Title: Apartment Complex falsely submitted an application on my behalf and is now asking for $$$

Question:
A few months ago I was doing some apartment hunting, as my lease was expiring and my apartment manager was trying to increase my rent by too much. I came across one complex(let's call them "SR") that fit my basic requirements and went in for a tour. The unit that I toured was incredibly small and looked nothing like the photos and floorplans posted on SR's website. Despite this, I was still interested in the apartment because the price/location was good for my current situation. The application process for these apartments are done online, so when I made it back to a computer after the tour I attempted to complete one.

However, there were issues with the website and I couldn't even get past the portion of the application where you provide personal information and rental history. To completely submit the application, you would have to complete an E-signature and pay an admin fee, which was $160. I tried and failed a couple more times before emailing my contact with SR. She had me try a couple more times to no avail. The application was never submitted at this time.

The next day I met with my apartment manager, and he actually agreed to not increase my rent if I was to renew for another year. I took his offer, as the apartment hunting process had gotten nowhere and I didn't really want to downgrade into a smaller unit in the first place. Any interest I had in SR was gone.

Later that day I spoke with my contact at SR on the phone and explained that I was renewing my current lease. I don't know if she just didn't understand or just didn't care, but she emailed me a few times after that asking me to provide my last 3 paystubs, and to submit the application again. I never responded to any of these requests, not even once.

However, I received an email later that day from what seemed to be SR's automated business email. It was a generic message that said my application was submitted and approved. Like the emails before, I ignored it, though I thought it was strange. A month later I received a 'Move out statement' email from SR that said I had an outstanding balance of $160. I ignored this because it seemed like the dumbest sh\*t ever considering I never submitted the application, never moved in, never paid a deposit, and never even spoke to anyone from SR after losing interest and renewing my lease.

Last week I get a call from a debt collection agency, who is trying to get the $160 for the SR application fees. I explain to them how I never submitted the application, and they claim that my e-signature was on the application and that since I had ATTEMPTED to complete an application, that it is perceived that I requested SR to push the application through due to the complications with the website. This is false. I never made an e-signature OR asked for them to just push the application through. I did cut off contact and stop responding to their emails about the application, but you would think that would alert them that I was no longer interested instead of wanting them to push the application through. I guess I should've been more adamant?

It's only $160, but I refuse to pay for something that I didn't sign off on or personally submit. I also do not want this to be reflected on my credit report. Lastly, I'm furious at the fact the apartment submitted a false e-signature.

What are my options with getting this thrown out? Can the debt purchaser report this to the credit bureaus? Can I go after the complex for submitting a false e-signature, and would it even be worth it?   This occurred in Georgia if that is important.
Topic:
Landlord Tenant Housing

Answer:
 1) Know your rights under the [FDCPA](https://en.wikipedia.org/wiki/Fair_Debt_Collection_Practices_Act).

2) Communicate with the debt collector only in writing.

3) Demand verification of the debt. They have to produce something with your signature on it.

4) If they try to forge your signature, file a police report for identity theft.Answer #2: Not so much advice but personal experience.  I had something similar happen to me.  Once the collection hit my credit report, I just disputed it with the 3 majors and it was removed from all 3 reports.  I didn't even bother speaking with the collection agency.


Title: Fiancee's friend is trying to buy a house, she wants us to accept a transfer of $14,000 from someone and then "gift" it to her. Can someone tell me what's going on here?

Question:
**Edit:**  Thanks for the replies everyone.  I've already put my foot down pretty hard on this and it's not going to happen.  Thanks for the feedback!  It was extremely helpful.

**Edit 2:**  I got a bit more information, not that I'm changing my mind or anything, but BofA apparently is the one suggesting this.  She has the money but there's "too much activity on her account" so she needs to move the money to a different "cleaner" account.  Whatever the hell that means or accomplishes.  Apparently some sort of loophole?  Doesn't matter, still not doing it.

Can someone knowledgeable about real estate help me out here.  My instincts tell me this is sketchy as hell but I'm trying to figure out the details and exactly how it's illegal. (if it is, I don't know for certain?)

So like I said in the title, my fiancee has this friend that's trying to buy a house.  She wants to use one of our bank accounts to have her realtor transfer money to and then we're supposed to gift it to her, the amount is $14,000.  I feel like they're trying to play financial magic tricks to make the mortgage process easier.  Her realtor suggested it but I don't know him and I don't trust him.

I'm not knowledgeable enough to know anything about what's going on here but it's making my internal alarms go off pretty loudly. I'm of the mind that if she can't get it through on her own then maybe she needs to look for a cheaper place but whatever.

I'm pretty sure this is illegal but can someone fill me in for sure?  I'm already going to tell them no but I now I'm curious, is it fraud, tax avoidance, both?  I'm looking for ammo here.

I tried /r/personalfinance but they deleted it suggested you guys.

Thanks.

Edit:  I'm in Oregon since I didn't add my location.

Answer:
 It sounds like she's getting under-the-table financing from her realtor (who, remember, gets a commission if the sale goes through) to cover the down payment. Since most mortgages require that the down payment _not be a loan_, they're asking your fiancee to mask the transaction so they can pretend the money is a gift.

This is mortgage fraud, and you don't want to be anywhere near it. It's not even well-done fraud, since the amount is over the threshold where your fiancee's bank will investigate the source of the transaction. It's _also_ against the law to intentionally structure deposits to avoid those checks.
Answer #2: As others point out, this is clear mortgage fraud.

Just an FYI - the reason that the amount is $14,000 is because that is the annual exclusion for gift tax, meaning if your finance gifted anything more to that friend during this year, she would owe federal gift tax.  My guess is that they are actually trying to hide a much larger gift, or perhaps a loan of some sort that is well over $14,000, but they are breaking it up into $14,000 chunks for several different people to "gift" to her friend.

If it wasn't clear enough already, neither of you should take any part in this.

Edit: clarityAnswer #3: FraudAnswer #4: If you ever feel something is sketchy it generally is. Run! Run for the hills!


Title: Can a minor report sexual abuse without the consent/knowledge of the parents? (16F, san diego, CA-US)

Question:
My uncle sexually abused me when I was around 7-8 at least once. My parents are best friends with him and his wife, and don't believe anything happened. When I told my therapist she made a report and also told my parents to file one as well with the local police, which they refused to. My dad even went behind my back and talked with my uncle about it, and has kept in comminucation with him from recent calls under our home phone caller id when he's never called before and text strings which I have seen to exist but disappear whenever he knows I have access to his phone. The police have only contacted me once from my therapist's report about two months ago, but they did say that what they would have me do is come down to the station and get him to confess on a tapped phone so they can prosecute him. Know that he knows what's up I doubt that approach will work, but having talked to both my boyfriend + his parents and my therapist they feel i should report it. Can i?
Topic:
Criminal Law

Answer: Yes, you can report. Your parents may find out eventually.Answer #2: Of course you can report it. Your parents will find out about it too, so be prepared. My advice is to do it sooner than later. Your uncle is a predator and possibly still abusing.


Title: (California) Brother got threatened to be sued over a lost camera

Question: My brother was playing basketball at the campus gym and there was only about 5 other people I  there at the time. An individual asked my brother to watch his backpack and left for about an hour and by the time he got back his backpack was gone. He started to get in touch with my brother and demanded he pay half of his "$2000" camera or else he is going to campus police and reporting it. He also threaten him with lawsuit if he didn't pay. He said that my brother was responsible for watching while he left and that he was going to win it easy if he were to sue. I told my brother to tell him to fuck off but he still talking to him because he is afraid of a lawsuit and is pretty close to agreeing to pay $500 to him which I told him not to do. Reddit what should I tell my brother to do in this scenario??

Answer: How can the guy prove a camera was in the backpack?  How can he prove anything was in the backpack?  Seems fishy to me.


Title: How screwed am I? FSA denying claims the previously said they would approve.

Question:
Colorado: Hi! Really need some insight here. I had way too much money in my FSA toward the end of 2017, and needed to use it since it doesn’t roll over (FSA through United Healthcare (UHC)). I saw foundation with SPF on FSAstore.com, and since that seemed like a "gray area" I called UHC before buying to verify that it didn't matter that the product itself was foundation as long as it had SPF 15+, and the person I spoke to confirmed that. I took notes of her name, the time of the call, etc, and bought like $1,000+ worth of different foundations with SPF.

I submitted a few claims before year-end to make sure I wouldn’t have an issue, and they were denied. I called in and the rep found where sunscreen was covered. She resubmitted the claims, and I was paid on them. **Now for the problem.** I submitted the rest of the receipts last week, and the claims were denied. When I called to straighten it out again, I was told that because the products were foundation WITH sunscreen, not *just* sunscreen, it wasn't covered. I pointed out that I called specifically to verify that this would not be a problem, and that they had already approved and paid out identical claims. The specialist said she would look into it, and I head back today that the claims will still be denied.

If they had told me this wouldn't be covered from the beginning, no problem. But I called and verified before making purchases, *plus* they already approved some of the claims!

-They can't point to anything in the "fine print" that says the sunscreen *can't* have tint, they just don't have anything that specifically says it can.

-When I initially called to verify, if they had said I can’t do foundation w/ SPF, I never would have bought it and would have found a different way to spend the money

-If they had stood by denying the claim I made in November, I would have returned the foundation and found a different way to spend the money (now that it is too late for me to buy something else since 2017 is over).  Plus, obviously it’s at least **possible** to process and pay the claim, because it’s already happened twice before.

