not only misled me in his sales pitch, but was so ignorant to the policy that he thought it was a 10 month rule (this is all in writing/e-mails)?

I'm hoping this is a moot point, as I'll be covered as long as I make it past August 1, which is still before my due date.  But I would appreciate any insight on the off-chance that this becomes an issue, and I don't have the energy/time/brain power to address it once the baby arrives.  Thank you!
Topic:
Disability Issues

Answer:
 I can answer the insurance question, I'll leave the legal question to attorneys such as yourself, OP.  Yes, both 9 and 10 month exclusions are very common to prevent starting an insurance policy against an event that is almost certain to occur.  Offering STD benefits that pay out if a woman happens to give birth to a woman who's currently pregnant is sort of like starting a homeowners policy on a house that's currently on fire (sorry, I can't think of a better analogy).

In the broker's defense I will say (1) you weren't pregnant when you purchased the policy so I don't know what cause he would have to point out that one particular exclusion to you when there are dozens and dozens of causes of loss and exclusions contained in the policy and (2) by saying 10 months rather than 9 he was actually telling you you have less coverage than you actually do, which still isn't good, but it's better than telling you you have coverage that you don't.


Title: (GA) Anonymity for rape kits - following sexual abuse (F-16)

Question:
My previous posts go more in depth on this issue if more information is required.

In short, my girlfriend was sexually abused and possibly raped (she was passed out). She has decided to go get a rape kit done.

However, we are unsure of the process. Should see go the ED? Since she's 16, can she go alone and without anyone finding out about her going and the results?

She also has physical bruises on her chest. Will this be recorded too?

How/where are the results stored?

Can she choose to just keep the results stored so that they're available for her in the future if she doesn't want to go further with prosecuting the perpetrator at the moment?

Any advice is appreciated.

Answer:
 She doesn’t choose to prosecute. The district attorney chooses to prosecute. The results of the rape kit (which would include photographs of the bruises) are stored by the state and forwarded when necessary to the prosecutor.

Now, with an uncooperative victim, the prosecutor is unlikely to pursue the case, but it is *possible* for the case to proceed without her consent.

As for anonymity, I’m not sure off the top of my head. I’ll try to circle back once I’m in front of my computer (mobile legal research sucks).


Title: [CAN, ON] Closed down a joint Redbubble account because my partner told me to, and wired the money ($24 USD) to myself because last month, she got the payment ($36 USD). Now partner is pursuing legal action.

Question:
I opened up a Redbubble account (A website online that allows you to upload art; if someone orders, the website company will make the product for you and the amount that the person placing the order pays will be divided into a "base fee" for manufacturing and an "artist margin" that I will be paid) with someone from the United States. I am a minor and she is an adult. We both had the login information to the website. We used her contact information for everything, including payment; however, the artwork uploaded onto the website was mine - she did not contribute at all to the Redbubble. At first, I told her that she could keep all of the money made as she was not in the best financial situation, but after the first few orders came in, I decided that  I would like to receive compensation for my work. We never established a contract of any kind.

About a month ago (September 12th), I asked her about what was going to happen with the next payment ($36 USD) since Redbubble pays every 15th of each month. She got very angry with me and called me greedy. We left off the conversation without making an agreement and on the 15th, the money was deposited into her Paypal account. At the end of September (September 27th), I asked her to see if I could be paid some of the Redbubble funds to fund a purchase for a friend. She said that her Paypal was at sending limit and she was unable to give me the money at the moment. She never ended up sending anything.

A few days later, we were talking and we got into an argument where I expressed that I wanted compensation for my artwork and she referenced my previous words where I said that she could keep the money. Again, we did not come to an agreement about the money; I was extremely frustrated at that point and told her that she could keep the money and that I did not want it anymore. A couple of days later (on October 2nd), she messaged me expressing a desire to close the Redbubble account and I asked her if she wanted me to do it since she could not access it at that moment on her mother's data. She said "Yes. I literally never want to hear about it a day in my life again." She also expressed that she had withdrawn $20 from her bank account and was going to wire it to me on Paypal, but also said that she was going to commit suicide after that; I was scared, and thus did not give her my Paypal email address. Unfortunately I did not have time to close the Redbubble account until today, on October 14th. I did not speak to her about it. Before doing so, I changed the contact information of the account to mine (The name and the email), and also set the payment details to the email address on my Paypal account - I thought that instead of having her wire $20 to me herself, it would be better for me just to receive this month's payment ($24.05) without risking her ending her life. Then, I closed the account (and now it is irretrievable) like she asked me to.

She found out and immediately stated that she was going to pursue legal action against me (file a small claims court), saying, "You have no legal responsibly over my business or the name (Redbubblename), I do. You legally cannot do, say, change, or alter anything relating to it. You are a minor, you don't own that business name, and none of it was in your tax ID." I offered (and intend to) pay her the $24.05 once I received the money on my Paypal, however she was adamant about pursuing legal action, stating that I would have to reimburse her lawyer, her father and her for travel fees to see the judge, as well have a record on my criminal record and go to juvenile prison for it. I did ask her multiple times if I was able to compensate in some other way that was not court-related, but she was extremely adamant about pursuing legal action. The Redbubble name had the same name as her other company, where she sells baby clothes.

She has my address but does not have my legal name. What is going to happen to me?

Answer:
 First, stop getting in these arrangements.  Get your parents to make the account, not a wack job in another country.  Second, she isn't going to file a lawsuit against a minor in a foreign country. Just ignore the threat.Answer #2: Nobody's taking you to court over $24, internationally. It's not worth the expense and it's not at all clear she'd win.

Some advice for the future: unilaterally changing an agreement (even from an unfair one to a fairer one) doesn't work. In principle, you should have renegotiated how you were splitting the revenue, ideally in writing, and backed out entirely ("We're no longer doing business") if you weren't able to negotiate something you both like.

I believe I understand why you did that, and you _do_ deserve to get paid for your work - in fact, I'm not clear on why your former business partner should have been involved at all. I'm only saying that changing a bad arrangement takes both of you.


Title: Can a company charge an ex-employee fees to get their W2s sent to them?

Question:
My husband worked for a company for a very short time at the beginning of 2014.  He called them to update his address to get his W2s and they told him that they would be charging him a fee since he had not previously updated.

Is this legal?

Edit: hope I flaired this right. **We live in Minnesota, USA and the company is in North Dakota, USA.** Thank you!
Topic:
Other Civil Matters

Answer:
 Did they already send him a copy at the old address?

I believe that a company can charge for a duplicate.


Title: My father isn't responding to my requests to get my personal belongings back, including military uniforms. Can I handle this without involving a lawyer?

Answer: Need more info. If yo are in military don't yall have free legal advice yall can tap into? Answer #2: It's all settled, as soon as I mentioned going through public records to get his information and subsequently having to go to his address to get it he answered and said he'd get it to me. Thanks


Title: I made a huge mistake

Question:
Ok, I want to start off by saying I was stupid. I live in Virginia and my license was suspended for failing to pay court fines. Despite that I decided to drive, got caught, did my time, paid those additional fines. I've since have paid off the DMV re-instatement fees and am a mere $35 and days away from paying off the earlier court fines for a non-violent trespassing case.

I was looking over the compliance sheet and it stated I have to get a restricted license by petitioning the court. So I have several questions I desperately need to ask you guys about! I do want to thank each of you ahead of time and yes, I won't be doing that dumb thing again.

1. How do I petition the court? Do I have to get a lawyer?
2. How long am I stuck on a restricted license?
3. How do I get back to a regular license?
Topic:
Traffic and Parking

Answer: [Here](http://www.courts.state.va.us/forms/district/dc263.pdf) is the form you need in PDF and [here](http://www.courts.state.va.us/forms/district/dc263inst.pdf) are instructions for filling out that form. Best to take this to your county's District Court clerk's office and ask them for help filling out the form, as /u/i010011010 suggests.


Title: (USA-NC) Carrying Concealed Weapon Charge - Do I need a lawyer?

Question:
No criminal history
it was an accident (had gun in my bag)
its a class B misdemeanor in NC.

Since then I have taken a concealed carry class and have applied for a concealed carry permit.   I was told by some lawyers (sounded very confident) that it can be dismissed.

I dont really have the $200-400 to spend on a lawyer.  Can I somehow get it dismissed by myself? or do I need the lawyer to use his "connections" to get it dismissed.

Thank you!

Answer:
 You can sell your gun(s) to pay for a lawyer. You want to do everything you can to avoid a criminal record.

>  Can I somehow get it dismissed by myself?

Why would it be dismissed? By your own narrative you are guilty.


Title: Every one of my coworkers is getting an employee benefit which is being denied to me.

Question: [deleted]

Answer: Not illegal unless it's not being offered due to a protected class characteristic. Not all employees have to be given the same benefits.


Title: A drug dealer used to live in my house (CT)

Question: My husband and I bought a house in February.  We learned a few months after we moved in that a twice-convicted narcotics dealer lived here.  I learned that when a marshal showed up looking for him.  Since then, we've gotten mail for him from the courthouse and just today I got a visit from a woman who was looking for him.  She didn't say who she was, so I asked who told her that he lived here, and she said "a lawyer".  So clearly, the law thinks he lives here, and being the anxious person I am, I don't like this.  Is there anybody I can contact to make it known to the courts that he doesn't live here?  I'm scared that the marshal didn't believe me and the dealer is going to commit another crime and I'm going to have my door broken down by a SWAT team in the middle of the night.  HALP, PLZ!!!

