Title: Potenial Malpractice

Question:
December 28th my two week old son caught a 38.6 degrees temperature so we immediately took him into emergency and saw a paediatric, they took blood work urine sample and said his white blood cell count is a little high but nothing to worry about gave us Tylenol and sent us home. 6 hours later my son started to have little tremors in his arms and legs, very concerned about this we called the nurses and they said give him Tylenol and Motron and let it do its work, so we did and it didn't get better infact it got worse. We packed him up and took him back to the hospital where the doctor then said the tremors werT seizures. the doctor called BC Children hospital for advice on what to about the situation and they advised transport by ambulance to them and in the mean time to start him on anti bionics, anti seizure meds, take spinal fluid sample and a CT scan. We were told the ambulance could take and an hour where then I said id just take him in my truck, and he assured me no this was the safest way. the doctor told us that all the instructions BC Children's hospital could wait until he got there to them. We wait baby crying the whole time ambulance arrives in 45min and then the doctor gives him the anti seizure medication my son settles down right away. here I'm thinking where the hell was that an hour ago! We get to our destination, the paramedics get us into the hospital room and we wait.... wait and wait my baby starts to have seizures again we inform the staff of this and a doctor comes to look right away and he finds out that anti bionics were not given doctor freaks out. Bam about 8 health care professionals work on my boy putting in IV, giving anti seizure meds, blood samples the whole 9 yards. they get him stable then take a spine fluid sample.

turns out my son had Baterical Meningitis that cause swelling in his brain which led to a stroke. MRI shows extensive permanent brain damage to my now 1 month old baby. a 2 second google search I find that infants his age with the temperature he had the foremost concern Is Meningitis coupled with elevated white blood cells its pretty much a sure thing

does this sound like malpractice?

TLDR;

doctor may have down played fever and over looked blood work then sent us home delaying treatment
6hrs later
same doctor doesn't listen to instructions from specialist delaying treatment
same doctor doesn't inform specialist that treatment hadn't be given delaying treatment
son suffered brain swelling from Bacterial Meningitis causing a stroke.

Answer: Go to a few different MEDMAL attorneys. Do not pass go. You need real consultations here.


Title: (Connecticut) Someone mailed back my contract pretending to be me and I almost lost my job

Question:
TLDR; I was in an intense negotiation because my job was recently deferred. About two weeks in, the new tenants at my old address (pretending to be me) mailed back a rejection to my new contract demanding more money in a very unprofessional way. How do I even begin to take action against these tenants? I already have pictures of the contract and the unprofessional note.

-------

I had a post-graduation job set for me in July. However, in May, I received a phone call deferring it until January. Because of this deferment, I had room to negotiate. 6 months was a long enough period of time that with my qualifications I likely could find a new job.

After I sent an email detailing my request for a slightly higher starting salary, I stopped receiving communications back. Turns out they had already sent over a new contract and received it back with a very unprofessional note demanding more money.

I had moved shortly after they sent the original contract back in January and they hadn't warned me they were going to send another, so I never provided them with my new address. The people who sent the unprofessional note are the new tenants at my old address.

When the company and I figured out what happened, it derailed the negotiations and created a tension such that I felt any further negotiation would not be successful. The only reason we figured out what happened is because I reached out asking when they would be sending over hard copies of the contract.

I would like to know what are my next steps? Do I contact a lawyer? What kind of lawyer? Or is there a form that I fill out? I want to take legal action against these people for opening my mail and for sending it back, pretending to be me, and risking my professional opportunity.

Answer:
 You can report them to the postal inspectors for opening mail addressed to you Answer #2: They committed mail theft, fraud and identity theft. Report them to the postal inspector and file a police report. You may also have grounds for a civil suit.Answer #3: Why didn't you put in a change of address notice with the post office?

Keep in mind, it sounds a little suspect that you both sent in requests for more money. Answer #4: Was the contract sent to your old address via the US postal service? Or was it sent via FedEx or other shipping carrier?


Title: [GA] I had a package that I didn't order left at my door. Just now someone came by and offered me money for the package?

Question:
I'm really weirded out and not sure if I should call the police or not?

Basically, a package was left at my door today while I was at work. I'm assuming it was delivered but I have no way to know. It was left at a door I rarely use and so I didn't actually see it.

About 30 minutes ago, a man came to my door and brought up the package and offered me money for it... like a lot of money. I got a weird feeling and said no. He seemed annoyed and offered me more and I said no again and then he left.

What's strange is he made no attempt to take the package. He could have walked up and stolen it and I wouldn't have been any the wiser that it existed.

Anyway, I decided not to bring the package into my house. Call me crazy or paranoid but I decided to put it in my locked shed. There's no markings on the package at all except for my address info. No return address.

So what do Reddit? Am I being stupid? Should I bring it inside? Is this all just some weird prank? Should I call the police non emergency line?

Tl;dr-- Got offered money for a package I didn't order and hadn't opened. Now it's in my shed.

Answer:
 This package was addressed to you?

 Yeah, call the police. Answer #2: Turn it over to the cops. Chances are it's stolen goods or drugs. Don't remove it from the shed, just call the cops and go with them to the shed to retrieve it.

It's a pretty common scam to deliver illegal goods to another person's home and then steal the package in the event the police intercept it.Answer #3: The safest thing is probably to call the cops to report what happened.  The most likely scenario is that someone used your address to ship something illegal and now they're trying to collect it.  You don't want to be involved in thatAnswer #4: Just call the police. Who knows what the fluck is in there. Scammers commonly use other people's doorsteps to receive their fraudulently acquired goods, they mean to get them before you ever see them. Was it still outside when he came by? Whatever the case, return to sender or police. Answer #5: My BiL recently found out he had his identity stolen when he stayed home from work unexpectedly and a package arrived from Sprint with three brand new $800 phones, which were on an account opened up with his name and social.

Check your credit reports. Answer #6: This is how people get illegal drugs shipped to them.  Call the police.Answer #7: https://np.reddit.com/r/legaladvice/comments/7d9e6v/update_ga_i_had_a_package_i_didnt_order_delivered/Answer #8: What kind of package is it? Answer #9: Its either drugs or stolen.  Call the police.Answer #10: Please update us on this if you go to the police.


Title: Terminated because of an anonymous tip in Missouri, at-will-employment state

Question:
I will begin with some background about the job. My fiancé worked for a company specializing in the well- being of developmentally-disabled (DD) individuals.  Specifically, she works with children during an after school program (basically a Latchkey program, but for DD children.) She also does in-home respite for some of the clients in the program, although the respite is not THROUGH the company,  therefore she can at least continue doing that. On to what happened.

She had coworkers who are less than fond of her (they cared about doing the least work possible and getting a paycheck,  she cared about the children and doing whatever needed done for them.) Yesterday,  her boss's boss asks to meet with her before her shift. When she gets there, he explains that they received an anonymous tip that she was provoking a child into having meltdowns and cussing at him, which would be extremely out of character for her.

She honestly loves the kids that she works with so much that she was crying over losing her job, and not for the money, because the money she received from there was only a small portion of her income. She has actually had opportunities to go to a better-paying job, but stayed with this company because of how much she cared for the children. Now, I know that workers have some rights even in an at-will employment state, so I was just wondering,  is the company in the wrong here and can she do anything about it?

Answer:
 This looks like one of those situations where the company may not be exercising the best practices, but did not violate the law.

File for unemployment.


Title: University has been "processing" my recieved pell grant and Stafford loan for over 7 weeks. When can I sue?

Question: [deleted]

Answer:
 I'm not sure you have legal grounds to sue, assuming you are in the US. Regardless, preparing, filing, and then getting a hearing for a lawsuit is going to take a month or two at least.

Your time would be better spent getting some quick money or asking for an extension on any bills that are due. Are you in college? Try getting a job or gig bartending.


Title: I am 17, what can I do?

Question: I am 17, my mother gave me diabetes through neglect when I was 14, left me in a coma to die because she did not want to go to jail, when I was taken to the hospital, the police were called, but she was vouched for. I have essentially never been to school, I was enrolled in first grade for a few weeks before I was taken out, and my mother and her husband had me lie to a school board I believe, that they had been homeschooling me in the state of texas for the last year because it was illegal in Louisiana where we lived at the time. I now actually live in the Texas as of a year ago. that husband who molested me from when I was in diapers until I was 15 and fed me drugs all through out those years, she knew this and she has hated me for it. he tried to molest one of her other children who she didn't have custody of and only came to visit for holidays. she recorded him and my mother told her, who was 13 at the time that 'he only tried to fuck you because you're fat and he felt bad for you' I have no medical care, or insurance in my state, shes kept it open in Louisiana though she does not take me to the doctor or provide any medical care for me. she does not want to pay for it here and because of her income I do not qualify for Medicaid. my mother makes well than more of enough money to provide for me. she chooses not to. she has prior child neglect charges in the state of Tennesse. I have a 13 year old sister who has never been to school, never had a primary doctor, and needs severe speech therapy. i have over 9,000$ in dental work i have been slowly paying for out of pocket on my own. I have no family that is willing to help me in any kind of way and I don't know what I can do or how I can have control over what happens here and if I can get any kind of justice

Answer: Have you called CPS or gotten them involved at all?


Title: [CA] Verbally agreed to let a friend house goats on one of my properties, goats are dead, he is threatening suit.