If they hadn’t messed up BOTH times, I still would have had time in 2017 to fix this by buying something else. It feels like a totally arbitrary process where some random person just decides yes or no. Now that it’s too late, can they really just say “sorry multiple employees gave you the wrong info multiple times, suck one”? I feel like a crazy person threatening to take a huge health care provider to small claims court, but I don’t think it’s remotely reasonable that I should be out over a thousand dollars just because their employees messed up multiple times. Do I have a case at all? Does anyone have other suggestions on how to deal with this?

THANK YOU!!

Answer:
 $1,000 worth of foundation?

I'm not sure what you personally do with $1,000 worth of foundation, but I'm thinking the claims processor assumed you were going to sell it on craigslist and make a profit from your FSA.

I mean, the CSR(s) that you originally spoke with was likely not incorrect that you could buy "a" bottle of tinted sunscreen, but what you ultimately purchased looks suspiciously like some flavor of fraud.

I'm surprised the people you spoke with in the post-claims denial calls didn't suggest that.


Title: My footage was confiscated for filming inside an event, what do I do?

Question:
I was contracted to film an organization that has a booth in a convention. This convention is highly Muslim oriented. After doing my job, I decided to do a freelance video for my YT channel. So I went to ask random people, 'If you can vote for anyone in the 2020 election, who will it be?' Everyone knew I was joking, and they laughed. Some said Obama, etc, just a fun time.

&#x200B;

Security caught me, and demanded I stop, so I did, left the venue, and filmed outside of the convention doors. He still demanded I stop,  I told him right now I am out of your realm, this is a public space, you cannot stop me. He called his boss, and it escalated fairly quickly. What I was not aware of, is that they rented the whole building. I said fine, I will leave the entire building, and film on the sidewalk, can't do much there.

&#x200B;

They demanded to see my footage, I told them, I don't have to show you my footage. They demanded that I delete the footage, I told them I do not have to delete the footage either. So they called the cops, I was cool-headed. I showed the video the higher up, and he said ' I am sorry, but your videos are very childish' I told that was the point. I am just helping people have a good laugh, that's all.

&#x200B;

Then, they said, you would have to take the proper avenue, we take the footage, and we delete what we don't like. He went to grab my SD Card, I asked the officer, are they allowed to confiscate my footage, he said no, they are not. So they stepped back. They called the booth owner I was filming, a family friend, he said that he was indeed filming us, and he was interviewing people for us. He asked about the other footage, I told him, that's my own. So then, the booth owner, took out my SD card and gave it to the convention leader. I stayed quiet in respect to my elders.

&#x200B;

The question is, are they allowed to delete any footage? What are my legal options in the case they do?

Answer:
 > I stayed quiet in respect to my elders.

If you consent to it, yes, other people are allowed to delete your footage. The time to object was before you allowed your family friend to take the SD card.


Title: My dad is withholding more than half a million dollars that is legally under my ownership from me, how do I even start to get it back?

Question:
I don't know where to start with this one, it's a long story that takes place over more than a decade. Please move on to the TL;DR at the bottom if you are not in for the ride.

**The Accident**

When I was in 6th grade (early 2000s), my friends and I decided to play on a construction site. I've always had a fascination for poured and smoothed concrete slabs, and I was really into rollerblading on smooth surfaces like that. As this was a part of a public property, where only this building was being constructed and the other buildings were there and in use, it was easy to acccess the site. There were no fences. Probably warning signs, but just no physical obstacle - no locked grounds, no gate, nothing.

As it was a Sunday, there were no workers nor work going on that day. We were "harmlessly" exploring, as in no parkour or crazy feats, but just walking and looking around. I went on to the second floor - for this construction, the second floor is between 12' and 15' high up. I don't remember anything after that. But as people have told me,  I fell through a hole in the floor that was covered up (to my knowledge it was an opening for ventilation) and landed on my head on the ground floor. It looked like a gruesome murder scene, except I was writhing and screaming, my head busted open, blood everywhere, with my Dad, who came outside when he heard the screaming and shouts from my friends for help holding on to me, doing what he can to help me survive.

Fortunately, my dad is a well-respected doctor (I don't want to name his specialty, because I don't want this post to come back to me outside of reddit), and he was very experienced with the injuries I sustained and had the connections to get the best in the area to take care of it. I underwent multiple surgeries including spinal and brain surgery. The doctors gave me a very high probability that if I were to even survive, I would either be brain dead, or live with immense brain damage (huge surprise to everyone, no exaggeration, I'm alive and have close to perfectly healthy mental and physical functions).

For a picture of what it was like, I was in a state of comatose for almost a month in the ICU, having seizures. I have two bald spots on my head from being in bed so long that the hair just fell out to never grow back, and from where I had my brain surgery. I have 2 scars, my jesus hand from a training nurse who was not prepared for my seizuring while she is trying to stick a needle in my hand, and one from my spinal surgery. I had to be potty trained again (my bladder never went back to the strength it had before), and learn to walk again.

I remember none of this, and the point where my memories start again is when I woke up some time between 4AM and the break of dawn, no idea where I was, turning my head to see my dad crying, and I said, "Dad, I'm thirsty." They told me later that I was scheduled for my final surgery that day, which would have been the deciding moment of whether I could live normally, or essentially die / never be who I was again.

**The Money**

I have very little knowledge of what my Dad was doing, but at some point, either during my comatose state, after I woke up and came home, or something, he got a case together and sued the construction company for damages. I really wish I could give the details because I'm sure it would help with legal counseling, but I was never told much about it. My mom doesn't know a lot, and I would like to refrain from asking my dad for now.

He won the case, and I was rewarded more than half a million dollars. We actually received that money, it wasn't just on paper. I do remember going to the courthouse to sign the papers, and the judge took me aside and told me, "This is your money. Your dad is the legal guardian until you're 18, but after that, make sure you know that this is your money." Not verbatim, but it was essentially what she said. To make sure my dad doesn't keep the money after I turn 18 without my consent.

To be clear of how much was not told to me, I was not told, or not told sufficiently, that there are rules to this money, that there are court documents stating these rules, or even the existence of court documents (I was 11, and it's very easy to be unaware). I just remember signing the dotted line accepting the money.

**The Secrets**

We moved to a different state one year after my accident. My dad said it was for a big job with big pay. My mom said it was because my dad was going through a severe mid-life crisis. We found out maybe 4 years later, it was because a woman from my parents' home country was coming after him for child support and found out where he resided.

Apparently, around when I was 3, my Dad slept with a brothel worker (this was before we immigrated to the states) and impregnated her. No idea if it was careless, irresponsible, unplanned, on purpose. She had the baby. He had been secretly sending them support money, but it was a very meager amount. Coincidentally, this was also the year we immigrated to the States. I don't know if he ever met his other daughter. But I do know those two lived in the slums, and never made it out, whereas my immediate family lived in upper-middle class luxury. This is the first reason leading to my fallout with my Dad.

Secret number two: My dad had been cheating on my mom with multiple women for their entire marriage. I can't say what the intent all the women he had affairs with had, but the only one I really know about was a victim of manipulation. He told her a lot of nice things, told her about how poorly treated he was by my mom (my mom is the kindest, most thoughtful woman), and how unhappy he was with life. He never reached the point of having sexual relations with this one, but from the way she told it it was clear that she was made to believe that their affair was right.

As my mom slowly found these things out and confronted him, he verbally and emotionally abused her, telling her how worthless she is, called her degrading names, how he never cared for her, how terrible of a woman she is, how she is not a woman and not a human. This was all done behind closed doors and I didn't find out the extent of this abuse until very recently. But this did a lot of damage to her psychologically, and even I could tell as a teen at that time she was on the verge of suicide for more than a year. This is reason number one of my fallout with my Dad.

My dad, without telling me, moved out of our house. And when I turned 18, I went to him and asked about my money.

**The Financial Fraud (?)**

I have no physical proof, but I have reason to believe that my Dad committed financial fraud with the money under my legal ownership. I do remember him asking me how I would feel if he got a new car, if he made investments in the stock market, if he got a new house. I have reason to believe he bought a new car and a new house with my money. My memory is very hazy and I don't know if I signed papers or not, but he did have possession of my money, he may have used my verbal consent to the vague questions as real consent, and he has my social security number. I do know he used my money to enter the stock market investment game, because he verbally told me so. Before making any significant moves on his part, I remember he would ask me my opinion such as before he sold that new car, he asked me how I would feel if he sold it. I had no idea at the time that that car may have been purchased with my money and therefore I could have been a co-owner.

When I turned 18, I went to him and asked about my money. He took me to his computer and showed me this banking investment account where I could keep track of the investments consisting of my money. He told me this was the wisest option to do, and to trust him because he knows what he's doing. I wouldn't spend it wisely, and that he's making more money for me. He'll take care of me. I was naive. I was a daddy's girl. He was the one I saw crying when I woke up from my accident. He's a successful man. I told him yes, he could keep the money for now until I was ready and mature enough.

He may have used my money for further purchases that I have no idea about as he moved to a different state, again without even telling me.

**Right Now**

I am almost 26 now. I went to college and have a steady job doing what I like. I have no debt because my dad paid for it all, but also my college tuition was less than $10,000 a year, even without any scholarships.

