Title: Might get evicted

Question: This is my first time renting so I need some advice. Me and my boyfriend smoke weed in our apartment and our roommate doesn't like the smell so he told our landlord that we were smoking and she said that she could get us evicted because it's against the rules of the complex, however I went over our lease agreement and it says nothing about drugs of any kind not being aloud on the property. This is California so it Legal. My question is can I get evicted for something that wasn't clearly stated on our lease or even mentioned to us when e moved in.

Answer:
 You might want to tone it down, mostly because smoking *does* cause damage to the apartment and remediation will come out of your security deposit. Doesn't matter what you are smoking, tobacco does the same thing.

Generally speaking, the lease governs. If there are restrictions in the lease then you can be evicted for it. If there aren't then you can't. But, just because she was overstating her position on eviction doesn't mean that this can't escalate into something pretty serious. I would suggest that you look into alternative methods of partaking that would be less disruptive and (eventually) expensive.

Remember, a little compromise can go a very long way in situations like this.Answer #2: A lot of cities in California have no-smoking ordinances. In Santa Monica and Pasadena I think you have to be 20 feet from the multi-family residence or business to smoke. You might not get a choice, they might not have to put language in the lease. It could be local law.Answer #3: Are you all on the same lease together?

> This is California so it Legal.

Yes but California is in the USA and in the USA it's so illegal it might as well be radioactive. Does your lease cover breaking the law? It might not need to, but if it does then this is a problem.

When you say "rules of the complex" does the lease say you have to follow the rules of the complex?


Title: (California) my dad's DUI. Sudden balljoint breakage. Unread miranda rights during arrest.

Question:
Recently, my dad was put in jail for a DUI.  He was driving his truck with a few (3) drinks in his system, and then BOOM!  His ball joint gives out and he has to call AAA for assistance.  He waits oustide his truck for about half an hour until the tow truck shows up.  Unfortunately, the cop followed the tow truck too.   My dad admited that he was the driver and the cop gave him a sobriety test, which he passes. Then a blood alcohol test, which he probably failed. The cop didn't read him his miranda rights as he was arrested.

I just want to know what we are in for. We already paid a lawyer, just waiting for the court date.

Answer:
 Not being read miranda at the time of arrest means nothing.  They're only required before a custodial interrogation.  Listen to whatever the lawyer he is paying for is telling him.

You're in for an arraignment (if that hasn't already happened), then a potential deal being negotiated depending on your dad's past history/record, and then if he doesn't plea out eventually a trial.


Title: What are the potential likely legal outcomes for spitting on a guy after he says "show me your titties"?

Question:
Location: Chicago, IL.

Yesterday, a passenger in an Uber car said "show me your titties" to me. It was at a slow, stop-signed intersection, and so I had time to walk a few steps to the car, say "you mother fucker," and spit on him.

It was satisfying.

The Uber drove off, and later, after I told my boyfriend what happened (and he hugged and kissed me and said he likes his women how he likes his Vikings: Viking-y), he pointed out that what I did was technically assault, so if the guy was enough of an asshole, he possibly could press charges.

I think this is a very remote fear.

- The cops would have to catch me. They take forever to respond to things that aren't "in progress". Is there any legal reason I couldn't just walk home, and disappear?

- I assume I could request to be tried in front of a jury of my peers? I think IL law for assault is up to 30 days in jail and up to a $1,500 fine. I can't imagine a jury giving me anything more than a high five

- I guess there's the potential costs of having to hire a lawyer? I wouldn't want to waste the money. Would a free, court appointed lawyer be sufficient?

- Did he sexually harass me? Is that illegal?

- Would I have to check the "I've been convicted of a crime" box on job applications? I believe those usually have an explanation section. I kinda feel like it wouldn't actually make me less likely to be hired in my field (software engineering)

- I wish I had the flu so that I could spread it to him.

People get away with literal murder on a practically daily basis here. I'm not worried about spitting on some asshole. But, I am curious if I *should* worry.

Answer:
 >But, I am curious if I should worry.

There's almost no chance you will ever hear about this.

BUT keep in mind for the future, words are one level, and physically assaulting someone (what *you* did) is a whole different level.Answer #2: Yes, that is a crime. If you were identified, you could be arrested/charged/convicted.

Sexual harassment is not a crime. It is a workplace issue. His freedom of speech allows him to say "Show me your titties" the same you can respond "you motherfucker". He might be an asshole, but it isn't a crime. If a cop saw you, you would almost certainly have been arrested.

In reality, nothing is going to happen because he can't identify you.


Title: My neighbor doesn't know his boundaries, advice ?

Question:
Florida, Miami, (F) 28
My neighbor has set foot on my propriety many times and I need to constantly remind him to not step in my garden, get near my tulips or scare my dogs. His cat also keeps showing up near my house, touching my plants or showing up near my garden. On weeks, he also has a nasty habit of parking his car near my garage doors when he needs to pick up materials in his house. Two weeks ago, I decided to contact a contractor to build a wall between his propriety and mine and told him in no uncertain terms that he needed to pay 50% for the red brick wall. He misogynistically called me a "drama queen" and offered to pay the share he owes me for the "fucking" wall.
The wall is being built, yet I still see him occasionally through my window and he still sometimes steps on my grass, passes near my house, still unnerves my dogs and generally, invading my space. I think he is doing his harassment on purpose, because he doesn't want to pay for what he legally owes me. Could I sue him to make sure this individual stops with his harassment and to be legally sure he pays his share for the contractor I hired ? It's getting to the point I want to fucking kill this loser or run over his annoying cat.

Answer:
 >I decided to contact a contractor to build a wall between his propriety and mine and told him in no uncertain terms that he needed to pay 50% for the red brick wall.

So you'd like to build a wall and would like to force your neighbor into paying for it?

Yeah I call troll...or the President. Answer #2: Is it really misogyny if it's true?  Dear lord, try to take the pole a few feet out of your ass.Answer #3: He doesn't have to pay for half the wall. Why would you want shared property with this guy anyway?  Put it on your side of the lot line, pay for it yourself and get on with ignoring him. He isn't breaking any laws, that I can see. If he shows up on your property after being told he isn't welcome, you can file a trespassing report, that's about it.


Title: [AZ] My daughter (16) was given a restraining order today at school and I'm looking for help!

Question:
My daughter is a Junior in High School and was given a restraining order today at school for punching a girl in the face.

Long story short I was picking up my daughter early from lunch and this girl got in her face and started calling her names so she punched her. She received a 5-day suspension (her first all year, she's never punched anyone before) and when she came back today they handcuffed her and gave her a 100 ft restraining order and are charging her with assault. There is literally no way for my daughter to be 100ft away from this girl because of a class room next to hers. Is there anything I can do about this? This all got way out of hand.
Topic:
School Related Issues

Answer: You need to transfer her to a new school until the restraining order is rescinded. You need to hire a defense lawyer to handle the criminal charges, if you can't afford one then at her arraignment have her plead not guilty and ask the court to appoint her a public defender.


Title: Was scammed online by a high school kid who happened to use all of his real email and name -- I've saved all our exchanges and his name and picture. Also managed to locate his high school. Is there anyway I can get LEO to help me out, how can I proceed best?

Question: Long story short I got conned into sending an etransfer of money (to the tune of $300) to a very convincing high school kid. I believe he is in the 12th grade. (I always thought I was smarter than that but apparently not). He happened to use all of his real information such as name and email on the selling/purchasing app we used to chat and I found him on Facebook and LinkedIn. I was thinking I might bait him to meet as he has other postings listed on his profile and would hope police would help me but I am wondering if I would need any further proof before going ahead with this. I am located in Toronto Ontario Canada if this helps.

Answer: Call law enforcement and explain what happened.  Don’t try to bait him into a meeting.


Title: Random letter... sitting inside my house on my dining table when I got home... saying a branch of my tree fell and broke their windshield. Unlikely, but possible. Even if so, am I liable or is it an act of God?

Answer:
 I'd be more concerned that someone broke into your house to leave the letter. Did they leave contact info?Answer #2: In your house bro? That's sketchyAnswer #3: Laws vary, but for tree related damage, the litigant often needs to prove the owner knew or should have known that the tree was a hazard, and failed to act to mitigate that hazard.

If sued, contact your homeowner's insurance.Answer #4: First thing I would do is file a police report for the breaking and enter of your home!


Title: Rear-ended someone at 5 mph, am uninsured. $4900 in damages.

Question:
So a week ago I rear-ended someone at a stop light and realized later that my insurance was not valid and would not cover any of the damages to the other car (mine was perfectly fine, only the license plate fell off), I immediately called the other driver and offered to pay out of pocket. She just got the estimate back and it's going to be $4882, which to me just seems outrageous. My question is what risk am I in if I only pay for the $1000 deductible and I let her insurance company deal with the rest?

I live in Texas, and she has AAA insurance.
I´m a college student so I´m trying to find and economically-friendly solution to this.

Answer:
 Body work is expensive. You can not pay and wait to see if you are sued. But this is why you have insurance.

>  I´m trying to find and economically-friendly solution to this.

The economically friendly way to do this is to pay for insurance. Now you get to do it the expensive way.Answer #2: Get a detailed estimate and tell her to tell the shop that insurance is not involved. Sometimes body shops jack up the estimate because insurance will pay.


Title: MVC 100% not my fault. Inconvinience sucks.

