Title: (NC) My ex is suing me in small claims court for items she bought prior to breakup.

Question:
I broke up with my now ex in mid-April.  She's an alcoholic, and after yet another relapse, I simply couldn't take it anymore.  She was cruel, unstable, and yes, physically abusive.  After I left, she took the stance that I owed her money for several things she purchased for during our relationship.  Her reasoning is that, because I broke up with her, I owe her.  If I didn't break up with her, I wouldn't owe her for them.   For the record, from the start, I've told her I didn't owe her a dime.  I gave her all of her property back.  After repeated emails, texts, and voicemails that I did not answer, I was served with a magistrate summons to appear in Small Claims Court.

Included are:

-**Airplane tickets to see her family out west**.  She purchased the tickets, and stated, over FB messaging, she "wanted me to go."  I have proof of this.  The purchase was made the day after my birthday.  She paid for plane tickets to the same destination in November and did not ask for, nor did I offer, compensation for those.   She purchased the tickets prior to our breakup, but we broke up before the trip.

-**A framed art print**, purchased during my birthday weekend.  She bought a companion piece so that we could have the "set" together.   She purchased the print before the breakup, but it was not ready for pickup until after the breakup.

-**The cost of developing photographs.**  Without my permission, she took 12 rolls of old film and had them developed as a "surprise" for me.  The photos are of relatives that have since passed away, and my dog, which is also dead.  She's refusing to give them to me unless I pay for the cost of developing them (and all other costs).  She may have destroyed them.

-**An active Costco membership** under my name that she renewed without my knowledge or prior permission.

Amount in controversy:  ~600.  The complaint is one sentence, word for word:

"Mr. X ended our relationship and is refusing to pay for his financial responsibilities."

12(b)(6) isn't applicable in small claims in my state, so I can't request dismissal on failure to state a claim.

Caveat:  I'm a non-practicing Attorney who works a regular office job, so i'm rusty as far as this goes.  I believe I'm well within my rights under gift law, but I'm admittedly biased.  I am also concerned that she may receive sympathy from the magistrate if I present my case as a lawyer, and not as a layperson.

**My questions:**

- Do I have a valid defense here?  Are the dates of purchase relevant to proving donative intent?

- Should I mention the abusive nature of our relationship, and her alcoholism, at the hearing?

- Do I have a valid counterclaim for conversion regarding the developed photos?

I'm completely stressed and devastated over this.  I've had to see a psychiatrist and be put on additional medication just to sleep.  I cannot believe she took it this far, as she has taken so much from me emotionally and physically already.   Any suggestions or help would be MUCH appreciated, because my disappointment and resentment cloud my thoughts.  Thank you to all that can assist.

Answer:
 >Do I have a valid defense here? Are the dates of purchase relevant to proving donative intent?

If she bought something **and** it's back in her possession, she won't be able to recover damage since she has none.

>Should I mention the abusive nature of our relationship, and her alcoholism, at the hearing?

Have you suffered measurable damages as a result of her abuse? If so, it might have some bearing. Otherwise, it's doubtful it'd help.

>Do I have a valid counterclaim for conversion regarding the developed photos?

Possibly. If you can prove she took something of yours without permission, you may be able to recover damages amounting to the value of all those films.


Title: Is it legal for my mom to try and spy on my computer and ask for my password (14) (California, USA)

Question: Title says it all. My mom asked for my password so she could try and spy on my PC. Does this violate any of my legal rights? The first amendment even?

Answer:
 Your mom can 100% look at everything on your computer, everything you do online, etc. If you don’t give up the password she can take you computer. Answer #2: Entirely legal, nothing to do with the 1st, 4th, or any other amendment.  If you don’t give it to her she can take away the computer, ground you, and otherwise punish you so long as you are not physically assaulted or denied the essentials of life (food, water, bed, clothing, etc...)Answer #3: The first amendment (and the rest of the bill of rights) generally protects you from the government. Your mom as your legal guardian can choose to employ a wide array of powers to run your life as she sees fit.Answer #4: You are a child. Yes, your parent can monitor every piece of technology you come in contact with.

They could just take it away and not let you use it at all.


Title: What would it mean if you looked up your address on radaris, and a person listed at that address never lived there?

Question: I have lived here for years.  When I was just looking at the radaris entry for my street, at my address a name appears that has never lived here, and nobody knows.  How could that be?  It is not an OLD name either, this person is in their 30s.  Never got any mail here for them.  Detroit, Mi

Answer: Maybe that person......is in your house right now! Or maybe there was a mistake. Does this really seem that important to you?Answer #2: It would mean that the data in radaris is crap - which is what anyone who knows anything about that type of data already knows...


Title: TX,USA I'm being threatened. What are the laws regarding pet sales?

Question:
Hi LegalAdvice,

I purchased a cat last weekend from a major pet store adoption event. There was a third party foster network (non-shelter) that I adopted the cat from. I paid $100 in cash (pulled from the store ATM) I received the cat, the original veterinary paperwork, and the microchip. I also received a confirmation email from the major pet store with my name, the pet's name, and the foster network. At the event, they did not ask me to sign anything. I filled out an application online prior to arriving.

Fast forward to today. The foster network is leaving me numerous harassing phone calls. They want me to drive to their facility and sign a contract that I do not agree to.

They are claiming the cat is still theirs, and they have threatened to send police to my house. I paid money, they gave me the cat. I don't think that I should have to sign a contract after the fact.

Do they have any grounds?

Answer:
 First of all, thank you for adopting a pet, instead of buying. Your new friend is lucky to have you (although, if he's like my cat, you are now a cat butler).

You have the adoption paperwork, the receipt, the microchip and the vet paperwork. Animals are considered property (fuzzy, cuddly property), and you've made a proper sale.

Tell these old ladies to pound sand, but gently, because they are doing a much needed service.


Title: [NC, US] End 3-year employment contract early?

Question:
I recently joined a company and signed a 3-year employment agreement, but the role is not one that I want to stay in long-term. Other prospects fell through and it was my best alternative to unemployment.

I'm wondering if it would be possible to end my employment early (upon finding a new job) before the 3-year period is up.

The contract states:

"Employee will render the Services to the Company for the period of the Term of Agreement and, should Employee continue in the employ of company after Expiration of this Agreement (and a new Agreement is not entered), for that period of time, Employee will be 'at-will,' subject to the conditions which expressly survive termination of this Agreement."

Under reasons that could cause the agreement to end, it says:

"... as otherwise provided in this Agreement or by North Carolina law."

My understanding is that NC is an at-will state, so would this factor into the section noted above?

I've read over the contract multiple times, and there's no place that explicitly states how an employee would end their employment before the contract period is up. There's a section that notes a "refusal" to perform services by the employee, but that's as close as it gets.

Any thoughts would be much appreciated.

Topic:
Employment Law

Answer: You should have an attorney review the entire contract and advise you.


Title: Legal Definition could Thwart My Career Idea

Question:
TLDR: The legal definition of “general direction ” could make or break my career idea. How involved would a doctor/nurse have to be in my personal weight loss/fitness business be to be considered under the

I have 90+ credit hours but no degree, I have been trying to decide what I’d like to do to finish. After losing 100lbs I’ve become very passionate about nutrition and fitness. My plan was to finish with a bachelors degree in nutrition, become a certified personal trainer and start helping others while building my own health/fitness business.

Here is the problem: I discovered Kansas (the state I live in) has some of the most restrictive laws concerning “nutritional counseling” - you have to be a Registered Dietician which is significantly more difficult than just getting a bachelors degree in nutrition (plus it includes quite a bit about managing and planning food for large businesses like hospitals and schools which I am not as interested in”

I have been reading through the law and the only path I can see to proceed as I have planned is if I am operating a weight loss program under “the general direction” of a medical professional- so If I could partner with a doctor or nurse I should be golden. I am just trying to figure out the bare minimum to be considered “general direction”

Answer:
 There is no part of this that is within the scope of this sub.

If you're starting a business and you need specific advice about that business to stay within the bounds of the law, then the very last thing you want is to be in court for screwing it up and saying "well Reddit told me it was fine!"

Find a lawyer with experience in the industry and follow his or her instructions.Answer #2: I agree with /u/Cypher_Blue. You need to talk to someone in Kansas who is familiar with Kansas law on the subject. You're gambling your career and a lot of money. Don't make that gamble on the advice of internet strangers.


Title: I got pulled over earlier today, just had a few questions and would appreciate the help!

Question:
Hey guys so I was pulled over today in Pennsylvania, for the first time in about 8 years for "texting and driving" the officer said he seen me holding my phone extended to the steering wheel, "typing a text or email".
However, I was not texting at all! I was holding my phone to my ear sideways, (so that the iPhone speaker on the bottom was at my ear) using a baby monitor app to listen for my dog who has terrible anxiety and was home alone in the crate.
The app allows you to talk into the phone as well, so when my pup starts crying I talk into the phone to try to calm him down. My text records show I didn't send or receive a text within an hour or more from the time I was pulled over, and zero phone calls.
Is there anyway to fight this? I would appreciate any and all help!

Answer:
 Depending on what state you are in, the "device while driving" law may be very broad or very narrow.  It is possible you violated it even though you weren't texting or e-mailing.

It is likely not worth it to fight it, but you could consult with a local attorney to see what your local law specifies.


Title: Cop tells my brother to break up with his pregnant girlfriend and kick her out

Question: I dont know the full of what happened because I wasnt there at the time. my brother is on parole for felony injury of a child when he was 19. His parole officer showed up today and walked in on his gf with no pants on. I then learned that his po has demanded they break up and that she can no longer live in the house effectively making a 2 month pregnant woman homeless is this even legal

Answer:
 Let me make a guess:

Bro “yeah, so my GF I didn’t mention is preggers!”

PO “living with kids is a violation of your parole.”

Bro ...

PO “so one of you needs to move”

Bro ...

PO ...