Answer:
 Also consider giving the house a very good search. You never know what might be hidden in there.Answer #2: Contact your local police department. There might not be much they can do, but it may be that your address is listed as his "last known" in NCIC. They may be able to update this information, or at least advise you on how to do so. Unfortunately you may continue to get inquiries from skip tracers, debt collectors, bond agents, and the like. There's not a whole lot you can do about that.

A raid is very unlikely.Answer #3: Personally I'd be more worried about some of the dealer's former associates turning up, maybe thinking there was drugs or money hidden inside the house.  I've read news reports of situations like that, people getting their door kicked in and held hostage while druggies ransacked their home looking for a stash that wasn't there.  Don't mean to scare you, but I hope you have a good security system in place.  And cameras, in case of a break-in when nobody's home.


Title: Slick play from higher education institution will cost me thousands of dollars...attorneys of reddit, do I have any legal recourse?

Question: [deleted]

Answer:
 /u/i_work_in_hied want to chime in

Why is the option from the Dean not acceptable anymore?


Title: My mother suffers from two failed back surgeries in the 80s, and it's covered. Her condition has worsened, is there anything we can do?

Question:
We live in Tampa, Florida.  She settled back in the 90s, where the company where she was injured covers her medically.  She requires two nerve blocks a year (Although it should be three, she's in pain about the fourth month in).  She takes medication for pain management, muscle spasms, etc.

The thing is, her condition has gotten worse.  She can no longer work, and because of her pain medication is schedule two, it makes getting her pain medication on a timely basis a pain in the ass.  As such, she ends up stretching, and running out of, her pain medication.  Since it can be up to two-three weeks before she gets a refill, she can't do anything for a few days after receiving a refill, since her body isn't used to the levels of pain medication she takes.

So, give all of that, what is the best course of action?  What can we do?

Answer: If the case has been settled, she can't reopen it to ask for more.  The legal system has done what it can.  If she's getting her medical care covered, she should talk to doctors about other options.


Title: Bought a business with brother, is insolvent, agreed to pay previous owner as a contractor through the business, he wants us to pay him personally

Question:
I'm wondering if the previous owner has a leg to stand on here, Indiana, USA.

My brother and I bought the small software business, s corp, where my brother worked (and where I was previously employed as well). My brother remained employed as the sole employee We trudged along for a 1.5 years but it's become clear that it's not going to make it much longer (missing payroll) so when my brother was offered a job recently making much more than he had been making, with health insurance, we decided to close up shop.

We bought the business by agreeing to take over the business and  pay off all of it's debt (~50k, which the previous owner had personally guaranteed), we also agreed that the business would pay the previous owner as a contractor, for his support in the process of handing things over, $2,600 quarterly for a total of $31,200. The debt has been paid off, but only 1/3 of the contractor payments have been made. The previous owner appears to want us to pay him personally which we will not do as it was explicitly stated in the contract and our contract discussions that the business was to pay that. No lawyers have been involved yet, but I suspect it's coming.

I stupidly did the contract myself based off of a template so I'm a little concerned a lawyer could try to pick it apart somehow, but I'm not sure how. What kind of concerns should I have? We haven't declared bankruptcy with the business yet, we are waiting until a debtor comes after us (the old owner had previously stated that if the business went under he wouldn't come after us) we have just enough funds right now to declare bankruptcy.

Here is the clause for the contractor payment under additional terms of sale in our purchase agreement:
>Seller Ongoing Support
>
>Buyer and Seller agree that the Seller will continue to do sales and consultation for Business as an independent contractor for 3 years. The Business, executed by the Buyer, will pay a quarterly payment to the Seller of $2,600, first payment due July 1st, 2016, until a total of $31,200 has been paid. In the event that the Seller is deceased before final payment is received, the Sellers estate will receive the payments until final payment is fulfilled.
>
>
>
>For any sales to new customers, as opposed to the Businesses existing customers, made by the Seller, a commission will be paid of 25% of the sale price. For any sales to existing customers, made by the Seller, a commission will be paid of 15% of the sale price. This commission will be paid on the next quarterly payment after the payment has been received. The Business, executed by the Buyer, will be ultimately responsible for determining quotes, prices and final terms of sales to any customers.
>
>
>
>This commission will be paid on the next quarterly payment after the payment has been received. If the customer pays 50% up front, then the full commission will be paid the next quarter after that initial payment is received. If the customer chooses to pay through a lease then the sales price will be divided into payments payable over a number of years, the commission will be paid on the sales price when those payments are received.

Edits: clarification, formatting

Answer:
 Get an attorney to straighten this mess out.
You signed a contract to buy a business, that said the business would pay him $2600 quarterly for three years, the business is not yet bankrupt, and yet you are refusing to pay the former owner.

*edit* Also, do not write up your own business contracts.   You include a clause saying that the seller will continue to do sales and consultation for the business and in return you will pay him $2600 quarterly , but the payments continue even if the seller is dead.  Really?


Title: No meal or normal breaks

Question: So in the state I work in we are allowed a 10 minute uninterrupted break for every 4 hours worked. We are also allowed a 30-minute meal break for every 5 hours worked. With that said my current employer doesn't allow for us to have any break no matter how many hours we work. I am currently on my 9 hour shift which is going to go without breaks. I am posting this before he arrives. What can I do? What should I do?

Answer:
 Just because you're boss "doesn't allow breaks" doesn't mean you can't take one. He can't force you to work a 9 hour shift without giving you a lunch.

PS. If you work 11 hours, you're entitled to a second lunch.


Title: NJ - Advice on "39:3-40- DRIVING WHILE SUSPENDED OR REVOKED"

Question:
A quick summary on my situation:

I was convicted in November for DWI, my license was suspended for 7 months. I made the mistake of thinking I would be able to drive to the store a few blocks away from my house, was pulled over for my tinted windows and was ticketed for driving while suspended(from DWI). Stupid decision I know, and I blame only myself of course.

Now the enhanced penalties for this are:

* Minimum 10 days in jail
* Suspension increased an additional minimum 1 yr
* Registration revoked for remainder of suspension period.

Now my main concern is my job, I work security which requires a SORA license from the NJ State Police and I am the main provider for my family.

1. How definite is the jail time for this offense?(I did not receive jail time for the DWI)

2. Is there any comprises that would be available such as community service or something similar?

3. Will this cause an automatic suspension/revocation of my NJ SORA since it is categorized as a 4th Degree Crime.

**4. Is there anything I can do to save my job?**

My lawyer has told me that he does not think he can get rid of the jail sentence associated with this, but figured I'd get different opinions.

Is there hope or am I screwed?
Topic:
DUI

Answer:
 > How definite is the jail time for this offense?

I don't see any wiggle room here.  The statute is clear, and the courts clear on their interpretation.  You're almost assuredly doing ten days.

> Will this cause an automatic suspension/revocation of my NJ SORA since it is categorized as a 4th Degree Crime.

According to what I'm finding, your first driving while suspended, even after a DWI, is not a fourth degree crime.  You might be OK there.


Title: I want to create a startup that uses my current company's products. How can I avoid my current company claiming my intellectual property and avoid conflicts of interest.

Question: I'm living in Texas after finding a job there recently. After working here for a short while I realized that I could use the products that the company sells to provide a service. This start-up idea would not compete with my current employer and would purchase said products from my current employer. I like my this company a lot, but I'd rather not be in a situation where they can claim ownership of a company that I built or the idea behind it. I also don't want to violate our code of ethics which states that I should avoid taking opportunities for my own benefit that were discovered in the course of employment that I have reason to know would benefit the Company. Can I still create this start-up or should I try to do some sort of internal project proposal?

Answer: I'd recommend you not work for your current employer and also try to run the new business at the same time.


Title: Possibility of Law Suit in Fiction Writing?

Question:
LOCATION: Texas, United States

So I'm writing this short story (perhaps series of short stories) that I'd like to publish.  They're truly fictional, completely pulled out of my ass, but they're written in an almost documentary-like way.  I'm doing this as a way to create more authenticity.  As a storyteller, whenever an author addresses the artifice of his medium, it disappears, which in turn makes the stories more powerful.  And believe it or not, these stories are actually about something I believe in, the things that matter to me, and the problems I see in society and my culture.  The more people whose attention I catch, the better.

So the book itself with be prefaced with an incredibly sober disclaimer about the out and out fictional nature of what the reader is about to encounter.  It was literally have the phrase, "...not a single word or claim in what you're about to read is true; I've made every bit of it up.  I'm required by law to write this..."

But when the story starts the narrator will immediately contradict herself.  She will have a phrase like, "...I've changed the names, dates, places, etc to protect the anonymity of the sources.  But make no mistake, every word of this is true.  This really happened..."

It's this kind of doublespeak that I hope will put the question of whether the book is real or fake.  Moreover, through the structure of the stories--the narrator's casual, colloquial tone, the plausibility of the events happening in real life, the life-like names and dates and places--the reader should really feel like every aspect of what they're reading could have happened.  A novel like *Lolita* should give you an idea of what I'm going for.

So here's my problem.  The stories are loosely based on things that "might've happened" at the Olympic games.  No character in the story will have any real-life counterparts.  I know no one who has been to the games, only the stuff I've read on the internet.  Never in the story will the word "olympic" be used; I'll just let the reader know I'm talking about a multi-sport event held every few years throughout the world, which has an opening and closing ceremony and that awards medals to its winners.

