Title: Daughter's ex spreading lies through "fiction" - anything that can be done?

Question:
Ohio here.  My daughter got out of a relationship over a year and a half ago.  The relationship did not end well, and neither my daughter nor her ex behaved well during its course.

Recently a friend let us know that the ex had been posting "stories" online on various sites about an abusive relationship - posting them as fiction but "based on a real life situation".

The thing is, these stories are highly graphic and disturbing, far from the truth but containing just enough real information (real first names, some real events that did happen, descriptions of us, etc) to know that it's basically a vilification of our family.

Because these are being posted as "fiction", is there any sort of recourse?

Answer:
 > is there any sort of recourse?

Probably not*. [Here's an overview](http://www.dmlp.org/legal-guide/ohio-defamation-law) of defamation laws in your state.

... * So the asterisk: speak with an attorney. They'll probably say that there isn't a case here. But they also may write him a strongly-worded cease-and-desist letter and that might get him to stop.


Title: Pennsylvania. Im I legaly bound to join a union?

Question:
I reciently took a job where I was told I would have to join the union after a probationary period. I see zero benefit and have been told I would be fired if I didn't join. Anyone have some insight or advice?
Thanks!

Answer:
 You could always go work somewhere else. There is no law in PA that allows you to not join a union.

Zero benefit? That union bargained for your pay and benefits and work conditions via union dues. Also, you have a means to challenge something that is against the rules via the grievance process and you can only be terminated for just cause.

If you read r/legaladvice at all you would see the value of just cause and the ability to challenge things that are against what you are told (via your contract in your case).


Title: [WA] Do I really owe money on behalf of a former owner of a house I bought?

Question:
I've been a subscriber to /r/legaladvice for years and never thought I'd have to post about something this frustrating.

I recently purchased a home in the town where I work. I'm active duty Navy and don't plan to be here for more than a few years, but rent prices are ridiculous, from what I've seen over the past year the housing market is appreciating, and I figured I'd buy somewhere now then use it as a rental property down the road or just sell it. I bought a small, two-bedroom house close to the base that was recently remodeled. The seller of the property is an LLC that gutted the inside and updated it. It was a pretty quick sell, everything went smoothly, and I've been moved in for about six weeks.

I just got a notice to the current resident in the mail from the city I live in regarding money owed on behalf of the property. From what my neighbors have told me and what the documents confirmed, the former owner of the house (before it was purchased by the LLC) died a couple years ago and his meth-head girlfriend and her son took over the property and it got in really bad shape. There was no water or power and the yard was full of garbage. At some point the house was foreclosed on and at some other point while it was still being occupied, the city came and removed a bunch of trash and charged the dead guy or his estate for it, as well as fined him for the condition of the place which was in violation of about a dozen city laws. Obviously these people were terrible and the city and contractors they hired were never paid.

I just got this notice in the mail telling me that the current resident owes the city around $4 grand for all the above. These services and charges all initially occurred in 2016 and I closed on the house the last day of September this year. A court date is a set for a weekday in December but I work about 60 hours a week on a light week and I do not have time to deal with this. What do I need to do? Do I really owe this money? I never would have bought this stupid house if I'd imagined something like this coming my way. Do I need a lawyer? My plan at this point is to call my mortgage company first thing Monday morning and ask if they're familiar with anything similar. It's a VA loan and I've made one payment so far. Any advice would be appreciated!

Answer:
 Call the title company and your mortgage company, but it *is* possible you will have to pay the bill and sue for the former owner. Answer #2: If you got title insurance, then this is the kind of thing that would be covered under their services. But be careful; there are two levels of title insurance; one that covers only the mortgage company; and one that covers you. The cost difference between the two are minimal; so most people get full protection instead of the minimum. But you want to check your closing documents to be sure.

The VA loan part shouldn’t have any impact (positive or negative) on the resolution. Answer #3: Did you not have a real estate agent?  We did, and part of the whole process was contacting utility companies to ensure there were no debts owed.


Title: What is the difference between software licensed for personal vs business use?

Question:
The software I’m looking at is double the price for the business version ($120), which has the same features as the full personal version ($60).

I would be using the software for professional use, but only on one computer. What advantage is there to buying the business version?

Answer:
 >What advantage is there to buying the business version?

The business version grants you the license to use it for professional use.


Title: [PA] Formally separated from wife. Does an inheritance while married get split between parties?

Question:
So, my wife and I are headed to divorce.  Last year (before we were separated), my wife received a 25k inheritance and deposited it in her personal bank account (not joint).  I never saw any of this money.

Although now that we are separated, the IRS is asking me to pay taxes on her inheritance.  Does that mean I can claim half of that $$ as well?  She is certainly claiming half of my retirement funds accumulated during marriage.  Does that also apply to inheritances?  Thanks very much in advance....

Answer: It seems odd to me that the IRS is asking you to pay taxes on the inheritance. Did they give any explanation of why? Are you both filing separately? Are they asking you to pay taxes on ALL of the inheritance, or on half of it? Have you already said "I think it's hers, not mine" and they said "No, you are responsible" or is it possible that they simply guessed wrong about who is the owner of the inheritance?


Title: [ID] Mirabelle plums

Question:
I've seen conflicting info about the illegality of Mirabelles, hopefully you guys can give a bit of clarity.

Last year, we found a groove of odd fruit trees on our land, and after some research and consultation with an AG prof, determined they are Mirabelle Plums. We made some jam, and it was amazingly delicious.

This year, we are hoping to capture the whole yield, which will produce a vast quantity of jam, which we were thinking about selling at a farmers market.

But, it seems Mirabelles are illegal.

Most of what I have been able to find suggests that it's only illegal to import them, but some suggests they are illegal to even possess (trees and fruit). I can't imagine it would be taken as seriously as cannabis or such, but I'd rather not be on the pointy end of some dumb law.

Any insight?

Thanks.

Answer: Mirabelle de Lorraine plums are illegal to import from Europe or the UK. However, the federal ban doesn't say anything about home grown ones.


Title: [UPDATE]: NC Landlord implied that he expects us to pay rent after our lease is up and we have moved out.

Question:
[original post here](https://www.reddit.com/r/legaladvice/comments/4mqzg5/nc_landlord_implied_that_he_expects_us_to_pay/)

After politely arguing with him and trying to get a straight answer about why he expects this, he basically said that I was being a smart ass and that our lease auto-renewed.

It's not possible that it auto renewed because we gave him notice as required by the lease and that from this point onward our lawyer would handle any of his concerns.

After reading my husband's emails to the landlord, I'm worried that he'll be able to argue that we never gave him official notice. Is there any way we can argue that he obviously accepted notice because he began showing the property soon after?

Edit: Husband is going to speak with the legal service provided by his work. If they feel nothing can be done, I've asked him to apologize for my behavior, and see what it takes to break the lease if the landlord is willing.

Answer:
 Do you have proof of notice?Answer #2: > it helps a lot now that I know when - hope this is for sure this time.

This was in your original post. After reading your edit and this update and your comments below, it seems like you never explicitly told him you were not renewing.


Title: My Ex is soon to re-marry and wants to change my sons name to the new partners, I feel helpless.

Question:
Throw away account here, I'm feeling a little lost. I'm in the UK.

2 years ago, me and my ex broke up.It wasn't very clean and there was a lot of residual emotions surrounding us for months after.

We broke up when she was 5 months pregnant with my child. My name is on his birth certificate but she wanted him to have her surname, to not confuse issues with school later down the line.
Shortly after we broke up, she met a guy and fell hard for him. They are getting married in the summer next year.

Recently, she has contacted me and told me that she wants my son to take on her partners surname, so that they all are all the same.

&nbsp;

I can't help but feel extremely offended by this question. Because of our break up, I was not allowed at the birth, wasn't allowed any input on my child's name, visitation is quite limited. I feel this is the final nail in the coffin as far as insults go, she expects me to be OK with this decision and doesn't see why it's a problem. She can't see how damaging it is to me, giving the child my surname was out of the question, but she thinks i should accept that her changing it to another man's is perfectly fine.
It probably sounds quite petty, but this child is my world. I look forward to the times we can spend together and am currently trying to increase the amount of visitation I have. It feels like I'm being forgotten about and pushed aside. Am I wrong to feel this way? Should I be OK with it?

Answer:
 Not a lawyer etc. but possibly good news if google is correct. In the UK a parent cannot change without the other's permission should the both have rights to the offspring, even in the event of remarriage.

This seems to summarize what I see from many site:

http://www.ukdp.co.uk/child-name-change-court-order/

Answer #2: >*Because of our break up*, I was not allowed at the birth, wasn't allowed any input on my child's name, visitation is quite limited.

This is the part that is unclear. What is the legal situation, because it doesn't make sense that you have limited visitation and no decision making powers "because of the breakup." It seems more likely you chose/accepted that. Depending on what you agreed to (or imposed based on omitted details) there might not be much you can do.

Better understanding your legal rights and obligations with regard to the child is going to be critical. Answer #3: lol at this post turning total /r/relationships bashing the mother of the kid when we have zero info on what is really happning in their lives


Title: CA Landlord sending an itemize list and deposit deductions 30 days after move out.

Question:
Hello Legal Advice,

I vacated my apartment on 10/31/2017.  When we emailed about receiving our deposit I received a reply saying I would receive an itemize list of deductions within 30 days.  Per CA law I'm supposed to receive that within 21 days.

Yesterday (11/29/2017) I sent a demand letter to my landlord by mail and a PDF of the demand letter.  He informed me he'd be sending the itemized list of deductions today (11/30/2017), along with the remainder of our deposit.