Bro “so what your saying is that you’re going to make my preggers GF be homeless?”Answer #2: Does he know that she was pregnant? His PO may be saying she'll have to move soon if he's not allowed to live with children.

There's also a good chance that you're not getting the full story here.Answer #3: I suspect this

> felony injury of a child

combined with this

>pregnant woman

may be the issue, even though I think the move by the PO as presented is a little extreme. Whose name is on the lease? That may have dictated telling her to leave (if she's not the one on the lease).Answer #4: Parole officers have substantial influence on his living arrangements, yes. If the PO decides the environment is "bad" (for whatever value of "bad"), your brother's options are to comply, to go back to prison, or to appeal to a higher authority at the parole office. this latter option probably should be done through his attorney. Answer #5: was it a sexual injury of a child?


Title: [US] International traveler, company won't answer queries on US CBP search policy. Lost and confused as to rights/legal obligations for electronics search.

Question:
So I work for a large software company in the US branch (XYZ America). My paychecks are signed in the US, I'm legally employed in the US, I'm a US citizen. I regularly do work in a second country, and therefore I regularly cross the US border in both directions (out and in).

Lately (since the start of this year) there has been an increasing number of device searches at US Customs & Border Protection, including searches in which US CBP expects devices to be unlocked and then searched by such personnel unaccompanied. These searches represent a tiny amount of border crossings but are up massively from what they were before and represent a real possibility given the fact that I cross the border frequently. As a US citizen I ultimately cannot be denied entry - *but* they can detain me for up to 72 hours and seize the electronics I have (company phone, company tablet, company laptop, plus whatever else I carry personally but that's not subject to debate or question here).

I filed a support ticket with HR asking them to clarify what the company policy was in regards to device searches for corporate owned devices and how I should react (basically, should I unlock my device or not for US CBP). HR sent it to IT, IT sent it to Travel, Travel closed it without any reply whatsoever. I can open another ticket but I have a feeling I'll just be playing limbo again. I'm at a large company (50,000+ employees worldwide) so I don't have any confidence in trying to reach out to leadership directly for an answer.

Ultimately, my electronic devices contain sensitive information from not only my own employer but the customers I work at. These include (but aren't limited to) passwords/credentials, information on security in their setup (and potential issues/weaknesses in it), overall architecture, versions of the software, etc... I don't want to create any undue burden to customs where I don't have to. At the same time, I don't want to get fired because all of my electronics were seized and I was held at a point of entry for three days straight because I didn't let a CBP officer inspect my electronics.

**tl;dr employer won't answer questions on how I should react if a US Customs officer asks me to unlock work devices. Is there any legal precedent or guidance that I can rely on?**

**EDIT**: In regards to /u/locationbot specific state law doesn't apply as this applies through entry at US Customs regardless of what state the border crossing occurs in and method of transport (air/sea/land). Some crossings occur in different US states, others occur at US Preclearance locations in foreign locales. No specific state law necessarily applies that I'm aware of, although I'm posting on a subreddit for legal advice and any advice on how that might vary would be appreciated.

Answer:
 This is a company policy issue, not a legal issue as such. You've already got a solid handle on the legal elements. Get the VP responsible for Travel on the phone or in a meeting room with you and ask. Face to face, if you have to. Explain that you've tried to get a clear answer from their department, if they ask why you're bothering them with it.

If that doesn't work, call the company counsel up and ask. In this case, your interests (in not getting sued by your employer or detained by CBP) line up with the company's (in not having customer information disclosed or being sued by the affected customers).


Title: The hospital destroyed my child's brand new wheelchair

Question:
My daughter was born without the use of her legs, and now that she's old enough, we just gifted her a brand new, reinforced and mechanized top of the line wheelchair that cost me $8000 and was her favorite thing in the world.

I don't know what to do at this point... the hospital told us it was incinerated due to it being part of a hazardous breach of some kind.. they told me that there was nothing they could do and then hung up on me as I complained

This is so heartbreaking

Answer:
 What kind of hazardous breach? What kind of hospital? Is your daughter a long term resident there? This story needs much more detail if you want useful help.Answer #2: I agree with /u/panic_bread. You didn't provide any relevant detail whatsoever. You should also talk to your insurance provider, because you did get insurance coverage for your $8,000 investment, right? Answer #3: Believe it or not, it may actually be covered under your homeowners' policy, as crazy as that sounds.

You do need to let us know where this happened.  Based on JUST the information you provided, I would guess that as long as you or your daughter didn't cause this "hazardous breach," the hospital should be talking to you about making this right.  But the easier route may actually be through your homeowners' policy - make a claim, suck up the $500 deductible (I'm guessing), and continue to care for your daughter.

I do not like that you and your kiddo have been treated this way.  Get us more details.Answer #4: What happened? Where you in the hospital? I'm sure wheelchairs are made to be cleaned and a hospital would know this. So many unanswered questions. Answer #5: How did the hospital get your wheelchair?Answer #6: Find a lawyer with medical malpractice experience in your area. They'll be familiar with the hospital and may have handled a similar incident before. Talk to your insurance agents as well and see if it may be covered by one of your policies.


Title: [CA] Clickaway destroyed my iphone 7 what can I do

Question:
I took my phone to ClickAway to get the broken screen fixed and at first they said it would take 5 days to fix it. 5 days turned into one week then one turned into two then two turned into three.

Just yesterday, three weeks later they called me up to pick it up but when i got there they told me they couldnt fix it and on top of that the phone doesnt even turn on anymore.

What can I do?

Answer:
 Have you tried charging it? After three weeks, it may just need to be charged.Answer #2: IANAL but I'm gonna hop on and second u/EXTORTER's comment

Filing a corporate complaint will most likely be the best option. Bark as far as you can up the ladder. That being said, do not mention any intent on going the legal route to resolve this until you're 100% positive you are going to do that. Many businesses will refuse to talk to you further if you mention litigation and will simply state, "sorry, we cannot further discuss this matter with you." Granted, the ability to have such a policy may vary state to state so I can't say 100%. Just my experience.


Title: Wife wants me to sign a quitclaim so she can refinance during our separation

Question:
My wife and I have decided to do a trial separation. She will stay in the house while I move out. She's concerned that mortgage rates will bounce up by the time we make a decision about divorce. She's asked me to sign a quitclaim deed so she can refinance the mortgage into her name now.

We're Nebraska residents. What will this do to my share of the equity in the house? We're still married, so will it be included in marital property during any divorce settlement?

Answer:
 Under no circumstances should you file a quitclaim without talking to a lawyer first. In the event your wife files for divorce, you've just potentially changed the nature of the marital assets and potentially shot yourself in the foot.

Do not sign. Seek the advice of a competent divorce attorney as soon as you can.

Edit: Typo


Title: My brother was arrested when he was 18 (Would prop 57 benefit him in any way?)

Question:
My brother was in and out of juvie in his teens years. When he turned 18 he was finally put away for a long time. He was charged with PC215 and PC211. Our familiy knows that he got what was coming, but we also know that he was in heavy drugs and was in a gang. He was sentenced to twenty something years in prison and has completed about 6 and a half. We've moved away from where he grew up because my sister was starting to go the same route as he was. We moved to a better location and now we're a happy family, but we miss my brother. We know he has a good heart and was only capable of doing what he did because he was in drugs. Anyways i'm getting off track, He sent me a letter hoping for me to get more information on prop 57 and find out if it can help him in any way, he is a changed man as he has grown up. He isn't asking to be release but to atleast get years taken off his sentece. Any more information would be extremely appreciated. Thank you!

EDIT: We're from California

Answer:
 This is all assuming you are in CA

Here is some information on [Prop 57](https://ballotpedia.org/California_Proposition_57,_Parole_for_Non-Violent_Criminals_and_Juvenile_Court_Trial_Requirements_(2016)

If your brother was convicted of robbery and carjacking it does not appear that Prop 57 will benefit him as both of those crimes either require violence or the threat of violence.  Answer #2: What exactly was he convicted of?


Title: How much control does the father of an unborn child have over what it is named

Question:
Location is New York. I posted about something I was dealing with a while back and got a lot of great advice, and now I'm back on behalf of a friend. Names are made up blah blah blah.

So my friend Amy is a little over seven months pregnant. She is not married to the father, Bill, but they had been together for quite a while and got engaged early last year. A few weeks ago, she found out that her fiance had been cheating on her with his ex since at least November of 2019.

Anyway, Amy was raised by her grandfather and wanted to name their son after him, but Bill's family has a tradition of naming first born sons after his great grandfather, who was a locally famous public figure (making him Bill Lastname IV). Since discovering his infidelity, Amy has decided that their son will be given her last name and her grandfather's first name. She hasn't actually told Bill about her plan because even pretty innocuous conversations have turned into him shouting and insulting her since she left him, but she went by their old place over the weekend to pick up some of her things, and Bill said he'd fight her tooth and nail if she tries to name their son anything but Bill Lastname V (I witnessed this, as I was there to help move some of her stuff and in the hopes that my presence would keep his behavior at least somewhat civil).

This is a pretty big deal to her - she'd always planned on naming her first child after her grandfather (with a feminine variant of his name if her firstborn was a daughter), but was willing to make the concession to Bill because she cared about him a great deal and maintaining the family name thing is important to him. She's obviously not quite as concerned with his feelings after everything that's gone down, but now she's terrified that he's gonna drag her through legal hell over it. Does she have anything to worry about here? If so, what mechanism is there for Bill to try to force her to give their son his family name? Is there anything she can do to get ahead of things? Any other advice or suggestions would be appreciated.

Last thing - before anyone accuses her of doing this out of spite, the situation with Bill's infidelity is an even greater breach of trust than it would usually be, even considering her pregnancy. The specifics just aren't pertinent to the issue at hand and I didn't want to make this post any longer than it already is. Brevity is not my strong suit.

Thanks!

Answer:
 >She is not married to the father, Bill

I stopped reading here.

The father has no control over what the child is named.