My question is simple.  If I don't use the Olympic brand, don't base the stories off anyone in real life, and have a sincere disclaimer at the beginning of the book, could I be sued?
Topic:
Intellectual Property

Answer:
 > I'm required by law to write this..."

Don't say this because it isn't true.  All you need to say is that this is a work of fiction and any resemblance to real people or events is coincidental. But you are not "required by law" to write that, and if I saw that in a book I'd think the author was an idiot and put it down.

>My question is simple. If I don't use the Olympic brand, don't base the stories off anyone in real life, and have a sincere disclaimer at the beginning of the book, could I be sued?

Anyone can be sued for anything.  Lawsuits about works of fiction are [rarely successful](http://neil-angeles.squarespace.com/blog/2003/10/6/libel-lawsuit-against-author-of-primary-colors-dismissed.html).

As for the use of the Olympics in works of fiction, there are [many references](https://www.kirkusreviews.com/features/game-romance-novels-inspired-olympics/) for its use as a location.  Just don't tarnish the brand itself.  If you are really worried change the name.


Title: [CA] Consented, now shes claiming Rape

Question: Hi legal advice, I have been super stressed out by a situation that has happened about two months ago. My friend and I we're very close and we both decided to hangout over at her place and she offered to drink beer (Both underaged her 20F, me 19M at the time, Me who drank about 6-7 beers, while she had 2). We both started flirting with her roommates/friends around and we both went to her room. It was late and  after flirting I touch her leg and she says "you're getting a little handsy", then I ask her if that was okay, she responds "well if it wasnt I would have said something". So we continue and eventually we make out and start undressing. She was unsure, and so I wouldn't go any further than making out, she then says "I guess I can't say no at this point". And taking that as consent we continue, she continues to tell me to do things like sex positions and after to run my hands on her back and to join her in the shower if I wanted to. I did, and then we slept together. The one promise was that I wouldn't tell anyone. I woke up and went to work. She texted she liked it but she wasnt mentally comfortable with it. I said alright, and gave her space telling her she can talk when ever. I did tell two people, this caused her to be angry. And then claimed she we was blacked out, that her room mates told me to leave (when they didn't) and have been spreading the idea that she was almost blacked out and I raped her. My fraternity has suspended me saying that it is a risk if she files a Title IX case against me (because she couldn't consent, but then again I couldn't either?), they believe in cases like this, the guy is at bias fault. She even texted me recently saying she didn't mean for any of this to happen (even though she directly contacted my fraternity). I was told to move out of my fraternity house because she can come anytime and the fraternity is worried she will file something. Many of my brothers, consider me a rapist now.. Any advice?

Answer:
 Don't talk to anyone about it.

If you are charged or the school tries to discipline you, get a lawyer.Answer #2: So if a detective or someone calls you and tells you they don't really believe her story, because who the hell would black out after 2 beers(??), but they just want to ask you a few questions to completely rule you out so a case doesn't need to be filed, what are you going to say to them?


Title: If my father has rights to a piece of property and I have a signed power of attorney, can I put my name on it also? (TN)

Question:
I’ve posted once here before and got lots of help so here I go again. My grandfather died with no will, leaving his property split between all his children, only one of them has actually had their name put on the property showing ownership, my father has not. My father is in very bad health, and I fear that if something happens to him that the family will force me to leave the house that I’ve spent thousands renovating for my father’s accessibility as well as my belongings. I’m working on getting my things out of the house, but is there any recourse I can take to protect myself from my uncle walking in and telling me to leave because it’s all his?
Topic:
Real Estate law

Answer: So you are living in a house that is deeded to your uncle?  You can use the POA to petition a court to have your father's name added and his other siblings, on your father's behalf.  Adding your name to the deed is not something that a POA can be used for; you can a POA to represent your father's interest, but not your own.


Title: [arizona] My condo's HOA is increasing dues and hasn't replaced the unsafe roof to our unit

Question:
I'm looking for some general information about what I can do about my HOA.  I have been living in the community for 7 years, and when I moved in I was told by my realtor that the entire complex would be getting new roofs (the old ones are wooden, rotten in some places, moldy in others).  I can't find anything in my CC&Rs about a timeline for this project, but good news!  Every roof has been replaced but ours.  It was a costly project, because there has been a 30% increase in dues recently passed with a vote.  There are several major projects listed in our annual budget, none of which have come to fruition.

My question is as follows: do I have any legal grounds to resist the HOA due to lack of maintenance on the roof?  I have no other problems with the community, and after reading some horror stories on this sub I wonder if it's even worth pursuing.  I am frustrated, though, that after paying my dues and abiding by every rule and restriction, I *still* have a horrifyingly unsafe roof.  Shingles are constantly falling into my yard and it's beyond unsightly.  There is a board of directors meeting scheduled soon and I would like to attend.  If there is something I can do to better prepare, I would appreciate the insight.

Thank you!

Answer:
 You will probably be better off going to meetings and bringing up the issue and looking through your HOA charter to see what means within the HOA you have to get it done.

There might be a way to hold funds but there is definitely a few other methods you have to do legally before you hold funds.Answer #2: Your CC&R will likely dictate this.  But you have two separate issues.

1.  The maintenance on your roof - Go to the board meeting, be polite but firm that your roof is in poor condition and needs to be repaired ASAP like all the other units.  Push for it to be a precedent over the other projects.

2.  The rise in dues - Likely, you have no recourse on this.  As it was voted on and implemented, and as a member of the community, you're bound to it just as anyone else is.Answer #3: This is likely more of a political issue than a legal one. If your HOA is not doing a good job then it's time to replace the people in charge with people who can do the job.


Title: Car dealer won't take me off marketing lists. Can I capitalize on the FUBAR they just texted me?

Question:
Half tounge in cheek, half seriously thinking of going in to annoy the sales manager.

Bought a new car in 2012. Past couple of years, they've been calling trying to get me to come in and trade it in. I've told them every time that I'm not interested, asked them to remove my name and number from their call lists, and moved on. It's a minor annoyance, but not something I've really cared about.

Today they texted me:
Hey <BePokemaster>!

We recently changed ownership over here at <redacted> of <redactedville> and I was reaching out to invite you to our grand opening, on February 15, giving you the opportunity to upgrade your vehicle for the same cost in payments!

We see you've purchased a vehicle from this location before and would love to keep doing business with you.

Me:
I purchased that car in 2012.
My payments are 0

What model of vehicle am I going to be able to upgrade to?
Since mine is the fully loaded tech/sound/leather <mid-sized coupe>, is a base <top end sport coupe> out of the question?
Very excited about this opportunity. Thank you!

My question; if they don't give me a free car, is it false advertising? 😆

Answer:
 >My question; if they don't give me a free car, is it false advertising?

Absolutely not.


Title: [FL] Found out co-worker has a felony after he was already hired. Anything my company can do if I inform HR?

Question:
MY company seems to be afraid of this certain employee and they won't do anything to get rid of him because they are scared of a lawsuit. He makes managements life a living hell and recently wrote to the Equal Opportunity firm or something about our company being discriminatory and for favoritism.

This company is extremely diverse in the people that work here and no favoritism is ever shown to anyone. Management tries to work with people if they have kids and what not is all.

Answer: Did you assume management doesn’t know? Why is it relevant or any of your business?


Title: [USA, MN] Company wants mandatory training before hiring.

Question:
A company that has extended an offer for employment to me that is conditional on my completion of two weeks (~80 hours) of unpaid online training. I have never encountered this before in my working career.

This is a medical scribe company and the training is (from my understanding) a certification to be a medical scribe. I asked them about this and their response stated that because I can not be an employee of the company until I complete the training their actions are legal. I tried looking through my states Dept. of Labor regulations but couldn't find anything related to this. Can anyone help me clear this up? Are they not legally required to pay me for this training?

Answer: Are you asking if an employer can extend an offer contingent on your being qualified and then provide the means by which you can get the qualification?Answer #2: It's not illegal to require certification before getting a job offer. Are they charging for this training?


Title: $255 Handicap Parking Ticket [FLORIDA]

Question:
This past weekend I was at Publix, my local grocery store. The store is located within a shopping plaza.

I parked in the 1st **non-handicapped spot**, closest to the front door.

When I pulled in there was a large truck 2 spots down taking up more than its space. Causing the car to my right to be slightly in my space.

[Here is my parking position in question.](http://i.imgur.com/ecqjnOF.jpg)

When I returned, 5 minutes later, there was a traffic officer writing tickets on no less than 6 other cars, with the same exact offense, of just being on the line.

Both of the vehicles forcing my spot to be shifted did not receive tickets.

On my windshield was [THIS $255 TICKET](http://i.imgur.com/1WZkKln.jpg).

Florida Statute 316.1955.2 states:
*It is unlawful for any person to obstruct the path of travel to an accessible parking space, curb cut, or access aisle by standing or parking a vehicle within any such designated area. The violator is subject to the same penalties as are imposed for illegally parking in a space that is designated as an accessible parking space for persons who have disabilities.*

First, I was not **on** Belcher Rd. I was in a parking lot off of Belcher.

Also, the "beat" of **BEACH** doesn't make sense because we are 10 miles from the beach.