Since it has been past 21 days after we vacated and I sent the demand letter for my full deposit, isn't he required to return my deposit in full?

We don't know deductions yet but he said that he deducted the carpet and oven cleaning...

Thanks!

Answer:
 > What if the landlord doesn't provide a full refund, or a statement of deductions and a refund of amounts not deducted, by the end of the 21-day period as required by law? According to a California Supreme Court decision, the landlord loses the right to keep any of the security deposit and must return the entire deposit to you.

http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml

first hit on Google.


Title: My Life is being controlled by an organization, Please help! (NL)

Question: [deleted]

Answer: Before you will get any sort of legal help.  You need to go and get cleared by a mental health professional.  That way, when you reach out for help you will have proof that you are not being paranoid.


Title: CA - Apartment caught in Ventura fire. Any regulated rentals insurance coverages that would apply to my situation?

Question: I got lucky. My apartment building did not catch fire, and apart from the smoke and the ash in my apartment, my stuff is fine. Unfortunately the buildings next to mine caught fire and the whole complex is a huge mess right now. I don't know when electricity will be back on, or if I will be able to reinhabit my apartment any time soon. This being california, I am also paying out the ass for rent. I have rentals insurance, so would it apply to my situation if I wanted to get reimbursed for the money I spent on rent while not being able to use my apartment? Could I claim lost/damaged items if my couches/clothes/bed are ruined by smoke?

Answer: I don't mean to be overly snarky here, but it would depend on what *your* renter's insurance policy covers.


Title: [MI] Can the police confiscate your car subwoofers/stereo?

Question: <Removed>

Answer:
 >I'm considerate with my system and don't bother people, I'm just wondering.

If other people can hear your system, then you are bothering them.

If you are using your system to commit a crime it can be confiscated.


Title: My sister disappeared in Colorado...

Question:
I have no idea if this is the right forum to post this, but here goes.
My sister is almost 30 and until very recently lived at my parents house with her son, the product of a one night stand. My nephew who is 8 (almost 9) is a great kid, but a little unruly. My sister is very strict and sometimes he rebels. My grandparents have a good rapport with him, as do my wife and I but my sister can't ever get him to listen and do what he's supposed to, but I won't go too deep into the reasons because they're probably all conjecture.

Anyway, since she can't get my nephew to behave she took the extraordinary step of sitting on him as a form of punishment. My parents disagreed with this approach and my dad got into a verbal argument with her.
She e-mailed my mom the next day and said my nephew would not be taking the bus home that day... and that's the last contact we've had with her for about two weeks.
No one knows where my nephew or my sister are, or who they're staying with. It's doubtful she would be able to afford a new place.

My sister's boyfriend is in another state going to school and I think even though my sister and he aren't married that he's legally adopted my nephew. (My nephew calls him dad...) My sister is so secretive with her plans that no one knows for certain.

Anyway, this is taking a huge toll on my parents. They love my nephew and have pretty much raised him. My sister will frequently go away with her boyfriend (3 since my nephew's been born, not that I'm judging) and leave my parents to care for him. They are very close and we all firmly believe that he would call my parents if he were allowed to.

My parents plan to call my nephew's school to see if he's still enrolled... and if I were them I'd see if they were still on the approved list and pull him out of school early and take him home. They're worried that they could be accused of kidnapping, and maybe that is a drastic step after all.

Anyway, in Colorado it seems like grandparents don't have many rights, but can anyone suggest a possible course of action? Technically both my parents witnessed my nephew being abused... Can we have her involuntarily committed to a mental hospital? (Only partly joking.)

We're all scared for my nephew and my sister.

Answer:
 >They're worried that they could be accused of kidnapping,

Yes, this could be kidnapping.

They can report the abuse, but they cannot just take the child away from her or prevent her from leaving with him.


Title: Did my upstairs neighbor threaten my wife?

Question: Our upstairs neighbor has a habit for walking around in boots or heels at 2 in the morning. She is LOUD and generally wakes us up through earplugs and a noise machine. We've spoken with her politely, we've asked the management for help (to no avail). In order to get some sleep my wife and some friends moved our bedroom furniture into the living room yesterday. Last night she was jumping up and down over our new bedroom, actually jumping at 2 am. To make matters worse, at some point around 2 she left and yelled "Bitch" through our new bedroom window. A little while later she yelled "Silence Killed". This is the part that worries me. I feel like yelling "Silence Killed" through a window at 2 in the morning is VERY aggressive and could be considered a threat. I'm out of town right now, maybe I would feel differently if I weren't. But honestly, I'm starting to fear for my wife's safety. Is this something our local police (Berkeley, CA) might consider a threat? Or am I just overreacting?

Answer: Don't noise ordinances apply to apartments as well? Call the police and ask. After ten PM **(or what it is in your area)** I'd think she'd have to STFU or get a ticket.


Title: Psychiatrist ignored our concerns and doubled the dosage on medication that was causing suicidal thoughts... [California]

Question:
My 15 year old daughter is bi-polar and was recently prescribed Prozac after admitting that she had considered suicide. After a month of monitoring her depression/mania on the medication we informed her psychiatrist that her symptoms were getting worse and that the suicidal thoughts were increasing. His solution was to brush us off, ignore our concerns and double the dosage.

4 days later she attempted suicide and was committed to mental health facility after being hospitalized for 3 days.

Is there any legal action we can take against him? Or would reporting him the medical board be a better solution? We don't care about money or any sort of personal gain. We just want to make sure this doesn't happen to anyone else.

Answer:
 > Is there any legal action we can take against him?

You can talk to a personal injury attorney about a medical malpractice suit.  Medical malpractice is a difficult hill to climb; in short, you need to prove that his treatment was outside of the bounds of appropriate treatment for the condition.  This is a greater standard than simply being wrong.

You can try to report him to the medical board; but again, you have to prove that he did something wrong, not just that his treatment turned out not to work.


Title: How do I quit a government contract job with secret clearance 5 days after starting it?

Question:
I already have a backup job lined up that I'm excited about, but I wanted to go ahead and give this government contract job a chance, since I've already been waiting 4 months for an interim secret clearance to come through.

Tomorrow's my 5th day and I still don't even have access to a computer to do my job. I got access to the time clock on the 4th afternoon. I have a pass to get around the campus and into the building.

I don't think I've had access to anything even private, let alone secure or confidential or classified or secret or anything. I've mostly just been sitting here at my desk for 32 hours reading papers about how to set up signatures on Outlook and things like that.

A special agent called me today to set up an interview about the secret clearance investigation. I don't want to do that. At all.

I've decided already that I don't want to sit in this cubicle 9 hours per day and that the other job is much more interesting and exciting to me.

I just want out of this.

The thing is, I have no idea how to get out of this job without looking like a spy. I need to get rid of this pass card, this parking pass, and this clearance investigation. There is no documentation about how to do that. I'm very nonconfrontational and I really don't like talking to people. I'd like to just send an email saying "I accepted another job, thanks for the opportunity though," and drop the credentials off at the guard station on the way out. But I know it's going to be much more painful than that.

Does anyone hear know the proper way to do this?

Edit: Update. It was painless. What I did was I signed out for lunch and left, then sent an email to HR asking what to do with my badge and parking pass. HR had me return those and sign the debriefing paper and that was it.

Answer: You turn in your resignation and quit like any other job. This is not a big deal. Nothing to worry about.Answer #2: You should probably talk to HR.


Title: My dog lunged at a Wag! dog walker and she lost a tooth

Question:
Hello,

I’m from California. I used the app Wag to walk my dog. They sent a dog walker to my house. 10 minutes later the dog walker came back saying she was adjusting my dog’s harness when my dog got startled and lunged towards her causing her tooth to fall off.
She made her Mom call 911 so cops and EMT to my house . The cop told me I’m not in trouble since my dog didn’t bite her. The EMT inspected her and said there was no bite, only her tooth came off.
Question is, if she sues me for medical bills, would she have a strong case? She works for the company Wag which is a dog walking service. I didn’t hire her but I requested a walker though the app. Are they insured by a Wag? Would Wag cover her expenses or would I cover her expenses? I talked to Wag and they said they have to review the case first.
Also the cops and another dog walker  told me that going into that line of work, they signed a contract knowing the risks of walking a stranger’s dog.
I know I’m not in trouble with the law but I’m scared she will sue me. People love to sue.
Also I’ve used Wag 4x before her and the walkers had no issue with my dog. They left my dog review and no incident have occurred. But of course dogs are dogs and anything can happen.

Edit: location

Edit: The dog walker lost a tooth, not my dog. Title isn’t clear.

Answer: I don’t think you should be liable since no biting was involved, unless it can be shown that you were negligent. Doesn’t mean you won’t get sued and I have no idea if Wag will cover it. They probably should from a business standpoint but who knows.


Title: [Virginia] Driving School For Seat Belt Ticket

Question: I recently received a ticket for not wearing my seatbelt. A few weeks after this I received a letter from the DMV saying that I am required to attend and complete a driver's education course for $100. Is there any justification for this? Is it not enough that I already paid my ticket off? I am 19 years old with no previous driving infractions. Can I fight this?

Answer:
 Driving is not a right, it's a privilege.

Therefore, the state can attach any conditions it wants to onto allowing you to drive, including taking this class.

This is a civil action which is separate from the criminal charge you took care of regarding the ticket.


Title: Is it possible to have a “marriage” contract between two people that isn’t recognized as a legal marriage?

Question:
Hey everyone I’m sorry if the title is confusing but my boyfriend and I have been discussing marriage lately and we’ve decided we want to be married.

