Title: Employer Acused Me of Theft In the State of Georgia - looking for my options

Question:
Hi I'm new to positing so bear with me please.

I'm a 19 year old boy facing a minimum of a year's worth in jail for grand theft in Georgia for something I learned (or thought I learned) early on in my servering career. (keep in mind that this is my first ever serving job, I am used to being BOH) Early on I learned to use a button labled "check" in our POS in order for what I thought was used for exact change because it just equaled out and paid. So I continued to do for the latter approximate 3 months of my career at this restaurant. And I always made about the same as everyone else, sometimes even much less so it didn't occur to me that it could be doing harm due to the managerial staff who are accountable for checking us out every single night, working full time they had to see my checkout usually five days a week and not one of them mentioned a thing to me. (until last night) My CEO confronted me with the knowledge he had received from one of the manager that had caught this. the next day I clocked in for my shift like nothing had happened because I had planned to talk about it with my GM after the shift. My CEO comes in to the restaurant to talk to me. He berates me calling me a liar and a thief, telling me he makes 10x more money than me, I admitted that I was at fault and I would be more than willing to pay them back and take the loss.He also told me he had already contacted the local police department and told them about it. He then told me I'm facing grand theft and a minimum year in jail if I don't pay them the sum of approximately $800 by Wednesday the 10th it is currently the 8th. In which I agreed to pay in order for this to go away. I paid him the sum of $200 right away in order to as a gesture to prove I hadn't done this on purpose. Which they took and documented toward my total which now floats around $572 or so. I have the means to get the money, and worst case very able and willing to pay and part ways. But is there anyway I can guarantee that I can't get charged or worse for this. And what is my best case scenario if there is one?

Thank you so much for reading this and helping

Answer: What does the “check” button do? What are they accusing you of doing, exactly?


Title: Illegal repo night before Thanksgiving and denied ability to press complaint with police.

Question:
11/23 Beverly Massachusetts  (night before Thanksgiving)

Last payment to ALLY: 10/24. Zero correspondence ever received stating any problem with account.
Car is nearly paid off with no issues. -Again, they have three points of contact with us: address, phone and email. NO warning of any issue was ever received from them.

Repo-guy nearly killed me, (dashed the car out of confined driveway with driver side doors open, and me against the house on that side) -He tore up my Hydragnea, and ripped down the street.

Police would not let me file a complaint. They told me to come down and then ADAMANTLY alleged it happened hours ago. They told me to come down to file complaint and then denied any right to do so. They escorted me out of building.

I have names. Times.

Why would police not let me file a complaint?
How does such an erroneous Repo ever happen?
Who do I contact? AG? Local gov? Papers?

Does it not seem weird that they repoed my car, illegally, the night before Thanksgiving?
Ally is giving me no answers until friday. Nothing. Advice welcome. Referrals more so.

FRI UPDATE: Ally unable to answer questions. Keeps saying they no information, must wait until Monday now they say.   Payment was due on 27th- that is 2 days from now.. They say I have to pay $500 and towing fees. The $500 is for the payment due 2 days from now, which they say I must pay to have car released.

  I am still locked out of my account.   They have no explanation why I received no notice(s).  Looking at my yearly bank account I see I was paying in full, but USUALLY over every month or two. I generally overpaid loan. Last year at this time, i had significantly overpaid and only paid $200 the next month.  Agin, laissez faire paying on my part, but nobody ever complained. (this is hardly my biggest bill every month).

Had to western Union for payment. Will be suing ever fucking shit out of these people. Complete travesty of law imo.

 MA law clearly states at least THREE notices.. Plus he took it from private driveway  - nearly hitting me ripping out of my driveway sounds like a 'breach of peace' for sure. https://massachusettsbankruptcy.blogspot.com/2010/12/repossession-and-trespass.html

Reaching out to 4 Lawyers in Boston. Will Continue updates.

Answer:
 Sometimes the general tone of a person's post gives you ideas about them as a person. Now, mind you, I have no idea why your vehicle was repossessed. Were I you, however, knowing I'm paid up in full, I'd assume there was simply an error on their end or that the tow company mixed up what vehicle they were supposed to tow. I'd assume that the police wouldn't let me file a report because this isn't a criminal matter. I'd think they came to that conclusion based off what I've stated above, though if I was hot and bothered enough I certainly would have asked the officer with whom I was discussing the matter why I was not being allowed to file a report. I suspect they would answer the question. Are you telling me that you, being of sound mind and body, asked the officer "well shucks, why can't I file a report?" and he was like, "that's confidential." Or something? You sound like the kind of person who thinks the world is out to get you as opposed to the much more likely "shiza happens" conclusion. Please update when you get things figured out. Happy Thanksgiving!