Question:
I am in Northern California, and my family and I deal in real estate. We've been holding on to a plot of land near town that has no house on it (yet, plans are being approved) but plenty of space. We used to raise farm animals, and kind of miss it, so when a friend/guy we hire for some specialized painting work from time to time asked if he could use the considerably large property to graze and house his goats, we agreed. He made a lean-to shack for them to sleep and put 5 goats on the property. This was in May of 2016.

The big thing here: there was no contract, no written correspondence, no evidence of this agreement, but basically we did not agree to feed or care for the goats, just give them a green grassy area to inhabit. The guy was supposed to do everything else.

All was well for a few months, the property is far from my house, but we managed to check on the goats and keep them company once a week or so. They were well fed and cared for (we used to raise goats, so we know what that looks like), but then it started to transition to winter, and we stopped going out to the property as often. After over a month of no interaction with the owner of the goats and having not visited the property, I went to the property to address something unrelated (environmental surveying of the creek on the land) and was greeted with five rotting goat corpses.

I was shocked, and horrified, and immediately called the owner and demanded to know why he had let this happen. He was very dodgy, and said he didn't know anything about it. Later, after photographing and removing the bodies (I had surveyors coming to the property that I didn't want to upset), I called the owner again, and this time he said since it was my property that I was liable for the goats' deaths and he was going to sue me.

My question is:

Am I actually responsible for these poor little creatures deaths and the legal ramifications?

What can I do to protect myself? (My properties are in my name, so I understand I have a lot of assets that are at risk in the event of a successful suit)

Thank you all for your help.

Answer:
 > Am I actually responsible for these poor little creatures deaths and the legal ramifications?

Not based on what you said here, but he might try to claim otherwise.

> What can I do to protect myself? (My properties are in my name, so I understand I have a lot of assets that are at risk in the event of a successful suit)

I wouldn't worry too much about that. The going rate for goats is anywhere from $50-250 per goat, at best. This is small claims territory.


Title: My roommate is moving out this weekend but won't sign anything saying she is and says we have to have a sheriff serve her a 30 day notice.

Question:
I'm on mobile so please forgive any errors. I'm in the state of Oklahoma.

Long story short things are not working out with a roommate. My husband and I brought up that she could not stay with us (renting from my mother) because she has started to become verbally abusive.

Anyway she says she is leaving this weekend, I asked her to sign something saying she was giving up residence of the property. She refused and said she's moving out so it doesn't matter since there was no signed lease just a verbal agreement. Can I change the locks and codes to get in house after she is out? Should I have nail delivered with her just say return to sender? My understanding is that I can't change her address for her.

So we brought up then that my mother, the landlady, would be serving a 30 day notice, she claims that only a sheriff can serve a 30 eviction notice. My understanding is the landlord is serving a notice to vacant or a notice to quit. Is there a difference? Do we need to have a sheriff serve these papers or can the landlord?

Answer:
 >So we brought up then that my mother, the landlady, would be serving a 30 day notice, she claims that only a sheriff can serve a 30 eviction notice.

Yea thats bullshit.

Answer #2: You're both right.

Your mother can give her a written and properly delivered "notice to vacate" the premises which details the date that she wants the tenant to leave.

Only if the tenant does not leave by that date, can your mother start eviction procedures with the court. If/when the court issues an eviction order, a sheriff's deputy will then come to enforce the court order and have the tenant evicted if they still refuse to leave.Answer #3: She's not being evicted. Her tenancy is being terminated. An eviction is what happens when a judge says get out AFTER a notice to terminate tenancy is not followed.Answer #4: > Can I change the locks and codes to get in house after she is out?

If she has moved out and takes all her stuff with her then you can change the locks and alarm code. If she doesn't then you will have to go through your State eviction process. Answer #5: Explain to her that if she has to go through a court eviction process, that's the first thing future landlords look at.Answer #6: Couldn't you just point out to her that if she's not saying she is moving out she is saying she still needs to pay rent? I'd think she would not want to pay rent for a place she isn't living in. But then again she is asking to get evicted.


Title: Trying to cancel a Wedding Videographer contract. We can't pay!!! Please help.

Question: So here's the deal.  My fiance and I are getting married Oct 3rd.  Last second she decides she wants a videographer for our wedding.  She asks me about the the florist deposit and the videographer deposit if it was ok to put it on the credit card.  I said fine not realizing she was talking about the videographer as well.  She signed the contract and my credit card was charged.  Everything went down on July 31st it's current Aug. 4th.  Is there a way to get out of this contract? Technically I never signed the contract and the Credit card is solely in my name.  She's already called the videographer to inquire about the cancellation.  She told her no and she was sorry.  Total the Videographer is $2200 the deposit was $1100 so 50%.  Yes I know not a good way to start out a marriage with trust issues about money but it's bound to happen when it comes to weddings.  The videographer is located in GA.  The wedding is in SC.

Answer:
 >>but it's bound to happen when it comes to weddings

I hope you don't think this is a typical thing that happens with weddings. This is a severe lack of communication. Answer #2: >Technically I never signed the contract and the Credit card is solely in my name

Are you saying your fiance stole your credit card?  If yes your first step would be to contact the police I suppose.


Title: [Toronto, ON] Suspected abuse of a 15 year old daughter

Question:
[deleted]
Topic:
Canada

Answer:
 > Should I talk to her brother instead & ask if everything's ok and seek confirmation of the situation before doing anything else?

TBH, I just skimmed thru your post, but if you suspect something, call the police or child services. It's not your job to be a PI here. Answer #2: Call CAS and tell them what you know.  Make sure that you include the fact that S is missing large amounts of school, so that the case worker can follow up with the administration Guidance department there (who may know a lot already, but even if not can fill in some gaps).


Title: Can my cousin sue her mom for child support?

Question:
My aunt and her husband divorced after about ten years of marriage and two children together. My aunt promptly abandoned her children and moved to the east coast, leaving both children with full custody under the father. My cousin at around 14 became incredibly rebellious and decided to live with her grandmother. So for four years she lived with her grandmother, and recently she graduated from high school. After she graduated, she found out that her father had been paying child support to her mother these past four years, but her mother did not use any of it towards her daughter, nor did she give any to the grandmother that was taking care of her.

My question is: could my cousin sue her mother for the child support that has been missing for these past several years? And even if she can, would that be worth the legal fees associated with going to trial and hiring a lawyer?

This is in Fresno, California, United States

Answer: No she cannot, The grandmother could have, at the time, gotten custody and had the money redirected to her.


Title: Got a kitten from a breeder who has a heart murmur but I want to keep him. What should I do? (New Jersey)

Question:
Was told to cross post from /r/Pets

[Backstory] I bought a kitten from a breeder under a payment plan where I pay $300 to take home and then $50 per month for the next 4 months, totaling $500.

Under her contract she writes that I have 3 days to get a check up at the vet to state if unfit for sale. So the next day I took her to the vet and they found my cat unfit for sale due to heart murmur. Under the breeders contract, she stated 'should the kitten be unfit for that he be returned to the breeder and the money will be returned.' She stated nothing in the contract about vet reimbursement should I intend to keep him but that she not responsible for any testing.

Upon emailing her the document of the "unfit for sale", she got defensive. She stated she deposited my money but will return it to me when I return the cat. I told her that I wanted to keep him and monitor him under my vets advisement. She responded assuring me he has no heart problem and to reply quickly if I wanted to return him as she had 'other people on the waiting list who would take him in a heartbeat'.

[Now] 3 weeks later, and the doctor still hears a heart murmur.  Out of pocket, the diagnostic testing is expensive. One of the vet techs had mentioned the Lemon Law to me but I am not sure if it's still viable since I signed a contract.

In a week or so, the breeder expects me to send out the next payment. However, I'm worried if I tell her about the heart murmur she'll demand I return the cat. However, if I intend to keep the cat, in the contract she states that if she does not receive the rest of the payments when they are due, she would call the police and I would be responsible for all the court fees.

What are my options? Normally, I would not mind dishing out the money to pay for diagnostic testing but I am very tight on money at the moment. Any tips or advice you guys can give me on how to approach this? Thanks

Answer:
 >What are my options?

Pay for the cat and keep it. Or return the cat. No situation ends with you getting a refund/vet bills and keeping the cat.Answer #2: If you are short on money, don't spend $500 on a cat + vet bills. Answer #3: Not legal advice but cat advice. You definitely need to find out from the vet how severe it is on the grading scale. link: http://www.petmd.com/cat/conditions/cardiovascular/c_ct_heart_murmur

[This handsome beast](http://i.imgur.com/ZrMJ2Wx.jpg) was between 2 and 3 on that grading scale for his entire life and he lived to be 21 years old and died peacefully in his sleep.

It *can* get expensive, they need regular checkups, blood work, etc. But if you can afford it and it's not too severe, it's definitely not a death sentence.

Good luck, hope this all works out for you! :)


Title: [MN] Brother lying about fraudulent charge on his credit done by me!

Question:
So today I asked my brother for his credit card to do a free tutoring session on chegg, the session went longer than 30 minutes it went to 1 hour and 6 minutes he was charged 50 bucks. He than called his bank and said someone made a fraudulent charge on his account and that they stole his credit card, my brother isn’t very bright and doesn’t understand how what he did was illegal.

I didn’t take his card, it was given to me.

50 dollars is a lot and I was going to contact chegg on Monday about the absurd charge from a tutoring session that went no where but he thought lying to his bank would be a quicker way to get his money.

So can I go to jail? I did nothing wrong

Answer: You owe your brother money. Your brother is trying to commit bank fraud, a felony.


Title: Can you sue for emotional distress?

