Title: Signed a lease and can't get out! =[ Help!!

Question:
I'm a mess... ='[ I signed a sublet lease for 3 months but gave notice through email saying that I'd like to sign the new lease.

ME:
"I am emailing you in regards to renewing the lease for the apartment. I've really been enjoying the apartment and the location so I'm pleased to let you know that I'd like to renew the lease. Please let me know what the next step is for renewing the lease. Thank you so much ____!"

LANDLORD:
"That's great... happy to hear it. I will prepare the new lease agreement in the next couple of weeks and drop it off at your apartment. Thanks!"

After this, I NEVER received the lease and then sent the below email to follow up on the progress of the lease.

ME:

Sorry to keep bothering you! I just wanted to check-in to see how the new lease is coming along. If you want more time, I will be happy to drop off a $1,135 check for August and can pay the balance at the signing of the 2016-2017 lease. Let me know!

ME:
"I hope you've been staying out of the sun and keeping cool since it's been so hot out. July has felt like one long heatwave! Fortunately, closing the windows around sunrise is enough to keep the apartment cool and dry. Have a great week _____!"

LANDLORD:
"Thank you for checking with me... Yes - please just start paying the new rent rate... I am trying to get everyone moved in.  This is a crazy time of year and will be so through August. Happy to hear you are able to bear the heat.  It is extremely hot and humid:-)"

This is currently in the city of Ithaca, NY. I contacted the landlord again August 21st stating I would be vacating October 1st. No word from the landlord about the new lease or the move up until a week before the move stating I'm contractually obligated for the 2016-2017 year. I did send an email stating I wanted to sign the lease but was under the impression (as the email implies) that I wanted the physical lease to sign before it was official. I didn't intend my communication to be contractually binding but I never received the lease even after following up!

Please help, this is a very timely manner. I am thinking of seeking professional legal services on this but I would like to hear your take on this.

**QUESTION: Am I still obligated for the new lease that she never sent me but that I said I wanted to sign?**

Answer: Stop crying. Calm down. You are obligated to the terms of any lease that you signed. You can't be held to a contract you never got a chance to review and didn't sign.


Title: My Bf needs green card what is the process?

Question:
My bf needs a green card he has been here originally on a student visa since he was 18 from China. Now he is on a work visa. He has a masters degree in Logistics . He wants me to marry him so he can get his green card. He did mention if we were to get married now it would take 10-11 months to actually get the green card through the process. He also mentioned in a couple months he has to renew his work visa which grants him 2+ years here. I just wanted to know what are the consequences if I go through with this the good and bad . Should he just renew his visa. I have known him for 5 months so I am past 90 day fiancé lol and I am happy and secure in this relationship but sometimes I feel pressure. We have had conversations of motives in relationships as well and I feel secure with him.  We are a great match. So I don’t think he is using me. He is a great catch. So am I. So I am open to marriage that would be a great step in our bond.

(That is another discussion* but basically he is the giver in the relationship so he doesn’t need me technically he could find anyone in our city. He has a great job. I know what we have is authentic.just putting it out there I know how this may seem as well)

I’m just not sure of the entire process of this work/student/marriage  visa. What things can I do to make sure I am not screwed. This is very new for me I have never been in a situation like this and I really love this guy so any advice is a appreciated.
Topic:
Immigration

Answer:
 Keep in mind that you are solely responsible for keeping him.Answer #2: > I have known him for 5 months so I am past 90 day fiancé

That's not really something you should be using as your measuring stick.

> He wants me to marry him so he can get his green card.

Tell that to the immigration officials, and see how *they* feel about it.


Title: My car was hit and run. Next day, a witness left a note on my car with a description of the car and license plate number. What are my options?

Question:
On the night of St. Patrick's Day my car was struck. It caused minor damage - lots of scratches with one good dent on the driver door. I called the police to file an accident report. I had pretty much decided that I wouldn't be able to do anything about this.

The next day I saw a note on my car. The witness stated a woman backed into my vehicle, stepped out and looked at the damage caused, then returned to her vehicle and drove off. The witness provided a description of her vehicle and a license plate number. The note was anonymous, but it was written on the back of a receipt which had the witness' name on it. I found her on Facebook and am able to contact her if needed. (No contact yet - don't want to involve her unless necessary.)

I'm wondering what I can do in this situation. I would like for this woman to pay for the damage she caused to my vehicle. I would also like for her to get in trouble for driving off and leaving this mess to me. Should I call the officer that filed my accident report? I called my apartment manager and asked if they could look up the plate number but they said no. (I assume because they don't want to dig through all the paper files.)

**Edit:** Location is Des Moines, Iowa

Answer:
 > Should I call the officer that filed my accident report?

Yup. Give this information to the police and your insurer.


Title: Sister's husband died, now battling with his parents

Question:
All of this takes place in Pennsylvania.
  Background:
A few months ago my sister and her long time boyfriend eloped. While no one in the family agreed with it, on account of his history of drinking/drug use and stealing jewelry from my mother, she's an adult and it is what it is. I live out of state and my mother was visiting when this started, so for the first 8 hours or so my sister had no family present.

I'll just put this in bullet format, because there is a lot to deal with.

* Husband takes money from their savings, has an argument with my sister, leaves in her car, and ends up at the bar with his cousin. Cousin leaves at some point, and her husband is kicked out of the bar for being visibly intoxicated.
* Twelve hours later, my sister and her SIL go looking for him. They find him, in the running car, parked behind the bar. He had been dead for quite awhile.
* Car is impounded (her only vehicle), reports are given, she goes home with the SIL, who then notifies his family. His parents fly in from out of state.
* Autopsy comes back normal, coroner is still waiting on toxicology report. The coroner also happens to be a family friend through work (board member where my mother works) so we've been kept up to date as things happened.

This is where things rapidly deteriorate.

* As soon as his parents arrive, they begin making demands. They want him buried (he had wanted cremation, sister intended to do so). They want into the apartment to take his belongings. They force my sister to contact his work and inquire into his life insurance policy (My sister, and his young child with another woman are the sole beneficiaries. Sister has sole powers for both portions).
* My sister refused, and my mother finally arrives and starts helping her get things taken care of.
* His parents begin making funeral home arrangements, going so far as to contact the coroner to arrange for the bodies release. He speaks to my mother and sister, who both state the body is not to be released to the funeral home as he will be cremated. He agrees that he understands.
* The next day his parents call my sister to tell her they have a 10am appointment at the funeral home to check the makeup. The coroner, against next of kin's wishes, released the body.
* Upon arriving at the funeral home, she finds that they had chosen a coffin, arranged a service, 15 minute open casket viewing for family, and scheduled it all for the following day. Funeral director informs them that he had already been embalmed the night before and they had to keep the schedule. She is floored. **She is then left to sign the bill, and does so.**
* His parents then contact his place of work in order to find out the details of his life insurance policy. They also made a comment about how his child didn't need any of the life insurance money.
* He had been in the middle of a custody battle for the kid when this occurred. Parents demanded my sister apply for custody, she again refused. They then stated they were going to sue for custody, and wanted access to the life insurance money to pay for it.

----

As I see it the immediate concerns are A) protecting the life insurance policy ($125,000) and estate, B) stopping the in-laws from further involvement/interference with the remains or estate.

As of this afternoon, when I was informed of all the in-law drama, I arranged my sister an appointment with *her (and her deceased husband's) attorney* where they will do the following:

* Put his child's half of the life insurance policy into an education trust.
* My sister will have a portion withdrawn for immediate expenses, and the remainder placed in a trust that requires both her and my mothers consent to access.
* My mother will be given Power of Attorney over my sister's finances.
Reasoning is that this will not only protect these funds, but also protect my sister from any attempts they may make to have her deemed unfit to handle the estate. She has been an emotional train wreck over all of this, and they have already shown they are willing to bully her into giving them their way.

Further:

* Filing of a No Contact Order against his family, making all future contact go through the attorney and my mother.
* An immediate notice being sent to all persons involved (coroner, funeral home, his work, insurance company) notifying them that her (and my mother) are the sole representatives of the estate. And that they do not have authorization to talk to any other parties.

**What else should be done at this point/Is there anything that should be done differently?** Also, what can/should be done in regards to the remains being released without permission from the Next of Kin, and embalming being carried out without permission from the same. What is the possibility/likelihood of making his parents cover the funeral costs which they forced upon the estate?

Any help or advice is appreciated.
Topic:
Wills Trusts and Estates

Answer:
 > As I see it

What you see isn't worth the paper it's printed on. Much as you may love your sister, and much as I'm sure you mean only the best here, _this is none of your business_. Butt out, or get your sister to her own lawyer and then butt out. You're doing more harm than good by working with her in-laws' attorneys against your sister's interests.

Your sister should not be signing anything, whatsoever, without her own attorney. This is not the time for her to be in the middle of a multi-sided dispute, or to be signing powerful documents, without representation. None of the things you want to happen should happen unless your sister's attorney and your sister both okay it.

Your sister's attorney can guide her on managing her husband's child's assets without running afoul of the law. She has some responsibilities simply because she's not the beneficiary for that portion. If that child's caretakers prefer, they may be better-positioned to manage that money than your sister is, and may be able to sue to force the matter. Let your sister's attorney and the child's caretakers work that out.

For her own assets, _they're hers_. Life insurance payouts are not generally part of the estate of the deceased. Your sister doesn't have to listen to anyone's opinion other than her own as to what to do with that money. If she wants to blow it all on trips to Iceland and Bob Marley posters, that's her right as an adult. If she wants it sensibly invested, that's also her right as an adult. She _absolutely should not_ sign a power of attorney authorizing your mother to manage her finances unless _her lawyer_ thinks it's a good idea in line with her own wishes.