My relationship with my dad is very broken. After he moved out of state, I spent 5 years not seeing him. Sometimes we would talk on the phone. My brother and my mom have even more broken relationships with him. My dad flexes his financial strength, and when my brother did something to strongly displease him, he cut him off completely, forcing him to pay for the rest of his college tuition on his own midway through the year. My dad continues to purposely intimidate my mom and instill fear into her. If my brother does something wrong, my dad calls her and tells her what a shit mother she is. If she asks him why the child support hasn't arrived days after the required date, he calls her and tells her what a useless person she is and that she is a beggar dependent on him.

My other brother and I are the only ones who have a "positive" relationship with him. I battle with myself all the time because I want to cut the relationship off, but I know this is the lifeline that my family could use if it came time for it. My dad will send me money when I ask for it (which I don't. I've only asked for a little bit spending money when I moved for my job and didn't have a lot left to spare, and he sends me $300 every birthday). I am literally scared of him and what he could do to my family. He has a lot of power. He is a very, very successful doctor. His knowledge is called upon around the world and attends international conferences. He is a very, very smart man. He has never treated me badly, and everyone he knows thinks very highly of him. No one knows what he has done besides us. Hundreds of people celebrate his work because it has saved their lives.

This whole time, I never mentioned my money again to him. But I think it's time now. I learned he continues to abuse my mom when his personal life is not going well. It has been 10 years of that. I have a job now. I can support myself, I don't need this lifeline anymore. Again, he's very smart, and he's very capable of hiring power attorneys. I fear he could use the argument about my vague verbal answers of yes, that he has personally financially supported me, that he'll somehow find a way to not give back the original amount. I have no legal knowledge, and I know it significantly impairs me not even knowing a lot about my own money. Something I suspect though is that he has been a little more favorable towards me because I have a certain threatening legal presence to him.

These are my questions:

\- My plan is to first tell my dad that I want my money back, but I want a strong legal option if he refuses, or tries to manipulate me again. Is this feasible?

\- I don't have that much spending power, I make less than 50K a year - what can I do to get legal counsel?

\- Is there a case for me if I don't have my court documents or physical proof of potential fraud committed by my Dad?

\- Is it necessary to bring up the fraud at all?

\- This is crossing a lot of state borders, and even now, neither of us live in the state where I was given the money in the first place. Right now, we live in literally the opposite corners of the country. Does that effect things? How can we meet in court? Do I have to get legal counsel in the state where the case would be held if it comes to it?

\- I am on the fence about taking his abuse of my mom and child abandonment to court in some way, like hey if you don't give me my money back, here are the other things you have done -- this is me just trying to figure out worse case scenarios. Is this feasible? Good or bad idea?

\- Can my Dad opt to return my money, but exclude all the financial support he's given me over the past decade, such as my monthly allowance during my college years, tuition fees, etc.?

\- I have no idea what is left of my money right now, if he's made more through the stock market, if it's less than the original amount through loss, if he's spent it on purchases. What would he be legally bound to give me? Whatever is left? Just the original amount?

\- The house that I believe he may have purchased with my money - what would happen to it if it comes out that I do legally co-own it?

\- Does it matter that it's taken me so long to claim my money from him?

I have a lot of other questions, but I feel that the above is a lot already. Please, please help me.

**TL;DR** \- I was in a pretty bad accident, my Dad sued the company liable for it and won over half a million dollars for me, but when I turned 18 he persuaded me to allow him to keep that money, but I want it back now. FYI he's a very successful doctor with a shitty, shitty past. What can I do?

I wasn't sure where this falls for flair...
Topic:
Other Civil Matters

Answer:
 If you left your money in your father's care to manage it for you, you're entitled to an accounting of anything that's missing. If your money managed an average of 5% return over the past 15 years, it should now be worth approximately $1M. Keep that in mind as you look at it.

Unless I misunderstood your post, you didn't "give" your father anything. It was still in your name, you simply permitted him to continue managing it. If he engaged in self-dealing, beyond reasonable compensation for managing it for you, it's fraud.

There are several things you can do. First, say that you'd like access to your money now. See what his reaction is. If that doesn't work, you should absolutely hire an attorney to begin the process of getting it back. This'll include subpoenaing bank records, etc. Better yet, before then, since it should be in your name, you could inquire at the bank yourself.


Title: Possible scam? Avoided, but would like to know if this is a common occurrence...

Question:
Hi (this happened in New York City),

So this may not be the proper subreddit for this, but I'm unsure of where else to post it.

A friend of mine (who lives in a nearby city) was approached by a woman from a neighboring city. She told my friend that her children were sick & she was looking for help to purchase medicine for them. My friend almost gave in, but luckily told this woman that she wanted to accompany her to make sure that she actually was going to purchase the medicine like she claimed she would. The woman refused, & eventually went home. Has anybody else run into this? The woman was asking for upwards of $900...

Thank you for any advice!

Answer:
 Jesus Christmas, that’s one of the oldest scams in the book. The “song and dance” sob story. “My kids need medicine”. “I’m lost and can’t afford a bus ticket”. “I just ran out of gas down the road.” Every variant inevitably involves a transfer of cash to them. Good on your friend for not falling for it.

Edit: I realize this sounds cynical and indifferent. If you really want to help someone in need, either donate to a reputable charity or if they are actually in a pickle, perform the action for them, like filling up an emergency tank of gas or actually paying the pharmacist for the medicines.


Title: I cropped and vectorized an image asset from a game to use on my website related to said game - is it enough to be considered a "derived work"?

Question:
[New York] I run a medium-sized website, and a little while back I decided I needed a real logo. I'm no artist, so I settled on borrowing from part of an existing image in a video game, cropping it, and then vectoring it into a more "flat" design.

Am I still screwed if I were to, for example, try to sell this on a shirt?

[Image I borrowed from](http://hydra-media.cursecdn.com/hearthstone.gamepedia.com/thumb/8/86/Card_backs.jpg/300px-Card_backs.jpg?version=808e57093a1581766964eea2feadd9bc) - [Another Example](http://hydra-media.cursecdn.com/hearthstone.gamepedia.com/thumb/6/66/Card_back-Legend.png/150px-Card_back-Legend.png?version=327304eeddbd6752af3c3d217982f2c9)

[My Logo](http://i.imgur.com/jVPijKb.png)

[What about this version with my website initials?](http://i.imgur.com/zbCVfLF.png)
Any advice? Should I add more to make the logo "mine"? Or am I better off scrapping it and getting a new logo done by someone.
Topic:
Intellectual Property

Answer:
 Yes, this is copyright infringement. Merely rendering an existing image in a different style does not make it your own, original work. (It is a *derivative work*, but you can't make those without permission of the copyright holder, fair use excepted.) Any reasonable person would see that one is equivalent to the other.

*L.H.O.O.Q.* is a derivative of a painting that is not protected by copyright, so I'm not sure how it's relevant.

That said, this is a civil question, so you've got to ask--will the copyright holder do anything about it? The URL of some of your links suggests this is from *Hearthstone*, so they've certainly got the legal team if they wanted to pursue the matter. At the very least, don't tempt fate by selling it.


Title: [CA] Downstairs neighbors are becoming a nuisance and shutting off power; landlord refuses to do take action.

Question:
This is in Alameda County, CA.
We (me and my SO) moved into our apartment last year, and while touring the place the previous tenant told us that she was moving out because the downstairs tenants supposedly broke into the apartment. We were concerned but ended up taking the apartment anyway. While the downstairs neighbors had some obnoxious tendencies (playing music loudly during the day, filling up the driveway with 4+vehicles, spraypainting directly on the driveway) there was nothing particularly bothersome to us.
However, over the past few months they have been increasingly impairing the use of our apartment, including:
* Shutting off the power to the laundry room (the fuse box is inside their apartment) because apparently it shows up on their utility bill
* Overfilling the trash can that they do not pay for (they have their own separate trash can but continue to use ours)
* Playing loud music at night and walking on the roof (from there you can see into our bedroom and bathroom window)
* Revving their car engine / laying on the horn as early as 6am (noise ordinance is 7-7 in our city)

I've attempted to talk to the neighbors about this, but every time I do they either say it was somebody else or pretend they don't understand english (which doesn't make sense because we've had conversations before). When I confronted the man this morning about using his car horn he rolled down his window and pretended he couldn't hear me while laying on the accelerator.
I've also contacted our landlord about the issue but her response has been that we should solve the problems ourselves. I've sent her another email detailing the more recent issues; if she doesn't take care of these issues, how can I respond? We don't want to move out before our lease is up but this is becoming a huge issue.

Answer:
 This is your landlord's problem. They are breaching their implied [covenant of quiet enjoyment](http://www.attorneydavid.com/blog/civil-code-1927-tenant-right-to-quiet-enjoyment-in-california/) with you and you can sue them for it. You can be awarded damages as well as injunctive relief (where the judge orders the LL to fix the problem).Answer #2: in the mean

for the last 2,you might try calling the police as their possibly a nuisance and violating noise ordinances

for the second 1 you might consider something like locking the can or something


Title: Neighbors stained our driveway with Confetti - We rent, what to do?

Question:
Last night my neighbors were having a little NYE event. They were shooting off serious fireworks between our homes. I have a baby and after about Midnight I had enough. I confronted the people shooting off the fireworks and asked them to stop, that progressed to an argument where they told me they would not. I woke up this morning to what I can only describe as an explosion of paper confetti all over my vehicles and driveway. It had been raining and was pretty wet everywhere.

When I went to remove the confetti, it had left stains on the concrete. I am not sure how to proceed. Is it worth filing a police report? How will we prove they did it? Not sure my best course of action here. I do have Renters insurance but I don't believe they cover the physical property.

Also of note, there is a stain from the Confetti on one of our cars.