Title: Is it possible to break an apartment lease?

Question:
I'm not going to bore you with the details, but I was curious if it was possible for an attorney to get me out of a lease on an apartment complex.

If anyone has any experience with this, or knows what kind of parameters must be met for this to be taken seriously, that would be great.

Thanks,

Answer:
 > Is it possible to break an apartment lease?

Yes.

> I'm not going to bore you with the details

That is unfortunate, as details dictate whether or not a lease can be broken.

> but I was curious if it was possible for an attorney to get me out of a lease on an apartment complex.

It depends.

> what kind of parameters must be met for this to be taken seriously

No idea what you mean by this.

Generally, there must be a valid reason to break a lease.  If you're like the majority of posters that come here, then your reason is not a valid reason to break a lease.  But I have no way to guess.


Title: One employer, two companies. WA

Question: A buddy of mine told me about an old job he used to work where the employer would pay him with two checks from different companies that he owned (allegedly one was in his name and the other his wifes) the checks would split his hours so that there would be no overtime on either one. My question is, is this legal?

Answer:
 No.Answer #2: Your buddy was almost certainly in a "horizontal joint employment" situation that required him to be paid overtime regardless of which party wrote the paycheck.

The overall situation would be considered by the Washington Department of Labor and Industries if he made a wage claim.

If he had the same manager, same work tasks, or same location for the labor that went into these split paychecks, they're almost certainly not doing this legally.

If his job was split between locations, and scheduled by different persons, and had different work tasks, then maybe it was legal.


Title: Canadian visiting the USA: Are you allowed to distribute resumes / attend interviews while visiting the USA on vacation?

Question:
As the title states. Some research says this may fall under the "Business" category of the Visa Waiver Program, and participating in those activities while the purpose of your visit is "tourism" may be a violation.
Thoughts?
Topic:
Immigration

Answer:
 I sure as hell wouldn't tell anyone at the border that those things are in your plans.  That's a really good way to turn a few quick questions into a huge hassle even if it's perfectly legal.Answer #2: just keep your resume in your email and print it out when you are here.

No need to tell them everything you'll be doing while here.


Title: Ex-Wife [NV] may have committed insurance fraud while we went through divorce.

Question:
We were in court multiple occasions and she made zero mention of this having happened. She claims to have rented a car, drove it out of state, and that it was stolen. The stolen car isn't the issue as the rental company is covering that part but rather she has claimed jewelry that was in a bag in the back seat. The claim is going against the car insurance I pay/paid for.

When we met long after court I mentioned to her that I hoped she got a good price for her rings as they were over $10k. She said she still had them.

So my question is... what should I do with this information? I would be willing to testify in court that she admitted to still having her rings that she received an insurance payout on.

Answer:
 IANAL, but as the owner of the insurance policy with knowledge of a false claim, it seems like you are now party to insurance fraud, and may be liable/prosecutable as an accessory to her crime.

Talk to a lawyer about how to disclose this information to the insurance company/law enforcement without implicating yourself.

If she's willing, _maybe_ your ex can report "finding" the jewelry, and hopefully return the insurance payout without consequences, but you should consult with a lawyer to be sure it's handled in a way that won't implicate you. Answer #2: How can OP be a party to the fraud if he had no prior knowledge?  When he had knowledge, he is seeking advice on how to go about reporting her so I see no issues for him as long as he does the right thing moving forward, namely seek legal counsel in case the wife tries to implicate him falsely.


Title: I want to stop my divorce

Question:
After finding out that my wife was cheating on me, I filed for divorce during a fit of anger. She said that she didn't want to file for divorce but since it's already started, she doesn't want to stop it now. I on the other hand have finally calmed down and would like to call it off. Do I have that power as the petitioner, or do we both have to be in agreement to dismiss the divorce? Or is there anything I could say to the judge to convince them to not grant the divorce?

EDIT: I'm in Colorado.

Answer: You both have to agree to dismiss the divorce case.


Title: [TN] I adopted a dog. Do I have to respond to the humane society check ins and allow them in my house? Is their "contract" actually legally binding?

Question: [deleted]

Answer:
 I've adopted several animals that had a clause along those lines in the contract. I received one phone call after a couple of days (*that I answered*) and all they wanted to know is if the animal was doing well.

In the years since then, I have not had any other contact.

Why not just speak to them once and see what they want?Answer #2: > "I must allow the humane society access to my home for check ins whenever they see fit."

>  (they have called 3 times already. I only have had the dog since wednesday Today is saturday.)

The hell. No that's not normal.

What did the contract with them list as a penalty for not following these conditions?


Title: [Calif. hypothetical] What can a landlord do if emergency repairs are needed, but tenant refuses to allow access to property?

Question:
This is hypothetical because it doesn't involve me; it's a drama I'm watching unfold across the street.

I returned from an overnight trip to see that a massive tree limb had fallen on the roof of my obnoxious neighbors' house. They were very lucky. The limb didn't completely detach from the tree, so was hovering about a foot from the roof. It also missed the roof-mounted HVAC. A tree service company was beginning work.

Shortly afterwards, I heard yelling. The neighbor was ordering the tree guys to get off the property in loud & obscene terms. However, it's a rental. The tree guys sat in the shade twiddling their thumbs for about a half hour, then went back to work. My guess is that the property owner, a conscientious landlord, had a "chat' with the tenant. (The landlord has told me privately that he doesn't want to deal with eviction, but will not be renewing the lease, due to the behavior of the tenants. Unfortunately, the lease has about a year to go.)

My question is, what if the tenant had been completely intransigent and refused the landlord's request in no uncertain terms? What would the landlord's options be? Obviously, the landlord had already given permission, but the tree guys are not obliged to deal with some unhinged guy who might or might not turn violent. Could the landlord get the cops to intervene (after all, this is a health & safety issue)?

Also, if the limb had hit the roof and/or the gas-fired heater, the house would most likely have become uninhabitable. What are the landlord's obligations here? Would he have had to put the tenants up in a hotel? Could he use it as an excuse to break the lease?

Answer: Usually leases have built in clauses allowing for emergency access. Refusing access would be violating the lease and tenants would be subject to the penalties of doing so. On the off chance the refusal to allow access causes more damage, the tenants can usually be liable for the  difference in repair costs.


Title: If I snitch can the person who gets searched find out? Ontario, Canada

Question: I was recently searched for trafficking but nothing was found and I want to find out who snitched on me, is there anyway to find out? I live in Ontario, Canada.

Answer: You are the reason why people can tip off the police anonymously.


Title: [Chicago, Illinois] Landlord claimed we (tenant) damaged granite countertop via text four hours after walkthrough, said he will check cost to replace and ask what we'd like to do to replace it. Next steps?

Question:
We rented a unit for about 5 years. We just did a walkthrough of the unit, and the owner checked a few things, then proceeded to write a contract for us to pledge to pay a small sum to cover the cost of a small cleaning item (inside stove). We signed, handed over keys, left.

Four hours later, he sends a text with an image of a crack in the granite in the kitchen. He said that upon closer inspection after we'd left, he noticed a crack that supposedly did not exist when we first received the keys several years ago. He said he'd get an estimate to fix, then we could decide what we'd want to do to replace after the estimate.

The crack is in a cutout piece of granite in front of the stovetop 2.5-3" from edge to stovetop. This piece is separate on both sides by a "seam"--i.e. it is a distinct piece of the countertop.

Our original photos from the initial sweep when we first moved in are not clear enough to show this area with detail. This is also true of rental's original listing photos. We may find more images with greater detail, but have not yet.

The wall in the room opposite the kitchen, shared by this unit has a decently sized foundation crack in it. Unclear if that is related.

The security deposit was a few thousand dollars. My SO and I are lucky to be in good financial health, so this is not of great concern. However, the issue itself is of unclear financial impact. However it is stressing me out, even thought I suspected this man might try to do something like this (just from his character--lack of responsiveness in fixing things, quick to blame me historically for issues unrelated, etc.)

I'm trying to understand my best next steps. Should I seek representation? Should I prepare to sue him small claims, assuming he will not be returning my security deposit? Should I prepare against him trying to sue me (if the cost is in excess of the deposit, which seems possibly but quite unlikely to me)?

Thank you so much for any help and for taking the team to read!

Answer:
 Landlord in Chicago. If he doesn't have before/after pics of that granite top, he is out of luck. If he doesn't return your entire direct deposit in 45 days(?), he will be in violation of the direct deposit law. Prepare for him to keep your deposit, and you'll have to pursue it in court.Answer #2: Seeking a lawyer is premature.  He hasn't told you the cost yet.   That said its a hairline crack from your description.  Which can be fixed with epoxy.

If he says "$50 is what it cost to seal," then settling for that may be most convenient.  If he says you need to replace for s hairline crack that prob showed up during install, you'll need to sue.

Honestly, I'd prepare to sue now.  Based on your description, it sounds like he is going to charge you for full replacement.


Title: Coworker is effectively killing themselves. Is there anything legally I can do to help them?

Question: My coworker has obviously unmanaged type 2 diabetes that he seems to completely ignore. His legs are swollen and purple, practically rotting, and his vision is deteriorating. His work performance has gone down the drain as well as any ability to socialize effectively. He is obviously depressed and seems to medicate with the food that is killing him. It is depressing to see him in this state and I want to help, but I don't think there is anything I can do.

Answer:
 You can call the police and ask them to visit his home for a welfare check.Answer #2: About the only thing you can do is contact your state's adult protective services department. They are there to help adults who are unable to care for themselves because of physical, mental, or emotional illness.

Unfortunately that doesn't apply to everyone. Nobody can force a patient to take care of themselves. Competent adults are allowed to make their own health decisions, even if those decisions are foolish and self-destructive.

It's often a value judgement. Some people value Twinkies more than they value having all their toes.