Title: My girlfriend signed a Non Compete at her old job that states she can't work in a competitive business for 3 years. Is it valid because of this 3 years? State: Louisiana

Question:
I've read alot online that says a Non Compete in Louisiana can't exceed 2 years.
The main reason for this question is her old company sent her a Cease and Desist to quit her current job.
We know we will need a lawyer regardless, but if the time restriction voids the original document, all we would need a lawyer for is just to call their lawyer.
The companies are private auto title companies.
She really wants to stay with her current company. And she was fired from the old job during the training period.
Also of this would go to court, would they have any bounds against her? And would they even want to bring this all the way to court?
Any advice is greatly appreciated.

Answer: NAL but she needs to contact an attorney since she was served with a C&D. Even if LA law says a non compete cannot exceed 2 yrs, it doesn't make the document entirely void, just unenforceable after 2yrs. Sounds like she's still well within 2yrs.Answer #2: OP, what is her job and duties? If it's generic enough skills, she may be able to contest the c&d on those grounds in the first place.


Title: 24-Year-Old in the Film Industry. Am I being Taken Advantage Of?

Question:
Throwaway because I'm semi in the public eye. I'll try to keep this as brief as possible. Pardon my ignorance.

Early in 2015, I accepted a position with a large media company you've definitely heard of in Los Angeles. I was part of a small team creating daily Internet content. A year and a half later and we're still doing this daily Internet content. Recently, I've been promoted to head producer of this operation. We've grown a lot in popularity, and some of our shows you may have seen.

Since the very beginning, I've been an independent contractor. I signed a crew deal memo and a W-9. That's it. This is full time. I work 10-14 hour days, five days a week (sometimes 6 or 7 days a week for special events). I come in at the same time every day, produce several live shows, and I leave as soon as our shows have ended. I get no lunch break, and I get no overtime. No benefits. That's similar to how an independent contractor in the film industry operates (minus the overtime and lunch break part), but typically, this is for a semi short-term shoot. I'm paid a daily rate of $250.

As we're a year and a half in, our small operation has become an integral part of the larger company as a whole. I would consider our daily work "regular" business operations for this company at this point. If I were to leave, the company would be in a huge bind to replace me quickly to appease the thousands of viewers who rely on my daily service. We're working with a pretty new media platform and the tech we use is very particular to our setup. In other words, the entire operation would crumble for weeks at least if I were to up and leave without training someone to take over.

I do it because I love the community we've created, and I love the team I work with. We've created a really great thing against a lot of odds, and we're churning a profit. I also realize I'm young, and sticking with this opportunity is pretty advantageous as it's given me a good foot in the door with a really nice bullet point on my resume. I REALLY don't want to leave here without a job lined up elsewhere because living in LA is not cheap. That said, I'm incredibly spiteful after this tax season paying nearly ten grand with almost no deductions to claim (most business expenses and equipment used are provided and taken care of by the business, not myself).

From all I've read, I SHOULD NOT be an independent contractor. Is there anything I can do anonymously to help myself out? Getting a job, especially of this type and at my age, is incredibly difficult out here. I'd love to not leave this job, but it's hard to justify staying here when my social life and relationships are dwindling at the expense of my long hours. The pay is great, don't get me wrong, but if I'm going to be working here, I want to be making damn sure I'm getting every cent I deserve, and benefits would be nice, too.

If I'm missing any important info that's needed to better address this situation, let me know. Any help would be appreciated.

EDIT: Added some clarification words.
EDIT: Both myself and the employer are in Los Angeles.

Answer:
 Everyone on a film crew is an employee of production, not a contractor. That is the law, and it is reflected in every unions agreement: DGA, WGA, all IATSE locals, SAG-AFTA, and PGA.

$250/ day is a good rate for a PA, its unacceptable for a producer. Even in new media I would look at producer rates being over $1,000 a day, personally I wouldn't touch a project where the producers where making less then $1,500/12 on new media.

My advice to you is to reach out to the PGA and ask about their efforts to unionize new media producers, also if this is BuzzFeed call the WGA they unionized the writers in New York, and should do so in LA.  I would also look at the DGA job descriptions and scale rates for Associate Directors and Unit Production Managers for live to tape.  If your work fits into those descriptions, I would ask for those wages, and not settle for anything less.

I'm not overly familiar with the intricacies of live and/or live to tape, but I am a DGA member and have worked on new media projects.


Title: Union dues taken from first cheque. I'm not a member.

Question:
Throwaway because job security and all that.

I recently started a new position with a company as a temp worker for a 2 month period. The work is on-call only with no scheduled shifts. I recently received my first pay-stub from a half-shift I worked in November. On the stub for that day it states that while I earned a half day's pay, they took all but 2$ for Union Dues. I am not a member of any union to my knowledge. There was no part of my paperwork when I started this job that asked me to join or informed me of being in a union. When I try to call the work pay office I am routed by recording through several minutes of options and then hung up on no matter which option i select. This is in Alberta, Canada. Do I have any options here? I need this money pretty badly even if it isn't a ton.

Answer:
 I’m not sure about Canada, but in many US states it’s perfectly legal to deduct union dues if you’re in a position where you could have joined the union, benefit from the union’s negotiations, but chose not to join. I wouldn’t be surprised if this was true there as well because you have much stronger union protections in general up there and it’s a necessary law to keep unions strong and fully functional.

It sucks that you needed the money and it was taken unexpectedly. I’d continue trying to follow up with payroll. If you’re not getting anywhere by phone see if there’s an email or a physical office you can walk into.

Ask your coworkers about the union. If you can find the union rep, talk to them.Answer #2: Driver helpers are temporarily members of the union, and the way I remember it explained was that you are taking hours that would otherwise go to a fully vested member. At least you're paying reduced dues, not full dues.


Title: [TX] Some jackhole put a political sign in my mom's front yard, she's convinced she's not allowed to remove it.

Question:
Hi there! Long time reader, second time poster:

My mom lives in Texas where there is a rather... *heated* political campaign going on. Some mystery person put a political sign in her front yard. It's for a politician she despises.

My mom would very much like to see it gone (In her words verbatim: *"I don't want people thinking I support the Zodiac Killer."*)

Unfortunately, she's convinced she's not legally allowed to remove it because of some article she read about political signs. The only complication I can think of is that the sign is technically within the easement in her front yard.

**In short: is she allowed to remove this sign?**

Answer:
 She can remove the sign.

BUT -- *and this may be where she is partially correct* -- she cannot throw it away as it does not belong to her. The sign belongs to the campaign. She can take it down and put it in her garage, or home, or backyard, or wherever. She can then call them to pick it up, and/or ask how they want her to dispose of it.Answer #2: This might not work for your mother, depending on what the police department is like where you live, but this actually happened to me in 2012. I called the police and politely told them that someone had left their personal property in my yard, it definitely did not belong to me, and could they take it or else could I dispose of it? They actually came and took it away. I have no idea what they did with it. The police in my town are very responsive and will deal with bullshit even stupider than this, but I know not all departments are like that.Answer #3: worst case scenario, put up a sign for someone or something she supports and place it in front of the sign that was placed in the yard. Answer #4: Remove the sign and contact that campaign group. Tell them they have X amount of days to get it or it will be disposed of. Iirc the law is pretty vague and says something about making a reasonable attempt at returning the property before you can claim it as your own. (throwing it away)Answer #5: That's her private property. Yes. Answer #6: What kind of easement? Answer #7: Yes


Title: [GA] Apartment lock broke, should landlord pay for locksmith

Question:
I got home at 1 AM last night and when I went to unlock the door to my apartment the deadbolt jammed and wouldn't unlock.

After numerous attempts to get ahold of my apartment's emergency maintenance, I was forced to call a locksmith to enter my residence. Emergency maintenance never answered my calls and did not respond to a message I left.

The locksmith stated that the lock likely broke because whoever installed the lock did not rekey it properly to begin with, so it wasn't due to misuse by me.

I went to talk to the landlord about possibly reimbursing the cost of the locksmith and was told that A. it was not their responsibility to pay and B. when asked what I should do in this situation, I was told that I did the correct thing by calling a locksmith but that the charges would be my responsibility.

I'm just wondering if they really should be responsible for the cost, especially as they should have insured the lock was installed properly to begin with. Honestly the locksmith didn't cost that much and it's not really about the money for me but the principle :/

Answer: The responsibility of the lock is the landlord.  You would win in small claims court if you presented the above information.


Title: Ex-GF created a post on FB slandering me for a claim that I have no relationship to and it is spreading like wildfire and ruining my reputation.... what do I do? [NY]

Question:
Ex-GF from 2 years ago created a post on facebook claiming that I owe her a low sum of money. All her friends are sharing the post and commenting horrible things that make me seem like I maliciously scammed her out of money. This claim is ridiculously untrue and she is posting vague screenshots of our previous conversation that do not prove any of her claims. I know she cannot bring this to a legal court b/c she literally has no evidence but the post is being shared and spreading like crazy. People within my circle and network are being exposed to it as of now.

I have no clue what to do as of now... some of my friends are defending me on the post but it still paints a sour image of me to others who did not know me prior. Some people are suggesting that I sue for defamation b/c I have screenshots of what she is saying and how it is ruining my reputation. Any advice is highly appreciated because I am very lost in this situation. It sucks to think that we went out for a long period and she posts this 2 years ago from our break-up in the middle of the blue.

Answer:
 Its not illegal for people to lie about you and call you a jerk, and you cannot sue for defamation unless you can prove you had actual monetary damages, IE you get fired based on these posts.

Honestly, just block her, ignore it and move on with your life.


Title: How can I help a severely abused mentally disabled 22.

Question:
I'm going to begin at the beginning so that I can give as much detail as possible but that will make this a very long post I do apologize in advance and thank you for any help you can give me.

This is in western Pennsylvania.

* * *

Since childhood my best friend and her siblings have been abused by their parents mainly their father.