 Edit grammarAnswer #2: Talk to the financier about why the car was repossessed. No one here can help you without knowing why it occurred. Once you find out why you can speak to a consumer lawyer to see what your options are.


Title: [Florida] detective called and wants an interview

Question: My brother got involved in some crap basically he is being accused of rape by this grown ass crazy chick. I'm trying to help him but my knowledge is limited. Detective wants to talk and my brother can't really afford a lawyer. All they got as far as we know it's her statement no witnesses, if he was to go there alone how could he prepare himself and what should he expect.

Answer: He doesn't go. The detective wanted him to get him to incriminate himself. There is zero reason for him to go.


Title: Cousin's and aunt facing criminal charges as a result of car accident [NE]

Question: [deleted]

Answer: They all need a criminal defense attorney. If they cannot afford one they will need to request a public defender.


Title: I work at a university and asked a student on a date. She filed a Title IX report. I am now under investigation

Question: [deleted]

Answer:
 "All I did was"....

Sounds like you've done this before, and this was the first time you've been caught or investigated. LPT: do not cross boundaries within a university when you are in a position of power, especially helping students seek academic advice. It's very inappropriate , I'm sure you will be terminated. Hopefully this won't turn into a bigger issue for you. Still, you think you did nothing wrong.


Title: Spouse gave away land before death w/o consent. (NY)

Question: My parents were happily married over 40years, shared all thier assets, no separation/divorce, etc.  Dad got sick and shortly before he died he put a friend on the deed of my parent's hunting property (against mom's will) for free with a verbal agreement that he would pay over time, essentially making them joint owners of the land.  This was a major investment for my parents retirement, and now mom is stuck with a joint owner.  I think the deed was in dad's name.  Can a spouse just give away stuff - what should she do?

Answer:
 >  what should she do?

Contact an attorney that does probate and real estate and have them look at how the deed was executed. Answer #2: Well the verbal agreement is probably not enforceable due to the statute of frauds.

How was the land held? Did your parents own it as tenants by the entirety? If so, both spouses need to consent to any transfer. Many states presume that spouses who own land hold it as tenants by the entirety unless the deed specifically says otherwise. Answer #3: Entirely depends on how the property was deeded and aquired.Answer #4: The deed is probably recorded with the town/county registry of deeds. Not sure how NY does it. Find out how the last properly executed Deed was recorded. That's who legally owns the property.

If your mom wasn't listed on the Deed as an owner, your dad could absolutely have deeded from himself individually it to himself and his friend as joint owners. If your mom was listed as an owner on the deed, he couldn't have deeded it out to anyone without her signature.

The verbal agreement is more than likely mute. If the estate hasn't been probated, will need to be probated to transfer property to your mom as surviving spouse (unless he had a will that divided property differently).

tl;dr: you need a real estate attorney


Title: A family member got a divorce from start to finish for about 250 bucks how do I get the same?

Question: I looked around online and saw some divorce forms and all for a couple hundred bucks but I don't know if it'll be recognized by the law in my state so is there a guaranteed route I can use or what do I need to do? I live in Virginia, USA.

Answer:
 I see signs and stuff up for those all the time around my town, it has to be an un-contested divorce, no kids. Basically you have to agree on everything.

Even my divorce with kids was only $500 because we agreed on everything.


Title: Roommate got caught selling drugs out of our apartment while I was out of the country and never told me

Question:
At the beginning of the semester I was out of the country and police officers raided my apartment and in my roommates room they found large quantities of weed and in the kitchen they found cocaine. At the beginning of November the department of justice sent both of us letters and I have no idea what they said. Eventually because I didn’t pick mine up due to being out of the country and my roommate not telling me about it, the post office sent it back to the department of justice.

I am just now finding out about all of this. I’m afraid that I’ve missed an important court date or something. How fucked am I and what can I do to find out what was on the letter? Please help, I’m panicking.

Edit: I live in Iowa
Topic:
Drug Possession

Answer: You should contact a criminal defense attorney to make sure this goes well for you. Under no circumstances should you use the same attorney as your roommate. You shouldn't even talk to their attorney. They work for your roommate's benefit, not yours. Your roommate has already shown that they don't care about your well being by hiding this from you for so long. Them trying to get a better outcome at your expense somehow is not a possibility to ignore.


Title: Is playing Russian Roulette legal?

Question: If no, why exactly?