Question: In New Jersey.  So, i was involved in an MVC that was 100% not my fault.  Car totaled.  I wasn't injured but am just generally inconvinienced.  Currently, I am already one week without a car, needing to use my wifes car, which then puts her out of one.   What can I do for compensation.. I'm not looking for millions, but I feel like i should get something for this interruption in my (should be and typically is) smooth life.

Answer:
 You know they rent cars right? Answer #2: Doesn't your insurance cover a replacement vehicle?Answer #3: What everyone else said.  Where's your car? Is the other carrier handling it and told you they are? Why havent they paid for a rental?

If you can't answer those questions, go through your own carrier.  They will pursue the other person's insurance on your behalf.

As for a payment for your inconvenience? No soup for you.  You get reimbursed for your car and a rental.Answer #4: Most insurance policies provide rental coverage. If you have collision protection then you can get a rental car through your own insurer. If you don't, and the other party accepts fault, you can get one through _their_ insurer. If they don't accept fault then you can rent a car and sue for reimbursement later.


Title: Whole neighbors family teasing my dog.

Question:
Hey.

Almost two years ago I moved to a private house with a puppy. Even from the first few weeks of being here I noticed my neighbors kids being way too close to my territory. They weren't playing, they were just looking at my house and backyard. Especially if the puppy was out. Seems normal, kids looking at puppy. Even though, I hate when people, including kids, stare. And it just became like a daily thing. They just started at my place.

Sometimes even their (I'm assuming) father would go to edge of the territory and just stare at my place while having a smoke. It kinda creeped me out, but I wasn't sure if there's something I could do, they are on their territory not mine. Also I don't speak the language of this country where I'm at right now so that's a huge problem.

After even more time passes, my dog is growing up, and I installed 2m high fence so she can run around (German Shepherd). This happened even before fence, but now much more often. The kids just go close and stand there with their dog until mine starts to bark. They have this little doggy with high pitched barks. I mean, why? Also the father does the same. Just goes close and waits for my dog to react.

It's been happening for so long and I still haven't done anything mostly because I don't think it's serious enough to involve anyone else and that I can't tell them to stop because I don't speak the language (Finnish).

But today I'm so fed up and decided to post here. I don't even know if it's serious enough for this place. But the man was out with his dog, came close to my fence, looked for my dog. My dog was in front yard doing her own thing. The man just turned around until my dog noticed him and ran to the fence. He immediately turned around and RAN to my fence and just stood there. His wife (again assuming) just stood there and looked. Like this whole family just likes to watch my dog bark at theirs.

I even got few pictures and videos of them doing it. I plan on getting second dog, but I think it would make it even worse... My plan is pretty much planting privacy bushes around the fence and hope it will solve my problem, even if they will do their job in years. Is there something I can do? Is it serious enough to involve someone else?

Thanks in advance and sorry for bad English.

Answer:
 Do you have any friends/family/coworkers that speak Finnish so they could translate? It seems the first step would be to introduce yourself, apologize for not speaking Finnish, and ask them nicely to not bring their dog up to the fence because it upsets your dog. How they respond will tell you a lot.Answer #2: I’m not familiar with the culture but is there anything you are doing that is breaking a cultural norm?    To an American this sounds bizarre and off putting, but I’m wondering if their behavior is being driven by something you are failing to do or say.  Given you have had no communication with them it seems that you may have set yourself up as some sort of crazy foreign side show.

You need to communicate with them first and foremost before adding to the narrative in your mind.  There has got to be an app that translates your native language into theirs.  If not it may be worth paying a translator to speak with them.


Title: Can a cop make a deal with you then lie about it.

Question: I was just wondering, when you see cops tell someone "if you give me all your weed or something I'll let you go".  And if you do give it to them, are they then allowed to still arrest you if they want?(MO)

Answer:
 >"if you give me all your weed or something I'll let you go". And if you do give it to them, are they then allowed to still arrest you if they want?(MO)

Yes, police officers are not required to tell you the truth.Answer #2: Yes, of course.  Police can and do lie all the time.  It would make undercover work somewhat difficult if they couldn't.  Answer #3: Never trust a cop. Ever.

They don't even trust each other.

Don't believe that? Walk into *any* police station locker room, all the lockers have locks on them.


Title: Dealer Service Center lied about my tires, put me in a very dangerous situation

Question:
Just looking for some general advice here, and what things I should be aware of as I decide what to do about this.

I'm in Texas. On Sat 9/3 I took my SUV to the dealer for an oil and filter change.

Like every other service center I've been to, they do a "courtesy check" along with the oil change. They printed me out this nice checklist that basically said everything from fluids to breaks to tire tread was "green". They specifically listed that my tire tread depth on all 4 tires was "6". Great! Nothing to worry about.

Exactly one week later, this past Saturday, my sister and I were driving down the highway in the rain and my car skidded and fishtailed several times across both lanes. I was completely out of control, top 5 scariest experiences of my entire life, and it's nothing but luck that I didn't roll, or end up in a ditch, or get hit by someone else. No damage to anything besides my nerves.

Long story short, both of my back tires were completely BALD. I got a new nice checklist from firestone that the front tire tread depth was "5" and the back were at "0". I now have 4 new tires (and my own tire tread depth gauge).

I'm a very non-confrontational kind of person, but I definitely want to complain about this. I would not have ended up in that VERY dangerous situation if the dealer had actually checked my tires like they said they did. I'd have purchased new tires that day and this never would have happened. It could have been so much worse, and I'm SO VERY grateful that nothing actually bad happened, but god damn it could have.  I don't know if it was laziness, incompetence, or a mix up- but no matter what, it's completely unacceptable.

I'm not trying to sue anyone. But I feel like this needs to be brought to the manager's attention and I deserve an apology and a refund at the very least. How realistic is that? What are they going to try to do/say to cover their own asses? Am I going to end up in some crazy pseudo legal thing where they want me to sign some sort of gag order or something crazy? Am I worrying for nothing? I know this might seem silly, but I don't think I've ever even so much as complained to a restaurant manager about bad service before, so I'm just not sure what to expect.

I appreciate any advice or tips you can give me!

Answer:
 Nothing is stopping you from complaining, maybe leaving them a bad review on Yelp, etc. as long as you only put down factual statements.

As far as your refund goes, it sounds to me like the courtesy check was a free service, and you paid for the oil and filter change. So they provided you a service, and you paid. There's nothing to refund.

And honestly, it's your responsibility to ensure that your tires are good to go. The fact that they were completely bald means you hadn't checked them in a while.


Title: [NC] If a parent threatens to destroy a computer built with your own money, which legal actions are appropriate if they follow through?

Question:
17 years old and turn 18 in 5 weeks. Parent threatened to smash my PC that costs about $850. They have issued threats like these on other occasions but I'm concerned if they will follow through.

What legal action would be appropriate for something like this?

Just ask if you need more info.

Answer:
 They can take the computer away until you turn 18, but they cannot destroy it. If they do, you can sue them in small claims court (once you turn 18) for the cost of the computer.

Though, be aware that once you turn 18, they can turn around and start charging you for things like rent, food, transportation, etc... They no longer have any legal liability to support you after that.

You can also probably file a police complaint if they destroy your property. Though, that is a big escalation.Answer #2: Take your computer and store it somewhere else for the next 5 weeks.

Move out.


Title: Police officer hit me with car and tried to arrest me for assault and terroristic threats till an Eastern Europe cop of the same department saw the whole thing. The one cop hid his name and badge I got it all on video what do i do

Answer:
 I'd advise everyone to check OP's post history before they respond.

I think all relevant advice has already been given.Answer #2: You can:

* File a complaint with the police department.

and/or

* Contact a lawyer and explore a lawsuit.


Title: Boss spied on me

Question: [deleted]

Answer:
 There are no legal issues here. Patronizing and demeaning you in a meeting is perfectly legal.

You couldn't have went to the police for your work having a meeting with you and it not going your way.Answer #2: What's your legal question? If the question is can banks have security cameras the answer is yes. If the question is can managers review their employees the answer is yes.


Title: [MA] If my wife and I were to pass away and our out-of-state will has our kids going to someone can my parents try and dispute it to take them?

Question: My wife is having some stressful thoughts since I am going through a tough time with my parents due to us moving from NY to MA.  Our old will was in NY and had our children going to friends in the event of us passing.  However, we haven't updated it to MA.  Would a court still look upon a past will for intent?  Or are we running the risk of leaving our children open to being taken by my parents?  My in-laws are still alive and have the same fears.

Answer: Wills deal with property, since children are not property you cannot make a binding bequest of them to anyone. You can make a recommendation. If your in-laws contest that the court will place the child where they feel it would be in their best interests to be.


Title: I live in Florida and my homeowners association board passed a new rule that says you can't sue other members of the HOA...

Question:
Title should be pretty explanatory. I live in Florida and inherited a property governed by an HOA. We moved into it last year.

This past year we hired someone to do a renovation in our home, adding a bathroom. It turns out that his work was very poor - we learned this when one of the walls he put up literally fell down. We couldn't get in touch with him as he was on vacation so we called someone else. They found a slew of problems including a plumbing leak, electrical not up to code, and the initial wall that fell. We ended up spending $2000 having his work fixed.

We tried to work with him as he guaranteed his work, but he didn't stand by it, claims we knocked the wall down to rip him off, etc. It has come down to suing him in small claims court.