 The police were called numerous times by family members who knew they were being beaten and the girls where being raped while my friend was still a child.

The police ignored it. No joke the only police report that a lawyer could find when looking into seeking help four years ago after the dad broke the then 17 year old Mentally Disabled son's arm said

" went to the house on domestic disturbance call both adults presents decline to press charges."

After years of police calls reporting rape and brutal beatings.

* * *

The lawyer was called by an uncle after the son was beaten for attending his sister's wedding.

She wasn't told what happened until several months later.

Despite a fractured cheekbone, broken arm, and a lot of bruises no charges were pressed and the parents kept their disabled son and continue to be in charge of his disability payment.

*I don't know what kind of checks he gets beyond knowing they get food stamps and some form of social security for him.

* * *

Because of what happened to her brother after her wedding my friend started keeping her distance and only kept tabs through what family would/could tell her.

It seemed to her like the best way to keep him safe(er) since it was a punishment for seeing her and the cops did nothing.

* * *

NOW FOR THIS WEEK

* * *

Her and her sister both got a call from their cousin saying that their brother was severely malnourished and they needed to do something or else he was going to die.

 So my sister,  who is working on her bachelor's degree in family psychology went with the younger sister who is her best friend to go and see what was going on at the trailer.

And they found that he was so thin that you could feel his hip bones through his jeans.

He was struggling to walk was visibly weak.

They gave him a box of donuts and he ate four of them and drank a pint of milk in less than 15 minutes.

Even though he has been continent and fully capable of using the restroom since he was in grade school he was wearing adult diapers because he couldn't get to the restroom because his parents had just bought leather furniture and an 86 inch television that  blocked the entire floor of their trailer except for a space that was just big enough for their two dogs to lie down in.

The dogs don't appear to have any signs of being abused other than aggression. But they're pomeranian mixes so that's kind of a breed characteristic if they aren't trained.

He has no place to sleep, and the only thing in the refrigerator are condiments and a bag of Halloween candy that belongs to the mother and he was yelled at for trying to give a piece to his sister after she gave him donuts.

* * *

So my sister and his sister took a video and went to the police.

The police told them

"we've heard this before and honestly we're tired of you people trying to get them in trouble there's nothing we can really do."

They then told the police

" we do not care if you get them in trouble we just want him out of there he is going to die if he stays there much longer."

The police then asked

"do you really think that this is the life and death situation?"

They said they do think that.

The police then asked if he was a senior and they said no he's 22. So the police call the number and told the girls that they would hear back from them within 24 hours and they would send someone out to look into it because they take the words life and death very seriously.

That was on Friday and all weekend they have been calling trying to get some sort of follow-up.

Today they finally got a call back and all that they were told was because he's not over 60 years of age there is nothing we can do no one has been out to see him don't Protective Services don't do anything for disabled 22 year olds and Child Protective Services won't take care of him because he's over the age of 18.

The girls been asked who can we call and they were told

"There's nobody."

* * *

What can we do, who can we call?

We're in fear for his life.

Answer:
 If CPS wont do anything, and APS won't do anything, and you won't do anything; there isn't really much that can be done.

The care of the 22 year old needs to come from somewhere, APS is the usual agency for at risk adults.  Where else is there he can go to for care?


Title: Maintained a credit card beloning to my deceased father, credit card company may have found out. Help?

Question:
Don't know how to handle this situation.

Credit card company has always given my family a hassle on canceling a card belonging to my father who died several years ago. Instead of canceling the card, my mom decided to keep it to save herself the hassle and for sentimental reasons.

 The card was locked after a notification of potential fraud, which was caused because I bought a charger for my phone. My mom missed the notification email and, as a result, the card was locked down.

My mom asked me to call and resolve the issue, posing as my father. I, of course, have never done this sort of thing and immediately make a mistake, saying who I am, giving wrong addresses, etc. before simply saying that I need to talk to my mom and hanging up.

The next day, after speaking with my mom, I call with the correct information, claiming to be my father and am told that I simply need to wait for the Freud department to call my phone, which I give them my personal number to.

Am I, to put it bluntly, fucked? I didn't realize what my mom was asking me to do, and it has me wild on edge. The card has *always* been properly maintained. No payments have ever been missed. Other than the fact that my dad is dead, the card has always stayed completely paid off. No sketchy balances, no strange payments - in fact, up until a few days ago, no issues whatsoever.

Edit: As a side note, my mom has tried paying off the charger on the card. Her payment was put on hold.

_____

Edit 2:  Just wanted to say thanks to those that responded. I'm going to get the death certificate and have the card closed before anything else happens. I definitely feel far more secure now than I did before.

Answer: If they call back don't talk to them. Tell mom she needs to close the card and get her own.


Title: Former escort, saw client, he didn't pay after we had our date. (Occurred in NYC, he lives in CA)

Question: [deleted]

Answer: This was to be an illegal transaction. You cannot sue him for not fulfilling his end of the agreement.


Title: Hate Crime

Question:
[CA]Recently at my high school there was an incident of hateful content being on Instagram which was created by a group of students. We've been informed by the school staff that this is a hate crime and that the creators of the group and the followers of the account could get cited. What is the proper legal action to do? Do the followers need to be legally punished and what about the creators of the account? The state I am in is california
If you have any questions I will answer them.

Answer: Your school administrators aren't necessarily a bastion of accurate legal knowledge. They may, quite frankly, have no idea what they are talking about. What was the nature of the IG?


Title: Websites downloading and reuploading my video on their own site or Facebook

Question:
Is there anything I can do about it?

For instance, [ebaums downloaded my video and then just reuploaded it](http://www.ebaumsworld.com/video/watch/84739025/?utm_source=Facebook&utm_medium=Facebook&utm_campaign=Facebook) in full through their video player and posted it on their website.

AskMen also took my video and chopped it up and [uploaded it to their facebook](https://www.facebook.com/AskMencom/videos/10153205007388723/). Although, perhaps there's counts as fair use maybe? I'm not quite sure on the rules for that.

Answer: [How to file a DMCA takedown notice](https://www.dmca.com/FAQ/How-can-I-file-a-DMCA-Takedown-Notice)


Title: Is it illegal for a 16 year old and an 18 year old to have sexual relations in California?

Question:
Is it illegal?

Isn’t there a law that allows it?

It’s only a 2 year difference.

Answer:
 It is illegal.

California has a hard age of consent of 18, with no close-in-age exemption.Answer #2: Age of consent is 18 in California; therefore sex with anyone under 18 is illegal. The law you're thinking of is a Romeo and Juliet law, which California does not have.Answer #3: It's illegal for minors to have sex in California.  There is no close-in-age exception like in some other states.


Title: Bong Probable Cause for Search(OH)

Question:
Well, Just last night I was sitting in my car with a few friends smoking out my bong in a College Parking Lot. Then we saw cops drive around and eventually they stopped. We then preceded to get out the Car and the police came over and questioned us on basic information on what we doing. Eventually, it lead to asking if we had been smoking Marijuana I replied No. Then when one officers went over to check they found a water pipe or bong in the front seat. They then questioned me about the pipe and I said it could be used for multitude of different uses. Then eventually they asked if I consented to search and I said I do not Consent to Search. Later, another cop showed up and they said we are going to see if the car is unlocked and if it is we are going to search it I said ok not consenting to search just acknowledging what they said. Later, lead to them confiscating the Bong and my grinder as well finding a one beer can.

The question I am asking is seeing a Bong enough probable cause for a search they never identified the exact reason for the search and just proceed to search.

So, My question is would a Bong be enough evidence to warrant Probable Cause?

Side information: I'm 19 years old and it took place in a car
Cited for: Possession of Paraphernalia & Possession of Alcohol.
Topic:
Drug Possession

Answer: Is having drug paraphernalia in your front seat in plain view enough to justify the search? Yeah, probably.


Title: Fiance was arrested for warrant that never existed, but charged with something different

Question:
The other day, my fiance and I were pulled over by a sheriff's vehicle and the officer that came out said that he had a warrant, but we had JUST been at court for a different city and no one said a word to us. Not to mention that he hadn't had to physically deal with the county in question since the end of October, so there wouldn't have been an update lapse in the system. Officer takes our IDs, goes back to his vehicle to check out the information, and while I knew I would come back okay (I've never been in trouble with the law), the officer states that my fiance's license is still suspended, which we knew, but that when he served time for the county in question, his state ID was also revoked...but we were never told that it was going to be revoked when he was in court for that county before jail time served or afterwards.

At that point, there was nothing I could physically do because they were already putting him in handcuffs and in the vehicle. He explained that because his ID was revoked, Gardner, KS requires that he be taken into custody. So the sheriff is saying that he's being arrested because of a warrant (with a bond of $1500) and because of ID revocation. I go straight to the bondsman, tell him the story, and he's looking up in his system and he's not showing that my fiance ever had a warrant. Just to be sure, he calls 6 DIFFERENT CITIES to confirm, including the one he was arrested for, and every single one of them came back with no warrant.

He takes down my payment information and says that when my fiance is processed through the booking system, he'll charge according to the bond posted online (which I trust him, he's literally the best bondsman in the city). So I go back home, tell my neighbors more of what was going on, and we're checking out the booking records. Low and behold, my fiance FINALLY pops up. But his arresting charges listed were completely different from what was said. It said online that he was arrested for driving on suspended whereas if it was because of a warrant, it would have said FTA. So what I'm pulling from it is that they knew he didn't have a warrant, but pulled him over because of it anyway, and because he was already being arrested, they just charged him for something they failed to mention at the time of arrest. Is there anything that can be done?