Answer: At least in the United States, a number of people have been convicted of murder or manslaughter on account of their participation in a game of Russian Roulette where another participant died.


Title: Friend trying to make me pay for his phone

Question:
I'm not totally sure if this is the right place to ask this, please tell me if it isn't.

So yesterday my class was done and I was walking down the stairs as a friend of mine was running down the stairs, trying to shove me aside to get through, kinda as a joke I reached out and blocked him with my arm so he couldn't run further. He hit my arm and then next moment his phone was falling down the stone stairs shattering the screen.
Yesterday he brought his phone to a repair shop (without me getting the ability to say anything about the repair), yet he still is telling me I'm going to have to pay.

There weren't any clear witnesses and he probably has another story.

I'm only 15 so I barely have a budget to pay and I would prefer to keep it away from my parents as they don't have a lot of money to spend and we just had an expensive weekend (a Dutch holiday and my mom's birthday), so I would feel guilty for letting them pay.

Can he force me to pay for his phone? Would I have any kind of insurance for that? And am I even responsible in the first place?
Topic:
Non-US

Answer: He can't force you to do anything. He could take you to small claims, but I highly doubt he'd win. Answer #2: Tell this guy not to run around with his phone out. You did nothing wrong and aren't responsible for his phone.Answer #3: Ask your parents if they have a “aansprakelijkheidsverzekering” (not sure of the translation in English).


Title: X-post from offmychest. Might have killed a man last night

Question:
Long story.
Last night it was pouring down rain and I had just made it back to work after leaving the bar. Sounds weird I know, but I work with my roommate and was going back to catch a ride home as I don't have a car. I'd had a couple drinks but wasn't drunk at all. I got back to work around 2 am. and my roomie went to go grab some stuff from a friend but came back immediately telling me there was a car in the ditch and the people were not moving. So we drove down the road and pulled up next to the car, got out and knocked on the doors. the people woke up, guy driving, girl in the passenger seat. She immediately started yelling at him about crashing her car and they argued for a bit, both obviously intoxicated. After telling her that we'd call 911 they both started freaking out and asked us to help them get the car out. No way it was happening, car was practically vertical and the ground was soaked as it was still pouring out. I got annoyed with their arguing and ran under a nearby overpass to get out of the rain, yelling at my buddy to do the same. when he was walking over I looked at the couple and saw the guy raise his arm up, now by the passenger door, and strike the woman several times. I ran up to him and grabbed him, spinning him around and punched him a couple times in the face. He went limp and I told the girl to come with us. He started to get back up and was grabbing at her legs and mine, pulling me down. I scrambled to my feet and kicked him in the face to get him off me. This split his face open from jaw to ear. Buddy ran to his car to get his phone and the guy got up and actually started trying to square up to me. He swung and I caught him with a few more punches, knocking him down and seemingly out again. I kept trying to get the woman to come back to the safety of our business as there is a bar next door with people still milling about, but she was panicked and still intoxicated. After a minute or so, the guy gets up and I told him we would call an ambulance for him but he had to chill out. He said okay and followed is back to the business on foot. they kept screaming at each other and eventually he grabbed for her again, so I hit him again. He dropped to the ground, yet again, and I called 911 immediately. While I was on the phone with them, the guy got up again and started running away. It's important to note that I am a pretty little dude and he had quite and bit of weight on me so I didn't really see it as that odd that he kept getting up as I'm not very strong. I tossed the phone to my buddy and took off after the guy, determined not to let him get away with what he did. I tackled him down and put him in a rear naked choke until my buddy got there and was able to pin him to the ground while I finished talking to the 911 operator. The cops and ems came and checked him out, handcuffed him, and took him to jail.
This morning I woke up and my hand was throbbed so I went to the hospital the next town over where my mom lives. I was coming out of the x-ray room when my phone rang with my boss calling me to let me know the guys uncle had called to say that he was in emergency surgery with a broken jaw and a bleeding brain. The guy might not make it from what he said, so I've been sitting here for the last few hours just driving myself insane. Yes, I feel like I did the right thing in intervening, but I feel like complete shit. I am not a violent person by any means and have never wanted to hurt anyone in my life, let alone kill someone. I'd give anything in the world just to make it so the guy is okay and just learns his lesson, but I can't. As awful and disgusting as I feel, it's nothing compared to thinking of some stranger's poor mother losing her child due to a mistake, no matter how egregious it might have been. I just have no idea what to do.

Answer: You need to hire a lawyer immediately. Like now.


Title: Is there any legal way to stop a prisoner from sending mail to you?

