Title: 18/F I was given a subpoena to testify against my dad in court, so I have to actually testify?

Question:
I live in Michigan, by the way.

As my title states, I was given a subpoena by the police that states I have to testify against my dad in court. I really don’t want to do that, he’s my dad, and he didn’t actually do anything wrong. But thanks to the fact that me and a few other witnesses didn’t see the whole thing, they are trying to charge him. I don’t really want to go into details for various reasons, but I can provide details if I need to. Do I have to testify? Or is there anything else I can do to avoid this?

Answer:
 You can either testify, or hire an attorney to try to quash the subpoena and potentially still have to testify. A court order is not a polite request.

If you have some sort of professional privilege that allows you to withhold information, or if your testimony would tend to incriminate you, you may have grounds to refuse to answer specific questions, but you still have to show up.


Title: [Maryland] 90 mph speeding ticket

Question:
I was recently ticketed 90mph in a 60mph zone in Maryland and could really use some advice.  This is my first speeding ticket in Maryland and I have had my Maryland drivers license for 12 years.  I got a speeding ticket in Virginia about 6 years ago and that was the only other time I ever got a speeding ticket.

Two citations:

1. Driving vehicle in excess of reasonable and prudent speed on highway speed.  Payable fine of $90.

2. Exceeding posted maximum speed limit: 90mph in a posted 60mph zone.  Payable fine or $290.

One warning:

1. Negligent driving vehicle in careless and imprudent manner endangering property, life, and person.

The officer did not explain everything to me and I need some help deciding what to do.  The ticket says I have three options:  1. Pay the fines, 2. Request a waiver hearing regarding sentence and disposition instead of trial, 3. Request trial.

First question is does this ticket put any points on my license, and if so how many? The ticket does not make any mention of points and I know this can affect my insurance.  I am willing to go to court if it may help me in any way (reduced fine or reduced point, etc.).

I would like to just pay the fine and be done with it but I don’t really understand the difference between the second and third options about requesting a waiver hearing or requesting a trial.  Can someone please help me understand the best thing to do to get the best outcome of this?

Thank you kindly and your advice is greatly appreciated.

Answer:
 >Can someone please help me understand the best thing to do to get the best outcome of this?

Find a traffic attorney.

You're looking at 3 points on the first ticket and 5 points on the second. That puts you into the range of having your license suspended (8 points in the previous two years).Answer #2: You really should take an online defensive driving class.

Take that documentation of the completed class to the court on the date of your appearance, and they may take that as mitigating factor when deciding if they should revoke your license.

Also, slow down, will ya? You really are putting people's lives at risk, including your own.


Title: [Florida]Does the cooks at my workplace have the right to go on strike against an inept owner

Question:
We work at a mom and pop style restaurant in Florida and this is our owners first time running a business. We like him as a person but as a business owner hes completely inept. We've tried talking to him about inventory management, following our order list, and leaving our job to us but he doesnt listen. He's the kind of guy that thinks when hes right hes 100% right and you cant argue with him.

I don't think we have a union so can we legally go on strike asking him to hand over the business to someone more capable of running a restaurant or leave kitchen responsibilities to our lead cook.

Our boss went on a honeymoon with his wife for 2 weeks at one point and during that time our lead cook and his wife took over the restaurant and it was one of the easiest cleanest times of our lives working there.

Answer:
 You have the ability to organize a workers strike.

He has to ability to fire you all for not working.

You're likely better off finding a better job than trying to get an inept owner to change their ways.


Title: [Norway] They gave me 100k$ when I was 18, later I've gotten some diagnoses. Is there a way to get them back?

Question:
Hello everyone and I really hope I can get some clarity into the situation. Probably most of you are in the US but I would love to hear what would happen with this if it happened where you live. Just making clear this is probably not fixable and I'm not butthurt about this at all. If I got the money now I would use them different. I have had a rough childhood since my mom was alcoholic and died when I was 8 then moved into abusive home, she left me with around 100k which was taken care off from goverment company called NAV (not sure how to explain it) until I was 18. Then I went down there and signed some paper and got it all, after my rough childhood I just wanted to live and have fun and that's how to the story went. 5 years later I've got diagnosed with PTSD and some other diagnoses I will write up if necessary.

My points being:
1. It was too easy to get the money out, did'nt have to talk with anyone, just sign under and all good.
2. After a few years I've gotten a few diagnoses.
3. I did'nt feel healthy or myself at that time.

So how do I go about this? If any? I've heard storys about people getting money back from the past because of diagnoses (clear minds etc).

Answer:
 And your question is whether you can get more money, because they negligently gave you the previous money at a time when you weren't prepared to handle that amount of money?

Wow, this guy.


Title: Seizure during work due to heat, AC was broken, can legal action be taken?

Question: My boyfriend works as a server at a corporate restaurant and has had 5 seizures over the past few years for unknown reasons.  During his shift, he had a seizure in the serving well and the hospital stated it was due to heat/dehydration.  He works in Southern Alabama where the temperatures that day were well over 100 degrees with extreme humidity.  The air-conditioning at his restaurant was broken and the restaurant did not take any measures to ensure their employee's safety.  They called an ambulance and had him taken to the hospital from the restaurant.  He has good insurance from his family so everything was covered but his manager did say they would pay for the hospital cost.  Corporate is supposed to call him and find out his condition and such.  Is there any legal action that he can take as far as receiving compensation or anything similar? Thanks!

Answer:
  He has a history of seizures for unknown reasons so I don't think you can proove the heat caused it. Even then, if he knows heat can bring on his seizures then he should've requested health accommodations. If then they still forced him to go out in the heat then he has a leg to stand on legally.

Your healthcare insurance company may want to go after the restaurant for expenses occurred at the ER. But you don't have to worry about that... They will take care of that themselves.


Title: [NH] My drs did not follow proper protocol and I got cervical cancer- do I have a medical malpractice suit?

Question:
In 2013 I had a Pap smear and received the results of atypical glandular cells (AGC) which are rare and highly indicative of cervical cancer and require, per Bethesda medical recommendations in 2011, several follow up steps that were not taken.  (I did not know how serious this was and trusted my doctor). They did the required colposcopy, but not the required endocervical cutterage (ECC). The AGC showed up again the following year, and again they did a colposcopy but no ECC. In 2016 they found another kinda of abnormality and the report states clearly a more advanced lesion may be present, they followed with another colposcopy in 2017 and despite inconclusive but results suggestive of precancerous cells they did nothing further. This year the found AGC again, and I was finally with a doctor (same practice different dr) who understood how serious it was and got me to an obgyn. Every other time they sent me to another dr in the practice (NOT an obgyn) for the colposcopies, but this time I finally got to the right doctor, and I did my research. I advocated for myself and demanded an ECC, petrified that they had never done one, and sure enough they found cancer, adenocarcinoma. I’m recovering from my hysterectomy now, luckily it didn’t advance far and was in the earliest stage but I still needed the surgery because it had spread to far up and back. And as a result I can never have children.

Now that I’ve done a whole bunch of research I can see clearly that they did not handle my case correctly at all. They should have followed up with ECC’s after every colposcopy and should have offered me the option of a LEEP or cold knife conization procedure to remove the precancerous cells so they couldn’t develop into cancer like they did. When I told me OBGYN she completely agreed. I’m outraged and disappointed and left that practice immediately and haven’t returned. I had been a patient there for 30 years.

My question is do I have a viable medical malpractice suit on my hands? And if so what are my next steps?

Answer:
 You probably have a deviation from the standard of care and you have damages (permanent loss of fertility).  Those are the baseline requirements for a malpractice case.  Everything else is going to depend highly on the specific facts of the case, so you should talk to a malpractice attorney.  Typically a consult is free and they work on contingency (a share of any payout) so it is unlikely to cost you anything to do this.Answer #2: You should absolutely positively definitely contact a medical malpractice attorney.  Answer #3: Malpractice of any kind is very fact specific and it is unfortunately beyond the scope of this subreddit.  If this is a medical question, it is highly recommended to speak with a medical malpractice attorney; your state's bar may be able to refer you to one. They typically work on contingency, meaning there is little up front cost to you. Similarly, consultations are typically free. It wouldn't hurt to meet with one, have them look over your info, and go from there.

If this is a question about legal malpractice, you should seek the advice of a second unrelated attorney and/or report the matter to your state bar association"

*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/legaladvice) if you have any questions or concerns.*


Title: Apartment maintenance knocked over my TV and broke it

Question:
My apartment management let me know that the A/C filters in my unit were going to be changed today. My TV is right next to my A/C unit so I took a picture of my TV setup in case something happened. I come home to my TV shattered on the ground.

They're saying that my TV was too big for the stand and aren't going to replace it. Though my TV is too big for my stand, I have had part of it placed safely atop my computer tower. It's totally stable on there.

Do I have a case? Who should I call?

I'm located in the US.

Answer:
 You can sue them in small claims court for the value of repairing or replacing the TV.

If there is no disagreement about whether or not they knocked it over, then my guess is you would be pretty likely to win.


Title: Immigration attorney put wrong country of birth for my wife's employment authorization form. Now we have to file a new one, which will be $450. Attorney didn't send it to us to review before sending it out. Can we get them to pay the filing fee this time, since it was their fault?