We’ve been together a few years now and are both of legal age with steady jobs that we’ve been at for a few years. However I’m wondering if there’s a way to create a marriage contract of sorts that’s different from going down to the court house and getting a license and certificate and doesn’t involve sharing taxes and other things like that. I know we have the option of just a religious ceremony but I’m just curious if it’s possible to have a contract to go along with that?

Answer:
 So you want to be married without being married.

Interesting.

Let's drill down a bit. What are you actually trying to accomplish, in detail and with specificity?Answer #2: You don't have to "share taxes" if you're married.  Answer #3: If you want to get married, just get married. You're never going to be able to contract exactly how a marriage is going to go. Get a prenup if you want extra protection. You can file separately for your taxes. Answer #4: I mean, yes, you can draw up some sort of contract for the two of you to sign with specific obligations. Have it notarized if it pleases you. You can call it your "marriage contract" and continue living, legally identified as two cohabitating individuals.

You seem to be under the impression that getting married means combining all of your finances, taxes, etc - owning half of each other's lives. While the law generally makes these provisions common, they're by no means REQUIRED. You can do everything entirely separately while married if you wish.Answer #5: Marriage generally implies a certain set of legal protections and rights, shared assets, and decision making rights. For example, a spouse is presumptive as an estate beneficiary if the partner dies without a will and there are no children.

You can be married and still have completely separate finances. Wills and trusts, estates, and powers of attorney exist to allow someone broadened options.

What is your key concern for not being married?


Title: [PA] Fired after a physical, am I entitled to the results?

Question:
Took a contract position at a hospital IT department and worked there for a year. After my year was up they offered me a full-time position and I accepted.

I was then required to take a exhaustive set of tests and blood work for my position. And about a week after the test I was informed they where terminating me due to departmental changes.

I don't do drugs or drink so I know I didn't fail a drug test but part of me thinks they found something during my check up. Am I entitled to results of their tests on me?

Answer:
 I had something similar happen to me. Flunked a physical to get insurance. Precise reasons were not disclosed but test results would be sent to physician of my choosing.

Turns out blood work indicated I had inherited markers for various diseases that made me a bad risk for insurance.


Title: [California] Grandma Wants to Sell Us Her $130K House for $40K - How Do I Not Get Sued?

Question:
Backstory: Girlfriend's Grandma wants to sell us her house for $40K, she is approximately in her late 60's-70's. She is of current sane mind (goes to church, drives, cooks, lives by her self and takes care of grand kids regularly) and is getting her ducks in a row before passing.  She knows she's going to pass on eventually, and wants us to own the house as she knows if it goes to anyone else, they'll trash the house and it'll get sold.  Her children(4 kids total) don't talk to her much with the exception of my girlfriends mother.  What's most important to her is the house not be sold or ruined, and it stay in the family.

I have established that if anything occurs within our relationship, I own no ownership in the home - any money I have vested in the home will be reimbursed.  Now what I'm trying to prevent is a potential lawsuit by the Aunts and Uncles once she passes.  She wants to sell us the house now, and she will live in the home for as long as she wishes.  What actions can be taken?  Also what can be done to prevent tax reassessment of the property?

Answer: It depends on what state you're in, but since you're buying the house from a relative and it's presumably not on the open market, the sale wouldn't be considered "arm's length" and your Assessor wouldn't likely use that sale to determine a correct market value.


Title: I have a warrant but I moved. Can I get a license in the state I live in now?

Question: So I got an underage drinking ticket last year, went to court and agreed to a payment plan, however in an effort to get my life together I moved across the country to start school again. Long story short I couldn't afford to make my payments on my ticket. I just recently looked up my citation # on the county's website and apparently I missed a second court date they set after I missed 2 payments. But now the amount I owe is only $185 instead of $250 and I'm unsure why.. It also says there is a warrant for my arrest. I'm back on my feet and able to pay my ticket, but now I need to renew my license because I'm turning 21 this month. Will I be able to get an Arizona license? I'm so afraid I'm going to get arrested and that's the last thing I need now that everything is going well again... Thanks in advance to anyone who has any info or advice!

Answer: I don't know about the license but you should really give the court a call and see if you can straighten out the previous ticket because that might bite you in the ass later.


Title: Can Companies Screen for Marijuana in States Where it is Legal?

Question: With marijuana becoming legalized in more and more states, what impact does that have on employer drug screens? For example, if an employee in California tests positive for marijuana, is it still legal for them to be terminated for it?

Answer:
 Yes.

They can also screen for other legal drugs, such as alcohol.


Title: Person A has a restraining order against Person B. Person B is attending an event and Person A decides to go. Is Person B now not allowed to attend the event?

Question:
Location: Australia

I am hosting a event for my local gaming community. One attendee has contacted me asking to tell another attendee that they will not be allowed to attend due to a restraining order.

Person B is a very active member of our community and I am hesitant to become involved in this dispute.

My question is: Who is, legally speaking, allowed to attend?

EDIT: Thanks for the replies! To those asking if its vindictive, I don't feel like its with malicious intent that Person A is attending the event but Person B indicated that they were attending long before Person A decided to go.

As for RO terms, I have zero idea about the terms or why it was handed out and that is fine by me.

Answer:
 Legally speaking, B can't come if A will be there. The burden will be on B to leave as soon as they see A in the room. It A doing this to be vindictive? If so, tell A they are not permitted to come to your event and you will ask them to leave if you see them. If they are both legitimately members of the community though, let them sort it out. Answer #2: You need to let Person B know that Person A is attending, but indicated that he would be attending after Person B indicated an intent to attend.  Let them work out their conflict & interpret their restraining order without you.Answer #3: that is up for the court to decide in their wording of the order. don't get involved. Answer #4: Why isn't the law worded in a way that doesn't allow person A to fuck B over?

"Yea I have a sudden interest in all of your hobbies.... Oh yea I couldn't make it to the con sorry"Answer #5: Tell A that they are not welcome at your party. You're allowed to do that.Answer #6: You are the host. Tell Person A he/she is not allowed to come to your party. Or just don't get involved at all. You are not obligated too. As for your question: I don't know anything about Australia but in the U.S, person B would have to leave as soon as they realized person A was there.Answer #7: IANAL. But can't he just ban person A?


Title: Can a parent with a suspended license drive with a child holding a permit?

Question: My mother lives in Florida, and has a suspended license there. My sister has a permit in Florida, and my mother is relying on her to drive her everywhere. Is this legal? I want to know if I need to intervene.

Answer: No, the licensed driver must have a VALID LICENSE. Suspended or revoked is not a valid license.


Title: [WA] - Adult protective services wants to talk. Do my wife and I need separate attorneys?

Question:
Wife's distant relative has POA for her grandmother. The relative is money grubbing, she had assumed grandma was well off so she jumped on the opportunity to be involved with her in anyway (she really wasn't well off, her medical care had eaten her savings up). Wife and I are well off, and the money grubber wants money from somewhere.

She has accused us of taking money from grandma, to other family members and stated she was going to sue us. We haven't taken any money, I have all my tax records showing our wealth came from my business. We have spent thousands on grandma, and years of our life (I'm glad I no longer have to chop firewood for her). We are innocent, in fact I am owed quite a bit by grandma for supplies purchased to remodel her rental house. I have not been repaid for those costs. Grandma now has dementia, so in my mind I figured I wouldn't get that money back.

"Someone" filed a APS report on my wife and I. My only remote guess is MG was unable to find grounds to sue us, or unable to find an attorney to sue us, and made an APS report instead. Adult protective services called today wanting a meeting with my wife and I. My wife already has an attorney on this matter, as it has been on going for her. This is the first it has directly involved me. We are awaiting a call back from her attorney.

Should I hire my own attorney in this matter? Or is using the attorney my wife already has hired the best bet?

Answer: Talk to the attorney. If, based on facts and circumstances, the attorney thinks representation of both spouses is ethical, it should be fine to use same attorney. If there is any reason to think your interests might diverge from your wife, then you will need own attorney.


Title: [Indiana] What should an unmarried father know about his rights? Wants to be involved in unborn child's life but the mother is abusive and wants him to sign over parental rights.

Question:
They are both young and not married (recently broke up and don't live together); pregnant girl is physically and emotionally abusive to him and consistently threatens to report false assault charges to the police against him. She also threatens to not allow him to see his child. Her mother is batshit as well and harasses him.

I have advised him to see a lawyer but he is terrified of escalating the situation and the abuse. What should he be aware of that may help him decide to see a lawyer?

EDIT to emphasize that there are two different issues: one is that he wants partial custody/visitation, the other is that she threatens to call the police on him for assault based on a photo she has of bruises on herself that he did not cause. Neither I nor my friend know how feasible it is that he could be sent to jail for this.

Answer: Get a court order for visitation once the child is born. Also a paternity test wouldn't be a bad idea.


Title: How do I look up an adoption record? Paying support I shouldn't have to.

Question:
Everything on this subject seems to in the incorrect context. I am not trying to look up the adoption for contact with a person, rather get a copy of the case to prove it happened.

Some background: Had a kid very young, my ex got into a relationship quickly and due to geography and other circumstances a relationship beyond child support was never established. The child grew up being lead to believe ex's husband is her father.

Not super into kids, when the offer was made for a full adoption I jumped. My ex and her husband did all the work, I just signed. I've seen the document, I was given a copy.

I can't find the document.

Well, turns out that child support doesn't just turn off when this happens. I've been garnished for about a year for not paying after the adoption occurred. It's less than $500 and I now make good money and I guess I'm lazy, but I am finally fed up.

My ex has insisted she hasn't seen a dime of it, the case worker for the state says that it appears this money is going to her. She used to get it using a deposit card, kind of like an ATM card. Is it possible the money is going there and she is not utilizing it? Wouldn't she be getting statements of this stuff?