Question:
My long term ex (whom has been in jail for 2 years awaiting trial for molesting my daughter.. Not going to sugarcoat it here) keeps sending me letters.. At first he would call after his arrest and cry to me about what he had done.. And then the calls became agressive.. Over the course of the last year I have recieved about 20 very agressively worded letters... Ranging from begging.. To LEGAL papers about depositions that he had gotten from my ex-mother in law.. To try and dissuade me and her to drop the charges. (I have nothing to do with the charges. My daughters grandmother was the one that was told and is the one pressing charges.. Along with her police force husband.)

Recently, His father unfortunately had a stroke.. Which prompted him to send about three letters within the span of a week threatening and guilting me. His demands range that I 'drop the charges and stop this madness' so he can be with his father. As much as I love his father I do not feel remotely sorry for his son. He did the crime now he can do the time. For now, I was able to stop him from calling my house by calling the jail directly and telling him that I did not want him being able to call the house. But, When I asked if they could stop him from sending letters there was simply nothing he could do.

As the trial date comes closer and closer, even though we have enough evidence to bury him with two life sentences, I am tired of the letters and want to know if there is any legal action I could persue to FORCE him to stop writing me. Right now, I do not wish him having contact with me or his son. He is looking at two mandatory life sentences and quite honestly? After the trial when he is in prison? I do not want to see/hear/acknowledge that he exists any longer... Does anyone have any idea how I can put an end to the harrassing/guilting/in-appropriate letters?

Location: is Central FL but it happened in Treasurecoast FL

Answer:
 OP, don't miss this from /u/AMightyWeasel to another commenter suggesting you Return to Sender the letters:

Florida lawyer here: this is a bad idea. One of the other commenters who suggested that this could be witness tampering is correct. If you send the letters back, then you're relinquishing the evidence. Make copies, and give all originals to the prosecutor on the case. He/she will be able to evaluate the letters and determine if there's enough for tampering charges. At the very least, they could be useful at trial to show his consciousness of guilt if he's begging or trying to coerce you.


Title: Deported from Canada and separated from my husband because of a clerical error. Can I Sue?

Question:
this is going to be a long text and I'm sorry in advance for any grammar.

TL;DR -  Immigration consultant didn't file paperwork until a month after I left their office by which time it was too late, and they didn't tell me they received paperwork saying I had to leave because of their error. As a result I got deported and now am on the other side of the world from my husband, dogs, business and home and im stuck couch surfing.

----------
Background:

I am an australian citizen and have lived in Canada since 2010 with my boyfriend. He is a canadian citizen.
I arrived in May of 2010 in Canada on a 2 year work visa, and left and renewed it in 2014 with it set to expire in August of 201, by this time my (now husband and I were engaged)

I submitted a spousal sponsorship application in June on the advice from Canadian officials that it would extend my stay in Canada while processing, my aim is to become a permanent resident of Canada.

In August (7 weeks after submitting the forms) I had still not heard back from immigration and my visa had almost expired.
I called the inquiry number on  my visa and asked what to do. They said that I should apply to extend my visa in the interim and sent me a link to a form to fill out and submit. I filled out the extension and submitted it that day.

In October I received my immigration forms from June back, and they had been stamped as received on the 27th of June or July, but had a letter attached stating that I had failed to include one set of forms that they just created last week.
I immediately printed off the new documents, and re-submitted the entire package. This was now early October.

On the 9th of October I received a letter stating that my request to extend my visa had been denied as I had not "included proof that I possess travel documents(a passport which yes I had provided proof of) and I could re-apply or choose to leave the country within 3 months

-------------
It was at this point we sought out the aide of an immigration consultant:

We first met with The consultant in late October, and they offered to try and "extend my stay" They filed all the paperwork for me, and assured me that it would take approximately 1 month to hear back from the visa department.

I never heard back from the consultants, I called several times and eventually lost my patience. In June I went into their office in person and demanded to know why I haven't heard ANYTHING. The business owner simply said he didn't know, and maybe i should check with my local member

I went and spoke to our local member of parliaments office, the girl there took my UCi number from my visa and found my immigration documents immediately. She said they had been received and I was fine to travel but traveling as long as I keep my documents with me.

She advised me that the reason I had not received an answer back on my visa extension is that the consultant had not posted it until December 13th. And it had not been received until several days past that.
So they had applied for me to extend my visa after I had overstayed my 3 month period, even though I had been in their office several weeks earlier.

I made my fiancée drive around to the consultants office and video recorded the entire conversation that ensued, in which the immigration consultant agency's owner eventually realized they had taken too long to post it and that had caused it to be denied and they refunded my money in full.
I still have this recording.