The sign for the handicap spot does not acknowledge a van access zone. [Here is the sign.](http://i.imgur.com/H7PI591.jpg)

As soon as I asked to speak with the parking enforcers, they both jumped in their car, and drove off; not saying a word to me.

This was an absolute mistake, as I would **never** park in a handicap spot.

Is there ANYTHING I can do???

Help me Reddit...you're my only hope.

Answer:
 You were over the line. That space is there so that someone in a wheelchair van can get out. With you there, that may not be possible, thereby making the spot unusable.

Clerical errors on a ticket do not invalidate the ticket.

You can go to court and explain but, IMO, you were violating the law that you were ticketed for. Answer #2: You did not park directly "in" the spot, but you did cover part of the spot.

Handicapped parking spaces are designed so that there is adequate space for a handicapped person can safely get in and out of their vehicle.

The fact that you were covering part of the line reduces the utility of the handicapped space. It is possible that someone would not have been able to safely get in/out of their vehicle due to the fact that your vehicle was taking up some of the handicapped space.

> Both of the vehicles forcing my spot to be shifted did not receive tickets.

That doesn't matter.  *They* did not park in a handicapped space.

You were not forced to park in this space - when you saw that you were not able to park there without infringing on the handicapped space, you could have parked somewhere else.

You can try to fight it and hope for a sympathetic judge, but you did violate the law technically.

Regarding your question of the location/beat: it is not uncommon for a parking ticket to state the major road or intersection.  "Beat" refers to the police-assigned territory where the ticket was issued.  You may have been 10 miles away from the beach, but you could still be in the "Beach" beat based on how the police force zones beats.


Title: Legal advice to help my Girlfriend

Question: [deleted]

Answer: She's under 18, so she can call CPS. Or just walk into a CPS  office. They can get her shelter, food, medical care, etc.


Title: legal advice regarding certified auto dealership

Question:
[deleted]
Topic:
Consumer Law

Answer:
 Speaking as a former auto repair guy, if a customer came in carrying on about dying and so forth because the belt came off I'd be outright mocking him after he left. Nobody died, and you would probably have been able to drive it in.

You still had steering. You might have lost power steering, but most cars don't actually need that at highway speeds anyway.


Title: What would happen if I created a fake passport of the Nagorno-karabakh Republic, South Osetia, etc [usa]

Question: Okay me and some friends have been long at debate over this question. To start it off identity fraud is a major crime itself. But faking a passport is much worse than faking a state ID because a passport is a federal document. Our issue is the matter of the federal part. A nation such as the Nagorno-karabakh Republic or south ossetia is not considered a nation in the eyes of the United States government. So there is no federal authority over the passport. So creating a passport from one of those countries would be about as valid as making a passport from Sealand or just saying my house is a country and making a passport for it. However my friend says because it is still a non novelty form of identification you would still be forging one. I want to know your opinion on the question.

Answer: It would depend entirely on what you did, or tried to do, with it. If you kept it at home or used it as a bar trick to amuse people, it'd probably never be an issue. If you used it to purchase liquor (a passport is photo ID), or to cross a controlled border? Jail time.


Title: Divorce paper wording - is this normal? [IL]

Question:
Hello, I am in the process of getting divorced.  I left my husband, and he filed for divorce (irreconcilable differences), like we both talked about, it has been fairly civil, we do not have any kids or property together, I thought it would be fairly clean.

I signed some papers his lawyer sent me ("entry of appearance" and "judgment for dissolution of marriage"), which I read and agreed to, said all the normal stuff, like we'd both keep our own stuff in our possession, maintenance is denied to both parties, etc.

I recently received a summons - I was under the impression I wouldn't have to show up to this, which is why I'd signed the entry of appearance.  Is this normal?  It says some scary all-caps stuff like, "You are summoned and required to file and answer in this case, or otherwise file your appearance in the office of [where my husband lives].  If you fail to do so, a judgment or decree by default may be taken against you for the relief asked in the petition."  I'm going to assume it's just scary all-caps for people that didn't sign an EoA, but I did, so I'm good, right?  I don't have to show up, correct?

Second part of my question is, in the same summons papers, under the "petition for dissolution of marriage" part, it says all the normal stuff, our ages, where we live, why we want to get divorced, we get to keep our stuff, etc.  But then it says, "WHEREFORE, Petitioner, [my husband], respectfully prays as follows:

A) That the bonds of matrimony currently existing between Petitioner & Respondent be dissolved.

B) That each party be responsible for their own cost of attorney's fees and court costs incurred as a result of the foregoing action.

C) That the Petitioner be awarded all of his non-marital property.

D) That the Petitioner be awarded his just proportion of the parties' martial property.

E) That the Petitioner may have such other and further relief as may be just and fair."

Soooo.  My question is about D & E.  What -exactly- do those things mean, in layman's terms?  E has me freaked out, because it kind of sounds like he can ask me for stuff later, after we're divorced.. is that a thing?  Or am I misunderstanding?

**TLDR;** What does "That the Petitioner be awarded his just proportion of the parties' martial property." and "That the Petitioner may have such other and further relief as may be just and fair." mean, specifically?

Also, real quick, sorry about the wordiness, and general lack of legal knowledge, I am young and dumb.  But appreciative of your time and help.  Thank you!

Answer: D is just asking the court to give him his fair portion of the marital property. E is a catch all that asks the court to do whatever they think is necessary.


Title: When are police allowed to enter your house without a warrant?

Question: I'd like to know all the ways in which police are allowed to enter your house without a warrant.

Answer:
 http://www.policemag.com/channel/patrol/articles/2014/02/constitutional-home-entry.aspx

Realize that the Fourth Amendment is the subject of an entire semester of study in law school, so even the most basic of summaries can't possibly capture all of the contours of the law.


Title: [Michigan] How do I ask for an adjournment in a family law case?

Question:
Hey dudes!

Today I was served with papers from my baby daddy's attorney notifying me of a custody hearing this Tuesday (May 26).  The Proof of Service is signed by the attorney's secretary stating she mailed the notice on May 1st, however the envelope is post marked May 19.  Michigan law states that the other party must be notified nine days before the hearing.  How do I respectfully ask for an adjournment to have time to retain an attorney? (Also, does it even matter if she signed it saying she sent it out? Do I have any recourse here?)

On a related note, I actually found out about the hearing two days ago when I called the court house for an unrelated matter and the woman I spoke with mentioned it was coming up.  He filed a motion to change custody.  I filed a response to the motion this morning, but it was late because I didn't know until it was already late.

I've filed the right paperwork (including an affidavit I wrote stating I hadn't been served with a notice), but every attorney I've spoken to can't take this case on such short notice.  I just need a little more time to find a lawyer.  Any advice would be so very much appreciated.  Thanks!

Answer:
 Call the attorney and ask him to adjourn the hearing. If he won't agree or if he won't commit, file an immediate response with the court stating that you weren't timely served (and attach a copy of the envelope showing the postmark as evidence) and that you need more time to write and file a response to the motion.

But be prepared for the judge to say that the tardiness of the service only excuses or extends your deadline to file and serve a timely response. The purpose of the service deadline is to give you time to write a response, not to hire an attorney.


Title: (Australia) Quit my job, gave correct notice, but they continued to pay me. Now they are demanding I repay the amount overpaid. Am I legally obliged to?

Answer:
 If they *failed* to pay you for a while, would you just let it go, or would you want what you were owed?

I have no idea about Australian law, but you almost certainly will have to repay it.Answer #2: In the US, you would be expected to stay on top of your finances and notice that your former employer was still paying you. Similarly, if they mailed you a check and you deposited it, you would be 100% on the hook to pay it back. Not sure how different it is in Australia but I imagine it's identical.


Title: Is it against the law for an adult to purchase beer while accompanied by a an 18 year old?

Question:
My girlfriend is 31 and some gas station lady was giving me and her shit about it. Being a bitch and making several unnecessary rude comments.
Kinda felt harassed.

Answer:
 The attendant is free to deny you service for nearly any non-discriminatory reason.

Thinking that she was buying beer for you - in other words, committing a crime - is a great reason.


Title: Need legal advice please

Question: I am 17 but i was 16 at the time i got raped by a 20 year old man who was my boyfriend , i do not know if i want to persue a legal rape case against him yet but i want to know if i can do it when im 18 so my parents will not know . i live in the state of rhode island i do not know what to do i am scared

Answer: I'm sorry this happened to you. If you choose to pursue it, you need to do it now rather than later. Even if you're 18, your parents are still likely to find out about it. All of this will be public knowledge when you become an adult. You stand a better chance of having some anonymity while you're still a minor. Regardless of what you choose to do criminally, you need to seek counseling. Answer #2: You might want to consider contacting [RAINN](https://www.rainn.org/about-national-sexual-assault-telephone-hotline). They can likely help you get resources locally. Organizations often have victim/survivor advocates, whose whole job is to help people like you in situations like this.


Title: (SF Bay Area, CA) Speeding ticket for minor?

Question:
Hi guys, using a throwaway.

As the title states, I'm a minor, with a provisional license. Earlier today, I was cited with a ticket for going 90 MPH in a 65 MPH zone.

What are some ways to fight the ticket? I know that due to my current status, receiving this ticket will have much worse consequences than most. The ticket states "Speed Approx. 90 MPH". Does this mean that a radar gun was not used, and therefore is judged by the officer's view? In addition, my insurance was not listed correctly. Does this help?