Answer: a medium size bottle of muriatic acid is like 6 bucks, and will remove almost anything from concrete.  if you go with that, be careful with it, eye protection and gloves are a must.


Title: Can’t get lazy lady to move out

Question: So my mom had this online friend that we’ll call Jeni. Jeni was getting kicked out of her sisters house and apparently got banned from working as a teacher in that state. My mother is not totally mentally fit (but refuses to get a diagnosis) and invited this woman to live with her, my father and two brothers. It was supposed to be so Jeni could “get back on her feet again”. It’s been two or three years now. She won’t apply for jobs, her car is outside rotting, and she won’t leave. My father is trying to find a new place to live because he can’t get her out. My mother seems oblivious. I do not live with them but when I visit I just want to throw all of her stuff outside. She acts old (she’s only in her late 50s) like it’s tough to walk upright when she’s around my parents but when they’re not looking she’s fine and zips around. How can we get her out? She has no money, has not been paying rent, no housing contact. Help!

Answer: They give her proper written notice to vacate then file for eviction if she doesn't leave


Title: [NM]I'm being threatened with a libel suit and various other things...

Question:
I will try and keep this as to the point as I possibly can.
A little history before I get there...

My ex-wife and will have been divorced 2 years in October.
We've tried to work it out on and off since then. I love this woman to pieces. We have two children together. Bi-weekly custody we agreed on in mediation. We were seeing eachother at that time too. No child support. I have willing supported her financially if she was with me or not. I made it clear that she didn't have to feel like she needed to be with me in order for me to help her. I go above and beyond any time of child support AND alimony, even though she didn't qualify.

Anyway, I had always suspected her of seeing someone and she always, always convinced me she wasn't and made me feel like shit for ever thinking it. I found out about 6 months ago she was seeing someone. I didn't care. She said she ended it with him. I believed her. We'd get in a fight. She'd be back with him.

So anyway, she recently told me she ended it with him for good, because I was more stable than him, he was too young, she saw a future with me. She said she...invited him over to end it and he gave her a hickey the second he opened the door. Uh, ok? She ended up only telling me that she ended it with because of the hickey. She knew i'd see it. She never admitted to that, of course, but it's obvious. And I still forgave it and told her I was just glad it was finally over.

That same day, I took her shopping, we held hands, kissed, had sex. Talked about how great our future was going to be. Then she just stops replying in the middle of it. I figured she was getting ready for bed and since I needed to get milk for my kid in the morning, I'd swing by and give her a night night kiss.

And there was his vehicle. She wouldn't answer the door.
I cried like a damned bitch. I went home....and...

Here is where the title comes in...

I went home that night and posted exactly what happened. I posted how happy I was that we were finally working it out and then that happened. I posted how hurt I was. I posted how I wished she would have just told me, again, so I could be over this already. I never ONCE mentioned his name or his vehicle. I never ONCE lied about ANYTHING. I never ONCE called her any names. I posted some random posts about how hurt I was, how lied to I felt, how could she do this...she was just using me all this time...etc...

She never once accused me of lying about her. She demanded I remove her NAME from the posts. That what she did isn't anyones business. Yet, she runs around telling everyone how I don't help her, how horrible I am...etc...

So, I remove the posts. But she has them saved, of course. She ignores me after that. For almost two days. Despite me posting how much I loved her and would have forgiven her. Then I get to thinking about how fucking angry I should actually be about this. I always act like a whipped puppy that whimpers back.

So I post how I had STILL planned on buying her that couch set for mothers day but she couldn't even apologize (despite me asking her previously, she flat out said she didn't need to) and I have ever right to post, in detail, what she did TO ME.

11 minutes after the post she emails me and apologizes.
Anywayyyy....

NOW, out of nowhere she is threatening me that if I post anything about her or this again she will sue me for libel, call the police for harassment (despite the fact that I don't talk to her. I have her blocked. I've asked her to leave me alone. She uses email) etc.

I know I should be a man and suffer in silence but I ALWAYS do that. She had told me vile, ugly things and I offer to buy her something or give her money and bam, we're together again. I knew she was using me but I didn't care. It meant I could be with her. But not anymore.

So anyway, is any of what I said libel? I've talked to friends and everyone agrees that she has no idea what she is talking about. Anyway, thanks everyone.

I'm sorry it was so long...

TL;DR
Ex-wife and I were working it out. I caught her red handed cheating. Despite her convincing me I was the crazy one for thinking anything was going on. I posted on FB EXACTLY what happened the night I caught her. I never lied. I never embellished. I never called her a name. I just posted about how much what happened hurt me...now she is threatening to sue me for libel/call the police over me posting it.

Answer:
 You shouldn't worry about libel at all.

Non legal advice:
You should also stop worrying about her except in her capacity as the mother of your children. You should really move on.  She's using you.


Title: Two days notice on witness subpoena [Ohio]

Question:
Good Evening All,

I was the victim of an auto accident a few months ago and now it is going to court. On Saturday when I checked my mail I saw that I had a subpoena to appear as a witness for the prosecution for Monday. I have to travel for work frequently and with everything booked and it being the weekend I could not get ahold of anyone and left a message.

When I looked up the case it appears that the summons was filed on 04/06/17, mailed 04/07/17, and I received it on 04/08/17.

Not sure what to do outside of what I have already done. While I am only one state over, it is a two hour drive and not NEARLY enough notice for me to change my schedule for the case. I won't be back in the city until the 24th (well, I will be back Friday evening, but then fly out Saturday morning for work).

Advice?

Answer:
 Call the Courthouse and the prosecutor's office first thing Monday morning.

Be ready to appear in court on Monday anyway.


Title: In California, can I own a legal practice and hire lawyers if I am not a lawyer?

Answer: The short answer is no. A non-attorney cannot own a law firm or have a stake in a law firm, generally speaking.


Title: The deadline is fast approaching... In Ohio. Please help.

Question:
I have had a pending custody case against my ex for about two years now, in the Great State of Ohio We finally went to trial. Long story, short as possible, I lost. She was granted soul custody of our young child, and I was granted some scant visitation.

On the stand, my ex lied and lied and lied some more. My attorney was hopelessly inept and made it very clear that he gave zero fucks about my case and my family as soon as he cashed my retainer check.(He was my second attorney, the first did NOTHING on my case for about 18 months, and I finally fired him.) It has been an absolutely horrible experience. There were tons of procedural issues, many reasons why I feel that I should appeal.

What is the process for filing an appeal with this type of case, in Ohio? I want/need to get the ball rolling myself, this week, if possible. I am currently looking for an attorney that is actually a decent person and has some sort of track record that might reflect that, but its proving more difficult than even I had imagined. Thanks.

Answer:
 Let me be unequivocal about something here: You are the problem here.

The reason you can't find an attorney who is "actually a decent person" is because you're not looking for an attorney, you're looking for a wizard to magic away your fuck-ups. The idea that a string of attorneys has failed you, stopped caring about you as soon as they got you retainer, and did nothing is ludicrous? One guy, maybe. The reason you can't find anyone who meets your lofty standards is that you're unreasonable.

>On the stand, my ex lied and lied and lied some more... There were tons of procedural issues, many reasons why I feel that I should appeal.

You clearly have no idea what you're talking about.


Title: [California] My downstairs neighbor keeps on blasting music all night long and I don't know what to do.

Question:
My SO and I have lived in our condo for almost 2 years. The first year was great, all of our neighbors were friendly and respectful. Around four months ago however my neighbor who lives in the condo directly beneath mine was laid off from his job. He began drinking, smoking, and blasting his music and TV all day and night long.

At first we tried talking to him, but he would lie and say he would turn it off (which he wouldn't). He promised to have it off by 10pm, 11pm, 12am. He would promise to turn it down. He didn't. Some nights we would go down 3-4 times to talk to him.

Besides a drinking problem, we found out from his mother (the owner of the condo) that he struggles with depression and bipolar disorder. He doesn't take his meds and he lies about it to her and the police.

The police have been called on him a dozen times just in this past month. We've put in noise complaints, we've called in as victims of peace. The police write him up, take him in the for the night, but then he's back at 6am blasting his music again. They've fined him and he continues with the same behavior.

He's been arrested for public indecency, harassing passerby, assaulting his roommate, and threatening harassment to another tenant. We've seen him offer alcohol to teens walking around our neighborhood at night. He smokes so much that we have nicotine deposits on our bathroom ceiling from the vents.

We've reached out to our HOA, the property manager, but he doesn't seem to care at all and hasn't done anything to help. My SO and I are at our wits end. We just want to sleep. We have no idea what else to do.

Do we have any other recourse besides repeatedly calling the cops and claiming victim of peace? Can we make our property manager do something about him? The HOA codes don't have any explicit rules against smoking or defined quiet hours.

My SO and I have purchased sound machines, fans, ear plugs, noise reducing drapes, and even re-caulked our windows to help with the noise. We've started taking sleep aids like Zzquil and melatonin just to try and sleep through the night. We're dying over here. We just want to be able to sleep at night.

Answer: Make a noise complaint each time it happens, to the police and the landlord.Answer #2: Do you have a copy of your HOA's CC&R (covenants, conditions, and restrictions)?


Title: [CA] Dog bit my neighbor and her dog. Looking for info for LA area

Question:
[deleted]
Topic:
Personal Injury

Answer:
 You're better off giving the dog over to animal control services before you end up being sued and having to pay for the damages your dog caused.