In August I went to visit my friends in the USA with all my documents as per the advice of the member of parliament.
Upon my return I was detained a that border and they demanded why I had not left canada when I received a "order to leave" letter on the 27th if March 2015  (several months BEFORE I had been to the consultant and gotten my money back)
They showed me a copy of the letter demanding that I leave the country that had been sent via registered mail to the address of the consultants that had filed my paperwork.
I had never seen this in my life, and the time stamped video where I am getting my money back they make no mention of it.

I was given 10 days to leave the country, and was not allowed to leave the border security office until I had booked and paid for my own ticket back to Australia. I was not allowed to chose which country I went too, and I was not allowed to withdraw my entry and go back to the USA.

----------
The aftermath:
My fiancée and I decided to axe our actual wedding plans for a slap dash last minute wedding in the hopes that it would help our case (it has not)
And now he is stuck in Canada with our business which is suffering immensely, and looking after our two dogs by himself.
And I am here I. Australia, having to start life over again for scratch, and couch surfing.
I have tried to reach out to the canadian consulate and embassy however to an email explaining this whole ordeal I received a cut and paste "dear sir/medam plead find the attached links on how to apply for a visa" which after being deported, I will be ineligible for.

I don't know what to do. If I can't go back we are going to have to sell the business, but without me being here for the past 4 months it's reputation has been incredibly damaged.
If he moves over here I have to ship our dogs over which will cost close to 7k each.
I had paid for flights for my parents to come visit me in Canada which obviously they didn't do because I wasn't there so I lost all that money as airline tickets are frickin always non refundable.

I just don't know what to do. Can I sue? Can I sue if I'm not in the same country? Do I sue the immigration consultants? Or Canada immigration for not recognizing the status of my immigration documents?

This whole ordeal had cost me thousands of dollars, and lost me tens of thousands so I don't have a lot left to pay hefty lawyers fees. If I did sue what would be my chances of winning? And what specifically would I sue for?

Topic:
Immigration

Answer:
 TL;DR:
>Canada:  OP used consultant to apply for Visa extension (visa application via Canadian spouse).  Consultant fucked up and didn't send in timely extension.  Consultant also got a "leave the country" notice, which they never provided to OP.

>When OP subsequently visited the US, on return she was immediately repatriated to her home country (Australia).  She's pissed.

I do believe you have a claim against that consultant, for at least the cost of dealing with this mess.

That said, I highly recommend that you talk to competent immigration counsel soon.  Because you'll need that to sort out this mess.


Title: Someone I know broke someone's jaw, I don't wanna snitch. Am I in trouble?

Question:
Location: [NYC]
Let me get the timeline of events down first. Short version, friend (not close) of mine came to a party I was at, broke someones jaw, victims parents and roommates are coming to me to give them his last name, I dont wanna give it to them.

This is the order of events which occurred (all parties over 18):
-friend (old coworker at a place i left months ago) calls me, asks me whats going on tonight. i reply with the address of a party i'm heading to.
-this address I told him was actually given to him from another friend of mine (not present at the time) before i gave the address to him.
-partying and chilling, im on the couch, friend tells me that the guy i invited is having problems with someone, i get up, see people tussling in the hallway.
-see Victim shoving/tussling with the guy, my guy ends up throwing a punch that sends victim to floor, he exits the party and runs off. Calls me and says "sorry i dont want people to thin you bring trouble to your parties" i tell him its cool, dont worry.
-find out he broke the kids jaw and he needs surgery. fuck. everyone is asking me for his info but i dont want to give it up, im not a snitch. they know his first name and thats it. i had no idea what happened leading up to the fight, the words exchanged, i was minding my business when a fight basically broke out and he threw the punch.
-Victims roommate telling me that once police ask him who threw the punch, hes gonna point fingers at me and tell them i know.
-i used to work in the same agency as the guy who threw the punch, that much people know, but i dont work with him anymore. i left months ago and dont knwo where he is. from my perspective its, i wasnt involved in the altercation, they should conduct their witch hunt themselves and not bring me into it.

In the end, what should i do? I am not snitching, but I am sick of people involving me and asking me for answers, like I was the guys guardian (the one who threw the punch). I dont wanna be a part of this issue, how much protection do i have? Are police gonna show up and look through my phone?

Answer:
 Sorry, kiddo. If they decide to call you as a witness, you have to go to court and give your testimony. That's one of the major parts of a trial, the eyewitnesses. You don't have to volunteer to come forward, but if you get a subpoena, you have to go.