Now after already filing the initial paperwork for small claims, I have found out he is also an HOA member...and coincidentally at the same time the HOA has passed a rule against lawsuits within the HOA. Instead they say any disputes must be handled by the HOA board.

Is this enforceable? Can they really prevent me from suing someone?

Answer:
 Was the contractor licensed?

Doesn't sound like it he did electrical and  plumbing.

If not report him to the [DPBR](http://www.myfloridalicense.com/dbpr/reg/ULA-Report-Unlicensed-Activity.html) and if criminal charges are instituted then he'll have to pay all your money back as restitution if found guilty or pleas out.


Title: (NV) Bank Accounts Garnished from mom's unknown debt

Question:
Hey everyone,

I received an email form my bank account saying that my balance was below $25. I looked and my checking accounts were at $0.00. It showed a "Debit/Hold" with the exact number of my balances withdrawn from the account.

I called BofA customer service and they said that the notes on the hold read "garnished" and they left a number to a law office to call in nevada. When I called that office, no one was able to find my name in the system.

This is when I realized that my step-dad has his name linked to my account as a co-owner. And my mom has access to it as well. My mom recently got a court order to pay debts on a car that was repossessed 10 years ago. She was never issued a subpoena and is just now hearing about these debts. Her bank joint bank account with my stepdad was garnished as well.

So my question is, is the collector even allowed to take money that I have earned out of my account even if my mom isn't an owner on my bank account? (and if she is an owner, which I am going to confirm today with BofA, can they still touch my money that i have earned?) I am 25 and employed.

Let me know if you need any other info and thank you!

Answer:
 If the debtors name is on the account they can take it. You need to separate yourself financially from both of them.Answer #2: The plaintiff is allowed to take money out of any depository bank account (subject to qualified exemptions) that is jointly-owned or co-owned by the defendant (it doesn't matter which of the co-account owners put the money into the account).  Are you sure who the defendant was (ie. was the defendant your mother, or your father, or perhaps both)?  Are you sure that the defendant is not a joint-owner or co-owner of "your" account?

I am not sure about marital property issues.  Maybe the defendant is one spouse, but any account in the name of the other spouse is also subject to garnishment based on a marital community property issue?


Title: Girlfriend signed up for scam by accident, terms say she can be sued?

Question:
She signed up for one of those "pay only shipping and handling" offers, where after 14 days they try to bill $100+ for a full membership and the only way to cancel is to call them and follow very specific instructions. Looks like the only information they collected was her card number, expiration, security code and home address along with her phone number and name.

I'm dismayed that she made this mistake, and now I'm trying to help mitigate it. [The terms of the scam website](https://www.avanderm-wrinkle.com/terms.php) had one clause that stood out:

> You hereby agree that any fraudulent reporting of a lost or stolen credit card used to obtain goods or services from the Site or any fraudulent reporting of an unauthorized charge to the Site on your credit card which has been made by you or anyone under your authority, at a time when a charge or other obligation for payment for goods and/or services to the Site remains outstanding at the time of such fraudulent reporting, you shall be liable to Avan Derm Nu Anti-Aging Cream for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.

How serious is this? Can they really sue her if she doesn't call and cancel the trial membership? We've already had her card cancelled through the bank and new one issued.

Location: California, US

Answer:
 That's saying if you try and get out of it by saying your card was stolen and the charge wasn't made by you they will sue you for 80 gajillion space dollars. I'm inclined to agree that is a hollow threat. But there's nothing to say they can't send her to a collection agency if she doesn't pay for the membership she agreed to pay for.Answer #2: >How serious is this? Can they really sue her if she doesn't call and cancel the trial membership? We've already had her card cancelled through the bank and new one issued.

Well, it helps to read the first sentence of the TOS.

>You must read and agree to these Terms and Conditions before placing Your order for the 18 days trial (14 day + 4 S+H) program of [*Snake Oil*]. By placing Your order for the 18 days trial (14 day + 4 S+H) program of [*Snake Oil*] You agree to be bound by the following Terms and Conditions:


Title: [US-SC] Friend held hostage by her parents; neglect and emotional abuse confirmed, and physical abuse suspected.

Question:
Hey guys, I (18M) am currently seeking advice on a situation regarding a friend of mine, and I'm looking for possible solutions or ways to help her. My friend and coworker, L, currently lives with her biological father, her stepmother, and stepsiblings. We met through work. She is 15 years old and will be 16 in November. She is a super kind person, always thanking people for their help and never says anything mean. However, her father prevents her from leaving her house at any time, except for work (at a restaurant) and for school.  Her closest friend, H, and I are aware of emotional abuse. L has admitted to H that there is emotional abuse going on, but H and I are certain that physical abuse is happening as well. We first suspected physical abuse when L began to flinch and retreat whenever someone was about to touch her (i.e. hand on shoulder, raising my hand for a high five, patting her on the back, etc.). Whenever I or one of my other coworkers ever bumped into her or put a hand on her shoulder, she would react violently, either by punching or by kicking in the shin/leg. At first I thought she was just doing it as a joke (trying to act tough) but its absolutely an instinctive behavior. L has admitted to being depressed, and often makes suicidal jokes and her humor consists almost exclusively self-deprecating jokes. At work, L is clearly afraid of other adults, She also often shows up late to work and her dad forgets to pick her up (she'll be waiting outside for 1-2 hours after clocking out), which usually results in me or someone else giving her a ride home. There's more, but I'm going to get into that further down in the post.

For some background, L previously lived with her mother in NC, who was neglectful of her and who L hated. 2 years ago, L moved in with her father in SC, where she is now. She was quickly cut off from her friends and prevented from leaving her house by her father. He often takes her phone, which causes her to miss work and we can't reach her. Another thing that happens is her father takes all of her paychecks from work. She gets none of the money she makes. There's no way that can be legal. Her father clearly plays favorites with his children, giving his stepchildren a normal life, while abusing L. She's often threatened by both her father and stepmother that she would be kicked out of the house. L would often show up to school with untreated medical issues, and would always come to school sick. Whenever I give her a ride home from work, she always finds way to extend the time or avoid going home. Simple things like driving around for an hour, or going to get coffee. L also will stay at work well after she's off the clock, just because she "prefers being here".

Both H and her parents are aware of the situation, but feel as if there is nothing they can do, as they worry that possible foster care would only be worse and if she was sent back to live with her mom, nothing would change. I also worry about that. H and I want to know if there is anything at all that can be done legally to either rescue L from her home situation or to solve those issues. Any advice would be greatly appreciated.
Topic:
Custody Divorce and Family

Answer:
 If she feels abused she can call CPS.Answer #2: > Another thing that happens is her father takes all of her paychecks from work. She gets none of the money she makes. There's no way that can be legal.

Her father, as her parent, can manage her money. If she feels like she's being abused, she can call DSS. If they determine there's neglect and abuse, she may be removed from the home. She would likely be placed in a foster home if there's no available family or suitable family friends that could take her in. More than likely, the first option would be to return her to her mother. Answer #3: A parent can restrict where a minor is allowed to go, that doesn’t mean she is being held hostage. Parents can also control a minor’s phone and finances.

If you suspect she is being abused, you can report it to CPS but frankly you don’t really have any evidence. Just because someone doesn’t like to be touched doesn’t mean they are being abused.


Title: (OH) Ticketed for failing to stop at a stop sign that I came to a complete stop at. Is there a burden of proof on the officer? If I say I didn't do it is my word just assumed false because I'm not a cop?

Question: I know for a fact I stopped because I asked my wife who was with me just to make sure I didn't roll it.  I always stop completely at it.  Will my word just be dismissed if I choose to go to court to fight it?  I don't want to pay for something I didn't do wrong.  Also will I have court fees if I do win or can I ask that those be assigned to the person that made me go to court for no reason?

Answer:
 The answer is no and no.

Bring your wife as your witness, plead not guilty, take it to trial.

Perhaps they have mobile video from the patrol car if it was so equipped and if the officer was facing the same direction as his camera when he saw you.


Title: Could you give your power of attorney to an app (USA)?

Question:
I don't know why you would want to.

If it's not legal, which I assume is the case, what's the legal problem?

Answer: You're asking if you can give power of attorney to an inanimate object?Answer #2: Tap here and electronically sign below to acknowledge your exchange of power of attorney for 5 free powerups


Title: Neighbors put an Ultrasonic Bark controller in our backyard

Question:
(Ontario, Canada) Hello! I took my dogs out late at night and saw a strange green blinking under one of my shrubs, I looked further and found a small black and blinking box in a hole in the fence. It had a small speaker that was facing my house and was set to ON. After further investigation I found it was a dog barking controller. I am going to approach them tomorrow but was wondering what I could do beyond that. Thanks!

Edit: it was placed on our property through the hole in our fence and was deliberately placed towards our house
Topic:
Canada

Answer:
 No offense intended, but as a non-legal opinion, many residential dog owners simply aren't home when their dogs go crazy nuts with the barking and the howling.

It may go a long way for neighborhood peace and civility to -- in addition to letting them know this pisses you off -- also try to work out a way to make sure your dog is not keeping the neighborhood on edge.