Question:
My ex best friend keeps calling my landlord saying I don’t deserve to live at the apartments I’m in, claims she was treated poorly when I fed her and her baby along with buying them diapers. What can I do? She’s making my life hell.
Topic:
Other Civil Matters

Answer: You can ignore her and ask your landlord to do the same.


Title: Student loan wrongfully in default

Question: Got a letter from collection agency stating my student loans were sold to them for being in default. I am currenty in school and have had my loans deferred. I called Navient who holds my loans and was told that my federal loans are indeed deferred but my personal loan hasnt been. News to me. They say the loan was charged off for missing 19 consecutive payments. I never once received a statement let alone 19, not by mail or email. In fact ive had no correspondance from Navient in years. I confirmed my mailing address with them and they didnt care that i said ive never gotten a statement. I'm sick to my stomach and fearing for my credit score ad we want to buy a house in a few years. Navient said its out of their hands and to just pay collection agency. I don't even care about paying them as im graduating in the spring anyway but just scared of the damage to my credit. Do I have any recourse to save my credit? They are hitting me for 21k that includes 3k in late fees.

Answer: OP- You need to find the terms of that personal loan (which is very different from a federally subsidized loan) and verify it wasn't eligible for deferment. You then need to speak to a supervisor at Navinet and ask them for the documentation (late notices) they claim to have sent you.


Title: Is it legal for my work to send out emails to customers posed as me? Nevada.

Question: The emails start with "My name is "blah blah" and goes on to ask questions of the customer involving the work they are receiving. There's nothing particularly wrong with the content (minus some syntax errors), but at the end it is signed by me as well. I never wrote this email. Some idiot did, however, and now my name is all over emails being sent out full of sytax errors. At the very least, this is a shady business practice. I personally think, however,  that its fraud as they used my personal signature and name to claim I'm saying something I never said and now I'm sick over it because I'm a hardcore grammar nazi when it comes to work related emails and they're sending these out by the dozens.  Can they do that legally?

Answer:
 IANAL, but I work in cybersecurity.

Point of clarification: Is it someone else from your work that's sending these emails, or is it just that the emails have work-related content? If the latter, do you have one of the original emails being sent out? The headers would tell you if your address is being spoofed, or if it was hacked.

Assuming it's not someone from your own office, it sounds like your account is being used for spear phishing.

Edit: If it's anything but someone in your office, you should hit up your IT staff and have them lock down your company mail server and secure your account. The latter just to be sure, and the former if you're being spoofed.


Title: This is why linking the original post should be a mandatory rule for updates

Answer: AgreedAnswer #2: Yeah I had to ctrl + f in post history to find itAnswer #3: https://www.reddit.com/r/legaladvice/comments/bgbxfm/louisiana_im_a_teacher_at_a_public_school_they/?utm_medium=android_app&utm_source=shareAnswer #4: Everything has been deleted now, what was this about, other than just the title?Answer #5: You can say that again.Answer #6: Hear hear


Title: [UT] Is my ex husband's things legally mine after 2.5 years?

Question:
Together over 7 years, married nearly 5, no children. Began divorce proceedings May 2014. He voluntarily moved out of the house into his mother's basement after being served papers. We packed the house together when it was put on the market. It sold faster than expected. He had a storage unit that he filled with furniture his mother gifted us and many of his personal items. I had two bulky items put in it as well, but nothing I couldn't replace or cared about. I don't want them back.

We were rushed to finish packing up everything in time for the new family to move in the house and ended up packing the last bit into generic boxes instead of having his boxes labeled for his items and my boxes labeled with my items. We immediately moved the remaining boxes into my storage room at my new apartment. I agreed he could keep his items there until he had a larger place to live, within a few months (Jan 2015) he moved out to a rented house and took a couple boxes from my storage room.

Due to missing a signature on one page the divorce wasn't finalized until end of March 2015 instead of the usual 60 days from filing. Since then I had been trying to get him to take the rest of his boxes that are filled with only his things and help me sort through the remaining boxes that contain both of our things. He came two more times that year (2015) and sorted through 3 boxes, took about 2 boxes worth of things, and none of the boxes that were already marked as his.

I texted him September 2015 that he needed to have his things out by the end of the year. He agreed, but never came back and fell through on arranged days. I had been spending all of 2015 finishing the separation of accounts and credit cards, it was fully finalized November 2015 with some legal push on my end.  This caused him to be angry with me.

I texted him again a few more times in February and March of 2016 for him to get his things, he came by once to get specific items from one of his labeled boxes, but it was right after a Costco trip and he had no room in his car to take the entire box. In April I texted him that he needs to have everything out by the end of the year, no exceptions, he acknowledged that and said it was a reasonable amount of time. he has not come by once since then to take his things and I've had almost no contact with him.

The actual Item that fill these (12 ish) boxes are almost entirely his/mine video game collection, collectors edition statues/posters/boxes/etc, game guides, etc. All of which was purchased while we were married with our combined income.

I am fed up with storing these things, I would like to sell these items before they degrade in value. Can I legally do so? Not all of the property hasn't been separated into games he wants/games I want, or even compromised on who gets which one if there is a dispute. Yes it should have been done before the divorce, but there was less than civil relations at that time.  The property has been in my possession since before the divorce and going on three years now.

The problem is I didn't take screen shots of the text messages and my backup was recently corrupted so I only have messages from the last 3 months, only 5 were from him. He could possibly look them up on his end if he chose to. I want to know if the property can be constituted as mine, can I sell it, are there any legal repercussions? I want to go fully no contact and move on from this, but I can't with still having these items. I know he has no means of getting a lawyer, he didn't during the divorce, and he has no money/time for small claims court. He probably won't even 3 years from now, but what if he does in 4/5/6 years?

TL;DR
I have property that was purchased during my marriage and my ex hasn't made time to sort and claim what he wants out of it in the 2.5 we have been separated, is it legally mine?

Answer: Send him a registered letter (keep a copy and the receipt) saying he has 30 days to pick up his property or you will be discarding it when that time is up. Keep what you want after that date and sell, donate, or toss the rest.


Title: How seriously would a court take a false, made-up abuse claim from my ex?

Question:
So a short overview, I am not currently going through legal custody proceedings but feel they may be possible in the near future. My divorce is almost finalized, and although we filed an agreement for joint custody, my children have been living with her full time due to my active duty military status.

It's become increasingly clear to me that my ex is not giving my kids a good home. I could list all the evidence of that but just take my word for it. Its not the most extreme case but not what I want for my children. CPS has already investigated and said it "wasn't bad enough" for them to do anything, but I believe a court would see the same as me.

The issue is that she maintains that the primary reason she left me is because I violently "choked" her when she was pregnant 3 years ago. Now.....this did not happen. We argued and it got pretty heated but I never squeezed her neck or hit her in any way. Nevertheless, she has told multiple people this story and even in one-on-one conversations with me and her she will scream and yell if I so much as suggest it didn't happen. I'm not a psychologist and don't even know where to begin to explain why she has fabricated this fantasy, and on some level I don't even care. But it bothers me to think that one day I may be standing in front of a judge listing all the documented evidence of this woman being a lazy, neglectful and physically/emotionally abusive mother, and then she just says I choked her once and they take it at face value that I'm a wife beater.

Is this something judges and courts account for? There are no police records or any evidence, obviously since it didn't occur, while on my side everything I could accuse her of is documented or there are other people willing to atest to. Any insight would be greatly appreciated.

Tl:dr- Ex-wife falsely claims I physically abused her. Would a judge believe her?

Answer:
 Here is the question you should be asking:

Why should we believe that your soon to be ex-wife would lie, i.e. perjure herself and defame you, based only on your story? Cause thats the real issue you have, Would a judge believe her just on her story? Well, should we believe she a liar just on yours? The judge will listen to her side and your side and try to find the truth. So "would a judge believe her?" Maybe. Judges aren't going to side with either party based solely on the charge.

So when you say:

> don't even know where to begin to explain why she has fabricated this fantasy, and on some level I don't even care.

Well you better. Thats why you should get an attorney, thats why you should prepare a case. Cause as stated by another commentator:

>  I never squeezed her neck

Is some sneaky hedging. Did you ever **touch** her neck? Did you contact her in a hostile or aggressive manner that you wouldn't consider hitting?Answer #2: You say you never squeezed her neck, but did you have your hands around or on her neck at any point (however brief) during that argument? If you were angry, or if she was terrified, or if there was a large disparity in strength, what she is saying may very well be what she remembers, even if you weren't trying to choke her.

If you never touched her, that's another thing, but I just instantly saw in your statement that's not what you are claiming, only that you didn't "squeeze."

That said, I don't really know the law, but I suspect that even if you had straight up hit her, that's not necessarily enough that you lose custody completely.


Title: Does your character/who you are play a role in your conviction? Is it possible for me to ask the judge/DA for leniency in my convictions? [California]

Question:
Hi,

I am currently being charged with: (I think these are it..I had 5 charges but my offer/deal specified just two)

-PC1192.7/667.5/ 290/1170(h) Spec Alleg- Serious Felony- Violent Felony

-PC 32 Accessory after the fact- (Knowledge of Crime)

Basically what happened was, I unintentionally got myself involved/encouraged a fight that resulted in a stabbing. The stabber (I will just call him Bob) was involved in a fight earlier that night and was out to "seek revenge". Him and a group of his fraternity brothers went to go look for the people he had fought earlier. Me and my friend (I will call him Joe) were at the fraternity house drinking and what not and witness Bob and others getting "ready" for this fight but did not have plans to participate in it or anything/ nor did we care what was really going on. (During the time I didn't realize what was going on since I was just drinking and hanging out)

I was about to go home when Joe asked me to go hang out with him and I agreed to come, but we also left the same time as the group of other guys ready to fight.