Anyhow, It says I owe like 5k in back support for the years I didn't pay, and I am still paying $496.00 and being threatened that I need to put health insurance on a child I couldn't even legally insure.

I've only recently taken to being an adult and this situation overwhelms me.

The birth and adoption took place in OR. Both parents are from OR. I live in CA now, my ex and the adopted child in OR.

Any help is HUGELY appreciated!

EDIT: The ex is non-cooperative, or at least, will not reply even to certified mail.

Answer: Yikes you need to get on top of this before you end up owing a ton of arrears.  Lawyer up.Answer #2: Ask ex for a new copy of the document concerning the adoption. Send it to the case worker. If nothing positive comes of this step hire a lawyer.Answer #3: Were your parental rights terminated? They should have been if the child was adopted.  I'd get an attorney to figure this out.Answer #4: Adoption records are hard to get. Sounds like you need a lawyer.


Title: Roommate burned back porch down. Need help. NY State

Question:
I am in the process of moving out of my current apartment I in with 2 other guys. I have been residing with my SO for the past month and a half and will be officially moving in with her once my lease is up, but am sill paying rent on time every month at my apartment. My one roommate lost his job, and has not paid rent since February. 2 nights ago, my landlord sent me a text, saying that my roommate somehow caught the back porch on fire, it is destroyed and needs to be fixed, along with the siding it damaged. We are not legally allowed to have a bonfire in the back yard, but for some reason.. he decided he didn't care, and was probably drunk and high. The story goes he put the fire out (or so he thought), an ember caught wind, went under the porch and eventually started a fire. He almost burned the entire house down, along with many of my own personal belongings I have yet to move. My roommate is fine and not hurt at all. I am just wondering, what will be done in this situation? I am not trying to go to court for something that is not my problem. I really do not need that on my credit report. I am really upset at my roommate and wish he could just get his act together. He is the main reason I am moving, because he is lazy and does nothing to help, even though the other roommate and I both pay for utilities and our rent. Can anyone shed light as to what might happen?
Topic:
Landlord Tenant Housing

Answer:
 Let's assume that no one pays to fix the building before the lease ends.

Your current land lord can keep your security deposit and sue ALL of the tenants for the remaining costs of the repairs. The tenants can then sue the individual that caused the damage for their share of the costs.

Unfortunately, unless I'm missing something, you are all liable for damages done to the building.Answer #2: It is your problem if you're still on the lease.

Renters insurance liability claim, assuming he has a policy.

Ianal.

edit for clarity: The liability portion of drunk firestarter's insurance would pay for the damages.  If the landlord sues them all, the liability portion of OP's policy *may* pay for defense if OP is named in the suit.  Recovery of the money paid by OP's insurance, if any, would be OP's carrier's job, who would then likely subrogate against drunk firestarter.

Whether OP's policy would respond since the negligence is clearly only on drunk firestarter's part is a matter for someone in claims to chime in on.  Answer #3: The most likely scenario if nobody ponies up to pay for it is that the landlord will sue whomever he thinks has the most money and I'm betting that's not Mr. drunk fire starter. You can sue him if you end up having to pay for it. A judgement against you will be on your credit report.

You did have renters insurance right?


Title: (MD) Ex-bf got evicted, I wasn't taken off of lease and now they're coming after us for the money.

Question:
I was living in an apartment with an abusive guy from April 2014 to March 3, 2015. I stopped living there on March 3, 2015 and I signed paperwork to be removed from the lease at the end of it (April 2015).

I got a collections notice in 2016 because the guy got evicted for not paying rent and I discovered that they didn't have my paperwork to remove me from the lease so I'd been on the lease the entire time. They sent me a copy of the agreement and I went through all of the other proceedings to verify the debt.

I got in contact with the ex-bf who said he was going to pay (fat chance) and then proceeded to ignore the notices.

Then I got another notice from a lawyer's office saying that the debt had been given to them and they re-verified the debt.

Eventually, I got a notice from a debt helper that there was a case against me (which I initially ripped up, but decided to look up instead) and when I looked it up, sure enough, a case was filed against me and the ex-bf as of October 30, 2017. I have not yet received an official document, but they have my address so I expect it'll show up this week.

The court date is in February 2018.

So I guess my question is, what's next?

My bosses have offered to cover the cost for me  and I can pay them back interest-free since they guy's not trustworthy at all.

I have some savings and so does my boyfriend and we could cover it immediately.

The ex-bf told me to let him pay it, but there's no way that's ever going to happen.

Answer:
 Do you have a copy of the document that removed you from the lease? You mention you signed the paperwork, and then they didn't have the paperwork and didn't mention it again.

I feel like you should be trying to prove you were off the lease more than anything.


Title: (PA) I was assaulted after a minor car accident, what are my rights?

Question: [deleted]

Answer:
 > Does the fact that I technically pushed her first (in what I felt was self defense) lessen my case against her?

Absolutely.  It's difficult to assault someone and then claim that they were in the wrong for assaulting you.  She would very likely have a solid claim of self defense.

Depending on the situation, that defense may not work - that's strongly dependent on the various forces used.  But in general, once you take it physical, the other person has a reasonable right to defense.  A single strike in response would generally be reasonable.

Free tip - don't start a physical fight and whine when you lose.  Yelling and screaming isn't physical force.  That's a choice you made.


Title: An attorney is threatening me to report me for unauthorized practice of law.

Question:
My name is Me
My uncle ( 70-year-old) let say his name is L
His tenant's name is F
we live in Washington DC

So the tenants F have not paid his rent. He has been subleasing his place without my uncle L permission. I decided to help my uncle by writing a letter that is signed by my uncle and send it to the tenants F tell him about changes of rent and notice of nonpayment and yadda yadda yadda. I did list my name as representing Mr. L. The tenants F decided to get an attorney to respond to our letter that we sent to F

The tenant Attorney is now emailing me  this;

 "Mr. Me, unless you contact me to clarify your capacity to "represent" Mr. L, I will have no choice but to report you to the DC Court of Appeals for an investigation of whether you are in violation of Rule 49 ("Unauthorized Practice of Law").  I look forward to your prompt response ."

Is that true? Based on Rule 49 of DC code it says that we must have client relationship. However, I am just a relative helping by writing letters. I understand that representation in "court" has to be by an attorney but we are not in court. there is no case opened yet. We are just sending letters back and forth about rent and lease stuff.  To my knowledge to represent someone through emails and rent negotiation is not the practice of law. the attorney seems like he hung up on the fact that I used the word "representing".  is that a word that can not be used except with attornies?  Please Help me with this smart lawyers.

Thank you!

Answer:
 You can absolutely help your relative pen a letter, but signing it in a way that gives the impression that you are his legal counsel turns it into an issue. The term "representing" certainly gives that impression.

I would immediately back away from the situation and clarify that you are not his attorney and did not intend to give that impression. Answer #2: The best advice has already been given: admit not attorney, apologize and back away, fast. To do anything else is moronic. Answer #3: Yeah, that sounds a lot like UPL.


Title: Unfair transfer and harrassment at work.

Question:
Hi everyone! I'd like some advice from the community on a problem I'm having, and how to resolve the issue.

I'm currently employed for a chain of gas stations that are owned by a parent oil company in the Southeastern part of Virginia. I've been employed for a little over six months. In these six months I've received a raise based on job related performance. Things have been going pretty well in the past 6 months up until the past few weeks.

Just to give a little bit of a backstory. The kitchen manager that I was working under is incredibly close friends with my mother. I was open about this when I was initially interviewed for the position. However, on Monday November the 29th I was subject to a closed door discussion by our District Manager.

The topic of discussion was based on the fact that I had fellow employees calling the corporate office complaining  that my kitchen manager was showing me favoritism based on that fact that she was my mother's friend, and that she was showing me special treatment. I tried pointing out specific situations in which the formentioned claim could have occured. Getting food for free, getting more hours than fellow employees, and not being written up when I've done something wrong. None of these circumstances occurred at any point. She was unable to point out the specifics of the complaints or who made them in the name of anonymity. She then told me that I would be transferred to another store that is 6.4 miles from my home. I had no say so in the matter, and I felt that if I said no they would have fired me on the spot.

I live in a small rural town of about 400 people. There isn't alot of opportunity to get ahead and life and your pretty much forced into financial poverty. The store that I worked at was a quarter mile from my home. It was easily within walking distance. I haven't missed a single day in the past 6 months of employment. I've come in on my days off to work, and stayed late when other employees haven't showed up. I try my hardest at work and have a high work ethic. A topic of discussion during my interview was that I had gotten a DUI, and that transportation was an Issue so the store in my home town would be ideal for work. I also discussed that my kitchen manager was my mother's friend. The point that was made clear is that it wasn't a problem. However, now out of the blue it's an issue so I was transferred.

Now to the main questions I would like to have answered regarding legal options. I'm currently one of two Caucasian employees out of about 30 that they have working at their stores. The other Caucasian employee being my previous kitchen manager. I've been subject to a high rate of both racism and discrimination in the workplace.  More on a general basis than specific instances of open racism.  How I am talked down to by fellow employees and by the store manager, and their general attitude towards me. I consider myself to be a pretty self conscious person. I tend to believe that I've done something wrong to someone when I'm being mistreated. Instead of accepting the fact that the other person is at fault.  The only specific example of being openly discriminated against was when one of my coworkers called me white boy.

I'm led to believe that the nature of the complaints that led to my transfer are on the basis of racism and discrimination more than the idea that my kitchen manager is showing me favoritism.  The week before I was transferred I reported one of my co-workers for smoking marijuana at work in front of the store in his car. I find it highly suspicious that the following week after he was fired I'm abeing transferred. I mentioned this to the district manager, and pointed out the fact that the complaints against me were in regards to the actions I took.  She said that she was unaware that I had filed the complaint.