For clarification, we know that driving on suspended isn't good, he's not mad at that. But that is NOT what he was charged with at the time of arrest. He was told that he was being charged with the warrant and ID revocation, both of which can't be true

Answer:
 the officer states that my fiance's license is still suspended

Valid reason for arrest in that town.Answer #2: the officer states that my fiance's license is still suspended

Valid reason for arrest in that town. He can be arrested and later charged for other known offenses.  You can try to argue the officer had no reasonable cause to stop.


Title: Wife cleaned out our bank account. What are my options.

Question: We live in Arizona. I'm out of state for work, no where near her. We have been having problems. Last week she decided to clean out our joint account leaving me with very little. What are my options?

Answer:
 Arizona attorney here.  Arizona is a community property jurisdiction, which means each spouse is entitled to half of the assets and liabilities if the marital community.  In the event you file for divorce, the court will apportion your assets and debts between the spouses.  If your wife took all the money in a checking account, she will either be ordered to return the funds or the amount she took will be credited to her eventual apportionment of the marital assets.

That's the long answer.  The short answer is to hire an attorney that will protect your rights and make sure you get an equitable distribution of the marital assets.

If you're in Maricopa County, the Maricopa County Superior Court website actually has a decent self help section devoted to family law.  Best of luck.Answer #2: I'm seeing a few replies with people arguing what you or she can or cannot do. And most is true in most states. However, **Arizona is a community property state.** As long as you are married without contest, (re: until you file for divorce), she may have legal access to any and all assets accquired during the marriage, **regardless of whose names are attached to them**.

Lawyer up and file for divorce ASAP. Assess the damage and protect yourself.

If you need a bank account, open it out of state. That should stop her from being able to just walk into a branch and make a withdrawl.


Title: [NY] What is the legality of sexual intercourse with a first cousin who's also an adoptive sibling?

Question:
I'm 19 and she's 20, so neither of us are underage. Her mother was my aunt, making her my first cousin. Both of her parents passed away and she was adopted at age 4 by my parents, making her also my adoptive sister.

Would sexual intercourse be legal in this situation?

Answer: You'd be looking at incest in the third degree, a class E felony.


Title: Can current and past US Presidents renounce citizenship?

Question: The State Department could deny such request, and former presidents have certain restrictions and entitlements. But if revoked of citizenship and left stateless, would a current president be immediately removed from office, or would it require impeachment? Would a president renouncing citizenship be considered treason, even if not in allegiance with a foreign state? Would it even be possible to renounce it? It’s a question I haven’t heard anyone ask elsewhere online.

Answer:
 It would certainly not meet the Constitutional definition of treason.

Removal would require Impeachment.


Title: Serving a pregnant person alcohol

Question: About a year ago my girlfriend was bartending and a pregnant woman asked for a drink. She was told she still had to serve her. I am also a bartender and really hope it never happens, but is there some law that would allow me to not serve someone who is pregnant? I live in ohio.

Answer: You never have to serve anybody alcohol ever. Have your manager make the decision.


Title: as a child is there anything i can do about custody agreements?

Question:
im 14 and i dont know too much about how deep custody agreement go but my parents split when i was super young and the custody is that i have 6 days with dad and 1 day with mom but i really just want more days with my mom but im not allowed. they try to reason it as because i have school i cant just stay there but i know thats wrong as i can go to school and back on my own and im not even allowed to stay on break. nobody will admit it but the real reason is that my dad parents hate my mom and just want her out of the picture and he wont go against them

so yeah is there anything i can do to get to stay with my mom more? if i just decide i at least want to stay sat and sun with mom can they force me to go back home against my will?

i dont hate my dad his a good dad but its pretty clear the love difference between my mom and dad. i guess i can explain as my mom had me as she wanted me but dad had me because he just thought it was the next step in life and kinda wants to be more free again. i really dont think my dad would care if i did stay more with mom but my grandparents would and he wont go against them because they still give him anything he wants

and before anyone asks my grandparents hate my mother because they believe it goes against their public perfect family picture if people found out about custody and such

Answer:
 You cannot do anything.

Your mom can file to modify the court order. And you may be allowed to submit a letter or talk to the judge about your reasons for wanting to change. Answer #2: If your mom was to petition for more custody, she could probably get it (unless there's some reason she would be considered unfit). 50/50 custody is the default in most states now, which would give you alternate weekends and some weeks in the summer with your mom. If there was a custody hearing, you are now old enough that a judge would probably listen to your wishes and take those into account when making a decision. But there's not a lot that you as a child can do unilaterally. If your mom wants the custody agreement changed, she would have to do that for herself.


Title: [IN] family member - dropped from "Healthy Indiana Plan" for nonpayment, but has receipts of payment for everything that has been paid on time. She's called their office and they see that she's paid on time, but say they can't reinstate her.

Answer:
 According to the Indiana Dept. of Insurance website:

> To file a complaint regarding the Healthy Indiana Plan (HIP 2.0), contact:

> FSSA/Communications

> Attn: Lana Schneider

> 402 W. Washington Street, W461

> Indianapolis, IN 46204

Write a letter explaining that the premiums were all paid on time, and the insurance company acknowledged that they were paid on time, but she was dropped for nonpayment. Include copies of the notice from the insurance company and copies of her receipts/cancelled checks.


Title: Letter sent to me at work was opened (and possibly read) by someone other than myself.

Question:
My boss's boss just walked to my desk, handed me a letter that was addressed as followed:

My Name - PERSONAL
c/o Example Business Inc
6100 Example Lane, Suite L

The letter was opened, then retaped closed.  It's pertaining to a legal matter between myself and my state.

Does my employer have the right to open someone elses mail when it's listed as PERSONAL?  I thought that was a federal law...?

Answer:
 Are you going to be able to establish this was a deliberate act? Opening up regular mail is a mind numbing task. Many folks in offices and business sit and open envelopes without even looking at them. It happens. Have personal mail sent elsewhere.Answer #2: Why are you having personal mail about a sensitive manner delivered to you at work?

People open mail addressed to others all the time in an office environment because it's assumed that if it's mail sent to the business then it's related to the business.


Title: South Dakota - Has a wife ever been convicted of raping her husband?

Question: My friend is getting a divorce from his psycho abusive wife. She keeps sneaking into the house and trying to rape him. Her goal is to get pregnant so he won't divorce her. This last weekend she told over 20 people at a party she was going to go into his camper that night and rape him.

Answer:
 it's probably never happened (in SD), but it could. if she's threatening to break into his home and assault him, he can call the cops.

no need to worry about whether a rape charge will stick.


Title: Ex is trying to get me arrested and the kids taken away

Question: [deleted]

Answer:
 I find it a little unlikely that the nutritionist, hospital employees, *and* SLP have all teamed up with the father to lie about the health of your baby and the amount she's eating in order to take your children away from you.  Why would they all risk their medical licenses just to screw over an innocent mother?

You're gonna want a lawyer, but I've got to say your story sounds very suspect.  I'm not trying to be rude, I'm just explaining that if I find your version of events hard to believe, it's understandable why CPS and your doctor would as well.  A court is faced with two options here: either the father and half a dozen medical professionals have ganged up in an elaborate conspiracy against you, or the mother is having trouble feeding her baby enough.  I'm not calling you a liar, but one scenario is far more believable than the other.

This is why you need to clear your story with a lawyer, who can help you try to make sense of everything.  Answer #2: I would start by calling legal aid organisations to see if they can help you. (maybe google around using the name of your city/area, also google for womens law+ your area).

Your local bar association might also know a couple of these kind of organisations.


Title: Is my interest rate illegal (usurious)?

Question:
I live in Florida, and obtained a car loan from Drivestar Financial Corp dba CNAC for a vehicle from JD Byrider.   The contract states the APR to be 21%.

Florida law prohibits interest rates greater than 18%.     Am I misreading something?

Answer:
 http://www.avvo.com/legal-guides/ugc/maximum-rate-allowed-on-florida-used-car-loans

actually, sounds like the law allows a maximum of almost 30%Answer #2: If you haven't already do not get a car loan with an interest rate like that. You are much better off riding a bike for a couple months until you can buy something that runs on craigslist.


Title: A loud construction on our apartment building, and it’s expected to last 2 years, can i do anything as an apartment owner if they’ve never asked for my consent?

Question:
My apartment building randomly decided to start a construction on the building itself, and the people are working right outside of my bedroom window and waking up with a headache every day isn’t the most ideal way to start the day. The construction is expected to last two years and I was wondering whether I, as an owner of the apartment, can do anything to change the situation?

Thanks in advance!

Answer: Do you not have a HOA or condo association? Who is financing the construction?


Title: My school added a third-party key logger called "Bark for chrome" on the chromebooks we use and I believe its breaking some policys, can I verify this?

Question:
Hi, my school just added a third-party keylogger called "Bark for chrome" on the school's chromebooks without notifying any of the students... Most of us are minors in high school and I am currently wondering what I can do. This extension is also installed on my personal email (if I log in on the school chromebooks) So my question still stands, is this breaking any privacy rules or something?

Thanks in advance!
Topic:
Computer and Internet

Answer:
 Presuming you're in the USA, this is breaking no laws.  Their device, their rules; and you almost assuredly acquiesced to this as part of your user agreement.

As to whether it violates policy, we can't guess that.  Even if it does, they can simply change the policy.  Answer #2: Don’t access personal information on school equipment if you don’t want it to be monitored.

Your school’s technology policies undoubtedly allow broad monitoring of anything that goes on on school owned gear.


Title: Tax Dependent Battle (ex is on a rampage)

Question:
So I had a child with someone whom I was not married to in July of 2012. We moved in together in June of 2012 into an apartment. In 2013, tax season started, and we were wondering who was going to claim our daughter for the year 2012, well my now ex-gf agreed to let me claim her since I made more money. So I claimed her, however, sadly things went sour in October of 2013, and as of two weeks ago she has got an attorney that is demanding I amend my taxes for 2012 so she can get the dependent money.

