Title: (CA) My wife and I are divorcing but we still live in the house with our two kids. She just threatened to file a domestic violence restraining order against me but I haven't done anything. What can I do?

Question:
My wife and I live in the house with our two kids. We have been married for over ten years and she has primarily been and remains a stay at home mom. Unfortunately we are headed towards divorce and I am in the middle of preparing the divorce papers, though we still live in the same house together. Yesterday she threatened to file a domestic violence restraining order against me. I'm not a saint but I can definitely say that I have never hit her or even come close, and I suspect that she is doing this in part to get sole physical control of the house (which I worked and paid for on my own) and custody of the kids. Just doing a quick search online, I have read horror stories about men whose girlfriends or wives falsely accuse them of domestic violence to secure a domestic violence temporary restraining order. I have also read that an alleged victim can walk into court with a few papers and statements and come out with a temporary restraining order without giving the alleged abuser an opportunity respond. How can I make sure that this doesn't happen?

(Los Angeles, CA)

Answer:
 First, file your divorce soon.

Second, there's zero way to prevent her from requesting a RO. She can go to court and request one. They may issue a temporary one. You'll get a court date. You both show up and argue why it should or shouldn't become permanent.

All you can do is stay out of her way, or even move out if you really think she's going to level false DV accusations at you. See a local lawyer immediately on Monday to get your divorce filed. It's obviously contentious and you need to get this going.

That house that "only you paid for" is probably marital property, BTW, and she will be getting half the equity. Same with your pension and retirement accounts, for the portion accumulated during the marriage.


Title: Can I sue a potential employer who rescinded an offer and left me unemployed?

Question: I got interviewed for a job here in Washington, got the job, and signed the offer letter. Two weeks afterwards, on the Friday before the Monday I was suppose to start, I get a call from my "new employer." They say they were rescinding their offer because they found that I "lied" in the application. I was confused. They said I lied about my salary from a job 5 years ago. I looked at a copy of my application. I wrote down $45,000/year. According to their "investigation" they found out I made $44,490/year. I tried to reason with them and had I known they wanted the exact dollar amount I would have acquired that information. Also, I was off by $510 and its obvious I was making an estimate, not to mention this was a job from 5 years ago. Its logical that I wouldnt know the exact dollar amount I made! Surely, this was not a deliberate attempt to hide the information. They didnt care about my explanation. So, just like that, I became unemployed. My previous employer already hired my replacement so I couldnt go back. Its been 4.5 months now, I am still looking for a job.  I also found out 3 months ago I am pregnant. I have to pay Cobra a monster premium of $890/month because switching to another healthcare provider has higher premiums due to my "pre-existing" condition. I am sticking with the health plan because I want to provide care for myself when I give birth. I am sure the hospital bill will be catastrophic without insurance. I am so stressed out, I am not sure how I am going to find a job when my belly starts to show. Its wrong to discrimate against pregnant women, but lets be honest, no one wants to hire one because of the inconvenience of maternal leave. I still cant help but think, what the company did to me was wrong. Can someone tell me if what they did was legal? Is it my fault that I assume they would accept an estimate? And for crying out loud, I was only off by $510! Most people are off by thousands of dollars.  They really put me in a bad predicament here and I want to know if I would have any legal standing to sue them.

Answer:
 We’re they a dick? Yes. Although I’m betting it was something else from the background check that triggered them and they just used the income verification as a scapegoat.

The kind of claim you’re talking about revolves around promissory estoppel and detrimental reliance. The problem with these kinds of claims are when they intersect with “at will” employment. Generally speaking, if you know you’re at will and can be fired at any time, that also extends to being fired before you started. They didn’t make a promise to hire you for a specific length of time; so there was no promise broken that you could hang a promissory estoppel case on.

The only time a detrimental reliance case really works in an employment context is typically when there is a firm employment contract with consideration on both side which guarantees the job for a set period of time (even if its for a short initial ‘trial’ period). An offer letter alone is not sufficient. The other time is if they promised something like travel funds for an interview without expectation of payback; and then reneged on that after you spent the money.

Your situation, while shitty, doesn’t give any indicators that it rises to that level.


Title: Can I file a lawsuit and what would be my most appropriate course of action ?

Question:
Hello,
I am a J1 Visa student from Bulgaria working for Holland America Princess in Denali, Alaska. I am on a work and travel program this summer, but my working environment has been far from pleasant. Today a coworker of mine - J1 Student as well - was being rude yet again to me calling me an idiot and even hit me mildly. The sou chef was there and saw everything ( I am working in a kitchen ) and contacted to upper management. My coworker was called upon and I did not see her until later in the day. I am not completely sure if she is fired yet, but as far as I know she is being sort of administratively suspended ( I think I am going to find out more tomorrow). The thing is that there was a slander, defamation, and a physical assault (the hit was minor but it is a fact she did hit me) and therefore I think I would like to sue. However, I am in the States for the first time and I am not sure how it all works, plus I am afraid I might not be able to afford it at all. Therefore, I am looking for your help.
I am male whereas the colleague that hit me is female, if that makes any difference.
Thank you in advance.

Edit:
PS I did not or have never insulted her explicitly, or attacked her physically and I remained calm during the whole thing today.

Answer:
 What, exactly, did she say that you believe is "slander?"

Given your situation, filing a lawsuit in the US is likely to be impractical anyway.


Title: Brother suspended for a song he made

Question:
Not sure if this is the right sub, not sure where else it could go.

My brother (10th grade) made a very vulgar song about sex and put it on sound cloud. He got suspended for a week by the school because they claim he wrote it about a specific person.

Apparently the person in question was crying and claimed to have "witnesses" that saw my brother say the song was about her.  Ive asked my brother and he said it's not about anyone at all. On top of that he's only ever talked about making the song with his close friends.

Can the school suspend him for that?

Answer: Yes, they can. This is an administrative issue, not a legal one.


Title: Neighbors partially blocking me into my garage [Houston, TX]

Question:
Hey, I live in Houston and I'm having an issue with my neighbor. I rent a house that's amoung 5 others in a small gated community.  There are no driveways - everyone's garage opens up into something like a communal driveway.

The house directly across from me is currently empty.  My issue is with my neighbor to the left of me. The person who rents that house constantly has his girlfriend over, and she keeps parking directly in front of the empty house opposite me's garage (even though she could just park in front of her boyfriend's garage).

This means that whenever I leave my house, I have to take a full 10 minutes doing something like a 50-pt-turn just to get out, and have to get dangerously close to her car each time.

My husband and I have tried asking nicely, and being firm, but it gets better for a couple days then comes back.  Do we have any legal recourse we can take here? It's getting to be a serious issue for us.

Thank you for your help.

Answer: HOA?Answer #2: Can we have an ms paint diagramAnswer #3: Complain to the HOA.


Title: Failed a surprise drug test, help!

Question: I failed a drug test for my drug and alcohol evaluation. I am on pretrial diversion so I don't have a probation officer. What happens now?

Answer:
 Now you probably go to jail because you couldn't be bothered to lay off the sauce.Answer #2: Well, your diversion is cancelled, you get the original charges plus a new charge (contempt or something of the like), and you've totally ruined your credibility in the judge's eyes, so you can forget getting a good deal.

It's time to hire an attorney and hope he knows a way to dig you out of this hole.

Answer #3: So you were given a second chance and threw it away? I think you know


Title: [TX] Tattoo artist refuses to give my buddy his deposit back

Question: My buddy put a deposit down for a tattoo, however the artist keeps cancelling on him whenever he books and re-books his session. This has happened multiple times now. He has politely asked for his deposit back since the artist still has yet to tattoo him. The artist claims he can only give him back half his deposit due to the fact that the artist spent time drawing and designing the tattoo. My buddy has asked for the picture, but the artist has yet to provide it. Is there anything he can do to get all his deposit back?

Answer:
 You could sue in small claims court for the rest of the deposit and the picture or you could have a lawyer write a fancy letter demanding the same.Answer #2: IANAL, but I'm a body piercer and I work with tattoo artists.

You're not going to get the art.  you paid for the tattoo artist's time to draw it, but the art itself is the property of the tattoo artist.  They aren't just going to give it to you so you can go get tattooed somewhere else.  You can commission art from a tattoo artist, but the rates are usually higher (I have a drawing from a top nationally recognized artist that I paid over $1000 for).

As for the deposit, you may have better luck with small claims court.

The artist sounds really unreliable and unprofessional.  Why does he keep rescheduling?  How long has it been since your first attempt at an appointment?


Title: Someone told the cops I sold weed

Question:
A little context (Virginia),

Last night I was at a friends party along with about 30 other people. I brought my mason jar of weed (about 2 ozs) in a backpack to sell to my friends. Around midnight my buddy calls me and said "watch out there's an undercover pulling into the neighborhood." Exactly 15 minutes after that, 4 street crime cops and 1 in uniform stroll up the drive way into the carport where about 10 people are smoking cigs and they began asking for the owner of the house. I proceed to step into the house and immediately the cop in uniform shouts my full name...wtf. I turn around immediately and he said, "come with me we need to talk." So we go into the front yard and he starts the whole routine "Where's the weed? We know you have it, don't play dumb. No one will go to jail if you just cooperate" to which I reply, "I have no idea what you're talking about."