If your coworker is suicidal, and is acting this way for the reason of harming himself, he can be given psychiatric treatment against his will. Ditto if he's depressed and unable to make plans for self care. But if he's a company adult just choosing to take terrible care of himself, he's within his rights and nobody can stop him.Answer #3: This is depressingly common, and there's really not much you can do. It's like someone smoking when they have COPD, or drinking with liver problems. As long as he's mentally stable, there's not much the police, a hospital, etc could do.

I'd honestly even stay away from HR. I mean, what can they really do? They can't force their employee to see a doctor. I guess they could offer some generous leave for him to go and get healthy, but that's not going to happen from an anonymous request.

Probably the most anyone can do is sit down and ask him what's up. Chances are there's a lot hiding under the unmanaged health condition.Answer #4: [Try contacting adult protective services.](http://dhs.maryland.gov/office-of-adult-services/adult-protective-services/) Self-neglect is something they claim to handle.


Title: I received three traffic tickets on a single trip. What should I do?

Question:
Hi r/legaladvice,

I'm a college student who earlier today travelled from upstate NY to Montreal. Along the way I received three traffic tickets.

Ticket 1:
While still in NY on I-81, I received a ticket for speeding (going 85 on a 65 mph highway).

Ticket 2:
Given at same time as ticket 1. I received a ticket for operating a motorvehicle while using a personal device. I had my laptop placed on the passenger seat so I could listen to the GPS.

Ticket 3:
After entering Canada, I received a ticket for violating the Move Over Law on highway 401. A police car was parked on the side of the highway and I had driven past it in the adjacent lane.

I don't know where to begin with all these tickets. I had a clean record, but now I've racked up 12 points because of this one trip. Is my best bet to pay each bill and have my license suspended? Should I fight the tickets? If so, which ones? Should I hire an attorney?

Answer: You need a traffic attorney at this point.


Title: Can a sex offender re-enter the US after an extended stay abroad?

Question: My father is a registered sex offender in Florida. He moved back to his home country of Iraq back in 2013. His address there was listed as permanent. After a recent check on his FDLE page, his address has changed and as of last month he's now listed as living permanently in Florida again. How did he manage to get back in the country? My sense of security that he's gone is now shot, as I thought he wouldnt be able to re-enter the country.

Answer: Is he a US citizen?Answer #2: If he is a US citizen then yes, he could reenter. If he is not, then it would vary.


Title: Friend broke up with her a*hole boyfriend and moved out of their apartment. She's the primary on the lease and he refuses to sign the paperwork to make him primary. Any exit strategies?

Question:
A friend of mine signed a year-long apartment lease with her boyfriend, and since her credit was better she was the primary.  6 month into it (now) she finally opened here eyes and has broken it off with him.

He's a royal asshole.  Drinks all the time, insults her family and friends (texts them directly), and has left a paper trail of disgusting things being said.  But there's been no real violence.

That is until today when her family and I moved her out.  He got in the way, wrote profanities on the boxes, threw boxes as we were leaving, and somehow broke a window.

We've got her out so we're good there.  But the problem is that she is the primary on the lease, i.e. ultimately responsible for 6 more months, and he refuses to sign the paperwork to make himself the primary.  He's recently been fired from his job for not showing up so it's likely he wouldn't qualify if it requires a credit check.

Does she have any recourse with the apartment complex?  We've brainstormed and the only options we have so far are:

1.  Break the lease, pay the penalties, and then let them evict him.
2.  Simply stop paying, take the credit hit, and then let them evict him.

\#1 is the leading contender and definitely a price she's willing to pay.

To be clear, he cannot be reasoned with.  When he's sober, which is not often, he's caustic, insulting, racist, bigoted, and has said/texted/emailed some of the nastiest things I've ever heard/seen.  When he's drunk he can't even put a sentence together.  So any options would have to not involve him.  Yeah, a stretch, I know, I just wanted to ask on her behalf if there's any other options to getting her name off the lease.

Thanks!

Answer:
 Option 3: She pays the lease until the end, and sues him for the amount due in small claims court.

Talking to the landlord/property manager is her best bet. They may be willing to cut her some slack. To be clear, keep it professional and do not mention half the details here -- just say the relationship dissolved and it wasn't an amicable split. He will not sign paperwork. They may offer her terms.

Her best bet would probably be to pay the penalties to break the lease if she can afford to do so. The credit hit is  not worth taking.


Title: Insurance company is suing me for $2000 for an accident I was never in.

Question:
So I've been mulling over this information for a while, and seeing all my options and frankly, I don't have any legit money for a lawyer. Anyway, I'm being sued for $2000 by Progressive for an accident I  was never in, in a state I have never been to, almost 3 years ago.

I'll be using wrong names but the suit has my name spelled incorrectly, "Jon A. Conner" instead of "John Connor". Of a variety of things wrong with this, I don't have a middle name and my last is spelled incorrectly. Also, they have an address they listed to the name that is in an entirely different state (Utah), out of the many things wrong with this, I have never been in Utah, I've never owned/leased an apartment in Utah or anywhere.

Next, they have a car listed to the persons name that I've never owned. It's a Ford truck(red) and the only car I've ever owned is an 1999 Honda Accord (black), that I sold in 2016 around June. Either than that, I don't have a car currently registered to my name.

I can also prove that I was never in the state as I was in college at the time, taking classes around the time the accident took place. I would need to visit my professors who I had at the time to confirm attendance but I also have geotagged tweets/pictures showing I was in my neighborhood during the day it occurred and the day after.

Out of the many things that concern me are that they have my exact date of birth and other information (social security info) I'm not sure how they got a hold of. I don't have any credit cards currently. I checked my credit scores and since the alleged date of the accident there has been nothing peculiar about my bank statements or anything out of the ordinary. My credit is still the same and I'm not sure what else to check.

I called the Progressive Company to let them know that they have the wrong person and they said I would have to contact the lawyer handling the case to resolve this issue.

Any advice is welcomed. I don't have any money for a lawyer and it seems like this is going to need one. I don't know if I have a way to make the other party pay for my damages.

Answer: I'd suggest calling a local legal aid clinic. You can find one online. A single call from a lawyer volunteer should set this matter to bed; it's a big and expensive mistake to list the incorrect defendant. Collect your proof that you're not the correct defendant and that you were not present for the accident. If the plaintiff continues pursuing the case despite this, you probably have a good case for sanctions (read: your costs paid by them).


Title: Calling for the death of all homosexuals

Question:
I continue to hear people on Youtube call for the death of homosexuals. I was wondering where the "line" is when doing so. Are any of these are illegal?

&#x200B;

"I hope all gay people die",

"If i had a button to kill all gay people, i would press it",

"I support the shooter of the Pulse night club. He should have killed all of them"

"We should kill all gay people",

"People need to start killing homosexuals",

"We need to pass laws so the government can round up all the homosexuals and execute them"

&#x200B;

What is the difference in saying:

"I am going to kill \_\_\_\_\_"   and  "We need to go out and kill \_\_\_\_\_"

&#x200B;

\*\* I just want to clarify that i support the LGBTQ community and don't condone any hateful rhetoric towards these groups . Please don't misinterpret this as such. \*\*

Answer: Depends on the jurisdiction. Free speech rights in the U.S. are very strong. In other jurisdictions (Canada, for example) this would almost certainly qualify as hate speech.Answer #2: Immediacy, specificity, and credibility are all factors in determining what is a true threat.


Title: My sister has been given 30 days to leave the country due to her not responding to a letter she never received. Details in post, any legal advice greatly appreciated.

Question:
My parents and I have been naturalized US citizens for ~5 or so years and were on green cards for maybe the same amount of time before that.

My parents have been trying to get my sister a green card for years and years. She’s legally lived in the US since 2007, first on an I-20, then on an OPT extension then on an H-1B. She’s also getting married to a US citizen in mid August.

After years of waiting and providing immigration with all they asked for, months of calls and no response from immigration, months of her asking them to resend the letter she never received, and even speaking to immigration lawyers, they finally sent a response saying they are denying the green card because she never responded to their letter. She has a very solid paper and in person fingerprint trail of repeatedly asking immigration for the letter and them repeatedly promising to resend.

**Next Steps:** She now trying to see about marrying her fiancée in court within these 30 days (then going on with the August wedding) and is going to call a lawyer to see if her H-1B is still valid.

Any advice for us?

Answer:
 You say you’ve talked to immigration attorneys, but does she actually HAVE one? If not that’s step one.Answer #2: This is way beyond the scope of what this forum can assist with. You desperately need a good immigration attorney. Don’t try to DIY this.Answer #3: Sounds like your sister's Adjustment of Status (AOS) was denied. She was adjusting from an H1-B. Since she received a 30 day notice to leave, it sounds like her H1-B already expired. Typically, even if you're denied AOS, but still have a valid visa, your visa still permits you to stay for as long as the visa is valid.

When you're denied AOS you have the choice to file a motion (MTR) or to refile the I-485 or to do both. When you file just the motion and you're out of status, it doesn't give you status and Immigration can still deport your sister,  so your sister needs to file another 485 to protect herself. Regarding the merits of the MTR, then that's up to the evidence.

If your sister does leave, then she will not be legally able to file a AOS anymore. Even if she is married to a US citizen. She would have then have to apply for K1 or k3 visa. So, best advice, DON"T leave the USA. Refile. Hire an immigration attorney that knows what they are doing. Look them up on the local bar. What law school did they go to? Etc.

If you insist on DIY, without an attorney, [VisaJourney.com](https://VisaJourney.com) is the best DIY website on the web [https://www.visajourney.com/forums/](https://www.visajourney.com/forums/)

&#x200B;

Good Luck!Answer #4: Get a immigration lawyer


Title: Got a tip at my clothing store. Now we’re missing that amount. [CA]

Question:
I work at Abercrombie & Fitch, and was tipped $100 today. He handed the bill over the counter after the transaction was done and even told me it was a tip. I was amazed and have never gotten a tip before and didn’t know what to do, so I took the tip. I told two of my managers and a couple of my associates and they didn’t seem to care at all about it, but they did mention I wasn’t supposed to take a tip but they let it slide.