If you can't control your dog and your dog is aggressive, you should not be a pet owner.Answer #2: This isn't a "one time" thing, this is a "first time" thing. You admittedly cannot control the dog, meaning you cannot train it, the only thing that will come from this is a seizure, potentially more people getting injured, and furthering a bad stereotype of a good breed. Answer #3: > I was scared that they will take my dog away so I paid the bills for the both of them

Unfortunately, paying their bills doesn't prevent them from calling animal control. Plus, you are legally responsible for their bills anyway.

She can sue for all her damages, including pain and suffering, lost wages, emotional distress. If she promised to not sue if you give up your dog to animal control and you refuse, she could end up suing you AND you could get your dog taken away regardless.


Title: Is there a way to perhaps go to a judge or appropriate court and force a judge to get my parents divorced?

Question: Given that in my 23 years as their son, they've hated each other for just about every waking second. And me and my siblings have had to obviously put up with it. But for some unknown reason they just won't cut ties and get apart from each other. So I ask again: Is there some way I can force them to just end it?

Answer: Sure, courts just let anyone walk off the street and strip people's rights away because they want to. Stay out of your parent's business.Answer #2: No. Lucky for you, you're over 18 and have the option of opting completely out of their conflicts.Answer #3: No, there is not a method for you to force a divorce of other people.


Title: How to ask employer to lay me off after wreck

Question:
I was in a pretty bad car accident a few weeks ago and my doctor has not released me back to work. I am currently on unpaid medical leave which will only last a couple more weeks. I am in a lot of pain and am on pretty strong pain medications which make me feel very fuzzy-headed and nauseated. I can't sit for very long without being in excruciating pain.

I know it may be a long shot, but I would like to ask my work if they are able to lay me off. I don't know how long it will be until I'm better and I am quickly going broke not working.

I hate to sound like a whiner, but everything about the wreck has caused A LOT of stress and drama in my life, and I am having a lot of anxiety and depression. I work at a call center for a bank where I am constantly yelled at all day. I just don't think I can even mentally handle returning to work until all of this is settled.

How should I go about doing this? Should I go directly to someone, or wait for them to terminate me because I didn't return. I know people that have had similar situations that just didn't return to work and they were laid-off. Really need some advice here, my life is in shambles.

Edit: I didn't realize there were so many bleeding hearts backing up corporations paying out a little money in unemployment until their employee can return to work. Slow clap for you.

Answer:
 It doesn't matter what you call it, unpaid leave, layoff, etc, you are still not going to get unemployment. In order to collect unemployment you have to be readily looking for work and capable of doing it. If you are not released to work by your doctor you are not eligible for unemployment.Answer #2: > I don't know how long it will be until I'm better and I am quickly going broke not working.

OK...so quit and find a new job.  I'm not sure what benefit you think a layoff would give you.  Answer #3: A person who is laid off generally means their position was cut out from under them, usually due to cuts. A person who is fired for not returning to work is not laid off. What do you hope to accomplish? Is this so you can collect unemployment?


Title: Rough Night --Charged with Theft

Question:
 I was drunk with some friends and we ended up stealing 3 mini fridges from a hotel parking lot at 3 AM.  As we were walking across the road back to our place, we were spotted by some cops and we all received criminal citations for theft under $100.  This morning, we went over to the hotel owners and said we wanted to make it right and buy the mini fridges we stole.  I am now at a library printing up a receipt to prove that we paid for them.

My question is: can we provide proof of purchase and ownership in order to avoid theft charges?

Note that the theft citation was issued before we paid the owners for the mini fridges.

TL;DR Stole some mini fridges, got cited, want to know if we can pay for them to avoid/reduce charges.

Answer: The fact that you went back and paid for the fridges doesn't change the fact that you did, in fact, commit a crime. So you won't be able to use this to negate an element of the offense. It does, however, show that you took responsibility for your actions and proactively went out to make the situation right for the victim. And something like that will certainly be looked at positively, and the court will take that into account when your case is handled.


Title: (USA, SC) Found out girl I dated is pregnant, baby was conceived when we were together. Won't tell me if it's mine.

Question:
Okay guys, so I dated a girl for about a year. I broke it off with her when I caught her in multiple lies.

But as it turns out, she's more than 5 months pregnant. Meaning, the baby was conceived towards the end of our relationship.

She didn't tell me she was pregnant, I had to hear it from someone else. I've seen the ultrasound and it confirms what I've been told.

So I reached out to her, and she won't tell me if it's mine or not.

I'm scared because it very well be mine, but it could also be someone elses (she's a terrible person, not fit for motherhood at all)

Anyways, I want to know what options I have here. I need to find out if it's mine or not. And if it is, I need to make sure she isn't the one who is going to be taking care of the baby.

She has a history with the police, suicide attempts, drugs, almost trying to kill me with her, mental health outbursts, hanging around with criminals, being around people who have raped children etc...

Her home life is no where to raise a child, especially not a child that could be mine. I can't allow that to happen.

What are my options here? How can I find out if it's mine or not if she won't tell me? Can I get a court ordered paternity test or something?

please help me.

TL;DR: Girl I dated got pregnant towards the end of our relationship. Won't tell me if it's mine or not. What are my options?

Edit: Thank you all so much for the help! Reddit is awesome. I have a rough idea of what needs to be done now, and I can take the steps to prepare appropriately.

You guys are the best.

Answer:
 You can list yourself on the putative father registry. This will prevent an adoption without your consent and will require that paternity is established.

When the baby is born you can sue to establish paternity. Answer #2: If he's worried about alcohol and drugs, would a call to CPS be warranted? Maybe they can drug test, which might influence a custody battle later on.Answer #3: Nicely done, btw, for wanting to step up and be responsible if the kid ends up being yours. You seem like a good guy.


Title: Neighbor is harassing me - Fairfax VA

Question:
About 5 years ago my neighbor decided they wanted to plant a tree behind their house.  They did not know where their property lines were, and they were digging a hole in my yard for a tree.  I nicely told him that I didn't want that tree (A weeping willow) on my property, and asked him if he could move it to his property.

A few months later I got calls from the town I live in that I was constructing structures without proper permits (I was building a shed, that didnt require permits per the town).  They said they got a complaint so they were required to follow up.

This past Friday, I got another call from the town, they are requesting to inspect the same structure because my neighbor states that I just built it in the past 6 months.  The town recognized this is incorrect, however they still have to come out and do the inpsection.

This is incredibly frustrating, and this isn't the only case where this neighbor is a pain in my ass - can I do anything about this neighbor?

I will promptly be installing a fence which I anticipate another battle since my property line is a few feet from their back deck, but I'm tired of having them snoop around in my yard.

I will be trying to talk to them this week however they have refused to talk to me in the past.  I've tried being nice to them - offering to let their grandchildren use our daughters toys/playset, saying hello anytime i see them, but killing with kindness doesn't work on them apparently.

What can I do to make the baseless complaints stop?

Answer:
 >I've tried being nice to them - offering to let their grandchildren use our daughters toys/playset

With neighbors like these, this is an invitation for trouble.

Get the fence, as tall and with as little see through as the law allows.  Make sure you get a survey and the appropriate permits pulled first.  Every neighborhood has one of these people, you drew the short straw being next to them.Answer #2: > my property line is a few feet from their back deck

In my town, certain structures, such as a shed or deck, are required to be a certain distance from the property line. It would be ironic if your neighbor is the one who did construction without the proper permits. Make sure you get a survey done before you put up the fence.


Title: [California] Copyright issue in regards to using an image found on the Internet.

Question:
It seems like this might have been asked already but I could not find anything that pertained to this particular situation.

My dad does a wide variety of editing and printing for many individuals and businesses in our area. A few years ago a customer wanted several signs and pictures of a local landmark to use as advertising for his store but had not offered an original one to be printed, so my dad ended up finding one on google and using that image.
Now, the supposed photographer has come forward after seeing the image in public and is trying to get my dad to pay him royalties for its use. He's supposedly going to come by his store today to offer proof that the photo was taken by him.

Although my dad printed them, would he still be liable to pay royalties in this situation? Or would the man who is actually using the images for his company be liable? What sort of proof by the photographer would be sufficient to prove that the photo is, in fact, his? If you need further clarification or information let me know. Thanks in advance for your help.

Answer:
 Copyright infringement is a strict liability offense.  Anyone along the "chain" of infringement is potentially liable.  Unfortunately, your father (apparently, allegedly, etc) used (reproduced, distributed) this photographer's image without his permission.  Since this guy sounds pretty serious, it would not be a bad idea to speak with a local attorney.  If I were you (or your father), I would get this guys royalty demand *in writing*, admit no liability, and then decide from there if I want to pay or pursue a defense (which may be valuable even a negotiating tool).

Edit - Honestly, I think it's not a good idea to meet face to face.  He has all the ammunition, and if he's pursuing royalties he almost certainly knows more about the law than your father does.  It's going to be very difficult to have a discussion without the risk of potentially damaging statements.  Obviously, this is just my cynical opinion.  Tell him to mail/email you his demand, and tell him you'll respond within 72 hours.  99% of the time he doesn't want to sue you, and this will be satisfactory until you make a decision.


Title: [Washington State] My girlfriend works as a physical therapist and is being sexually harassed by a patient. Options?

Question:
My girlfriend works as a physical therapist at a small nursing home; she's currently the only therapist they have on staff, so she has to see all the patients, no option to switch out with another therapist or anything.

One of the elderly patients has been sexually harassing her on a regular basis; semi-inappropriate touching, inappropriate comments, and very often propositioning her for sex.