So now to my current situation after the transfer. It's been barely been two weeks. I was forced to stay at work after my scheduled shift, which due to lack of transportation caused me to have to sit at work 2 extra hours to get a ride home. The other day I left my work apron and name tag at home on accident. I was forced to clock out 7 hours before the end of my scheduled shift. I ended up being stuck at work for another 2 1/2 hours that day till I was able to get home. No where does it say in the employee handbook that this can happen. Today I was not able to get a ride to work. I had the intention of walking the 6 miles to work, but it was 20 degrees outside and I did not feel safe doing so.

Due to lack of transportation which was made known during my interview and the nature of the transfer that was out if my control, I've been incredibly stressed out. I've started losing weight, I broke out in a hives rash, I started back smoking, my bowels have been really messed up, I haven't been getting alot of sleep, and I have aniexty so bad at work that I feel like I'm having an out of body experience. I don't know what else to do. I feel like I'm working in a hostile work environment, and it's impacting my job performance, and it's getting in the way of me being happy.

I've been in contact with my HR department this past week. I'm waiting to see how that pans out.

I thank you guys for any advice you can offer.

Answer: None of the things you've described are illegal, and it doesn't appear that you have any evidence of any illegal discrimination.


Title: If my parents are willing, how hard is it for me (20, Female) to adopt my 15 year old brother? Arizona.

Question:
Hello! I already appreciate you taking the time to at least read this over and hopefully offer anything you may know the subject.

Without going into the stickier details of my family background, I take care of my younger brother currently. He has a bank account under mine and his phone bill is through me as well (no attachment to parents). I pay all his school expenses such as supplies and clothing as well as pay for and prepare his food. I pick him up from school everyday and I take him there 1 day a week and my mother drives him to school in the morning 4 days a week (because I work full time).

He is moving in with me this summer (my parents live on the edge of the city so it will be easier for him/me to have less time to commute to school and back (it's right on a bus line too).

What I want to do is officially adopt him. This will make a lot of things easier and I want him to go to a school in the district I will live in (the school he'd be going to this year is a charter school). I need to be his legal guardian in order for him to use my address.

I've brought it up to my parents before and they're neutral to it and said they'd sign whatever papers they'd need to if I got things in order.

My concern is my parents make a decent wage (0 of it goes to me or my brother however) and look pretty good on paper.  I however am doing alright for my age money-wise (25k gross income). I worry that even if my parents are willing that the state will not let a single 20 year old be transferred over a child from a married couple.
I am not sure if/how adoptions are 'approved' basically.

Let me know if you have any insight on the matter.
Please and thank you

Answer:
 If the main thing you need is the legal ability to make decisions for and provide care for your brother, I think you would have a much easier time pursuing *legal guardianship*, not a full-on adoption (at least at the beginning). A few starting resources:

* [A Guide to Guardianship and Conservatorship in Arizona](http://www.azbar.org/workingwithlawyers/topics/aguidetoguardianshipandconservatorship) - What appears to be good info from a 3rd-party organization.
* [Filing for Minor Guardianship](http://www.azcourts.gov/selfservicecenter/SelfServiceForms/FilingforMinorGuardianship.aspx) - State of Arizona legal forms page


Title: Political campaign wants to rent out space in a church (Texas)

Question:
Good evening!

Like the subject says, I am a member of a (religiously liberal) church in Texas. I was approached by a political campaign who is looking for a campaign headquarters for the last few weeks of the race. My first instinct is that this is a no-go if our church wants to retain our 501(c)(3) status. After all, [irs.gov](https://irs.gov) says a 501(c)(3)  **"does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office."**

Is there any possible way to make this work? Obviously we can't donate the space or provide workers, but if we charged a full market rate for renting the building during that time, would that pass muster?

I'm guessing no, and I have doubts that the board would even want to risk it, but I am curious if anyone knows the answer to this or knows where to point me to find more.

Thanks!
Topic:
Tax Law

Answer:
 As long as you charge market rate then a 501(c)(3) can rent space to a political party. You would also want to make sure not to discriminate based on political views, I.e., not rent to one candidate over the other (absent business reasons).

You may also want to be careful about taking any actions that may appear as an endorsement or supporting the candidate. For example, when and where will signs, pamphlets, or other campaign material be distributed/posted.

See: https://www.irs.gov/pub/irs-tege/501c3_polcampfaqs.pdf

And: https://www.irs.gov/charities-non-profits/charitable-organizations/published-guidance-on-political-campaign-activity-of-501c3-organizations

Edit: this is the most important revenue bulletin the IRS has issued regarding political activity and 501(c)(3)s: https://www.irs.gov/pub/irs-drop/rr-07-41.pdf


Title: The newspapers in my hometown published fake news about my friends, can i report them for it and what is the benefit of doing so?

Question: title

Answer: Your friend can consult with a lawyer. There is no newspaper popo.Answer #2: This is super vague.


Title: Where and how to sue an international airline?

Question:
I was scheduled to fly from Japan to Hong Kong on Hong Kong Express a few weeks ago. The gate agents would not give me a boarding pass because they thought I needed a visa. I didn't need one and I had all supporting documentation to prove it. I understand that mistakes like this happen so I tried my best to patiently explain to them the rules which let me travel without a visa. I even called the immigration office in Hong Kong but the gate agents refused to speak with them over the phone.

After my plane left and the gate agents said they can't do anything except give me their customer service number, I bought tickets on a different airline and traveled to Hong Kong with the same exact documentation. The funny thing is that this was on Hong Kong Airlines which is basically the parent company of Hong Kong Express.

I know that I can issue a chargeback for the cost of my original tickets but I would like to be reimbursed for the expensive last minute tickets I had to buy as well. I have emailed the customer care of Hong Kong Express but they keep saying that they have escalated this and are still looking into it. I paid for all the tickets with a US credit card.

Is there anything I can do legally to make this airline pay for my damages?

Location: Japan, Hong Kong, US

Answer:
 Legal options are not practical here.  You would have to spend more money suing than your claim is worth, as you would need a lawyer in Hong Kong, and might have to travel there at least once.

Keep escalating and be patient.

BTW, this is why travel insurance is your friend for international trips.


Title: Water constantly being shut off at my apartment for repairs, do i have any recourse? it's a huge inconvenience.

Question:
I'm in VA, just outside DC. Here is a screenshot of the last year of emails. Unfortunately that's all i have, probably purged the old ones but it was the same frequency.

https://i.redd.it/9si4n499rjhx.png

Answer:
 You can ask for some sort of compensation, or to be released from the lease, or send a snarky email saying the owner needs to stop hiring shitty people to do repairs on the water and plumbing over 30 times in a year's span.

As long as he's giving you notice and not turning it off out of spite or to try and force you out, not much you can do about it.


Title: How does the Monopoly board game get away with having a space called Community Chest when Community Chest is a real charitable organization?

Question: I'm sure if I made a board game and added Goodwill or the ASPCA to it, I'd get sued. So how did they get away with it?

Answer:
 There is no single organization with the name "Community Chest." There are a large number of community trusts and nonprofits that bear that name, but the name itself is heavily genericized, and has been since the 40s. There _was_ an original one, founded in 1913, but that organization was founded under the name "Community Fund," and the moniker "Community Chest" was added later on. Since 1963, that organization has used the name "United Way" in all of its marketing, and they haven't really expressed much interest in their older name or in the Community Chest term as a trademark.

No plaintiff means no lawsuit, so that more or less covers the question.


Title: Prescription Forgery in Illinois and Missouri

Question:
Its been awhile since I have posted but on this and I keep coming back because I really do not understand what I am actually dealing with here. I do have lawyer but I cannot go to them because of financial situations.

About a month and half ago I found out that I had Oxycodone prescriptions filed and picked up under my name. The person who was doing it was my wife. She works for a pain clinic in Missouri and was picking up the prescription at a pharmacy in Illinois. This went on for 15 months according to my prescription records. She was obtaining 240 pills of Oxy a month. Each month there would be two scripts for 120 pills... sometimes there would also be a script for 30 here or there. I also found out that she was getting an Oxy script in her name at another pharmacy too for 50 pills. My wife is also not under my insurance so I know there is insurance fraud here too.

My lawyer sent out a letter to the doctors office she works at but she is still working for that doctor. My questions are how bad is it to have these pills associated with my name? I am teacher and do not want to lose my teaching license.

If I do nothing, will everything be alright? Should I notify my insurance company? How does this affect myself? What is she looking at in the world of the law (probation or jail time)? The scripts where filled 30 times until I caught it. She says that she would write the prescription and the doctor would look at it and sign off on it thinking that they were for me... I do not go to this doctor. She is also just a medical assistant.

The police have been notified but I am not pressing charges so its closed on my end. I do not think the pharmacy is doing anything because my wife is still working for the doctors office.... and the doctor is def not doing anything. I thought about going back to the police station and saying that I would like charges to be pressed but things are complicated because I do not want to do that to my wife. She says she is going to rehab but has not signed off on the HIPAA agreement to let me know whats going on. She also told me that class was cancelled one time and I just found out they do not cancel rehab classes/sessions. To complicate matters even more we have a 3 year old son together and she recently left the house and took him once I found out about the pills. I've been going to some Al-anon meetings which has helped myself.

Thank you for the advice.

Answer: I think you need to do everything you can to obtain more advice from your lawyer, including working out a payment plan.