Question:
This happened almost a year ago. The lawyer never sent us the documents they filed. When my wife got the card in the mail, she immediately emailed the attorney to inform her that the card had a mistake. The attorney said she would take care of it, via email. The attorney left the firm that same month. We called the firm today to get a copy of the filing, and sure enough, it was incorrect. They put United States as country of birth, which makes no sense because if you were born in the US, you wouldn't need employment authorization. They also screwed up on her sister's form as well, by putting my wife's birthday on my sister in laws employment authorization form. I called the partner in charge of immigration law and left a voicemail yesterday, as well as an email, but haven't heard back yet. Basically, we paid them so it wouldn't have any errors, so I want them to remedy the situation.

Edit: country is the United States.

Answer:
 Absolutely. That's the least they can do. I screwed up a corporate filing once, and I mean *really* screwed it up and ended up refunding all of the fees and paying the new registration fees out of pocket. Answer #2: if this is before the card was issued you can probably get it corrected.

The best way to go about fixing a mistake prior to the EAD being issued is by calling the USCIS customer service number found on the receipt you receive in the mail after filing your I-765. You will likely have to wait on hold for some time, but it is better than waiting months to get a reissued EAD if the mistake ends up on your actual card.

if refiling is required and if it was your attorney's mistake you would have a reasonable claim for them to cover the fee of refiling.  this would be up to you to discuss with them.


Title: [NYC] Former roommate stole my identity, signed a lease in my name, and he stopped paying rent

Question:
Ten years ago, I was living in NYC with a roommate. I moved out after the one year lease was up, but my roommate stayed in the apartment. I informed the landlord that my roommate wanted to take over the lease, but somehow, my roommate was able to re-sign the lease using my name. Presumably, he did it because I was the original lease signer and had good credit, and his credit was really bad. I don't know how he was able to use my name, but the landlord wasn't very organized, so maybe he just forgot that I was moving out.

6 years passed, and the roommate lived there the entire time, continuing to resign as me. Apparently, he was often very late with the rent, but only stopped paying about 3 years ago. My name was still on the lease, so the landlord sued me for unpaid rent. I never received the summonses, as the landlord sent them to the apartment that I hadn't lived in for years. I only found out when my application for an apartment was rejected because the lawsuit came up during a background check. It ended up costing thousands in legal fees. The landlord stopped suing me when it was apparent that I hadn't lived there after the first year, and with my testimony, evicted my former roommate. My lawyer's advice at the time was to not sue my former roommate, as it would cost thousands and be hard to recover any damages. He also said that there wasn't much I could do about the former lawsuits from the landlord on my record, as getting them expunged would cost thousands more and may not even be possible.

It is now 3 years later, and I've started looking for a new apartment again. My credit is really good, and I've never been late with rent anywhere that I've lived, but these lawsuits make it hard to get a good apartment. Is there anything that I can do to convince management companies and or the background check company that these suits do not make me an unreliable tenant? Despite my lawyer's advice, is there any way to get these cases removed as it was identity theft? Do I have any legal recourse to amend my background check?

TLDR; Roommate stole my identity, signed a lease in my name, and stopped paying. This has made it harder to rent good apartments. What can I do?

Answer:
 It seems like you're mostly not asking for legal advice (going after your former roommate or anything similar) - rather you want to know how to find apartments to rent to you. Have you tried getting a letter from the landlord who tried to sue you explaining that you were a model tenant and helped them evict a later tenant / providing context to the lawsuits and recommending you as a tenant?

I do think you should get a second legal opinion regarding your roommate/past landlord but IANAL.


Title: [US MN] My child accessed nudism site

Question:
Hi reddit,

&#x200B;

My son (14) used the family tablet to search for nudism. I found out that many of these sites have pictures of minors, so I´m concern.

&#x200B;

While I understand nudity is not porn and nudism is not cp, I just want to be cautious. Apparently he repeatedly looked up nudism with sites like purenudism and whatever on Google image. Should I be concern with anything? Purenudism claims they are legal in the US and from description, seems like they are based in US too, so I don´t think they are illegal if they are up for so long. Plus Google was ok with having them up...?

&#x200B;

I´m just super concern. Can someone help?

&#x200B;

Thanks reddit

Answer: Just a lil curious.... maybe it’s time for “the talk”


Title: New Attendance Policy Legal? (Nassau County, L.I., N.Y.)

Question:
Hi all,
   So the quick version is that my manager has implemented a new attendance policy that I have my doubts about.  Basically, we recieve 1 point for absences, 1 point if we leave more then 60min early and 1/2 a point if we are 6 or more minutes late.  We recieve a write-up at 3pts, 5pts and fired at 6pts.  All three categories listed above count towards the same point total.  There is no way to remove points in any way, the point total resets at the new year and that's it. My question is, is this legal?  I could be late 10 times and absent once and I'd be fired for breaking this policy, which doesnt seem legit to myself or anyone else these rules apply to (naturally the manager in question doesn't have to abide by his own rules).  HR is aware and fine with it.  Is there any legal action I can take to rectify this?  Any legal doctrine I could bring to HR's attention to get them to fix this policy?  If the point totals were seperate, or at least the absences had their own total then, while I still wouldnt like it, it would at least allow a person to get sick and still have a job.  Any advice or guidance will be greatly appreciated.
                                    Thanks in advance Redditors!

Answer: Why exactly would you think this is not legal? Why do you think you have a right to show up late to a job or to leave early?


Title: Consumer fraud/embezzlement victim- $40,000 out

Question: [deleted]

Answer: ...you aren't a victim, you're a co-conspirator in a plot the defraud a retail chain of over $40,000 in inventory. Answer #2: Sorry to hear that. Without details our only advice would be to consult a local attorney.


Title: Blocking Defendants In Lawsuit From Getting a 911 Call?

Question: I am suing someone and there was a 911 call which occurred on the night of the events in questions. I am SURE that the defendants never heard or listened to this call. But as soon as they are served with the lawsuit, they will probably contact the police department to get the recording, and then use it against me. They will probably lie and say they listened to it on the night of the events that happened, or some other time in the following days.  Is there anyway to block them from having it??

Answer: [Relevant post history?](https://www.reddit.com/r/mentalillness/comments/9dckra/drunk_in_jail_vs_mental_hospital_survivor_of_both/)


Title: Local school district refusing ro review my application. Do I have any legal recourse?

Question:
Around this time last year I applied for a substitute teaching position with my local school district. A few weeks later a women from a local middle school called me and asked if I would like to become a permanent sub their. Being underemployed, I jumped at the opportunity. I received an email from the school district's HR department several days later asking situational  questions, and sent my response back a few days after.

Fast forward to January, two months after I was initially asked if I was interested in the permanent sub, I have heard nothing from HR. I have called and emailed the HR department several times in an attempt to follow up with my application and the job that I had been offered.

Finally, I go to the office myself to speak with an HR rep about said job and my application. After waiting an hour, an HR rep takes me to her office and says that she did not like one of the answers to my interview questions. Specifically, one question asked how I would have handle disruptive, disrespect students, to which I replied that I would handle the situation as I deemed appropriate. The HR felt that I was implying physical and/or verbal abuse, which I most definitely was not. I explained to her that every situation is different, and therefore requires different forms of discipline depending on the age of the student, the behavior in question, the students capabilities, etc.

She said that it didn't matter and that the decision to reject my application had already been made. She said the reason she hasn't returned my emails/phone calls was because she was "sick and it was the holidays," but told me that I could reapply the following year for the same position. So of course, I reapplied this September, and as expected, have heard nothing back on my application even though I have followed up with HR via email.

I believe that school district in question in stonewalling me because they simply don't like me or the fact that I held them accountable for failing to return my emails/phone calls in a timely manner, or perhaps, because I was so persistent in attempting to find out about the permanent sub job I had been offered.

It's especially upsetting because I have proved my ability to work as a substitute in several different school districts.

I know it's a long shot, especially considering the size of the school district and it's ability to hire the most prominent lawyers in town. Still, what they are doing to me isn't fair, and I'd like to know what recourse, if any, I might have.

TL;DR: Local school district is refusing to review my application, despite my best attempts. I feel that this is retribution for having been persist in following up my application that I sent in last year.

Answer:
 You have no legal entitlement to be considered for this job, and having been so pushy likely got you blacklisted, you're correct there. Totally legal and reasonable. Answer #2: > I believe that school district in question in stonewalling me because they simply don't like me or the fact that I held them accountable for failing to return my emails/phone calls in a timely manner, or perhaps, because I was so persistent in attempting to find out about the permanent sub job I had been offered.

Probably.

But I am aware of no jurisdiction where this is illegal.

You should try to answer interview questions more completely to make a better first impression.Answer #3: No, you have no legal right to have your application looked at.

> stonewalling me because they simply don't like me

that is how many job offers are determined

>or the fact that I held them accountable for failing to return my emails/phone calls in a timely manner, or perhaps, because I was so persistent in attempting to find out about the permanent sub job I had been offered

that would turn off most employers


Title: [PA] Ran a red light, didn't realize cop wanted me until it was too late

Question:
This morning, I sped up thinking I would make a red light but very much did not. I saw a cop car but he didn't flash his lights at me so I thought I was in the clear. Further up the road, I noticed he started his lights but I didn't think to stop since he was facing in the other direction. Sitting at my office parking lot later, I came to realize that that cop was 100% wanting me to stop.

Simply put, what do I do now? Not only did I run a red light, but I also ran from a cop. Do I go to the nearest police station and let them know? How do I mitigate damages?

Answer: Odd question. So you went through the light and saw the cop as you were doing so but he didn't have his lights on? Then some way up the road you happen to notice be turned his lights on but was facing the other direction??? Was he turning around to come for you? What was he doing? Was there a lot of traffic? Your story doesn't make a lot of sense to me. Maybe he saw you do it, but there was to much traffic to spin around to stop you, so he just said fuck it. I've done that before. I wouldn't worry about it dude.