She has complained about it to her boss, but her boss says she should suck it up and do the work. He says (truthfully) that there's no one else there who can do it, and he says (disgustingly) things like 'well, he was raised in a different era... boys will be boys'. The boss claims to have talked to the patient about it, but the patient keeps doing it.

Does she have any legal recourse against her workplace or the patient himself for this?
Topic:
Employment Law

Answer:
 This is always a debatable area. Many people believe it comes with the territory but the EEOC has made it clear that employers *can* be held liable for sexual harassment by patients if they don't attempt to put a stop to it or if they fire an employee for complaining.

Your girlfriend should continue complaining and if it doesn't stop, [consider filing a charge with the EEOC](https://www.eeoc.gov/employees/charge.cfm).


Title: NSFW Unknowingly produced illegal xxx media? (I should have known better). Afraid for my future. Should I turn myself in?

Question:
Hello,
I'm not sure if anyone can help me or suggest anything that I can do.
Im a female erotica producer. I make niche fetish videos for sale online. They aren't available on tubesites or places where minors can access them as the database I sell them on has very strict payment methods etc. At least that's what I thought. When I first started I thought that my videos would just stay put in their little tiny corner of the internet. I had no idea that pirates would upload them onto free sites and other pay sites once I became a popular name that people wanted to see.

I make some age play clips in which I am the the only person in the scene. I speak to the camera as if they were under age and then I do imaginary/virtual sexual acts with them. These are age play clips for consenting adults who enjoy the fantasy of being young and interacting with someone older.
When I first had the idea to make this type of content, I checked with the database to make sure it wasn't against their terms of service, they gave me the green light. It never even occurred to me that this content might be illegal because there is simulated activity with a minor (even though there is clearly nobody but me in the scene).

Now that I am aware of what I've done, I have removed everything off my database and am trying my best to remove everything from the internet that I can. But what's done is done and I can't stop the spread of my content if people want to post it online. I plan to change the way I make content in the future, but can anyone offer me any advice? I know I don't deserve any sympathy for being stupid and not thinking I was doing anything wrong, but should I get legal help?

(I became aware of the issue because someone emailed me anonymously saying they would complain to the database about my content and have my account terminated if I didn't delete it all by easter. So there's also someone out there who may like to black mail me in the future.)

My partner is worried sick and can't even look at me because he's so concerned that any second we're going to be thrown in jail. What can I do?

Any advice would be appreciated.

I live in Canada and my clips are on a database in the US for US and international sales.

**tldr;** I made virtual POV clips in which I talk to the camera as if they were underage and have pretend sex with them (there are no actual underage people in the clips). I think this type of content isn't legal. I've removed as much content as I can but it will always be out there somewhere as people upload it wherever they feel like it. Should I seek legal help? Should I turn myself in?

Thank you in advance for any advice or help.
Topic:
Criminal Law

Answer:
 I'm not all that familiar with Canada's obscenity laws, but what makes you think this content is illegal to begin with?

No, you shouldn't turn yourself in.

EDIT: [It does look like this *could* be illegal in Canada](http://www.ontariocourts.ca/decisions/2005/april/C41354.htm). Just delete all the content of this nature and move on.


Title: (Michigan) Served a totally sober, coherent man a beer and a couple shots and had to call him an ambulance an hour later. Found out later from another customer he takes pysch meds. Will this come back on me as a bartender?

Question: Guy literally went from sober/coherent to puking/incoherent in less than 45 minutes. Still had half a beer after his second shot which I dumped as soon as things went south. Notable: I found poppers on him looking for his ID as well

Answer:
 It shouldn't.  You had no reason to know this customer was on medication contraindicated for use with alcohol.Answer #2: No way in hell. You don't know this man's medical history, nor should you.

Moron should've researched his drugs better.

edit: guys, alcohol is a drug.Answer #3: Sounds like Antabuse. Makes you violently ill when drinking. It's effects last for days after the last pill, so he may have thought it was long enough. Answer #4: For serving him? No.

But if he doesn't have insurance expect an angry complaint to your manager about calling an ambulance when he 'tottally could have drove there.' Any reasonable manager will trash it. A fun one might frame it with a plaque saying douche bag.

It's not your responsibility to double check he should drink besides ID and cutting off visibly intoxicated people. Your responsibility was to get him medical care, you did that. Good job.

Sorry about your shitty shift.


Title: Parked car hit by roommate.

Question: My car was parked in my driveway and my roommate hit it. We are both insured. I contacted my insurance company and they said I can pay a $500 deductible and they will take care of it using my collision coverage or I can go through his insurance but they will likely drag their feet. I'm also concerned with being lowballed by their adjuster. He doesn't have $500 to give me to cover my deductible and I'm not all that confident I'll get it back if I pay out of pocket. Is it ok to contact his insurance or will I get screwed over? Should I just contact a lawyer? This is in Florida.

Answer:
 He hit your car, and you're asking if you should pay your deductible and be the one who's insurance rates increase?

Contact his insurance. If they give you trouble, contact an attorney. Answer #2: if you use your insurance, it's a claim against your insurance, and will usually cause your rates to go up.  contact his insurance first, get a few quotes from body shops, and submit them, see what their offer is.


Title: [Ohio] advice on breaking a contract

Question:
My sister used to work for a furniture store until she decided to move across the country.  She signed a contract with them agreeing to not work for any competitors for two years.

It's been about a year and a half and things didn't pan out where she moved.  She sold her car to get the money together to come home

A friend of hers offered her a job,  but it is also with a furniture store. We live in a county with no public transportation,  so this job is perfect for her to get to.

She's going to talk to her previous employer to see if she can get permission to break her contact.  I already told her to make sure it's in writing,  but is there anything specific she needs to make sure is there?  What would be the best way to word it?

Answer:
 First, when did she sign this non-compete? Was it a condition of employment or something she signed at a later point? If at a later point, did she get anything in return?

Secondly, 2 years is a long time and "for any furniture store" is very broad. I strongly suspect this would never hold up in court, although an Ohio attorney will experience in that area could tell you for sure.

My advice would just be to not talk to them and just take the job.


Title: (CA) Parents being sued by solar distributors

Question:
My parents in California recently got documentation stating that a lawsuit has been filed against them from the distributors of solar panels for a contractor company that we hired to install solar panels on our roof top. The contractors received parts from distributors but apparently haven't paid the distributors for the parts. They have already installed the solar panels on my parents house.

Previously my parents had received a Lien of Mechanics from the same distributors. This was the first contact they had with the distributors. My parents informed the contractor company. The contractors claim that they have paid the distributors already but did receive a second bill which they have not paid because they believe they have been wrongly double charged. They assured my parents they had taken care of this situation with the distributors. The contractors said we would received a letter saying this was resolved from the distributors legal representative. But instead my parents then received notice of the lawsuit.

The contractors have been informed once again and said they will handle this. Is there anything my parents can do in case the contractors do not resolve this issue?
Topic:
Other Civil Matters

Answer: Get an attorney to respond to the lawsuit.


Title: [TX] Signed up for business internet, now I owe my ISP $4000+

Question:
Long story short, good old Suddenlink Communications decided to introduce data caps to combat all of the people using up the limited resource known as the Internet. This was unacceptable for me, as I run several servers from my home. I decided to (was forced to) get a business connection from Suddenlink because it was the only option that didn't have data caps. It was/is $150 a month. I had to sign a 3 year contract, but I didn't really read it or know what I was signing. I assumed it was run of the mill ISP bs, and treated it like I would any ToS document. Anyways, a few months later Suddenlink rolls out data cap-free residential connections for around $80 for the same speeds that I'm getting now. The problem is that I'm locked in this contract that I didn't read. Another thing is that the person who setup this connection, sent me the contract to sign, etc. *never told me to read and sign, just to sign*. I know he did because I have the phone call recorded. I don't know if that's legal grounds for anything.

Point being, if I want to get out of the contract, I'll owe Suddenlink everything that I would have paid for the remainder of my contract. At the time of writing, it's about $4,000. Do you guys see any way out? This massive internet bill is taking away nearly all of my disposable income.

Answer:
 You are expected to do due diligence and read what you are signing.Answer #2: >never told me to read and sign, just to sign.

Dude, really?Answer #3: >Another thing is that the person who setup this connection, sent me the contract to sign, etc. *never told me to read and sign, just to sign.*

How old are you?Answer #4: You are bound to the terms of the contract it's really that simple. Chalk this up to an extensive life lesson. The only out you may have would be if they aren't providing the service they are supposed to provide. (like a guaranteed speed)

> as I run several servers from my home.

> This massive internet bill is taking away nearly all of my disposable income.

You should consider taking up a hobby you can afford.


Title: (Louisiana) Who has more of a say in how my half-brother (17 y.o.) spends/manages our upcoming inheritance? Me or his mother

Question:
I love my brother. I want the best for him, specifically a KISS Trust to ensure his inheritance money funds his education, and doesn't get wasted. The kid blew threw his first (unrelated to this) lump sum in weeks. His mother, who's only just recently come back into the picture, has the view that it should be spent on expenses (i.e. buying his first car, car insurance, etc.) that I think she should pay herself. Who has the legal right to decide how this money gets used? He turns 18 in 5 months, and there was no notarized will. The amount is hardly 5 figures.

Edit: His mother does of course have custody of him.
Topic:
Wills Trusts and Estates

Answer: Why would you think *you* get any say at all?! Do you have custody of him?


Title: Is it legal to sail from one country to another, docking on private land, or is it mandatory to go through government ports?