So this is how I got involved- Bob saw one of the guys who jumped him earlier at this fast food restaurant but wasn't entirely sure if it was. Somehow someone asked me to go and ask if the guy was from XXX school. (The people who jumped him were from a different school). Me being stupid, drunk and not really realizing what the situation was went in and asked. I sent a text message to Joe from inside saying that they said they were from XXX school. The moment I stepped outside the place, along with the guy from XXX school, a group of the guys jumped him and Bob stabbed him. (No one had any knowledge that this stabbing was going to occur). Anyway least to say, I myself was very shocked by the fight and did not expect it- especially in front of a fast food restaurant.  Obviously reviewing back on it, I am aware of what I did wrong and that I should have known better. But I myself have never encouter any violent acts prior to this.

So thats pretty much the first charge and how I was involved. Since I "encouraged" the fight that resulted in the stabbing.

The second charge came from after the fight when we were all back at the fraternity house. Bob told everyone that he stabbed the guy. Everyone is kind of freaking out and all the guys are trying to clean the weapon and trying to figure out what to do with it. I don't know what was said but I remember just overall feeling fearful about Bob having the knife and personally suggested to take the knife back to my place. (Very stupid I know, but it definitely was NOT with an intent to destroy or conceal the weapon but more of just getting it out of the hands of someone who just stabbed someone.). The guys said no, and ended up putting it in the freezer. (I do not believe I touched or handled the knife at all but the details are somewhat vague to me since this all happened a year and a half ago). The cops basically ended up busting in and had listened to the conversion this entire time.

Anyways this all happened about a year and a half ago, and I was charged with the crimes and entire year later.

When this all happened a bunch of cops and what not would come and talk to me about what happened. At the time, I did not view myself as someone who was highly involved so I literally told the cops everything I knew in a perspective of wanting to "help" them with information so that they'll have a truthful story. I told them about the whole knife thing and my suggestion to take it back (also they heard me say this). Overall, I was just very naive about this and have always had a positive perception of cops so I felt like complying and talking to them was the honest thing to do. I believe this resulted in me getting two convictions while everyone else only got one. (I was the only one convicted of accessory after the fact for the weapon)

I have been going to court for a few months now and today I finally got an offer/deal which included taking the two felonies as wobblers, probation for 3 years (I think), 160 days in jail and house arrest. My public defender told me it was jail would probably be ruled out.

So I understand my involvement in this and the seriousness of this crime. I do find myself fortunate that the victim ended up okay because I obviously wouldn't know how to live with knowing a participated in a murder. (Though I obviously sort of did). I do believe in consequences and do not expect to get off the hook for anything.

However, I do highly believe that my involvement with this situation is pretty much- I was a girl who was at the wrong place at the wrong time with the wrong crowd and made poor decisions that lacked good judgement. I'm just overall not a violent person or threat to society. I am an Accounting major (I definitely spend more weekends studying than going out) and an Educational Studies minor. I work with kids and tutoring them a lot and had plan on becoming a teacher after accounting. Im overall just your average student except I made a really really stupid and poor decision that night.

Would it be possible for me to ask my public defender to ask the judge/DA or whoever is sentencing me for a more lenient charge? Like perhaps being able to take in misdemeanors instead of felonies? Doing more community service/ ban drinking/ or even starting an anti-violence awareness project to education others about stuff like this? (I know its pretty much common sense, but these things do happen a lot). Getting a felony would result in me literally never being able to establish a professional career and to be a productive member of society and I overall just don't see how thats progressive? I practically just willing to do anything to prove that I will be a law abiding citizen.

Also, despite the facts and evidence of my involvement could I explain to the prosecutor that I honestly had no intent of the fight happening and  conspiracy to conceal/destroy weapon?

One more thing! (Sorry this is sooo long!!) How does ADHD hold up in court? I was diagnosed with ADHD when I was young, but my parents didn't do anything about it. Ive always known I had ADHD but had always felt like it wasn't a real issue in my life since I was going to school and still working and what not. Since this event has happen, I have gone through questioning a lot myself and why it wasn't in my instinct to had known what was right and done the right thing etc. (Regardless of being intoxicated or not). I have always been known to be impulsive and often doing an saying things without thinking of the consequences. I recently have been doing a lot of research on the correlation with ADHD and crime rates and people with ADHD are overall more likely to commit crimes etc esp when adult ADHD is left untreated. I am NOT using this an excuse at all, but was wondering if it would be worth bringing up and telling the court about it and show them that I have been proactive in treating my ADHD since then. I am overall hesitant to bring this up because I know theres this stigma that ADHD isn't real.

Any advice on this and what I should do or could do to lessen my convictions/sentence? Or just any punishment I could take instead of having a permanent conviction on my record?  I'm graduating in a month and it's overall just a bummer knowing my degree could essentially be useless.. :(

Answer: Character does matter, your problem is that your character is that of someone who helped set up a fight and volunteered to hide a bloody knife.


Title: My mother was fired from her job because of a fabricated text message.

Question:
Hello, we are in New Jersey and my mother worked for a medical office. Last friday, she sent 5 text messages to her (unimportant, friendly) co-worker talking about work. However, she sent them to the wrong number and they got sent to her other co-worker. (EDIT: From herein, co-worker refers to the 'other co-worker' and not the first 'co-worker' Sorry for the confusion) Note, however, there were no disparaging remarks or negative comments in those texts. Today, she was brought into HR, where they showed her SIX text messages printed out onto a piece of paper. The 6th text was mixed in with the other ones, and was exclusively negative remarks about her boss. This text does not exist, and she must have just made it up and printed it out with the other (real) texts. When mom brought up the possibility of her faking the message, HR refused to investigate and actually added that as a reason when they terminated her. The specific reasoning for the termination was 'several texts messages containing negative comments about her co-workers' and 'accusing her co-worker of falsifying text messages.

This co-worked had several motives to do this to my mom. The co-worker was very abrasive at work and there was a rift between her and my mother. However, the coworker has a history of being abrasive and demeaning to the point of causing other co-workers to quit. As a result, the majority of the office was siding with my mother, and the co-worker was getting chewed out for being so rude at work. This coworker also had a previous incident with my mom where she told her the doctor was angry with my mom over something, and then when my mother talked with this doctor, he had no clue what the co-worker was talking about.

I'm rambling a bit because I just got told the story minutes ago, but is there anything my mother can do about this? She quit her well paying bartending job to commit to this medical job full-time  and now her reputation in this field is likely ruined. She has a termination on her record, and whats worse, a termination for violating behavior policy. I'm not a guy in charge of hiring people, but that seems like the worst kind of way you can get terminated in terms of your reputation. I am 100% sure the text message was fabricated, and I'm not even sure how to go about proving that. I feel like there is a wrongful termination suit here, but I don't know if there's anyway to prove her side of the story. Any and all help would be greatly appreciated!

Answer:
 No, she has nothing. At-will employment. She can be fired for real, fake, or any other type of text messages. You say medical job... does she have an employment contract? That *could* (very small chance) change things.

You're mom should make better decisions and not gossip or be unprofessional to co-workers, even trusted ones. If she doesn't type, she can't accidentally send them to the boss.


Title: Is there a crime committed if you seed bomb a golf course? USA

Question: I don’t see anything morally wrong with it, so is there anything legally wrong with it.

Answer: That would be vandalism, yes. You are actively trying to damage their property.Answer #2: Littering and destruction of property, I'd imagine.


Title: Is there some sort of legally recognized card you can get that states in the event you're killed by someone, you don't want them to be tried for that crime?

Answer:
 No.

I mean, you can write a note and hope the prosecutors and police decide to listen to you — they won't — but there's no legally binding version.


Title: Someone hit and ran my car last night while it was parked and I've figured out who it was. Is it illegal for me to demand cash in exchange for not contacting the police?

Question:
I'm waiting for my complex to open but I believe they should have a video of the accident happening. I was also contacted by a neighbor who saw the whole thing and helped me find the car. There is probably $3k in damage and I want to tell this guy that he can give me $5k cash for the trouble and call it even or I'll contact the police (the extra $2k is assurance that if I'm wrong about the damages I'll be able to cover additional repairs and honestly just because fuck this guy). Is it illegal to make such a demand in Texas?

Edit: I'm going to take everyone's advice and just go through the cops and my insurance. I still can't believe the dummy risked a felony over damaging a car. He drives a relatively new car so I would be shocked if he didn't have insurance that would have covered it

Edit 2: spoke with the police yesterday. Even if I literally sent them a video of the guy doing it they will not pursue it. The woman I spoke with wouldn't even direct me to where I could file a report and said just to deal with it through insurance. Apparently hit and run without injury is not that big of a deal.

Answer:
 Such a demand could very well be extortionate.

If you want to negotiate a settlement, do so without threatening a negative consequence if you don't get your way. Then you'll be fine.Answer #2: Call this in to your car insurance company.

Don't mess around with trying to get cash from the other driver. There are too many ways to spin that against you.

Answer #3: Pay or I'll sue is okay. Pay or I'll call the cops is problematic.

Get an actual estimate instead of demanding more damage than there is, or better yet just go through your insurance.


Title: [Washington DC] Did I have to identify myself in this situation?

Question:
Last night I was in a convenience store in Washington DC. After leaving the register with my purchases, I was stopped by a police officer standing in the store.