I had neighbors with the sweetest, cutest, cuddliest german shepherd -- who barked nonstop whenever they were not home.  Every time I'd talk to them, the answer would be the same "I'm sorry.  I don't know what's got into her.  She's usually not like that!"

yeah, because you're HOME.  She's not lonely or bored when you're home.  Of course, your situation may be different.Answer #2: If someone went to such lengths, you might consider taking some actions so that you dogs stop invading the peace of your neighbors.  Answer #3: Legally it's their property that they "misplaced."

Practically it'd be hard to demonstrate that you knew it was there while mowing the lawn/using the weedwacker/recreational chainsawing since they hid it on your property.

I'm not suggesting you destroy their things, and I think a polite "hey, keep your shit off my property" conversation is better. But I'm also a belligerent ass.

If they keep placing things on your property you can start looking into trespassing/vandalismAnswer #4: If the product is on your property, you can return it to them and tell them to keep it off your property. If it's on their property you shouldn't touch it.

The device itself is totally legal, as long as it's on their property.


Title: [CALIFORNIA] Involuntary psych emergency hold, bill is $20,000 how do I pay this off...

Question: I don't know what to do. My brother who has a mental illness was taken involuntarily to the hospital when he got aggressive and the police got involved. Our family doesn't make that much money and we are in a lot of debt from a failed small business and the bill we received is around $20,000. He is not insured, are there any programs that can waive this fee? Please help.

Answer:
 This isn't really a legal question.

But yes. First: call the hospital and explain that there is no money and you need help. They can give you some direction to start.

Then: Google like crazy. There are services to help with medical bills. But it takes leg work.

Then: Call NAMI in your area. Your brother needs help. Answer #2: To piggyback on /u/Napalmenator 's excellent topic, ask to speak with a social worker at the hospital. If he is qualified for assistance, it is often retroactive.


Title: I shipped most of my belongings across the country through Greyhound Shipping. Two of the most important/expensive boxes never made it back to me. How can I get my stuff back?

Question: I'd like to start this post off by saying FUCK GREYHOUND. Back in April, my girlfriend and I shipped most of our belongings from Reno, NV to North Carolina through Greyhound Shipping Express. We had 10 total boxes in our shipment and 8 boxes arrived. The two remaining boxes contain around $1000 worth of stuff and also things with sentimental value. After waiting a couple weeks, we started calling Greyhound to track down our boxes. After staying on hold for hours, they could not find the packages and would transfer us to different departments. It was the worst customer service experience I've ever encountered. Since we weren't getting anywhere on the phone, I sent in a claim for the lost goods in July and haven't heard anything back. I am starting to lose hope on tracking down the lost boxes, but I at least want to be compensated for everything that was lost. I am wondering what the best course of action would be to get my money and/or stuff back?

Answer:
 Yeah.  As someone who also experienced lost belongings through greyhound I am sorry to have to let you know you are never seeing them or a significant amount of your money back.  After three months of daily calls and constant run around they finally sent me a check for $250. I lost over $1000 worth of belongings.  Apparently in their fine print $250 is the limit to their liability.  Which would have been nice to know beforehand.  So I’m sorry but if you have three months worth of free time you can at least get $250.

Edit.  Almost forgot the $250 is for the ENTIRE shipment so if like me you lost more than one package it’s still only $250 for the entire shipment.


Title: Restaurant printed wrong number. They have been rude. Can I tell off callers? [CA]

Question: Dumb problem I know but I work in sales/services so I can't just block all unknown numbers but a few weeks ago the place sent out mail flyers with my number printed and a promo deal. I get dozens of calls a day and at first I just said wrong number but they won't stop calling. It's annoying and I'm getting sick of these calls. I talked to the place and got told off because they were losing business!! Will I get in trouble if I lie and say things like "closed for fumigation" or "50% lunch specials if you wear a crazy hat" ? Seriously people have yelled at me because I'm lying since the flyer has my number printed.

Answer:
 >Will I get in trouble if I lie and say things like "closed for fumigation" or "50% lunch specials if you wear a crazy hat" ?

Definitely don't do that, its a good way for them to gain damages against you. Answer #2: Make a new voicemail message. "You have reached  [your name, your business] If you are calling in regards to [your business] please leave your name and number and I'll get right back to you. If you are calling to reach [restaurant] this is not it. They printed the incorrect number on their advertisement.  They can be reached at [their number]. Have a nice day."

Then, stop answering calls. No need to make some stranger's day worse because they used the number on the flier.


Title: [RI/US] Local Convenience Store is Selling My Sister Cigarettes with her Food Stamp Card

Question:
A little bit of backstory. My sister doesn't exactly have the greatest respect for the law. In addition to her philosophies against police officers, she has blatant disregard for many laws, even exclaiming that society has no need for laws. For example, she commits many petty crimes such as shoplifting from stores and driving recklessly, (through stop signs, wrong way down one ways, going 60 in a residential area, etc.) Even her license has been revoked and she has accrued thousands of dollars in tickets.

Personally, I am very against cigarettes, which may cloud my judgment in this case. Lately, my sister has been going to the local convenience store, and buying cigarettes using her Food stamps card. She has been very open about it, often repeating claims like, "They're the only ones that will do it for me!" All I know is that it is against the law to sell cigarettes using a food stamp card and the owner if the convenience store is getting away with it. I have also told my sister that it is illegal, but she doesn't seem to care as long as she gets her cigarettes. I feel she is abusing the system and delegitimizing the need for food stamps for people who actually need them. For example, our mom has stopped receiving them even though she is unemployed and living with three children.

So here's the thing. I'm sure I can just call the cops and inform them about what is going on, and it can stop immediately. But, I don't want to ruin the guy's life. If they actually do gather evidence, he could get in big trouble for it, and lose his job, or go to jail. I understand that he's only human and is trying to get by, but I don't want him to continue selling them to my sister illegally. (She's 21 years old.)

What can I do? Like I said, I don't want to make life harder for this guy, but I don't want him to keep selling my sister cigarettes using food stamps or for her to keep buying them using her Food stamps.

Answer:
 >I'm sure I can just call the cops and inform them about what is going on, and it can stop immediately. But, I don't want to ruin the guy's life.

It sounds as though you're aware of an ongoing fraud against the public assistance program.  Your choices broadly are to report that fraud to the [Rhode Island Department of Human Services](http://www.dhs.ri.gov/Fraud/ReportFraud.php) or not to.

There aren't really other options for you.  I guess you could consider speaking with the guy, though that doesn't seem wise.  Answer #2: He should be reported to the fraud division of the Snap program. These stores have an agreement to accept snap / food stamps.

Let me tell you, I'm sure he's charging her double the amount than what's listed. A lot of these stores make millions committing fraud against Snap program. If he's doing this for her, i can assure you he also probably cashes the cards out for a 3rd of its value. It's very common unfortunately.

I do understand usda has a program that looks for these transactions if the store owner gets greedy enough. You can submit a complaint online at :

https://www.fns.usda.gov/fraud/how-can-i-report-snap-fraud


Title: Sold a car, but the buyer won't pay

Question: So my sister sold her car to a now ex-boyfriend of one of our family members about a year ago. They wrote up a document regarding how much was to be paid and in what increments, of which was looked over by a lawyer and deemed legal. The guy still owes about $1500, but is being a jerk and is refusing to pay and has blocked her phone number. At the time of writing up the document, she also signed over the title to avoid any insurance issues falling on her if he got in an accident and/or hurt someone with his car. Does she have any ground to stand on in terms of taking him to court for the remainder of the payment? I'm not sure how the signing over of the title plays into this. Thanks.

Answer: Absolutely, take him to small claims court. The title being in his name just means she cant repossess the car.


Title: [MO] Appointing Governor as Public Defender

Question:
In case nobody read about it on the front page. The director of the Missouri public defender system appointed the governor to a case as a public defender. My question is, I assume this is legal, but will the governor actually have to defend this person? Or will he get out of it?

Reference: http://www.publicdefender.mo.gov/Newsfeed/Delegation_of_Representation.PDF

Answer: He will get out of it, but the PD will get the press they were looking for.


Title: Saying "MacGyver of ______" on a business card. Is it copyright infringement?

Question:
As well as other fictional characters and cartoons.

I'm in Oregon, USA.

Answer:
 This would be trademark infringement and not copyright infringement.

If it were Mickey Mouse, I would expect Disney to file a trademark infringement suit, maybe for dilution, if they ever found out about this.  Even if they have not registered "Mickey Mouse" as a trademark being used in commerce in the category of business cards, I'd expect they would argue that you're infringing their trademark under the common law.  The production company or studio who owns the MacGyver IP still uses the name in commerce, presumably, because of reruns, so maybe they would, too.  The counterargument would be that this use doesn't dilute or infringe upon their trademark.

I don't know if you would win if a trial were to take place.  I also don't know if you would be sued in the first place if they were to notice.


Title: [CA] Identity theft victim, thief applied for a mortgage in another state.

Question:
Here is the story behind this.

My SO had her handbag stolen at a gas station. They pulled up next to the car and just opened the door, saw the bag and that was the end. Police were called and report filed. She immediately called all the institutions to which we had cards to and cancelled all of them and ordered replacements. Her social was NOT in the bag btw.

A week later,
She runs a credit report. We notice Best Buy, Victoria Secret, Car loan, Home Furnishings and a freaking mortgage in Illinois. Freak out begins.
Somehow they found her Social (again it was not in her bag). Went to Best Buy and opened a 5k cards...fully spent. Cashier remembered and thought it was fraud but went with it anyways.
Went to Victoria Secret and REOPENED the card that was cancelled with ID and social..spent 2k or so. Even the cashier said she remembered the lady and thought it was fraud but let it happen anyways.
Car load they were denied.
Mortgage in another state --- YES.