Answer: Depends on the countries and the reason for the trip.


Title: My colleague's credit was absolutely destroyed by his mother during his childhood. Is there anything he can do to clear debt accumulated falsely in his name?

Question:
His mother started using his SSN when he was as young as 8 years old to apply for housing, auto, and student loans. We also see delinquent debt from medical visits and two credit cards.

I don't have the details, but his mother is more or less estranged from the family. Though we have her contact info, my friend tells us she's more than likely never going to start repaying the debts.

I know nothing about this kind of stuff but want to point him in the right direction. He seemed pretty complacent about the situation until he had to move, and found that no agency will consider his applications after having checked his credit.

Any insight would be greatly appreciated and quickly passed through to him! He's a great and responsible guy financially, just having to live life completely without credit, and it's a shame he's going through all this trouble.
Topic:
Credit Debt Bankruptcy

Answer:
 His mother has committed severe identity theft. He wouldn’t need to chase after her for repayment because this is a criminal matter, not civil. If he reports her to police, they’ll do the chasing. He’d just be cleared of the debt and she’d more than likely be going to prison when caught.

Same process as it would be if he didn’t know the  identity thief, they don’t make the victim take the fall for the debt.


Title: [Illinois] I saw a cop do a quick uturn on the street to pull me over for speeding. Will I win if I fight the conviction?

Question: How do you even fight speeding tickets where do they get evidence? I did see him do a quick uturn out of nowhere and from where it looked like it seemed illegal where he did it. What evidence do they go over in court? I legit saw him do that which is why I want to fight it.

Answer:
 Cops are allowed to do a lot of things you are not.

That he pulled a uturn isn’t gonna matter in relation to your ticket.

If you want to fight it get an attorney. Answer #2: You do understand that the police do not have to obey all traffic laws when pulling you over, right?


Title: [Lansing, MI] Was found at-fault in a car accident, but I'm not so sure?

Question:
Last night I was approaching a flashing yellow light at a large intersection (which from my understanding meant "proceed with caution") and proceeded to drive thru. As I was entering the intersection a truck decided to pull out and I crashed right into the side of it. No one was injured, but the front of my car is rather damaged from it. The police officer decided that I was at-fault because the witness in the truck's vehicle said everyone else at the intersection was treating it like a four-way stop. He chose not to issue me any ticket and also mentioned that he would include in the report that the lights at this intersection were screwy. My light showed flashing YELLOW while the trucks light showed flashing RED. This, to me, was incredibly odd. Why would I be at-fault if they were the ones pulling out on a flashing red light?

The police report is not available yet, so I am not sure what all the officer decided to include on the report.

How should I proceed with this?

Answer:
 You insurance company will determine who is at-fault. File a claim and clearly state what happen. Answer #2: OP I am a licensed adjuster and I specifically handle MI claims.

MI is a no fault state wherein each party will have to file a claim for damages with their own insurance regardless of fault (except in certain instances which your situation is not one) so any damage to your vehicle you file with your insurance company, and the other person does the same with theirs. Each insurance company will determine who is at fault, they will consider any police report or citations but insurance companies deal with civil liability and police deal with criminal liability. If your insurance company accepts liability the other party can collect from your insurance company what is  called a mini tort claim which is their deductible that they had to pay or if they did not have collision coverage then $1000 max.

You need to call your insurance company and give them all the information about the incident. You pay them to handle this for you.


Title: [GA] I have a female friend (17) who was molested by her grandfather from ages 7 to 10. She believes her cousins (6 and 8) are experiencing the same.

Question:
Her mother and father have both known about her molestation since she was 10, and she went to a single therapy session for it at the time but did not find it helpful.

She has an aunt and uncle who now live in her grandfather's house with their two children (6 and 8). She believes it is HIGHLY likely they are being molested in the same way, and will continue to be.

The uncle and aunt don't know about her being molested—only she and her parents know. She is beyond wanting to get justice for her own sake, but she would like to do anything in her power to protect her cousins.

___
* What options does she have?

* In the case of legal action, what do her cousins have to gain/lose?

* With her testimony and supporting evaluations of her cousins, is there any way he could be found not guilty?

* If he is found guilty, will he go prison? Would the aunt/uncle have to find a new home? Would they be awarded damages to this end?

Answer: Call the police, now. Not later, NOW.


Title: How do I know if I have legally graduated high school? (FL)

Question:
I was homeschooled from sixth grade through my senior year. I was in a homeschool association but it was not accredited and it did not have any sort of legal standing. It was just a group of moms meeting at a church.

I was a member of the Florida Parent Educator Association, (or rather, my parents were) but it was just a thing where you pay your dues and it wasn't like they paid attention to what we studied.

I was essentially educationally neglected for seven years. Is my "high school graduation " legal in Florida? My parents say yes but I don't have a diploma or transcripts and I don't know how to prove it.

I went to college just fine, and I am currently a middle school teacher. I just want to know for future employment purposes, is there some way to prove I graduated? I did not take the GED.

Answer:
 If you graduated from college and have your college diploma, who is going to care?Answer #2: > I was in a homeschool association but it was not accredited and it did not have any sort of legal standing.
>
> Is my "high school graduation " legal in Florida?

I think you answered your own question.

If it ever comes up -- *doubtful since you graduated college* -- you can try to explain the situation, but it doesn't look like you have a "legal" HS diploma. If you're worried about it, maybe you should take the GED. As a teacher, I'd suspect, you'd breeze through it.


Title: (Ontario) Full time hours being cut

Question:
I'm on my phone, so forgive me spelling and formatting.

I work for a computer store full time, they have recently started cutting hours across the board for everyone.  Personally, I have gone from 40 hours a week to roughly 32hr/wk.

This, on top of delayed paycheques, taxes not being deducted one week but then taxes for both cheques being taken of the next pay cycle, as well as them essentially paying clients for reviews and falsely reporting client product as defective to sell them something else, I'm pretty much done with the place.  But I would like some help in figure out what my legal options are regarding my cut time.

Thanks.

EDIT: thanks for the responses, while I may not have a leg to stand on regarding any action I at least I know where I'm at :)

You rock!

Answer:
 Don't listen to the other poster.  Ontario (and Canada in general)  has much stronger employee protections than the US jurisdictions, so people spout off answers that are completely incorrect for here.

This is all assuming you don't have a written employment contract:

Cutting your hours by 20% would normally be easily considered constructive dismissal if you were hired (or promoted to) a full time position.  However, it gets a bit trickier if it's done for sound business reasons.  Determining whether you were constructively dismissed or not would require more facts and would cross the line from legal information to legal advice.

In Ontario, if you are fired without cause, you are entitled to being given reasonable notice of being fired, or payment in lieu of that notice.    The rough rule of thumb is one month of notice for every year worked at the job.

You're expected to mitigate the loss of income, however.  In this case, mitigating the damages would be done by continuing to work there or by looking for other work.


Title: Car locked in apt garage

Question:
So here it is Christmas time and I go out to my garage ready to get into my car, but sure enough they seem to have locked the garage door. (They have the key latches installed from the outside of it.) there aren’t any windows my remote gives feedback to confirm it is sending a signal and I’ve called for emergency assistance but they won’t respond. The office won’t reopen until Wednesday which I’ll have to have my car to get to work in the morning.
 I have a receipt for when the garage was paid for.

What advice do you have? I’m almost to the point of wanting to bust open the panel at the bottom to crawl through. Located in Texas and it’s a monthly garage rental in my apt complex.
Topic:
Landlord Tenant Housing

Answer: This is the garage at your apartment building? Commercial lease? You need to provide more background and a location.


Title: [California] A question of curiosity inspired by Mr. Smash Brothers Melee Ragequitter, regarding usage of property, agency, and trespassing.

Question:
This is somewhat unrelated to the thread mentioned, so I decided to post it here rather than clutter up the other thread further.

There is no actual occurrence of this situation, so please understand this is a rhetorical question - it's just something I've wondered idly about.

So, I have three roommates. We get along wonderfully. But let's say they invited over someone I have extremely bad blood with. I come home and find that person here, and order them to leave. But my roommate says, no, I invited him, he can stay.

I don't know if it affects the outcome, but none of us are subletting from the others, and all of our names are on the lease.

Whose demand would hold legal weight in that situation - that is, would the person in question legally be trespassing or not?

Thanks for indulging my curiosity. Again, this is only for informational purposes, so I'm not worried about questions or speculation. If there's more information that factors in, let me know and I'll make some kind of change or addition to my question.

Answer: California cop here. As long as one resident invites the guest then there is no trespass.


Title: Apartment manager no longer allowing me to use the included Gym because of bedbugs another tenant caused. Can I ignore them and use it anyway?

Question:
Hello!

My family lives in an apartment complex and we pay some small "fees" for amenities such as a fixed monthly amount for pest control, water, garbage, etc. One of these "included amenities" is use of their 24-hour small gym. We DO pay to use the gym.

Now, through no fault of our own (it is known that our adjoining neighbor caused this), we have BEDBUGS!!!

The apartment management has told me that since we have bedbugs we are no longer allowed use of the community areas like the gym and the community room. We are also no longer allowed to enter the office for any reason. All communication between us and management is happening over the phone. We are in the process of getting the bugs exterminated, but it is taking some time.

In the meantime, can they really force me not to use the gym??? I go daily and am there for \~2 hours to do physical therapy (and I'm slow af). Is this some kind of discrimination? Do I have a right to use the gym because it is paid for by my fees? Can they really treat me this way???