He then explained how he received an anonymous call stating that I had a big mason jar of weed. I told him to pat me down, I knew I had nothing on me (the backpack was in my buddy's car). After the pat down he then sought out the owners and asked them if the street crime unit could search the house. They agreed to the search and the cops found nothing after 3 go arounds.

After they realized they couldn't pin anything on me they let me go back to the party. I asked the owners what the cops said to them and they said it went something like "So how well do you know him? We've been dealing with him for awhile" which is completely false, I have a clean record.

Were they bullshitting just to get the owners to give me up or is there a possibility that I'm being watched? I'm assuming there was a narc at the house simply due to the fact that 1. I didn't drive there, so I couldn't have been followed but they knew I was there. 2. I just recently got the mason jar, no one had seen it til last night and the cops explicitly said MASON JAR.

I'm just unsure as to how to approach these next few months. And if I'm "hot" how long do I stay "hot"?
Topic:
Drug Possession

Answer:
 No one with any legal background is going to tell you when it's safe to start breaking the law again.  That's not a moral judgment, mind you.  It's just that "your best legal option", from a lawyer's perpsective is always "don't break the law".  If the lifestyle is important enough to you, the backup advice is "Move to Colorado or Washington".

If the cops were lying, I wouldn't be surprised.  Sowing distrust between people suspected of being involved in drug trade is a standard tactic.  They could have been telling the truth -- someone you know could have fingered you as the local "go-to-guy" to try to buy their way out of serious drug charges.  That's also a standard tactic: "Give us two names and we'll write this up as a misdemeanor instead of a felony".

But still, you must seriously consider the possibility that you have a higher profile than you thought you did.  In either of these two cases -- whether you *are* a bigshot or just been fingered as one -- continuing down your current path will put you at risk of life-altering criminal charges.Answer #2: > I'm just unsure as to how to approach these next few months.

STOP SELLING FUCKING ILLEGAL DRUGS.

What more of a hint do you need that you're *hot*. They have you pegged now. You'll be *hot* until they forget about you, which is a long time.


Title: [CA] I work in a shopping center, and the owner of the shopping center has threatened to disallow us (store employees) from parking in the parking lot.

Question:
What are the laws for employees of a business in a shopping center parking in that center's parking lot? The owner of the shopping center I work in has threatened to disallow us the use of the parking lot, because we park in front of other businesses. What legal backing does this threat have?

I don't know if it matters, but he is asking us to park in a different business's lot in a back alley (we are a coffee shop and get to work at 3:30-4am when no one is here). Is he allowed to do that?

Thanks in advance for any advice.
Topic:
Traffic and Parking

Answer: It is legal to prohibit employees from parking in the lot. There are no laws requiring employers to provide employee parking. The store you may work for almost certainly has a contract stating customers, but not employees, may use the center lot.


Title: [New York City] My father took a spill while taking out the garbage for work at Walgreens. After the injury never rally healed (needs a hip replacement) he went to go on disability (because he physically couldn't work), which was denied to him and then he was fired and also denied Unemployment.

Question:
The title kind of gets to the bottom of it, by some details:

My father (now about 70) had been working at Walgreens for about half a year (as a pretty stellar employee) when he one day took a fall while taking out the garbage one night for the store.

My father was able to keep continuing coming in to work (he lives ten blocks away) but the hip issue started to become more and more of a problem (stemming from the fall).  After weeks and weeks of coming into work with increasing pain, he filed for Disability with Walgreens and while he was waiting to find out about that while off from work (he had to stop working while waiting to hear back about Disability), he was denied disability and subsequently fired for having to take off and not being able to continue work (in his current injured state).

We're coming up to pretty dire times now (we're several months past that now) and any lawyer he has reached out to is telling him he doesn't have a case.  Do we have any kind of shot here?  We're at the point where he can't pay the bills anymore, and while his insurance would pretty much cover the surgery, he can't get it because he wouldn't be able to pay for living expenses.  He's maintaining himself and getting around as best as he can with a cane, but movement is limited for him, and the leg on his injured side is slowly losing muscle.

This all has progressed so quickly, trying desperately to help my father here in Queens.  Have to get a full on detailed description from my father, but this is pretty much a gist of the events.  Can anyone help?

Answer:
 I'm sorry for your situation.

He was denied disability because SSDI stops paying out when you reach full retirement age (66), and are converted into the standard SSI benefits.

Given length of time worked, he was not eligible for protection under the FMLA for time missed. Similarly, if he simply cannot work with any reasonable accommodation, there's nothing to be done.

Has he applied for Medicaid? Does he need skilled nursing care?Answer #2: Disability claims are routinely denied for injuries that are clearly covered under workers compensation. He needs to find a workers' compensation attorney ASAP.  The statute of limitations in New York is two years, but it's still going to be an uphill battle for him because he did not file sooner (from what it sounds like).Answer #3: Did he ever file for workers comp?


Title: Sublet is more than original rent

Question: I feel like I'm being duped here and I can't find any information on it for Massachusetts. For the past two months I've been paying the original tenant more money than what her agreed upon rent was. I didn't know this until my roommates mentioned how much they paid. She openly admitted to this but refuses to give me the extra money back. Is this legal in Mass?

Answer:
 > She openly admitted to this but refuses to give me the extra money back.

It's called profit margin. When you buy a $15 shirt do you think the store paid $15 for it?Answer #2: It's not illegal and it's a very common practice. You agreed to a price because you felt it was worth it. Is it any less valuable now?


Title: My wife's Samsung Note 7 caught on fire and ended up burning a small patch on our livingroom floor. I called samsung to alert them, they're sending some paperwork they've asked me to sign. Should I seek an attorney?

Question:
Topic:
Consumer Law

Answer: An attorney for...what?  Didn't they recall every device?  It's been known for some time these devices are faulty, so if they are offering to fix the damage and replace the device I would consider it a wash.  wait and see what the paperwork says.  Might need to go through your home owner's insurance and get reimbursed from there.


Title: Freelance dominatrix, NY

Question:
Well, hello there.

If I convert my spare bedroom into a BDSM dungeon, will I need some sort of a license (entertainers license, perhaps?)? Tax-wise, would it be better to have a company as opposed to filing as a freelancer?

Any and all input is very welcome.

Answer: Insurance would be important to look into. Most homeowner's insurance will exempt coverage of anything that happens on your covered property of anything that might come as a result of running a business out the home. And that's if they don't raise your rates for conducting business under a personal policy instead of commercial or if they cancel your policy flat out for the same reasons.


Title: My first speeding ticket. Does a judge have to honor what a cop says?

Question: (North Carolina) I was going 50 in a 35 and after giving me the ticket the cop said I could take the drivers school.  After calling a few places it sounds like it is possible that the drivers school is not an option.  Can I use what the cop said if they say I can't take the class? Also is it possible that they may allow me to take the class without having to go to court?

Answer: No a judge does not take orders from copsAnswer #2: Not that it matters, but if the cop said "you should be able to take drivers school" that's technically a true statement. Anybody can take drivers school. That doesn't mean it will resolve the ticket. He probably just said that to calm you down, like when they tell DUI suspects they passed the tests.


Title: Can police allow an unwelcome person on my private property

Question: If police are escorting an individual who I do not want on my property, can the officers overrule me and allow the person to stay on the grounds anyway?

Answer: What purpose are they is escorting her there for? Why is she on the property?Answer #2: It depends.


Title: (New York) Can my dog pee/poop on someone else's lawn?

Question:
Hi,

I walk my dog every day in a suburban area. Before we go on the walk, I let him pee on my lawn because I know it can kill lawns. We then begin our walk.

As we walk, I let him walk on the first foot or two of other people's lawn (as other dog walkers do). When it comes time to poop, I shove a newspaper under him and catch it and then put the newspaper and poop in a bag.  I do this so there is no residue on anyone's lawn. I really do my best to respect other's property. But since he is a dog, I can't completely control his bladder so there are occasions of peeing (usually just marking) and a second poop (I bring two bags with me).

This has gone on for years. This situation now is that a neighbor took a picture of us peeing on someone else's lawn and posted it on Facebook. My friend told me because I don't have Facebook. In the picture the dog wasn't even peeing and the lawn is another neighbor that we've discussed this and have permission to use their lawn.

I want to be as respectful of other people's property as I can and I don't want to start anything with this crazy neighbor. I just want to be sure that I have a legal standing in case there is a confrontation.

I also heard that the first few feet of everyone's property is actually town property. I don't know if that is by county, town, etc. or even if it's true. If it is true, I'm not even sure what difference it would make.

Thank you for the help.

Answer: Anytime your dog does their business in someone else's yard, you are at fault whether you pick it up or not.  Take him to a park or somewhere public because yeah you can't control your dog's bladder but you can still be liable for it.Answer #2: The replies you are getting so far seem pretty ridiculous to me. I have looked into this issue in the past. If there is an easement in your town for the land at the edge of the street through to width of the sidewalk, you are likely in the clear. Especially if there is an ordinance about picking up solid waste (which helps establish the rule that canine deification is expected to occur).  Don't allow your dog on the property on the other side of the sidewalk which will definitely not have an easement.