Title: Airbnb host taking me to small court!!

Question:
So the host wants 1200 USD for things broken while we stayed in her house, some off these things she has a good argument for, and some we didn't do. She wants money for the time she used on cleaning and the time she used on driving and painting the walls. So overall it properly looks like we did some of the things. My question is: Does she have the legal right to get money off us, after all, she did let us into her house, what side will the court normally go to. Like should we just pay, or even how much evidence she has, she can't really get money from us as long as we say it is not us.

Thanks

I live in Denmark

Edit: Most of the money she wants is from the time she used on cleaning and painting and driving, Airbnb covered the rest

Answer:
 > Does she have the legal right to get money off us

If you damaged her property of course she can.Answer #2: Well yeah. If you damaged her property you have to pay for it.


Title: Are showers at night illegal? (Quebec, Canada)

Question:
So I have this neighbor, who out of nowhere tries to break the door down when I try to take showers late at night to tell me I can't take a shower because he doesn't like the floor being wet. And yes, that is the reason he's given me.

I told my landlord about it, and being the amazing landlord that he is, he shows him pictures of how my room was not clean that one time (It really wasn't that bad, I cleaned it all up in like half an hour) and apparently does nothing else.

Now today, I try to go take a shower, expecting the landlord to have dealt with him, since he didn't come to my apartment to tell me to stop showering. Yet again, he tries to break the door down to stop me from showering and tells me what the amazing landlord did. My other neighbor intervenes though says I should take my showers during the day (When I'm asleep, basically) and that I'm being unreasonable to the guy who wants to break down the bathroom door.

So tomorrow I'm gonna go see the landlord again about it, and if he doesn't do anything about it then I'll have to call the cops on my neighbor. But I want to know if it's illegal to take a shower at night first, just so I don't have the cops side with the maniac trying to kick in doors to stop wet floors.

Edit: It's a single room apartment with shared showers, like college dorms. He's not trying to break into my own apartment otherwise I'd be calling the cops directly

Answer: Buy an extra towel and use it to dry the floor after the shower


Title: My car was backed into in a parking lot while I was at work

Question:
The people who did it left a note with their contact info. I called their insurance and started a claim and I come to find out now, two weeks after the accident, the people still haven't returned any of their insurance companies calls. Should I be worried? Should I get police involved?
Edit: Oregon, USA

Answer: Do you have your own insurance? This is what you pay them for.


Title: [KY] Written up for discussing wages.

Question:
r/legaladvice
Written up for discussing wages at work.
u/Vocalvyingvivacious
So while I don't need a lawyer just yet, I was planning on applying for a transfer and I'm rightfully irked that I immediately recieved a write up for this. Longer version of the story if anyone is interested in details, skip to the last paragraph for what I need advice.

My manager on duty was complaining about how she should receive a share of the tips that we combine and split because she does more "running" than me. A job duty which is completely separate from mine most days. I pointed out that she's A: a manager and B: makes more than us. She scoffed, saying not really and I asked her, "You don't make more than $12/hr?" (Note that I didn't say that was my wage, could have been anyones.) Then she got very reserved and strict, telling me how it wasn't allowed by company policy and that we signed papers and blah blah blah, in regards to discussing wage. I informed her otherwise about how bs and illegal that is, she got annoyed looking and we parted ways. Less than ten minutes later my big boss is asking me if I was discussing wages, telling me that it was "against our company ethics and policy" and that it's a write up for me. No verbal, straight write up.

Do I talk to that boss, to HR? What exactly should I have prepared to say if so? I'm aggravated beyond belief and know this isn't right. Do I have any recourse? Anything I should do to prepare in case this situation escalates? I do work in an at will state and know there's some danger.

Answer: There’s nothing illegal about discussing your wages. Companies don’t want you discussing your pay because if you don’t know what others make it’s easier to pay you less.


Title: My landlord wants me to show my apartment to potential renters alone in the evenings

Question:
I'm moving out and informed my landlord. He just asked me when I'm free tomorrow to show the apartment. I asked him to clarify, and he found potential renters on craigslist and would like me to open the apartment and show it to them.

Is this the regular way that they show the place? I feel pretty unsafe with this arrangement and would very much not like to be alone with craigslist strangers.

Answer: Your landlord has the right to enter to show the property with sufficient notice at reasonable times. You can absolutely refuse to allow strangers in without him present and you should tell him this right away so there is no confusion.Answer #2: Sometimes tenants agree to show the apartment for the landlord for a preset rent reduction per showing but it’s totally up to you if you want to absolve yourself of all responsibility or make an offer.


Title: Judge may be related to witness-

Question: Long story but my husband requested a hearing fight a temporary 2 yr HRO- full of lies and not one thing listed is actually harassment (the things listed are laughable). He noticed the judge has the same uncommon last name a someone else majorly involved- I didn't notice because her last name is different than her husband's, who's name appears a few times, and she's only named by her 1st name. Is that legal?

Answer: It may be a violation of judicial ethics, depending on what the actual relationship is between the judge and the witness. If they are father and daughter, for example, or siblings, that's likely a huge no-no; if they are third cousins but aren't personally well-acquainted, and the judge has no particular personal or financial stake in the outcome, it's not a big deal. See the [Minnesota Code of Judicial Conduct](https://www.revisor.mn.gov/court_rules/pr/subtype/judi/id/2/#2.11), at rule 2.11.


Title: Construction next door damaged our cherry tree. Boise, Idaho

Question:
I posted this a few day ago, and it didn't seem to get seen, so I'm just trying again so see if anyone has any input. Thanks in advance!

We  are renting a house in Boise next door to a large lot that is being  developed with a few houses. Our driveway is close to the property line  next to the lot being developed. We have a big, mature, cherry tree next  to the driveway even closer to the property line. Apparently the  developer tried to force our landlady to cut down the cherry tree about a  year ago (as well as tear down the garage but that's another story) but  she didn't and instead had the property lines  verified and then had her arborist cut the branches that were  hanging over the property line and trim the tree in a way that would  encourage the tree to just grow on our side of the property.

Last  summer they did the leveling of the lot in preparation for building and  we noticed that about 5-6 feet over from our property line into their  property, they had deeply hacked a very large root from the cherry tree.  My landlord took pictures and she has those.

This  spring the damage is showing up. While last year she had a major  harvest of cherries (shortly before we moved in), this year about  40%-60% of the branches on the tree are dead with no big green buds like  the rest of the branches.

Furthermore,  they haven't even started on the house that will be close to our  property line. All the houses will be packed into the lot, with no  yards, rather just "common space" between them, and there won't be much space between our property line and the house. The house going up close  to our property will have a basement like the others, so I'm assuming  that the tree will end up being killed in the end as they will likely destroy the roots.

I'm guessing there's  nothing that can be done as we obviously can't stop the development of the house. But just to make sure: is there anything at all that can be done? Even just for  the damage done so far? I'm just really sad to be losing the tree.

I  don't know how old the tree is. Our landlady bought the house about 15  years ago and it was a mature and abundantly producing tree then up  until this spring. She's one of the best landlords we have ever had, so I  just wanted to see if I could help her out and get some information.  Thanks!

\*I should add that the  developer has been a nightmare and a bully to the neighborhood, so just  having a conversation with him about it will not lead to any good  results.

Answer:
 > We are renting

I stopped reading here OP. The tree isn't your property, it's your landlord's. If anyone is going to take action, it needs to be your landlord. If you haven't already, report the damage to the tree to her.


Title: [FL] First DUI in car turned off. Interesting twist.

Question:
2 days ago, I foolishly decided to drink a whole half gallon bottle of vodka when I was on my 15 minute break. I was sitting in the car which was off and supposedly a lady saw me drinking alot then exit the car and stumble forward and fall getting back to work. She called the cops who then gave me a DUI charge and took me to the hospital to get my BAL checked, probably because I wasn't able to complete a breathalyzer test.

I spent the night in jail, had a $500 bond which I wasn't asked to pay due to being on pre-trial release. I have a court date setup for next month. The documents I have make no mention of BAL, just stating that I have a DUI charge.

I haven't received a police report and my county doesn't offer online reports so I will have to go in to get it soon.

I wonder if it would be worth it to get a DUI lawyer or just plead guilty. I'm expecting the BAL being high to make having a plea bargain much more difficult, so maybe a lawyer would probably be useless.

Another interesting thing is that I tried looking up the court date on the website and didn't find anything there. I'm guessing it might take a little while to update in their database. I've checked my Drivers license and that shows up as VALID.

This is all in Central Florida.

Thank you in advance for any advice.

EDIT: Forgot to include that I threw up and was blacked out. I had to get the information on what happened last night from my manager. I was taken to a hospital where I had blood tests done on both of my arms, I usually thought it'd be just one arm.

Answer:
 > I foolishly decided to drink a whole half gallon bottle of vodka when I was on my 15 minute break.

Sure you did.Answer #2: Yawn. Nice try troll.  Nobody is capable of drinking 1.9L of 80 proof alcohol in 15 minutes without serious or even fatal medical complications.  Try harder to be more convincing next time.


