Title: Didn't get paid for work, me and my dad paint buildings and when we completed the job man said he's pay us tomorrow, not he's ignoring all our calls and texts.

Answer:
 Research *mechanics' lien* in your state/country. Filing a formal lien against the property may be enough to get paid. This is often is enough since most properties are mortgaged and banks hate complications such as this.

If you don't get paid, you will have a legally binding financial interest in the property where you may eventually be paid for the work (and interest) to clear the property for sale.

If you need immediate payment, then you need to contact an attorney.

(disclaimer: not a lawyer, not legal advice, just chatting, etc.)


Title: Appealing a custody case

Question:
I tried going for full custody of my two children. I finally received a verdict after multiple hearings and the attorneys had to file findings of fact and conclusions of law.

Unfortunately, the judge decided that neither of us had strong enough evidence to change anything. I believe that the judge was inattentive (a video started playing on her phone during testimony) and has a reputation for maternal bias. The judge did order my ex wife and I to complete co-parenting counseling together.

So now I'm contemplating appealing the decision. So I'm wondering if I do appeal, can I skip the lawyer? Can I reuse the evidence I used the first time? Can I (and how do I) switch to a different judge?

Answer: It is extraordinarily difficult to get full custody when the other parent wants to retain custodial rights. Even if the judge was inattentive, it may not change the outcome.


Title: Legality of change in dress code

Question:
Recently we had a reorg of our IT dept. Got a new director who is really shaking things up, trying to improve our image (the rest of the organization views IT as incompetent due to years of poor leadership). One of his many initiatives is implementing a business casual dress code. Not a strict one, he just wanted us to not wear jeans except for Fridays and no more graphic t-shirts or raggedy tennis shoes.

Obviously not everyone is happy about this change. Mostly those who dress sloppily and don't want to change. Other departments in the organization (we're a non-profit) don't have an official dress code, so why should we? Rabble rabble rabble.

After conferring with HR for weeks and going back and forth the new official dress code for our department was sent to everyone on the team and it starts on July 1st.

The coworker who is the most angry about this talked to a lawyer friend of his who told him that forcing our department and not the entire organization to a specific dress code is illegal, and that if he wants he could sue and probably win. Coworker said it's not worth it because it would cost him a lot and he'd get nothing in return other than getting to wear jeans again.

My question is how valid is this claim? Is it really illegal to implement a dress code to just one department in an organization (I say org cause we're a non-profit, so not corporate)?

Personally I don't care, I dress biz casual most of the time anyhow. I just want to know if my coworker is full of it.

We're in Georgia, USA.

Answer:
 I swear, every IT department has one of these guys (and it's a guy 100% of the time) who demands that they be allowed to look like a homeless person at work.  The whole reason dress codes still exist is because of guys like him.Answer #2: Ask the mad guy if the kitchen staff at a gentleman's club has the same dress code as the dancers.

Or if the lifeguard on duty at a resort has to have the same dress code as the front desk staff.Answer #3: LOL your coworker did not talk to a lawyer.


Title: Legal consequences for lying to my husband about birth control?

Question: Mississippi.

Answer: Abusers and manipulators often use manipulating a partner's fertility as a way to control them so that they "can't" leave the relationship - you are doing the right thing by taking birth control whenever you want. However, if you are worried this person may sabotage your BC, you can also get on the implant or Depo shot. Answer #2: It is completely legal for a woman to lie about the use of birth control.


Title: [Hypothetical] Can a restaurant owner ban children from their establishment?

Question:
Pretty much the title.

Considering opening a restaurant in a few years time and as a slightly upscale establishment, I do not want whiny, messy, picky, loud children to detract from other customers' experience.

Are there any locations in the US that this is not allowed?

Not set on a location, we are in the beginning stages of making a big move and really haven't picked our new home state yet.

Answer:
 I believe so, discrimination of age only becomes a legal issues over. 40 Answer #2: Bars ban anybody under 21.

EDIT: u/buscoamigos makes a good point.  So I found an article [where a NC restaurant owner banned children under 5](https://www.washingtonpost.com/news/food/wp/2017/03/31/thank-you-for-taking-a-stand-customers-flock-after-upscale-restaurant-bans-kids/?utm_term=.959b70b08b25).Answer #3: I used to work at a restaurant that had banned kids, if not explicitly, than just by the atmosphere. No kids menu, no crayons, no high chairs just booster seats. I rarely saw kids younger than 10 or so, but it's not like the owner asked anyone younger to leave they were just able to foster that naturally among their target customers.


Title: Is my employer allowed to garnish my wage because of the mistake of my co-worker? (California)

Question:
My female co-worker recently treated a $10 bill as a $100 bill, marking the $10 bill with a counterfeit pen and giving back $90 in change. Her defense she's going to give is that the manager didn't follow all the proper drawer procedures. But that doesn't change the fact her drawer is $90 short because of her mistake. The problem employee is now telling me the store manager told her the *district* *manager* is telling her both the problem employee and *I* have to pay that sum out of pocket.

Now obviously this shouldn't be my problem, nor was it my mistake, but to me it's a matter of principle and I don't want to have to pay. I'll pay at the most $30 to *keep* *my* *job*, but for that reason only. What is my employer legally allowed to do to me in a situation like this? State of California.

Answer:
 You've already been told the answer is no. Your employer cannot deduct this from your wages. Here is the actual statute you should show your employer:

CA Labor Code 224

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=224.Answer #2: > The problem employee is now telling me the store manager told her the district manager is telling her both the problem employee and I have to pay that sum out of pocket.

Did you confirm with the store or district manager?

> What is my employer legally allowed to do to me in a situation like this?

Can't deduct cash shortage for a mistake or simple negligence, only intentional acts and gross negligence. Answer #3: No this is in no way your responsibility. Why are you involved at all? Answer #4: Many people are saying that whether you pay up or not you can be fired.

This is true, and what your employer is asking is illegal.

That said, it is also grounds for a wrongful termination lawsuit in the state of California.


Title: [IL] Chicago - Tipped employees often work non-tipped shifts. Are they due the non-tipped minimum wage?

Question:
Hi, I am a waiter at a restaurant in Chicago making the normal Chicago tipped minimum wage + tips.  The restaurant is in a gym (its more like a country club, $$$) and tomorrow we are holding our Fall Fest for members.  During fall fest I will be handing out food from trays at the buffet, which is a non tipped day of work but I am still making the Chicago tipped minimum of $5.95.

FLSA says that if an employee works two jobs, one tipped and one non-tipped, then the employer can has to pay the regular minimum wage for non-tipped work. Does this qualify? I am not employed at a second position, I am still wait staff.

FLSA also says I can be paid for non-tipped work if it takes up more than 20% of my workweek.  This week it will, but normally it doesnt. We work this type of shift about once every three months. Does this qualify to get us the non-tipped minimum wage?

Thank you

DOL tipped employee source: https://www.dol.gov/whd/regs/compliance/whdfs15.htm

Update: Thanks for the help guys. A coworker tells me that because the members will pay for drinks, wait staff has the potential to earn tips through the tip pool from that. We likely will receive just a few bucks each. I was reading that if my earnings / hour with tips doesnt make it to the minimum wage the restaurant needs to pay me more base to get it there. I guess thats all I can hope for?

Answer:
 I can't answer your legal questions at all.  What I can do is offer a bit of perspective.

Unless you plan on this being your final week of work, the legality of the situation really isn't going to matter.  If your boss is reasonable then simply approaching them and explaining the situation should be enough to remedy the situation.  Just be straightforward and say "Hey, if I'm going to be handing out samples this week I'm going to be missing out on a lot of tips.  I understand I won't be making as much when I'm waiting tables, but could you meet me halfway and pay me minimum wage for the hours spent doing this?"

We're only talking about $1.30 an hour difference here, a reasonable boss would make that up regardless of the law.

If, on the other hand, the boss is unreasonable and won't pay that extra $10, then they probably won't like it when you tell them they don't have a choice and the law says they must.


Title: School Aide whose pay has been withheld for 1 month due to not having a completed physical. Is this legal?

Question: I live in Illinois. I had previously filed a physical with the district office. The secretary I handed my paperwork into (a very elderly woman) left over the summer (maybe passed, I have no idea) when I was hired. They notified me that they will be withholding my paycheck until I hand in my completed physical forms. I wasn't able to get an appointment to see my Dr until this holiday recess from school. During this visit were unable to do TB testing as the Dr explained they weren't able to do labs during the holiday weekend (?), in any event, all but that portion of my physical is complete but I am now going on 2 paychecks being held by the district and I worry that because my TB test isn't complete they will now hold a 3rd. Is this legal in my state? Is it legal for a school to withhold pay due to missing physical paperwork? I would assume they would rather send me home than risk contamination over holding my pay? Any enlightenment on the legality of this would be wonderful. I do not want to approach a local lawyer if this is indeed not illegal. And if it is illegal and they do release my months worth of pay, do I have a case to sue the district over pay withholding?

Answer:
 AFAIK schools are not exempt from the pay day laws and it's illegal for them to withhold pay. You can file an unpaid wage complaint. Answer #2: > During this visit were unable to do TB testing as the Dr explained they weren't able to do labs during the holiday weekend (?)

A TB skin test has to be "read" during a very specific time period after the injection is done and requires a follow up visit to the lab or clinic. If you can't return within the time period (48-72 hours), then the test is invalid and needs to be performed again.


Title: (Arizona) Can a customer sue my employer for an off the job incident?