He asked me if I knew DC had a curfew. I replied "I'm a adult."

Then he said "Well, we'll see after you show me your ID" Not knowing the stop-and-identify laws (I don't believe DC has such a law), I complied and gave him my license.

After seeing my birthdate, he says "Oh, well you looked 15."

I feel like no matter how old I look, that is not enough cause to make me identify myself. Any advice?

Answer:
 Washington DC does not have a stop and identify statute.

But the officer seemed to have reasonable suspicion of a crime occurring. That means that he can detain you and investigate. If you choose not to identify yourself he can continue to detain you until he can determine your age.  He also may be able to take you into custody if he has probable cause to believe you are underage and out after curfew.

While not "required" to identify yourself, it was likely the easiest and fastest way to resolve the encounter.Answer #2: > I feel like no matter how old I look, that is not enough cause to make me identify myself.

Sure it is.  The officer was investigating a potential crime; that of violating curfew.  The officer is allowed to investigate that crime, and identifying you is a piece of that.


Title: I'm 25f and my ex fiance is screwing me over and I would like to know what to do about it.

Question:
I live in Southern Illinois

-He stole thousands of dollars from me.

-His daughter called me mom and he took her and won't let me see her.

-I'm pregnant now (going to more than likely lose it my HCG is freakishly low to be as far as I am) he said "call me when you lose it or have it"

-he refuses to be there or be amicable in anyway but expects full rights to a child he wants nothing to do with until it pops from me.

-he has tried getting me evicted from my home because I called DCFS on him neglected his daughter (which he was I DID EVERYTHING) everyday I saw her she was covered in urine past her sholders and never really ate a meal without me because she wasn't "hungry"

-He got jealous because she always wanted me to hold her and love on her because I taught her to hug and talk and nearly walk before he took her .. he did nothing but play on his phone he never ONCE played with her.

-He now lives in a heroin/meth den with his father and whatever riff raff his father brings in.

I'm in hell of a situation and I don't know what to do. I hate him so much he mentally abused me and used me our entire relationship.

I'm still trying to heal but I know this much that NONE of what I listed is okay... it took me about a week to even get ahold of him to let him know I had a positive pregnancy test.  I found out Saturday I was pregnant and this couldn't be any worse right now ..

tl;dr: How do I take legal action the proper way on my abusive ex?

Answer:
 If the daughter is being abused or neglected then call CPS again.

Other than that he doesn't have to let you continue to see his child, or be in any way involved with yours until it is born. He also doesn't have to be polite to you or continue to have any relationship with you. Once the baby is born he can file for custody and he'll get some kind of visitation at least, quite possibly worked up to 50/50.


Title: [ID] I am being sued for selling products I purchased as a distributor on eBay

Question:
During the summer my coworker had tricked me into a pyramid scheme. I signed up as a distributor for a company called Kyani and purchased a starter pack with them for around $700. I realized too late it was a pyramid scheme so I decided to cut my association with the business. I still had the products so I decided to sell them on eBay because I had no use for the items and I wanted to recover the cost of what I had lost.

 In the beginning of September, I filed TN state consumer compliant against the company for organizing a pyramid scheme. I believe they're counter sueing me.

They had issued a warning about my activities on eBay selling their products on 08/06/2016.

Today, 11/15/2016, I have recieved a plan of action for them to sue me and ten other defendants for unfair competition within the meaning of Section 48-603 of the Idaho Code and/or under applicable common law. Due to past and future costs. losses and damages sustained by Kyani because of making their products available for purchase using an Internet portal like eBay, Amazon, etc.

Remedies

Kyani is entitled to recover from the Defendants all past and future costs, damages and losses incurred as a result of the Defendants' improper actions, in an amount to be proven at the time of trial or at the time judgment is requested.

Kyani is further entitled to recover from the Defendants its attorney fees (in the amount of $2000 in the event this matter is concluded by default and a greater amount in the event of any contest) and court costs incurred in prosecuting this action pursuant to Idaho Code Sections 12-120 and 121, and pursuant to any controlling agreements.

My Request for Advice

I am currently unemployed and job seeking. I don't have the money readily available to hire a lawyer or the amount they're sueing me. What are my next steps? I would be grateful to get your advice on what I should do next. I hope everything will be okay.

This is the action I need to take...

"TO: [MYSELF] You are hereby notified that in order to defend this lawsuit, an appropriate written response must be filed with the above-designated court within 20 days after service of this Summons on you. If you fail to so respond the Court may enter judgment against you as demanded by the Plaintiff(s) in the Complaint."

EDIT: Title is misleading...I am a TN resident being sued by Idaho state court

Answer: You should consult yourself a lawyer.  It is likely they have no case, but since they likely have lawyers and you don't, you need to get some actual legal advice from someone familiar with business law in your state.


Title: My landlord won't allow me to have someone test my house for mold, is that legal?

Question:
Roughly a year ago I had a bunch of mold in my bathroom to which I informed my landlord about. He had someone come over to repaint the bathroom and put a different fan in. It seemed to work but I would still occasionally get mold in the shower which I know isn't all that uncommon.

About a month ago, the landlord was over at my house and I pointed out to him that I think the mold issue might be a bigger issue than we originally believed. The conversation didn't really go anywhere.

A little over a week ago I called him to let him know that I was going to have a professional come inspect the house to see if mold was an issue. I even told him I was going to pay for it. He said that he would look into it instead to find someone that he trusted because he was worried about being taken advantage of. That was on Monday, on Friday he called and left a voicemail that he was just going to have someone come over to clean the bathrooms really good and repaint them (again). I didn't call him back, mostly because I was frustrated.

This morning I talked to certified mold inspector and tentatively set up an appoint for early next week. Soon after I emailed my landlord to inform him that I was having someone come out to test for mold (to see if there even was an issue)... I linked his website and phone number. He immediately replied that he wouldn't authorize anyone to come inspect his house. He also stated that if I didn't accept his offer to simply clean and repaint the bathrooms that I should just move out.

I haven't even gotten into the health issues I've been having recently. I would simply move out but the biggest problem with this is that there is a strong possibility that we won't even be in this state (Idaho) once my girlfriend graduates from law school in December.

Any advice?

Answer:
 Unless there's a state statute that *specifically* allows a landlord to prohibit a mold inspection, then he cannot do it. A tenant is entitled to give a guest access to the leased premises. A mold inspector you hire would be your guest, so you are entitled to allow him to inspect.

NOTE: You cannot give the inspector access to a part of the property which *you* cannot access under the lease.Answer #2: What can he do to stop this inspector from coming over? Guard the driveway all day?


Title: My wife and I had a physical altercation and she was the aggressor I have the whole thing recorded on audio

Question:
I have pictures of the blood she drew on my arm and the red marks from scratches left by her is there a way of filling a police report without having her arrested?
Topic:
Custody Divorce and Family

Answer: What outcome do you want from a police report besides charging her with a crime?


Title: Followed lawyers advice, bad stuff happened.

Question:
tl;dr

lawyer told me to not give money to my wife absent divorce agreement after she left the home. My account password was changed, money was attempted to transfer. Then she refused to transfer 100 percent back until I gave her permission in writing to take 50 percent. I was able to change my login id, password and login questions. Cancel the transfer. But not before she took our daughter. She also took the carseat so I am unable to pick her up from daycare. She has informed me our current agreement where I get her 4/7 nights is no longer valid, and I won't see her for a long time.

Is this something I should call my lawyer's cell about or wait until monday? Do I call the cops and report the attempted fraud?

oh LocationBot, I live in Colorado.

Answer:
 Your lawyer sounds correct. But your wife is also correct about custody. Absent court orders you have no right to see it talk to your child.

Also, buy another car seat and that problem is solved.


Title: Article 1 section 9 of the Constitution bans public servants from accepting titles of nobility. Does this also prevent those who already have titles of nobility from running for office?

Answer: No. It is pretty clear on what it prohibits, and people with titles taking office isn't it.


Title: [x-post r/realestate] Possible Squatting Situation Need Advice-- NC

Question:
I live across the street from a house that has been vacant for some time. It's in bad shape and has no utilities, it is *not* in habitable condition by any means. Apparently though it has a property manager who came out once a few months ago and seemed surprised that the house she left vacant and unsecured (windows not boarded, etc) then proceeded to not check on for months would be broken into, vandalized and used as a place to do drugs.

She gave us her business card and asked us to keep an eye on the place for her. About a month ago, workers began to show up cutting grass, securing the doors, boarding the windows, repairing the huge hole in the front porch, etc. We saw the local cable company truck outside for a few days but because of all of the other activity that was going on we initially assumed that they were working to restore services to the house.

About a week ago, more guys from the local cable service showed up so now there were 3 company cars parked outside on the street and at least 4 guys who seemed to be there all day. It did not appear like they were doing much work. Then we noticed that they brought a BBQ and had solar lights in the yard (no power in the house) and were staying there all day and all night. It felt super sketchy.

At that point we called the cops and reported people staying in a vacant house. The cops showed up and we watched from the window as they had a short exchange with one of the guys on the front porch then drove away. After speaking with the cops, they said the guys told them that they were living in the house "to keep an eye on it" while it's being fixed up. We contacted the property management company to let them know what was going on and got no response.

After the cops stopped by they disappeared for about 24 hours but then they came back. Today another car pulled into the driveway with 2 people a man and a woman. Their car was filled to the top with stuff and they were fidgeting with the lock box trying to get the key out. They also have a dog. It looks like they have begun unpacking the car as if they are moving in too. That would be 5-6 adults living in a house with no power and no water.