Title: Marijuana found in my car and I have court tomorrow

Question: Hey guys I'm 17 years old and I live in NYC, never been charged with anything before in my life. A couple months ago I was rolling a blunt in my car at a dead end street. As I was rolling a cop car pulled up and saw me (not rolling as I dropped the weed on the floor as soon as I saw them). The cop asked me to step out of my car and I did, I cooperated with them and the cop asked me if there was any weed in the car. I hesitated and then the cop continued saying he has the right to search my car because there was a dutch wrapper and a baggy next to my car. Then proceeded to tell me that if I give him whatever was in the car he would let me walk away with a ticket. I gave him whatever was on my floor (about .5 grams) and then he asked for my Identification. I realized that I left my wallet at home because I wanted to just go out for a quick smoke. The cop told me without any identification he would have to bring me to the precinct to get identification. The cops cuffed me and brought me to the precinct and did my fingerprints, gave me a summons, and then let me leave. The cop told me the charge wouldn't be more than an inexpensive fine. But on the summons it said it was a class B misdemeanor which is punishable up to 3 months in jail. The officer also told me that it says it is a misdemeanor because they had to bring me in for ID. I have court tomorrow can anyone tell me what is likely going to happen?

Answer: Tomorrow, you will go into court to be formally advised of the charges against you, your rights as a defendant, and the maximum penalties you can face.  They will likely inquire into your representation and whether you can afford an attorney.  If you can't, one may be appointed to represent you.  You may be asked to enter a plea at the hearing, or they may set a future date for you to enter a plea after you have consulted with your lawyer.  I don't know the specifics of how they do it in NYC, but those are the elements of a typical criminal first appearance.Answer #2: What county?


Title: [TX] ex girlfriend continues to make Facebook statuses ripping me apart and discussing my private life in her comments

Question:
Hello,
For the past 2 months my ex who is a severe alcoholic (wrecked 2 cars in the last year) has been calling me to try and ask for "help". I was notified by another person that she was making absurd posts on her account. I came to learn that she has been falsely calling me abusive and has even befriended another person who had sexually assaulted me in the past.
They are making jokes about it publicly as well and have encouraged local men in the community to have me attacked if I'm seen out in the nights. I'm terrified because I have a night job and my ex and her friends can find me.
 Is there any way i can make a report of slander against them?

Thank you in advance.

Answer:
 Have they made false factual statements?  If so you could file a lawsuit for defamation (if they accused you of a crime damages would likely be presumed).

But just talking about your personal life isn’t actionable.  Nor is opinion.  So, a statement that you raped your ex would be actionable, but a statement that your ex felt emotionally abused is probably protected opinion.Answer #2: There you go. Take that to a lawyer.Answer #3: That's fucked up. But calls for violence are illegal.  He wouldn't need to defend himself if he's bringing the charges. Also he's innocent until proven guilty, just like she is. She had no evidence to back up her claims, he had social media.

You can also teach out to the social media platforms and file a complaint about the call for violence. That should get them booted.Answer #4: What kind of help is she asking you for?  I'd probably get that recorded because it sounds like she's setting you up to be beaten up in public?  It also helps for personally evidencing that something is up, eg why would she ostensibly cut contact and make a (false)callout about you being abusive whilst trying to get into contact with you.


Title: (MO) Scammed employee demanding uber transportation reimbursement

Question: An employee of mine was scammed through a phone call claiming to be from corporate (we're a small family owned non franchise business) to do an emergency deposit using the petty cash to buy gift cards and email the codes to them. Already dealing with that with police. The employee used Uber while clocked in to go to the store and back to purchase the gift cards. They are now demanding reimbursement from my company for their Uber trip.  Do I legally have to reimburse? We are located in Missouri. It is not in their normal scope of employment to travel from the store.

Answer:
 Highly doubtful. You should retrain them too.Answer #2: Nope. They drove for something 100% unrelated to business despite what they thought. That’s on them.Answer #3: Their damages weren't caused by you but by the scammer. You have no obligation to them. They can try to find the scammer and sue them, but I *highly* doubt that's happening.

And, really, how much was this Uber anyway?Answer #4: Your employee just stole from you, and it seems they are trying to cover it up. That is how you should be seeing it, and that is how you should move forward with this.Answer #5: Ok so the way you have explained this leads me to ask:

1. Why didn't this employee know you are a 'small family owned non franchise business'?

2. Are they meant to have access to the petty cash?

3. Why didn't they check with anyone before doing what this person on the phone said?

4. You have referred it to the police but have you confirmed for yourself that this phone call ever happened?

&nbsp;

I don't want to make unfounded accusations but based on what you have said, this sounds like either they have stolen from you and this 'scam' is a cover or they were in on it. There are so many flags that they should have seen here.


Title: (MA, USA) I am going to my local court to apply for a change to my legal name and gender. What can get me declined?

Question:
I am transitioning (MtF) and I looked on ul the process. I need a court order to change my legal name and gender marker. The website of the MA judicial system says I can be declined for a name change if the judge suspects bad faith (i.e. trying to escape debts, stuff like that). However, it says nothing at all about reasons I can be denied a change to gender tag. I presume that there is a "bad faith" exemption for that, too, and I'm terrified that the judge might decline my request because I don't look like I'm trying hard enough to live as a woman.

I'm on extremely limited income (I'm disabled) and it took me all of 2019 to save up the money for the court fee, and if I get declined because the judge thinks I'm too masculine to really be trans then its probably going to be 2021 before I can afford to apply again.

I'm also afraid that if that happens, I'm going to get declined again because "if it was really that big an issue [I] wouldn't have waited an entire year to apply again and I'll be thoroughly boned.

If any of you have experience with the law as it pertains to transition in MA, any legal advice/assurance I'm just crazy will be appreciated.
Topic:
Other Civil Matters

Answer:
 "Bad faith" means you're using a name change to evade prior legal obligations (e.g. debt or judgements against you)

As a matter of transitioning, "inadequate" gender presentation isn't a legal reason to deny a name change. Unfortunately, some judges do use their bench as a pulpit and if they're not satisfied with your gender presentation (or even if they are) they make put you under additional scrutiny to see of any of those bad faith situations apply.  In a state like Massachusetts, it's less likely to have a judge like that, though.

Good luck, miss.


Title: [CO] Girlfriend's car is out of warranty soon, with a persistent issue

Question:
Hi /r/legaladvice! Not sure if this is the right spot for this, but here goes anyways.

My girlfriend's car warranty expires in December. Right now, it is in the dealership's shop to have the transmission replaced for the second time in two years. Both times, the car started jerking when braking or accelerating, so she took it into the shop and they told her the transmission needed to be replaced.

Obviously, this is not a normal wear-and-tear situation, so when she dropped it off she asked what could be causing it.

Apparently - and bear with me here, I am not much of a car guy - the particular year she purchased of this make and model, the car was built with an automatic transmission and a manual clutch, which is, in combination with her driving style, causing the problems.

Whether or not I am describing the actual issue correctly, the end result is that the guy at the dealership told her that she would need to start accelerating by *jamming* her foot down on the gas, which will somehow allow the transmission and clutch to work more easily in tandem. Currently, she accelerates slowly, which apparently confuses the system and grinds some wheels or gears, or whatever, together in a bad way. Again, apologies, not a car guy.

We live in Denver which, while not the biggest or most crowded city, has its share of start-and-stop traffic. The hard acceleration strategy recommended by the dealership tech seems wildly inconvenient at best, and dangerous at worst - I would much prefer that she did not risk plowing into the back of a truck to spare her transmission.

What are our options - do we have any legal recourse? To me, it seems like what they are asking her to do is not in line with normal driving styles, or what's taught in drivers ed. If what the dealership tech says is true, the car seems to have simply been built in a bad way which was bound to cause issues. Is there an exception to the warranty ending for something that would qualify as a persistent issue? Should we sell the car and get a new one without this issue? We certainly don't want to just eat expensive repair costs every year.

Thanks in advance for the advice!

Answer: It sounds a lot like you are describing a dual clutch transmission which are becoming more common. Things like creeping forward in traffic and slow initial acceleration cause greater wear on the system, you should treat it more like a manual at low speed and when you are initially getting going. EngineeringExplained on YouTube did a good job providing a brief overview of the system if you would like to educate yourself. As far as legal recourse I'm largely unable to advise on legal recourse, but this behavior is common on these types of transmissions and is related to driver behavior and not product design. Your owner's manual will likely provide some of this same information.


Title: (NY) Starting process for child custody after the father moved cross-country. What can I expect and what can I do?

Question:
Hi everyone,

I’m in NY and I have a 2 year old son. His father left NY and flew to Texas in July. I filed for custody and child support and I’m getting those papers served this week. Court date for custody was set for January 6.

I’m worrying myself crazy over what is going to happen. I’m not sure if he can even get to NY for the court date, what happens if he doesn’t show up? Can he attend court via computer or some other way?

In this situation, what’s the typical custody arrangement? NY is my son’s home state and I was a stay at home parent prior to my husband leaving for Texas. Since he left I have been the sole parent.

I’m worrying if he gets custody for any extended time, even just a week over a summer for example, I’m worried about sending my son off to Texas without me. Even before my husband left, he was barely involved, and my son won’t even talk to him on video chat. My son acts like he’s a stranger. I’d feel terrible sending him to Texas he’s only 2, he would be terrified the entire visitation. He’s never been away from me at all since he was born for over 24 hrs.