We are freaking out, our credit score is tanked. We went to all the stores and they would not help and said ( how do we know you are not fraudulent and would not release any video footage). Cashiers did remember the people tho.

Here is what was done so far:

Lifelock - membership.
Credit monitoring from various credit score companies.
FCC notified.
All credit card companies notified that the thieves have social.
Police report.

They are doing all the spending in a city near by ( Brentwood). It's 20 min away from where we live.

The loan place will not release any information to us about the mortgage. This is our biggest worry.

When we went to the cops, they did not take it too serious but the initial cop that did the police report when the bag was stolen will follow up. My worry is because it's in a different city, i don't know how much jurisdiction they have.

Any advice or help would be greatly appreciate it.

Answer: File another report with the police department where you reside and give them all of the info.  They will either forward the report to the other agencies or take on the investigation themselves.


Title: Please help. False rape accusation.

Question:
[deleted]
Topic:
Other Civil Matters

Answer:
 First, never visit MensRights.

IANAL
if the police want to question you about this, you can and should hire a lawyer. Assuming this allegation is false, you can sue her for defamation, but that comes with additional publicity for the accusations, including public records (since it will be going to court). Your best bet is to cut off all contact with this woman and try to ignore it.


Title: Ice cream truck pulls in front of car to 'teach a lesson' to driver. [PA]

Question:
My friend was driving along a main road and icecream truck pulled out recklessly and she hit him.  He claimed, and I guess he actually admitted to police, that deliberately pulled out to teach her a lesson because he thought she was speeding.  He got some sort of a reckless driving citation and she was not given anything.

My question is whether he is liable for any *additional* criminal charges.  He claimed to know that she was going to hit him, with her kids in the car, and pulled out anyway because he thought she was speeding.  In fact, she was not speeding.  To my mind, this is little different than reckless endangerment or assault.

Answer:
 >My question is whether he is liable for any criminal charges

Other than the one he already got?Answer #2: No advice, but what kind of lunatic puts his mobile business at risk to teach some stranger a lesson about speeding? I'm glad he was hit with reckless driving. Answer #3: So if this guy needs to show up in court, will he be....

SOFT SERVED?!


Title: Can a private school principal be sued for not wearing a mask even after the mandate is eventually lifted?

Question: Ny wife thinks her school principal is going to keep wearing a mask for another year or two "just in case somebody sues". Is she right, or is she delusional?

Answer:
 Can they get sued?

Yes.

Will the other person win?

Probably not.

Is it legal for them to tell her to keep wearing a mask at work forever?

Yes.


Title: Question about bankruptcy

Question:
Here's the scenario:

I'm roughly 13k in debt; around 7k in credit card debt and then 7k in car payments. I wanted to know if it's better to go through a chapter 7 or chapter 13 bankruptcy or any at all. Also, if I went through either one of those, how much do you think the debt could be cut down to?

Thanks

Answer: A bankruptcy makes very little sense when the total debt load can be cleared with a part time job or settlement negotiations.


Title: Boyfriends’ ex wants my house and savings

Question:
I entered into a relationship with a guy who was separated but not divorced, and we have one child together and another on the way. The divorce has been long and bitter but now I have received a letter to provide his ex with my mortgage, bank accounts statements , credit card statements, superannuation etc which all predates my relationship with him. I don’t feel comfortable in doing this at all because she spreads nasty rumours about me and I don’t want her to have my private information such as my credit card statements, how much I owe on my house and how much I earned (I’m off work at the moment because of the babies). I support myself almost entirely because I worked very hard before I met him. I bought my house on my own before he came into my life, my shares too, and earned most of my savings before I met him.

I’m struggling to see how this is relevant to his divorce? Should I push back? He hasn’t even engaged a lawyer - I am really clueless about this. (This is a new account because I lost my old log in about a year ago and haven’t got my shit together to make one but I’m panicking).

Answer:
 If this is from the courts, it's a subpoena, and it's binding unless you get it quashed. Get an attorney: none of that sounds relevant to your boyfriend's divorce, and a motion to quash is step one.

If this is from the ex's attorney personally, check with an attorney to be sure, but it's likely no more binding than if I asked you to show me your bank statements.Answer #2: You just need to speak with an attorney. Any time you have someone requesting private documents it’s a good idea to protect yourself.


Title: I'm not 18. If I buy a vibrator from a website that says you have to be over 18 to use it, can I get in trouble?

Question:
I want to buy a vibrator but I'm only 16. The website I'm wanting to buy it from makes you check a box saying that you are over 18. Is there any way for them to actually verify my age from my payment information, name, address, etc.?

Edit: I'm in Alabama

Answer:
 Since this is Alabama, it might be prudent to make sure that the website you're purchasing it from doesn't have a brick/mortar location inside Alabama.

Technically, the Anti-Obscenity Enforcement Act still makes the purchase of sex toys inside the state of Alabama illegal unless for educational, judicial, medical, or scientific ends...so if the website in question has a store in Alabama, you might be asking for trouble. If it's located outside the state, you might be okay.

It's a really REALLY stupid law, but it's still on the books, and after some light Googling, apparently it's still enforced. ^Thanks ^Bible ^Belt.Answer #2: oh interstate monetary and contract fraud over the telephonic wires!!


Title: I am 18 years old. I was just involved in my second at fault rear end collision. I am currently being sued for the first. Two car were involved and a driver was taken to the hospital. How screwed am I?

Question:
TL;DR- Am currently being sued for an accident from last year. I had the same kind of accident today, two cars were involved, I was issued a citation and a driver was taken to the hospital. Insurance liability limit of $50k...

Last year I rear ended a woman on my way home from work, there was an incident ahead of us in the intersection and she broke hard but I failed to stop in time causing a collision. The damage to my car was extensive and hers significant but not as bad. No citation was issued. On scene she said she would be willing to take care of it outside of our insurance companies but later changed her mind, which is fine. Both cars are fixed and a few months pass then I find out i'm being sued. I'm still in the midst of this and Allstate hasn't resolved it yet.

Today I was late for school and driving faster than I should have been, the road was wet. I rear ended a truck, who then tapped the bumper of the car in front of him. I got out and asked if everyone was ok, he would not talk to me or roll down the window. His car has some damage to the bumper but does not look too major. When I asked the woman in front she said "I'm okay but my car's not" and started looking for damage on her bumper with a flash light from her phone. I couldn't see any damage at all to her car but she stayed. The police arrived in about 2 minutes, he spoke to the guy in the truck and called him an ambulance.

My car is wrecked. I was issued a citation for failure to maintain proper speed/following distance. The citation says there was no serious bodily harm to another (not sure how they determined that if he went to the hospital).

What are the chances of this ruining my life? I'm thinking it's pretty high. I could potentially be facing 3 lawsuits on top of repairs for the 3 cars. I live in Florida. My insurance has a liability limit of 50k. (is this per incident or total?) Am I toast?

Answer: At the very least, your insurance is going to be pretty damn high after this. Other than that it is impossible to know if any of these crashes will go above your limit. This last one sounds pretty minor. Your insurance company will fight to make it as low as possible so they pay out the least amount possible.


Title: When can a bouncer use force?

Question:
I'm from Ontario, Canada. My friends went out last night (all of age), and after waiting in line outside, one of the guys (who coincidentally had the least to drink) was denied entry by the bouncer. He was frustrated and simply asked "Why, I'm not drunk?". The bouncer just replied with "You have to the count of three to leave before I take you down".

Is this actually allowed? I would think if it did happen it would be assault, since he wasn't on the club's property yet, and wasn't physically harming anyone.

Answer:
 Former Ontario bouncer here.
Everybody in law enforcement (including bouncers) have the standard use of force model to follow. By him not leaving, it's a form of passively resisting by not following a valid directive.
Personally, the bouncer was a bit extreme, but with the amount of unpleasant people they deal with on a nightly basis... it's not exactly a bad thing for him to bluff (hopefully).
With him not being on the property, it would be easier for the police (who are normally close by depending on the type of bar, how close to opening/closing time, etc) to deal with the issue if they staff call them.
Worst case scenario, friend gets charge with causing a disturbance. Best case, your friend just leaves with you guys to go to a different, more friendly bar.Answer #2: No harm, no foul.


Title: Can my imployer force me to take a “promotion”? (PA)

Question: My imployer wants to force me into another position. Which they call a promotion. I would get paid more but would have to work a lot more hours. They  want to rehire someone at lower pay for my current position. thx

Answer: They can fire you if you refuse. Unless you are part of a union or have a specific work contract.


Title: My dad died and now his ex-wife is making claim to me and my siblings inheritance.

Question:
Please help me! I live in Seattle, WA. My dad and stepmom finalized their divorce on November 20, 2015, and on November 30, 2015 my dad was hospitalized with an extreme case of pneumonia, A.R.D.S., and extremely high blood sugar (He was a Type 1 diabetic since age 15). Throughout the next four weeks he slowly got sicker and sicker while in the hospital to a point where he was placed on hospice and subsequently passed away on December 21, 2015. Throughout this entire endeavor my stepmom was filing appeals on the divorce for all of my dad's life insurance as well as his entire retirement.