Title: My landlord wants to sell their house. What are my rights? (Silver Spring, MD)

Question:
I signed a one year lease in October 2017 in Silver Spring, MD. In January 2018 my landlord attempted to have me (and my 3 housemates) move almost immediately because they decided they want to sell their house. However, when I told them they would need to buy me out of my lease they decided to wait until my lease expires.

From January-April (2) housemates moved out and we're replaced by (2) new month to month housemates; the 3rd housemate was already month to month.

My assumption is that my landlord expects me to move out when my lease ends. However, if I do not find a suitable replacement before my move-out date I am curious what my rights are. I really would prefer to stay here, but (correct me if I am wrong here) I do believe that because my lease is ending and they expressed in January that the plan was to sell their house that I have no legal right to stay past the leases expiry date.

Also, what are the rights of my month to month housemates? It is clear that my landlords are not familiar with the legalities of renting so it would be helpful for them to know what their rights are before October, when my lease ends, and they are asked to leave without much warning because of their month-to-month contract.

Note: we are all on different leases and I am not subleasing to anyone

Answer:
 > My assumption is that my landlord expects me to move out when my lease ends.

If he gives you proper notice you will have to.

> I have no legal right to stay past the leases expiry date.

Correct. Answer #2: Everyone has the right to see their lease honored. For you, if you enter a month to month holdover, your tenancy can be ended any time in that holdover upon notice as required under the lease.


Title: [SC] I got married in April, realized I was transgender and came out to my wife in June, wife and I agreed to end the marriage in August.

Question:
Hey, first time posting here and I'm on mobile so please excuse the formatting.

As stated in the title, I married my wife in April of this year after six years together. We started dating in 2012 in high school and did long distance throughout college, only moving in together in October 2016. There had definitely been signs of my non -traditional gender identity since I was young, but for a multitude of reasons it took almost two decades for things to **click**.

Since I've been out, both my wife and I have been exceedingly unhappy. Our marriage up until that point was rock solid, but ever since that point there have been tears, awkward silences, feelings of guilt and betrayal, confusion and a whole host of other negative emotions. We have never been violent with one another, and in over six years I can honestly say that we have never so much as yelled at each other. We're best friends, and even when she told me she couldn't support me as my wife any longer, I wasn't angry. It was almost like a weight had been lifted from both our shoulders. This situation is depressing, but the ultimate decision to separate maritally is a mutual one.

My question is this: because we have only been married for a few months and both parties wish to separate on good terms, is there grounds for an annulment? We have co-habitated and will continue to do so for the time being, though it will be in a "roommates" capacity. We have not consummated the marriage. There was no adultery, violence or threats of violence made. I did not know I was transgender until after we married. The marriage was performed in Richland Country, in the city of Columbia, South Carolina.

Thanks in advance, Reddit,
-Zoe

Answer:
 You probably cannot get an annulment as there was no fraud, neither of you was still married to someone else, and there wasn’t any duress.  That said, there really isn’t a meaningful distinction between divorce and annulment in your situation.  File for a no fault divorce.Answer #2: There are 3 reasons in SC you can receive an annulment: fraud, coersion, and bigamy.

I do not believe you meet any of these criteria.


Title: I'm being charged for my lawn being mowed without receiving a warning.

Question:
On june 10th I closed on my new house and began the process of moving in. On the morning of june 19th I woke up to find my lawn had been mowed and I wasnt sure who did it.

A few days ago I received a bill in the mail for $150 citing "blight- lawn mowing". I called the number for city hall listed on the bill and asked what the deal was, they stated that they had sent a warning for a city ordinance on lawn mowing to the previous owner on June 7th and that he had signed for it June 10th, the day of closing, and that it was now my responsibility to pay since the home was in my name when they mowed it, even though I myself had never received any warning or notice of any kind.

Do I have any course of action here?

Answer:
 You need to pay the city for the service.

I would think you'd have a small claims action against the previous homeowner. That notice should have been disclosed as part of the sale.


Title: ESA Animal and Roommate Issues

Question:
My roommate has a cat registered as an ESA. This will be my second year living with my roommate, let’s call her Sarah. Let it be known that Sarah is my friend, and she does have anxiety. She wanted the cat to be registered as an ESA animal because she did not want to pay the $750 cat fee in our apartment complex, not because of her mental illness, and she told me that. Nonetheless, it is still a registered ESA animal.

Last year, Sarah’s cat had an issue peeing in my room and around the apartment and Sarah did nothing about it, she took him to the vet and the vet said there was nothing physically wrong with him. Keep in mind, Sarah practically lives at her boyfriends. I would primarily feed and give water to the cat, because Sarah was never home to do so.

Fast forward to this year, we now live in a house with 6 girls in total and have been here for only 3 months. The cat is still having issues peeing everywhere. He has caused damage to my bed, my roommates bed, carpet throughout the house, and I have thrown clothes away because I could not get the smell of cat pee out. Sarah bought her cat an automatic food and water dispenser so she would never have to be home to feed the cat. She still does not refill the food and water dispenser, we (other roommates too) do this for her because we hate seeing this cat go hungry. We have had multiple talks with her about the cat’s peeing issue and that she needs to be home to take care of her cat. She is home for maybe 3 days out of the week.

When we complain about the cat peeing in our rooms specifically, she tells us it’s our fault for letting him in. We all try to keep our door shut to keep the cat out, but it is a very old house is we need our doors open for air flow or else one room will be sweltering, and my room will be so cold that my lizards tank is not fit for living. Also, if you even walk out of your room, the cat will immediately run in and hide under your bed where you can’t reach it.

Last night, all 6 of us had a sit down talk about her cat. We explained that the cat needs to go somewhere else. She explained that because he is an ESA animal, she needs him here with her (remember, she is rarely home to take care of him). She also claimed that she is home to take care of the cat as often as he needs it. We said that if she is going to keep the cat here, it must be kept in her room, food/water, and litter box included. She agreed, but said she would be home more often to tend to the cat, and she would be letting the cat out of her room whenever she is home.  She also reminded us that we agreed to having the cat here. But as far as I know (and I work for the company that leases our particular house) she is allowed to have the cat here without our permission anyway, because it is an ESA animal. Is there anything at all that we can do? She is not respecting our wish for not having a cat here, nor is she helping clean up his messes.

TLDR; roommates ESA cat is causing damage to the carpet, our beds, and clothing, by continually peeing on them and he is not properly taken care of by said roommate. is there anything at all we can do?

Answer: In addition, even if the cat was a legitimate ESA (which it is clearly not) - reasonable accommodations do not include an animal that causes extensive damage to a building. Cat pee is pretty damaging.


Title: My stepsister is calling cops on me making false reports for serious offense, what should I do?

Question:
Backstory: I am a 25 year old female and my stepsister is 20. We have the same mom and live in different houses. Three weeks ago we got into an argument because she thought I told one of our mutual friends, who she was hooking up with, that she was hooking up with another guy. Which was false, I wouldn't throw my sister under the bus.
She has been calling the cops on me for the last two weeks making false reports. The first one, she stole my license plate, then called the cops and reported my car stolen. Our second incident was when she tried to wait for me outside my house with her friends to jump me. The third incident is the most recent. I have not seen her since they finally left my house a week ago. My sister knows I legally own a gun. She knows what it looks like and everything. She called the police and told them that we ran into each other and I pulled out my gun on her. The police took me to the station and eventually let me go. They told me they couldn't really do anything at all though to help me out. I'm scared something will stick on me because she knows my life. Anybody with any advice please would be very much appreciated.

Edit: We live in Pennsylvania

Answer: You need to inform them of this continued harassment and that you would like something done and that she is continuously filing false police reports.  Press the issue, and if nothing is done, speak to their supervisor.Answer #2: She is your half-sister, not step. And make a police report about her actions.


Title: MN Split Parenting, one parent is always sending child with other people

Question:
I posted yesterday but felt that I didn’t do a very good job with the details so I removed it until I could get the time to more properly explain the situation.

So here’s the deal, my husband has a daughter from a previous relationship. We found out that he doesn’t have any court ordered visitation rights so we (meaning my husband, his ex and myself) went through the process of putting everything in stone. I think now would be the time to point out that we all get along very well for the sake of our 9 year old child.

So, we go over the agreement that I drafted which abided by the MN statutes. There was a right of first refusal provision that the mother felt uncomfortable with because she felt it would “dictate” what she did with her child on her time.

My husband’s choice was to have it removed to ease the process against my advice but his point to get this done quickly made sense because the mother has moved away before and it looked like she was going to do it again leaving us with zero time with our daughter instead of the 50% legal/physical custody we agreed on.

The mother is a carefree, fly by the seat of her pants, wants to go out on Friday/Saturday night kind of lady. I’ll put here that I don’t worry for our daughter’s safety. During these times where I’d hoped she would refer to us to watch our daughter she sends her with grandparents, her uncle or some other babysitters.

Now, here’s the question: should we document the times that the mom isn’t with our daughter so that she can go out and party? I don’t care that she goes out, she’s a single woman and yes absolutely deserves her time but as we’re on a week on/week off basis she has plenty of time for that when our daughter is with us. These instances add up to 3-4 nights a week which I find to be excessive. Would we be able to document this and present it to the MN courts with a petition for more parenting time with our child so that she is in a more consistent and stable environment? Would this be a valid argument? I did the googles but I just got blogs and garbage.

I hope I can get some direction here. Thank you.

Topic:
Custody Divorce and Family

Answer: If your husband wants to go back to court he needs to hire a lawyer. Generally parents can do as they please during their parenting time as long as the child.is being cared for.