In addition, I have no prior convictions, Honor Student, etc... So basically a clean slate.

Will hiring an attorney help me that much more? And if so, what is the likelihood that I will be able to avoid license suspension/ticket costs?

In addition, what are some things that I am eligible for to reduce the points/costs (traffic school, etc..)?

Thanks for the help in advance!

Answer:
 >What are some ways to fight the ticket?

Hire a traffic attorney, ask your parents for help.

>Does this mean that a radar gun was not used, and therefore is judged by the officer's view?

Perhaps, it's still going to be tough to contest at 25 mph over.

>Will hiring an attorney help me that much more?

Most likely, considering your age you REALLY need to knock it down as much as possible. Your insurance premiums will be so high it's going to be tough to afford to drive.

>And if so, what is the likelihood that I will be able to avoid license suspension/ticket costs?

Avoiding costs, about 0. Most pleas involve increased costs for lower points or a lower violation. Due to your provisional status, you may be looking at a suspension.

>In addition, what are some things that I am eligible for to reduce the points/costs (traffic school, etc..)

You *may* be eligible for traffic school, I believe it varies by court in CA. I'm not familiar enough to weigh in there.

 /u/Kelv37 may be able to weigh in as well.


Title: Just signed a lease for a house and my landlord is asking for the more money which wasn’t on the terms [CA]

Question: What the title says. There is backstory, we find this house on craigslist and the landlord seems to be foreign, not sure where. But he explicitly told me before and on the lease document said that to begin living there we had to pay the first months rent and the security deposit. We schedule to move in Tuesday but he saying that we now have to pay the last months rent and saying he won’t  send us the keys unless we do. He keeps saying his lawyer this and that, but I’m pretty sure that I already signed the terms and he can’t be asking my roommates and I for more money right? We really have that money right now. Please Reddit, help me out here. Poor college student trying to scrape by.

Answer: If you have not met the landlord in person, if you have not actually seen the inside of the property, and if everything is being done through the mail and over the phone, then this is likely a scam, and your security deposit and rent money is likely gone.


Title: Is it illegal to sell a product which will most likely be used for illegal purposes? (Hiding drugs)

Question: If in marketing material doing this is never advocated or even acknowledged, is it illegal to sell products that is common sense to most people to use to hide drugs? However in advertising the product is shown hiding things like smarties (California, selling globally)

Answer: If it's a hidden compartment in a vehicle, then [definitely](http://www.wired.com/2013/03/alfred-anaya/).


Title: [Indiana] My son is being bullied at school. The administration hasn't stopped it. What are my options legally? Sue the school? Can I file assault charges against the other children's parents?

Question: [deleted]

Answer: You're going to have to give us more information than that. Answer #2: The other children's parents are not going to be guilty of a crime because if their childrens' behavior. Why would you think that is an option?


Title: [New York] I live in an apartment building and my downstairs neighbors smoke weed, which fills up my apartment. Is the law on my side?

Question:
Hi guys. I live in an apartment building in New York. My downstairs neighbors smoke weed almost every day, and it permeates my apartment each time. It's really unpleasant and sometimes forces me outside. I have no moral problem with drugs or anything, but I hate smoke and the smell.

I just slipped a note under their door today (I'm pretty non-confrontational) with a polite explanation of the situation and a request for them to smoke near a window or something. Maybe that will help, but if it doesn't...

What sort of recourse do I have? Is housing and/or criminal law on my side in this case if I complain to management? I'm not not sure what to do if it doesn't stop.

Answer:
 >What sort of recourse do I have?

You can notify your landlord.

>Is housing and/or criminal law on my side in this case if I complain to management?

Depends.  Is the person  using medical marijuana?


Title: [NJ, USA] Got my first driving ticket for too many passengers under my Probationary driver's license.

Question: [deleted]

Answer:
 Go to court and plead not guilty and ask for leniency.

> I was caught over-speeding by 15 MPH in a 45 MPH zone. The reasoning for that was entirely my fault, as I was dozing off and didn't realize I was picking up speed after going down a bridge.

And don't say that. And stop falling asleep at the wheel. Your nonchalant attitude about that is concerning.


Title: bought a truck, found out the odometer has been rolled back. (located in Ontario, Canada)

Question:
I am going to start this post by saying that I am an idiot, in retrospect I should have probably done many things to avoid this.

Long story short is that I bought a used truck, its a 96 gmc 4x4 diesel. The add specified that it had 124 000 km on the truck. I spoke with the owner of the truck though text messaging for a few days before we finally came to an agreement on a price. I did go down to his place to look at the truck.

he let me know of all the repairs that had been done on the truck and stated in text that it only had 124 000 km ( along with the add ) I knew the truck needed some body work and I was ok with that, the low mileage is what sold me on this deal.

Friday night he said he would drive the truck down to my place to make things easier on me and I was ok with that. I gave him the cash and he signed over the ownership. He missed a few fields on the ownership ( noticed this after, and yes I am an idiot ) So that was it.

I woke up the next morning and was going to clean the truck out, this is when things started to go bad. I found an old oil change sticker that said 390 000km on it. This started setting off the red flag. I dug though the truck and found the other page to the emissions test, that page was only a few days old and it said 411 000 km. My heart skipped a few beats and I started to become enraged. The odomitor reading said 124 000 km , how did he do this. I started looking closer, the glass that is supposed to cover the gauges was not even there.

I have called him and he does nothing buy yell on the phone. I text him and he just keeps making excuses as to why he can not talk. I started looking around on the internet , searching with his phone number and found at least 4 other cars that he has sold this year ( curbsiding)

I just want to know, how screwed am I here? is this going to be a civil matter? take him though the courts?

any and all advice would be greatly and truly appreciated.

Answer: Hiw much money are we talking aboot?Answer #2: Not sure if it helps but you should of gotten a UVIP https://www.ontario.ca/faq/used-vehicle-information-package-required-all-sales-and-transfers it's supposed to be provided by the seller. You could try contacting the ministry or police and seeing what they say at it says they can be fined. Maybe even threatening to call them might help https://www.ontario.ca/laws/statute/90h08#BK37


Title: I didn't get a real answer when I asked on another post, so I'm asking again. To keep it simple and leaving out the 'body farm' stuff, what document is needed if you want to be cremated and not have a religious burial?

Question:
is it a will, or what?

edit: Sorry bot, let's say CT (I should know better)

Answer: There was a lot of noise in that thread, but [unless I'm terribly wrong, I think this is your answer](https://www.reddit.com/r/legaladvice/comments/3jzey5/keeping_religious_family_from_claiming_my_body/cutjouw).


Title: DoD civilian female maybe stalked by Lieutenant in North Dakota

Question:
I found out during a reprimand process at work that a Lieutenant I work with had been keeping a spreadsheet of all my hours at work--what time I came and left, and what I did at lunch, among other things. As far as I know, he was not told to keep track of me, though this was emailed to my supervisor, so they were aware he was tracking me. The reprimand is fresh, but the "tracking" happened last summer. This lieutenant is set to come back from deployment and will be in a supervisory position in my section, which makes me very uncomfortable. I've heard from a former officemate of his that he has "tons of stuff on me" --like his life goal is to get me in trouble?

I am a female civilian without access to union...anything. He is active duty. This wasn't quite stalking, but him working in a supervisory capacity in my section makes me very nervous. I don't know what else, if anything, he has on me.  I've tried all I can to bring attention to this issue during my grievance process, but no one seems ... to care about this semi-stalking.

What, if anything, can I do to stop this guy from working in my section upon return? (There are other sections he can go to.) or is there a way to find out what "info" he has on me?

Answer:
 Okay, let's back up... So you are a civilian DoD employee. LT is your direct supervisor. LT has been keeping a detailed log of your tasks during work hours only. Is he logging anything you do outside of work hours, as well?

What about this makes you nervous? Do you just feel scrutinized, or is he following you around constantly?

So far, I don't think you have any cause for moving him out of your section. You might have a better shot of requesting you be moved out of your section, if you feel there is a problem with your working relationship. Have you spoken to anyone else about this yet?


Title: (USA - CA) Roofer got me to sign over-priced contract, cashed deposit and first payment prior to 3-day rescission. Can I cancel?

Question:
Our roof is in bad shape and a sales rep and project manager came to the house to give a quote on re-roofing.  They took up a lot of time explaining materials, guarantees, business licenses, etc.  By convincing me that they're giving me a good deal and contractor's pricing, I signed the contract.

&#x200B;

Afterwards, I had a bad feeling and contacted other roofers and got bids that were a whole $10k - $13k cheaper.  It is past the 3-day right to cancel period.  I spoke to one project manager on the phone on the 4th day and said I was displeased with the way the sales rep spoke to me and didn't tell me there were cheaper options despite him knowing my bad financial/life situation.

&#x200B;

Is there any way for me to cancel this contract and get refunded the money paid?  They have not started work yet, but processed the deposit + first payment already the next day after signing. I'm really sad that this happened and the sales rep took advantage of my situation. I can't afford it and felt pressured.

Answer:
 'It is past the 3-day right to cancel period'

If that's what's in the contract you signed, then no, you can't cancel. The contract should say what happens if you break it, but at a minimum expect them to keep the money they have and they may be able to come after you for the full value of the contract depending on various factors.

'I was displeased with the way the sales rep spoke to me and didn't tell me there were cheaper options despite him knowing my bad financial/life situation.'