Title: [Rhode Island] I got arrested yesterday for Domestic Disorderly, I'm 24 and have no prior record, need some advice as my court date is in 2 weeks

Question:
To give a bit of backstory: I lived with my mother, who is paralyzed in a wheel-chair, has schizophrenia and is a long-time crack addict. Due to a very neglectful and traumatic childhood (and a family history of mental illness and drug addiction), I've been struggling with my own mental problems (social anxiety, depression, agoraphobia, low self esteem, etc) since I was young. I have been unemployed and seeking mental health treatment, but for the time being I have been stuck with my dysfunctional mother. Lately, things have been very stressful due to her going off her psych meds over a year ago and having been hearing voices since then non-stop with no medication helping. She recently relapsed on crack when she let my fellow crack addict cousin (in his 40s) sleep on our couch. Now, my mother and I share a foodstamp card that we're both under and she has been selling our foodstamps for drugs and lending her car out to drug dealers and using crack nonstop with my cousin. So, things have really stressed me to no end, feeling trapped and having no food or anything. I've been a bit of a father to my own mother due to her mental and physical problems, but now she's been meeting my trying to get her off drugs with hostility.

To sum up what I got arrested for: After a particularly stressful day, and huge argument with my mother, I ended up blowing up and kicking a hole in her TV. The next day, we got in another huge argument about the drugs and everything, and she started telling her crack dealer that I was flipping out and making me look bad, which gives me extreme anxiety when people talk about me, so I picked up a glass of water off her bedside table and splashed her with water in my anger. She called the police and made it sound like she was afraid of me and saying I was threatening her (in reality she's just tired of me trying to father her and stop her from doing drugs, etc.) and she showed the cops the broken TV and told them about the water I splashed on her. So, now, I have a no contact order with my mother and this Domestic Disorderly charge with my hearing in 2 weeks. It says I can get a public defender, but I was told by a couple officers and other people that the case will likely be dropped when I go to court. I'm having severe anxiety about this court date and wondering if I should get a public defender or not. I do not know if my mom is supposed to attend the hearing as well, but I doubt she will as she only cares about getting high.

Sorry for the long wall of text, I just felt some backstory was needed. Any advice is appreciated, thanks.

Answer: Request a public defender. You can't afford not to have representation.Answer #2: Get council. The police should not have discouraged you from getting council. You could go to jail. Don't say anything without council other than your name and that your want council.


Title: Afraid of husband

Question:
I am in MD.

I am attempting to leave my husband of 12 years. I asked him to move out several weeks ago, and he did, temporarily. However, his anger became out of control. He has made multiple threats of suicide, threatened to harm me as well as people important in my life.

He has mentioned he is purchasing a gun. Unfortunately, he does have access to guns even if he doesn't purchase one.

He threatened me over and over, and I invited back into the home purely out of fear. He is aware that I am afraid of him, and has acknowledged that I have only taken him back because I am afraid.

I have spoken with the police about a restraining order. The officer was quite honest and admitted that the order is usually most effective against people who are concerned about consequences, a concern my husband does not have. He also said I could petition for a 72 hour psych hold when applying for the order.

However, I do not believe that the restraining order will stop him, and he is intelligent enough to get released from a psych hold after 72 hours. And he will be furious. I will be in incredible danger.

Are there any more options that I am not aware of? Thanks for any advice.

Edit: I won't retype the update I just posted here, but thank you for all of your kind words. He has been involuntarily committed due to his own behavior, and I am getting out. I will be safe.

Answer:
 You can seek help [here](http://mnadv.org/)  Most shelters will help put you up while police involvement/court is pending.

Document EVERYTHING that happens between you and him and file police reports for any violence/abuse/threats/thefts.Answer #2: If you obtain a restraining order against your husband, after the hearing [he will not be legally allowed to possess a firearm until the order expires](http://mgaleg.maryland.gov/webmga/frmStatutesText.aspx?article=gfl&section=4-506&ext=html&session=2015RS&tab=subject5). That may not stop him if he's truly unafraid of legal consequences, but it's one more roadblock to gun violence and one more way for him to send himself to jail.

Beyond that, domestic violence shelters are there for this sort of situation. Your husband can't come after you if he can't find you, and if all of your remaining legal correspondence (police reports, divorce filings, alimony and child support suits, etc) come through intermediaries whose job is to protect you.Answer #3: Disappear.

Seriously.

Pack up, move out of state, close your social media accounts, on-line shopping and anywhere else that you need to give a physical address, get a new e-mail address that you use for everything instead of your old, don't contact any mutual friends, get a new cell phone number, phone and account. Change your appearance, don't let people take pictures of you or post them on-line.


Title: Wedding venue is claiming we never paid, how do handle this?

Question: Me and my wife got married 6 months paid for everything and moved across the U.S. (Oregon to Colorado) 3days later and while on the road I graduated college submitting the last of my work online and then went on our honeymoon 2 days after that. Figured everything was done with and then today I got an email from the venue we used asking if we paid them 2 grand and of we did to show them the statements to prove it. I honestly can't find the statements.  I can't remember how we paid since it was 6 months ago and so much was going on at the time. But we had budgeted down to the dime and we would have realized if we had an extra 2 grand. Can I just ignore the email from the venue?

Answer:
 Assuming you didn't pay cash, you should be able to get bank or credit card statements for the times in question. Please tell me you didn't pay cash.

Also, Oregon to Colorado is not "across the US."


Title: Help ! How do i fill this ?

Answer: Pretty sure this is "Date at <city where signed>, this 11th day of October, 2021"


Title: Am I being treated unfairly? Texas Pregnancy Accommodations Law

Question:
So my doctor has provided me with a written a note stating that I need to work at home when possible. I am 31 weeks pregnant, and he did not disclose a reason but my employer never even asked to see the note... nor do they want to know the reason. They immediately decided that no, my job wasn't something that could be done at home. (I am a graphic designer and yes my job can be done at home aside from the few phone calls I answer through out the week.) I offered to work in the office half a day and from home the other half but they also said no to that. So they haven't counter offered with any alternatives, no was the answer and I am expected to keep on working as before...

Is this being handled correctly?
Is this reason enough to seek legal advice?

Answer:
 Oh HELL no.

Right here, a couple hours ago, you straight up say that your doctor said you do not need to work from home: http://www.reddit.com/r/BabyBumps/comments/1wx9d9/updatecan_i_ask_my_ob_to_put_me_on_modified_br/

You WANT to work from home.

So you're trying to scam your employer by telling them you need to work from home after your doctor explicitly told you you don't need to do so.

We're not going to help you try to screw your employer.

Edit:

You're a real piece of work.
http://www.reddit.com/r/AskReddit/comments/1weiqz/i_want_to_ask_to_work_from_home_do_i_have_any/

You're tired, bored, and resentful that you are the only one who has to go in at 8am, so you ASKED your doctor to write you a note, he did, but said you don't NEED to work from home so he wasn't putting a reason.

You really suck.


Title: Company overpaid me, asks for money back

Question:
Hello all! I’m turning to you because I’m in a panic.

I work for a third party which pays us to provide special services (OT, PT, Speech) for public schools. The schools pay the company, the company pays us. I’m limited to 32.5 hours a week of treatment, and my timecards are reviewed by payroll. I billed 34 hours one week, and the time card was approved, so I thought I was okay. I worked late, I have a huge caseload of disabled students. They all require special exercises, documentation, and reports, all in between being seen for sessions. I think it’s fair to say that I should be paid for the work I do.

I was contacted by my manager today. He said that payroll noticed I often “went over hours” and was overpaid. The school district noticed and contacted the company after the whole school year. My manager claimed that it is likely the Board of Education would want that money back. Money that they paid my company that paid me. I may be forced to “pay back” the board of education (in full before taxes). I told my manager it was a mistake, and I honestly thought I was approved since the beginning of the year. They’re trying to fix it, but anyone who has ever worked for the Board of Education knows that they will drive to get the money back.

TL; DR; Company and Board of Education overpaid me, they want the money back.

Do they have legal claim to get the money they paid me back? If you have questions, I will clarify!

Cheers!

Answer:
 Just to clarify... You weren't overpaid for the work you did. Rather, you worked more hours than you were told to work.

The school may be able to get money back from your employer, depending on the contract. But your employer can't force you to repay wages for hours actually worked. However, they can discipline you for working more hours than authorized.


Title: [UK] Going home from university - parent attempting to block me returning saying "I am not welcome" - legal backing/

Question:
Hello,

I have always had a shitty relationship with my mother and am attempting to return home (I live in the same house as her back home, however my father jointly owns the house with her - they are separated and he lives elsewhere) in two days time. I have been told I am "Not welcome". She is a twisted cunt of a parent but I need to be in my hometown with my own space, room, etc to be able to do my Christmas uni work, so yeah. But I digress...

My question is, is there any legal backing to me not being able to return? When I return and she undoubtably calls the popo, and they come along, what happens then? I have not broken any laws and I am also living there? My father has contacted his lawyer about this shitty situation already re their divorce but this is shit as fuck timing for me as I return home in two days.

Please help! Give me some advice please. I'm 19 years old by the way.

Thanks

Answer: You're probably better posting in /r/legaladviceuk however I get the feeling you won't like the response. If your normal main residence isn't in the house and hers is then as far as I can see she has the right to ask you to not be there.


Title: Kohl’s just stole my identity.