Does anyone know what I can do about this situation? I am planning to contact the property management company again tomorrow morning and do whatever it takes to get someone on the line to tell us what the heck it going on in that house. The house is not habitable so it seems like there has to be some recourse to have these people removed. Even if the property management gave them the OK to stay there I do not like this situation one bit-- if the guys are employed what business do they have squatting in an abandoned house? I'm not sure what they are up to in there but something is off and I want to get this taken care of ASAP. Please let me know what I can do. Thanks!
Topic:
Landlord Tenant Housing

Answer: Almost certainly it is a bank owned property. Pay for an hour of a lawyers time to write a letter threatening to sue if they don't secure their property. The damages would be the petty theft you and all your neighbors have experienced recently, the costs of the alarm systems and security cameras, and whatever else your lawyer can dream up.


Title: [TX] Child Custody Help

Question: I am the father of a gorgeous little girl, who we will call Anne. She lives with my mother, who has right of domicile. Temporary orders from the judge gave Anne's mother, who we can call Beth, and myself a minimum of 9 hours visitation per week. When we went to court for the final orders, back in December 2016, my mother's lawyer was able to coerce Beth and I into changing our visitation, making it at my mother's discrection (we didn't have a lawyer). He then told the judge that he would mail us the orders to sign, and then we were to mail it to the courts. We got the papers in the mail, but never sent them in to the courts. My mother absolutely refuses to allow Beth to see Anne. Beth and I are separated, so I'm still able to see her, as long as I don't piss off my mom. My question is, are the final orders truly final if they haven't yet been signed by all parties? Is there anything that I can do that won't cost me an arm and a leg in order to ensure Beth can see Anne? I can't really afford a lawyer, anytime soon... it's been nearly 8 months since my mother has allowed them to see each other (wasn't holding up her end of visitation beforehand). Every time I see my daughter she asks about her mother. She doesn't understand why her mother isn't around anymore, because she's only 3. Seeing and hearing this absolutely breaks my heart. Please, can anyone help me?

Answer:
 You should call the court and find out if the judge has signed the final order. If so, this will be harder to fix. If not, you'll want to let the court no that you don't agree with the deal anymore because your mom isn't allowing access at all, which is not what was contemplated with the agreement. The judge may set aside your agreement and have a hearing to decide what visitation schedule should be.
If the final order has been signed, things get more complicated and you'll really need a lawyer to fix it


Title: Fighting the red light camera

Question:
(MIAMI GARDENS, FL)

Hello, I was caught making a right turn at a red light without coming to a full and complete stop (I rolled through while braking. My reason being that the perpendicular traffic was turning left so it was 100% clear and safe. No pedestrians in sight. Do I have a good chance at fighting this? Thanks for reading!

Answer: Not if that's your defense. Even if no one else was within a mile you still have to come to a stop at a red light.


Title: Student Loan amount went up by 10x

Question:
Massachusetts

I graduated from college May 2018 and I got a 3,500 student loan from my university. I am 100% certain that I was loaned 3,500 and have all the accompanying documentation. Today I checked the website and it says that I owe over 26,000! I don't know what to do. How is it possible that it could have gone up more than 1000%? After making a call today, they said they changed the amount I owed three weeks ago but I was never notified. Is this legal? What should I do? I'm planning on going to the financial services office next week but this is really worrying. There must be a mistake.

Thanks
P.S. Asking for a friend.

Answer: If you really don't owe them the money, then they can't legally compel you to pay them. Talk to financial services and see what they say about getting the misunderstanding resolved.


Title: Dentist broke tooth during extraction and could not retrieve the broken root in my sinus. Malpractice suit?

Question:
Easley, SC....About 3 months ago, I had my teeth extracted and dentures made. While doing the procedure, my dentist stopped the extraction and explained to me (I was only under local anesthetic, not unconscious) how one rear molar (upper left) broke into pieces while he was extracting it. This was not unexpected, as that partucular tooth was decayed and I had been warned that it might break, in fact, I was pre-charged an extra fee for that tooth and 2 others because they might all possibly break under the pressure of the dentist's extraction impliments....this is known as a "surgical" extraction, as opposed to a "simple" extraction.
The dentist halted the procedure, not because the tooth broke, but because the root broke off too deep in my gums, and as he tried to retrieve the broken root, he had innadvertanly pushed the root piece thru my gum and it had ended up in my sinus cavity above the gumline. He then called a colleague to ask what he should do about this. After a short convo, he said I would need to have tthe tooth fragment removed (poss surgically) ASAP after the rest of the extractions, after my denture had been fitted. He didn't say much else about my options, other than it could sooner or latet become infected with bad consequences, or may possibly just be absorbed into my sinus tissue, but he had never been in this situation, and he said an oral surgeon would need to examine me to give me reliable options, and he would refer me to one. He then finished the extractions and fitted my dentures.
In the next days, I was to return to his office to check on the healing and fitment of my new dentures. He also had his staff X-Ray my face to confirm the tooth fragment was still in my facial sinus cavity, which it was. Approx. A week later, I returned again for a check up on my dentures, and another X-Ray was taken and the tooth was still in there.
The dentist then suggested I see the oral surgeon employed by his same employers (Alpine Dental) and that Dr. would give me his opinion and treatment options/plan. Unfortunately, the oral surgeon was a "floater", and didn't work at that specific location, but rather, he covered all the oral surgeon needs of several locations. This made getting an appt. to be seen by him very difficult, and I was told he could see me a month later, but also that this would not be ideal, given the urgent asap nature of my condition. They office staff set me an appt and I was told to seek urgent care if it hurts or has discharge or anything unusual.
Jump to 1 week later, and not only did I start getting nasty green-brown-red discharge, but i was constantly smelling a nasty odor and I went to the ER, where further crags showed tthe tooth fragment had created a pocket of infection/internal abcess. The ER referred me to a local oral surgeon who would remove the fragment, and gave me antibiotics.
That's where it stands now.......it's still in there, but the stink and discharge is very infrequent and minimal, but it's still there too.

So, do I have grounds for a lawsuit? Should i contact this Dentist about this?
I am really in a bind here, as I don't have insurance, and cannot pay for any more ER or oral surgeon visits. The ER bill was over $700, but I can't pay it, and my Dentist mentioned how his staff will work up an estimate for the cost of the oral surgeon's fee, and I really think the Dentist and Aspen Dental should reimburse me for the ER visit and the meds, not to mention the oral surgeon's fees. The extractions and dentures were $5000 and burned out almost all my savings already.

Any advice (lawyers) on what's to be done, if anything? I'm sure I am leaving some details out, so plz pm or post for answers to any other questions.

EDIT:location

Answer: We aren't doctors so we can't really follow the details of this, but in order to have a malpractice case, you need to show that the work was done below normal standards of practice.  The fact that something went wrong is common in medical procedures and does not indicate malpractice by itself.  Answer #2: At this point see an ENT surgeon, they may be able to fish it out of your sinus thru your nose with a suction tube


Title: [NC] Surgeon won't return security deposit until I send pictures absolving them of legal culpability

Question:
Hi,

I recently had a breast augmentation back in April of 2017. The procedure was medically necessary and covered by my insurance, however, the surgeon's office collected a $1k deposit in advance in the event my insurance did not pay the claim. This was to be returned to me once the claim was processed.

The surgery went flawlessly, my results are excellent. The claim was paid in full by my insurance about 3 weeks ago. The practice doggedly tried to get me to pay on the claim while the insurance claim was still processing, but that's not relevant.

After I heard my insurance claim had been processed, I requested my deposit be returned. At first, they insisted I had to come to the office to receive it and so they could take post-operative pictures. I live hours away, so I asked them on whether they could mail it to me.

The surgeon's office then said they could send the check returning my deposit **after** I send them post-op pictures. This made me feel uncomfortable, I felt pressured into sending the pictures just to receive my reimbursement. I replied explaining how the situation felt unfair and that I'd rather send pictures after they returned my money. I provided them my mailing address for them to mail my deposit back first, firmly requesting they send it to me.

In their response, the practice insisted that they need the pictures for legal purposes so as to have documentation of my results. It was explained as necessary to protect them from legal culpability in case I tried to make a legal claim against them for harm or malpractice, as having pictures would give them proof to the contrary. Their reponse made no mention of intending to send my security deposit until that had been handled.

The practice has not explicity stated that they will not return my deposit until I send them pictures. However, they have shown no intention to actually return the deposit first. Instead, they have continued to pressure me to send them something absolving them of legal risk (the pictures) by leveraging the deposit money they have yet to return to me.

I hate the feeling of being forced into sending (let's be real, topless) pictures to the surgeon just for the practice to return my money. I feel coerced into doing so.

What can I do if they will not return my money until I send them pictures? Do I have any recourse? I just want my money back.

Thank you in advance for you time and responses.

Answer:
 You can file a small claims suit against the surgeon.  I wouldn't send nude pictures to a surgeon either.Answer #2: It ultimately comes down to the terms of your agreement with the surgeon and their practice. If the only terms for the deposit were that it would be returned once your insurance paid out, and your insurance has paid, you can take them to small claims over the deposit.

What did your pre-surgery paperwork say about post-operative pictures?Answer #3: It appears no one has mentioned this yet, but you can complain to the [regulatory body that governs doctors in your state.](https://www.ncmedboard.org/resources-information/consumer-resources/complaint-process)

This whole scenario seems grossly unprofessional, and aside from the legal options other people have recommended to get your money back, the regulators should know what this person is doing.