Obviously you all aren’t psychics, but what’s the typical outcome of similar situations? Any suggestions for me moving forward through court? Please any help or advice is valuable. Thank you
Topic:
Custody Divorce and Family

Answer: Sine your child is quite young, the court may order that visitation take place in NY, or that you bring the child to TX (with father helping to pay costs). Since he is the party who chose to move out of state, the onus is somewhat on him. At that age and given that you've been solo parenting for some time, the court is very unlikely to order your son to spend big chunks of time with dad. Dad may get a few hours with the child at a time, but probably not overnights right away.


Title: [VA] Reckless driving ticket.

Question: My buddy was clocked going 113 in a 75 in Virginia. He's freaking out that he'll have to go to jail. Does anyone here know the penalties he will face?

Answer:
 Your buddy picked the wrong state to test the limits of his speedometer.  He's being charged with a crime that includes the possibility of jail, not just a simple traffic ticket.

"It's criminal defense lawyer time" is the only answer.  He's looking at a potential up to 12 months in jail and/or up to $2,500 in fines, and 6 months license suspension plus 6 points on his license.

This is a class 1 misdemeanor, in the same, general categories as DUI and assault.Answer #2: There are no 75 mph roads in Virginia. [State law caps the speed limit at 70 here.](https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-870/) That said, he needs a lawyer and he needs one yesterday. They don't fuck around with reckless driving in Virginia.Answer #3: He needs a lawyer. He can get ahead of the game and go to driving school now.  Sometimes judges like that.  He really needs a traffic lawyer though. I think someone I know paid about $400-$500 for his...then all the penalties for reckless driving.


Title: HOAs are getting so bad they're even policing your video game real estate

Question:
It's [been](https://www.domain.com.au/news/how-a-video-game-proved-that-increasing-supply-wont-fix-the-housing-affordability-crisis-20180416-h0ymjz/) [covered](https://www.landc.co.uk/video-game-property/#eorzea-final-fantasy) [before](https://kotaku.com/two-final-fantasy-xiv-players-buy-dozens-of-homes-spar-1796692020) how Final Fantasy XIV has a housing crisis, but now we have even have virtual neighbors [telling us to stop doing things](https://www.reddit.com/r/ffxiv/comments/iutmqy/cant_tell_if_troll_or_serious/) in the comfort of our own virtual backyards. What do you mean I can't whack a wooden effigy with an oversized exploding-gun-sword I made in my bedroom? It's perfectly safe, you're being unreasonable.

Edit: For reference, here's [a followup](https://www.reddit.com/r/ffxiv/comments/iv2uan/i_did_a_little_investigation_into_why/) where someone investigated just exactly what the neighbors were complaining about.

Answer:
 youve now gotten me balls deep in articles about the housing crisis of a game ive never heard of and likely will never playAnswer #2: Man, I quit during Stormblood from hardcore raid burnout but that would drive me completely bonkers. Hope the devs fix that.Answer #3: Fun fact: FFXIV has an auto-demolition system in place. Due to limited plots for housing, if you do not step inside of your own house in 35 days, it will be torn down so someone else can take it. They have suspended this feature due to covid. Square Enix is literally a better landlord than actual land lords.Answer #4: The good news is, Astrologians don't draw any complaints.

The bad news is, it's because they all switched to WHM/SMN.


Title: $1300+ in "surcharges" preventing driver's license renewal. Was overseas in military when supposed offenses occurred [TX]

Question:
I found a couple of posts in this subreddit from 2-6 months ago regarding this Municipal Services Bureau, but nothing conclusive. They're a private company that somehow has the power to levy fines against people, which prevent the renewal of a driver's license until paid.

I went to renew my license, and was told that I couldn't because there were "surcharges on my account." I eventually come to discover that this MSB company has five separate instances of a driving without insurance fine, each costing $260. The offenses are dated between 2010 and 2012. I was serving overseas in the military from 2009-2013, and I luckily have the documents to prove that I was absolutely not in the United States during those times.

MSB's customer service phone number is 100% automated. TX DPS refers me to MSB. I've filed a complaint with the BBB. How is it that a private company can just make shit up, and their bullshit can be given legal authority to stop a license renewal? This is unbelievable.

Anyway - is it likely that someone was using my info on a fake ID for a couple years? I have an excellent credit score; should I be concerned that someone could be using the same information to open accounts, etc? What do I do if both MSB and TxDPS point the finger at each other and say I have to take it up with the other?

Answer:
 > I've filed a complaint with the BBB.

The BBB does nothing.

> How is it that a private company can just make shit up, and their bullshit can be given legal authority to stop a license renewal?

They likely didn't make it up.  It's either an error, or someone was using your identity.  And the reason they have legal authority is because DPS delegated it to them.  There'd be no difference than if DPS did it themselves.

Your recourse is to continue working with MSB, or to file a lawsuit.  Answer #2: Did you have a car registered to you in the state during that time?  Someone could have easily gotten a lot of tickets or toll violations in your name


Title: No money, behind on car payments. Bank threatened repo today. What to do?

Question:
Like the title reads.  I'm one month behind on my car payment because I'm not working. My husband is working,  but his income is fairly minimal. We have enough for rent, barely.  Then food and other bills,  we are so behind right now. The last payment we made was the end of January,  and the date of our late payment was February 25th. I called the bank to let them know that I will pay them once we get our tax return (hopefully next week)  but apparently that isn't good enough for them. I explained where we are financially, that this car is our family car and is the only one we have that fits us all. Still doesn't matter. They told me it's already in collections, and that it can be repossessed if payment isn't made by the 31st of this month. The call taker acted very nonchalant,  saying that if I lost this car it "wouldn't be a big deal." And,  the banks advice to me was "borrow money."  Really now?

Edit: Sorry about that, forgot location.  I'm in the US, Washington state.
Topic:
Other Civil Matters

Answer:
 Unlike the other posts, I urge you *not* to incur more costs and fees by hiding the vehicle. (You more than likely agreed to pay for their collection costs.) Hiding the car does nothing but increase your debt .

If you can't make the payments, your best bet is to sell the car on your own, where you can get a higher price than they'll get at auction.

I know you're worried that this is your "family car." Guess what? You can't afford it. Suck it up and get rid of it.


Title: Seeking damage compensation after participating in a clinical research study

Question:
After posting an [IAmA](http://www.reddit.com/r/IAmA/comments/2449mn/iama_23yearold_male_who_put_himself_in_the/) about my current situation from my hospital bed, another redditor suggested that I come here and seek advice about possibly seeking damages.

Here's a quick rundown of the situation:
As a 23-year-old college student, I'm always looking for ways to make a bit of extra cash. I have several friends who had made some easy money by volunteering for participation in clinical research studies. So I did a bit of searching and found what seemed, at the time, to be an easy study to participate in.

This is what the study entailed and when I completed each step:

* A pre-screening to make sure I was able to participate (Monday April 21)

* An hour of exercise to induce delayed onset muscle soreness (DOMS) (Monday April 21)

* A follow-up observation period of 6 hours in which I would be given 400 mg of ibuprofen or a placebo and then describe my muscle pain/soreness on a scale of 1-10 (Wednesday April 23)

Pretty easy right? Well on Monday the research team had me do 150 bicep curls with my non-dominant (left) arm. While I do go to the gym regularly, I never exert myself to that extent. My arm was dead afterwards and felt like jelly. I knew I'd be sore, but I didn't expect what happened.

On Wednesday morning, I woke up and [my arms looked like this](http://imgur.com/9D77CU5). My left arm was about twice the size of my right arm and my range of motion was almost zero. I expressed concern to the nurses at the research clinic throughout the next couple days and they told it was nothing to worry about. They suggested drinking lots of water and rest and that they would have their doctor take a look at me on Friday.

Friday morning came and if anything, my arm looked and felt worse than before. I met with their doctor who again said it was nothing to worry about. I had heard of rhabdomyolysis in school (exercise science major) and I suggested this to him. He said that it could possibly be a very mild case, but that I shouldn't worry. He sent me to the hospital anyways to get an ultrasound done to make sure there were no blood clots in my arm, but that's it.

I got to the hospital and they did the standard procedures and tests while I was waiting for the ultrasound equipment to be ready. My blood tests came back and my creatine kinase levels and liver enzymes were off the charts. The immediately pumped me with 2 L of IVs and admitted me to the hospital. They said I was lucky I came when I did otherwise I could have had liver or kidney failure within a couple of days.

So anyways, here I am in the hospital still with Monday being my earliest possible discharge date. My arm is still swollen and they are considering surgery with the orthopedic surgeon to cut open the fascia and reduce the swelling.

**So my question is, apart from the research company paying medical bills, should I be able to seek other damage compensation?**

Any advice is greatly appreciated.

EDIT: This all took place in Utah.
Topic:
Medicine and Malpractice

Answer: What kind of paperwork did you sign before participating in the study?  Given the experimental nature of clinical studies, I'd be surprised if they didn't have you sign a substantial waiver before proceeding with the tests.


Title: Travel stipulations child visitation

Question:
Right now I could put my ex through a wall.

He lives with our son in Richmond, VA. I pay all costs to fly my son to my home in Houston, TX twice a year.