Question:
I currently work for a small business in Arizona. They are very particular about NOT making friends with the customers. That I am not allowed to exchange any personal information for only one reason. They say that if anything happens, even while not at the workplace, the customer can sue the business simply because I met this person at work.
Is this true? Even if this said incident is not at the work place and not related to my job? I have the feeling there is another reason that they won't tell us...
I appreciate any advice, thank you

Answer:
 Sure, someone could sue the company, though the odds of success might be low if the issue in question didn't involve or relate to the business in any way. The company would still have to spend money on legal representation to defend a lawsuit, even a frivolous one, though, so it could arguably be a reason for that rule, even if it might be a touch on the paranoid side. There might be other reasons as well, such as concerns about employee safety, conflicts of interest, etc. that could arise from employees getting personally involved with a customer.

Your company can't stop you from communicating with customers on a personal basis outside of work, but they can fire you if they find out and they don't like it. Answer #2: It may be discouraged because they're worried about you potentially stealing business if you left.


Title: Advice on breaking up with my property manager via correspondence.

Question:
Location: I am in NY and the property and property manager are in CA.

I want to break ties with my property manager. I sent her an email indicating my intentions to end our relationship in 30 days and copied the new property manager. Old prop manager ignored the email. Her email is clearly listed as a contact method on her business website although I have never emailed her prior. A week after I sent the email, I send a certified/registered letter re-iterating my intentions and enclosed a printed copy of the email. Delivery was attempted at her place of business at 1pm on a week day (normal operating hours) and there was nobody authorized to accept the letter so a notice was left. # business days have passed since the notice was left and the letter has not yet been picked up. The 30 day mark is approaching in 2 weeks - what should I do to ensure that the relationship is legally over?

Answer:
 Location?

And do you have a contract with this person? What does the contract say about termination?


Title: Ex has ruined my name in town by falsely claiming I raped her at gun point.

Question:
I hear about stories like this all the time and this whole situation has me scared beyond belief.

Im a 19 year old male and I just finished my freshman year of college. My hometown is about two hours away from where I went to college and naturally i lost touch with most of my friends who lived back home so i was excited when i got off from college early so I could hang with most of my younger friends who were just graduating high school. However shortly after I got home, I realised alot of people seemed to be awkward about my appearance at parties and a lot of people who I used to chill with alot just stopped talking to me.

Then one night at a bonfire with alot of my close college friends, I was a little drunk so I decided to ask about my ex, which is usually a sore subject in my group. She was a year younger and was graduating at my old highschool this year. I had dated her for a year but we had had a bad break up right before last summer and I really hadn't talked to her since because the break up was a really bad one. Right then everyone got quiet and I got the awkward kind of feeling in the air. Then someone spoke up and asked if i owed a handgun. I don't own a hand gun and never have and that answer seemed to be a big relief to the group. they then told me about how my ex had told a couple of them the same story of how I forced myself upon her with a gun to her head. The whole story was a clearly a huge fabrication and most of my friends said that they believed it to be a lie the whole time. And i know if she had told them this story there was surely to be more .that she had told

This whole thing immediately freaked me the fuck out. In my semi-drunken state I decided to go straight to the source and text her for the first time in months, She denied the whole thing and
i have screenshots where she directly says she never it never happened and other people made up the rumor.

Then a couple days later and I go hang out at one of my other friends house and her old best friend was there but apparently they had some girly fight and were no longer friends. I took this as an opportunity to figure out more information. She then told me about the sexual assault presentation my ex had given in two different classes where she stated she was a sexual assault victim to a old boyfriend. She never used my name but being the only guy she dated in high school it was pretty obvious to everyone who knew we dated who she was talking about.

This whole thing has me scared for my future. Even if she never tries to do anything legally I feel like my name is slandered all over town as I figure out just how far the whole thing is spread. I am broke as heck and i would love to know legally what i can do to protect my name or to protect myself from having charges pressed.

Im located in South Carolina if that helps

edit: i thought that i made that clear in the original post. but yes but i know for a fact she has told about 7 of my mutual friends that i know about, one on one, face to face, that i raped her at gunpoint. I can only assume that she has told multiple others the same.

Answer:
 > what i can do to protect my name or to protect myself from having charges pressed.

You can't protect yourself from charges. You can protect yourself from conviction if charges are pressed. Save the text from her saying it never happened. Be a good person.

As for your name:

> most of my friends said that they believed it to be a lie the whole time.

> my ex had given in two different classes where she stated she was a sexual assault victim to a old boyfriend. She never used my name but being the only guy she dated in high school it was pretty obvious to everyone who knew we dated

So your friends knows its not you. Who are you worried would definitely know she is talking about you and not some other boyfriend? Frankly, you don't even know the story is a lie she very well could have had this happened by someone no one knows.

All you can do is just keep being the amazing guy you are, and people won't care about rumors. Keep evidence of her saying it didn't happen if it comes up though.


Title: [Germany] Overpaid by employer for 10 months, now they want their money back.

Question:
Hi!

I am a PhD student working at a company in Germany which has a contract with a University in Germany to build an advanced electronic product. My PhD is under Marie Skłodowska-Curie Actions (European Commission). In this the European Commission pays my Company to pay me my monthly salary.

When I joined I signed a contract for roughly which stated 3600 Euros as my Gross Monthly Salary, from which my Social Security deductions and Tax Deductions were taken out before handing me my Net Monthly Income. I have recently been informed by my employer that they have miscalculated what my Gross Monthly Salary should have been (according to what they receive from the European Commission to pay me), and that I owe them roughly 3000 Euros in the past 10 months since I have started my PhD. They have advised me that I will have to sign a new contract with the updated Gross Salary and that they will deduct this 3000 Euros from my Net Monthly Income in the next 2 years.

Since, it is not my fault and neither it is the situation that they overpaid me over what was informed to me in the written contract. It was just a fault in the written contract by their side. I want to know what are my legal options? Since, I am also considering leaving this position as I am not really satisfied with the work and environment here, so if I leave now without signing new contract what will happen? Will they ask me to pay them 3000 euros back? or, I have the right to leave without paying it back as it is the amount mentioned in the contract?

Thanks!

Answer:
 I don't think anyone here would be versed in German law.

It seems to me that they don't have a leg to stand on.But I'm not a lawyer. Please find one to confirm this.


Title: Our property sits above the main part of a "show cave"; Have questions regarding our "rights" and other Real Estate related questions.

Question: The property (1 acre w/ single family home) was purchased in 1980 and in 1988/89 the property next to us that had an opening to the caverns was purchased and developed into a tourist attraction and officially opened for business in 1991. During that time, not once did we sign any kind of agreements or paperwork of any kind that would grant permission to use the part of the cave that sits directly under our entire property. When my Dad tried to discuss this with the owner and even with the offices responsible for such in the county, he was told that none of the cave that they used or accessed was under his property.  That was basically the end of it until lately, and now my Dad is looking to sell this property since he's retired and bought another place. Now we are once again asking ourselves, "how has this business been allowed to use our property to make the money they've made over the years and never had to have my Dad's permission nor give him a dime in return?" Yes, ONE opening to the caverns  is on their land,  but we have an opening on ours as well. At the bottom right-side of our property is a cliff that's about 100ft drop and there's an opening (approx 10x10 ft) where water comes out of. When you go in that way, there's even a property marker on the cave wall on the side of the main room of the cave system. The cave has never been professionally mapped and the map that was used to determine the caves placement was a hand-sketched "guess-timate" done by one of the original owners that started the project. The people that originally owned the cave don't own it anymore. The guy that owns it now bought the place at auction! Just a funny fact I threw in ... Anyway, I know that cave like the back of my hand and I know beyond a doubt that our property is over the main room and if it wasn't for that, this cave wouldn't be anything other than a couple of winding tunnels. We've not wanted problems with neighbors and my Dad isn't someone who likes to argue and he's been unaware HOW much of his side they use until recently. What should we be doing?  I feel like things have been done in a "I'll scratch your back you scratch mine" sort of way. My dad even offered to sell the owner of the cave our place, but he keeps trying to lowball my dad every time. He's done that in order to keep from having to go through court or have issues that arise from feuding. But he's looking to sell and the next ones that buy this place may not be so passive. I feel like he should have to pay my dad in order to use his half. I want my dad to get what he deserves and he's a damn good man and even better dad. What should be done here before we sell?

Answer: Man subterranean surveys are insanely difficult but, they exist and are worth it in some instances. I believe this may be one of those cases. The results of that survey will dictate your next steps.


Title: I bought a diamond ring, I received a moissanite ring

Question:
I purchased the ring as a VS2 1.2 carat lab made diamond with a platinum band. That is how it was sold to me. In fact, it was sold to me as a diamond, I only found out that it was lab made in small letters on the receipt.

I took it to another jeweler for repairs because the place I originally purchased the ring had problems sizing it properly and I didn’t necessarily trust that jeweler after sizing it 3 or 4 times incorrectly. The new jeweler is the one who told me that it was moissanite and not a diamond or even a lab made diamond. He checked the band as well. It registered on his machine as 8k gold. He did say that it has some platinum in it, but not the 90%+ that is needed for it to be sold as a platinum band.

What do I do?

Answer: There was recently a thread on r/jewelers that lab grown diamonds do test as moissant. Here's the thread: https://www.reddit.com/r/jewelers/comments/9lg32s/why_are_my_diamonds_testing_as_moissaniteAnswer #2: Have you addressed the seller?Answer #3: Did the documentation say a lab grown diamond or a lab created diamond? I used to work in the simulated diamond industry and there is a technicality to it- a moissanite is technically classified as a simulated, or lab created diamond. Answer #4: If methods of mediation with the business end up being fruitless and you want to take them to court I would attempt to find other clients who have faced similar discrepancies even if they were not as severe as what you are facing. Could also make them aware that they should get their current ring checked out. A history of shady practices, even if resolved would help you build a case against them.


Title: [CT] Attorney representing their client has sent me a request to make all communications with said client through the attorney.