That's not his job. He's their sales rep. His job is to make sales. He'd be doing a very bad job if he told you about how you could get it cheaper, especially somewhere else.


Title: I was locked out of my bedroom and my landlord wants to charge me $50.

Question:
Ontario, Canada

&#x200B;

I live in a student house. We each have our own bedrooms with a locking door, but we share kitchen, bathroom and living areas. Today, I closed my bedroom door without checking that it was unlocked first. My wallet, phone and computer are locked in there - I had to borrow a housemate's laptop just to contact the landlord. She says she will come and unlock the door, but I have to pay a $50 fee.

&#x200B;

Now, she knows I have not lost the key. The lock doesn't need to be replaced. The cost of fuel for her to drive across the city is certainly not $50. I have been an ideal tenant and I haven't caused her any trouble, so it's not even like I've cost her anything extra previously. I want to know, is this legal? Is she entitled to ask for charges in addition to the monthly rent like this? What are my rights as a tenant?

Answer:
 She can charge whatever she wants to open the door on an emergency basis.  If you don't like the price you call a locksmith and have them get you into the room, that will likely be more than $50.Answer #2: > The cost of fuel for her to drive across the city is certainly not $50.

You are forgetting about her time. $50 is a bargain - a locksmith would likely be $200+ for an immediate callout.Answer #3: She doesn't have a duty to solve your problem *at all*. She can certainly charge you for her time, etc.


Title: Need visa help please (x-post r/atheism)

Question: [deleted]

Answer: Follow your attorney's advice or consult with another immigration attorney


Title: My friends might be charged for something they did a long time ago. (little evidence)

Question:
So this is the story, my friends being teenagers Tp'd a girls house and used shaving cream to draw stuff all over her garage and front door. The things drawn consisted of a huge 666, dicks, and a flower. This was about a little less than a year ago. Recently my friend was talking to the girl about something and she mentioned her parents not liking him because they think he was one of the people to do that to their house. She jokingly asked "I bet you did it didn't you?" he replied thinking she already knew "Yea we did" then proceeded to name who was with him. (I don't know why he did this, probably just a complete idiot) She asked if he was serious and he said yes. She then flipped and told her parents. I think the family has pictures of him admitting it (it was in text form) and pictures of the actual drawings and TP job. The older sister then messaged my friend on face book with this:http://i.imgur.com/r8sXA.jpg
What should I make of this?

Answer:
 Your friend is an idiot.

It sounds like the family is more hurt than anything else. I suggest he grow up and ring their doorbell one afternoon asap and offer a heartfelt apology. Offer to repay the cleanup costs, or if he really can't afford that, offer to mow the lawn for free next summer or shovel their snow for free this winter, or something along those lines.

From a legal standpoint, yes, charges can be pressed, and there is probably enough evidence to get that to happen, from what I am reading. However, it sounds like they're more hurt than they are angry, and a meaningful apology and some action on his part will go a long way toward making everyone feel better.


Title: Served by ex for 50/50 child custody. Had 21 days to respond. Hired a lawyer right away who said he would respond. He forgot and now the case is going to default. What can be done? Florida

Question:
My girlfriend raises her 2 year old 100% of the time. She lives in Florida. She had filed for child support but her ex has been living at an address not on record. In April he filed her 50/50 custody. Mainly because he doesn’t want to pay child support more than because he wants his daughter. They live 2 hours apart. My girlfriend hired a lawyer right away who took the case. He said he would respond by May 1st (she had until May 8th to respond). After May 1st he told her he had responded. Today she received mail that the case was going to default because she never responded after being served within 21 days. She called her lawyer who told her that he had forgotten and would get it filed by noon today. She’s freaking out. Could she lose custody of her daughter because this lawyer forgot to respond? She makes more money than her ex boyfriend. Could she have to pay him child support because her lawyer forgot to respond. Any help to ease her mind today would be appreciated. Thanks you
Topic:
Custody Divorce and Family

Answer:
 She should ask that lawyer about why he failed to respond (if he admitted in writing to forgetting, even better) and find another lawyer immediately. Odds are likely that the lawyer that failed to perform will have E&O insurance to cover damages (which while unlikely, could theoretically include the child support...)

The new lawyer can would be able to assist in possibly fixing the mistake. If it can't be fixed, he'd be able to assist in recovering from the old lawyer/his insurance.Answer #2: It's hard to say which way a judge will go on something like this.

On the one hand, the Court may choose not to penalize your girlfriend because the error was her attorney's fault and her attorney admitted as much.  The Court may choose to punish the attorney in some way, but without affecting a ruling on the action.

On the other hand, the Court may choose to play hardball with your girlfriend's attorney and demand he re-file, or even deny the response.  In the event your girlfriend's response is denied and the Court rules in favor of her ex, I would suggest that your girlfriend (a) find a new attorney ASAP and (b) have them file an immediate appeal.

Generally speaking, I would say your girlfriend should really find a new and responsible attorney ASAP anyway.  Her current attorney has already lied to her (telling her he filed when he did not) and caused her a lot of unnecessary stress.

BTW, it's not unusual for a deadbeat ex to file for more custody because they don't want to pay child support.  I'm a family law paralegal and we see it all the time.  One thing we've noticed - Courts do NOT love deadbeat parents!

I hope it goes well for you and your girlfriend!


Title: California: Moving out of house after 6+ years, found old roommate's (seemingly) important belongings in garage. Now what?

Question:
Hi legal advice, I'm a HUGE fan of BestOf. This is California, LA to be specific.

I'm moving out of a house that I've lived in for the better part of a decade. Over the years, we've had a number roommates. One in particular was always a bit of an issue. He sublet a room and one day about 3 years ago he moved out without telling anyone or giving 30 days notice, leaving us to cover his rent and utilities out of his deposit (which, didn't cover both, of course)

I've had 0 contact with this individual since then. I don't know if he's even in the state. I'm now in the middle of preparing to move myself, and I found a chest of drawers in the back of my garage that was unfamiliar.

In it is a significant amount of personal property, of almost comical importance (it would seem). A few extremely nice quality leather jackets, lots of financial paperwork, many notebooks and portfolios (notes, drawings, personal artwork etc), tons of correspondence, just anything you can imagine.

Honestly if it was just dvds and other garbage, I wouldn't give this a second thought, but due to how seemingly important all this is, I wanted to see what my obligations are.

It has been just under 3 years since his sudden departure, and our last contact. Can I consider this abandoned property, and throw it away (maybe shred it out of basic human decency)? If we go down that route, I'm struggling with my basic human decency to reach out and tell him to come get it... But I'm afraid to open that can of worms. What if he decides something is "missing?" What responsibilities would I have if I admitted to him I found it? What if he comes looking for it when he hears I moved?

We've had a number of addtl roommates since then (a series of poor choices to find immediate replacements for him before rent was due), so there's a certain actual fudge factor. I only know this is his, and not one of the other old roommate's garbage because of addressed letters.

Also, I need to move soon. I don't want to pay a mover to take this with me or pay for storage or anything.

Thanks, in advance

Answer:
 It's abandoned property.  It's been 3 years and he hasn't even tried to recover it.

Dispose of it in the most economical way you can and forget about it.

Answer #2: You're totally within your rights to dispose but he may have grown up a lot since back then, so trying to contact and give him a heads up that he has x time to get his shit before it's trashed. Not a day longer and since he owes you $x from his stunt a while back, you'd like to see some cash if he does come to get it back. Quote the laws (abandoned property,  tenant move out procedures broken, cost owed from non-payment of rent), etc.

He'll either contact you like a grownup, or not.  either way it's no skin off your back.


Title: [TN] Will says one thing hand written and notarized note says another

Question:
This is kind of an odd thing I feel and I really don't know what steps to take next or even where to start really

Anyway... My grandma died a few years back and she always said she was leaving everything to me

Now her will was written when I was young and it says that everything is split up between her kids (4 of them) and that's it

Years later she wrote on a spare piece of paper that she wanted to leave everything to me and signed and dated it and had it notarized at the local bank

Now here I am trying to get the land she left put in my name but I'm not even sure I technically own it. The family all knew and agreed that it was all mine years ago that's why they had her write on the paper and had it notarized after she was too stubborn to make a new will

They (her kids... My aunts, uncle and dad) all agree no contest that it's all mine I just got to get it done legally

So any advice on what to do? Of course I don't want to spend a whole lot of money that I don't really have but I'd like to get it resolved ASAP

Answer: If no one is contesting, there shouldn't be a problem.


Title: [WI] In June of 2014 I bought my first cell phone outright with no tab and prepaid (without a contract). Just found since then the phone company has done 25 hard inquiries on my credit, affecting my credit score and ability to get a mortgage. The phone company won’t talk to me. How do I fix this?

Answer: File a dispute with the credit bureaus via certified US mail. File a complaint with the CFPB, FTC and your State Attorney general's consumer office.


Title: [Georgia] I may be cross-examined by the respondent in my stalking case this Friday, what should I, as the victim, expect?

Question:
This Friday I have a TPO hearing against my stalker for 5 years to make it become permanent for one year. Currently the terms of the TPO are almost exactly the same as the terms of the bond agreement (eviction, banned from my county and 500 yards from me when I'm outside the county, gps ankle monitor, restricted driver's license, bonded to live with his 70+ year old parents until the trial is over).