Thirty minutes ago, I got a call from one of my managers, and we’re missing $104 from the register that I was on.

I know for a fact that I’m in the right. There are only two scenarios possible.

1. When collecting the man’s change, I somehow got his $100 bill mixed up in the change. Then he proceeded to give the $100 bill back to me and joke that it was a tip.

This scenario would have to involve me completely overhauling my cash register system, as I place the money in the register before beginning to grab change. I would have to reach into the far left slot and grab a $100 bill again to get it mixed in with his change. Then, it would require the guy to not only give the free $100 back, but instead of telling me that I made an error, tell me he was giving me a tip. It makes absolutely no sense.

2. News spread around that I got a $100 tip and as a result, someone took the money out of the register to make it look like I did it, since I told the managers about the tip.

Tomorrow, I’m going back to my store on my day off to talk to a manager, hopefully the main manager. In the call with my manager, she explained that she knew that I wouldn’t do this but she would have to tell the district manager and store manager about my tip. How should I approach this? What should I tell the manager tomorrow?
Topic:
Employment Law

Answer:
 Could they review the security footage to see what happened?Answer #2: Not saying it's impossible, but seriously who tips $100 at A&F? It really sounds like you and the customer were joking around and messing around when he was just trying to pay his bill.

They can fire you even if it wasn't your fault.

Anyway, this isn't a legal issue unless they call the police in which case you can tell them you didn't do it and remain silent after that.


Title: Is it legal for PayPal to do this?

Question: So a year ago I purchased some software for 60 bucks. Little did I know that I was actually signing up for an annual subscription. I’m usually careful about this kind of thing but I slipped this time. I have 2 cards from 2 different banks registered on PayPal. We’ll call them Card 1 and Card 2. I had used Card 1 to make the purchase. Today they attempted to charge Card 1 which was used to make the purchase but luckily my bank blocked it due to suspected fraud. When I checked my account for Card 2 I realized they had charged that account for the 60 bucks instead. This was so infuriating and couldn’t believe PayPal would allow something like this. Card 2 had absolutely nothing to do with the purchase yet PayPal allowed it to be charged since the other bank blocked the purchase.

Answer:
 Yes, that's how PayPal works. You are paying the company via PayPal so they never have your credit card. PayPal recoups the money by charging your preferred payment but if that fails they charge the next card or account. Read the terms, you agreed to this.

Be very careful about disputing. You will get banned from PayPal. If you think the charge was wrong dispute via PayPal first, not your bank/CC.


Title: [VA] Workplace Exterminator Told the Boss I'm Pregnant

Question:
I manage a small business, part of a local chain. My position was introduced as probationary several months ago (the man I replaced was promoted/relocated against his wishes, hoping it would be temporary) with a nominal raise. I have been trying to achieve written confirmation that I now hold this promotion permanently and to negotiate a raise commensurate with the changed nature of my position. I am also 16 weeks pregnant, running out of time to negotiate my status without my condition being a known variable.

This week, I was happy to see, for the first time in months, our pest control guy. I've wanted to know, since becoming pregnant, where he applies our pest control chemicals, what chemicals he employs and what is said in the MSDS. When he first greeted me, wanting payment, he ignored my request to watch him as he works. When I put down what I had been actively tending to, he told me he had already set everything out, clarifying that he uses bait, not sprays (I may have offended him with my wording). When I saw him moments later in the retail section of the shop, he was smearing "bait" in countless nooks and crevices, many of which I casually touch or wipe up throughout my work day thinking they are food service messes. Under the counter, above electrical outlets, on an awkwardly designed structural ledge in my work space. The pesticide looks like caramel, which we handle profusely, and which I casually wipe up with a rag that is used on all surfaces in the vicinity throughout an eight-hour shift. Exasperated, I explained that I am pregnant and need to know for that reason precisely where he had applied the gunk. He ignored me as he dipped into the office to keep going.

When I could cross the room to chase him, I insisted that I wanted to know what chemicals he was using, by his providing the MSDS. He told me the owner of the company would be able to give me the MSDS for all the "baits". (Anything in the owner's possession would not be in my shop.) I explained to him that the owner does not know I am pregnant, that I cannot ask the owner directly for that reason, and that I need to get the MSDS--or at minimum the chemical names--from the exterminator himself. He told me, okay, he would go to his warehouse and get the MSDS to bring to me. He reassured me that the bait would not harm me, to which I replied that they were pesticides so that was untrue and I needed to read about them. He looked annoyed, but I had been polite as I became increasingly firm with him.

Within an hour my partner in managing the shop arrived, telling me that the exterminator had told the owner of the company that the woman working this morning is pregnant. An executive manager, not the owner, had called him to find out who is pregnant.

I had made perfectly clear that the owner of the company did not and could not yet know that I am pregnant. And this man took less than an hour to contact the owner to tell him so. It was of such interest that a phone call was immediately placed to track down the pregnant one's identity--with great odds guessing who based merely on who was presently clocked in. Fortunately there were two women with similar hair color and body type, but it will not take a detective to get to the root of it. If you consider traditional indicators of who might have a child, I am the lone suspect. Finally, if you consider my changed (if not blatant without reason to wonder) waistline, bingo.

I feel this was a purely malicious or chauvinistic act. The man contacted my boss directly after my disclosing my pregnancy, knowing it would be news to my boss. Giving the greatest benefit of the doubt, there is the incongruous possibility that the exterminator felt I may have been likely to complain about his unwillingness to show me the places he put the pesticides, so he decided to pre-empt any trouble by contacting my boss first. But that is not at all in keeping with my tone, which was one of exasperation but not of being disgruntled.

I feel deliberately slighted. And I feel certain now that any ongoing attempts to negotiate my position will be undermined by my being now presumed pregnant. It opens the door, even, for my predecessor to assert his own return. At present, I am earning two-thirds the pay my male predecessor earned, and had hoped to close that gap.

What are my options? Tort law? Civil suit? What sort of lawyer would I seek?

Answer:
  Jesus Christ. No, you can't sue the exterminator for telling your boss you're pregnant. Answer #2: None. No. No. None.

I am a woman, I am a lawyer, and I am a mom. I understand you wanting information to keep yourself and your baby safe. But my goodness, you went about it the wrong way.

You chased this guy down, room to room, who was trying to do his job, bombarding him with questions; demanding he answer your questions. What the heck? He has no duty to talk to you. He has no duty to answer your questions. He has no duty to keep your little secret from your boss or from anyone else. He has no duty to help you deceive your boss.Answer #3: If you want a secret kept, don't share it with others.  There's nothing illegal about telling your boss what you voluntarily told the pest control guy.Answer #4: You jumped up this guy’s ass regarding the chemicals and harassed him while he was attempting to complete the job he was hired to perform. What is it, exactly, you expected him to do? He had every right to report what happened in case he was accused of poor performance, and no obligation to keep your pregnancy a secret. Answer #5: Your option is to ignore it. You have no damages. Answer #6: > What are my options? Tort law? Civil suit? What sort of lawyer would I seek?
TherapistAnswer #7: Er...is this how you handle all situation that are easily resolvable but don't go your way?

There were plenty of other options that didn't involve harassing someone doing their job and following them around with an "exasperated" tone.


Title: Landlord has kept more of my security deposit than law allows for 2.5 years, how much in damages am I entitled to?

Question:
I rent an apartment in PA and have rented the same place since January 2012 with no rent increases, nor have I signed a new lease.  I've been basically living here on a 60 day to 60 day lease since then.  My landlord charged me a $1,750 security deposit on a place with rent of ~$1,150 a month, or $600 over 1 month's rent.

PA law basically states that a landlord can charge 2 months security deposit the first year, but must return all amounts over 1 month's rent after the first year is over.  They never returned the additional $600 after the first year, and are presumably still holding onto it.  Am I entitled to additional compensation for this?  I know that if you file suit against your landlord for not returning your security deposit, you're entitled to double the deposit back, but does that also apply to partial deposits kept that were more than the law allows after the first year of rent?

The reason I ask is because I am looking for leverage to terminate my lease early (it renews in 60 to 60 day periods with 60 days notice required) without penalty or forfeiting any of my security deposit.

Also of interest, the lease states I can pay by cash, check or automatic debit, and I paid in cash up until last month, when they forced us to switch systems and pay online, which appears to be a violation of my lease.

This should be sufficient for proper leverage to get them to terminate my lease early, correct?

I'm not worried about burning bridges either, I won't be moving back into this area any time soon.

Answer:
 > I am looking for leverage to terminate my lease early

His potential issue with the deposit doesn't give you an excuse to terminate your lease early.  The two matters are separate.  If you want your deposit back, contact him about it and see what happens there.


Title: Being denied housing with LEGITIMATE ESA

Question:
Michigan. My boyfriend has a legitimate ESA dog, with an official letter from a therapist, not an online scam certificate. She is a pitbull lab mix. We brought up this information to the apartment complex that we wanted to move into, and they told us that even though she is an ESA, they don’t allow pitbulls. I did my research and found that LEGITIMATE ESAs cannot be denied housing for that reason, even in an apartment that’s not pet friendly. Is this place denying us legal? How do we show them that they are in the wrong?
Topic:
Landlord Tenant Housing

Answer:
 I’m on mobile.

There is an exception in the FHA that allows landlords to turn down ESAs if they can prove the ESA would cause an undue financial burden.  Certain breeds of dogs may cause an undue financial burden for the landlord and their insurance costs.

Your recourse would be to file a complaint with your state and or federal housing commission.


Title: I opened a trading account with a broker on the website "Wolfstreets.com". I believe I was scammed because their website has been suspended and phone numbers are blocked. Where do I even start to try to get my money back?