Title: Girlfriend asking for fake letter

Question:
Throwaway for personal reason. My girlfriend works as a nanny and gets mostly cash money. She has her own apartment but lives with me most of the time.
She has a doctor visit today and she claimed that she doesn't work so as to have discounted visit fees but they want to have the proof. She said she lives with me and i provide for her food and shelter. So, they have asked me to write a letter for her.
I am on work visa here and dont want any trouble. Is it safe to send this letter as per the legal advice? Please suggest

Answer: Do not commit fraud to save a couple bucks when this could literally get you deported.


Title: My son

Question: So my son's father recently broke up with me and decided that he wanted to take my child but I told him no and till we get some paperwork so that I'm sure that he can't run away with my son. He says I'm being stupid but he's taking things for me in the and told me he was doing it just to hurt me so I don't trust that he wouldn't do that with my son. He lives in Maryland at his mom's house but tells his work that he lives in Delaware so that he doesn't have to pay taxes for both States. I don't know what this means for me. Will he be able to file for custody in Delaware even though he lives in Maryland? It's so angry because in the last 4 years so my son has been around I've had to beg his father to come around and he refused to because he didn't like my parents even though my parents are never around and he would never call to check on my son to see what my son needed. The only times he would see his kid is when I would go to his mom's house. And even then he was canceling on us all the time claiming he had to work. I would have to chase him down if I need things. And then the last time just because he was mad at me he would not come up here and get his son thinks he made it so I had to ask my parents to get them for him. I'm currently not working as I am attending college for my medical assisting degree. So my parents help me out with financially and then end up having to cover his hot all the time. Someone please help me because somebody told me that Delaware law states he can get primary custody. But that doesn't feel right since as I said he lives in Maryland not in Delaware. I'm at my Wit's End and I'm scared of losing my kid somebody help me please!

Answer: Under the UCCJEA the jurisdiction for an initial child custody determination is determined by the home state of the child. It's based off of where the child has been living for the past six months. If he files in an improper venue; you file in the correct one and answer the complaint in the other state denying jurisdiction exists.


Title: Cross at the Capitol Building?

Question: On a run today in DC, I noticed some group had erected a cross on the front steps of the Capitol with a sign reading “Pray for the elections”. Is this even legal? And if so, how?

Answer: It is legal as long as other religions can display their images


Title: [Portland, OR] HOA requiring all members of household in addition to buyer to get a background check...

Question:
Does anyone know background check and housing discrimination laws that relate to this? Basically I'm buying a house here and the HOA is stating that my boyfriend (who grew up in this community since he was 4) also requires a background check even though he isn't renting from me. He grew up in his father's house down the street and moved out for college. We're moving into the new house together but my name is the only name on the buyer's contract. It's obnoxious since they're requiring us to pay for two background checks. He will pass it of course, but I wanted to know what the laws are since the HOA board has been a pain in the ass. :)

---
Update: Thanks for the advice everyone! Hadn't realized he still counts as a tenant. And yeah looks like there's too many nosy busy-bodies in the HOA currently, so I will be running for the board next time it comes up.

Answer:
 > It's obnoxious

Welcome to the wonderful world of HOAs. This will not be your last run-in with them.

Might I recommend:

1. Not buying there.
2. Buying there but running for HOA board yourself.


Title: Kentucky, Mother's lap band ate through stomach. Has been causing profuse vomiting, abdominal pain, etc.

Question:
For a few months, my mother has been vomiting profusely at least once a week, and suffering from severe abdominal pain. It has gotten to the point where she has lost several pounds, and has had numerous trips to the doctor, and at least one trip to the emergency room.

Today, via endoscopy, she found out that all of her symptoms were caused by an old lap band device she had implanted in 2009. It has apparently eaten away at her, resulting in a hole in her stomach. The lap band needs removing, and the hole has to be repaired.

Is there anything we can do here?
Topic:
Medicine and Malpractice

Answer: Medical malpractice is fact specific.  This could have happened because of improper installation, an adverse effect specific to your mother's body chemistry, or any other number of reasons.  A medical malpractice attorney would have to look at all of the facts and determine if anyone has fault.Answer #2: This is a known problem even with proper installation. It would be nigh impossible to sue.


Title: Today Apple announced a new feature for the Apple Watch called 'SOS' which allows users to send alerts to others in emergency situations. Some friends and I entered an Apple Watch app competition a year ago with an eerily similar idea. Apple employees were even there as judges. Do we have a case?

Question:
Backstory: about half a year ago at my college, three of my friends and I decided to enter our school's Apple Watch app development competition. It was to be a combination of marketing, development, and creativity in order to make an Apple Watch app. The only requirement of this contest was that the app had to have something involving media as a main feature. My friends and I decided to make a public safety app in which users could send out pings to other app users in the event of an emergency.

Some of our proposed ideas included a quick 911 call feature, a list of emergencies to send out to other users in a defined radius, and a way to track anyone that made a false claim on the app. We had design mockups, high level documents, details of our meetings, and Powerpoint presentations leading up to our presentation in front of the judges, two of which were employees from Apple.

We presented our app, detailing all of its features, mockups we had made, and how we were going to develop the app. Reception was mostly positive form the non-Apple judges but one of them made a comment that it would be too hard to prevent false claims from happening, even though we would have stored their contact information in a database if we finished the app. Even with that remark, my group and I still felt very good about our chances of moving further in the contest.

Unfortunately, in the next few days we all got emails saying that we were not chosen to move on to the next round. Of course we were all sad but we moved on and mostly forgot about the app.

That is, until today at the WWDC.

Almost all of our features we planned on putting in our app were in SOS. They even used the same logo we used in our presentation to the Apple employees. I don't know if this is coincidence or not, but it really strikes me as odd that only half a year after we gave our presentation Apple comes out with this new feature for WatchOS3 that is essentially the same thing we showed off.

I really don't know if they did actually steal out idea, but there is just too much coincidence. Why would they say it would be too hard to track false claims and then release their own version of it? Maybe I'm still cheesed from hearing the news about SOS but something about this doesn't seem right.

I know that Apple is a goliath of a company, but is there anything my friends and I could do or say to get someone's attention at Apple?

EDIT: school's location is Columbia, MO

Answer: Ideas generally are not protected. I highly doubt you have any real recourse worth pursuing unless they used copyrighted or trademarked material of yours.


Title: Was arrested for an OWI, but the arrest violated the 4th amendment

Question:
In early May I was arrested for an OWI in Iowa while driving some friends home in a friend's car. At the time, I consented to a breathalyzer test and blew a 0.116. I spent the night in jail and had my license taken away from me. The officer that pulled me over cited "driving without my headlights on" as probable cause for pulling me over.

Since then, I have hired a good lawyer, who has reviewed the dash-cam footage from the officer's vehicle from the night of my arrest. According to my lawyer, my headlights were most definitely on the entire time I was driving in the video up until I turned off the car to speak with the officer outside of it. He has shown this video to the prosecutor, who also agrees that my headlights were on. The prosecutor has asked the officer to review the video, and ask for his consent to dismiss the case.

Furthermore, we have two witnesses that were in the car with me at the time that claim my headlights were on.

Basically, I'd just like to know how strong my case is, and where things would go from here from a legal standpoint. I believe the case is very strong, as the officer clearly violated the 4th amendment (protection from unlawful search and seizure), and we have filed to suppress the case under this amendment.

Are my chances of winning this case high? If I do win this case, what happens next? Will all of my charges be dropped? Will I get my license back? What happens to the officer if I win this case? Does he have an incentive to not consent to the suppression?

Any further advice you could give me for this case would be greatly appreciated.

Thanks so much.
Topic:
DUI

Answer:
 Since you have an attorney already who seems to be doing an adequate job at representing you, there really is nothing more you will be able to glean here. Anything someone on Reddit tells you about your chances of winning, what happens next procedurally, or what might happen to the officer are pure speculation. I don't know if we have anyone here with particular familiarity with Iowa law, but I guarantee your lawyer does. What does he say about your chances?

That all said, I have never in my life heard of a prosecutor needing an officer's consent to dismiss a case. That sounds a little weird. Not sure what they're trying to say there: maybe he's just double-checking with the officer on his story?

Generally the procedure might go something like this... Your lawyer files a motion to suppress, and the prosecutor can decide whether he wants to argue against suppression or go along with it. However, suppression overall is not the prosecutor's choice. Ultimately the judge will rule on suppression. If granted, and if that particular evidence constituted the bulk of the prosecution's case against you, your lawyer would move for dismissal. Again, the prosecution can argue if they want to, but it's ultimately the judge's call.

Now, if the prosecution realizes their case against you is crap, they can decide to drop the charges against you negating the need for further motions on your part (other than perhaps a motion for expungement, which you might want to raise with your lawyer to see if you can get the arrest and any associated records destroyed.)

But again, these procedures will vary from state to state, let alone within the courts of a single state. Don't listen to anything we tell you, go ask your lawyer this stuff.


Title: Can city law overrun state law?

Question:
I stumbled upon an interesting learning lesson and I cannot google the answer so to speak.  So question for you when ever you have a moment- "a coalition filed a lawsuit in state court because the city alderman made a resolution to require state flags to be flown.  How can they ( a coalition) file this though?  The Initiative 54-56 (to declare it hate, or whatever) failed therefore it is a state law the flag is in place.  It is whether I or you agree a State Flag.  I thought cities could not supersede state law authorities, therefore the council making a memorandum was only following state law?    If this is correct, the lawsuit being filed is it not a waste?  Could they not have found a different angle to fight this cause?  I don't even live in the state the battle is taking place.  I merely have an interest in law and have followed this rather hot topic from the beginning.  Now I see the lawsuit and wonder how in the world is this possible?