Question: Am i obligated to listen to this (gag) order? Can I contact the client myself? The client is the home-seller in a real estate transaction and I am a realtor trying to get the listing agreement. I've had communication with the seller in the past with no hostility. The request was made in writing by email from the clients attorney. Thanks for help!

Answer:
 > Am i obligated to listen to this (gag) order?

Lemme ask you a question.  Why in the *world* would you think that ignoring a direct request from someone you're trying to get business with will get you more business?  Answer #2: The client is paying the lawyer, by 6 minute increments, to deal with this in their stead.

I guarantee you the client will not be impressed by you attempting to subvert their wishes.Answer #3: Unless they're very stupid, they will tell you to contact their attorney if you try to contact them.Answer #4: Left unsaid here is that this person does not want to give you the listing. This is an "F-You" by someone who is extremely conflict averse. Answer #5: If they had their attorney send that notice to you, why do you think they'd want to talk to you?

Just go through the attorney. If you keep contacting them the attorney will just keep busting your balls and make whatever the issue is that much more difficult to resolve.


Title: Sold car, didn't get buyer's address and can't file the report of sale... halp! [WA]

Question:
Okay:

1. Sold car to rando on craigslist. Filled out the bill of sale that my daddio made for the occasion. Included vehicle description, mileage, price, Dad's signature and the buyer's signature.

2. Dude paid cash. He got the signed over title and the car.

3. I send the bill of sale to my Dad, who then freaks out about the fact that the address and DL# wasn't reported (it wasn't on the form that he made for the occasion so I didn't know to grab that information before the car left my possession.

4. Call random dude, leave email (All i have is craigslist email), text a bunch of times and am met with no response. I then call and find that the number has been disconnected.

5. Freak the fuck out.

6. At this point I think that we (really my parents, as it was owned by my father) have two (maybe 3) options:

6a. Utilize this form: [this form](http://www.dol.wa.gov/forms/420040.pdf) and release interest in the vehicle.

i. I have no idea if this will release us from liability if random sketchball decides to rob a bank with the car or something.

6b. Report the vehicle stolen.

i. Same problem

6c. Both!

Anyway, what do you all think? What is the best way to release us from liability with the vehicle?
Topic:
Douche

Answer:
 >6b. Report the vehicle stolen.

DO NOT DO THIS.  You would be breaking the law, and royally fucking over the guy that bought your car. How would you feel if you had to spend the night in jail because some dude you just gave a ton of money to freaked out over missing some paperwork?

>6a. Utilize this form

Do this ASAP.  Then sit back and hope he doesn't rob a bank with your car.

Having his address wouldn't change anything.  If he was planning on robbing a bank he would have given you a fake name and address, anyway.


Title: Landlord in AK asking my friend to sign an "agreement" regarding cat they don't like - kind of complicated situation. Please help.

Question:
Hello friends! I will get right down to it. I am posting for my friend I'll refer to as SecondTenant who lives in Anchorage, Alaska with their roommate, Tenant.

This is a really tough situation. I'm trying to give all the info I can.

The house is owned by Tenant's sister and is the landlord. Recently, Landlord (along with husband, and baby) have MOVED IN to Tenant & SecondTenant's property while transitioning in a move.

Landlord is very passive-aggressive and invasive to SecondTenant's space. SecondTenant has a cat. I know SecondTenant takes very good care of the cat (who is older and not a destructive kitten or anything) and cleans up after it regularly. There has been no damage done to the house in any way.

Landlord has been moving SecondTenant's cat litter box to the outside balcony (cat is indoor only), going into SecondTenant's room to take a shirt and use it to clean the floor of loose litter (then throw it back in the room covered in wet cat litter) and has been suggesting the cat needs to be thrown outside.

I know there was not a pet deposit put down, but SecondTenant moved in with Tenant on their **"property manager agreement" ** not a lease!

Today, Landlord gave SecondTenant an "Agreement" tacked onto a very poorly-done previous "lease agreement" naming my friend specifically, I'll quote the relevant point I'm here for today:

* "If you have pets please clean up after them-Not limited to outdoor cleanup, indoor pets are expected to be cleaned up after Daily - if this is not accomplished pet will be evicted."

I'd like to punctuate this by saying that Landlord has said nothing about Tenant's dog, except passive aggressive statements about the yard they ALSO clean up regularly. Landlord only says things to SecondTenant when Tenant is not around. SecondTenant is not sure Tenant believes them about Landlord's behavior.

Again, this is complicated. Landlord is family to Tenant and has taken over the house and acts as if SecondTenant is encroaching on THEIR OWN space because they own the place. SecondTenant is really at the end of their rope. Landlord claims she "does not like the smell" of the cat litter box, even when clean. The fact that she keeps putting it outside is really bothering SecondTenant as the cat is around 10-11 and is strictly indoor only.

Is it legal for the Landlord to 1. demand the cat litter box be cleaned every day (instead of every other day or whatever SecondTenant's schedule is) and 2. "evict" just an animal they've allowed to live there, when it is not damaging the property in any way?

Will be eagerly awaiting replies & can answer questions! I've tried to keep as anonymous as possible for my friend's comfort.

Thank you!
Topic:
Landlord Tenant Housing

Answer:
 If your friend doesn't like it, he doesn't have to sign the new package. Also I'm pretty sure you can't evict an animal (they're property not tenants).Answer #2: >going into SecondTenant's room

Get a lock

>r *"property manager agreement" * not a lease!

What does this mean? Any paper detailing the rules of living on the property and/or with a start and end date is a lease.

>Is it legal for the Landlord to 1. demand the cat litter box be cleaned every day

She can demand it all she wants but tenant doesnt have to.

> 2. "evict" just an animal they've allowed to live there, when it is not damaging the property in any way?

No the cat is equivalent to a television.

TL;DR if any type of paper agreement was made with a start and end date then that is a fixed lease. He does not have to sign anything nor follow any new rules. If the paper agreement is for the whole house then the landlord family can actually be called for trespassing. If no paper agreement with a start and end date then its a month to month. If hes lived there less than a year than landlord can give 30 day notice to vacate the property, more than a year is 60 days.


Title: My car, but not me, was captured by a speed camera. Can/should I fight it? This happened in DC

Question:
I live in MD, but the event occurred in DC. I got a letter in the mail today showing my car was photographed by a speeding camera going 51mph in a 40mph zone. I will not say who was driving because it is on the state to prove guilt - but I can show without a doubt that I was not the driver and that on that day at that time I am not guilty of breaking any laws. Because the ticket specifically names me as the guilty party, can and/or should I go to court?

The DC Police website it says that the owner of a car is responsible for the cars involvement in any speed camera incidents, but without being able to find the exact law I'm wondering what this community thinks.

Answer:
 > I will not say who was driving because it is on the state to prove guilt

No not for these tickets it's not.

You can sue the person who was driving but you need to pay the ticket.


Title: Is it legal to reverse/chargeback direct deposits?

Question:
Would it be legal under any circumstance for an employer to reclaim directly deposited pay check? Do they have a way of reversing the deposit? If so is does it have to be within a set amount of time?

 I work for a very shady company. I would not put it past them to attempt to do this.

Answer: The ACH/NACHA rules employers to reverse a direct deposit but only for the exact amount of the original deposit and it has to be within 5 banking days of the original deposit date.


Title: **Trigger warning** An ex-friend of mine coerced me to go on video chat naked by saying he’d tell my family and friends something very personal. At this point he took nude screenshots of me and threatened to hurt me if I told.

Question:
**Trigger warning**

It’s taken me a long time to tell or ask anyone questions about this. I am deleting any personal information on this account so as to protect my safety. In November of 2017, my ex-friend decided that he wanted me to go on video chat naked with him. I was living in Ottawa, Ontario, at the time and staying in my university dorm. He told me that if I didn’t go on FaceTime, he’d tell my family something very personal he knew about me.

So, I went on FaceTime and he took screenshots of me without me knowing. I found out through my best friend who had received the photos of me naked in her inbox on social media. He kept telling her how ugly I was, and it’s a shame she had chosen me as a best friend. She has the photos saved in case I decide to go to the police.

He then threatened to hurt me after I found out about the photos. It haunts me every day what he did. In January of 2018, I attempted suicide on my university campus and was asked to leave residence. This incident has ruined my life.

My questions are:

1. I know this is illegal in my heart, but is it considered sexual assault? I’m afraid I won’t be taken seriously.
2. Would this case stand up in a court of law?
3. What is the best way to proceed so as not to risk my safety and damage my wellbeing even more?
Topic:
Canada

Answer:
 1. It is illegal. It's extortion and whatever crime threatening a romantic partner is in Ontario (assault, battery, or some flavor of DV. I'm not terribly familiar with Canadian law).

2. Yup. Especially if you have records of the texts, snaps, whatever.

3. Call the police.


Title: [WI] A local news source is saying I was arrested when no such account took place. What are my options?

Question:
Back in January, I was in a car accident with a city bus. I wasn't hurt and no legal action was taken against me other than a ticket which was paid. However, a local news source has arrest logs published on their website, and when you Google my name, the January arrest logs come up for my city where it details my traffic violation.

I looked myself up recently and decided to email the news source asking them to take it down because it doesn't look good to future employers. They never got back to me.

As to where it stands now, what are my options? I don't want this blemish on my name any longer.

Answer:
 It's specifically an "arrest log" and not a "police blotter?"Answer #2: NAL but I live in the same city..I don’t think his “reporting” is taken seriously. Most offenses listed on his arrest log are nothing more than monetary. Answer #3: You could ask them for a clarification to be printed in next weeks paper, but that's about it unless you have some actual damages to back it. Answer #4: You don’t really have any options, traffic violations are public record, and the news source has the right to report on them.