Question: I opened a trading account with a broker on the website "Wolfstreets.com".  I live in South Dakota.  Their website, when it was running, said the company was based in the Bahamas.  They stopped returning emails and phone calls, and now their website is suspended. Who do I contact to file a complaint? What are the odds that I'll see my money again?

Answer:
 > What are the odds that I'll see my money again?

If you deposited via credit card, call your credit card company because you have at least a chance. If you deposited via bank wire or something, you're very likely out of luck.Answer #2: Your money is probably long gone.

If you go to the registrar (http://www.enom.com/whois/default.aspx) and type in that domain name, it gives you the name and contact information of the person who registered it.  They appear to live in Austin, Texas.  That's your starting point.


Title: Need abortion legal advice after pregnancy resulting from potentially illicit sexual contact

Question:
Hi I cannot say too much about my situation because I have already been arrested and lost my job as a result of sexual contact with a student. I got pregnant by him as he is apparently fertile.

I am currently on bail after being charged and I am considering obtaining an abortion but I received unsolicited advice from the family of my former partner’s family insisting that I would be destroying evidence if I did.

Question - they have no say, right? Even if the baby is evidence of a supposed crime, I can still get an abortion because it is my body right? My lawyer says I am within my legal rights but I cannot afford a second opinion so that is why I am asking here.

Location = Charlottesville, VA

Answer: Your lawyer is correct. You have a right to get an abortion.  Carrying a baby to term is not necessary to prove a crime.


Title: Is it legal to charge one person and not the others an act of a crime while they are incarcerated?

Question:
In PA if multiple people commit a crime in jail...  is it legal to only charge one of them if all equally committed the crime? What about violating them on probation? Is there any case law relating to this?
Thank you.
Also, can they charge an inmate with possession of an illegal substance if they only gave a dirty urine and never were caught with the substance?

Answer: All people allegedly involved in a crime do not have to be charged the same way if that's your question.


Title: 20 year old with Colorado Medical Marijuana card charged with DUI for marijuana in (CO)

Question: Back in July, I was pulling out of my parking lot at work in my beat up old Corolla and stopped at the stop light. A cop came up and was staring at me. The light turned green and I started to move when his lights came on. I signaled right and stopped along the next street. I had no idea what I was being pulled over for since I was just minding my business. He told me he pulled me over because couldn't read my temporary registration tags, even though they wouldn't expire for another month and were in plain view in the back of an untinted window, so I think he was pulling that out of his ass. He then told me my car smelled like marijuana and I showed him my bags of weed and dirty paraphernalia which might have been what he was smelling because I thought I was allowed to be in possession of that stuff. I couldn't find my red card which didn't look good on my part but I knew it would somewhat protect me in court if that's what it came to. He gave me a sobriety test and I was having an anxiety attack because police make me feel nervous, unsafe, and straight up ANXIOUS so I was shaking the whole time and starting to cry and panic. I thought I did well on the test for someone having a panic attack but he started to arrest me anyway so he could take me to the station where he could draw my blood, because I'm guessing he knows most cannabis patients are over the 9 nanogram limit (5 in most other counties). I have court on Monday and it's been eating away at my happiness and I'm on monitored sobriety so I've been having to deal with my inability to eat with an appetite and muscle spasms without the help of cannabis. I'm just wondering: since to me, this was an illegal stop on his part, does this mean the charges will be dropped whether my blood is over the limit or not? If the don't drop them just because of that, what's the worst that could happen for being over that teeny tiny limit the state has set for marijuana in my blood? Please give me some advice that will help reduce my anxiety over this court date!

Answer: Get a lawyer. Just being over the limit by a "teeny" amount won't matter and it is extremely difficult to prove an invalid police stop. If you want to reduce your anxiety, let a professional handle it.


Title: Grandpa recently died and we're trying to find his customers

Question:
My grandpa had a repair shop and people would leave small appliances with him to fix. The thing is, they didn't always pick it up again, even though he called when it was done.

&#x200B;

Now, Grandpa was a sweetheart and held onto all of the objects and kept the slips with them, just in case someone came back to pick them up. But now my family is trying to contact a ton of people to schedule times to pick up their items.

&#x200B;

Many of the phone numbers have been disconnected, or I leave a voicemail and don't necessarily hear back from them. Some only have a name with no number (I'm assuming they were people he knew personally. Don't know what to do about that.)

&#x200B;

Some of them, he wrote the date he finished the repairs and it's from over a decade ago.

&#x200B;

We're doing what we can to reach everyone, but what are the legal requirements for the state of Minnesota concerning what to do with other people's property when you can't return it/they won't pick it up?

Answer:
 Typically you'd give them 30 days since contacting them ( be sure to keep the messages for a bit after the 30 days just in case)Answer #2: Put up a big sign out front telling people to come get their crap.

Once items have been left x number of days (often 30, varies by area) they are basically fair game so start craigslisting old stuff. Answer #3: Can you call the local radio station(s) and ask About running an ad mentioning the closing of the shop and to pick up all items by (date)?  If it is a simple ad of a few sentences maybe you could get a great price.

Also, if you have a local paper stop by and ask if they could help you out.  It could be an interesting article (I think anyway) if someone were to write about the items left at the shop and something about the notes on them.  And if course mentioning how there is a limited time to come get their treasures.

Is there a Facebook page for your city?  Maybe make some posts on it with a few pictures.  Or Craigslist.

It sounds like your Grandpa’s shop is awesome!  Answer #4: A lot of businesses where customers drop their items off usually have something like a 30 day policy. If you don’t pick up within that time they are legally able to get rid if the stuff.


Title: Cops just came to my house with a warrant for someone who doesn't live with me or ever stayed with me. New Jersey

Question: My sister in law gave the police our address as her last residence, she has never even visited here once! The police said they can come back anytime because she gave my address as hers. How can I get the law on my side ? They said she is the only one that can change her last known address!

Answer: Give them her address and where to find her? If they find her they'll have no reason to come to your place. Answer #2: If they have a warrant founded on probable cause that she lives there, they can enter even if she doesn't actually live there. That's the standard: probable cause and a judge signing a warrant. I would find a new place to put anything you don't want the police to see.


Title: Wife stole stimulus, what should I do? Tulsa, OK

Question:
I was in the early stages of a divorce & then rona happened. Hadn't filed 2019 taxes yet, instructed by lawyer to wait. Waiting on stimulus since 4/15 only to find out my wife jointly filed 2019 taxes without my tax info and took the whole $2400 on 4/15 and the entire 2019 fed refund. Despite her asking for her half of it in documents her lawyer & my lawyer wanted me to sign since 4/20. If her lawyer knew wouldn't she get in trouble too?
Topic:
Custody Divorce and Family

Answer:
 Oh yeh, she can’t sign your name on a tax return. You’ll need to correctly file your return, as married filing separately.

You’ll have to paper file, and your tax will be calculated based on your earnings alone.

You will need to file form 14039 (identity theft affidavit) with your return

She’s gonna get in very big trouble. IRC 7207, knowingly filing a fraudulent return is $10,000 fine or(and) 1 year jail (max)


Title: Roommate Underage Drinking, Want Out of Lease

Question:
This may be kind of long but I really need some help.

So I am a student athlete at a D1 college living off campus with a regular student. We are both females and she is 19 and I am two weeks from being 21. I had enrolled late because I was transferring and had to find a roommate quick. There were barely any good places to live where I could bring my dog (who I have for anxiety reasons) and no one who needed any roommates because the school year had already started (I got accepted the friday before school started and enrolled the monday that classes started). I ended up finding a roommate on craigslist who also had a dog.

Everything was fine until she started blaming my dog for everything. She blames my dog for dog hair everywhere, she blames my dog for jumping on the couches, she blames him for barking and so on. Her dog is older than mine and sheds a lot more. Our first week together before I moved my dog from my parents house she had to take her dog to get groomed because every time she brushed it clumps of hair would fall out. Her dog is an outside dog and my dog has been an inside dog for most of it's life. We did not keep him out last winter because it was too small to be outside alone.  My dog is a little less than a year old right now and only barks when her dog barks. She has a lot of house guests and one of them "accidentally" left the gate open while only my dog was outside and my dog ran away. I thankfully found him. Soon after we had an explosive fight about unrelated things my mom came up to take my dog home because I felt he was unsafe.

While my mom was up here, she saw alcohol in the fridge that was my roommates. My mom ended up leaving a passive aggressive note saying underage people shouldn't be drinking and took the alcohol when she left. So my dog is now safe at my parents house. However my roommate is continuously being passive aggressive and we are on the opposite of good terms. She invited her other underage friends over to drink after buying more alcohol and complaining about my mom on social media. Being a student athlete, I for one don't want to get in trouble with her underage drinking in the house, and two I no longer want to live with her. Can I double whammy it and find a way to get out of my lease this way? I am coming back from depression and anxiety and want to keep on track with my athletic and academic life instead of being worried about her and uncomfortable in my house.

Edit: I also now have video evidence of her dog tearing up the exterior of the house

Answer: If you're both on the same lease together, you're stuck. You can't break your lease because of your roommate's behavior. You need to learn to deal with each other like adults. This isn't grade school anymore.


Title: [CA/AL] How can my girlfriend move with me to CA without losing her Alabama residency?

Question:
My girlfriend is moving to CA to live with me on August third of this year. We plan to live here for two years while I finish my schooling, and then to move to Alabama so she can be closer to her dad, and so she can complete a specific graduate program.

From what I've read, CA uses the "closer-connections" test to determine residency (so transfer of AL -> CA residency is relatively easy), but AL uses the "time-test" where she would have to live in the state for a year before she can claim AL residency.

Obviously if she's attempting to complete a graduate program in AL, her tuition rates will be increased drastically if she's a CA resident.

What would be the best way for us to ensure that she doesn't lose her AL residency, or make it easiest to get when we move to AL?