Can she do that??

I live in Georgia, USA. Also I made about 6x what my ex-gf made in 2012.

Answer: If the kid was living with you for a majority of 2012, you are allowed to take the exemption.  Your girlfriend can't make you give her the exemption, but you can if you'd like to.


Title: My company has it in writing that we can't talk about our pay

Question:
I know for a fact that our company has it in writing that we are not to discuss pay with other employees. I also know for a fact that this is illegal. Is there a way I can anonymously report them to someone for having this policy?

My company is run very stupidly, they were in trouble not too long ago over non-compete clauses. Everyone in upper management is there because of blatant nepotism.

EDIT: this is in Illinois. I don't want to give my exact location because I am trying to stay as anonymous as possible. My apologies, Sir Bot.

Answer:
 You can just call your local Dept. of Labor. Nothing will come of it unless they take adverse action against someone who breaks it. What will happen is they will get colorful signs to hang up!Answer #2: It's not illegal to have the policy; it's illegal for them to enforce it.  There's a difference.Answer #3: >My company is run very stupidly, they were in trouble not too long ago over non-compete clauses. Everyone in upper management is there because of blatant nepotism.

Lemme guess: You work for the Saudi government?


Title: My girlfriend’s therapist is filing a report against a family member: what happens?

Question: Basically a family member molested her and she was shamed into silence by her family. She found the courage to tell her therapist (knowing a report would be filed). However, I can’t find any information online about what will happen to the offender, only what’s next for victims. I’d like to know if he will be notified, jailed, put on the registry or what. He isn’t a threat to her any longer but he still has access to children. Will we hear any updates or anything? She is no longer on speaking terms with the family so we can’t find out that way.

Answer:
 She is reporting to CPS. To keep the other children safe. Yes he will know. He wont know who reports but it is generally not hard to narrow down who it is.

You will not get any updates from any agency.


Title: What kind of legal concerns should I raise with my friend regarding his undocumented GF’s marriage request?

Question:
I would like to preface by saying this is not some kind of anti-immigrant rhetoric, simply something that is happening to my close friend and I am worried about.

5 weeks ago my friend Allen, who has not had a girlfriend in almost a decade, told me he had met someone and he was extremely excited. He met her through the owner of a nail salon who introduced him to one of her employees, a Vietnamese lady in her mid thirties who has been in the US for 10 months and has 4 children in Vietnam who live with her ex husband.

About 2 weeks after they started to date, Allen told me that his girlfriend had suddenly realized that her US visa had expired 4 months ago. It turns out she was in the US on a tourist visa which means she had been working and living in the US illegally.

They had a talk after she saw an immigration lawyer a
week ago, and she told him that she is in love with him, but if they don't get married she will have to leave the country when she gets caught and never be able to come back. She also told him she has a criminal record in her home country but has not told him what the crime is.

Allen told me all of this as these events unfolded, and
yesterday told me that he has already told her that he loves her, and is seriously considering marrying her after knowing her for only 5 weeks so she can stay in the country.

Now this could work out very well and she could be an absolutely fantastic partner. However, as a friend, I also feel that there are many red flags here. Because he is blissfully happy right now, I have not raised these concerns with him, although I can see myself doing so in the near future out of concern. He is a good person and I do not wish to see him taken advantage of.

Could someone kindly give me some input on the legal liabilities and implications this could possibly have on Allen if he decides to go through with this plan, and what are some possible methods to minimize fallout?

Answer:
 Red flags the size of Russia and China here.

Classic marriage/immigration fraud. “On no my visa expired marry me!” Is classic fraud. He’d be on the hook for her financially for 10 years. He’d be committing immigration fraud.

Run away.Answer #2: You can cross post on /r/immigration but her having a criminal record back home isn't going to be a plus, here.

Call me cynical, but I have to point out that your friend Allen doesn't really know that she saw an immigration lawyer, he only knows that she claims to have seen an immigration lawyer.Answer #3: This is textbook marriage fraud. She will leave him heart broken.


Title: My EX-BEST FRIEND of 10+ years stole my identity.

Question:
I'll try to spare all of the small unnecessary details and give as much informative information as I can.
I have had good credit up til this point. I decided to finally give in at 25 years old to open a credit line account. I decided to do this through my bank. Assuming that it was the safest way.
So, I get to the bank. The teller runs my credit. She came across 2 open lines of credit that were already open in MY name! I was shocked. Just thinking about all the horror stories I had heard about people getting their identity stolen. I couldn't believe that it actually happened to me.
Despite that "wonderful" surprise, my credit was still decent enough to be approved for the credit card that I wanted to be approved for. I decided to go ahead and start a new line of credit for myself, for the first time.
IMMEDIATELY leaving the bank, I called the 2 companies who issued the lines of credit in my name. Had the cards cancelled and an investigation was opened. One of the companies told me that address they had on file was not mine and, surprisingly, was a former address of my EX-BEST FRIEND. I knew right away who was responsible for opening 2 lines of credit in my name.
She was a car salesperson for a number of years. During that time, I bought a car from her. I'm assuming this is how she obtained my information and used it to open up lines of credit under my name.
I filed a police report that same day.
I spoke to an officer who now is on the case. He said it could take up to 30 days to submit a subpoena for prosecution. He asked me if I wanted to prosecute her and I replied "yes".
Only now, I'm lost. I feel like there's more that I should be doing but it just seems like a waiting game at this point.
I'm assuming that this will be taken to court. Now my question(s) are:
-Do I need to hire a lawyer? Would it be worth it?
-How are they supposed to get in contact with her to let her know about all this?
-My credit report shows that $400 is now owed by me because of the lines of credit that she opened. How does this affect her?
-Is there anything else I can do on my end?
I've never dealt with anything like this before so any little bit of legal advice would help.

Answer:
 > Only now, I'm lost. I feel like there's more that I should be doing but it just seems like a waiting game at this point.

You should pull a credit report on yourself and go through it item-by-item. Get copies of the police report. For each unrecognized entry, write the lender a letter identifying the credit entry, explaining that it was opened fraudulently and that you dispute that it is valid, and attach a copy of the police report.

You should also freeze your credit.

Otherwise, you're pretty much right: this is a waiting game. The creditors in question are allowed to investigate to determine for themselves that the entries are fraudulent before removing the items from your report. If one of the creditors won't take action or refuses to remove the item, you can worry about it when it happens.

The r/personalfinance wiki has a [comprehensive article](https://www.reddit.com/r/personalfinance/wiki/identity_theft) about this.

> How does this affect her?

Felony fraud charges are a real possibility. At best, once the creditors confirm she is the person who took out the loan, they'll go after her for the balance.


Title: A friend of mine got unreasonably searched

Question:
During aquatics PE today in school a friend of mine’s backpack was searched by a school administrator without his knowledge while he was in the pool. They claim that 5 people said he was dealing drugs (he wasn’t). We think that those claims are bs. They found paraphernalia and lost an important necklace that has a lot of monetary and sentimental value.  Was any if this illegal and can they sue?
Topic:
School Related Issues

Answer: In the US, it is called In Loco Parentis. The school stands in for the parent during school hours.  They can search with a reasonable suspicion.Answer #2: The testimony of 5 difference people is likely sufficient for them to search plus the fact that they actually found something shows it wasn't all made up.Answer #3: This search was both reasonable and legal.


Title: Someone scammed me of an e transfer and I'm setting them up tomorrow

Question:
Someone stole a 450 dollar e transfer from me for a purchase I tried to make for bitcoin. They stopped talking all together and now I managed to find another ad and fool them in to meeting me tomorrow.

What rights do I have to
1. Perform a citizens arrest?
2. Can I follow them in my car if they speed away and call the police?

Please give me advice what rights I have to handle the situation. I have texts as proof. I'm in Canada. Thanks

Answer: Performing a citizens arrest is a horrible idea. Call the police. Dont take matters into your own hands.


Title: Voting in Local Elections in Two States

Question: So, I am a student who decided to move a few states over for school. I physically live and study in MA but I'm technically still a dependent of my family in OR and most of my banking and driver's license type information is registered under that address. I understand that if I voted in the midterm twice, once per state, that would constitute voter fraud. But does, for example, voting for both the governer of MA and the governer of OR also constitute voter fraud? Do even more local elections like city-level also count one way or another?

Answer:
 > But does, for example, voting for both the governer of MA and the governer of OR also constitute voter fraud?

YES.


Title: Bug in Ear While Swimming at the YMCA- Houston, TX

Question:
Basically a June bug crawled into my ear while I was swimming at my local YMCA and I incurred medical expenses as a result, so I would like to know what legal remedies are available to me. It hurt like all hell and I don't wish it upon anybody.

What happened was I felt a bug on my ear and tried to swat it away while I was at the wall and then I started feeling excruciating pain inside my ear. I was pretty damn sure it was a bug so I got out of the pool and told a lifeguard to get some tweezers. The guy got some and looked in my ear but couldn't find the bug so I told him to get rubbing alcohol to kill it. While I was bowled over in pain the swimming director came and she started asking me what's wrong and I explained to her I'm pretty sure I got a bug in my ear. She was not at all helpful and was even somewhat condescending when she asked if I wanted her to call an ambulance. She didn't believe me and told me it was just water in my ear. I feel like her disbelief delayed the lifeguard in finding some alcohol. The kid couldn't find any and he eventually got some rubbing alcohol pads from the first aid kit and wrung them out in my ear. It stopped the pain and I filled out an incident form and drove myself to the ER. The doctor there saw the bug but since it was too close to my ear drum he couldn't get it out. I went to an ENT doctor the next day and he was able to get it out.