Was this a traffic citation or were you charged with something criminal as a result of the crash?


Title: Prosecutor told witness to go home

Question:
Im asking for advice on behalf of an acquaintance. She was in a traffic accident. She was going through a yellow light and the incoming traffic car making a left turn hit her. The cop cited her for the accident. There was a witness there who said he saw it and the light was yellow. She took this to court to fight it and the judge found her guilty. Then her insurance company called her and asked why she didn't go to court. She did. Turns out the guy who was a witness, the one who saw the yellow light, had showed up to court and was told by the prosecutor that the defendant didn't show up for court and he should just go home. The insurance company had contacted him to get his statement.

Anyways- she's fighting it because 1. She's innocent. 2. She only has liability insurance and her car is totaled.

She's tried calling lawyers about it but as soon as they hear about the witness issue they decline to take the case.

The insurance company denied the other drivers claim- they would only provide a lawyer for her if she was sued.

She called the prosecutor and confronted her about sending the witness home. She said the prosecutor put her on hold then came back to the phone and said (paraphrase) "Well file an appeal then but you're not eligible for a retrial"

This is in Ohio.

Any advice/or insight into what's going on?

Answer:
 Your friend showed up late and the prosecutor didn’t want to waste the witnesses time.

She should have been at the courthouse when they opened and spoke to the prosecutor first thing.


Title: Someone is trying to blackmail my girlfriend.

Question:
Hey, /r/legaladvice, this just happened a few minutes ago. backstory: my girlfriend e-dated this guy back in 2016, and he seemed a nice guy for her and all, but a little later into their relationship, it was turning abusive. he started to ask nudes of her all the time, and practically forced to her to do naughty stuff, so eventually she sent nudes. fast foward 2018 and he just got her discord, which she didn't even gave to him. he added her and started chatting with her, "innocent" stuff, BUT she is really worried that he is gonna try to blackmail her, and force her to do something otherwise he'll leak the nudes. we are really worried that he is gonna do something like that to her, so please, what should I do?
Topic:
Computer and Internet

Answer: Revenge porn may or may not be legal in your jurisdiction, which you didn’t provide. She has no legal case against something that he may or may not do.


Title: [NH] Child Support, Custody and Parental Rights issues. Where to start and what to do?

Question:
I'll try to keep this short and as much on point as possible, as I'm posting this for my boyfriend who doesn't Reddit.

He is a father of 2 kids, ages 5 & 6 years old.  He and the mother had shared custody of the kids until an incident in 2016 that required the father to leave work and pick his kids up at a local police station after the children were found wandering along the side of a highway in their diapers, in possession of a lighter and drug paraphernalia.  They had been in the care of their mother at the time.

In April of 2018 the courts finally ruled for the father to have full physical guardianship of the children, with both parents sharing 50/50 custody and medical decisions for the children.  The mother was granted visitations on the weekends so long as she maintained mental health treatments and stayed on her medication.  She was also ordered to pay $50/month in child support, but not required to pay any arrears in child support (this is in the parenting plan laid out by the courts, as at the time she didn't owe any back child support).

In February 2019, the father get's a message from the mother saying she was leaving her husband of 8 months because he is a drug addict.  She will call him in a week once she has gotten herself situated in a place of her own and can take the children for her visitations.  This is the last message or contact he had with the mother.

Since April 2018 to present, the mother has not made a single child support payment.  Paperwork has been filed with child support services to begin collecting the money, but they are only seeking the $50/month she is currently ordered to pay and none of the unpaid support from the previous 15 months.  They also have not issued a payment to the father since he opened his case with them in November of 2018.  When asked why, they state that they haven't been able to make contact with the mother to inform her, but have started the process of suspending her license.

We know that in NH, you can legally file for abandonment and seek to have parental rights terminated if a parent/guardian has provided no financial support or had any form of contact with the child or the other parent in at least 6 months.  We are at well over a year of no support and less than 30 days away from the 6 months of no contact.  Earlier this week we were informed by the mother's sister that she has fled the state, but we do not know where.

What we would like to know is where to go from here.  The father doesn't want to terminate her parental rights, but he also wants to have full 100% custody and decision making.  He wants her to be held responsible for the back child support that she hasn't paid and he also would like to request an increase in support payments, as $50/month for support of 2 children is beyond ridiculous.

What paperwork do we need to file so that can happen?  Who should we contact?  We don't have money for a lawyer to help us with this.

Answer:
 You have to get a lawyer.  You can't just go before a judge and assume that the judge will TPR b/c of $$$$ (you don't lose children for being poor).

I'm not saying the mother is great here, but you can get 100% custody, etc., WITHOUT TPR.    Get a lawyer to file for full custody.

In 10 years, if the mother is clean and your boyfriend TPR'd, he has to explain why he did that to the kids.  It doesn't look good and frankly, it isn't overly fair, not at this level.Answer #2: It will be much easier to get full custody than it is to terminate parental rights. That said, if the mother has cut contact he effectively has full custody so he may want to save himself the money and just continue on as is.

As for child support he can try to get the amount increased if he wants but if she has no money a higher court order won't make a difference.Answer #3: Terminating parental rights is a huge deal, meant for things like a parent molesting or threatening the life of a child.

How about start with something reasonable:

1. Your BF **needs** the ability to make decisions without her consent, because the mother has disappeared. If the children need medical care or something, she isn't available to consent. Not only has she cut contact with BF and her children, neither the state nor her family know where she is.

2. If and when she returns, visiting should be restricted to supervised by BF or a facility for that purpose. I would be very concerned that she would establish herself somewhere else, return, demand the visitation that is currently ordered, and take off with the kids.


Title: MA: Baby Mama Gave My Kids The Wrong Last Name

Question:
Throwaway. Approximately ten months ago my FWB of two years (let's call her Coco) found out she was pregnant, and told me it was mine. Naturally, I asked for a paternity test, and she said that was fine. she told me that I could be as involved as I wanted with the baby, as long as the involvement level was "consistent."

Throughtout the pregnancy she kept me informed of the baby's health, and would send me copies of the ultrasound. As her due date approached, I asked if I could be in the delivery room - if the baby was mine, I didn't want to miss the birth of my first child. I also wanted my mom in there with me, however Coco said no. We argued about it, however Coco ended up going to the hospital before her due date, and setting up this bizarre birth plan that made it so the nurses wouldn't allow my mom into the ward at all, and so that I was kicked out of Coco's room when she would have "blood pressure checks."

Coco did call me when she went into labor, and I was allowed to be in the room when she delivered our daughter. I was then allowed to hold our daughter while she (unexpectedly) delivered our son - neither us or the Doctors realized she was carrying twins. After the delivery, there was a lot of confusion, however somehow Coco was able to fill out the babies' birth certificate and give them her last name. I gave the babies and myself paternity tests after they came home and the results were positive, however when I asked Coco to get a corrected birth certificate for me to sign, she refused, stating "It doesn't matter to me if you sign the birth certificate or not, I carried them, I gave birth to them, so I'm giving them my name."

How do I correct the birth certificate to list me as the father with my last name?

Answer:
 If you want you can attempt to petition the court to have the names changed but she didn't give them "the wrong" name and the court probably won't make her change the names unless there is some really impressive reason to force her to let that happen. So are you listed on the birth certificates currently?Answer #2: Massachusetts public policy is that the mother chooses the child's last name in most circumstances. [Here](http://www.mass.gov/dor/docs/cse/parents/paternity-guide.pdf) is a pamphlet on establishing paternity in Massachusetts.Answer #3: You can petition the court to request their last names be changed. The best you may get is hyphenated. She can give schools any name to use there.

Mom has final say who is in the room during labor and delivery. Those blood pressure checks were likely her cervix being checked. Consider yourself lucky she let *you* in to see the births.Answer #4: If she wants child support, it does matter if your name is on the birth certificate. She is not obligated to give the children your last name.

If you want to be formally and legally acknowledged as the father, you must petition the court to name you as father, and provide a paternity test proving you are. The court may ask you to get another paternity test if it has an issue with the ones you've already obtained. You may then seek partial custody, if you wish to do so.


Title: Help with my grandmother's house.

Question:
Ok, so about a year ago my grandmother passed away. No will was left behind, but she had expressed that she wished for it to be sold and split amongst the four grandchildren. She has no living children.

I have no way to contract two of us (no social media, no known number as i haven't talked to them in years and they didn't show up to the funeral) and the third has said she wants the house solely for herself as she thinks she deserves it more.

I can't afford a lawyer, but i want to see the house sold and split evenly. What steps do i take to see this happen? If it matters, this is in Illinois and I'm the oldest grandchild.

Answer:
 > What steps do i take to see this happen?

This a broad question, but you should be looking into the [probate process for Illinois](http://www.nolo.com/legal-encyclopedia/illinois-probate-an-overview.html).


Title: Can i use copyrighted material for a school project?

Question:
Im planing on using a coprighted song in my video project for school. I would reference the creator and maybe add some commentary, would  it be legal for me to do that?
Topic:
Business Law

Answer: As long as you’re not making any money off of it and it’s only for school use


Title: [PA] Man attempted to serve papers but went to the wrong address

Question:
A man, with no badge or identification, attempted to serve my husband papers at my mother's home address. He refused to disclose any details and left without leaving contact information. We are currently out of state and don't live there. I believe he was a private process server,  but cannot be sure.

I have contacted the sheriff's department, magistrate/district court, an attorney that had served papers before, and the local sheriff in his home county. They have all told me that they cannot find any information. Can anyone advise me further?