More than happy to provide additional details as needed.
Thank you so much!

edit: I should add that she plans to work in CA

Answer:
 To maintain her Alabama residency she'll need to remain a resident of Alabama. That means using an Alabama residence for her primary address, voting in Alabama and otherwise considering that to be home. Doing things like putting her name on a lease in California, paying taxes or utilities in California, or getting a California driver's license or license plates will make it look like she has moved to California and is setting up a residence there.

It strikes me the best plan would be for her to enroll in and complete her Alabama graduate program in the next two years, so she doesn't risk her residency, and then the two of you can figure out where you want to live together.


Title: The Army, Child Support, and College. Is it possible to delay or get out of payments?

Question:
Ok, so I am in the Army, and I am currently in Colorado. My ex girlfriend told me she was pregnant about a year ago. She then told me she wanted to immediately rush into a marriage (we had only been dating 3 months), in order to receive BAH from the Army.

I considered it briefly, for the sake of the kid, but then realized I'd be miserable, I was planning to break up with her anyway and then she was pregnant. So I told her I wanted her pregnancy terminated or put up for adoption, and I wanted nothing to do with it. I was not going to marry her.

Well, she didn't like that. The baby was born in February. In the time that she was pregnant and we were broken up, she was engaged to someone else. It was a previous person she had dated, I assume she was afraid of being alone.

I haven't heard from her since December, I had hoped it'd be born, and I could sign my rights away to an adoptive father. Alas, he called off their engagement and now she's barging into my unit asking for child support. They can't do anything until they get a DNA test.

I'm only in the Army for one more year, then I was getting out and using the GI bill to go back to college in Maryland, my home state. I'm worried that this is going to ruin the rest of my life and I'm wondering what I can do. If I can't go to college I will live the rest of my life struggling pay check to pay check. If I just had time to finish college and get a job I wouldn't even mind paying support, but she's pushing for it now. Staying in the army is not an option.

What can I do? I want nothing to do with her or the kid, and it'll be increasingly difficult to handle because I'll be across the country.

One other detail: she already had a kid with another guy, and that guy does not and has never paid child support since that baby was born 2-3 years ago. She has never pushed for him to pay for it as far as I know.

Answer:
 If the child is truly yours you will owe child support. There's no way to escape that fact.

Have a nice life.Answer #2: Child support is for the child, and children generally cannot wait a few years for you to finish college before eating.

You have the option to fight for custody, or pay child support.


Title: Being Sued for A Minor Accident, Got Served Wrong Case

Question:
Hey Reddit, I'm a 21 year old who was involved in a minor accident last June.

&#x200B;

It was a very minor fender bender - she was parked at a light, I tapped her car, we pulled around the corner and exchanged insurance. She had a tiny dent, my front bumper was already falling off and had been since I'd bought it.  She filed a police report, no officers came out since she told them there wasn't anyone injured. All gud.

&#x200B;

Got a call from my insurance a month later. They told me that she'd claimed serious neck/back pain and car damages, she'd claimed my car was seriously damaged as well (it wasn't.... I have dated photos showing the bumper like that BEFORE the accident date). Told my insurance, sent them the photos, never heard back. My insurance did go up $30, figured that was the end of it.

Tonight someone showed up at my house to serve me court papers. I didn't answer the door, someone else did, and she didn't sign for them.

The weirdest part is that the top two papers are obviously mine, stating my name, the attorney, her name, and the summons. The rest of the papers aren't for me, though. It's another case entirely, same attorney, but the names and the details of the case are all wrong.

I've never been involved in anything like this in my life, and additionally I'm supposed to be *moving to another state* next week. How do I handle this? Can I go on with my move, or do I hault everything to deal with this?

Answer: Call your insurance and let them know. This is one of the things you pay them for is to defend you in lawsuits regarding your car or help provide counsel if the suit is in small claims and your state doesn't allow attorneys in small claims.


Title: Legally, what are the consequences on the dad for allowing his son to remain in the car while his abusive mother has custody? (link inside)

Question:
Here's the video in question: https://www.youtube.com/watch?v=XKfm723mISo

Like the title asks, is the father in the wrong? If so, how?

Somewhere in the USA.

Answer:
 If you want to change court ordered custody you need to go back to the court.  They retain jurisdiction over the case.

Also, I'm not watching an hour-long video.  If there is something relevant in it, put it in your post.


Title: Arizona. Guy pulled a gun on me and I called the cops. He spent the night in jail and is now facing felony charges. I feel bad that I called the cops because a felony would ruin his life. How can I get the charges against him dropped?

Question:
[deleted]
Topic:
Criminal Law

Answer: Short version is you can’t. Police and prosecutors press charges. You don’t have any authority to drop charges. You can contact the prosecutor’s office and explain your wishes, but you can’t make the state not charge the guy.


Title: $50 million+ wrongful death suit; any hope of recovery for memorial scholarship fund? (KY)

Question:
My question is about recovery in a pretty wild wrongful death suit.

The story:

My relative was murdered by a very wealthy young man with a very wealthy father.  He got away with it until he bragged to a girl he was dating.  She wore a wire, he went to jail for murder.

He appeals to the state supreme court, who overturn the conviction based on some fishy ballistics evidence.  Ex-girlfriend refuses to testify in retrial, dude accepts a plea to manslaughter.  Serves one additional day and with time served is a free man.

Manslaughter plea seals the deal on the civil case; many millions awarded.  Dude hides all his assets with his father and essentially devolves into a destitute piece of shit.  He crashes his car drunk and paralyzes himself.  He was recently arrested for pubic intoxication after falling asleep in his wheelchair in a Walmart parking lot.  Considering when this began he was a millionaire college student, karma is indeed a bitch.

Anyway, he technically owes my family tens of millions of dollars.  He has nothing, but his father remains wealthy.  There is now an endowed scholarship in my deceased relative's honor at the university he attended when he was killed.

My question: if this piece of shit never has any assets to speak of for the remainder of his life, is there any way to pursue any portion of the money owed and direct it to the scholarship fund?  Could something happen when the father dies?  When the guy dies?  Anything?

The scholarship is well-funded and will probably outlive all of us.  Nobody in the family is after the money personally.  Is there any scenario where the charitable foundation gets paid someday?

**tl;dr: rich prick gets away with murder for a while, ends up owing millions. if his assets are gone, can we ever recover?**

Answer:
 Not likely if they've been smart. If the dad doesn't do a good job estate planning you may have a chance when he passes, but I wouldn't count on it if they've been smart so far.
You could try negotiating a reduced settlement, but if they know you cant get anything and dont mind it hanging over them they probably wouldn't care. Answer #2: If he doesn't have any money what are you expecting? His fathers money is not his money. If his father leaves it to the son and dies, well maybe. But that would seem unlikely. Seems like universal justice has occurred.


Title: Summary Dismissal due to missing one single shift.

Question:
So the situation is,
I have been working at this smoothie company for around 1.5 years and on the 5th of January 2015 due to me not reading the roster properly, I missed one shift on that day. My manager asked to meet me the very next day and when I did he gave me my letter notifying me of the termination of my contract as a summary dismissal. It reads on the letter;
"We are satisfied you have breached our absenteeism policy and therefore consider your actions to be a wilful or deliberate behaviour by you that is inconsistent with the continuation of your contract of employment."

I have asked my past managers and current managers at different stores of the same company and they have all said the same thing that it was not legal. I have also checked the contract I signed and there is nothing about being immediately fired for missing a shift.

I have also read online about laws and regulations and that as a part-time employee, I am given the right to have at least 1 verbal warnings as well as 2 written ones before I am able to be terminated. However, as the letter says a summary dismissal I am able to be fired immediately but with reason such as turning up to work drunk or seriously breaching health and safety policies. However the only reason I was given was missing my one shift.

I am wondering if this was all perfectly legal by them and if I should be submitting an Unfair Dismissal application to Fair Work Australia.

Some details.
1. I am in QLD, Australia.
2. I am a part-time worker.
3. I have had no reprimands in the 1.5 years working there.
4. This was the very first mistake I have made working in this establishment.

Answer: It would be helpful to mention your location at the BEGINNING of your post as it completely changes the context of your situation.


Title: (NH, US) I signed a vague non compete, and want to freelance. How screwed am I?

Question:
[deleted]
Topic:
Employment Law

Answer:
 Non-compete clauses need to have a time frame, specific circumstance (job type), and reasonable geographic limitation.

As his contract had none, it would probably be found unenforceable.

From my reading, New Hampshire is pretty strict about non-compete clauses (favoring workers, not companies), so your boss would be fighting an uphill battle.


Title: Roommate/landlord put up cameras around the house with out telling me, california.

Question:
I moved In with a friend from work and her boy friend about two weeks ago. I noticed there were these motion sensor light things that were on the corner of the living room and in the hallway above my bed room facing their door. I dont remember seeing them before i moved in when i use to visit but they could of been there, Im not sure. I asked her if she was down for me having friends over and she didnt seem sure but she said she was but her bf prob woukdnt be and then left for work so i had a friend come over and we watched tv, thankfully we didnt do anything but cuddle and i know she knows becuase she changed her mind the next morning when i saw here. Im renting a room super cheap for the area with no security deposits, it comes furnished and i move in 6months so Im trying to save money so i dont want to mess this up.i dont know if i should bring the cameras up, i havent done anything wrong like unnecessary snooping or taking stuff or walking naked and throwing orgys so its not mm like im annoyed that she'll catch me but im nkot okay with it. I feel pretty violated and insulted, i think it was her bf idea but its still pretty messed up. I pcant even relax at home now that i know im being constanly watched and monitered. Am i allowed to be upset about the cameras since they could of easily been there before for security?

Also they have an extra wifi with their that isnt a printer that j cant connect to and it makes sense if she checked the cameras if i stole something but i obviously havent so shes just monitoring them with makes me super uncomfortable,.

Answer:
 > Am i allowed to be upset about the cameras

You can be upset for whatever reason you want, but are they cameras or just motion detectors? Do you have a security system in the home?