He has made the demand that I fly boychild from the Richmond airport, and for a while I did this. My financial situation has changed dramatically in the past year, and I began looking for cheaper alternatives.
Baltimore is way cheaper. For example

Flight from Richmond to Houston, nonstop, plus Unaccompanied minor fees, one way, sat. June 10: $810.

Same setup from Baltimore: $187.

I had a flight booked for later today that I cancelled last night, after the ex spent 10 days cussing me and telling me he wasn't doing it...Than he texts me this morning saying he's on his way to the airport.
Theread is no stipulation in the decree or parenting plan regarding which airport I fly him from, and I feel the difference in cost is such that expecting him to make the drive is reasonable.

 I correct in this thinking, or does he get to pick?

Answer:
 What's the difference in time/distance between his house and the respective airports?

If the order is silent and y'all can't agree, you'll have to take him back to court to ask the judge to put a provision in your order about the airport selection.  Answer #2: What does your court order say?  If it says you are responsible for all transportation, then I'd argue it's not reasonable to expect him to drive an additional 2.5 hours to save you money.Answer #3: I've been to RVA only once, but even still I could tell you that NOT wanting to make a trip to BWI is the most reasonable thing I have ever heard. It's terrible. And to do so just to save my ex some money? No way.

You're both being out of line here. Your need to save money does not entitle you to pass some of the cost off onto your ex via gas OR to force him to be majorly inconvenienced for your bottom line.  Springing something like this on your co-parent is selfish and inconsiderate, and he had every right to be angry with you for it. You should have checked with him first. There are other airports that are more reasonable for him to get to.

I think you both need to sit down and come up with an approved airport list. But ESPECIALLY if the jurisdiction is VA (which it sounds like), I can't imagine a judge finding BWI reasonable unless you are willing to compensate for gas and inconvenience.


Title: [California] Lawyer refuses to give final bill, it's been 5 years

Question:
Two lawyers are refusing to give us the final bill, and it has been 5 years since case has closed.

Please bear with me with this complex situation.

Family member died, with a trust that was to be disbursed. For various reasons, we had to go to court about the money.

We hired two lawyers, one in Los Angeles and one in San Diego to work on the issue. They did their thing, with regular bills along the way as expected. When the case ended in 2013, the two lawyers never provided us a final bill to close out the case.

NOTE: the final lawyer fees are to be paid out of the trust, so we have been unable to disburse the trust as we are waiting to pay the lawyers first.

Some people have said that maybe the lawyers are going to "forgive" the final bill because it's not worth their time.

However, neither of the two lawyers have ever verbally or textually mentioned any sort of forgiveness. They still want their money.

Problem is, they are simply \*refusing\* to provide us a final bill. We have emailed over two dozen times with no reply. We have called on the phone over 4 dozen times. Most of the times there was no answer. One three occasions now, the "main" lawyer of the two has \*promised\* to provide us a bill "within the week." Bill never comes.

We wait a few months and try again. Same "wait a week." We wait a week again. Bill never comes. Repeat this three times.

Here is where a family member is getting worried: the lawyer would often call one of us and "chat off the clock." However, we have no evidence or recordings of this, so could it be that the lawyer is planning to clean us out and charge all these "chats" as fees?

Or, are they keeping us on the clock these past five years, and are planning to straight up destroy us? We have a variety of hypotheses. I figured that lawyers would abide by a code, but after being \*lied to\* at least three times, we are very wary.

The main question here is why the lawyers have refused to provide us a bill.  They have never verbally refused, but have lied to us on at least three separate occasions about a bill coming "within the week."

What can we do? We do not want to disburse the trust because if we get slapped with a bill \*after\* we disburse, then my family will likely have to pony up the bill (the other two beneficiaries are POS and likely won't agree to pay any amount)

Is there a way to get to the bottom of this? We need a final bill, and simply cannot wait any more years to finish it up.

Answer: Contact the California State Bar and file a complaintAnswer #2: I am not a lawyer, but the 1st step would be a certified letter asking me for a final itemized bill within 10 business days. The next step is a fine toothed comb and a written dispute of any fraudulent charges. Finally, a complaint to the CA bar  if you are not happy with the outcome. If the bill is over $5k, I would hire another atty to dispute it.


Title: Post-Ferguson, now "requiring" ID from anyone entering DC police stations?

Question: I live in Washington DC. The water main on my street broke and so at 3am the only place open with a bathroom was my local Third District police station (DC has 7 district police stations). I didn't bring my ID and they refused to let me enter. After inquiring, they said that ever since Ferguson all of the District stations have a unit outside and they require ID in order to enter into the stations. Is this legal? Am I really required by law to present my ID in order to enter the police station? This didn't use to be the case before Ferguson. You could walk in, go to the front desk to make a complaint or whatever business you have, walk in to use one of their designated-for-the-public computers used for printing parking permits, or walk in even just to buy something from their vending machine; each instance without needing to provide ID. This was months ago. I went back last night to buy a soda on my way home from the bars and they are STILL requiring ID. To my knowledge, after researching, no new laws were passed or any new General Orders issued from the Metropolitan Police Department stating this as policy.

Answer:
 >  Is this legal?

Quite probably, yes.  Whether this is "post-Ferguson" or not, I can't answer, but in general you have no particular right to enter a police station.  Requiring identification to enter government buildings is often expressly authorized by law.  [Here](http://papersplease.org/_dl/Foti/foti_er_35opt.pdf), for instance, is a ruling advising of the constitutionality of such identification in federal buildings.

In short, there's likely no issue here.


Title: Friends car illegally searched!

Question: My friend was pulled over for going 43 in a 25. He had gotten his license reinstated a few weeks prior however the DMV messed up and hadn't processed his reinstatement fee. Therefore the cops said he was driving with a suspended license and he was cuffed and arrested. They then proceeded to search the car and find his fake ID. Can this search and his case be dropped since it was the DMV's fault and the search wasn't warranted? Or was the search warranted at the time and still valid although it wasn't his fault? Thank you. I live in Ohio.

Answer: Based on the information the police had at the time the search was warranted. This means the search was legal. Your friend should get a lawyer to try to fight these charges.


Title: [Ohio] Friend was involved in hit and run ATV accident where another person was killed.

Question:
Made this a throwaway but sadly I'm not sure if it really matters at this point. To give a little background information my hometown was completely blanketed in around 7 inches of snow from Winter Storm Jonas this weekend. Friend (18) was driving an ATV with another kid on the back while pulling a 3rd person behind them on a sled with a rope attached to the ATV. With so much snow on the roads the entire town was pretty deserted late at night (around midnight I believe), and even though it's illegal I can't say that what my friends were doing isn't common in my hometown when a big snow storm hits.

My friends were driving through an intersection in town when a truck ran the red light, swerved to avoid hitting the ATV, and then hit the boy being pulled on the sled. The driver of the truck did not stop. The boy hit was in critical condition and died before they could get a chance to life light him. Nobody else witnessed the incident but the driver was located shortly after and was questioned and submitted to a drug test, but was not taken into custody. The driver of the truck (23) already has a DUI on his record from last year but it isn't known at this point whether or not alcohol was involved. The driver is now claiming that he did not know he hit the boy on the sled and thought that he hit a patch of snow when he swerved.

I guess I don't really need advice, but what will happen to my friend and the driver? Can they charge my friend with anything serious? I'm already really concerned for his mental state from this whole ordeal and I'm sure the trial will be a nightmare for him and everyone involved. Our entire community is grieving right now and there's just a lot of confusion on what's going to happen. All answers are appreciated.

Answer:
 > what will happen to my friend . . . ? Can they charge my friend with anything serious?

In theory, yes, he could be charged with recklessly endangering another person (or the equivalent in Ohio).  In practice, it seems unlikely.  Still, this is going to depend heavily on the specific facts of the situation.  And your friend may also have to contend with the possibility of being sued for any possible negligence that may have led to the other kid's death.

> what will happen to . . . the driver

That also depends heavily on specific facts.  Was he under the influence of anything?  Do the police believe that he really didn't know he'd hit the sled - is it reasonable under the circumstances?  When someone dies, though, there is a strong livelihood that, if anyone can be charged, they will be.  He may be facing serious charges.   And if he doesn't, he still will likely face a civil lawsuit.

The bottom line, though, is that this _just_ happened, and it's really impossible to say yet what will happen in the days and weeks to come.  Yeah, it's a nightmare, and it's going to be whether anyone is charged or sued.


Title: How long does it actually take to get a public defender?

Question:
There is another current post on r/legaladviceofftopic/  titled: [**Is there ANY benefit waiving your right to an attorney when arrested?**](https://www.reddit.com/r/legaladviceofftopic/comments/9tyjm5/is_there_any_benefit_waiving_your_right_to_an/?ref=share&ref_source=link)

Several posts discuss getting a public defender.

But how long is the actual process of getting a public defender?  Let's say a poor person gets arrested for a serious crime.  Let's say they're either innocent, or partially innocent, or otherwise have information to give the police that will seriously help themselves but don't think they should talk to the police without a lawyer.   Also, the bond is high enough that they can't come up with it.   **How long will it take to get a public defender who can take the time to work with them to represent them during a police interview?**

I'm sure the answer varies a lot across the country depending on location, size of the city, etc.   But will it take days while the person sits in jail?  If the police are anxious to talk to the person will they expedite a public defender?  What really happens?