TLDR:  When can lawsuits be won against city/county resoluitons when said resolution is inline with State law.

Answer: Generally, yes, cities can impose stricter laws than the state.  They just can't impose more lenient laws than the state (e.g., "Totes legal to murder in this city, even though it's illegal at the state level").


Title: Do I need to give a notice of intent to vacate to my landlord? Texas

Question:
Do i need to give my landlord a notice im leaving? I recently bought a house and am moving into it at the begining of May. I have never signed a lease and pay monthly,
I've been there for 5 years.

Answer:
 You are considered a month to month tenant.  You must provide one month notice [source](http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.91.htm).  Your state law says  the notice doesn't have to match the rental period, meaning you  can give notice today, and terminate the month to month tenancy on April 5 without being liable for the entire month of April.

> If a tenancy terminates on a day that does not correspond to the beginning or end of a rent-paying period, the tenant is liable for rent only up to the date of termination.

Give your notice immediately, in writing, to your landlord.


Title: Wife threatened by other RN, wife fired (VA)

Question:
My wife is a traveling nurse and another traveling nurse threatened her at work and then followed her home and she had to call the police. After bringing it to the house supervisor, her manager and finally HR's attention my wife's contract is being terminated. Normally there is nothing you can do, but would the fact that she was terminated for bringing up harassment change things?

Update: Wife is being paid out the rest of her contract and we get to go home early. Got to add a shout-out to Travel Nurse Across America for making things right for us.
Topic:
Labor Law

Answer:
 > Normally there is nothing you can do, but would the fact that she was terminated for bringing up harassment change things?

Depends on what her contract says.


Title: How many war crimes were committed in Quentin Tarantino's Inglourious Basterds?

Question: Title says it all. I must know, there has to be at least a dozen of them.

Answer:
 Not as many as the people they were killing.Answer #2: The ones I can think of are wearing an enemy uniforms and obviously killing civilians/involving them in military operations

Also torture and killing unarmed POWs


Title: Comcast charging for non- existent services. Now being handled by collection agency.

Question:
Hi all! My mom is having an issue and I’m hoping you can help.

She had Comcast TV/Internet in Pinellas County, Florida.  She closed her account on January, 31 but was told they could not disconnect her service until 2/16/18 because her account was paid through that date (the end of her billing cycle). She has a confirmation number of her account being closed, the name of the representative she spoke to on January, 31. However, she is continuously getting a bill saying that she owes for 2/17/18 - 3/16/18. She is now being told that her account is in collections. When she has called on 3 separate occasions to fix this issue (and they have said they’ve fixed it) and today she was told by Comcast that the bill has been sent to a collection agency and there’s nothing they can do and she needs to take it up with the collection agency. Is there anything else that she can do in order to have this come off of her credit aside from disputing it?  Any other advice?

My mom has recently gone through a lot of big changes (leaving my drug addict father after 52 years of marriage) and is trying to repair the damage he’s done to her credit so this is really causing her a lot of stress.. Anything you can do to help would be more than appreciated.
Topic:
Computer and Internet

Answer:
 There isn't really any magic to make Comcast suck less.

If mom truly canceled her services, returned her equipment and danced whatever dance Comcast had her dance, then her recourse is to refuse to pay the bill, dispute the charges with the collection agency, and to defend the suit if they choose to litigate.

As a practical matter, mom should try to escalate the matter with Comcast.

And as distasteful as it sounds, were my credit on the line, and were the charges in dispute in the under $100 range, I might consider paying them to make it go away.  Believe me, the idea is as horrible to me as it is to most people.  But mom will spend more than $100 if this goes the way Comcast stuff often does.


Title: [Ohio] Can my employer not put me in a position based on my gender?

Question:
I work in a gym and I wanted to switch positions within the facility. I wanted to switch from my current position to working in the babysitting area watching kids. I've had experience watching kids before as I was a lifeguard and taught swim lessons.

My employer told me I couldn't work in there because I was a guy. Can he do this? Is that legal or sexist????

thanks in advance
Topic:
Business Law

Answer:
 it depends on the position. for example, he can assign only women to clean the women's locker room. the reason for this should be obvious.

as for your question, yes, that's pretty clearly sex discrimination. in a work environment, there's no inherent quality of women that would permit this kind of statement.


Title: State law prevented my name from being on son’s birth certificate. The mother has left me and taken my son. What is my first move?

Question:
Despite being separated from her husband the mother was still legally married when our son was born and the state law did now allow me to claim my paternal rights. She has since cheated and left and I have zero rights to my son. I have done a few free consultations but they all say different things and different prices and I’m just wondering what my smartest / quickest / cheapest / most efficient option is without getting the runaround.
Topic:
Custody Divorce and Family

Answer: You need to get a court order to establish paternity.  She can't evade that.  Then you need to get a custody and visitation order.  You will need a family law attorney to help you with this, particularly if she plans to make it contentious.


Title: Fraudulent Sale of Home

Question:
Bit of a long story

I purchased a home on short sale last November with a well using a VA loan. On the purchase agreement an addendum was added along the lines of "buyer assumes as is and agrees to pay any required municipal repairs" which I signed under the understanding that should anything come up beyond my budget I would back out of the purchase agreement.
Fast forward to April, I've been living here 6 months, I get a letter from the County informing me my well was not up to code, that this was discovered prior to my signing the purchase agreement, and that I would need to fix this under threat of litigation. Included in this letter was a letter from the county denying the deed transfer, which no one apparently saw or heeded. Nowhere in the entire process was this ever disclosed to me.
I got a lawyer, who suggested we attempt to make a claim against the title insurance for fraud while he held off the county's lawyer from filing against me. The claim was denied, and after lengthy discussions with my attorney, it was determined that the cost for me to pursue justice in this case would ultimately cost more than the repairs. So I've taken a sizable personal loan to repair the issue.
Ultimately, the sellers and their real estate agent failed to disclose, the title company failed to discover the issue or the denial of sale, the county failed to enforce their denial, and I'm the one getting stuck with the bill because I can't afford to litigate any of this. My income is too high to qualify for pro bono, but not nearly high enough to actually afford to sue everyone involved and hope someone pays up. I'm not sure where to go from here.

Answer:
 >Ultimately, the sellers and their real estate agent failed to disclose,

How do you know that the sellers or their agent were aware of the well not being up to code?

> "buyer assumes as is and agrees to pay any required municipal repairs" which I signed under the understanding that should anything come up beyond my budget I would back out of the purchase agreement.

Once you closed, you were done. There was no agreement to back out of after that point as the deal was done.

Did you get a home inspection?  Did you get the well inspected as part of that home inspection?


Title: My friend is staying with me temporarily but it's in secret because lease says "no overnight guests"? [NJ]

Question:
I have a friend who I will call Daisy. Daisy is one of my best friends. She's had a really, really rough home life. She turned 18 recently while I am 22. Her abusive family have been beating her, locking her in closets, punishing her by forcing her to eat food she hates or that is expired, sabotaging her school and job back when she had one, etc. Finally she got the courage to leave and packed what she could. Problem is, the womens shelter was staying at got overcrowded and she was not allowed in. So Daisy came to me as I am literally her only friend. Her extended family would only hand her over back to her parents.

I live in a kind of shitty apartment building with six other tenants who are all graduates from university. I've let Daisy crash in my room (while I take the sofa) for about a month. We've been trying to get her a job and a room to rent. Neither have been easy. Nobody wants to rent to her because she has no job. Nobody wants to hire her due to her lack of experience. It's been frustrating. I have no idea how much longer I'd need to keep Daisy here. Not to mention, my landlord is a huge bitch and has warned all tenants to never have any guests, particularly overnight ones, or she will evict.

My question is, can she do this? If she does try to evict me, can I fight it? Will a judge be sympathetic to my friend's situation and allow an exception?

Also are there any programs Daisy can enroll in that she can get a place to live in? Or to get work more easily? We tried going to an employment agency a few days ago but the lady behind the desk basically told her she wasn't eligible due to her age and inexperience... I just really don't want to kick Daisy out because she's either going to end up back with her abusive family or probably wander the streets homeless.
Topic:
Landlord Tenant Housing

Answer:
 The reason your lease says that is because if Daisy stays overnight long enough, removing her from the house changes from a few hours long, call-the-cops situation to a several weeks/months long, expensive eviction process.

Your landlord might be a bitch for any number of reasons, but trying to avoid having to evict a non-paying squatter is not one of them.

And yes she can evict you for violating the lease. A judge might be sympathetic, but will not allow Daisy to take someone else's property for free because of her hard luck.


Title: Can criminal restitution be discharged in bankruptcy? [OR]

Question:
A 15 year old in my area was ordered to pay $31 million in restitution for starting a gigantic forest fire with firecrackers. He was also sentenced to a few thousand community service hours and five years probation.

I’m curious as to how much this debt will affect him. Will it follow him for the rest of his life? Will they garnish his wages forever? The judge put him on a ten year payment plan, meaning payments would be be over a quarter million dollars a month, assuming no interest.

Answer:
 The judge put him on a ten year payment plan with the amount paid each month to be decided by a couple of factors, including his income and input from his probation officer(s). It is definitely not the total divided by 120 months. If he keeps his nose clean, finishes his community service, follows the rules of his probation, and doesn't fuck up the payment plan, the courts *might* lean toward forgiving the remainder of his fines and restitution after 10 years.

I don't think a bankruptcy would help him, but IANAL.Answer #2: The restitution can't be discharged in Bankruptcy, but the Bankruptcy Court *can* create a payment plan if it's a Chapter 13. It would lower the payments, but do nothing for the balance or the interest. Answer #3: Did he intend to start the fire, or was he just playing with firecrackers?