I paid nothing out of pocket for my ER visit since apparently my insurance covered everything but I had to pay $185 out of $600 for the ENT. That honestly was the most unbelievable part of this whole incident for me. I can pay it since I have good insurance and money but what do you do if you're too poor? Anyway I won't rant about that because I'll never shut up. Basically I want to see what I can hold the Y responsible for. I don't necessarily want to sue them because I believe the YMCA is a nonprofit that does great work- especially in poorer and inner city areas- and I truly believe in its mission, but I want to see if I can at least get them to compensate me for the bills via cash or free membership for a period of time. And I'm just curious if this is something that you could sue someone for or if it's just a frivolous lawsuit.

Thanks for your help.

Answer:
 > Basically I want to see what I can hold the Y responsible for.

Nothing.  They can't control bugs.  Answer #2: Nothing. YMCA can't kill every bug in their facility and can't stop a bug from flying in your ear.


Title: Can a mayor's court force me to pay fee to request a hearing?

Question:
I recently received a speeding ticket as someone that was driving my car got apparently caught by a camera.  The notice is called a "Notice of Liability" and gives me 3 options to handle it...

a.  Pay $200
b.  Blame someone else (put in their info and sign to certify I wasn't the driver.  I must also provide their contact information.)
c.  Request a hearing at the local Mayor's Court.  In order to request this hearing I must submit a $200.00 payment (I may or may not get back at the court)

A few other bits of info...

- The vehicle that was cited is in my business's name - not mine personally.
- This is in Ohio.
- From my understanding the nearby city that issued the ticket treats this as a civil manner, not a criminal one.  Therefore no points are assessed on my license regardless of the outcome.

My questions:

Should I really have to pay a fine to request a hearing?  This seems like it is unconstitutional as it violates my right to due process.  If I am being accused of a crime I should be able to have a jury trial without paying a dime.

I hate these BS camera speed traps.  The way the city handles this too makes most people just pay the fine but I think the way it is treated is unconstitutional and I want to fight it.

Answer:
 >Should I really have to pay a fine to request a hearing? This seems like it is unconstitutional as it violates my right to due process. If I am being accused of a crime I should be able to have a jury trial without paying a dime.

You're not paying a fine, you're posting bail.

Here's California's example:

https://www.dmv.ca.gov/pubs/vctop/d17/vc40519.htm

It's not unconstitutional, and I have no idea how due process comes into play here. I think you're just throwing around legal terms and hoping something sticks.

You do not have the right to a jury trial. Since this speeding ticket is a civil infraction that does not carry the possibility of jail time, you have a right to a hearing (likely before an administrative law judge), but not to a jury trial.

http://codes.ohio.gov/orc/2945.17

As to your opinion of speed cameras, I don't like them, but they do work.


Title: German Sovereign Citizen sentenced to life in prison for murdering police officer

Answer:
 A grim reminder that the sovereign citizen idiots we make fun of can be extremely dangerous.

> [..] Reichsbürger, which roughly translates as "Citizens of the Reich," a loose and diverse group of extremists who reject the authority of the modern Federal Republic of Germany. They subscribe to the conspiracy theory that since Germany never signed a peace treaty with the Allies at the end of World War II, the 1937 or 1871 borders of the German Empire still exist. They believe today's Germany is an administrative construct still occupied by the Western powers.

So yeah, they're nazis, but this is all to familiar:

>They do not recognize any state apparatus, often refusing to pay tax. They often print their own passports and driver's licenses and swamp local authorities with lawsuits. Their theories have been conclusively disproven.


Title: [FL] Broke foot in restaurant. Fair to ask that they pay for my doctor appointment?

Question:
[FL] I had dinner this past Saturday at a restaurant that had community style seating i.e. long tables that served more than one party and long bench style seating with no backing. A couple people from another party tried to get seated on the bench I was at, and in the process, the bench toppled over along with myself and the two newcomers. Lucky for me, the weight of the bench and all three people fell onto my left foot. I thought nothing of it and tried to get up but the immediate bolt of pain in my left foot caused my leg to buckle.

The shift manager came out and I was able to fill out an internal incident report with him. I refused him calling me an ambulance but told him that I would get an x-ray to be certain. He gave me the contact information of the general manager of the restaurant and told me to contact him to speak further.

In the heat of the moment as I wanted to leave the restaurant, I forgot to get a copy of said incident report. Monday, I had a x-ray of the foot where a minor fracture was found. I have scheduled a podiatrist appointment for his opinion. I have left several voicemails with the general manager explaining the situation and requesting a copy of the incident report. I am not trying to seek anything from the restaurant other than the x-ray and maybe the podiatrist opinion. This seems fair to me as I am missing out on work since I am required to be on my feet. At this point, my hope for a dialogue with him is dwindling. Is it worth it to contact a lawyer or am I in the wrong here? Thanks.

Answer:
 You waited 48 hours?

Your issue now is that they can argue that the fracture occurred sometime after you left the restaurant. Unlike you, they took immediate action to talk to their attorney who told them to sit on that incident report (or they took it upon themselves to lose it).

So yes, you're in a situation that you need an attorney. And no, you're not just going to ask for them to pay your x-ray and the opinion -- I hope to GOD you didn't mention that in a voice mail to them.

You're looking for a personal injury attorney, look for one on the Florida Bar website.


Title: Just turned 18 and already got 2 charges. What to do?

Question: I’m 18 years of age as early of early March. I was charged with possession of marijuana and possession of drug paraphernalia on March 29th and my court date is April 23rd. I have a friend that was at the event with me and he got the same two charges and court date. The cop said maybe all we’ll get is a $160 fine but I’m freaking out because this is my first time in any legal trouble. I’m in the state of Kentucky and going to college in the fall. I’ve already applied for financial aid but I heard I can get denied after this charge. Should I go in without a lawyer, get a public defender before the court date, or ask for a lawyer at court?

Answer:
 > The cop said maybe all we’ll get is a $160 fine

Don't listen to police, they don't have law degrees (usually). Hire a criminal defense attorney.

> I’ve already applied for financial aid but I heard I can get denied after this charge

Yes.

> Should I go in without a lawyer, get a public defender before the court date

A public defender is a lawyer. Are you indigent? If so you might qualify for a public defender.


Title: Made out with a minor who lied about her age. Cops showed up at my house. Getting a lawyer, any help is appreciated.

Question:
I am 25. I play Pokemon Go at the local village sometimes and alot of other people as well who became aquantances. Girl at the village approached me to catch a legendary pokemon for her because they are hard to catch. I do it. She finds me on facebook and says she wants to talk more. I get her phone number. I ask her how old she is, and she tells me 17. Ran into her at the village again, playing Pokemon Go, we made out on the bench. I tried to get her to hangout on a date but she always was unable to. I met her at the village another time and got her in my car to make out some more. We texted a bit over 2 weeks where she'd tell me she misses me and "wants me", tells me about her self, how she doesn't want to go to Montana for college, how she once got stuck at a red light and some guy kept honking at her. Just normal things that would never make me question her age. One day she texts me saying her mom is visiting from Montana and she is strict. I guess she lives with her dad or something.

The next day I get a message from her saying " This is X's mom, X is 14 years old. if you contact her or talk to her again I will involve the police"

Freaked out, took her off my friends list on instagram, and that was it. Never responded and never am I talking to her again I said to myself.

Well the mother lied too because today the police show up at my parents house, my parents call me and tell me to come to show them the texts, and I told them no, not without a lawyer.

So I'm going down to the station sometime in the next few days, where I plan on just explaining to them that she lied about her age, and showing them the evidence in the text messages.

I am from NY if that matters.

\*\* I know I did nothing wrong on an ethical/moral level because she told me she was 17. But am I wrong on a \*legal\* level?\*\* This is my main concern.

Answer: You have retained an attorney, listen to them and do not talk to the cops without them, that’s the only advice.


Title: FMLA how to go about?

Question: [deleted]

Answer: You were only sick for two days? That's not FMLA, just use your sick days or PTO.


Title: My ex-wife was given a rape-kit and just got a bill for it. Are there any steps she can take to get this waived?

Question:
We are located in North Carolina. Apparently a few months ago, my ex-wife was raped by a former boyfriend while they were hanging out. She called the police and, according to her, she was escorted to the hospital to get this procedure done. At no point was she told that this was something she would pay for - after all, it seemed like it was essential to an investigation. When do you ever hear about having to pay for police procedures?

A few days ago, she got a bill in the mail charging 1k for the kit. Down from 4k, from insurance. She doesnt remember giving them her insurance, though maybe they had it on record or maybe they can search up Medicaid enrollees. I don't know.

It just doesn't seem right, that rape victims are basically financially responsible for the situation. Doesn't seem right that the hospital can charge, when both they and the police failed to properly inform her of the cost. I've wished plenty of bad things for her, but being raped and then essentially charged for that rape is cartoonishly unfair.

I've already said she should talk to hospital billing to dispute the bill and to maybe find a lawyer who does free consults. I dont have faith she will do the latter, so are there any other paths that I could set her on?