Question:
I made a purchase on kohl’s for $200. They had some discontinued Nike things I wanted. Waited one week. My package was 1 day late. I checked my email and it said the order has been canceled, if I want to know more info call the number. This was from the same email that sent my confirmation receipt and the money had been credited back to my bank. I called. They asked me a LOT of questions and said I had to pass a “security screening” so I would be “eligible to speak about the order” first name middle name last name, then spelled out, billing and shipping address, type of card, bank, visa or whatever else etc. what I ordered in depth including sizes and color. It went on and on. Then I finally passed and I told them the order was canceled and I would like to find out why and get my items. They said I was “randomly selected to be part of a security screening because my information flagged the system” they asked me in depth security questions like “have you ever owned a red Ford Escape” etc etc. I did not give them date of birth or any numbers pertaining to me obviously. I kept asking why that is relevant. Then they asked for the number on the order. They said I failed the second screening because “my phone company is reporting information that does not match what I am giving them” and that “I will have to go into a kohl’s store with 2 forms of Id one must be a passport” to continue with my order. I call my phone company-fine. I call my bank-fine. I call them back and they are arguing the same thing. I say fine I will take my business elsewhere. Now I am being spammed with emails from everything from credit karma, chegg, Netflix, etc. saying my information has been breached and my identity may be stolen by another company.

TLDR; Kohl’s really out here stealing identities. Is there anything I can do legally? They are abusing the fact that they are a big company and no one would believe a customer.

Answer:
 I doubt it was truly Kohl's. It sound like you were successfully catfished. You might want to invest in some identity theft monitoring services.Answer #2: I work at Kohls.

Everything you listed is not a thing we do. If your order is canceled 9 times out of ten it’s because it’s out of stock and we’d never need any of your super personal info to get it. Hell I don’t think they’d need much more than your order number.

Did you use one of the valid numbers associated with Kohls.com?


Title: [California] Chiropractor sent medical bill to collections three years after car accident

Question:
Hi Reddit,

I'm stressing out a little bit about my current situation, so if you can offer any advice or help, I would really appreciate it.

I was in a car accident as a passenger back in 2014 in California. After consulting with a lawyer, I was told to go to a chiropractor. I signed a medical lien, but the attorney did not sign it. Two years later (2016), a settlement was reached for the case with the driver's insurance company and was sent a check that all three parties (Myself, the lawyer, and the chiropractor) were paid 1/3 of the settlement. However, the chiropractor was not satisfied and tried to pursue me to pay for the remainder of the bill. The lawyer reassured me when I received my settlement check that the chiropractor cannot pursue me to pay more if the settlement check was cashed, which I was told occurred.

Fast forward to today, I received a letter from a collections agency asking for 2x the amount (Including a monthly interest) and if I would like to dispute the claim, I would need to send a letter within 30 days for more information.

I have been in contact with the law office and they said they are looking for the paperwork from the case, but I am just a little overeager and am nervous about the whole ordeal.

My questions are:

1) Can the chiropractor still pursue me for additional payment even after agreeing to the settlement amount?

2) I was reading some disclosure online and read that because there was a settlement, I should not have received a check unless all parties were satisfied. Is this true? If so, does that mean the law office did not actually work out the final medical bills with the chiropractor?

3) Why did I not receive any more letters in the mail from the chiropractor regarding an interest rate or further information about the debt?

4) Should I respond to the collection agency or wait for the law office to contact me? I saw the guides on a typical format to send in the wiki, but am waiting for the best step moving forward.

Thank you all so much for all your help.

Answer:
 Don't respond to the collections agency. You already contacted the law office. Let the lawyer reach out to them.Answer #2: My spidey sense is tingling here.

I'm not going to speculate lien/reimbursement law from another state here, I can barely stumble my way through my state's lien statutes and complexities as it is (and that's after a seminar and a manual), but what I will suggest is to possibly seek advice from an attorney that deals with malpractice claims.

I'm not saying your lawyer is a dirtbag; but there's something fishy as to why the lawyer and the chiro didn't agree on an amount to satisfy your lien, or if the lawyer stiffed him and made him take a pro-rata share...something weird is going on. It sounds like the law firm is trying to take care of it for you, but if this keeps going for much longer, I'd seek a second opinion from a malpractice attorney as to what exactly went on. Let your original attorneys try to take care of it first however. This could be just a misunderstanding.


Title: How much do you need to edit a photo someone else owns before you can legally make money off of it?

Question:
Edit: I’m in Michigan

Okay, I don’t know anything about copyright laws, so this kinda falls under the “explain this concept to me” part of this sub.  I’m also extremely stupid and it takes simple wording to get things across to me.  I apologize in advance.

I’m a teenager and an independent artist making like $2/month on redbubble and I can’t really afford to get sued so in general I just stick to “if it isn’t mine, I can’t sell it; if it’s kinda mine but not really, I probably can’t sell it, and even if I can then I’ll be a douchebag for selling it; if it’s mine, I probably can sell it.”

So, recently I’ve been seeing coloring books that are basically photos that belong to other people traced and in black and white.  First one that comes to mind is the David Bowie coloring book.

How legal is that, tracing over photos that don’t belong to you and marketing them as part of a coloring book?

**The actual question/TL;DR:** How much do you need to photoshop or otherwise edit a picture (not a company logo, I mean something like pictures of actors or singers) before selling it is legal?
Topic:
Intellectual Property

Answer:
 > The actual question/TL;DR: How much do you need to photoshop or otherwise edit a picture (not a company logo, I mean something like pictures of actors or singers) before selling it is legal?

The "in principle" answer is that _any_ modification would be a derivative work, and you'd need permission from the original work's rights holder to even make one.

The "in practice" answer is that if the original work is still recognizable to any extent, you're at risk of a copyright infringement suit. There's no bright line, but if someone can identify the original, you probably shouldn't distribute it (for sale or for free) without permission from the original work's owners.

There's an additional wrinkle with something like a David Bowie colouring book: the rights to Bowie's likeness and trademarks (for which there is no "fair use" exemption at all) rest with his estate, and it's not clear yet how litigious his estate will be.


Title: Can you publish a book in one province if there's a publication ban in place for another province? My roommate's life is an episode of Dateline.

Question:
Long story short, my roommate is from across the country (Canada), and between 2004 and 2005 her ex-husband raped and sodomized her son (would sodomize her as well). He also technically kidnapped her other two kids (twins that he fathered) and took them down to Mexico and stayed there for two years.  Her son told a therapist what his step-dad did to him, and she had no choice but to report what he had told her to the RCMP, because it breeches the doctor/patient confidentiality agreement... As is required by the law and your employment agreement, you are obligated to report a serious crime.  After this was reported, even though the guy was in Mexico, the RCMP had permission from the Mexican government to make an arrest in Mexico and bring the guy back to Canada to be charged and put up for trial.  The guy only got 8 years, and her twin sons were brainwashed by their father and think that she convinced her son to lie about what their dad did so she could get them back.  The kids hate her now for taking away their father, and their grandmother (their DAD'S mom) has custody of the children.  But, get this - the woman is in the Witness Protection Program, so my toommate is not allowed to even contact her kids on any level.  AND the cow TOOK MY ROOMMATE'S LAST NAME.  The reason why she's even in the program is even more fucked up:  she fabricated a case against her husband to get him in jail because he wanted to leave her.  Right down to planting evidence and getting her 7-year-old daughter to lie about him to police.  And it worked... Guy went to jail and was convicted and she is in WP "for her safety."

Now the reason why I'm sharing this story is because my roommate's life is seriously a Dateline episode.  This is the type of shit you watch on TV and think, "wow... That's just sick, dude."  Like, what he did to her, what he did to her kid, the kidnapping and Mexico, Witness Protection and her sick MIL... That's enough to write a book about!  And I feel like she should be able to do that, but the problem is that there is a publication ban on this case in the province she is from...  Meaning news stories werent permitted involving the case, and the general public was never informed of these crimes or this case.  So, <b>does a publication ban hold any bearing in other provinces, or is that just a thing in the province this case happened?  What if she changes the names and locations?</b>

Tbh, I'm not even sure if I'm legally allowed to make this post, despite the fact I'm being vague.

Answer: A publication ban issued by the court is in effect across the country, not just the specific province. Answer #2: I would think that with all the trauma involved she would not want to write and publish a book about her disaster of a life, if this something she's interested in?


Title: Head shop with poor sign choice?

Question: [deleted]

Answer:
 Yes, tell the police you've uncovered a huge paraphernalia ring.
Answer #2: How many marijuanas did you smoke before posting this?


Title: (Winnipeg, Canada) Just started renting a house 3 weeks ago with 1 year contract and landlord told me he will sell the house yesterday and house viewings are already happening

Question: [deleted]

Answer:
 Yes, he owns the house. However, the buyer must agree to the terms of the lease as it is still binding unless you both agree to break the agreement.

Edit: Looks as though I may be mistaken according to this. https://www.gov.mb.ca/cca/rtb/ot/gbook/s7noticeoftermination_nbyllsellsrentalunit5.html

If the buyer requests that the landlord terminate the lease or if the sale is finalized, he can give you notice.


Title: Harassed online and Threatened with lawsuit and police.

Question:
I recently made a purchase on Etsy.com for a vintage electronic item.  Upon receipt of the item, it did not function as described.  I pursued a resolution through Etsy and the seller agreed to a refund if I returned the item COD.

Now that they have the item back they have refused to refund me and have been sending me all kinds of profane messages (f*** you a**hole, etc.)  and then threatened to have the police "sent to my door".

This woman has really went off the deep end and I don't trust her not to make up a story to tell the police to get them to at least show up at my house.  Although I have plenty of evidence to show she's been harassing me, I'd prefer to not deal with the police showing up in the middle of the night kicking my door in.

What should I do in this situation?  File a police report?  Anything at all?  She lives several states away from me.