Answer:
 If you think there might be a court proceeding pending in Pennsylvania, check out the docket sheets and court filings.

https://ujsportal.pacourts.us/DocketSheets/MDJ.aspx

https://ujsportal.pacourts.us/DocketSheets/CP.aspx

https://ujsportal.pacourts.us/DocketSheets/MC.aspx


Title: My girlfriend is in an identity theft nightmare. Please help.

Question: My girlfriend has had her identity stolen and it is turning into a reeeeeal nightmare. Nothing like cars being bought, but opened credit cards and new bills that have gone to collections just keeping piling up in the hundreds. Credit froze probably the day it happened and somehow this is still going on. Filed a police report but we’re going to file another one. They are using checks now somehow when she didn’t have checks. We have no idea how to make this stop, need help.

Answer: You might try posting this over at /r/PersonalFinance they might be able to provide information about the financial side rather than legal issues.


Title: My Wife's Job Is Now Expecting Her to do Parts of Her Job Without Being Paid

Question:
My wife works as a Behavioral Health Specialist. She is basically given a group of clients by her supervisor and sets her own schedule as to when she will them for in-home sessions throughout the week. She is expected to bill at least 20 hours a week, for time spent with clients. In addition to seeing clients, part of her job includes driving, making her schedule, planning activities, checking her email, etc.

Up until this point, she submitted a 40-hour time sheet every week. This included all of her job-related activities. Even if she worked over 40 hours, she was told that she was only to submit 40-hour time sheets.

Recently, my wife has been struggling to make her 20 hours of one-on-one time with clients each week, due to the fact that her amount of clients has decreased considerably due to closures, but she hasn't been given any more clients. The agency she works for has a long waiting list of potential clients, but my wife cannot open her own clients -- someone else has to do it for her.

Now, she received an email saying that she is only to put time actually spent with clients (20 hours/week) and her drive time on her timesheet, which should add up to 40 hours/week. (Obviously, it's completely unrealistic to expect her to have 20 hours/week in drive time alone.) If she does not have 20 hours per week of time spent with clients and 20 hours of drive time, she will not be paid her full 40 hours. They're saying that they'll only pay her for the hours that she puts on her time sheet.

They are essentially saying that she and her coworkers will no longer be paid for the time they spend making their schedules, planning activities, doing post-session documentation, and checking their emails (a daily requirement of her agency).

Is this legal?

TL;DR: Wife works as an in-home Behavioral Health Specialist. She previously filled out 40 hr/wk timesheets to get paid her full 40 hours but is now being told to only put time spent with clients and drive time on her weekly time sheet, and if it does not add up to 40 hours, she will not be paid for 40 hours. She's now basically expected to do all of her scheduling, planning, documentation, etc. for free.

Any help would be greatly appreciated! Thanks!

Answer: Assuming your wife is a W-2, hourly employee, this is not legal.


Title: Revoked Home Incarceration

Question:
London, KY (Laurel County)

Well, a bit of back story.  My wife was sentenced to 270 days home incarceration.  Monitoring fees are $80 weekly.  I lost my job two months ago and we fell behind on the monitoring fees.  I was able to pay $200 yesterday, but we are still a little bit behind.  Today I got the notice where they are filing to revoke due to being behind as well as not having a phone (we were out of service for one day).  They are asking for a 360 day sentence.  We have to go to court Tuesday.

I have a few questions.

- Is the judge likely to impose the 360 day sentence?  My wife would finish her 270 days on January 15th.

- Should he impose said sentence, would her 8 months served count toward the sentence?

- Would it be beneficial to pay the rest of the fees?  I would have to use the money reserved for the electric bill, and probably lose electric next week which would create violations anyway.

- There is no way we can afford an attorney.  My wife is babysitting for income and it is currently the only income we have until my job gives me my first paycheck Friday after next.  What should she say to the judge?

Answer:
 Go before the judge. Tell the truth. Have your electric bill money ready to hand over and make sure the court knows you will not be able to afford electricity. State that you want the punishment to fit the crime, do not want the state to bear the expense of incarceration, and that you are willing to do whatever is possible to rectify the situation.

Technically, you're in violation. Your goal is to appeal to the judge's compassion and lead them to a conclusion that the letter of the law has been violated, but not the spirit.

Credit is given for time served.


Title: Medical marijuana card and employment?

Question:
Hi there. My friend with Ehlers-Danlos is about to start a new job in Florida, and she is currently undergoing a background check. She has recently had major surgery on her spine and was prescribed a medical marijuana card to manage the pain, as allowed by Florida law.

She is concerned about her background check and whether or not she should disclose that her name is on the registry. I told her that because there is nothing illegal about being on the registry, I think she should not feel the need to disclose it for the sake of the background check. I did tell her to look into company policy, because there is a difference between being listed on the registry and actively using medical marijuana.

What I am unsure about is how an employer would treat her situation in the event of a drug test. If someone is using medical marijuana for a legitimate disability, are there any accommodations under ADA laws that may allow for that sort of thing? She starts with her job in a few days and has not yet agreed to a drug test or been made aware of one.

I want to make sure I am giving her good information, so any advice you have would be appreciated!

TL;DR - my friend has been prescribed medical marijuana for a legitimate disability and is wondering whether or not she should disclose it to her employer.

Answer:
 > If someone is using medical marijuana for a legitimate disability, are there any accommodations under ADA laws that may allow for that sort of thing?

Short answer: No, because marijuana is still illegal at the federal level and ADA is a federal law.

That being said, it really depends on the nature of the work she's doing. If it's something physical or involves operating heavy machinery, it is likely that they require employees to be drug free. She needs to find out what their policy is regarding drug testing before she actually starts the job.


Title: Obtaining custody of my 16yo sister [TX]

Question:
Hello,

Background: My three sisters [two half sisters from one a separate father, one full sister] and I lost our mother in 2004. My full sister and I went to our father, our two half sisters went to our grandmother (our mother's mother). My two half sisters are 16 and 17 currently. My grandmother has decided to move to the middle of nowhere I Oklahoma (she's retiring) which has forced my youngest sister (16yo) to take online classes for high school, completely killing her social life. The older one (17yo) is graduating this may and going into the military so no concerns for her right now. I recently bought a house in a very nice neighborhood with a great high school in the suburbs and would love for my sister to be able to finish high school there. She is a great teenager, crazy about learning and always pushing herself and I hate to see that potential wasted because of the the environment she's in.

My grandmother respects me and is thrilled that I offered to take in my sister now that I'm in a position to do so. My question is, since we're both on the same page and there's no hostility between us. Do I even need a lawyer? If so, what kind? I've never talked to a lawyer before. I'm not sure what questions I need to be asking though, or what even to expect so I feel like there's a lot I might not yet understand responsibility wise.

Thanks for the help in advance, and if I leave out any important information please ask and I'll provide.

Answer: You might want to go for legal guardianship, not adoption. That way you can sign her up for school, be responsible for medical decisions, etc.


Title: [U.K./England] My Stepmother plans on importing ‘Native American’ herbal teas, and selling them online. I am very concerned this could open her up to a world of hurt.

Question:
I have already posted this in the U.K. Legal advice sub, but I’m asking here too as involves US products.

Hi, and thanks in advance for any help and advice you can give me on this situation. I’m on mobile, so apologies for any formatting issues etc. I will try to stick with just the facts, rather than any of my personal opinions.

As per the title, my SM wishes to import herbal teas from the US. She has actually already bought a fair amount, but her plan is to create a website and sell them there. I offered to help in that department, but the more I saw, the more concerned I became.

- These teas are each claiming various medical benefits ie ‘prostate support’ and ‘supports a healthy heart’ etc. I can’t find any evidence that supports these claims, and the original seller carries a disclaimer that they haven’t been assessed by the FDA.

- SM is under the impression that because these are all natural products, that they are neither classed as medicinal or food, and therefore she does not need to obtain any kind of licence/permit etc in order to sell them. Also, that she doesn’t need the products *themselves* approved. Also worth noting, this is the first time this particular brand will be sold in the U.K.

- A huge part of the selling point of these teas, is the Native American ties. The entire brand is based around that, particularly each of the teas names, and there is very flowery descriptions involving ‘Creator’ and how he leads them to the right herbs. The owner also bills himself as Native American. There is also a disclaimer that >”(Company name) products are not represented to be ‘Indian Products’ as defined by law.”

- As per the Native American philosophy, the herbs used to create these products, are made >”with Wild-Crafted herbs….plants  that grow where Creator planted them. Occasionally we will use organic herbs if the wild-crafted herbs are not available.”

The last point is really my biggest concern.

If anyone has any knowledge or experience in this area it would be greatly appreciated. I care very much for this lady, and she is already feeling very unsupported on this. I would really love for her to be able to make a success of this, but I also *really* don’t want her to get into any trouble.

Help!

Answer: She needs to have a very firm and legally advised understanding of United Kingdom (and for the time being, EU) laws and regulations on the import, advertising, and sale of herbal supplements and teas.


Title: I was sent two iPads when I ordered one.

Question:
In Texas.

I ordered one iPad from Apple. Got two in the mail.

I contacted them and they asked for the serial number of one I was not keeping and I told them “xxxxxxxx is the serial number of the one I will return”. All over written chat.

Now I find out that I don’t actually have to return something sent to me by mistake in the U.S.

Could I just keep the second one at this point? Or did I eliminate hat option by saying I will return it?
Topic:
Consumer Law

Answer:
 > Now I find out that I don’t actually have to return something sent to me by mistake in the U.S.

This refers to *unordered items.* This prevents, say, me from shipping you *unsolicited* a bunch of expensive things and then demanding you pay for them. You didn't order them.

In this case, there was a shipping mistake, and sounds like Apple wants the other iPad back. They should cover the return shipping costs, since it's their mistake, and you'd be within your rights to insist on that.