Answer: You will almost never be appointed a public defender until you are formally charged with a crime and arraigned in court. As a practical matter, telling the police during an interview that you want to talk to your lawyer means that the interview is over.


Title: Should I be worried? Cybersex

Question:
Here goes,

30 year old male here, I hang out on a lot of the adult 18+ subreddits on here and talk to many men.

I was talking to a user from one of these subreddits who identified himself as being of legal age 18. However during a conversation he says he is “much younger” and is 14.

Now, I have no idea if this is true or not but we didn’t share personal pics of each other and as soon as he typed that I immediately blocked and reported both his chat client account and his Reddit account.

Should I be concerned that I am in legal trouble?

Answer: No.


Title: [CA] Suicidal, no insurance, need help

Question: I live in California, im 18, have no job, no health insurance, both of my parents live out of state and are of no help to me. I have Major Depressive Order, and Generalized Anxiety Disorder. Yesterday I had a panic attack and scratched the hell out of my arm and tore off my skin with my fingernails. I seriously want to commit suicide right now, but am still sane enough to know I need to go receive help. I want to go to the hospital, and am even willing to be out on suicide watch but am worried about the bill due to lack of insurance. I am wondering if I have my boyfriend call the cops on me, I "involuntarily" go and fill out a 51/50 and "involuntarily" am put on suicide watch, will the state pay? Will I have a small bill? I have no source of income whatsoever right now, and am not trying to be a fincial burden to my bf/family that I currently am living with. Quick responses are appreciated. Thank you in advance

Answer:
 1-800-273-8255 Suicide prevention hotline

As for medical costs, you can always negotiate costs following an event, but remember, suicide is a permanent solution to a temporary issue, money problems come and go.  Call the hotline, talk to people, that you reached out to anyone is big, you clearly have things to live for, give them a call and stay strong.


Title: Subpoena from Homeland Security to Google about my account, how do I fight it?

Question:
I am in Arizona if it matters. I received a notification from google that they have received a subpoena from the Department of Homeland security requesting information about my account. I am not sure what information has been requested since Google didn't provide me a copy of the subpoena.

A few weeks ago I received a similar notification from LinkedIn that homeland security had requested information from them as well. LinkedIn *did* send me a copy of the subpoena and I won't go into the details but all over the subpoena it says they (LinkedIn) are not supposed to notify me of the fact they have received a subpoena for my information.

Both LinkedIn and Google (in their notifications to me) offer the option to attempt to file a motion to quash. However, I have no idea who I even file this motion with. What court even has jurisdiction over homeland security?

Looking at the subpoenas, they are not signed by a judge, but rather a "Special Agent in Charge" and it lists their contact info for both the investigating agent as well as this special agent in charge on the subpoena.

What are my options? I only have a few days to file this motion to quash before Google just gives them whatever information they asked for.

Answer:
 The subpoena should identify the United States District Court in which it was filed.

You are, apparently, the subject of a criminal investigation from the Department of Homeland Security. This is absolutely not DIY territory. In fact I'm not even sure how you would anonymously file court papers without an attorney.

Call a criminal defense attorney yesterday.


Title: 30(F) and 26(F). Partner's father is attempting to bring my girlfriend to court.(AZ)

Question:
Hello all!

This is one of the few times I have posted to reddit, so my apologies for any formatting or etiquette issues I may unknowingly cause.

I am going to keep the story SLIGHTLY vague just in case anyone knows me or my partner.

My partner (26 F) began paying off a car that her parents had lent her in 2014. The car still owed money on it, and had been purchased a few years before. To be clear, my partner (let's call her Sam) did not have her name on any of the documents involving the purchase of the car. She was not on the loan AT ALL and instead allowed her father to pull a payment of $400 a month out of her back account each month in addition to $165 a month for insurance. There was no written agreement drafted, but I am unsure as to whether or not there was any verbal agreement.

Conflict arose when Sam started asking about the car and how much was left to be paid off. Her father refused to show her any of the original loan documents and claimed that there was no record of each monthly payment. He added that the only way he could know the balance of the car loan was by calling the bank. Additionally, Sam's father accused her of damaging the car. This was not the case, as he had provided the car to her with what I assessed to be about a thousand dollars in body damage.(I have a lot of unfortunate experience with this)

Sam said that she would not continue payments on the car and stated that she would return the car to them unless she was provided with documentation about where her money was going. Father refused. Sam closed her joint bank account with her father to prevent him from taking more money.

Yesterday Sam was served for small claims court over the balance left on the car.

Here are my questions.

1. Does her father have ANY legal standing here? No written contract, but there is a trail of money being taken out of Sam's account regularly.

2. If there is legal ground for her father to sue, what is our best course of action?

3. Is there anything else we should think about?

4. Does anyone have any other advice?

I realize that this discussion will trigger a few trolls and disagreements as they often do, but I want to thank the people who are commenting to help in advance. Sam has had a really hard life with her father, and it hasn't been until recently that she's been able to break free from the negativity. I really want to help her land on her feet, and any help will mean the world to me and her.

Thank you!

Answer:
 Well, the thing about her taking him to court is that he has to show how much is left on the car. And with her banking records, she can show how much she paid him. So this *might* solve everyone's problem. But she can talk to dad first and say "everything I want to find out you'll have to tell the judge anyway, so let's settle it before it comes to court."

And is she *sure* she's insured?Answer #2: Father’s claim about not knowing the balance on the loan is weak.

If one has an auto loan, one gets statements monthly in the mail or online. If there is a loan, daddy must somehow be paying it monthly.

If daddy wanted to, he could just “call the bank” to get that information.

I’m curious to know what the insurance is on the new car. $2K is expensive for a 26F unless she has some dings against her record.


Title: Roommate wants me to leave? [CA]

Question:
Sorry if this comes out as a repost. I accidentally deleted my first post by accident.

Anyways, I rent a room inside of a 4 bedroom house in San Francisco, CA. Been living here for about a month and a half but recently my landlord (also lives with me) told me one of her family members is having issues at his current house and they would like him to move in here at the end of May. The problem is every room is taken.

That means they want me out since I'm the newest. They offered to give me this month half off + next months half off + my deposit + they'll even help me move out (told me I don't need to carry anything). They even found a couple of spots for me through their friends. The places they found for me we're fairly similar to how this house is.

I like this house. I like the people here. I don't want to move! There's no lease or contract and I pay month to month. Are they allowed to give me an eviction notice (written) if I don't want to move? They have no reason to kick me out, only the fact about the family member. We're all on good terms, but I feel betrayed they want me out on such short notice. Am I allowed to take them to court if I want to stay? I told them I'd be here till October and they said ok. Isnt that a verbal agreement?

Answer:
 The end of May isn't short notice. They're giving you a good deal. Any semblance of a good relationship you have with these people will be shot if you refuse to move out.Answer #2: >Are they allowed to give me an eviction notice (written) if I don't want to move?

Yes.

>Am I allowed to take them to court if I want to stay?

You won't win.

>I told them I'd be here till October and they said ok. Isnt that a verbal agreement?

That is about to get weird.

They are helping you in every possible way and they're giving you half off 2 months rent AND found you comparable places to go AND are willing to help you move.

This isn't a "blood oath" - it's a month to month lease.

>Sorry to be a snit but I like the fact they let me grow marijuana and smoke inside the house. I cant do that in the new places.

Wait - so you want to say no because the new place won't break federal law?

>they also told me verbally, which they can't do right? it has to be written in order for me to HAVE to move out?

You're just getting whiny and demanding. Demand they give you notice and then you can pay full rent and still be out of a place to live (and will probably lose the other opportunities they set up for you)


Title: Dealership wants me to come back in to re-sign contract and pay higher lease payment.

Question: [deleted]

Answer:
 Unless it was fees identified everywhere in the paperwork that the summary didn't include, tell'm to gargle saltwater.

That's why they hire people who specifically put together financing packages.Answer #2: IANAL, but just it case it isn't clear yet, a singed contract is a legal agreement by those involved. If they didn't check the numbers, that is their problem, the same way that if you didn't check the numbers and ended up paying more than you were supposed to, that would be your problem. Just because they didn't make it out on top means nothing to you. Enjoy the discount.

If you continue to be harassed by the dealership, after politely telling them to shove off, then you may consider taking legal action to get them to back off. I would try to be as polite as possible and take the high road though.


Title: [Lynnwood, WA] HoA Towing without warning

Question:
This morning I walked out to find my car had been towed by the HoA at the condo I am leasing from a property management company.  The person that authorized the towing was a board member of the HoA for the community.

The violation that was stated on the tow slip was expired tags and lack of permit. The car did have expired tags but also had a registered permit hanging and registered with the HoA.

The bylaws state that prior to towing a resident's vehicle the HoA will attempt to contact the resident however I was not contacted by any means of communication despite them having my address, phone number, and email on file.

As I never received a warning prior to this I thought that I would be fine until I got one and then just store it in the garage after I got one until I was able to sell it (tags were expired because I had gotten a new car.)  The car was also freshly washed and in good working condition so it wasn't causing any problems besides the expired tag thing.