My stalker has been stalking me via leaving vulgar notes and has never spoken to me other than through his vulgar notes on my car and apartment door, as well as notes slid into my apartment under my door. The victim advocate assigned to me told me that I need to expect and be prepared for my stalker to cross-examine me himself if he doesn't have legal representation and also doesn't just consent to let the order become permanent. She couldn't tell me what to expect or how to prepare myself; but has said that he has evidently expressed excitement during the criminal side of proceedings that he is finally going to be able to speak to me, so it's our most likely situation. She prepared me for all of our judge's questions already, but said she didn't really know what to say to prepare me for him to cross-examine me without counsel, because he was a "special kind of stalker". She has said that "hopefully the judge will reel him in and I will certainly do so when he questions [me]". I'd like to know more if possible, besides that he's going to use this opportunity to speak to me.

Important other details: He confessed to the police when arrested and presented with the overwhelming evidence against him, but then plead not guilty. We don't go to trial for the criminal proceedings (stalking x2, harassing communications x7--there is another victim, but she did not get a TPO) until the end of November. He is 100% aware that in his two stalking charges that I was the nail in the coffin that got him arrested finally. The detectives, victim advocate, and solicitor's office have sat me down more than once each to let me know that I am the most likely person that he is going to retaliate against if he were to continue to escalate.

What should I expect once I'm in the witness box if he doesn't consent for the order to become permanent and has the opportunity to question me? I want to be as prepared as possible for Friday if and when this happens. I really would like this TPO to become permanent and don't want him to be able to fluster me if that makes sense. Thanks in advance for any help anyone can provide!

Answer:
 Cross examination will allow the examiner to (for lack of a better term) put words in your mouth, which you will then have to confirm or deny. For example, "You were at home on the 29th of July, Correct? instead of a direct question such as, "Where were you on the night of July 29th.".

This can be stressful for the witness so don't let it get to you.

Just remember to answer the questions and quickly and concisely as possible and you have no duty to explain your answer unless asked. If the question warrants a "yes" or "no" only answer "yes" or "no", anything further than that is unnecessary. Remember it is not your job to clarify anything for the examiner, only to answer the question you were asked. If something needs to be addressed the other attorney will deal with it on re-direct.

If there is an objection stop talking immediately until the objection is ruled on.


Title: South Dakota: How can I legally tell other owners if 3rd owner (also operations manager) doesn't settle with me, a civil suit is going to lead to an unrelated (sort of) felony charge?

Question:
Not sure if the charge would go to the OM only, or to the whole company.  Essentially I've been been treated poorly by a supervisor who lets his emotions cloud judgement.  He has actually had two others consider legal action due to how unprofessional he is.

Anyway, I was arguing over text to the OM and he got very emotional and angry that I kept asking what the reason was that I got suspended (no write up just suspended one day)... And he sent me a message that said "cameras record audio too"

Red flag went off as that didn't seem legal to record not only employees, but every customer conversation as well.  5 minutes of research showed that to be a felony.  I said unrelated as a civil suit would only use that as a piece of information to help substantiate the rest of my side of the story.

Here's my problem: I really like the other two owners.  I don't want them to get in any trouble, I don't want to attract poor attention from local media about some of the other stuff I would make public in a civil case, and I don't want them to be a part of a felony charge.  They aren't part of operations at all, so they had no idea this was going on.

Is there any way for me to legally communicate with them and explain that if the OM doesn't settle with me, all this is going to happen?  I want to do this because they are aware that he's not holding up his end very well as an owner/OM, and I'm sure they'll make him settle and also fix a lot of other issues.  From everything I've seen, it's blackmail/extortion because essentially I'd be threatening a criminal charge if they don't settle a civil suit before taking it to court.

Answer:
 First, what exactly would your civil case be about? "Treating an employee poorly" isn't necessarily grounds for civil liability.

Also, having surveillance cameras that record audio doesn't necessarily violate the anti-wiretapping statute.Answer #2: threatening a criminal charge if they don't settle out of court with you is extortion


Title: [UT] I bought a house listed as 3 full bathrooms. It's technically only 1 full and two half. Can I do anything?

Question: Basically I'm only worried about one bathroom as it is just a tub and does not have a shower head. They always had the shower curtain closed so we didn't notice until we moved in. Is there anything I can do since it was listed as 3 full baths? We have to change it and it will cost a lot of money!

Answer:
 You don't have to do anything.  As is, a bathroom with a tub *or* a shower would be considered full, so it sounds like you only really have an argument over one.

The time to catch this was before sales - and frankly, it seems incredible that you didn't notice that the bathroom didn't have a tub or shower in it.  It's strongly unlikely you could make a case for damages here.Answer #2: You must be joking.

You bought a house, and didn't even look at the state of one of the bathtubs. . . That's on you.

Is there a legal definition or an 'accepted' definition that a full bath has a shower head?

Answer #3:  You never looked in the shower? You didn't look in the inspection report from the inspector? How did you miss something so noticeable? The other two bathrooms you're calling halves had no shower/tub? How the hell did you miss that, if that's the case?

You're going to be boned.


Title: Might have dropped a blunt into bank deposit box..

Question: Okay, I live in an illegal state. Friday night, after I shut down the store, I went to drop the deposit at the bank. In a rush, I think I might have grabbed a bag of weed along with my bank deposit, and put it in the drop box. They were in separate bags, just dropped at the same time. I have to pick up the deposit slips Monday morning. What do I have to expect?

Answer:
 >What do I have to expect?

Expect to see a couple bleary-eyed tellers.Answer #2: On the plus side, whoever empties the box to immediately start work in high finance.


Title: WI - ex-gf, verbally abusing our daughter to the point of developing mental/emotional issues

Question:
My ex is currently homeless, along with abusive SO, my 6yo daughter and their 1yo daughter, jumping from hotel to hotel for the past couple of weeks after being evicted for non-payment. They are both jobless.

My Ex told me that they were staying at hotels because the state told them that their place wasn't safe to live at, that their landlord armed/dangerous and on the loose. I thought it was nonsense, but I had no evidence to the contrary, and said that my daughter could stay with me for a few weeks till they moved to another place, etc. She denied that and said it would be fine.

I've since documented every place I've picked her up at, taken photos of her physical state(nothing intrusive), recorded all conversations and taken record of the Google Voice number she uses being tied to her Gmail account, along with screenshots of texts from said number.

The other night, they stayed at my Ex-gfs sisters house, and after a night there, her sister called me telling me that they were constantly yelling at my daughter "for being in the way" to the point of her going in to a corner and rubbing her lips back and forth, as if it was a nervous tick, too scared to move. She has observed this before, but only recently thought it would be pertinent to tell someone. My daughter also told me that my Exs SO hit her in the head, causing her ear piercing to become infected.

I called CPS and reported it, and started making arrangements to house her myself. I'm fully employed with a stable job, have been consistently employed since shortly after our separation(about 7 months after my daughter's birth), and have a clean criminal background.

Other helpful facts:

We have been to mediation recently, approximately one month ago, we both have 50/50 shared custody, and I currently have placement on Saturdays from morning till night.

There was a period of time(approximately 1 year and 7 months) where my ex kept me from seeing my daughter. Her reasoning was that I didn't care enough because my headlight was out for two weeks straight and told me to fix it. We argued and then she refused contact, blocking my phone number, social media, etc. At the time, I was depressed and didn't know what to do till recently, within the past two months, when I filed for mediation. Understandably it seems from this that I didn't try hard enough, and likely contributed neglect for any abuse my daughter underwent during that period.

What should I do next? My feeling for my next move is to assert to my ex that I take full custody, and assuming she doesn't want to do that, take her back to mediation, assuming we'll disagree, and go to trial to settle or dispute, but I'm not sure I have enough evidence gathered to make the change necessary in the eyes of the court. CPS states there isn't enough for them to go on, and I'm not 100% I want them involved yet anyways, after speaking to the intake social worker.

Answer:
 Get a family lawyer and ask them for assistance with your situation. Provide them with all the information you have. Good luck. Answer #2: I knwo you don't want to, but CPS needs to be notified again.

Many people don't like them, but unfortunately, you have to interact with CPS, over and over again. Your sister needs to call as well. The more people, the better.  Yes, a family lawyer is good, but you need to get documentation starting yesterday. Your lawyer can handle the ex-gf's sister's written documentation.

As far as injuries, you need a hospital visit each time it happens.  Followed by a CPS report.

Technically, right now, its a he/said she said.  However, the steps I listed provide additional resources for CPS to go on.

Edit, before I forget, the [Rape, Assault, Incest National Network](https://www.rainn.org/) has a list of resources you can get, including victim advocates.


Title: (Upstate NY) Angry home renter messing with peoples cars that park in "his" spot.