On the bright side, if you are ever falsely accused and there is an eyewitness, that person can also be subpoenaed to testify in your favor. It goes both ways. Do your duty and be honest.Answer #2: Unless you're willing to go to jail for contempt of court, they can compel you to testify. Whether they will or not is a separate matter.Answer #3: Imagine something really bad happened to you or someone you loved...people saw it but nobody wanted to "snitch" :/

Maybe you can do it anonymously? Some police departments have anonymous tips lines.

Answer #4: If you're subpoenaed, tell the truth. If you never end up in court, don't worry about it.


Title: I've been 'pre'-laid off from a large company. Just a couple questions.

Question:
On Thursday, I was called by my District Manager on my cell phone and was informed that I was being laid off. In order to continued getting paid through October and benefits through November, I have to work to a certain date that has yet to be given to me. (I haven't gone into work yet so perhaps it will be in an email at work. I'll update if needed.) Now for my questions I suppose.

&#x200B;

1) How is a company legally able to lay me off but also tell me to keep working to an unspecified date if I want a severance package? It seems very .... use-y and abuse-y?

&#x200B;

2) What is a severance package? I think I understand it. Is it essentially the above thing? Get pay and benefits through certain dates?

&#x200B;

3) My boss said to keep an eye out for a the severance package e-mail. Is there anything I should be looking out for in said e-mail? Sketchy terms or conditions that companies try to sneak by with, etc.?

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4) Are lay-offs something that can be fought? Like if I bring a good argument forward as to why I should not have been laid off, can it be cancelled? At this point I'm not sure if I would want to work for the company anymore, but I'm just curious.

&#x200B;

TIA!!
Topic:
Employment Law

Answer:
 >How is a company legally able to lay me off but also tell me to keep working to an unspecified date if I want a severance package? It seems very .... use-y and abuse-y?

Because you aren't entitled to a severance package. They are giving you one in exchange for you working to that unspecified date. If you don't want the package, don't show up for work.

>What is a severance package? I think I understand it. Is it essentially the above thing? Get pay and benefits through certain dates?

It's additional pay on top of what you normally receive.

>My boss said to keep an eye out for a the severance package e-mail. Is there anything I should be looking out for in said e-mail? Sketchy terms or conditions that companies try to sneak by with, etc.?

No. This isn't really a negotiation. It's a take it or leave it deal.

>Are lay-offs something that can be fought? Like if I bring a good argument forward as to why I should not have been laid off, can it be cancelled? At this point I'm not sure if I would want to work for the company anymore, but I'm just curious.

No. You can't force a company to keep you employed. Answer #2: The WARN Act specifically requires employers with 100+ employees to give 60 calendar days notice of large scale (50 people) layoffs. So advance notice is occasionally required.


Title: [CA, United States] Not asking for advice, just a clarification.

Question: [deleted]

Answer:
 Yes the couple could send a DMCA notice or whatever other equivalents.

You needn't cite the Berne Convention though.

You'd want to make sure that the TOS for Redtube didn't divest you of these rights though.


Title: What constitutes harassment? NY

Question:
Asking for a friend. He was having an issue with a neighbor parking in front of a fire hydrant. Asked the neighbor not to park there and he continued to park there. Got the police involved.  Neighbors obviously know my friend squealed.

Now they are retaliating. Repeatedly revving motorcycles, someone is calling in blight complaints over the lawn, laying on their horns, etc. At what point is this considered harassment?

Answer: You should look at the elements of [menacing](http://law.justia.com/codes/new-york/2015/pen/part-3/title-h/article-120/120.15/) and [stalking](http://law.justia.com/codes/new-york/2015/pen/part-3/title-h/article-120/120.45/).


Title: My previous landlord claims I stole a carpet and wants to file a police report if I don't return it. I don't have or own a carpet. What can I expect if he files?

Question: For a little more detail: I moved out of my previous apartment this past Sunday. My landlord did a short walk through after I cleaned the space out and we parted amicably. Today, I receive a text from him saying that he has a friend near the property that saw me "take a rolled up, white carpet and strap it to the roof of a white SUV before leaving"and if I do not return it today he is going to file a police report. I drive a bright red jeep and my move was accompanied by my girlfriend who drives a green van. A police report over an old carpet seems a little insane to me, but that aside... If this guy files a police report.. what events should I be prepared for?

Answer:
 Very little. The police are likely to tell your landlord - correctly, as it happens - that this is a civil issue, and that he'll have to take you to court himself.

If the police do want to talk to you about it, it's a bit of a judgement call as to whether to engage. Standing advice on this sub is not to speak to the police without an attorney if you have reason to believe they view you as a suspect, and for good reason, but there are times where calmly explaining that you have no idea why your landlord thought they saw you in some other car taking a carpet you don't have can solve the problem quickly.