Ethically... *of course* you need to return the extra iPad.Answer #2: Your offer or agreement to return the second iPad didn’t cost you the opportunity to keep it because you *never* had that option.  This was a mistake around an agreed transaction, not unsolicited merchandise.

Also, see Wheaton’s law.


Title: California Tattoo

Question: [deleted]

Answer: Well any business has the right to decline you survive. And Acne is not a protected class. It is more of a sanitary thing they are declining you, I dont give tattoos but if I had to deal with acne popping while I worked I wouldn't do it either.


Title: Middle School Principal has acetone put on my sisters hands to remove a henna tattoo

Question: So my sister and her friend got a henna tattoo kit from the store as something intriguing to do we all know how kids are. So first off the school old her if she didn’t remove them they would suspend her so my family tried everything and anything to get it off but couldn’t. Well as of yesterday my sister ended up in the er with chemical burns due to the fact the principal ordered the janitor to get acetone and a sponge and then forced my sister to use it to get the henna off. For one I cannot fathom how dumb people can be in this world. So my question stand can legal action be taken and if so what is the best way to go about it my parents have photos and already gone to the police with this. Sorry for bad grammar. We live in Nebraska btw

Answer:
 Teacher here: That principal just lost their job. Get a lawyer as told and follow his/her advice to the letter. At the very least they will try to settle. They don't want that going to court or getting out into the media. Sorry about your sister, I hope she heals fast.Answer #2: >I am not a lawyer, nor do I play one online. Please seek professional help.

If possible, get the name of the chemical and the brand that the principal used. At the very least get the Material Safety Data Sheet (MSDS or SDS) for that chemical along with the brand of henna used for the tattoo as to get that specific MSDS.

If nothing else the alphabet soup of government agencies (NIOSH - OSHA - EPA) will have write ups on volumes of chemicals, their MSDS’, and their exposure limits and reactions with other chemicals.

Should you be very concerned, hire an occupational health and safety lawyer. They would have these resources ready to inform you about chemical reactions or find an [industrial hygienist](https://www.aiha.org/about-ih/Pages/Find-an-Industrial-Hygienist.aspx).

Good luck!!

>I am not a lawyer, nor do I play one online. Please seek professional help.


Title: (KANSAS) My college just shut down and all the other students and I ARE NOT getting ANY college credit.

Question:
I recently attended Wright Career College in Overland Park Kansas. My school closed during the last week in a 15 week semester. On the Friday I was suppose to take classes. I walked up to the door and there was a sign posted about the school being closed. [Link Here](http://fox4kc.com/2016/04/15/wright-career-college-officially-closes-its-doors/) Yes i'm in the article :) So I would like to know is this even legal and what should I do about it.
In order to recover my credits National American University has accepted students and are offering them a bridge course to recover lost credits. I am doing this. But basically this school screwed us over. I paid for courses and credits, but got none in return. They filed for bankruptcy and closed the doors.
They cancelled my Instructors' health insurance with only a 48 hour notice. They fired all of the non essential staff with not notice and closed the doors with none either. I was in the nursing program and now i am not in school. I have to wait months to start back at any school, most likely NAU.
I feel like they stole my money and took advantage of me. It just doesn't seem right ethically or legally that they can do this. I paid for my courses with Financial Aid in case that is important. I worked my butt of this semester. WOULD have gotten all A's and had perfect attendance, but it doesn't matter because I got no credit. All of the student's transcripts were withheld and the Kansas Board of Regencies has just gotten a hold of them.
Any suggestions are appreciated. Thanks guys for taking the time to help me.

Answer: This is the concern when you go to colleges like this. Hell, I am pretty sure NAU's commericals say credits unlikely to transfer (not sure but I'd imagine Wright is the same). You might be better off going to a more legitimate school such has JCCC or KCKCC.


Title: [PA] Driving with a Prescription bottle of .5mg Ativan. Valid prescription. Illegal, correct?

Question:
I'm trying to wrap my head around this. I've been finally at the tail end of crushing my panic attacks and anxiety, and it's great! One thing I still keep in the house for it is my prescribed dose of Ativan (Lorazepam) .5mg.

If I'm traveling, be it car or plane, what's the deal with bringing it with me, should I need it? Obviously you can't just have a random pill on you - but can I keep the bottle with an attached valid prescription in my car? This seems way illegal, regardless.

This is Pennsylvania.

Answer:
 Are you asking if it is illegal to transport prescription pills in their original container?

How do you think you get them home from the pharmacy?Answer #2: There is not illegal about having your prescription medication with you.Answer #3: As long as it is in the original container from the pharmacy it is fine.  I think the portion of the law that you are confused by is the wording "original container."

In this case it is not the container from the manufacturer but the container the pharmacist puts your prescription in that is considered the "original container."  As long as your medication is in the container the pharmacist gave you then it is legal.  The pharmacy bottle shows that you have a valid prescription for it, since the label with all of the information is attached to the bottle.  You would land yourself in trouble if you had the pills in a vitamin bottle, loose, or any other container that wasn't provided by the pharmacist for your specific prescription.

Here is the law the pharmacist must follow:

"A pharmacist shall dispense a new prescription in a new and clean container or in the manufacturer’s original container. In refilling a prescription, the pharmacist may reuse the original container of that prescription if the container is clean and reuseable."

Note the "In refilling a prescription . . . may use the original container of that prescription," basically that means you bring back the empty bottle and the pharmacist deems that the bottle is acceptable for reuse then the pharmacist can reuse the "original container" for your prescription.

[https://www.pacode.com/secure/data/049/chapter27/s27.18.html](https://www.pacode.com/secure/data/049/chapter27/s27.18.html)


Title: customer bought $5k worth of merchandise with CC, disputes charges and bank sides with them.

Question:
Customer places a large order online, emails asking if they can pick up instead of paying to ship it. Picks up order, then places a second large order while in shop. Has his mother call and give me the CC info over the phone, it was the same card # as first order. 3 weeks later, charges get disputed as fraudulent. Card was processed both times via an online merchant, not our in house cc machine.

3-4 weeks after initial dispute, CC bank sides with their customer. Police say no "crime" was committed and this is just a civil matter. Which sort of confuses me because if you approve a purchase and then dispute the charge, is that not CC fraud against us? Did the customer not steal $5k worth of product from us?

Do we just go after them in small claims court? Which I understand, even if we win, they just give us a judgment against them but don't actually "force" them to pay?

Happened in California.

Answer: Sure, you go after them in small claims court. But do you know they were the actual customers, and that they weren't using a stolen card?


Title: [CA] Roommate moved out mid-Lease. Need advice.

Question:
I know there's many posts like this, but I have yet to find one that's exactly like my situation.

February 24 2017, I move into an apartment with my boyfriend & his two best friends out of much convincing. His two best friends happen to also be a couple. Let's call him Thing1 & let's call her Thing2.

Before moving in, Thing2 printed a paper with house rules on it. We all agreed that the house rules are fair and easy to follow. I am a person of structure, so following rules is no problem for me. As time went by, Thing 2 started to breach rules such as not cleaning up after yourself, informing roommates on when company was coming over, etc. When Thing2 has been confronted about not following the house rules in the past, she has been very hostile & would never own up to her actions, which caused much tension between everyone in the apartment.

Three months into living with my boyfriend and his two best friends, Thing1 & Thing2 end up fighting and breaking up. Later that night, Thing1 leaves and returns the next day to get his stuff & lets me & my boyfriend know that he was going to talk to the landlord to see how he can get off the lease (All four of us are on the lease together). A week goes by & Thing1 calls us and asks if he can come over to talk to us. He comes over with a "Roommate Release Form" he got from the landlord. If all three of us signed it, he would be free from the lease. We came to conclusion that he signed the lease therefore it's his responsibility to continue paying his portion of the bills. He decided that he would not be able to emotionally live in the apartment again, so he was going to live with his siblings and continue to pay rent until the lease is over.

Three more months go by and Thing2 meets a new guy & become significant others within two months. Let's call the new guy Thing3. During the first stages of them dating, Thing3 came over maybe twice a week and Thing2 let us know when he was coming over. As time went by, Thing3 started to come over everyday and Thing2 stopped letting us know. I figured that Thing3 was going to be here everyday so what was the point of letting us know every single time.. Well, Thing3 started to stay at the apartment when Thing2 wasn't there and Thing3 started to use the utilities & also showered here. This is when I confronted Thing2 via text and let her know that me and my boyfriend would like to talk to her and Thing3. She replied with "No thank you" which lead me to confronting her over text. I told her that if Thing3 is going to practically live here for free, he needs to pay for bills too. Thing 2 ended up claiming that whatever is in her room (Thing3) has nothing to do with me & my boyfriend. After this, there was heavy tension between everyone in the apartment.

Thing2 eventually let my boyfriend know that she and Thing3 were going to go leave out of state sometime around December for Thing3's job (He's from out of state and came to California for his job) which made me wonder if she was going to eventually come back, if she's going to continue paying her portion of rent, etc.

During the entirety of October and December, Thing2's things were slowly being packed up, luggage sitting in the living room, etc. Me & my bf still oblivious as to when Thing2 was going to eventually leave for her trip with the love of her life Thing3.

November 30th arrives & me & my boyfriend wake up to her room completely empty. Thing2 & Thing3 have left with no word. I had no chance to ask if she was planning on coming back and if she was going to continue to pay her bills since she's still on the lease. I immediately went to my landlord to inform her about everything that has happened. Luckily i'm on good terms with the landlord, so she was able to side with me.

A week goes by and I revisit my landlord to talk about some misc. things. She eventually pulled out an envelope, opened it and dumped the contents out onto her desk. They were Thing2's apartment keys she mailed back to the landlord. My landlord looks at me and says "This still doesn't take her off the lease", acknowledging Thing2's attempt to leave everything behind.