Question:
There is a street where I park each day for work that is free parking for the entire street on one side.  Which side is free switches over every day at 6 pm.  Along this same street are multi unit houses that do not have private driveways.  There is an old vietnam veteran marine who lives in one of these units, who makes no mistake that the spot on the street in front of his house belongs to him and that nobody can park there.  I have noticed multiple times when walking back to my car that if someone has parked in that spot, their side mirrors will be folded backwards, the windshield wipers will be pulled up, car magnets will be turned upside down.  A friend of mine had this happen to his car, he asked the man if he was the one who did that to his car, the man claimed he did and then threatened to set my friends car on fire if he ever parked there again.  A police report was filed for that incident and since then, the behavior has not changed.  Other times, he will coordinate with his son and box a persons car in with theirs, so that the car has literally 1 inch of space in front and back to get out.  Today, I was unfortunate enough to have to park in that space, and within seconds of me leaving my car the man opened his front door and yelled at me for parking in his spot.  I antagonized him by telling him I'd call the police if he messed with my car and that I knew he had already had a police report filed for such behavior.  He told me "just wait and see what I'll do to it" and that he would also follow me home.  Nothing has happened yet, and I hope nothing does, but I am wondering what potential legal recourse I have in the event that I find he has messed with my car.  I don't believe that folding a cars mirrors would count as vandalism, yet at the same time I don't believe he should be allowed to terrorize peoples cars for parking on the street.  What can I do?
update:  I returned to my car after work to find no signs of being messed with.  There was a car in front of me that did have its mirror folded however.  I'm not sure how to interpret this.

Answer:
 I'm always curious about these sorts of situations. I'm not directly asking you a question, OP, more of just musing about it.

How is it that it's *this guy's spot that he has to park in*, but he's at home and not parked in it so often in these stories?Answer #2: Question for those who would know:

If crazy neighbor *deliberately* boxes OP in, can OP get one or both of the cars towed?Answer #3: >  A police report was filed for that incident and since then, the behavior has not changed.
>
> I don't believe that folding a cars mirrors would count as vandalism, yet at the same time I don't believe he should be allowed to terrorize peoples cars for parking on the street. What can I do?

You can:

1. Call the police.
1. Complain to his landlord.
1. Sue him for damages for conversion or trespass to chattels.
1. Accept his ire and petty annoyances as the price of parking in that particular spot.


Title: Can I legally shoot an off leash dog that attacks my on leash dog in a public area?

Question: [/u/locationbot](http://www.reddit.com/user/locationbot), I am in Virginia so stfu (Hampton Roads area, to be specific). Hypothetical situation: Assume I am a current Concealed Carry permit holder and I am walking my dog on leash in my neighborhood, on a public sidewalk, and a dog who is not leashed attacks me/my dog without any provocation. Assume said dog is quite a few pounds larger than my dog and I am in fear of my dog's life as well as my own safety. Also assume the dog's owner is there with that dog. Am I legally allowed to draw my concealed handgun and shoot the dog in order to prevent it from injuring or killing my dog and/or myself? Thanks for reading!

Answer: HOW DARE YOU SPEAK TO HIS BOTNESS WITH SUCH CURT NESS YOU HAVE NO RIGHT


Title: Can a student worker be fired for returning home on school breaks?

Question:
I am a student at university. My boss is trying to force me to stay to work Christmas and other school breaks. I have taken off the previous summer in its entirety establishing the precedent that I as a student return to my home on school breaks. This year I started renting a house here (although I only live here for the school year because it is cheaper), but, because I now have a house here, my boss says I have to stay and work and It's ridiculous to request off a month for december regardless of the fact that I am a part-time worker, student, and my permanent residence is not here. Is this legal. Am i forced to stay and work If i want to keep my job? Does my dependency to my parents play a factor?

Edit: I work at a Krispy Kreme and I live in Georgia

Answer:
 In North Korea, Dear Leader decides when you work. Anywhere else, you will need to provide a location.Answer #2: If you're an at will employee you can be fired for not complying. Answer #3: > My boss is trying to force me to stay to work Christmas and other school breaks.

Force how? As in "you're fired if you don't do this" (which is legal) or "I'll dognap your dog if you don't do this" (which is not legal).

> I have taken off the previous summer in its entirety establishing the precedent that I as a student return to my home on school breaks.

That's not a legal precedent, it's happenstance. Things change.

> because I now have a house here, my boss says I have to stay and work

Okay, that's a dumb argument, but dumb arguments are not illegal nor do they help you in this situation.

> It's ridiculous to request off a month for december

That's an opinion, not a ridiculous opinion, and most employers would agree. Your personal life and personal situation are not generally their concern. They are running a business.

> Is this legal.

Yes.

> Am i forced to stay and work If i want to keep my job?

Maybe. If you leave for a month, you have to be prepared to be fired. Maybe they'll fire you, maybe they won't. No way for us to know.

> Does my dependency to my parents play a factor?

Nope.


Title: [CA] Sued for using an image in a blog post

Question:
I'm asking for a friend here who recently got sued for copyright infringement for putting a couple of copyrighted images on his personal blog. The amount being sued for is over $200,000 in damages.

The blog makes no money, and he has no money.

What's the best recourse here? He has an LLC, but the plaintiff sued him personally. He can't afford a lawyer, he has essentially no money and no assets at all.

Couple of points:

He also has a co-partner in the blog as well, who wasn't named in the suit.

He lives in CA, but he has an LLC in Texas. The LLC was not incorporated for the blog, although he's technically doing "blog activities" under the LLC. It's made only a few hundred dollars in ad revenue.

QUESTION: Can he bankrupt his LLC?

Answer: He needs a lawyer. I know you said he can't afford one, but I would imagine it's going to be much easier to pay for a lawyer than it will be to pay a $200,000 judgement.


Title: [SC] Slander/ Parental Alienation

Question:
Hi all! To make a long story short, my (half) sisters’ father and my mother separated about two years ago and have been divorced for about a year. My mom has 100% custody over my three sisters. Their father has no visitation and must go through reunification therapy before that will be granted (he has not seriously  pursued therapy so far). He was emotionally abusive to them and they all have been diagnosed with PTSD by a psychologist.
He believes that my mother was cheating on him throughout the marriage (this is blatantly untrue). Two of my sisters have chosen on their own to not have contact with him, but the youngest texts him from time to time. During these conversations he tells her that my mom cheated on him during their marriage, and that she was “boyfriend/ girlfriend” with her current husband while she and him were still married. Is this slander? Parental alienation? Is there anything my mother can do? My sister is <13 and has PTSD/ other emotional issues and we don’t want him to continue to lie to her.

Answer:
 This does sound like parental alienation, as he’s bringing up information he shouldn’t with your sister, in order to cause harm.

Your mum and her husband should take these texts to their family lawyer. If they’re not aware of them, you should tell them.


Title: (Ind.) My Boyfriend and I Do Not Want to Get Married. Are There Any Legal Implications We Should Be Aware Of?

Question: My boyfriend and I are in a long-term committed relationship, and for personal reasons, neither of us are interested in a legally binding marriage. However, in Indiana, common-law marriages are not recognized by the state. I tend to be a worst-case-scenario type of person, and I recently heard a few different horror stories regarding next of kin, and I wanted to know how not being married could affect legal issues in the future. What are some worst-case scenarios we should be aware of? If we are not legally each other's next of kin, can we specify in a will that we are? How would this affect emergencies or hospital visits? Should we take any special considerations when buying a house together? I've found some decent information about health insurance and taxes over on r/personalfinance , but there is a surprising lack of legal advice considering marriage is a legally binding contract. Thanks in advance for any advice!

Answer:
 The legal consequences of marriage are vast, so it's not really possible to go through them all. But here are some highlights and workarounds.

If one of you were ever incapacitated, the other would have no right to direct medical care or manage your financial affairs. That can be achieved with a durable power of attorney.

You would not be the other's heir, so you would not be entitled to anything if the other died without a will. Specifying what goes to the other in a will takes care of that. Similar issues arise with real estate, life insurance and other property that transfers automatically on death. If you name the other as the appropriate beneficiary and title any real estate so that you are joint tenants with right of survivorship, you'll get roughly the same outcome as if you were married.

Probably the biggest difference is what happens if you split up. If you're not married, no court is going to split up your property or order spousal support. Written agreements can spell out how commingled property will be split if you break up, though.


Title: University took away my academic scholarship my senior year because they "ran out of funds". I was a dumb kid and did nothing, 3 years later I'd like to know my legal rights to the money. Details inside.

Question:
Hi All,

I live in NY. When I went to school I was given a $12,000 annual scholarship. My senior year, my FAFSA was late so by the time it went through, classes were about to start and a bursar rep told me that they "ran out of funds" and that I would not get my scholarship that year. I argued but I was a kid and really needed to register for class so I took out a loan directly through the school. They asked that I sign a paper acknowledging that I was giving up my scholarship. I refused to sign.

Because I was dumb and that loan was separate from the rest of my student loans, it defaulted and killed my credit score. I paid it off in full but lately have been really bothered thinking about how predatory that experience felt as a first generation college student. Instead of paying me $12,000, they MADE that much by me taking out a loan that I needed to finish my senior year.

I have a solid income, but am still paying off a lot of my other student loans. What is the best way to go about pursuing this? Reaching out to the school directly? Seeing a lawyer? Or are scholarships generally considered at the discretion of the school? I would not have attended the school without the scholarship as it is very expensive yet low tier (again, dumb first gen student) for profit school.

Thanks!

Answer: Your FAFSA was late. They exhausted funds.  This is not their responsibility, it's yours.


Title: I'm 21-years-old and an only child to my mother who just suffered a major stroke at the age of 47. How do I find out if I'm the POA?

Question: [deleted]

Answer:
 If you don't know if you are, then you're not power of attorney.

Ask the hospital who to talk to, they will likely have people on staff to help -- or at least be able to point you in the right direction on how to obtain a power of attorney for your mother while she is incapacitated.