Answer: If she lives several states away, the possibility that the police is going to come to your house is very small. Answer #2: This is a civil matter. Police wouldn't get involved. See if Etsy has some sort of dispute resolution.


Title: Overtipped, do I have any recourse?

Question:
Hey everyone,

This happened in Toronto, Canada. My girlfriend celebrated her birthday over the weekend with a booth and bottles. She finalized the price with the promoter beforehand and gave her card to the bottle girl at the beginning of the night. Unfortunately she had too much to drink and had to leave halfway through. At the end of the night the bottle girl approaches me and apologizes that they lost my girlfriends card and I would have to pay. Whatever, no biggie it happens. So she hands me the machine with the amount ($1125), no receipt, and the option to tip. So I add 20% bringing the amount to $1350 and call it a night. In the morning I brought it up with my girlfriend and she tells me that the $1125 already included the gratuity. I was not told this by the bottle girl. So not only did we tip 18%, I tipped an additional 20% on top. We tried to contact the promoter and explain the situation but he said that they will not be refunding the money. I have nothing against tipping but 38% is ridiculous (plus the service we got was mediocre at best). Is this grounds for a chargeback? I have obtained a copy of the itemized receipt showing the gratuity was included and I have my receipt. Any help is appreciated, thanks in advance.

Answer: Unlikely.  They charged what you authorized. And some people sometimes tip in addition to the standard amount. You should have asked for an itemized bill before you paid it anyway.


Title: Is this considered child neglect?

Question: Leaving a 14 year old in charge of 5 other minors while parents are out the home for hours considered child neglect?

Answer:
 How old are the 5 children?

It's not neglect unless they childrens needs could not be met. It's called babysitting.


Title: (UK/Europe) My flight was delayed more than one hour making me miss my bus that I had already payed for. Can I demand anything from the airline or is this a tough luck situation?

Question:
To give more insight into the situation, I flew with a British airline today. The plane was supposed to leave sometime past 11 and arrive 12.20 ish UK time, I had booked a ticket for a bus from the airport in London to another city a couple of hours away at around 13.50. Anyway the plane stands doesn't move for more than an hour and just stands there, with little information from the crew and the captain apart from him apologising and telling us it will take 15 minutes every now and then. Then the plane starts making weird sounds which they don't tell us much about either. Anyway after some time he tells us that there's a trainee pilot or something and they have to be extra thorough with everything and that's why it's taking such a long time.

My mom voices her worries about not making it to the bus and one of the flight attendants assure her that we will make it. We don't. We're still waiting for our luggage when it's passed 13.50. Anyway we get in contact with the airline because we feel that this was in no way our fault, no one told us before the flight that we would have a trainee pilot or that it would take so long. They told us that they would only compensate us if the flight had been delayed 2 hours. According to my mom there was a lot of people who missed their next flight that had travelled with us, I don't if that's true or not.

So what do you guys think?

Answer: You don't mention a lot of facts, but if this is Heathrow, being only 90 minutes late is nothing.  You didn't allow enough time for your connection, IMO.


Title: Wells Fargo stole my paycheck. What do i do? What agency do i file a complaint with?

Question:
I have Wells Fargo and have been depositing my checks with them for a year. They stole my last paycheck, claiming it was double deposited. The personal banker I talked to at my branch couldn't even find the record of the check being deposited twice. So she called some number she asked for clarification and said someone would be emailing me the details. The exact check that was deposited twice. It's been a week, haven't heard anything. They stole over a thousand dollars and refuse to give it back or show proof of it being double deposited. I know it wasn't. I also haven't ever cashed a check so that's not possible either.

What consumer agency do I contact now?? There are so many.

Edit: I mobile deposit my checks with the app. Take a picture of it front and back basically. But I never cashed any. It's not direct deposit.
Topic:
Consumer Law

Answer:
 Did they say it was deposited into your account or another account?  Did you ask your employer to pull whatever records they had about where it was deposited?Answer #2: Give them a reasonable amount of time to figure out the error. Say somewhere around ten business days. If it's not resolved, make an appointment with the branch manager and figure out exactly where the disconnect is.Answer #3: >It's been a week, haven't heard anything

Being Christmas there have been a lot of banking holidays. I'd get in touch with them again but be prepared for not much to have changed.Answer #4: ^^^IANAL

Double deposited most likely means that you electronically deposited the check, then someone else cashed the physical check.  Your employer should be able to figure out where the check was cashed.


Title: Beat the landlord in small claims court, but now there's an appeal

Question:
Hey, I'm in Los Angeles, California.

My girlfriend moved out of her apartment that she shared with a roommate. She signed over her rights to her $500 security deposit (without realizing she wasn't obligated to) and they did not give her a copy. The landlord corporation then had her old roommate and the new person who moved in sign a new lease with a higher rent. They did not charge the new roommate a security deposit.... so effectively they rolled over my girlfriend's deposit to this new person.

I went to small claims court and won. The landlord came and made a case. (It was pretty dope watching him storm out of the court room btw). But the judge agreed that they were effectively ending one contract and starting a new contract, which means they should pay out her deposit. I called them later that day and provided our updated address to send a check. A month went by... I called again and was told that they were waiting for the court documents which had to be sent to their corporate office. Another month went by and they told me they were still waiting on the court judgement in the mail, but they think they can find it online and it should be fine.
I called two weeks later, very upset, and was told that they have everything and that I should expect a check next week or in 2 weeks at the latest.

Cut to yesterday, my old roommate tells me that there is mail for me. (Now he is lazy and that mail had been sitting there for almost two weeks before he called me). I find court documents from the landlord asking for an extended appeal. A full 60 days after the appeal deadline. Of course, I wanted to write a rebuttal, but unfortunately I only get 10 days to do it and I didn't get the letter in time. So not sure what to do next... I called the court and found out that the appeal has been approved. They told me it's the exact same process and the same judge.

I should mention that I also named two LLC's who own the apartment building in the original lawsuit. It's my suspicion that the original landlord never informed these businesses. I'm mulling over calling them and letting them know that I am going to be extra prejudicial in seeking that judgement (after I win on appeal). It's honestly just $500, plus $30 in court fees. I pushed my girlfriend to sue for more originally because they are clearly purposefully screwing her over. I think that you can do 3X the deposit in CA, but she didn't want to be "mean." I don't understand why they care so much about it.

So what should I do now? Should I get a lawyer to write up something? I've already spent two vacation days to go to court to deal with this. I know that filing a bank lien is one way to get your money when someone doesn't want to pay it... is there something wrong about telling them that is what you're gonna do after you win?

Last question, these are LLC's and very difficult to google. What is the best way to find contact information?

TL;DR
Won small claims case. Landlord files appeal. Should I go through the court process again or should I reach out to the bigger LLC's involved with the thinking that they might pay to make it go away?

Answer:
 You have to go through the court process again, unless you can persuade them to settle before the date set for the appeal.

If it's going before the small claims court again I wouldn't bother writing anything up. Just make an outline of all the points you won on before and bring copies of all your documents again.


Title: [FL]Victim of aggravated assault by friends boyfriend.

Question:
(read below for original post) EDIT2: My lawyer has called me and said they cant find any real assets belonging to him. He's once again told me that the possible best solution is to combine the civil and criminal case and do a plea deal with the defendant. I feel like this man assaulted me with a gun, scarred my face, and he's going to walk away with a slap on the wrist with his prominent defense attorney. He has no assets or previous criminal history. I didn't go to a therapist right away because I thought I could deal with this on my own and my lawyer says I should have gone months ago, and doing so now wouldn't help my case much now. Honestly I feel like my lawyer isnt doing the best job for me. He hasn't done much and now he's going to take 33% of a meager recovery that I will receive as a result of being the victim. Is there any advice anyone could help with? I'm feeling helpless.

edit1: my lawyer says theres not much to recover and dont be disappointed if the restitution is low, the district attorney told me theres no proof I was assaulted with a gun because it wasnt recovered and it wasnt clear in my police report testimony. I feel like he's going to walk away with little to no consequences and I am pretty helpless. I'm trying to stay positive but this is very stressful and I appreciate all the advice and responses. Thank you

My friend (lets call her Trisha) invited me over to have a late dinner, which is something we've done several times in the past, with her boyfriend (let's call him Dan) being informed every time. This night in particular I believe he was high on some hard drugs and/or pissed off, and upon receiving the text that informed him we would be having dinner, he responds that he's coming over (he doesnt live with her but has a key) and my friend warns me she has a bad feeling he's on his way. I think nothing of it because Ive hung out with them both together at a festival, theres nothing going on between me and Trisha and I'm in the middle of heating up food. It's a gated community and he calls for her to open the gate, she opens it. She expresses she has a bad feeling about this. A few minutes later he's opening the door and walks in with a gun in his hand pointed at me yelling "get the fuck out, get the fuck out" and I just freeze with my hands up and I'm looking to leave the apartment. He rushes up to me, pistol whips me in the face and the gun fires off. I'm oozing lots of blood and have a huge opening in my eyebrow from the impact. I stumble outside of the apartment and I hear a neighbor crack their door and ask if they need to call the police and I say yes please call. I'm leaking blood all over the floor and Dan walks out of her apartment, past me, and into his car before speeding off. Trisha calls me and helps me into her apartment before taking me to the local hospital. She told me that she thinks he did that because he knows she gets aroused by violence and also because he was having a bad week. He was arrested after a week and let out on bail a day later. The state is charging him with aggravated assault with a firearm. I questioned whether I should get an attorney or not because the state was already handling the criminal case. It's been about 5 months since it happened. They are still together as bf and gf.