My older brother and I quickly got an estate attorney since my dad didn't have time to change the beneficiary to any of his estate and had no standing will. She told us over and over again that the law states that in the event of a divorce that the ex-wife is immediately revoked as beneficiary. However, after talking with the life insurance company today I have found out that this is not the case. Our lawyer was wrong and now all of my dad's employer based life insurance money ($496,000), as well as his employer based retirement money (~$50,000) will be going to our stepmom.

Of course I'm upset because I feel like my older brother and I are entitled to our fair share of our inheritance, but I am also scared because my dad left behind my little brother and sisters; all age 14. I don't trust my stepmom to take care of them by putting the money that is rightfully theirs into a secure account where they can access it when they are of age and I also don't trust her to give a single penny to my brother and I. We are most likely going to fire our lawyer since this mistake is on a whole other level of HUGE, but in the meantime I am coming to you for help. I don't know what steps we have and I don't have money to get a legal case started against her. Is there anything I can do?

Answer:
 I think you may be getting inaccurate information from some posters. Assuming that your father and step-mother both lived in Washington state RCW 11.07.010 **does** provide for automatic revocation on divorce for transfer of non-probate assets, which is why your lawyer said what she did, but there are certain provisos that may make this moot.

I personally would not get my advice from the insurance company (who probably have little idea of how this statute affects them) but would go back to the lawyer (or indeed another lawyer) and ask for clarification. And quickly, because it is necessary to provide notice to the insurance company in a timely manner.


Title: [CA] Landlord contracted a unlicensed plumber to do a very complicated job

Question: [deleted]

Answer: What does being a plumber have to do with replacing a window? Anyone can usually replace a window (permit may be required though). And yes, you generally have to replace windows from the outside because of the way they are attached to the frame of the building. Answer #2: You call code enforcement and probably the city to report unlicensed and unsafe work being done.


Title: [KY] Severe airborne allergy in the workplace

Question:
My boyfriend has worked at a large corporate drugstore chain for nearly six years.

He has been diagnosed with a severe airborne allergy to a specific chemical compound found in memory foam.

By just being at work around memory foam products that the store sells (bedding, travel pillows, slippers, etc.), he is unable to breathe properly, has asthmatic symptoms, and has even taken workers comp before due to exposure.

Recently, it has gotten much worse as they have a larger stock of products (that don't even sell very well) and has resorted to carrying an emergency inhaler 24/7 just to breathe.

I'm not familiar with their policies and I'm worried that this will have a long term effect on his overall health and well-being if something is not done to accommodate him.

How can we approach his employer to resolve this issue without jeopardizing his job? If they refuse to accommodate him, what type of legal standing do we have?
Topic:
Employment Law

Answer:
 Employers are required by law to make reasonable accommodation.  The definition of "reasonable" found by courts is very, very wide and not at all intuitive, it errs far on the side of protecting employees in many cases. However there is an exception for undue hardship to the business and you must be able to carry out essential job duties with accommodation.  The definition of "essential" is also quite intricate and can mean that exempting you from tasks that other employees are expected to do may be considered reasonable accommodation depending on circumstances.

The ADA, however, requires you to ask for accommodation.  Have you considered what you would like to ask for?


Title: My Ex is threatening a lawsuit over a family dog biting her dog

Question:
I've been looking over Massachusetts law when it comes to animal bites and owner liability, but I haven't found anything when it comes to a dog biting another dog.

Here's the situation. We were all at my family's home, and my parents' dog was being fed when my ex's dog attempted to get into the bowl, and was subsequently bit. My ex was warned not to allow her dog near the other dog while she was eating.

My ex is now threatening a lawsuit for the vet bill, which totaled $633. First off, is this something I should be worried about? I really couldn't find anything about dog/dog liability as I mentioned above, so I'm not even sure what type of case this would be. Thanks in advance for your advice.

Answer: Why wouldn't they be responsible. Their dog injured hers. They are liable. If their dog is aggressive while eating it should have been put in a safe place.


Title: [Norway] Clients wants us to build an app that collects extensive user data without notifying the user

Question:
Hey, I work at an app development company.

A potential client reached out to us and wanted us to update the source code for his app as the previous dev supposedly was a pain in the ass to work with. When we looked over the code (which was horrible to say the least for those interested), I spotted that they were tracking location Always and also uploading their whole contact list if they got access. The client said that he often accesses the database and looks at this data to find out where his users live and who they know. The app is kind of a snapchat ripoff, so this data is not collected to serve any purpose for the app, just because he wants to collect some data to give his platform "value". I think he misunderstood that user data is only valuable when its used for advertising and not when its sold in huge bulks to someone, but thats not my problem.

Now, we obviously want a client because money. But, we are unsure if there are any legal issues for us to develop software that breaches basic privacy concerns. Is there any consequences for us to make this?

I told him we were displeased with developing such features, but he said that he assumes that we as a consultant firm will do whatever he tells us.

Answer:
 I am not a lawyer, so take with a grain of salt.

There are EU regulations that governs what you can allow your app to do in Norway. Google *Article 29* and the *Data Protection Directive*, respectively.

In Norway, the recommendations of Article 29 is implemented through *Personopplysningsloven*.

The short of it is that any data your app collects must be specified for the End User, and the End User must give *explicit consent* for those *specific*  data to be collected.

On top of that, Personopplysningsloven will regulate and limit the collection, storage, and use of, sensitive data. What is meant by sensitive data is sometimes difficult to nail down, so Datatilsynet recommends that App Developers treats *all* identifying information as such.

https://www.datatilsynet.no/Teknologi/Apper/Mobilt-personvern---godt-personvern-for-apputviklere/

Btw, Datatilsynet has *lots* of resources on this topic.


Title: My boyfriend needs out of his house

Question: My (17f) boyfriends (17m) family recently took a trip to Disney and invited me to go with them. His parents are very emotionally abusive and his father used to get physical with them in the past but it hasn’t happened in a few months. Over the trip there was lots of arguing and I wanted to come home and when my parents found out they wanted me to come home too. So, they booked me a flight back and called to ask his parents to take me to the airport but they refused. Then I was going to get an Uber and they refused to let me leave the room because they said they are teachers and are responsible for me and would call the cops if I left even though my parents told me to leave. My parents then called the cops who had hotel security escort me to the airport. The fight that his parents had that night had to do with his father being a little too touchy with their foreign exchange student (15f) and bringing up sexual topics in conversation that made her uncomfortable. He really wants to get out but he doesn’t know how he can without losing his new pc and other things he has payed for with cash (no record). I have recorded most of the arguments that his parents had with me and him just in case I need them. Any tips on what he can do to get out as soon as possible?

Answer: I'm just going to say this bluntly, if he's concerned about losing *material things* like a computer, I seriously doubt he's in an abusive environment to the point that CPS is going to intervene.


Title: Forwarded former residents mail after 2 months. Received an angry and threatening email a couple weeks later. What's my liability if any?

Question:
So I bought a house at the end of February and for 2 months I continued to get mail from the previous residents. Finally I got tired of manually forwarding everything and put in a change of address for them to an address listed as current in the whitepages. A couple weeks later a rather belligerent woman is emailing me saying I broke the law by forwarding her mail (away from my address) and that the address I sent it to wasn't in fact a place where they currently resided. My bad, but I gave them 60 days to do it themselves and they didn't. She claims she did fill one out but I think it's pretty obvious she didn't and right after I filled one out on their behalf I finally stopped getting mail. Do I have any liability for my mistake or is she just blowing hot air? Is it worth contacting a lawyer?
Topic:
Other Civil Matters

Answer:
 The change of address papers are pretty clear about the potential consequences of filling them out for anyone except yourself.

You need a criminal defense attorney if questioned by the police or anyone from the post office. Stop talking about this to anyone who isn't your lawyer, your spouse, or your priestAnswer #2: You're asking if there is any liability for filing documents with the federal government for somebody else without their knowledge or permission?? Yes, of course there is.

Don't say anything else about this unless the police come or if she sues you... I wouldn't worry about getting a lawyer until then. Hopefully she doesn't pursue this, but don't say anything to her or police until have a lawyer.Answer #3: Why were you manually forwarding anything? You can just write RTS on the envelope and put it back in the mail. Answer #4: After 2 months??? Honestly, my parents have had their house for nearly 3 years, and get 3-5 items a week for the previous owners. That has included packages from major companies (crate & barrel and Costco), from insurance companies (didn't look like ads) and from the IRS. For the letters, they just write "not at this address, return to sender" on the outside and stick it back in the mailbox. For the packages, their neighbor is good friends with the previous owners, and helped them set up a meeting to pass it along.


Title: Unique renting situation

Question: Okay so I currently rent a house in County Indiana. I signed a 12-month lease in September. About a month after my landlord informed me that they will be wanting to sell the house and whoever would buy it would become my new landlord. I was not too happy about this but I went along because I'm trying to be a good renter. They had multiple showings per week and they didn't give me a whole lot of time before they had the showing. So now it is December and they have found a buyer apparently. But because I signed a lease for 12 months I am legally allowed to stay here for as long as my lease stands I believe? This buyer came by my house tonight at 7 p.m. unannounced. I felt like this was quite weird but I let him in because he said he want to have a conversation and he had a case of beer with him. So I thought might as well hear him out and drink some of his beer. He proceeded to tell me that he was going to buy the house and that he would like to move in as soon as possible but he cannot do that unless I move out and he was trying to offer some other place and trying to make a deal for me to move out so that he could move in when he buys it. No it is not the best time for me to move especially because I am not financially ready to make another moves after I just did. My current landlord also text me this morning asking if I was wanting to move out early. I don't exactly want to move out as of right now but I'm wondering if I can maybe negotiate something. Because I do not feel like living here the next 9 or so months under the close in scrutiny my new landlord would be creating. Just wondering if I have any options thanks for the help.