Answer:
 Looks like North Carolina has a victims fund, hopefully they can help you. https://www.ncdps.gov/dps-services/victim-services/crime-victim-compensation

She can also contact RAINN for other support, if she hasn't already.Answer #2: Here’s the public safety brochure: https://files.nc.gov/ncdps/documents/files/RapeBrochureEnglishReduced.pdf

The hospital should bill Victim Compensation (last item):

>Free Forensic Medical Examinations
• If a sexual assault or an attempted sexual assault has occurred in North Carolina, the Rape Victims Assistance Program pays for the cost of a forensic medical exam.
• Trained health care professionals who perform forensic exams using the Sexual Assault Evidence Collection Kit do not bill the victim or the victim’s personal insurance, Medicaid, Medicare, or any other collateral source for the examination.
• A medical facility or medical professional who performs a forensic medical examination on the victim of a sexual assault or attempted sexual assault shall not seek payment for the examination except from the program. In addition, the medical facility or medical professional shall accept payment made under this section as payment in full of the amount owed for the cost of the examination and other eligible expenses.
• Payments by the program for the forensic medical exam shall be limited to the following:
Physician and /or SANE Nurse $350 Hospital/Facility Fee $250 Other Expenses Deemed Eligible
by the Program $200
Maximum Total $800
• After the rape kit is transferred to local law enforcement, the medical provider needs to submit a bill with an itemized statement of expenses as soon as possible to Victims Compensation.Answer #3: If she is on Medicaid, she can’t be charged anything. Doctor/clinic has to write that off.
Answer #4: Rainn.org is a great resource for survivors of sexual assault. You should check it out


Title: [Florida] What are my ownership rights now that I am 18

Question: I just turned 18 years old, and I was just wondering what my parents own and what I personally own now that I am an adult. Specifically speaking, my phone. I paid a friend for the phone so do I actually own it in a legal sense? My parents pay the cell service so I understand they could cut off the service from my phone if they wanted to, but would they legally be allowed to force me to open my phone so they can read my private conversations, web searches etc. ? Would I legally be obliged to provide them the passcode to that or any of my Google or Facebook accounts simply because theyre my parents? Or does adulthood make my privacy online and on my phone, mine alone?

Answer: You own the phone and have a right to privacy. Your parents also have a right to not provide you with a place to live, food to eat, and whatever else they give you. You may want to try to weigh your priorities accordingly.


Title: Bought screened fill dirt with glass in it and shredded my hands.

Question:
This is in Arizona

I am doing yard work and needed dirt to bring my yard level and plant grass. I purchased screened fill dirt from a local landscape supplier. When I spread the dirt I found out that there is glass everywhere. I picked through a 4x4 sf area and was able to fill a Pringles can half way

Since I was working spreading the dirt I had to go to the ER because my hands are cut up and full of glass. They are bandaged right now.

Is there anything that I can do? I know it is screened dirt but in my opinion Glass is a dangerous and my kids would cut their feet running on the dirt. I would like new dirt and a refund and I want the company to come and do all the work. Are there any other remedies that I may be missing?

Answer: You can pursue a refund and possibly reimbursement for medical care. Contact the business that sold it to you.


Title: I was refused FMLA to take my son to the surgeon for his wisdom teeth to be removed. However on the FMLA form it states that you're eligible if 'the patient requires assistance for basic medical, hygiene, nutritional needs, safety or transportation'. Help?

Question: [deleted]

Answer: Well, if he wasn't going to need your assistance for four days it sounds like the FMLA was denied properly. FMLA isn't designed for short term recoveries like this.


Title: I was given a $237 ticket for turning left on my bike, traffic court advise?

Question:
A few weeks ago I was riding my bike on the main road that runs through downtown in the city where I live. The main road has car traffic going both directions, and there are sidewalks on both sides that usually have heavy pedestrian traffic. Each left turn on this road has a sign that says no left turn. I always assumed this was for car traffic, because its impossible for a car to turn left during the day since the traffic is so heavy.

When I turned left, there was no traffic, and there was no pedestrians. If there *were* pedestrians, I would have gone on to the next street, and then the next, etc. until the road traffic *was* clear enough to turn left. Well a cop saw me turn left, pulled me over and then gave me a ticket. I did not hold up any traffic, nor did I almost run any pedestrians over.

Normally when I get a ticket like this, I just pay the fine, but $237 is way more than I've ever gotten before. I've never been to traffic court before. Do I stand a chance of not having to pay this ticket?

By the way, when the cop pulled me over he definitely gave me a hard time, when I was 100% cooperating with him. I won't say he harassed me, but he definitely went out of his way to make me miserable. The cop asked me for my ID, which I didn't have. I told him my name, my address, weight, height, pretty much everything he asked for. For whatever reason, the op decided he didn't want to believe me. He pretended like he was calling my info in through his shoulder walkie talkie, but I can tell he wasn't pressing down the button. He comes back and says "Thats not a match bro, tell me your real name, remember its a crime to lie to a police officer". I went through the entire process all over again telling him my name, birthdate, place of birth, etc a second time. All while this is happening, I'm visibly getting upset, but the cop has this stupid fucking grin on his face. He was really enjoying this. Should I bring up this story during traffic court, or will this hurt my case?

**I'm located in Santa Barbara CA.**

Answer: Bikes have to follow vehicle traffic laws also; you can get a speeding ticket and a failure to stop ticket. If you had walked your bike across the street this would be a different story.


Title: I worked a day I wasn't scheduled for. I'm not being paid for it, what should I do?

Question:
Hey guys, some context: I'm a lifeguard at a pool in a complex, and I alternate shifts with other guards. Our company strongly encourages us to do some sort of "party day" (a day to just have fun), so the other guard (who worked as much as I did at the pool) and I had a "party day".

Here's the situation. The day we scheduled to have our "party day", I was not scheduled to work. I figured if I wasn't going to get paid, at least I can show up whenever and leave whenever, and not do any actual work. However when I showed up (at regular hours) to the pool, the other lifeguard said that I could just phone the person who does our payrolls for pay and that I should stay the day. So I called her, however she did not pick-up, so I left a voicemail. I stayed for day, regularly clocked in (which I have proof of), and did most of the guarding. On a different note, I emailed my manager regarding expenses of that day, not related to my situation, however at the end of my email I asked about my pay for the "party day" because it had been two weeks since I left my voicemail. My manager sent that email off to the person who does our payroll, which she then replied I should have let her know beforehand (which I probably should have, had I known about getting paid).

So I'm in a situation now where I'm not getting paid for a day's work. I'm fine losing out on the money itself, but I'm not so fine with the fact I'm getting nothing for clearing my day to have this "party day" which I honestly did not want to do (the other guard wanted to for a bonus).

So my question is, who's in the right here? Did I not give sufficient notice or should I be paid regardless?

Thanks.

Location: Ontario, Canada

P.S I should mention that the person who does the payroll has a tendency to not be readily available. She responds to emails days late if not a week regarding topics that need a reply pretty quickly. As well, I know a lifeguard who was referred to her about an immediate health issue. They got her voicemail and still have not heard back.

P.P.S I did call and leave the voicemail during office hours, and I believe when she is in the office usually (weekdays).

EDIT: The "party day" is on a regular work day, and is like any other work day. The only reason why it's different is because the guards brings toys and plan games for the little kids. Not to mention, full-time lifeguards at the pool all attend (usually).

Answer:
 Normally, you are allowed to work when you've been scheduled to work.  It sounds like you showed up to work on a day when you were not scheduled to work and worked without authorization.

Leaving a voicemail isn't obtaining authorization.

If the co-worker who told you to work was your manager or some other person allowed to authorize you to work, then that's authorization.  If it wasn't, then you were not told you could work, and should not expect to be paid.


Title: My brother is in jail, hes been in jail for 75+ days. He is to be transferred to a low custody substance abuse prison facility sometime after Jan. 1st. None of the time he is currently serving counts towards his 6 month sentence.

Question: Is this legal? Shouldnt his time count towards his sentence? Our father has small cell lung cancer that has spread throughout most of his body and we're not sure if he'll make it the next 6 months after my brother's transfer. My dad just wants to hug his son one last time. Is there anything we could possibly do to ensure that this time spent in jail counts? This is in Texas. Any advice would be greatly appreciated.

Answer: Jail=/=Prison. I know some judges will rule that jail time can be added to prison sentence (so 6mo sentence minus jail time served= actual time spent in prison) but this is not always the case. NAL, my uncle is in prison.


Title: (PA) I need advice on testifying in court, it's the first time I've ever been involved with any legal things. Also, I'm 15.

Question: I've been subpoenaed to court to testify on behalf of the state, and I need some advice as to what to do and not to do.

Answer:
 You should arrive early, dress neatly and like you think a boring adult would, and follow all the instructions that someone in charge gives you, especially if a judge tells you what to do. There will be other people there, behind desks, and doing important things. Just be polite, and ask for help if you get confused or lost. They might not seem nice at all, and they are often very busy.

Tell the truth. Don't lie, no matter what. If you get scared or overwhelmed, you can say so and ask for a break or some water. If you aren't sure of an answer, you can say that too.

Good luck. You're going to be fine! Answer #2: When you’re asked a question by the opposing counsel, wait 2 or 3 seconds before answering to allow for objections. If there is an objection, wait until the objection is ruled upon before answering. If in doubt, ask “does that mean should I answer the question?”

Take it slow, take deep breaths, and be honest and straightforward, even if you think the question is unfair.

You’ll do great.


Title: I want Shake Shack to stop using my voice.

Question: I worked at Shake Shack in NYC as a burger flipping peon for about a year and a half. During this time, I sent in a clip of my voice as part of a search for someone to redo the national voicemails. I was selected along with another dude and they randomly split half the stores between us. I visited the home office, and recorded voicemails including directions and information for 60+ locations in the US. I was 17 years old at the time, if that matters. The whole thing took a little over 4 hours and I was paid my usual hourly wage which was $12.00 an hour, so after taxes it came out to about $35. I left for the month of August 2017 and because it was more than two weeks away unpaid, they had to remove me from the system, and I was told I would be hired back immediately when I came back, as had happened the year before. They rejected my application, telling me one of the managers didn't want me back, and they also turned me down after an interview at another location in the city. That was in September last year. Anyway, I want Shake Shack to take my voice off their systems, and I'm not sure if there's any way I can make them? Pls advise.

Answer:
 Almost certainly not.Answer #2: Unless you signed a contract stating anything different it sounds like they have full rights to this recording you gave them in perpetuity.Answer #3: > I'm not sure if there's any way I can make them?

There isn't.


Title: Lost rifle in the woods years ago while on drugs, now wondering wat do

Question:
First off, this is a 100% true story and not my proudest moment.