It is now January 1st 5 PM. Rent has been payed by me, my boyfriend, and even Thing1! The only other party who hasn't payed is you guessed it, Thing2. Rent has always been payed by her early in the day, except for this time around which is raising some red flags for me.

 Should I inform my landlord tomorrow that rent was not payed on her end? Are there any procedures I should take in case legal action needs to be taken? There's two months left of the lease & don't want to let things fall South even more than it already has.

Thank you

EDIT: She has also changed her number, so there is no way for me to contact her.

TL;DR: moved in with bf and his two bffs who are also a couple. One breaks up, leaves, continues to pay rent. Other leaves, possibly isn't planning on paying rent.

Answer: The rest of you need to pay the rent in full. Then, after the lease is up, you can sue any non-paying roommate(s) for their share that you paid on their behalf.


Title: Help! I just let someone extort money from me because I didn't know the law. Please help so this doesn't (hopefully never) happens again.

Question:
I was leaving a shopping complex and was pulling out onto a main road, looked both ways, and this person apparently started to cross the street riding their bike (J crossing, not at a crosswalk) after I already started pulling out. Literally threw their self in front of my car. I was scared, sorry, freaked out, but wasn't thinking at the moment. Person said if I gave $300 bucks, they wouldn't call the cops...so I did. She now knows where I live, and probably my license plate. I'm very scared, my mom and boyfriend said I should of let her call the cops. What would of happened if I did?

edit: this is in FL

Answer:
 If she had called the police, they would have filed a report and, depending on whether they felt you violated any traffic laws, maybe written you a ticket. And maybe written her a ticket. The woman, if she was injured, could have tried to recover against you for her medical bills and such. Your insurance would likely have paid for those damages on your behalf, and provided you with an attorney to defend against any hypothetical civil claim if necessary.

And that's about it. Sounds like you got scammed out of $300 pretty good.


Title: NYC condo unit must grant access to neighbor for repairs. What should we do?

Question:
Hi all.

We own a unit in a condo in New York City. Our next door neighbor has a problem with their shower and their repairman says they need to access our unit to make repairs. We let them in once and the repairman said they need to open up the wall, which we stopped them from doing. We received a letter from property management saying we must grant the repairman access to our unit by Monday according to their by-laws. We're concerned about possible damages to our bathroom if we let them in and they start breaking down walls. Who is responsible for the costs? What can we do to protect ourselves if we have a leak or something down the line? What are our legal rights?

Answer:
 Yes you have to let them in. It is part of living with shared walls.

Take pictures before they come in, while they are working, and when they leave. The other owner or the hoa are responsible for damage. Let your insurance know what is happening and your concerns.


Title: [OR] Planning a trip to Canada? Let's not be so hasty, eh?

Question: [deleted]

Answer: The thing is: this is entirely down to the individual border control officer you encounter. You could cross the border several times fine and then be rejected. In other words: make sure you have an option to get home.


Title: Locking in guests in a hotel in Italy?

Question: I'm staying at a hotel in Venice. I tried to leave the hotel and found the only entrance locked. The only employee came over and told me the hotel is "closed" from 12am to 5am. I assume this is illegal, but I wanted to be positive it's illegal in Italy before I complained. It seems like a severe fire hazard.

Answer: Is this a hotel or a hostel? I doubt that anyone here is an expert on Italian fire codes, but it sure doesn't seem legal (even having just one entrance/exit seems sketchy)


Title: Renting a house starting in August, have signed contract to rent it, House was purchased by a new rental company, what’s about to happen?

Question:
Alabama

We have already signed the lease for a house that was just purchased by a different rental company, what is about to happen? Does my lease contract become void? are they required to keep the lease agreement? If not do I get my security deposit back? Can they change anything in the contact? Can they charge us more?

I have reached out to the new company and they have not responded yet.

Thank you in advance

Answer: The new buyers must abide by the lease


Title: Kentucky/Georgia My niece's mother died in police custody

Question: My niece's mother died after police tazed her for resisting arrest last November. My niece for very complicated reasons was in hiding at the time. She is now out of hiding and 18 and wants to sue the police for excessive force/wrongful death. I agreed to help her find a lawyer and get the ball rolling. What I am trying to figure out is does she need a lawyer in the state of Kentucky (where her mother died) or Georgia (where she lives)? How long does she have to sue? It has been a year give or take a few days. And where should we begin?

Answer:
 Kentucky. Likely one year is within the statute of limitations.

Begin by hiring an attorney and getting all the documentation togetherAnswer #2: Your niece should talk to a local lawyer who can review the facts of the case.

That being said, you said yourself she was tazed for resisting arrest. Unless there was something way abnormal about the way the police handled the situation, this is probably going to be tough to pursue.


Title: WA State and OR - Employer entered withholding incorrectly and now taxes are owed

Question:
Asking for a co-worker of mine.  My colleague lives in Oregon and works in WA State.  When he started his job in 2018 he filled out his W4 and claimed 1 deduction.  When the payroll team entered it in the system they entered 10 in error.  This resulted in a $2500 tax bill for his 2018 taxes.  He requested a copy of his W4 and confirmed that it did say 1, so it was definitely an entry error on the part of the employer.

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The question is, who is responsible for the payroll taxes that were not withheld?  He talked to the director of HR (we don't have a real HR department) who said it was his fault for not checking his pay stub.  His position is that our employer is at fault since they entered it incorrectly.  I could have sworn that there was a law that said in this situation the employer is at fault and responsible for those payroll taxes, but I am, obviously, not a lawyer.

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He would like for them to pay the taxes owed, and isn't looking for anything extra (he probably would have had a refund if the correct amount was withheld, but isn't looking to profit off the situation, he just doesn't want to have to pay a huge tax bill).
Topic:
Tax Law

Answer:
 > The question is, who is responsible for the payroll taxes that were not withheld?

The taxpayer.


Title: Can I still be charged for something if somebody finds money and gives it to me and I give it back?

Question: [deleted]

Answer:
 At no point in that story did anyone commit a crime.

Consider seeking treatment for your anxiety.


Title: [NY/NJ] I was on a greyhound bus that hit a car. Because of the accident I had to find my own way home, which meant a $200 uber ride. Greyhound isn’t willing to reimburse me, is this worth pursuing?

Question:
The ticket was $15. Greyhound said they would refund the ticket but that’s it. I just wanted the money I spent to get home reimbursed. I contacted them and asked if there was a way for me to be reimbursed for the expense to get home and they said a hard NO.  I think this is incredibly unfair and they are being unnecessarily unreasonable.

I’m already expecting a big bill from the er since it was out of state (live in ny but was treated in nj b/c of the accident) and my insurance only pays 20% for out of state emergency. I’m honestly pissed  that the one expense I’m asking for they scoff at when I ONLY have these expense because of THEM.

Suggestions on how to proceed? I really just want to get my $200 back, cuz honestly that’s not a small amount of money when I was originally just planning to spend $15 on this trip.

Answer: What happened to everyone else on the bus? Were they just left on the side of the road?


Title: Copyright laws on ideas.

Question: OREGON. My friend had an idea for a story that he told me about. I really liked it and wrote a small book about it. He is demanding I pay him royalties If I make any money off the book even though he did no work and told me the idea in casual passing.

Answer:
 > Copyrights protect expression and patents protects inventions, and neither protect ideas. In both cases the idea is the first critical step, but without some identifiable embodiment of the idea there can be no intellectual property protection obtained and no exclusive rights will flow unto you.

* http://www.ipwatchdog.com/2014/02/15/protecting-ideas-can-ideas-be-protected-or-patented/id=48009/


Title: Multiple People Using Wife's SSN for W-2s

Question:
I read through many posts on this topic, but couldn't find the information I need. If you know of one, please link to it in the comments.

Multiple people are using my wife's SSN for their W-2s. Luckily no one has opened any credit in her name. We've put a freeze on her credit and are filing a police report. The police department essentially told us that there wasn't anything they could do to help us if they didn't open any credit - which seemed incorrect to me.

Question 1:
What can (or should) my local police station do?

Question 2:
If the local police really can't do anything, what are other options to clean up this issue?

Question 3:
If this doesn't get resolved, can the IRS come after us for the taxes owed on the money these people made?

Edit: Located in Michigan

Answer:
 1- nothing

2- freeze her SSN with the credit reporting agencies and report to the IRS

3- call them and report the problemAnswer #2: Not a lawyer, but I work in fraud.

This goes without saying, but double check her card and make sure this is actually her SSN.

It sounds like people are using her SSN and not her identity. I don’t know much about taxes, but I wouldn’t be overly worried that her SSN is being used.

A lot of people do not realize that your SSN is not the only thing that is used to pull credit. Your identity is built on your address, name, DOB, etc.

Obtaining a new SSN is really difficult and not necessary IMO.

Filing a police report is really all you can do. It can help you create a paper trail in case this comes back to haunt you later. You can say, we were notified of this on X date, we swore we did not know X. Etc.

I would put a freeze on your credit information as well. Spouses information can be linked.


Title: [IA][USA]Green card (me) Received "Challenge" from another resident in county.

Question: Hello and first of all thank you. I recently voted as a green card in a local election, but in the last week, I had received a challenge from a citizen about it, claiming that I had falsified my information on the Iowa Voter Registration. I thought that I don't have to be a citizen to vote in local elections. When I registered I presented both my IDs, from my county and US, my green card, as well as my passport and the guy let me through. And what will happen if the "challenge" is overruled? I am not very familiar with the legal system here and I am a little worried. Thank you and sorry for bad English

Answer:
 Voting requirements in Iowa:

* Be registered to vote in Iowa.