If they are motion detectors, there's no "image" they just have a sensor that checks for a change in infrared and sends a yes/no signal to whatever base station it's connected to. If you don't like that cover them in tin foil or cardboard.


Title: [NY] Today I received a summons for unpaid tuition and I'm looking for some advice to navigate the situation, particularly regarding negotiating the judgement.

Question:
Hello r/legaladvice,

Today I was delivered a \[summons\]([https://imgur.com/a/AXcPHUs](https://imgur.com/a/AXcPHUs)) from the Supreme court of New York @ Albany for unpaid tuition, room&board charges, fees, and fines.

&#x200B;

I had received a letter regarding this matter from the university two years prior and consulted with my father (who had been paying for my tuition) and he assured me that he would handle the debt. Unfortunately, I was naive enough to trust his word and careless enough to not ensure that the debt was indeed paid for, so I know ultimately the responsibility of this situation falls on my shoulders. But I'd greatly appreciate some advice on how to best handle the situation going forward as I feel quite lost even after attempting to do some research on my own.

&#x200B;

I am now 24 and I have moved to Dallas, Texas. I work a low-paying sales job and am essentially living paycheck to paycheck without an emergency savings. I'll list out my questions below and try to provide some additional context.

1. Would it be necessary and/or beneficial for me to fly from Texas to New York and appear in court to negotiate the judgement, or could I just call to negotiate? If I am able to just call, do I call the attorney general of New York to negotiate, or do I call a department at the college?
2. Is it even possible to negotiate the judgement? What should I expect when attempting to do so?
3. Would it be wise to contact a lawyer? Would the cost of hiring a lawyer be worth the potential benefit he could offer me? Would a lawyer even be able to help me in negotiating a settlement?
4. If I would like to pay off the amount in full immediately, what would be my best option in terms of loans? I have quite a low credit core at 587. Or would it be wiser to attempt to negotiate a payment plan with the court/school?
5. Will this affect my credit score? I read online that as of earlier this year, civil judgments are no longer listed in your public record for the three major agencies, but I just wanted to confirm if this is true (or if there's something I'm missing).

Thank you for taking the time to read this and thank you in advance for any advice or information pertaining to my situation. I am really unfamiliar with this situation and I just want to try to ensure that I can handle it in the best way possible.

Answer:
 1.Don't try to attend court - your goal is to get them to agree to a payment plan (and maybe a lower overall amount) and drop the proceedings. If it gets to court, there won't be any negotiation there. You would call the plaintiff, which would probably be a law firm of some kind.

2. It's possible if they'll listen. They're not required to, but it's a smart move on their part. You should make it clear that you have very limited money.

3. A lawyer will probably not be worth it here, not unless we're talking tens of thousands.

4. I would *not* take out a new loan. Aside from the punitive interest, that would effectively reset the clock on this debt by creating a new loan. I would offer them a payment plan.

5. The judgment itself should not effect your credit score, but the unpaid balance to the school might show up. I'm honestly unsure.


Title: American Express approved my chargeback against Hertz, and now Hertz demands I still pay them

Question:
In April I filed a chargeback with American Express after a nightmare vacation car rental with Hertz. Hertz refused to reimburse me the over $2000 I lost because of their negligence, so I turned to Amex for help. In May Amex, after never receiving a reply from Hertz in regards to the chargeback, credited my account for all expenses in Hertz's name- $1585. I dropped the idea of suing Hertz in small claims for the remainder I lost and moved on.

&#x200B;

Last week I received two letters from Hertz, one demanding I pay them $299, and the other demanding I pay them $1285. The letters were dated June 13 and said I had 14 days to pay Hertz or else Hertz would send my bill to collections and their legal department.

&#x200B;

I called them on Monday, June 24 and demanded they drop the charges and the threats of collections. The Hertz reps said there was nothing that could be done, and that my bill had already been sent to an external collections agency- before the deadline they imposed on me.

&#x200B;

I then called Amex for help. Amex said that Hertz told them they don't care if Amex gave me the chargeback or not; Hertz prefers to deal with me directly and chooses to ignore the chargeback. In other words Hertz is willingly going after me for the money. Amex advises me to seek legal counsel.

&#x200B;

What is my recourse? Amex says this isn't legal. When Amex approved my chargeback, I was absolved of my debt to Hertz right? I have records of all my interactions with Hertz and Amex, and Amex says they are available to me for any proof I need.

&#x200B;

Tldr: American Express issued me a chargeback. Hertz doesn't care and has stated they are willingly ignoring the chargeback and are going after me for the money.

Answer:
 >When Amex approved my chargeback, I was absolved of my debt to Hertz right?

No. When Amex approved the chargeback they determined that you didn't owe that money. Hertz disagrees and can absolutely come after you for the money. You can dispute the charges on your credit report.

If they sue you, respond.


Title: Strange OTC Pill Situation

Question:
In Tulsa, Oklahoma, I purchased a bottle of OTC equate brand anti-diarrheal tablets.  I thought the box was extremely light, shook them a couple of times, but then thought I was probably just being an idiot.  However, upon getting home, I opened the box and was honestly slightly disturbed at what I saw.  Not only were the bottles 24 count as opposed to the 72 count I had purchased, the box had obviously been resealed with tape and returned, or somehow tampered with inside the store.  The seals on both were broken, and inside each bottle was prescription medication, which I identified as divalproex by the imprint, along with a heavy freshness packet, (I assume which was probably to add weight so that it would be less suspicious to the person at customer service it was being returned to) as well as a couple of antacids.

  I would honestly be happy with just getting my money back, but is there any way to prove that I was not the one who tampered with the pills by just taking them home, and bringing them back to the store?  You would be able to see me shaking the box on the camera and give a puzzled look should there be remaining surveillance hahaha, as well as evidence that it was most likely returned the store (I know from a forensic files episode that they keep extensive records of their returns).

 The 24 count bottles are not sold in boxes, so I'm assuming that a thief opened the 24 count bottles (possibly even purchased them), then replaced them with the divalproex, opened a box of the 72 count medication, replaced the bottles, taped the box, and returned it. Depending upon whether they bought or stole the 24 count bottles it probably was a net profit of somewhere around $6-10 for the scammer..totally not worth it in my humble opinion, but again long story short...would I have a case for receiving my money back at the very least?

Answer:
 That is freaking weird. I'd take it back to the store and just explain what happened to customer service. If nothing else they need to know that some crazy nutjob is contaminating their drug supply, which is flat-out dangerous. I think that's more important than your money.

You'll probably get your money too, that's just small potatoes to them compared to the fallout of having swapped drugs on their shelf.


Title: Has my tort case expired?

Question:
I was being sued in Texas as a tortfeasor on a car accident which happened August 2013.

The insurance company’s attorney filed a suit July 2015 for vehicle damages resulting from the accident.

The case was dwopped three times. The last DWOP was November 2015 and at that time the attorney filed a "Nonsuit Without Prejudice” citing their inability to serve me.

Since the nonsuit was filed outside of the statute of limitations (two years in Texas) is my case effectively over?

Did the dates reset when they motioned to reinstate from the first two DWOPs meaning they still have the ability to refile?

I have substantive background if you need but since this seemed procedural I left all of the merit stuff out.
Topic:
Insurance

Answer:
 Assuming the case was properly reinstated after the first two DWOPs, the plaintiff has 60 days to refile, per the Texas savings statute. I would expect to see it refiled before January 2016, if I were you.

I'm curious, though--you seem to be well aware of the case. Are you just ducking service?

(This is not legal advice. For that, consult an attorney.)


Title: Urgent care failed to perform basic assessments resulting in acute ear infections, ruptured ear drums and hearing loss...

Question:
(Maryland) Went to a local urgent care on Sunday with a worsening three week old cold.  Nurse practitioner looked at my list of complaints, the lack of a temperature, and basically said..."virus...you'll be fine."  She didn't look in my ears, nose, etc.  Relied on a negative quick strep and sent me on my way.

Two days later, vertigo, acute ear infections, 103 fever, went to my GP got antibiotics and that night both ear drums ruptured.  Lost a week of work so far and potentially permanently damaged my hearing.  worth talking to a med mal lawyer?

Answer: When you visited the UC did you tell them you had ear pain?


Title: Man suing me for damages to his car 2 months after crash, he was initially ticketed but is claiming I am responsible for 3,500$ worth of damages

Question:
Quick Backstory: according to the police report I was driving southbound at 20:09 (8:09) on the 15th of June. The man (Around 50 years old, had recently purchased his first car) turned left in front of me (19 year old male, no accident or ticket history) and I hit him at maybe 30 miles an hour after slamming my brakes. I pulled over and he immediately started my lights were off, which they were not. My lights are manual and the switch was certainly on when I pulled over. On top of that, even if they had been off the sunset is listed as 8:58 P.M. for my area, and it was certainly light enough to see. I have a rather robust car, and had almost no damage occur, while he was in a small Honda and I took off his bumper, smashed his headlights, caused minor frame damage, and deployed airbags. He was ticketed and the officer told me I was in the clear. As I didn't mind the minor amount of damage to my car which I knew I could fix myself, I decided to drop it. It's been 2 months as I said and I received a letter from him saying he is suing me for 3,500$ of damages and "injuries". I'm trying to find out if he payed the ticket as I was told that it would be considered proof of guilt beyond reasonable doubt. What else can I do to prepare? Do I even need to worry? This is all very new to me and I'm kind of stressed as I don't have the money to pay the damages with recent tuition payments. What can I do to prepare?

Thank you!

Answer: Contact your insurance company. It's generally best to contact them right after an incident, but late is better than never. They will provide representation in case he actually sues (it doesn't sound like he's suing you right now, just threatening to). Oh, and don't contact him for any reason.


Title: prenuptial agreement...should I sign it?

Answer:
 This has got to be a troll right? If not, work out your issues before marrying into this crazy. Answer #2: Ain't love grand?

You need attorneys if you're serious about this. And pre-marriage counseling wouldn't be a bad idea either.