My question is if I have any chance for recourse here.  I would like to get back at least some of the 500 dollars it cost to have it towed and stored for less than 12 hours if I can.

Answer: You can argue it with the HOA. If the rules say they cannot tow without giving you a warning (which I doubt) then they were in the wrong unless they can show they gave a warning.


Title: Pulled over and towed for lack of insurance twice ~ Car towed both times. I am not a rich man, but I do have car insurance.

Question:
Hi friends and smart people!

From Newark, Delaware in USA.

My info is on Progressive.com correctly. That is, the VIN #, car, model, my name, etc....

Here is the thing, the cops did not put the reason for pulling me over on my tickets. They simply put lack of insurance on my ticket and towed my car (TWICE!).

I would just like a refund for the tows and maybe missed work. I dont know what to do or prepare for court in two weeks. Maybe do research for past, similar cases. I would really like some justice.

Somebody is screwing up but I am the one that lost two days of work ($400) and $200 in tow + court fees.

I know its dumb to bring up but I live in a college town (I'm the poor townie) where cops pull over these rich kids all the time for nothing. And maybe $600 ain't a lot to some but to me its crippling....

Edit: Spelling... Location... Also hello!

Answer:
 Did you show the officer proof of insurance, either on paper or on your phone?Answer #2: The charge is usually not "no insurance."

The charge is generally "no *proof* of insurance."

Were you able to show the officer valid proof of insurance during the stop?Answer #3: So you got tickets. Did you fight the tickets and win?


Title: Friend with crazy girlfriend using son as leverage, help please?

Question:
Disclaimer, with memes aside: I'm asking for a friend

Also, my apologies if I used the incorrect flair.

My friend (19) has a child with a girl he doesn't want to be with. She's emotionally manipulative, controlling, and downright crazy. She verbally attacks him and us (his friends) daily. I've seen it firsthand and through screenshots so it's not just me siding with my friend. However, he can't do anything to distance from her without her threatening to never see his son (less than a year old). In fact, crazy girlfriend won't even let friend take the child to his house with his mother unless she's there, saying she doesn't trust him.

It's been going on for a while, and he wants to be able to take care of and see his son without her being terrible and using the son as leverage for him to stay with her.
He's tried to talk to her and work things out, but she's too immature and angry for anything positive to go on for longer than a day.

It's definitely bringing a negative impact to my friend, and it only seems to be getting worse. I really want to help him.  None of us are really too sure who to talk to or what to do, so Reddit please tell me; what should he do?

EDIT: Location: Dallas, Texas
Topic:
Custody Divorce and Family

Answer: Your friend needs to go to court to get a custody agreement in place. If you are dealing with crazy, you need the legal system on your side.


Title: Moving again, do I need to notify the bio-father? (AZ to CO to another state).

Question:
Hi! I moved from Arizona to Colorado and notified (90 days prior to the move) the bio-father of my kids (more like sperm donor.. custody agreement is 2 hours a week supervised visits. He's never had a supervised visit and hasn't had any contact with the kids since December 2012 when a molestation case started. He skipped town.. no signs of forced entry.. the forensic detectives said that it was most likely play and just to keep him away-police stopped looking for him and called off any warrants in place as there was no physical proof, just a 2-almost 3-year old's words). Basically, it sucks we couldn't catch him but according to the detective, I no longer need to have any contact with him because of the accusations. If he wants to see his kids, he can go the legal route and go to a supervision parenting center (like CPS or another vendor) and have his visits. He's never initiated and has emailed at one point that he would rather never see them again than do supervised visits. But I digress, I'm only sharing because I'm not sure if this would play a part in finding the answer to my real questions below.

I notified him 90 days prior to moving from AZ to CO via the newspaper. I didn't have his address or any contact info as he was still on the run and couch surfing (from what I had heard via the grapevine). I didn't hear from him and he didn't protest my move so I was in the clear to move to Colorado.

Now I am in Colorado and have been for a year and a half. I'm going to be moving again because of my husband's work and wondering if I have to notify the bio-dad of my kids. I would likely just do it via the paper again but since there hasn't been any contact in almost three years... is it necessary? Is there a point when you no longer need to notify the other parent (saying that there has been no contact the entire time)?

My bio-dad had visitation and my mom has never once notified him of our whereabouts. I realize the system has changed in 20-something years but I'm hoping there is a cut-off amount of time of no more contact where you no longer need to notify the other parent.

Answer:
 What does your custody agreement and/or parenting plan say regarding our-of-state moves? If it says you need to notify him, you need to notify him, no matter how much time has passed since his last visitation.

You can go back to court and request amendments to the parenting plan, or petition to terminate his legal custody. But until that happens, continue to notify him when you plan to move.


Title: Wages being garnished (federal employee) but ex-spouse still wants out of pocket support.

Question:
Greetings all,

My wages are currently being garnished but as a federal employee, dfas cannot garnish more than 50% of my disposable income. According to the court order I am required to pay $4,263/month, which covers child support & alimony. With dfas only deducting $1400/month, there’s still $2,863 remaining. I take home $2,903 bi-weekly, so I obviously cannot afford to pay for the remainder, as a result of all my bills that I still have to pay for.

Any advice on how I can move forward with this conundrum would be great!

Thank you for your time.

Answer:
 > According to the court order I am required to pay $4,263/month

A court ordered that **75%** of your income went to your ex and children?


Title: Every day I am forced into a life threatening situation that I can do nothing about

Question: I am 17 years old, and because of my medication I can not be 100% diagnosed but I have narcolepsy. I have been told not to drive, when we got out of the office my grandpa (grandparents raised me) told me he wouldn’t be driving me around. I have already gotten in one accident due to my condition and almost got in another one yesterday. The condition worsens with age, soon I will be unable to cook, iron clothes, and will have to give up part of my hobby as an artist. I am nearly unable to work as I cannot wake myself up. All of this would be resolved by having a service animal who would be able to alert me up to 5 minutes before an attack. What can I do?

Answer:
 Stop driving. You are going to be criminally liable when you kill someone. When you got your license you surely signed something saying you didn't have any health conditions that would prevent you from driving. If you had answered honestly you likely wouldn't even qualify for a licence.

Having a service dog likely won't allow you to drive either.Answer #2: The life threatening situation here is everyone else’s life because you selfishly continue to drive. You have no legal right to driving privileges if it puts your safety and the safety of others at risk.

Maybe if you stop doing drugs you’ll be eligible to be prescribed the appropriate medications for narcolepsy. If your parents/guardians are refusing to get you to the medical appointments that you need in order for that to happen, contact your local DCF (or equivalent office).Answer #3: Well you must stop driving if your doctor is telling you to so that's a start. If you have concerns about your guardian's handling of your narcolepsy, you could certainly alert your doctor, who is required to contact CPS if you are being neglected. You can also call CPS yourself if that's something you feel up to. As far as the service dog does, I really think that's one you're going to have to wait on. It's a loooong process getting matched with the right pupper and then getting them trained and getting *you* trained to handle the dog as well. If all people in the house are not on board or would do things against trainer recommendation, the dog will not be able to perform it's job and will become and untrained pet, which suck for you and for the dogs self esteem.


Title: [CA] my dog was attacked yesterday and I beat the other dog till it let mine go. Now I'm being threatened by the owners of the other dog

Question:
Took my dog too the vet yesterday for a weekly cleaning and rebandaging of his injured leg. He had been really well behaved all day, and I was starving. So I decided to go to In-N-Out and bought us both food. Giving him a plain hamburger.

We were eating outside and when we finished we were walking to the car when out of nowhere this much bigger dog came out and grabbed him. It grabbed him behind the cone he was wearing and just started shaking him between my car and the one next to it, my dog screaming bloody murder.
I dropped everything and was on the dog in maybe a second. Grabbing him by the collar and just slamming my fists into its ribs. I hit this dog hard a good 5-8 times before he let go. Once he let go I stopped. I held him down with one hand on his collar, and my knee on his back. My dog bolted whining to the other side of my car as some guy and his gf came over yelling at me. The guy threatening to "kick my ass for beating a dog".

Finally seconds later the dogs owners came by screaming at me to get off their dog. Calling me every name in the book for "assaulting their dog"  I went and checked on my dog, as the older guy yelled at me while his wife coddled their dog. Demanding my info and all that threatening to take me to court for animal abuse. I saw 2 puncture holes on my dog and pointed them out. He refused to admit that was from his dog and kept demanding my info or he would call the cops. I relented and gave him everything after demanding his in return. At the time I just wanted to get my dog to the vet.
I didn't even think of calling the police or anything.

But my dog needed 3 stitches and has 2 holes in his shoulder right behind the cone he was wearing. The vet gave me photos of the wound. And paperwork claiming my dog was treated for a wound inflicted by another.
I considered calling the dude and demanding they pay it, but it was 45 dollars and I just didn't care.  My dog Is better, I just wanted to go home.

My concern is them coming after me. They have two witnesses who never saw my dog because he ran around the hood of my car while they were near the trunk, so they state they saw me beating a dog for no reason.
And because the attack occurred between my car and another I don't think any cameras saw it.
I've called in-N-Out asking if they had cameras in that section and they state they don't.
Is there anything else I can do to protect myself or my dog?