When I was a few years younger I bought a rifle at a gun show in Wyoming, with background check and all that good stuff, so the serial number is tied to my name. A month later, I decided to go in the woods in a National Forest and do shrooms. I took this rifle with me, for reasons that I haven't quite figured out to this day. I think I just wanted to play with it and thought I'd kill two birds with one stone. I know, I know. As far as I know it is legal to shoot in a National Forest. I had my rifle strapped to my backpack, took approx 12 grams of dried shrooms, and headed up the mountain. This was a very large dose, I quickly knew I had made a mistake. On my way up the mountain I passed a few college kids going down. I immediately became paranoid (probably justified) about them calling the police over a highly agitated looking man with a rifle running around a National Forest. In my altered state of mind I decided the best thing to do was run off the trail, hide the rifle under some leaves with just a bit poking out so I could find it later, go to a different place and hide. I then spent about 6 hours underneath a tree going through a very paranoid and uncomfortable trip. I heard a women walking her dog down the trail and was convinced it was the police or search and rescue looking for me with dogs, and nearly walked out onto the trail with my hands up.

As I started to come down from the trip and it was getting dark, I went to retrieve the rifle. As I'm sure you've already guessed, there was no way I was finding it. I could have ran off the trail at any point over about a mile of trail, and I had no idea how far I had gone into the woods. Clumps of trees that looked very distinct under the influence didn't so much when sober. I spent the remaining hour or two of daylight looking to no avail. Returned 3 more times and spent about another 8 hours before giving up for good.

Believe it or not I am a bit more responsible now and have stopped taking psychedelics. It's been kicking around in the back of my mind what would happen if someone found it, or worse yet, used it in a crime. In all likelihood it's still buried under the leaves, possibly even underground now, but there's no way to know. What should I do at this point? Reporting it lost seems the obvious option, but I would have some explaining to do. Would the authorities contact me if it was found or could it be sitting in an evidence locker somewhere?
Thanks.

**TLDR**
Lost rifle in National Forest woods while on shrooms years ago, rifle can be traced to me, what should I do at this point?

Answer:
 The good news is that [Wyoming doesn't have any legal requirement for you to report a lost firearm](http://smartgunlaws.org/reporting-lost-or-stolen-firearms-in-wyoming/).

Could you go back with a metal detector? Or would you not have any idea where to start?Answer #2: Stainless steel or blued?


Title: I crashed my boss' truck, only to find out he didnt have it insured properly

Question:
I crashed it. Totalled the car I hit. Was going to take it to MPI, the insurance company in my province, only to be told not to. They paid out the lady 5gs and made me fix the truck, but they also want me to pay them the 5 grand.

I was not told about this insurance issue. I live in the house that the company pays for, so if I don't comply I'll be homeless and jobless.

I don't know what to do. I haven't even made 5 grand with this company yet. Can I take this to court? Or if I walk away and accept the street life for a bit, can they take me to court? I have never been in a situation like this, I need some legal advice.

I am in Manitoba, Canada. The truck was insured to Alberta, and driven in Manitoba for 2 years (meaning that they legally had to switch it over but didn't) and it was also insured so that just the boss can drive it. That's why they decided to settle it outside insurance, otherwise they would be hit by insane premiums

Answer:
 As a driver of a commercial vehicle, you are responsible for ensuring that the vehicle you are driving has insurance. This would be something that you had to check in your "pre\-trip" inspection. This is your responsibility. This is likely an expensive lesson for you but for now, and in the future, it is your responsibility to ensure that any vehicle you are operating has insurance.

This is all assuming that there weren't falsified insurance documents in the car?

**EDIT** Ok, this is a mess. The vehicle was insured but the employer wants to charge the employee instead of going thru insurance. This is not ok, as the employee was not negligent. OP shouldn't have to pay, it's illegal for the employer to deduct wages and if the employer sues OP, there's no chance they would win.


Title: Where can I go to park so I can live in my car?

Question: I'm 18, and I refuse to live with either of my parents while I go to college and staying at the college is too expensive. I don't mind sleeping in my car at night then using their places to shower and shit, but I'm not going to be there. What kinds of places can I go to sleep? Walmart parking lots? Parks?

Answer:
 I was car-homeless for several years of my life.  Walmart won’t make you leave if you stay overnight, but get your car out of the lot when the sun comes up.  You can repeat this basically forever.  Parks cost money and don’t offer much more than a parking lot, except leg space.  But at Walmart you have access to bathrooms, Wi-Fi, cheap everyday goods and often the watering hole of homelessness: a McDonald’s full of McChicken/McDoubles.  Walmart is surrounded by civilization, and all the things you no longer have access to due to no longer having running water or wall outlets.  Incorporate it into your survival strategy, because this homelessness you are choosing is going to be about learning how to survive, or giving up and going back home.

Honestly, homelessness sucks so much on a psychological level that I urge you to figure out some way to live with your parents.  I did not have that option, but if it was available to me I would not in a million years have chosen waking up at 2am choking on my own sweat, with all my limbs asleep due to hunching between my car seats for a bed, over just going back home.  I don’t know if you’ve been homeless yet, but the first night you’re in your car and your brain says “ok, the day is done, let’s go home”, but you have nowhere to go, is more miserable than my awful parents ever made me.


Title: So if you are 13 an watch porn what would happen canada

Question: We you click ''im 18'' and they find out you not what will happen to you? Jail,fine. Im from canada

Answer: Son, if you don't know what happens when you watch porn then you are too young to watch porn.Answer #2: Your mom could catch you wanking and you might learn something deeply disturbing about yourself, or about your mom, from the experience.Answer #3: If you think you're the first 13 year old in your town, much less all of Canada, to break that particular law - I've got some news for you. Answer #4: Do you really think the law and/or courts are concerned with a 13 year old watching porn? They have crimes to deal with.Answer #5: If your parents catch you they could restrict your computer access or ground you or reduce your allowance or something.


Title: Vancouver, BC - Roommate was caught using my laptop without my permission

Question:
I'm curious what sort of legal grounds she has to "her" resume.  As far as I'm concerned, she used the laptop without any sort of consent and now that all her information was saved within it, any contents left within the laptop are mine since data is not tangible.

Am I technically free to do as I please with said contents or does she have any sort of rights to them?

Thanks

Answer:
 She has no legal rights as long as you didn't imply permission.

But practical advise a roommate with a job is better then a roommate looking for a job , I don't know that I would deny someone I was splitting cost of utilities and housing with their resume.

http://lmgtfy.com/?q=cutting+off+your+nose+to+spite+you+faceAnswer #2: > Am I technically free to do as I please with said contents or does she have any sort of rights to them?

If she wrote the resume, then she owns the copyright to the resume.  Doesn't matter that you own the equipment on which it was written.  If you copy it or distribute it or sell it then she could sue you for copyright infringement and you would lose, if she were inclined to do so.


Title: Can I be issued no tresspassing by a person I've never had contact with?

Question:
[Virginia] I visit my girlfriend regularly at her home that she rents from a private landlord. I have never spoken to the landlord, seen her, or had any contact with her in any way. Its come to light that she wants to issue a no tresspassing order against me and is trying to have the papers served today. Is this legal? I have committed no crimes and am not bothering anyone. I'm worried because I am supposed to be here through the week to help my girlfriend move out. On what grounds can the landlord issue no tresspassing agaisnt me? Simply because it's her property and she decided she doesn't want someone shes never had contact with there?
Topic:
Landlord Tenant Housing

Answer: Just to clarify, the LL is not on the property? Your GF rents the entire home?


Title: Help: My car was repo'ed and when I got it back, the car was destroyed (x-post from /r/personalfinance)

Question:
My 2009 VW Passat was repossessed about two weeks ago. When it was taken from outside my house, the tow-truck driver didn't attempt to contact me at all(I was inside the house, lights on and everything). I contacted the lien-holder and they gave me a payment plan to get it out of repossession, which has since been taken care of. The towing company that the lien-holder contracts is based out of NM, I am in AZ. The towing company gave me the phone number of the driver who would be able to open the repo yard and allow me to get my car. On the phone, the driver said that both of the back tires were flat(brand new, with less than 2000 miles) and the car probably wouldn't make it very far. He proposed that he could tow the car to the nearest tire shop so that we could get the tires replaced in the morning. Now, I got the car back last night (Friday, Nov. 6) at about 9PM in front of the tire shop. I brought a flashlight so I could assess the rear tires. Upon inspection, I found that the tires were destroyed, like the car had been dragged all the way to the tow-yard with the parking brake on. As I went around the rest of the car, I found numerous scratches as well as pieces of the car that were hit out of place, including parts of the front and back bumpers and even a piece of the grill was missing. Also, the car was completely dead. This morning, we got the battery charged and the car to start. However, when dealing with the tire salesman, they couldn't get the car to move. The transmission was completely locked and after calling VW, they said they had no idea why the shifter wouldn't move. They said the only way to get a good answer would to be to get it towed to the dealership so they could look at it. Now, me being a poor undergraduate university senior, this is just going to cost more money, money that I don't have.

What can I do? Am I SOL or is the towing company liable? Please help.

Answer:
 Ask for their insurance info. If you have collision I would contact your insurance as well.

You may want to ask the bank or lender who had it towed as well for the insurance info.

Most likely the tow company is responsible. Answer #2: Sounds like it was towed with only the front lifted while in gear which has destroyed the transmission (unfortunately common due to lazy tow drivers). Towing only on the front is fine for FWD cars without the parking brake on but will ruin a RWD/AWD car that is in gear. Is this the AWD model?


Title: Is it legal to run over a mob blocking your car if they start hitting it?

Question:
In canada, Quebec
Topic:
Canada

Answer: No. You can use reasonable force to defend yourself. Running someone over is not a reasonable response to them damaging your car.