I had some trouble finding a lawyer that would take my case because they didn't know if there was enough money to be recovered for it to be worth their time. I found one that said I had a civil case and he would help me recover damages. I recently spoke with the prosecutor who said Dan hired a prominent private defense attorney, so we know he has assets, and that he's looking for a plea bargain to avoid jail time since he's looking at a agravated assault with a gun 10-20 year minimum felony sentence. So the prosecutor asked me for an amount for the restitution in my case. I have some hospital bills from the stitches I received in my eyebrow. I've also seen a plastic surgeon to get a quote for revising the scar I have in the middle of my eyebrow and my fractured nose. Total is about 15k in bills. My understanding is that there is a criminal case and a civil case here. The criminal case is supposed to cover restitution for injury bills and wages lost and the civil case is for other damages like pain and suffering. The prosecutor expressed to me that it seems Dan and his lawyer want to cut me a large check and plead guilty in exchange for a reduced sentence and be done with it. The last time I spoke with my attorney he said we might want to consolidate the civil and criminal cases, which would mean he receives 33% of anything I recover for restitution. I feel like he hasn't done much in my case yet and would prefer an attorney that takes a smaller percentage since the defendant is already asking for a bargain and all that is needed is negotiating an amount. Is it in my best interest to have a lawyer negotiate that number and take such a large percentage for that? Should I negotiate the number myself? I could use any and all comments or advice. I can also give more details if asked. Thank you for hearing my case out.

Answer:
 As cold as it sounds, your concern should be with getting the most amount of money with the least amount of effort.  If he doesn't have any assets to go after, your only hope at getting anything is a settlement.  Yes you're hurt, yes you're a victim, but this is an economic decision, and has nothing to do with whether he "ought to be punished".

If you'll have a difficult chance at proving your damages at trial, and a difficult chance at collecting money from him, take whatever's on the table.


Title: Girlfriends boss making her bartend and manage

Question:
My girlfriend is a bar manager at a small chain restaurant in NC, recently her boss has been making her bartend every Sunday, but at the same time she's been the only manager on duty only getting the much lower bartender pay. Is this allowed? I've tried to research it but can't seem to find anything on it.
I apologize if this isn't the correct sub for this. It seemed most appropriate out of any that I know.

Answer: This falls under the category "Shitty, but perfectly legal and depressingly common."


Title: [USA,Pa] Just received my job offer via email and statement with offer letter is a bit disconcerting.

Question:
Tl;dr not sure if the statement below means that my job would be temporary.

Does this statement mean that my employment is basically temporary?

The information in this letter is not meant to imply that you are in any way guaranteed employment with ABC Company for any particular length of time.  Employees may voluntarily terminate their employment, or their
employment may be involuntarily terminated, with or without cause, with or without notice.

Answer: That is just telling you that your employment is at-will and can be terminated at any time for any reason.


Title: Sexually assaulted and given gential herpes

Question: [removed]

Answer:
 What crime do you think occurred here? You were not sexually assaulted, and you have no evidence that he knowingly infected  you with herpes.

Make better life choices and use protection in the future.


Title: my mother is throwing away my mail, what can I do?

Question:
I moved out of my mom's house two weeks ago and still haven't had my mail forwarded because I need to have keys made to my new mailbox. I know not doing that sooner is my fault, but I just want to know if there's anything that can be done about the mail she's thrown away? We live in Ohio.

I normally would get at least one thing a day in the mail but I've had nothing these two weeks, she says. But when I went to pick up more of my stuff from the house, I checked the mailbox and had 2 things in there. What can I do about the mail she threw away, and what can I do until I can get the key to my new mailbox? I don't have proof of her throwing it away but I had something coming in the mail that apparently never showed up. I know it's illegal to throw away someone else's mail, I just don't know what I can do about it.

Also, I'm not a minor, I'm 20. Not sure if that makes a difference.

Answer: get a PO box or see if the post office can hold just your mail


Title: HELP! Sisters husband took son to Mississippi not sure what to do

Question:
Ftp. On mobile. Cross posted on justnoSo.
My sister is currently married and trying to go about getting a divorce. Her husband took their son from Tennessee to Mississippi without her consent. She is trying to get a lawyer but can not afford the retainer for one. I'm just trying to figure out if she has any cheap lawyer options or what she could do to. She came down to Mississippi today and got a police escort to her husbands grandfather house but they refused to let her see her son. The cops couldn't do anything because it was private property and he is the father. Any help is greatly appreciated.

Answer:
 She can file for divorce and custody in Tennessee.  She may be entitled to an emergency order for custody.

If she doesn't initiate proceedings within 6 months Mississippi may have jurisdiction over the custody case and she would have to travel there.

There is nothing illegal about a parent taking a child across state lines, so long as it doesn't violate a custody order.


Title: [NY] Mom bought coop with parking spot. Former seller has another apartment with lease that included that spot. Leasee refuses to move.

Question: My mother recently purchased a coop with a parking spot (#103). The previous owner owns a few apartments with a few parking spots in that building. When my mother went to park in the spot after closing last month, the parking lot attendant said that the spot was being rented by another tenant in the building who has a lease from the previous owner. This was not disclosed at all previous to purchasing the coop. We called the seller saying wtf, and they said that the lease was binding and they offered another spot (36) for us to use until the tenant moved out, for which no timeline was given. Since we didn't plan to move in yet, and since my mother didn't pay the monthly maintenance for April and the other tenant did, she felt that was fair as a temporary fix for the month of April, and let it go until this past Sunday, the 1st. We did not sign anything saying we'd take the spot for long term, it was only verbal over a phone call. Now the leasee is refusing to vacate the spot but the seller isn't responding and management company isn't doing anything other than trying to get the seller to communicate with us. The 2nd spot is too small for an SUV which my mom has and my mom has already paid the maintenance for the spot. What can she do at this point? I'm thinking about going to another lawyer since the one we used for closing isn't doing anything other than sending letters and emails, both of which are falling on deaf ears.

Answer:
 If your mom bought the parking spot, she also bought the leasehold unless it specifically was excluded. She should be receiving the rent for the spot, and she has the right to not renew the contract. Ask for a signed copy of the parking lease.Answer #2: Is the leasee paying rent for the parking spot each month? That money should now be going to your mother as she is effectively the landlord to the parking spot.Answer #3: Does your mom have a copy of the lease for the parking spot?

The spot maybe be rented on a month to month basis or something, and she may be able to terminate the lease with 60 days of notice or so.


Title: I was told that I needed to move out of the apartment by the end of the month.

Question: So this is with a friend and his mom that I live with and we've had a verbal agreement that I would live here until roughly July.  Unfortunately me and my friends mom, we'll use Carly as a fake name, have been arguing for a while and Carly dropped the bombshell that I have to move out by the end of the month.  We live in some apartments in Billings Montana and I'm only on the lease as an official resident, with Carly being the only one who pays rent,aka I don't actually pay rent, only an off hand agreed amount to her.  Do I have any legal protections from this or am I SOL?  The only thing I could think of is maybe she would have to wait until the lease is up unless she puts in a complaint, however I'm not entirely sure.  Let it be known that I do have a plan already set up, but I just need to know where I stand if it falls through all of a sudden.

Answer: If you’re actually on the lease another tenant cannot kick you out


Title: Taking photos on a plane (USA)

Question: [deleted]

Answer: If you didn't take the photo, you don't hold the copyright and can't sell, license, or assign that right to anyone else.


Title: [United States]Why is Fox allowed to own the rights to the word "mutant" when mutants exist in real life?

Question: Why is it that Fox can own the cinematic rights to the use of the word "mutant" when people and animals that are mutants exist in real life?

Answer:
 Fox only owns the cinematic rights to "mutants" as it pertains to Marvel's trademark.

Paramount just made Teenage Mutant Ninja Turtles, for example.


Title: My husband is getting sued for being in a car wreck

Question:
Two years ago my husband was in a car wreck and he was turning left at an intersection and someone ran into his (work truck) trailer. The light was faulty and the cop that wrote the ticket acknowledged that it was but he had to write the ticket, when he went to court for the ticket the cop didn’t show and it was dismissed. Also the person that ran into him did not have a valid license and got a ticket for that.
My husband got served with papers he is getting sued for the accident. He called his (old) employer and they said the person tried to sue them but it was dismissed for him not having a valid license. The company told my husband that they would not help him because he is the one being sued now. So my husband talked to a lawyer that said would charge 5,000-15,000 dollars in fees. We cannot afford that. Is there a chance we are going to be sued and if so what will happen it’s not like we have a lot of excess money.
Sorry for the formatting on mobile. Thank you in advance we both have no idea how to go forward or what to really do.
Edit: this happened in Texas
Topic:
Traffic and Parking

Answer:
 >My husband got served with papers he is getting sued for the accident.

...

>Is there a chance we are going to be sued and if so what will happen it’s not like we have a lot of excess money.

...

No one has really responded to this part of your question.  If you have been served, **You are being sued** and you **have to answer**.  It's not a question of "is there a chance we are going to get sued." You are being sued.

This is not something you want to mess around with, you need an attorney.  You might have to pay one to write the initial response and buy you some time to figure out who's going to pay for the legal fees/provide you with an attorney.  But if you've been served you have to respond. If you don't it will probably end up being a whole lot more than 5K to 15K.

...

What follows is my my opinion and may not be correct, it's worth what you paid for it>>>

 Your husbands company's insurance should cover you.  If they are self insured they should still cover you.

If they refuse, your personal insurance at the time would be the next point of contact.