Answer:
 You don't have to move. But if you're willing, you could ask them to pay your moving expenses and any difference between your current rent and the rent amount at your new place.Answer #2: NAL but this happened to me (tenant whose house was bought out).

You can definitely negotiate something--moving expenses, the difference in rent between your place/a comparable property you'd move to. My roommate and I were able to get our new landlords to pay for movers and to pay half our security deposit at the new place (with, of course, the guaranteed return of the deposit we'd already paid).


Title: Abusive parents blackmailing me

Question:
I ran away from my abusive and manipulative parents on my 18th birthday.  I left them a note saying that I was leaving and not to seek me out.  Before I left, I reset my computer and phone to factory settings.  I’d made several social media accounts that my parents were unaware of, so I could talk to my boyfriend (who they didn’t know existed) and had used the accounts on both devices.  I had also sent him a few naughty photos through these accounts through Facebook’s secret messages.

When I left, my parents called DHS and gave them my computer and phone to see what they could recover.  They were able to recover enough to see the photos I sent.

Now my parents and I are communicating and they believe I’m being held against my will and I have told them countless times that I am not, and that I am incredibly happy with my new life.  But they won’t give it up.  They’ve threatened to take my boyfriend and I to court over the child pornography if I don’t communicate with them at least once a week and during the phone calls, I can’t evade their questions.  Every time I talk to them, I have severe panic attacks during/after.  I don’t want to have my parents in my life anymore, but I don’t want to fight my parents in court.  I can’t get a restraining order because that will only tick them off more.  Does anyone have any advise?

Answer:
 They can't take you to court over CO, the police would do that.

Cut all communications with them, nothing good will come from it.

You're 18 and didn't run away, you moved out.

If they file a missing persons report the police will try to locate you. If they do you just tell them that you are happy and safe but want nothing to do with your parents at this time. The police won't share your location with your parents, they'll just tell them you were located and ate happy and safe.


Title: Serious - Husband was attacked by stripper and her bodyguard last night. He was forced to sign receipts for services. Do we have a chance or is he screwed?

Question: [deleted]

Answer:
 My gut feeling is that you should stop believing your husband's story and consider the possibility that he got drunk and decided to do blow and get an expensive handy or blowie from a stripper.Answer #2: >What are our options here?

Divorce is probably the best financial option. You should retain an attorney though, because you're far too gullible right now.Answer #3: Go to the police. But I have a sneaking suspicion that you don't know the whole story. Answer #4: He has options but he has to come forward and tell the entire truth to the police and a judge. If he is not willing to do that, then I do not know what you expect to recover since he will not come forward.

Your options are to go to the police, dispute the credit charge, and/or take this to small claims to recover the money. All of those options will include going into what happened, how it happened, and why he should not have to pay. Answer #5: Something tells me there's more to this story than what your husband has relayed to you.Answer #6: Your husband needs to go to the police.
And to stop going to strip clubs.  Or at least go to better ones.


Title: Airport lady took me off my flight unnecessarily.

Question: Just now I went in to check into my flight and the woman at the counter took me off my flight saying that I wouldn't have made the flight anyway because of how long the security would be. What can I do to either get a new flight of complain about being taken off my flight unnecessarily. What are my options at this point.

Answer:
 Just to cover the most basic question first -

How long before your flight did you (try to) check in?

How long before your flight did your airline recommend you check in?Answer #2: Didn't she put you on the next flight?  Go and talk to her.Answer #3: This is not yet a legal question.  Has this sub turned into adultadvise?Answer #4: >What are my options at this point.

To back to the counter and tell them to book you on the next flight, or issue a standby ticket.

She should have rebooked you right then and there. I don't understand.


Title: Can an employer dictate when/how you use PTO?

Question: I'm in the US, New Hampshire but I know this is done throughout the country. All of my experiences have been at schools public, private, and organizations that contract with the school. School staff are given very few personal/PTO days (I've seen as low as 2/school year, currently I have 6 for personal and sick time combined) on top of that there are pretty much always additional rules set for use of this time such as, "can't be used for travel" "can't be used for vacations" "can't be used to extend a holiday or school vacation." I know I don't \*have\* to tell them what I'm using the time for, though then you are often met with threats of time off being denied. Is it legal for employers to dictate how and/or when personal time/PTO is used?

Answer: Yes.  Use of PTO is generally at the employer's discretion.


Title: [KY] I have been trespassed from my own university.

Question: [deleted]

Answer:
 You refused to comply with a lawful order. That's what happens when you act like an entitiled shit.

Call the school, be polite and respectful, and work to get this sorted out. Answer #2: > I don't really know what to do.

Stop arguing with cops.


Title: letter seeking to locate person representing my father's estate after his passing but there is nothing

Question:
My  father passed away and the credit cards have been notified of his  passing. Also, his car was returned since he still owed money on it and  nobody in the family was going to keep paying it off.

A  letter came in from DCM services asking to locate the person who has  the authority to pay any outstanding bills from my dad's estate. There  is nothing in his estate, no assets, no property. The only money he had in the bank was less than $300. No savings either. It is why he did not have a will either because he did not have anything.

My mom does not live in the U.S. and cannot come to the U.S. anyways. They are married though.

I  do not know how to go about this. I cannot pay his debts at all because I am just a college student with low income. Besides, technically I am not his daughter because he is not listed as my father on my birth  certificate (even though he is my real father but that's another story).  My other siblings are from his previous marriage and are married. There  is only one minor child (my brother) and no inheritance money was left  anyways except social security survivor benefits. And that money belongs to my brother to meet his needs.

Answer: I don’t know how to handle the letter but I do know that you are not responsible for any of his debts. Do NOT pay anything toward them. Do NOT acknowledge them.


Title: Is it illegal for a landlord to discriminate based on occupation?

Question: I live in Oakland, CA. One of my roommates was moving out so I posted an ad on craigslist and found a roommate. Our applicant works as a paralegal for a non-profit that advocates for undocumented minors. We submitted her application and awaited our landlord to review it. With the end of the month swiftly approaching and we hadn't heard anything from our landlord we reached out to her as to what was taking so long. Our landlord then called me on the phone three days before the end of the month and went on a 20 minute tirade about how she didnt want someone to move in who would bring "social justice issues" into the community and that she was gonna deny her application. Is this legal? My friend's partner who's taking the bar said that your occupation isn't a protected status. Is this true? Can I really do nothing to stop this terrible person?

Answer: Your friend is correct, occupation is NOT a protected class.


Title: ONTARIO My employer wants to search my car (URGENT)

Question: [deleted]

Answer:
 You don't have to consent. If the police arrive, you still don't have to allow them to search, but they can investigate and may decide based on evidence that they have probably cause.

Either way, your employer is free to fire you for not letting them search. So if you don't have the money, keep in mind you probably just fucked yourself. If I were your boss, I'd be writing termination papers right now.


Title: Is it legal to start a corporation or sole proprietorship just to do personal stuff but feel cool while doing it?

Question:
Sometimes when I buy stuff online there's a field for a Purchase Order number, and that got me to thinking, would it be legal for me to register a corporation (or, failing that, just have a sole proprietorship so it doesn't look like I'm trying to avoid liability) so I could put its name and PO #s on orders so that I could get packages with the name on it, or print up business cards with the company name and me as CEO (or whatever else I want; I'd be Pooh-Bah), or keep books where I charge my personal expenses to the company (I wouldn't give those to the IRS; I'm not trying to commit tax fraud, just have some fun)?

I guess I'm thinking of something like what Kramer did on Seinfeld with Kramerica Industries. A company that's just one guy in an apartment that may or may not contain a chicken.

Answer: Sure, but it's going to cost money (incorporation, annual minimum taxes, etc.) and I'm willing to bet you'd screw up your taxes.


Title: [Canada] trapped at work and can't quit

Question: [deleted]

Answer: Find a new job that will pay it off for you as a sign on bonus. Quit anyway and risk getting sued.


Title: Hypothetical: If a minor/child hits you on purpose, can you as an adult hit them back?

Question:
This hasn’t happened to me but i was bored at work and i started thinking away.

Imagine a lil’ undisciplined kid hits you because their parents think “oh, thats what kids do”.

Or

A teenager hits you because for whatever reason.

Can you legally hit them back?
What constitutes self defense in these scenarios?

Answer:
 You can't hit anyone "back," legally speaking.

What you _can_ do is use reasonable force in self-defence. In the moment, as the adult in the situation, that's likely limited to things like holding the kid's hands away and bringing the kid over to their parents if it's safe to do so. With a teenager, and particularly if it appears premeditated, a police report might also be in order, although calling the cops shouldn't be your first resort. Once they've stopped trying to hit you, there's nothing to defend against.