Answer:
 In order for them to have a successful civil case, they would need to have damages.  I.E., vet bills.  From your description that sounds unlikely.  If they file a civil case, you need to answer it in court.  You have an excellent defense.

If they contact law enforcement, and you are approached by the police, you should decline to answer their questions, and speak to an attorney.  This is a very good case where this is especially important.  You will be tempted to explain the situation.  And, you explaining the situation will most likely just provide them with evidence to convict you of a crime.  You have an excellent defense for a criminal case, but it's a defense that should be asserted by an attorney at the appropriate time.

Until either of these happen (and I will predict that they won't), I think you should relax, in regards to them using the legal system to address the matter.


Title: Resolution to the situation with the cameras, the police and the deputy sheriff; we now have a lawyer

Question:
We have an attorney, thanks to the people who suggested calling for a referral, we not only found one, he handled the meeting. We will have to pay for anything else, but he knows his shit, he seems passionate, and he was really generous to take us on last-minute.

We're not allowed talk about the ongoing investigation with anyone but the attorney. I can say: the "sheriff" is actually a senior deputy sergeant. The actual sheriff seems like a really nice guy. Deputy sergeant and one other person are currently suspended. The internal division is involved.

We rescinded the offer to install their own cameras on our property in writing. We agreed not to publish or share the footage we have with anyone. They wanted us to delete everything, but the lawyer said no. Deputy sergeant has seen it.

We didn't see or speak to him at all. Wife was asked if she wanted to speak with him, she declined. She's afraid of him. I don't blame her.

Sorry if that was choppy, I had to delete and re-word some things. That's pretty much it. We are very happy with the resolution, looks like they're doing everything right, multiple departments are involved now. Just hope we won't face retaliation for coming forward. Police are still stopping by regularly. They seem sympathetic to our situation.

Thanks for all of your help! Glad we listened, definitely glad we came forward, and we hope this is the end of it.

Answer:
 This whole thing just made my blood boil, but you and your wife handled it beautifully. Glad that things have settled down and hopefully you can just put this behind you. I'm hoping that there will be no retaliation- but I'm guessing that since Sheriff is an elected position he will make sure his people keep in line.

Sounds like this went about as well as could be expected. You have set a good example for others in similar situations. Thanks for updating and putting your story out here- it's important we all know what our law enforcement and elected officials are doing.  This easily could have been many of us. Good luck.Answer #2: >They wanted us to delete everything, but the lawyer said no. Deputy sergeant has seen it.

I can't believe they even asked that...  "You'd like us to destroy the only physical evidence that exists to support our complaints?   Seems reasonable..." Answer #3: Good to hear the update. Hopefully you wont have any more issues. You dealt with it real well, I'm glad to hear of the success!Answer #4: >They wanted us to delete everything

Typical cop behavior.  Anyway, thanks for the update.Answer #5: Thank you.

I hereby proclaim you honorary neighbour of the neighbour who landlocked himself.

Arise!!!


Title: Can I get into legal trouble for doing this?

Question:
I have an amazon store card with sudden job loss protection saying that in the case of a job loss, $10,000 of your balance will be forgiven. It is my understanding that this will have no impact on my credit score. My question is: i got fired from my job recently but haven't filed a claim with amazon. Is there any trouble I can get into by making a big purchase using the card then filing the claim shortly after?

are there any other ramifications I should be aware of?

Thanks in advance!

Answer:
 I read the title of this and thought, "If you're asking, the answer is almost certainly yes."

And I was right.


Title: Colorado: My 80 yo neighbor is trespassing and harassing me

Question:
Hey,

I wanted to post here hoping for some guidance. I’ve owned my home and 2 acres of land for 5 1/2 years, and Jan owns an adjoining parcel on the hill. When we first moved in, we had problems with Jan’s dog running loose on our land, barking and growling at my then 1 year old twins, shitting everywhere, etc. We tried talking to Jan. She told me to train her dog myself, that she didn’t care, and essentially, it was my problem. The next time it happened, I took video and photos, called animal control and she told them she didn’t know where the property line was (despite her living here for 20ish years). Well, the cop believed her, so we then obtained a fresh survey and placed no trespassing signs throughout, and I’m talking a dozen, at least. In the middle of our continuing conflict, she asked to access our property a few years back to fell some trees and throw the rounds down to the base of our hill, so she didn’t have to haul them back up to her driveway. Before I answered her, she and her husband felled the trees, left all the slash, and let the rounds sit on my property for weeks. I cleaned up the slash and moved on without starting anything as I have anxiety just generally and really don’t want this stress to continue, until this morning, when she was pulling wildflowers off the hill and digging random holes, pulling up mats of grass and placing them on her land. I yelled up the hill to her, asking if she needed help with something or what was going on, and she told me weeds were everywhere and she was going to pull them. I told her I’d get to them as soon as I had the time, that she cannot come into my property without discussing it with me first and obtaining permission, and this old lady yells back, “Consider this our discussion.” She then called me a few names, so I restated she cannot be on my property without my consent, and I ended up having to call the county sheriff on her, which is so crazy, I know, but this lady has been the biggest old lady bully to me, and I need the harassment to stop. The deputy followed up with me and said she openly admitted to trespassing and said she’d continue doing so until my side of the property line was up to her standards. She also told him she needs access to my property to fell more trees, and after our last experience, I want to tell her no way.

Am I legally obligated to let this mean golden girl have access to my property to fell trees onto my land? To add, her home is well above where the property line is and is not in danger of being damaged by said trees. There is no fence or anything that would necessitate felling them onto my land.

Can I tell her no legally?

Please help me stand up for myself in a legal manner.

Thank you.

Answer:
 Speak with an attorney in your area, specifically [ask about the damages she caused to your tree/timber](https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Committees/Civil_Jury_Instructions_Committee/Chapter%2018.pdf)(see page 10). You're obviously not required to allow her access to your property. The fact that she cut the trees would cause me to sue her and *aggressively* pursue trespassing actions against her.

You're also not obligated to tolerate her dog on your property. Do you live in an incredibly rural area? If not, always report the dog on your property to animal control as being at large. Set up an inexpensive camera to record some of your property to capture them trespassing/their dog running on your property. If the dog is hazarding you or your child, you're free to use physical force, including deadly force, to protect you/your child.


Title: Legal discrimination?

Question:
My pregnant wife worked her way to upper management over 20 years with this company. She always received praise and always maintained upward momentum. There was some very serious talk about her becoming a district manager. In October she had a new district manager who very quickly and publicly showed his dislike for her. From December to the middle of March he forced her to work in an environment where she was not fully staffed, had to stay late to finish work, and struggled to maintain acceptable "numbers" in the performance measuring system they use. Yesterday he used those failing numbers to force a choice on her: she could take a demotion, or she could be placed on a probationary period in which he could terminate her employment after 30 days if she did not improve to his satisfaction. Which option do you think any pregnant woman would choose?

Now I'm worried that this is only the beginning of him trying to force her out. I begged and pleaded with her to contact HR, cover her ass. But she says she's personally witnessed how HR handles cases like this: because he has documentation showing her failing numbers HR will side with the corporation. Of, course.. so I tried to blast them on social media, maybe bring it to their attention, but they have a zero-tolerance policy with retaliation. So now she is feeling like she is not just being discriminated against, but having her voice suppressed. I've contacted 3 attorney offices that claim to specialize in employment discrimination, but nobody seems to want to touch this.

Suggestions?

Houston, TX

Answer: Discrimination on what basis?  Your boss not liking you is not automatically illegal discrimination.


Title: Friend being sued after weird dog bite accident.

Question:
What is the name of your state (only U.S. law)? New Jersey

Friend is in Dire need.

His neighbor's family and the wife's ex husband is suing him for a dog bite injury to their daughter. Heres the Jist: My friends family is home minding their own business. Neighbor's 10 yr old Daughter comes in to their house, uninvited and unannounced, I cannot stress the uninvited and unannounced part enough. The Girl runs to their dog and spooks him when she goes to hug/pet the dog. THe dog Bites her in the face. Girls Mother files a suit to sue for medical and damages. Wife's ex husband who wasn't together or even around wants to jump in and sue as well. No one is willing to help my friends family. How is this even a case when someone intrudes in to your own house? Please help these people will ruin them. I have used all my connections but i really dont have many in the Law world. this place is one of my last hopes. I recently asked him if she normally bounds they the door into the house and he said no. Sorry for the horrid typing but it late and I'm on a phone.
thanks to everyone who helps!

Monj

Edit to clarify more:

My friend and his family are the ones being sued. the injured 10yr old girl's Mother and step father are doing the suing. Randomly 10yr girl's real father gets wind of the situation and wants to sue as well even tho he hasnt been a part of the family years.

Answer:
 Most dog bite claims are resolved through homeowner's insurance.  Your friends should forward the claim to their insurer, who will probably retain an attorney to defend them.  And they will have a solid chance of winning because the child is a trespasser and there are no facts to indicate negligence on behalf of the homeowner or that the dog is known to be vicious.

[Statute](http://law.justia.com/codes/new-jersey/2014/title-4/section-4-19-16/)

[Controlling case law](https://scholar.google.com/scholar_case?case=1257221547987719483&hl=en&as_sdt=6&as_vis=1&oi=scholarr)