Title: [Texas] Fake ID confiscated - permanent record?

Question:
Posting on behalf of my friend in Austin, Texas who knows I Reddit. She's dual citizenship British/American and normally lived in the UK but is studying abroad.

She's 20 and had her fake I.D. (a fake British driving license) confiscated and got a court date for it in Austin. What might the consequences be for this? Will this end up on her permanent record or affect her coming back to the US?

Is there anything she can do to minimise negative consequences from this? Thanks in advance for any quick advice.

Answer:
 She is an adult now and no longer in high school... there is no such thing as a "permanent record". There is a criminal record, and *yes*, it is often permanent.

She could be found guilty of a class C misdemeanor (a criminal charge) and have to pay up to $500 if the fake had just a fake birthday. It gets bumped up to a class A misdemeanor if it had a fake name on it too, with a potential 180 days in jail and/or $2500 fine. More importantly, a criminal record could affect her ability to get financial aid. She needs an attorney.


Title: I bought a used car from a private sale. The transmission went out on me before I even got the car home. Can I take the seller to court?

Question:
I bought a used 2002 Honda Civic from a man about 45 minutes away from me. We test drove the car on a Saturday, it drove great.
We bought the car on Monday. The man who sold me the car was the not the owner of the title. Another gentleman showed up with the title and told me that it was his exes car. I signed the title, but didn’t have it notarized at the time of sale.
Halfway home, the transmission stopped working and I was stranded on the side of the road.
I had it towed to my parents house and messaged the man I bought the car from. He said he felt awful and would come out Tuesday and Wednesday and fix the car. I have a young child and asked if I could just get my money back, as I didn’t see this vehicle being reliable enough for us. He said, “If I cannot fix the car, then yes to your question.” (I have all of this in screenshots)
I messaged him Tuesday and asked when he was coming to fix it and he said “after traffic dies down”
He never showed up.
Later in the week, I messaged him and asked if he was still going to fix it, and he said it would be Saturday.
I messaged him Saturday and asked what time he would come out to fix the car, and he said after 4.
I waited and waited and sent him a message asking him if he was on his way and he ignored all of my messages.
It’s now been a week and one day since we test drove the car and I’m trying to figure out if I could take this to small claims court.
I still have not put the title in my name since I thought maybe he would give me my money back, then I could just hand the title back to him.
What should I do? Fix the transmission myself? Or take it to small claims?

Answer: Was the car bought “as is”? Because if so it’s not his problem anymore. You need to do more research before buying a car. You got scammed, it sucks but there isn’t much you can do, sell it as a parts car or pull parts off yourself to make your money back


Title: My father filed for custody of me. What should I expect? [Maryland]

Question:
Forgive me if this isn't the correct place to ask this.

My dad left two years ago. In November of that year my mom filed for divorce. The way I understand it, he didn't try and fight the divorce and never responded to her lawyer who tried to negotiate with him, so after a year she was official divorced and awarded full custody of me and my two other simblings. My mother filed a protective order against him, which he subsequently broke and was taken to court for. He has repeatedly berated me, berated and harassed my mother, harassed her friends and family, and managed to convince my brother and sister that they would be better off living with him at his moms house.

After a bunch of fighting she eventually let my siblings go live with him for the rest of the school year. She let him have temporary guardianship of them, but not custody. Nonetheless he believes that he has custody of them. Even though I have said I never want to see him and even though he has constantly bullied me, insulted me and said all manner of horrible stuff (which I documented) he still wants custody of me. I am the only child he has actually filed for custody of. He is claiming that my mother physically abused me and my siblings, which is a lie, and that my brother and sister will "testify to it".

Sorry, I probably gave way more detail then I needed to. But given all of that, what should I expect when it comes time to go to court or whatever happens during a custody battle? So far all I have heard is that he filed. Nothing about court dates or anything like that.

Edit: I forgot to mention this in my original post, but is there a chance that I will be asked to go on the stand? I am assuming not, but what do I know.
Topic:
Custody Divorce and Family

Answer:
 Ask for a guardian ad litem (GAL) or court appointed special advocate (CASA) to represent you during custody. At 15, your preferences carry more weight.

As for your siblings, the fact she let them go to him for a while will work against her. She needs to demand that he return them now, and file for contempt if he doesn't (since he is violating the earlier agreement. The reason she needs to do this, is catching him being in contempt right before the custody hearing will work against him.