If they refuse your current insurance would be your next point of contact.

Finally, you may have to hire a lawyer to sue the insurance company(s) to force them to honor their obligations.

Edit: Grammatical Errors


Title: Getting cheated out of $3,000

Question: Next to my house, there is a small plot of land. One day my neighbor bought said land and years later they moved out and sold the land to me. The problem here is they never gave me the deed for the property. I've made multiple attempts to get the deed until they blocked in every means of communication. I don't know where they moved (other than the fact that they are still in my state) so I can't confront them face to face. A few years go by and I see a for sale sign on the property that was put up by the city. The supposed owners don't actually own the land, is there any way I can get my money back? Is it worth pursuing legally?

Answer:
 Land transfer is highly regulated. If you just gave him a check, you are probably SOL.Answer #2: Do you have any documentation of the transaction?

Literally walk into the landlord tenant office at your county courthouse and ask this same question. They'll at Least point you in the right direction


Title: I am “not eligible for paid sick time”. I am a full-time, paid intern in Oregon.

Question:
I have been working full-time at a company in Oregon for 5 months as an intern.

Recently wasn’t feeling well and wanted to go home early. I emailed a member of HR, asking whether or not interns get paid sick leave (mostly as a courtesy). I was surprised when she said no.

I am not in a work-study program, and I am expected to produce similar quality of work as other “real” employees.

Should I be getting paid sick leave? Oregon passed Bill 454 back in 2016. I was given paid sick leave at my last internship. What gives? Is this illegal? If so, what do I do?
Topic:
Employment Law

Answer:
 She has a boss. Find that person. They can't just call you an intern to avoid the law. Intern is your job title. You're still an employee.Answer #2: The only way This would be legal is if the company has less than 10 employees, or less than 6 in Portland.

Otherwise, yes it is illegal. You accrue 1 1/3 hours of sick time for every 40 hours worked.


Title: Blue-Red light bar in NYC with out of state plate

Question: Is a Maryland plated vehicle allowed to use a blue-red light bar in NYC? This guy was using it intermittently to move through traffic and the bar was hidden inside the windshield and can’t be seen unless lit up. Is there a way to report this?

Answer: If you got his plate you can call the non emergency police number and report it.


Title: Throwaway - [California] Bench warrant for soliciting prostitute?

Question: Hi all. So last night i was ina bad and drunken place and ended up going on to backpage and called a few people. I’ll preface the rest of this with I’m not sure of the 100% accuracy of the words used in the conversation although i’m fairly certain i know. Anywho, I called a lady and i asked if she wanted to hang out, i believe she asked if i wanted to cuddle and i said sure. I’m not sure if we even mentioned money but then she says who i am (actually says my dad’s name first thinking it was me) and that was shocking and then said there was bench warrant for me. I have no idea what to do in this scenario.

Answer:
 There is no way in hell there is a bench warrant for your arrest after only a phone call from last night.

There is more to this story.


Title: Help/Legal Advice About Vanishing Wedding Videographer!

Question:
Hello,

Unfortunately, I need legal advice about a videographer who has gone rogue, a year after my wedding

Backstory:

My MOH and my bridesmaids pitched in for a videographer (a guy she has known for 10+ years, from high school) for my bridal shower gift. My MOH paid the videographer via PayPal (after my bridesmaids gave her each $$) - It was no more than $3,500. She also has communication via email setting up the date, etc.

The videographer showed up the day of, with an assistant- stayed the whole day/night. - So we definitely have pictures that he was there.

After, 4 months we do not hear from him. I give it another month and a half, I finally reach out to him via email, asking politely if he requires anything from my husband or myself. No response to 2 separate emails that I sent.

Another month goes by, my MOH reaches out, and he responds saying it will be ready soon, and he apologizes for the wait.

Another couple months go by and we still have yet to receive anything. I reach out via text message, this time I receive a response: he has been extremely busy, his fashion photography business has flourished and has been in L.A., and his assistant will send the video within a week. Great!

Another month goes by, we send another text stating firmly to please send the video, and that he has been paid for his services- once more we do not receive a reply.

At this point, all we ask that he return the money, or give us the raw footage.

My husband and I, now want to take legal action- either to receive the raw footage, or at least get the money back that my friends and family gave him. (If he somehow lost the footage?)

*And yes, I know how sketchy the guy seems, but he hasn’t completely ghosted from social media, FB/Instagram – where my MOH clearly sees him working on his “fashion photography”*

Main Questions:

•	What are our options? We are located in Phoenix, AZ and have all communication pretty much documented.
•	As stated, My MOH was the one that actually paid the videographer- If we were to pursue a more legal option, would she actually have to be the one to begin the process?

Any advice would be greatly appreciated!

Answer:
 Attorney here (though not licensed in AZ). First and foremost, go seek the services of a lawyer licensed in your jurisdiction.

This is a classic breach of contract case. Your MOH and the videographer entered into an oral contract for the videographer's services, and you are a third party beneficiary of that contract. Why are those things important? Well, because of the nature of the contract, it doesn't have to actually be committed to writing to be enforceable. Also, although you didn't actually pay the videographer yourself, you would be able to bring suit to enforce the contract.

So what could a court do? Two words just might get you your wedding video: specific performance. This is an equitable remedy which is available when, in short, money damages are inadequate compensation. I'd argue that this is the case because the videographer was paid to produce a wedding video, and simple reimbursement and damages would not be enough to fully compensate you for his breach of the contract.

Again, seek out the services of an AZ lawyer before taking any legal action. This is simply my read on the case using general principles of contract law. Best of luck!


Title: (California) I stayed with friends for 2 months for free and now they're trying to extort money out of me

Question:
I am 25 and was kicked out my parents house last year. I've been moving around staying with different friends here and there. One of the places I stayed at was an apartment with 2 friends. They allowed me to stay with them for 2-3 months at the start of October 2016. They told me I could stay there for free so that I could save money to get back on my feet.

During the 3rd month of me being there my male friend no longer wanted me to stay with them and said I had to leave but since I had so much stuff and had no where to go I took what I needed and they allowed me to leave some of my stuff there and even told me to take my time and try to figure out my living situation first before I picked up the rest of my stuff. Last week I was finally in a place where I could pick up my things and texted the female roommate when I could pick it up.

She said I could come by the folllowing week to pick it up but said that I owed them money for living there. There was no contract that I signed and no agreement of rent for living with them. They told me I could stay there for free (this was in person and over the phone). I was not on the lease and I have no mail that was being sent to that address. She claims that since they've been holding my stuff for over 30 days by law my stuff now belongs to her and the other roommate. They never demanded that I pay them for storage or rent until now. They are now demanding 2 months worth of backpay ($950.00) from what I assume is storage costs??? but she said they're disregarding the other living costs including the tow (my car was towed and the male roommate took me to pick it up, when I went to pay he stopped me and said I needed to save my money and he paid for it with no indication that he wanted me to pay him back)

At first I said ok because I thought that I did have to pay them but after talking with friends they convinced me I had no legal  obligation to pay them.

So yesterday I went to pick up my stuff with 2 of my friends. The female roommate was outside with my belongings and allowed me to take my things. After I packed everything in my friend's car she demanded the apartment key and the money. I gave her the key and told her I didn't have the money. After yelling at me she told me to leave and bring the money the next day since she was running late for work. I don't handle situations like this very well so I just said ok and left.

As we were driving back the male roommate calls me and left me a voicemail saying that I better pay them the money because all the stuff I left there is now theirs due to what he called a 30 day lien? And now my stuff legally belongs to them and if I don't pay them or give them my stuff back then he's threatening to call the police for theft. My question is are they legally allowed to do this to me or his he just bullshitting me to get the money from of me?

Edit: The female has been texting me all day and I'm worried they're going to keep harassing me. Would it be a good idea to change my number? I've already blocked them off of all social media platforms.

Answer:
 >And now my stuff legally belongs to them and if I don't pay them or give them my stuff back then he's threatening to call the police for theft.

Well, no theft has occurred, because a lien giving them ownership doesn't exist just because someone verbally says it does. To even establish that it was *abandoned* property, they would also have had to given you written notice that you needed to pick up the property within a certain amount of time, and failure to do so meant the property was abandoned.

So, if they want to pursue payment of the rent and the tow truck fees, they will have to do so through small claims, and will also have to prove that all parties agreed you were obligated to pay rent as a result of living there. A somewhat tough hurdle to overcome, with nothing in writing.


Title: Employer Systematically Giving Raises, But Having Them Take A Year Plus To "Clear HR"

Question:
Curious on the legality of this. I work for a large, large company, and almost all of my coworkers have shared this experience with me: We're typically given a verbal confirmation from our manager that our promition has been approved, but then wait almost a year for the promotion to "clear HR" and go into action.

&#x200B;

I have been promoted three times and they all have followed this pattern. All of my coworkers have shared similar stories.

&#x200B;

To me this seems like a form of wage theft as it keeps employees working with the promise that a raise will be forthcoming, and it also denies them the opportunity to use the higher title in their job search.

&#x200B;

Wondering what you all think about the legality of this practice.

&#x200B;

Thanks!

Answer:
 Your location is important.

In the USA, no employee is ever entitled to a raise or promotion outside of a binding contractual obligation.

Stringing employees along is generally legal.


Title: can my boss legally force me to give her my phone? I am a legal adult

Question: [deleted]

Answer:
 > it is a union job

Talk to your union rep.Answer #2: No, she can't force you to do anything, just like you can't force her to continue employing you.Answer #3: Contact your union representative.