The Gym and office are in a separate building from my apartment. Can they trespass me from just that building, especially since they told me I am no longer allowed to go "per their company policy, to protect themselves from getting bedbugs."

Can I just ignore them??? They can see the gym door from the office but not see into the gym. I'd be arriving before the office opens and they won't see me enter, but they would see me leaving.

I am completely willing to act passively stubborn, as in:

Manager: "You aren't supposed to be here! I told you and you need to leave immediately! (And/or not come back)."

Me: "Yeah, I'm not gonna leave. I pay for this and I have a right to be here." (Essentially...Fuck You).

I can verbally shut down anything the manger throws at me. I will simply refuse to stop coming back to the gym and he can go cry about it idgaf.

But can I get in legal trouble doing this???

Is there a likely response I can expect if he decides to call the cops?

If he can officially trespass me, does that go on a record of some sort, and will that show on any checks that people may do for renting other properties or if I should get pulled over in the future?

Thank you for any advice!

Answer:
 As a common courtesy, I wouldn't use the gym until the bedbugs are gone. Regardless of who started it, you have them now, and apt management is trying to limit the spread of a terrible nuisance. Would you want others to do the same for you? Answer #2: I wouldnt go just as a courtesy to other people who live there. Bed bugs are easily spread. Just make sure they prorate the fee for the amount of time you are missing out on the gym.

Answer #3: Does your lease give them the authority to revoke access to the gym for any reason? Is the gym specifically included on your lease? I imagine the concern is that you'll spread them, do you not see the potential for spreading them?


Title: My ex is offering me $15,000 to get married. Is it a good deal? Any pitfalls to be aware of? (CA)

Question:
I was married to my ex until 2009. He has to pay me $3000 in alimony per month. In 2011, I got engaged to my fiance, but we haven't got married. My accountant said that if we get married, we will gain about $2,300 a month in tax benefits between me and my finance, but I will lose my alimony which is more than that, so it isn't worth it. My ex has sent me a letter (through his lawyer) offering me a one-time payment of $15,000 to get married so that he can terminate his alimony obligations. I would like to know if anyone has any experience with this type of situation. Of course I would clear it with my lawyer first, but I wanted some guidance on here.

Other relevant information: I currently make $82K a year. My fiance makes about $50K. We live together and have a son who is 2. We have a house with about $400K left on the mortgage. We both have our own cars which are fully paid.

This is a cross-post from r/personalfinance, and the mods there suggested I post here.

Answer: I would expect that if you refuse, your ex will file a motion to terminate spousal support anyway.  Which is supposed to be, in California, for a limited time, and to help get an out-of-the-workforce spouse get back on their feet.  Unless he makes more than triple what you do, I think he has a pretty good argument that 7 years of support is enough, and that you are avoiding remarriage solely to keep support you don't really need.


Title: My family is getting texts that take us to a porn site where my sister is being used as an ad.

Question: So obviously my sister is not actually involved in any of this. When you try to view the "sexy images" it takes you to either an advertisement or to a page where you have to make an account. The website is mysharedcams.com or something like that. Where do I post?

Answer: Who took the photo of your sister?


Title: Can I ask for my therapist to delete my file??

Question: I tried searching it online but not much showed up.. can I ask them to destroy all of the notes they took at counselling services?

Answer:
 > and I don’t trust her

If you ever have evidence there was a breach of confidentiality, you report that to her governing body (and potentially sue if it causes damages). That is your protection here.


Title: Is it ever okay to run a red light?

Question:
Now, I know the question sounds really stupid, but hear me out for a second.

My street is a semi main road (My Road) that intersects with the actual main road (Main Road). Now Main Road is a three lane one way, heading left if you’re pulling on from My Road.

The intersection of My Road and Main Road is a four way intersection with lights, operated I assume by a pressure plate. On My Road, there is a lane to go straight and continue onto the rest of My Road, or a left hand turn that has a dedicated left turn signal— you cannot turn left if the left hand turn light is anything other than a green arrow.

During the day, there’s enough cars flowing through the intersection that the lights go off fine and traffic generally moves pretty quickly. But really late at night or early morning, there’s often VERY few cars on the road in this area. So when I get up and leave in the morning between 5-5:30AM I pull out of my driveway and get in the lane to turn left onto Main Road. But most of the time, I’m stuck at the light for quite a while (this morning, I timed it and I stayed at the light for 7 minutes) and not able to turn left. I’m not sure if it’s because my car didn’t set off the pressure plate or what— but typically it’s a waiting game until the light decides to change or another car pulls up behind me.

There’s typically a strong police presence in this general area, and I don’t want to purposely run a red light. But is there any amount of time where it makes it appropriate to check directions and take the turn without a green light?

Answer:
 Some states have codified what to do a malfunctioning traffic signal that is illuminated but not cycling.

I’ve also seen where motorcycles can run the red if they sit for a certain time and the light doesn’t change.

Your time would be better spent complaining to the city street department to get the light adjusted, making a right on the red, or going a different route. Otherwise you’ll be dealing with this in court and a judge may or may not agree with you.Answer #2: If I was stuck at the same light for the same reason for 7 min every day, I'd try two things:

1.  Complain and see if I could get the light fixed or changed.

2.  Turn right then make a u-turn as soon as it's safe and legal.Answer #3: **Not legal advice:** It's not a pressure plate, it's an induction loop that detects the presence of metal... essentially a large metal detector. My wife is an electrician and has installed tons of these things.

**Also not legal advice:** Call the authority responsible for the signal, and report that it is malfunctioning. They will fix it. The loops need calibration, and occasionally break.

**Legal advice:** It's illegal to run a red light unless there is a specific exemption in your state law. Since you didn't give a location, I can't help you with that. If you get pulled over, you may get a warning, you may get a ticket, it all depends on the officer and their mood.


Title: Curious on entrapment laws in Southern California.

Question:
We all know police officers can impersonate drug dealers and prostitutes to catch individuals engaging in those crimes, which seems like entrapment to me, but quite obviously isn't.

It got me to thinking, do police use similar tactics to lure in rapists?

What if female police went out and did what they call "rape-baiting" in order to entice would-be rapists to engage in raping her, all under the careful watch of undercover police who would intervene as soon as the rape began.

Of course, rape requires penetration, so would the cop have to be penetrated, making it impossible to do this?  Sexual assault could still be charged, without penetration.

Does this happen anywhere?  If so, how is it not considered entrapment?

Thanks!

Answer:
 There are much bigger issues here than entrapment. Namely that no department is going to have their female cops going out and trying to get raped.Answer #2: I'm pretty sure no police officer is going to allow themselves to *actually* be sexually assaulted in order to secure a conviction.

More theoretically, since sexual assault has an element of consent (unlike prostitution, dealing drugs, etc), it's not even a sure thing that this would be classed as sexual assault, although attempted sexual assault might still be open.

And no, just like drug and prostitution stings, it wouldn't be entrapment.


Title: Bought a lemon car in Texas

Question: Went to a small dealership that sells auction cars "AS IS" and found a seemingly great deal on an SUV, bluebook was at 13k and got it for 9k. Test drove the car for a good while, seemed to work fine, carfax was great without any incidents and service records good. Finalized everything and drove the car off the lot and 10 miles down the road the engine blows. I call the guy and he says "no returns, it is sold as is". But he tows it to a shop to look at it and tells me it needs a new engine. I do not want to spend 5k on an engine, and just want this off my back. Am I just screwed and stuck with the car or is there any hope for my situation to sue the car dealership?

Answer: Lemon law involves new cars, not used cars. When you buy a used car that is as-is, unless the seller actively hid something from you, then you are out of luck if something goes wrong.


Title: [North Dakota]Employer is asking for drug test but charging for it, is it legal for them to reject my drug test results if I go to a different drug testing location than they requested? I don't have much money but get regular tests at the VA and want to use that to prove I never use drugs.

Question:
I am trying to get some work through an independent contracting company but they "ask" me to pay for a background check and drug test. It's not required but if I don't do them my account will never be seen by people requesting work. I just recently stopped being homeless and so I don't have much in the way of funding/money so 40$ for a drug test is huge. I don't own anything really to sell either so raising that kind of cash is extremely hard. I did already pay for the background check.

To get my regular help at the VA I take drug tests very regularly usually one every one-two months. I'm also about to take another drug test in a week for my checkup so it would be a huge savings on my part to use those results.

The problem is that on the employer's website it states that they cannot verify external drug tests results and that I must go through the company they "partnered with". Is it legal for them to reject results from a US Federal Department? Wouldn't it hold much more sway than a regular random company since they have every possible license as a part of the US government?

I don't use drugs and never have used drugs it's just that I absolutely need to save as much money as possible so that when I do get a work offer in i'll be able to drive to that location. The VA is paying for my rent which is great and I do get food stamps as well which lets me eat more regularly but I have less than $250 in total of that I need to pay for electricity, $30 for rent(part of the program that i'm in), and my cell phone of which I must have in order to get work as well as use the internet. Since being in the military i've had to take uncountable amounts of drug tests and never failed a single one. My job(s) was/were very dangerous so they always tested us(Munitions systems, EOD as contractor). I'm not worried about failing a test I just am worried about being able to afford to pay for a drug test. I just don't want to be homeless again.
Topic:
Employment Law

Answer: They can accept or reject whatever they want provided it’s not discriminatory against a protected class. Have you tried calling and actually asking them? The website policy you read may have exceptions if you explain your circumstances. Good luck!Answer #2: Is this a legit company with an office? Have you been there?