It seems extremely unlikely that this is the recommended procedure for post-surgery checkups or preventing lawsuits. Tell the regulators.Answer #4: You can sue them. Sending them pictures doesn't absolve them of legal risks. You aren't giving anything up sending them pictures.


Title: Is it possible to find out info about my parents' past child support claims?

Question:
My parents divorced when I was about 7, and I'm 28 now. As I got older and more aware I listened as my parents bickered about child support nonstop: my dad would claim he gave my mother xx amount, and of course she'd claim she never got it or I'd never see any of that because we struggled with money in a single parent household.

Now, as an adult, I'm wondering if there's a legal way I can find out how much my dad gave in child support. I'm the only child, no siblings if that matters, and biological to both my parents. I have a strange feeling BOTH of them are lying to some extent, and curiosity has gotten the better of me. Sounds kind of petty to an outsider reading this, but there've been a lot of familial issues the past year and my therapist suggested delving deeper into this to try and get an answer that neither are willing to give.

Answer: You need a better therapist. Seriously.


Title: Uber Driver charging $75 for "damages brought by gum"

Question:
Hello r/legaladvice a couple of buddies of mine and myself took an UberXL ride to a late night breakfast at IHOP. Two days later the driver contacts us saying that we need to pay him $75 for damages done to his car from a piece of gum being left on a seat! Yes a piece of chewed gum! He insists that we "have to" pay him. However I don't recall reading anything related to 'damages from gum' in Uber's Terms and Conditions. Can the driver really be right?

Coming from Oakland CA, USA
Thanks Reddit

Answer:
 It's right there under "Repair or Cleaning Fees"

It might sound like a lot but if the driver had to replace the seat covers / floor mat, etc it sounds reasonable to me.

Hopefully you learn a lesson from this and not be a disgusting pig next timeAnswer #2: yes, because you damaged his car with gum he can sue you for the damages you caused. he may not be able to charge your card, if it isn't in the terms, but the lawsuit is not governed by those terms and conditions most likely.


Title: Peeping Tom at my apartment complex

Question: Rogers, AR, USA. There is a neighbor here at my apartment complex who has been repeatedly caught peeking in to neighbors windows at night. He constantly walks around with a phone by his ear, pretending to be on a call. He has been caught multiple times by multiple neighbors. There are several female neighbors who have complained to me, but when I bring it up with the landlord I am told that they can do nothing unless it’s on tape for the police, but that they acknowledge the problem. Short of strapping cameras up to multiple buildings, what can I do about this person? Thanks.

Answer: You can call the police when you see someone peeping.


Title: Casas de apuestas y colegios

Question:
He repasado las reglas y no veo ninguna que impida publicar en español, pero si tal regla existe y no la he visto, borren el post sin problemas.

Escribo desde Castilla y León, en España. Aquí existe una ley autonómica que impide la apertura de locales de juego a menos de 100 metros de un centro de enseñanza (ley 4/1998 de 24 de junio de 1998). El caso es que en un local enfrente del colegio de mi hijo ha abierto uno de estos negocios, tan sólo cruzando una calle (20-30 metros como mucho). La trampa está en que la entrada se sitúa en la calle paralela y respecto a esta si se alcanzan los 100 si se sigue la calzada pero no en linea recta. La ley no especifica, tan solo indica que en una zona de 100 metros no se podrá abrir un local de juego.

Quiero intentar que se cierre este negocio, ¿como debo proceder o a quien debo acudir?

Answer:
I have reviewed the rules and I do not see any that prevents publishing in Spanish, but if such a rule exists and I have not seen it, delete the post without problems.

 I write from Castilla y León, in Spain. Here there is a regional law that prevents the opening of gambling venues less than 100 meters from a teaching center (law 4/1998 of June 24, 1998). The fact is that in a place in front of my son's school has opened one of these businesses, just crossing a street (20-30 meters as much). The trap is that the entrance is located in the parallel street and in this case if 100 are reached if the road is followed but not in a straight line. The law does not specify, only indicates that in a zone of 100 meters it will not be possible to open a game room.

 I want to try to close this business, how should I proceed or to whom should I go?Answer #2: [/r/LegalAdviceEU/](https://www.reddit.com/r/LegalAdviceEU/)


Title: Weebly, a website creator, has several background images

Question:
Can I use those background images for my website legally or am I violating copyright?

Location: GTA, Canada

Answer: If you didn't create them, then no, they're not yours.


Title: Could a personal apology after a traffic accident cause legal implications?

Question:
A while back, I accidentally rear-ended another driver. I was commuting in heavy traffic, and I collided with the back of the vehicle ahead of me at around 5 MPH. Nobody was hurt, which I am very grateful for, and the damage was all cosmetic and not very serious. I apologized immediately because I felt so bad for ruining this person's day- I was shaken up and forgot that this is bad practice after accidents. I knew it was absolutely my fault. We exchanged info, agreed it was too minor to call the police, and went our separate ways. It was reported to insurance and I decided to pay out-of-pocket instead of filing a claim. The driver had the vehicle repaired, and everyone in the vehicle was checked out by a doctor for good measure, then I received the final bill and payed it. The claim is now closed, and as far as I know this means I no longer have to worry about further financial compensation in connection with the accident.

Now that the matter is settled legally, I would really like to reach out just to tell this woman how deeply sorry I am for putting her through this. I know that if the roles were reversed, it would mean a lot to me, and it just feels like the right thing to do. The only reason I haven't is because I don't know if this would somehow render the claim reopened, or lead to anything else I am unaware of.

&#x200B;

Answer: Better off to just leave it, let them forget about. I don't think anything would come off it, but best to just leave it as is.


Title: "Friend" won't return my laptop charger

Question:
Blocked him for now on fb and text

Begged me for charger and I helped him. Laptop charger, in return he gave me his shtty laptop charger that isn't adjustable like mine. HisOnly works with one laptop

I asked mine back and says he sold both laptop and charger. Not sure if lying

This kid was suppose to be my friend but Fk hate people that use me and just turn their back any sec.

I threatened him and he said he's gonna call
Cops on me. Not sure if

Should I call the cops and see if they can get my charger back

It really isn't about the charger it's that he was someone I Thought a friend, and the fact he may be lying of selling it.

Answer:
 You may sue him in small claims court for the value of the charger.  The police will not handle it.  This is civil, not criminal.

Please do not threaten him.  THAT could be considered criminal depending on what was said.


Title: [Atlanta GA] Coworker trying to get me to buy something I didn't order

Question: My coworker who is Hispanic and is very poor at speaking English also sells perfume and cologne as a side job. He brought a catalog to work one day and was showing it to everyone. I walked up and said "Hey Mario, I love that Dolce&Gabanna cologne. It's my favorite!" the next day he brought the cologne to work and is demanding $115 saying that I ordered it. All I did was comment on how much I like that Cologne and I keep telling him that I didn't order it and he keeps saying I did. Is there any legal action he can take against me? I didn't sign anything nor did I pay him.

Answer:
 Holy shit. An actual "unordered merchandise" situation. I can't believe I'm actually seeing it in this sub.

You don't have any obligation to pay him. Sure he can try to sue you, but he won't win. Answer #2: The worst that can happen is that he'll sue you in small claims court. He'll almost certainly lose as long as you show up.

Management and HR departments generally frown upon people using their office to push a side business. I'm guessing they'll put a stop to it if you push the issue.


Title: CA -- Required to make up any work missed while out sick or on PTO, also we technically are recording people whom we call without their knowledge and consent.

Question:
So here's the deal.  I'm not gonna expound specifically on where I work and what company I work for other than to say that I work in sales at a company somewhere in California.

As part of our daily quota, we are required to make a certain amount of phone calls and send a certain amount of emails per day (Monday-Friday), holidays excluded.

I learned recently that, if we miss any amount of work due to illness or PTO, we still have to make up whatever daily quota we missed on the day(s) that we were out.

A few weeks ago, I wasn't feeling well and went home sick (with my boss's full knowledge/consent and also logging my sick hours online, same service we use for logging PTO hours), and I found out upon returning the next day that I needed to make up, before the end of the month, the phone calls and emails I missed on the day I went home early sick.  I found out the same thing was happening to a few of my coworkers who'd either been out sick or even on their PTO after I spoke to them about it.  Is this legal?  I was under the impression that it's not, but I could be wrong.

Secondly, we use a program called Outreach to make our daily phone calls.  For those who are not familiar with Outreach, long story short, you click a link to a phone number you wish to call and it syncs up with your phone and begins dialing it for you.

There is an option to record your calls if you like.  To be clear, my boss has NOT specifically said we are required to record our phone calls.  HOWEVER, we play some of them every week during our weekly team meetings to practice what each of us could've done better.  So i was kinda under the impression that I should record them.

But something just dawned on me....aren't I/we technically supposed to tell the people whom we call that they're being recorded and to get their knowledge and consent?  Because my boss has never instructed us to do so.

I didn't feel comfortable approaching my boss about these issues as I don't wanna risk being somehow fired or pushed out of the company if they realize I've blown their cover if they know what they're doing may be illegal.

Or I guess there's a chance that maybe both of these things are perfectly legal, and I just need to decide whether I'm ok with these things or not.

So anyways, any advice that you guys can give me on this, I'd really appreciate it.  I opened up a reddit account just to post these questions here because they've both been thorns in my side for the past few weeks.