* **Be a US citizen**

* Be an Iowa resident

* Be 18 years by Election Day

* Not be a convicted felon, unless your voting rights have been restored

* Not be judged mentally incompetent to vote by a court

And it gets worse.  Registering to vote when you are not eligible is considered Election Misconduct in the first degree.   Election misconduct in the first degree is a class "D" felony.


Title: Do I have undercover officers after me?

Question:
I'll try and keep this short. I had family over today who are all potheads. We went outside in my backyard and smoked a joint together and about thirty minutes later I go to my room only to see two people outside my house. One of them was like four feet away from my window and the other one was across the street and the two were just talking. I didn't think anything of it but my family went outside to talk to them as they were stoned. The two guys said they were for a solar panel company but they were looking into peoples windows and houses. My family said they were in their job uniform but it looked like they also had another uniform underneath it. They gave my family a business card and I googled everything on it. I looked up the guys name on Whitepages and everything. I went on the companys website but here's where it gets weird. The company's website doesn't even offer services in my state. In fact their website don't even have a right address. It's some bakery listed on it. The address on their website is also different from the one on the business card. The business cards address is just some journalist big executive building. Most importantly the company isn't a real company. Their logo has a trademark symbol but all the trademark directories say it doesn't exist. Their website is lacking a lot too and I tried their refer a friend feature with a fake email and they didn't even send any email. So what's going on exactly? I have had a history of legal trouble but I just moved into this new house like two weeks ago. Should I be scared of all this?
Topic:
Drug Possession

Answer:
 > So what's going on exactly?

Weed makes you paranoid. Answer #2: It is more likely that they are scammers than undercover cops.

You seem a bit paranoid. Lay off the refer if you can't hang.Answer #3: Scammers or (judging by them peeping into houses) potential burglars. Or both. Company could be a shell for them to gain access to the house. (Note:this happened about two years ago in my city)


Title: Who is responsible for this kind of car collision?

Question:
This collision *did not* happen, but it very nearly did and I was wondering who was at fault here.

I was exiting a store onto a two lane road, so naturally I looked to my left to see if there  were any incoming cars. There were quite a few cars on the left lane of that road, but I saw that I could make the merge on the right lane since the incoming car was a fair distance away. Once I saw that I could make the merge - and I always do this - I stop looking to my left and make the merge onto the right lane.

However, during the time I was merging (after I had stopped looking), a car from the left lane changed onto the right lane, almost colliding with my car. I only managed to avoid the collision since I pretty much stepped on the gas when I merged on to the right lane.

So -- this brings me to the title, who is responsible for this kind of collision, if it happened?

E: I apologize if this is not the right sub -- it was the closest I could think of. Location is in the U.S., so consider right-handed driving.

Answer: Fault can be shared.  In general, though, if the other person began their lane change before you began your entry into the lane, you'd be at fault.  Traffic on the roadway has right-of-way over traffic entering the roadway.


Title: [UK] Grandma scammed out of £3000 cash.

Question:
My grandma was called up by some people that claimed they were the police, they told her the local bank branch had been hit by some fraudulent money. They asked her to take all of the money out of her account in cash, then read out every serial number on the notes in order to see if it was 'fake'. They told her that all of the notes were fraudulent, then visited her flat and asked her to hand the money over. She did.

We're not a very well-off family, so we can't afford to give our grandma the £3000. She's contacted the police and we're trying to find out if there's CCTV in the flat.

How can we get her money back?

Answer: This is the first time I have ever heard of such a scam.  You could try posting on r/scams to see if anyone there has ever heard of this.  You're best bet is the police, since you don't know who these people were, and it's unlikely that you could find them and sue them and serve them and recover from them.


Title: [NY] Grandfather passed away in July, safety deposit box solely under his name, key cannot be found

Question:
My grandfather passed away in July this year and in the months and weeks since, we've been trying to get everything in order in terms of his will and such. Apparently, a safety deposit box was made under my aunt's address by my grandfather, but his key is nowhere to be found. My grandfather has not appointed an executor for the box itself, his wife was not given access to the box itself, nor any other family members that we know of.

Yesterday, we approached the bank that the SDB was rented from and the bank manager stated that we would have to obtain a court order for them to allow us access to the SDB.

Main question is, what type of court would grant the court order, and/or what channels should we go through to get the bank to relinquish the contents of the SDB?

Answer: Go to probate court


Title: (N.C.) I'm a professional athlete (independent contractor) who won money in an 501c3 sports org who says I waited too long to claim my winnings, thus forfeiting them back to the sports organization...

Question:
While I am formally trained in law, this is not my space, and it seems very unique (at least to me).

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I am a member of a 501c3 sports organization.

This sports organization operates in a few dozen states along the eastern seaboard, among other states.

I am a member of a sports team (franchise) competing in the sports organization.

Most athletes in this organization, aside from actual staff positions or named executives, are independent contractors.

I won money in a tournament in said sports organization.

The sports organization validates the scores, winners, and winnings after each event

After not receiving the payout of said funds for several months--distributed centrally from the sports organizations head office--I inquired about payment through my team owner.

The Chief Financial Officer of the sports organization  determined that I have forfeited my winnings because I waited too long to claim my winnings.

I was just provided a document with a clause that says I forfeit all winnings that go unclaimed after 90 days, and that it was my responsibility to know about this (obscurely located) document as it isn't located on the sports organizations website.

(Why do I have to claim winnings that the sports organization already validated? This just seems weird as hell.)

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I am curious about any contract or employment law precedent that entertains the idea that an independent contractor forfeits his winnings, which are a product of worked performed for the sports organization, after some arbitrary timespan.

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I am not aware of signing any such contract that obligated me to these terms, and I am not sure these terms are even enforceable.

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Any guidance before I look into small claims court?

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Topic:
Employment Law

Answer: Did you actually sign any kind of contract?


Title: [SC] A friend's kids (7 and 10) take gymnastics. The 7 year old was doing a cartwheel before class and broke her arm.

Question:
She broke both bones in her forearm and had to go to the ER. The owner said "this is why we don't do cartwheels before class" but apparently it happens all the time and she never says anything.

There weren't any waivers signed. It is reasonable to ask for help with medical bills or is this just "tough luck?"

Answer:
 So, what were the parents doing while the kid was doing cartwheels?

If the kid was in the care of the gym, then they MIGHT be liable but I think then the question is, were they negligent somehow? If the kid is literally just practicing cartwheels at a gymnastics gym, isn't that an expected risk?

IMO it's a pretty shitty thing to do to go after the gym for this. You didn't sign the kid up for gymnastics so that they could sit in a protective bubble, hopefully... Answer #2: Was your friend present when this happened, or were the children being supervised by an employee of the gym?

IANAL, but honestly, it doesn't seem like the owner is responsible.Answer #3: You can always ask for their insurance info, but it doesn't look like they were negligent.


Title: Just took a fall, possible concussion middle of night no insurance don’t know what to do

Question:
I’m staying at someone’s house which is like a community living situation. I took a fall hit back of head and don’t remember stumbling to the outside bathroom and fell two more times.

Don’t remember parts of it but now I’m back I don’t have insurance so not going to hospital but worried. I was about to leave this property here tomorrow idk what if anything I sbhojld do right now

I have a big bump and cut on front of head.
Person with me
Tried calling property owner but not answering at 130am.
Terrified of medical bills don’t know what to do

Answer: Go to a doctor. The home owner is not automatically responsible just because it happened at a house he owns.Answer #2: You need to go to the hospital.  You can work out payment later.


Title: Do I [F/30] deserve half of my boyfriend's [M42] company?

Question:
We're in Alberta, Canada. To avoid a wall of text here is the situation as brief as I can make it, feel free to ask for more background, lord knows there’s complex history behind all of this. We have been dating for 3.5 years, we are talking about marriage and babies, with that plan in mind, I recently bought us a house. He is recently out of bankruptcy, has no credit, and will have no credit for at least 3 or so years. His previous corporation collapsed after not filing taxes (hence bankruptcy), but he would like to start a new corp as a fresh start. I agree that a new corp, run well, is the right thing to do.

Our accountant has advised us that it would make sense in terms of income splitting for me to own a portion of this corporation and to be paid for my book keeping/office manager services with dividends. Additionally, we would like to use my line of credit to buy more equipment for the business. Without using actual numbers, my credit would be worth about 1/3 of his business income in a good year and about ¾ of the income of a bad year- it’s not small potatoes. He also has equipment that is owned by his parents company (therefore was not subject to bankruptcy) that he hopes his parents will give him when he starts this corp up.

I would like the entire corp, minus the value of the equipment he’s bringing from his parents, to be split 50/50 and to be seen as marital property (along with my house and pension). In the event of a divorce everything would be put in the same pile, the value would be split in half, and we could each go our separate ways with our fair share. In order to set this up without paying for an additional prenup, we can put it in the articles of incorporation: I would like the corp to be 50/50 at the outset. I would get half the votes, half the shares, and would be a director. Am I completely out to lunch with this evaluation of the situation? I’m really trying to see his side of all of this, so I came to you guys. Help?

Answer:
 Stop talking to us. Go hire an attorney. This is far too complicated of a situation to be left up to morons on the internet. Answer #2: I'd avoid this whole thing if it were me. The fact that he previously had a business that went bankrupt tends to imply that he's bad at business. People don't just forget that they have to pay taxes, they stop paying them because they don't have the money to.

If you want the whole thing to be treated as marital property, get married and then form the business.

Realistically, you need to hire your own attorney, outside of whomever your BF is using and have them advise you. Answer #3: Yeah, this is more about what a line of credit is worth to a recently bankrupt individual (hint: a lot) and about what the company's valuation will be. This is an investing question more than a legal question.