_The parents_ may have the authority to impose physical discipline, such as a spanking or rapping the kid's knuckles. Studies strongly suggest that physical discipline doesn't effectively teach the lesson parents want it to teach (and instead teaches kids to fear the punishment, making it harder for them to learn how to behave when there is no risk of immediate punishment), and any discipline that causes injury will generally be viewed as child abuse, regardless of the kid's actions.Answer #2: Can you hit them back in retaliation for hitting you once?  No.

Can you hit them back as defense for a sustained and prolonged assault on you, stopping when you are no longer threatened with harm?  Generally, yes.

I see no situation where it would be ok to hit a small child, as they're small, they could hardly do any damage to an adult, and there are easier ways to stop them from hitting you than hitting them back.  I don't think you're going to get any leniency or sympathy from the police for hitting a child, and would likely end up facing criminal charges for doing so.

A teenager may be a different story.


Title: Michigan: Exbf is threatening me with legal action, he owes me money too

Question:
I was with my ex for four years, lived together for three. The end of December 2017 he moved into a trailer that I bought. He never legally had his address changed to where we lived in any of the three places we lived together. When I broke up with him I told him he had five days to get his stuff and get out. By day three he had not done anything to get out so his mom picked him up and removed him from my residence. I packed all of his stuff and sent it over to his mom's place.

While we were together I kept paying for things and he accumulated a debt with me that was worth $10k. This was also the amount of debt on my car so while we were together we verbally agreed he would pay my car payment. There is no legal leger or anything of the debt.

He has all of his clothes and personal affects. His family gifted us a lot of dishes and furniture (margharita glasses, wine glasses, two dining sets, milkshake glasses, fouton, bed, bedframe). Since he owes me money and I use that stuff I said he can have it back when he pays me.

Today he said that he was willing to make my life hell if I didn't return the stuff. He claimed I violated thw Michigan Housing Act by kicking him out. He said he can take me to court for holding his family things for ransom. (Note: None of it is heirlooms). I told him if we draft a legal document for a payment plan I will return it and he has not responded.

Another issue is he has online friends and I don't know if he's blowing smoke but he said last time someone in his teamspeak had their gf break up with them another teamspeak member framed them and they ended up going to jail.

How can I protect myself from him? Is there any way to get my money back? Do I legally have to return those things his familt gave us?

Answer:
 You probably did illegally evict him.

It doesn’t matter if his stuff are heirlooms or not, you can’t deny him those things unless you have some sort of legal process that lets you garnish his stuff.

You are likely entitled to at least half the stuff that was gifted to the two of you.

Since he does have a viable case for illegal eviction, it is probably best to play as nice a possible and keep this out of court. He can get 3 times actual damages for the illegal eviction. You can sue his for what he owes you, but you are going to need some evidence that he agreed to repay money that you spent.


Title: Oregon: Meth house update. Legal is dragging on.

Question:
[Previous post](https://www.reddit.com/r/legaladvice/comments/34l6az/another_update_on_the_meth_house_oregon/)

They replied the day after requesting to mediation, and my lawyer said it was probably a good idea to go to mediation. They then stated that they were trying to get insurance involved on their end, which was taking a while because their broker was out on vacation. Weeks go bye, and finally they get an adjuster to come by the house. I have to show up there and the adjuster doesn't even go inside, takes some pictures of the outside. Another week goes by and insurance denies the previous owner's claim.  Which leaves me a little worried the apposing party doesn't have any money to deal me. Anyways mediation is getting scheduled for late August or early September. Anyone have any advice for going into mediation and what to expect?

Edit:

I forgot to mention that I am unable to go after my realtor for giving me bad advice to not get any additional tests that my inspector said I should get (one of which was a "drug test"). The issue is that Oregon law requires a real estate agent to testify that my realtor had done something unethical and it caused me damage, and I have been unable to get any realtor to touch this. The second I state it was meth or that I have a lawyer they stop talking to me right away. Though every one that I have talked to has been willing to let me know I have a very good claim against my realtor, and wish me the best of luck. It is rather depressing to not be able to get an expert witness for this.

Answer:
 good update! and glad you are feeling better.

>The issue is that Oregon law requires a real estate agent to testify that my realtor had done something unethical and it caused me damage, and I have been unable to get any realtor to touch this.

Yeah, we had to go towns away to find a lawyer willing to sue another lawyer (which we did, successfully). I guess that's 'professional courtesy'?Answer #2: IANAL but I think you might have better luck getting an expert witness if your attorney tries to hire one rather than you, and you'll probably have to look for one from out of town.


Title: 35, inherited $30,000. Never got to see the trust, unsure if I got what I was entitled to.

Question:
 Grandmother passed away and left a trust for her 4 children (3 aunts, and my father). My father passed away in '97. When my aunt called, she told me I was getting his share of my grandmother's money. She told me that the trust was made in the 80's and was structured in some way that all of the siblings had to be there to sign off on things. She used a copy of my dad's death certificate to advance things. I gather that my other aunts signed over some kind of authority to her so that she could disperse the trust without hassle. I never saw any paperwork, nor was I invited to any meeting, so I know nothing about this.

My Aunt later called me and told me that I would need to come see her to receive a cashier's check. I arrived, and she told me that after my dad had died, my grandmother had rewritten/restructured (can't remember exact words) the trust so that I would receive 1/8th of the trust, this being almost $30,000. When I asked about taxes, my aunt told me that this was a gift, whether from my grandmother or from my aunts running the trust, I don't really know what she meant. She gave me the EIN number for the trust, and I copied the trust number when she had a folder open, but I have no idea who processed this trust or how to go about finding information.

I want to see the trust, but I don't want to destroy family relationships, and I don't have the money to hire an attorney. I definitely don't want to through away my inheritance gambling on having a bigger amount, only to find that everything is correct.

Advice?

Answer:
 - Are you receiving 1/8 of your share, or is your share 1/8 of the entire trust?

- re: taxes: you shouldn't have any tax on account of the distribution unless it was a distribution of income. It doesn't seem to be.

- Assuming that everyone is in CA^1, then you appear to have a right to the trust instrument. See [Probate Code 16060.7.](http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=16060.7.) If I were you, I'd ask for a copy of the trust for my files.

^1 This matters: states have different law, and the applicable law is often based on where the trustees do their work or where the decedent resided if it's a trust established at death. So if your aunt is the trustee and in another state, or grandma lived in another state, it could be a different.


Title: Dad's a deadbeat, used my mother's checks to pay his child support obligation

Question:
My dad got his hands on my mom's checks. She just found that he used her checks in order to fulfill his child support obligation.

This is illegal, yes?

A year ago he forged her signature to get a 100k at TD Bank. The police dept referred her to the bank, the bank referred her to the fraud dept, where nothing really came of it, so im not hopefully anything will come of this

Isn't this check fraud? ID fraud? I'd love to see him to go to prison/jail for this, but I'm not sure what can be done.

Answer:
 Cashing a check made out to someone else is forgery, and can be reported to the police. It's not extra special forgery because he used the funds to pay child support; it doesn't really matter what he used the funds for. But you're saying he took your moms paycheck, cashed it, and then gave her own money back and called it his child support? That's pretty ballsy.

What was the check from?Answer #2: Are your parents still married?Answer #3: File a police report in person. Do not let them turn you away.
Supply the police report to the bank.

Expect dad to spend some time awayAnswer #4: Is his name still on these accounts?


Title: Someone Took a Picture of My License Plate While Driving. Can someone report me in Maryland?

Question:
Basically I was entering an entrance ramp onto the Highway and the Driver of the Vehicle in question was in front of me driving slowly. Once we get to the acceleration ramp she's still driving at a slow pace and so I speed up and quickly change 2 lanes to merge unto the highway. I guess she saw what I was doing so she decided to speed up and quickly change lanes as well.

I eventually get into the fast lane, and I pass her. A mile later I take my exit to get off the highway and she does as well but she keeps a good distance. I have to make a left and as a I make a left the left turn light turns yellow, I get through easily but she literally guns it to also make the left turn as the turn signal light turns Red.

We are now at a 30 mile/hr road and as I slow down to turn into my destination I see her in my rear view mirror position her Phone above her steering wheelin plain sight. She is clearly taking a photo of my license plate. I see her look at my car a little longer as she passes and then shes gone.

Is there anyway she can report me to the police and as a result get a citation? Aside from speeding, I didn't cut any one off, I used my turn signals to change lanes, and I didn't run any red lights.?

Edit:

In Maryland it is illegal to use hand held devices while driving. Wouldn't she be in more trouble seeing how she took a picture of her phone? Also if your license plate is reported, will there be some type of history added to your driving record attached to the license plate?

Answer:
 Anyone can report anyone else to the police any any time for any reason.

The police can take action on such reports. Odds of the police taking action for a speeding ticket is rather low. Answer #2: If anything comes of it, point out to the police that she was literally taking pictures while driving.Answer #3: She can report you, the police may contact you. If they do, you do not even have to talk with them. If they leave a VM, don't return the call. If you answer, then ask them, "can you please explain to me what this is about?"
And then, just say, "I'm sorry officer, but with due respect, I am going to decline to answer these questions. Thank you for your call."

The reason for this, is that if they are going to send you a ticket, they are going to send it whether you talk with them or not. You aren't going to talk them out of it by talking with them. The only thing you're going to do is talk them IN to sending you one, by admitting (purposely, or by mistake) you broke traffic laws (just like you did in your OP).

If you get a citation, fight it. Otherwise, just relax, likely nothing will come of it.