Answer:
 Obligatory 'not a lawyer':

In the case of recording communications, California is a 'two-party consent' state; both parties to a communication must be aware and agree that the call will be recorded.  So, if you're not doing something to inform the caller that they may be recorded, it's entirely illegal to proceed with recording.

To the best of my knowledge, it is not legal to take take 'retaliatory action' (such as enacting disciplinary measures or requiring an employee to work on their normal day off) simply because the employee took sick leave.  An employer *can*, however, schedule extra hours or require weekend work to finish an assignment that was not completed.  It's a fine line, though: contact a labor attorney to be certain of your options and rights.


Title: Amazon Sold Me A Used Gift Card, Is it legal?

Question:
My grandparents bought an Amazon Gift Card for me as a Christmas Present. However on attempt of activation, the card said it was already used by an "Adriana". I went to amazon support, and they repeated that the card had already been refunded, by "Adriana". I have no idea who this Adriana is, or what do as Amazon support has been useless. I am wondering is it legal for a company to sell a used gift card, and what you recommend for me to do.
EDIT: My grandparents who purchased the gift card live in Washington State.
EDIT 2: Thanks Every one for the help I have gotten a full refund now, thanks for all of the suggestions.

Answer:
 Try asking for the next tier of customer service, the main line at Amazon is kind of incompetent lately.

Failing that, you can try emailing jeff@amazon.com (Bezos has an assistant who checks it), or ecr@amazon.com (executive customer relations).Answer #2: OP was the card purchased FROM Amazon, FOR Amazon, or both?

Secondly, was the card REDEEMED by Adriana, as in items were purchased with the card and sent somewhere? Or was it REFUNDED by Adriana, as in the value of the card was refunded to the account that originally purchased it?
Answer #3: Had the same thing happen, my son's grandmother sent him a gift card for his b-day and when we got it it was already used.  She contacted Amazon and they gave her a refund.


Title: [Massachusetts, USA] Re-entry permit on Trump's presidency

Question:
I am a permanent resident of the United States since 2014 but now I got a good offer to study on the Dominican Republic and I'm planning to study there for 4 years. I talked to some lawyers about this and they told me to apply for a re-entry permit for 2 years and then apply again when the 2 years are over for another 2 years. That way I can finish my studies on the Dominican Republic without loosing my green card. But now that Donald Trump won I am afraid of loosing my residency.

I already applied for the first 2 years' re-entry permit.

EDIT: Here is a link to the application that my lawyer told me to fill. https://www.uscis.gov/i-131

Answer: Nobody knows what's going to change yet.


Title: Scammed, or am I the one actual real case

Question: I met a girl on a free dating website, her profile said she was 19 years old. She wants to text me so I give her my number and we start texting. She, very early in the morning, made a few sexual advances at me via text and I said a couple things back. She sent me a nude picture, with one breast visible. Later, I got a call from the police department in the county she's supposedly from and the detective says that he represents the crimes against children unit and wants to speak to me about my correspondents with this girl. I call him back, try and tell him I won't say anything without an attorney. He says I am not being recorded and he lays out that the girl is a minor and that they found her texts because she was using her mothers computer for the dating site and it crashed her computer and since her mother was also on the police force or detective or something, that they investigated and found her profile and took her phone and found our messages. The detective said that the mother wanted me arrested but the father was maybe willing to work things out with me if I would allow him to call me and talk to me and work it out. He calls me and says he doesn't want to ruin my life and stuff (it was very fuzzy and I could hardly hear him). I call the detective back and he agrees to be moderator and calls the dad who agrees to not file charges if I pay them the 1200$ for the replacement of the laptop. I know, it has all the signs of a scam. But when I google searched the first number I was called from by the detective, it is an actual police department in Utah. I talked to a dispatcher and asked for that detective; they said he was probably out for the day but that was confirmation to me that the name he gave me was correct. I went on to pay some money now and agreed to pay the rest later to keep them from filing charges. I feel dumb after reading all the posts about this stuff but surely there is a way for me to know for sure? I took a screenshot of her profile that shows it says she is 19 and obviously ceased communication with her immediately upon hearing from the detective. The detective called me from a different number after that; the first call was from the actual police department number but when I call his number back, it goes to voicemail saying he is that detective. Are they getting this creative and elaborate now?

Answer:
 Not knowing how number spoofing works and that anybody can claim to be a certain detective is bad enough... but then you say that after being convinced that you got a call from an actual police officer, you  did not wait to hear back from them and went forward with this scam?

All you had to do was to call the police officer at the station until they were there.

Sorry that you learned your lesson the hard way - your money is gone.

Please review this thread so you can recognize the most common scams the next time you are targeted.

https://www.reddit.com/r/Scams/comments/bgpe8d/rscams_common_scam_master_post/

This is the section that describes the scam you fell for:

>The underage girl scam

>You're on a dating site or app and you get contacted by a cute girl. She wants to start sexting and trading nudes. Eventually she stops communicating and you get a call from a pissed off guy claiming to be the girl's father, or a police officer, or a private investigator, or something else along those lines. Turns out the girl you were sexting is underage, and her parents want some money for various reasons, such as to pay for a new phone, to pay for therapy, etc. There is, of course, no girl. You were communicating with a scammer.

>What to do if you are a victim of this scam: Stop picking up the phone when the scammers call. Do not pay them, or they will be after you for more money.Answer #2: I only read the first sentence.

It's a scam.


Title: Apartment Building claiming they aren't responsible for damages to secure parking (Ottawa, Ontario, Canada)

Question:
Hey everyone,

A notice went out to all residents in my apartment complex that the building (and owner) are not responsible for damages to vehicles regardless of the cause. Recently, someone (unknown whether it is a resident or not) smashed the window of the vehicle next to mine in the parking garage and stole some valuables. The parking garage is underground, and only residents can access it with their building key.

My question is this: is the corporation that owns the building really not responsible for damages that incur on their property? They claim that even if it is something such as dripping water from their pipes (an example listed on the notice sent) they are not responsible for the damage.

Answer: Why would they be responsible for the acts of random criminals?


Title: [NY] is it illegal to not pay an employee if they fail to punch in on a time clock?

Question:
This is in NY, NYC specifically. For the past few years, a manager has collected digital and physical time punches to combine them for payroll. So, if you forgot to digitally check in, you'd write your arrival time in a book. It could easily be confirmed with other sign in sheets and other staff.

A new manager has made it known that she will only be using the digital time clock and failure to punch in and out will result in non payment of the shift.

I already believe this is illegal. If someone fails to punch out and back in for their break, but punch in and out for the day, I'm sure they'd want you to not get paid for that hour.

I'm pretty sure she's just trying to make employee use of the digital clock more diligent, because it's less work for her. But I'm fairly sure she'd still need to pay people for working and at most she could write someone up.

Where would I find the law behind this? Thanks.

Answer:
 Your employer needs to pay you for the time you work, yes.  However, they don't have to pay you whatever you demand.  In other words, if you can't prove you were working, they don't have to cut you a check.  Additionally, they can fire you for failure to follow rules.

Just punch it appropriately.  It's way, way easier than trying to deal with some follow-on wage claim.


Title: Hello. Need MAJOR guidance on how to handle my husband's arrest after he choked his step-father in their house. Order of Protection, Mental Illness, and low income involved.

Question:
Hi all.

My husband had recently gone to his parent's for a visit and during that time his step-father (who beat them as children which is reason behind my husband's anger and rage twds this man) had kind of puffed his chest up at my husband while arguing over something emotional and it triggered my husband (brain cancer survivor but left with the aftermath of a right frontal lobe TBI, brain damage, ptsd, in therapy and on meds) who then pushed him away from him but continued to beat on the step-father. The mother called the cops and my husband was arrested. He spent the night in jail and the next day the judge gave him supervised release due to the severity of restricting the air flow of his step-father (that is not true but I guess irrelevant at this point). So now we have a hearing in 2 wks which the assigned P.O said will most likely be adjourned because they will want more reports back from the P.O to make sure my husband is conducting himself like a normal human being. The P.O will be obtaining files from my husband's psychiatrist and psychologist and the psychiatrist recommended we tell our atty that we want the case switched to mental health court because it will change the whole dynamic of our case.

My husband is 39 with NO records, he has never even gotten a speeding ticket. This was an absolutely isolated, situational thing. We have a beautiful home, he is quiet, liked by everyone - except this man and now he got him where he wants him and it has given me a world of bullshit to deal with. My husband is NOT mentally sound, he cannot control certain things unfortunately after the tumor was removed along with a huge chunk of his brain! The state recognizes him as permanently disabled. The father knows this and yet they still treated him like a criminal and not mentally ill. The cops said he was nothing but a gentleman while in custody, which is the truth about my husband.

I am the caretaker and I now have all of this on my plate and have never had to deal with anything like this. Now we have people intruding on our personal space and we need to check in with people. I am disgusted, upset and just want to handle this all accordingly and be done with it. I have been a legal assistant for 16 yrs but never in criminal/civil court so I don't know anything and am here to find out if I even need a lawyer for all of this. I feel like our case is pretty self explanatory, the parents are not pursuing anything further. We are NEVER at their house, this was so random for him to even be there too. I feel like all we need to do is finish with probation, the courts will see his records from the therapists, we make sure to make all court dates.. so what else is there for us to really do? And what is with the mental health court? I never heard of this.

We are in Suffolk County, New York. Any help would be greatly appreciated and if I left anything out please ask and I will fill in the gaps. Thank you so much.

Answer:
 Seems like it's going pretty normally for these kinds of cases.

You absolutely need a lawyer, no questions about it.