If she (or any friends or family) has texts or any electronic communication of his abusive behavior, she should save them and get printouts to take to court. She should also get her own lawyer if she can.Answer #2: how old are you?  you'll likely be appointed a guardian ad litem who will help protect your best interests.  you should be completely honest with them about his treatment of you.  show them the documentation.  you'll be asked for input on this situation, so just be honest.  don't exaggerate anything, just tell them what has happened and how you feel.


Title: How can I protect my brother from false accusations?

Question:
My mom is with a man who has two children, a daughter 16 and a son 17.

The daughter has a history of making false sexual accusations against boys, usually children of one of her divorced parents spouses.

The first accusation was when she was very young, like 4-5 years old, against a boy her age. The son of her father's girlfriend. We suspect that her mother had a hand in that one.

The second was her brother when she was 11.

The third was my little brother when she was 13 and he was 12. She had a journal that she had written in about how she hates my mom and was going to break them up somehow.

The fourth was against the son of the man her mom is married to just this past year.

All but the last one were disproven and social services knew she was lying. This last one was taken more seriously due to them now being teens and though the accusation didn't legally stick, the boy was forced into special counseling.

After my brother was accused, my mom wouldn't allow the girl into her house. Her condition was family counseling, which her father wouldn't do.

It's been a few years since that incident and my mom is starting to allow the girl back into her home, not because she's shown improvement, but because not doing so was putting a strain on her relationship with her partner.

Is there any way that I can preemptively protect my brother from further false accusations?

Answer: How old is your brother? Does he still live with your mom?


Title: Are there provisions in the US legal code that allow for the defense of those who cannot defend themselves. [Virginia]

Question: I was recently told that the second amendment contains a sub article and the Miranda rights contain a provision that allow the defense of persons who cannot defend themselves. Is this correct and if so, can equal force only be used in defense of the person.

Answer:
 As a general matter, you can use whatever amount of force that the person being attacked would be permitted to use in self-defense.

Neither the 2nd Amendment, nor Miranda, have anything to do with it.


Title: [PA] was arrested for marijuana possession last week and they released from the police station saying I would get something in the mail. I still haven’t been charged yet.

Question: The court dockets on line show I still haven’t been charged for anything. Is this unusual?

Answer:
 As they say, the wheels of justice turn slowly, but grind exceedingly fine.
If I were a betting man, I'd say you will be receiving something in the mail shortly.


Title: [CA] Am I required to give my ex-spouse my S-Corp business taxes just because she asks for it?

Question: She keeps asking for item after item. First she wanted my tax return, then she wanted to "review" my bank statements, now she has asked to see my company books. I am all for making her aware of how much I earn, both in my business and as an individual, but this is getting ridiculous. Does she have to get a court order?

Answer: She's looking for assets and income that you may have omitted on your financial disclosure or which you may not have reported to the courts, either because of spousal support or because of child support. You don't have to cooperate with her, but she can likely go back to court and get an order for a new disclosure if you don't. Your call: personally, I'd tell my lawyer she's asking and let them deal with it.


Title: [Idaho] Landlord said I could move my girlfriend in, now is pissed about a different thing and saying I'm violating the lease.

Question:
A few months ago, my landlord agreed that I could move my girlfriend in with a $10 increase in rent. Since then, we got into a disagreement about something else and both agreed that I would move out in 30 days. He left me a slightly angry voicemail saying I am in violation of my lease by having someone else living there. The great thing is he said in the voicemail that he agreed to have someone else live there.

I know he can't evict me without giving me a cure or quit eviction notice. My question is, can he kick my girlfriend out, even though he's clearly stated that she can live there?

Answer: So what's the problem here?  What's it matter if you're in violation or not, since you and your GF both decided to move out in 30 days?  Some things I'd do is clean real good before leaving and take  LOTS of pictures b/c I'm betting LL is going to try to keep the security deposit.


Title: Help! I lost my money to an online scammer. Bank now wants me to pay them back. Is there anything I can do?

Question:
Long story short, I was scammed on Craigslist, and now I owe the bank money, even though I explained my situation many times!!!

They can't actually do anything, it's not like I spent all their money at once?

Answer:
 THey dont care. They are out money because of your choices. So you need to pay it.

They can close your accounts. Sue you. And get the money back in whatever way your local laws allow - garnishments, etcAnswer #2: You could explain your situation a million times it doesn't change anything. They certainly aren't going to just eat it because you fell for a scam. You owe the money back to your bank. They can damage your credit and sue you, and also make it so you can't get a bank account anywhere else until you bring the account to 0.Answer #3: Yes you owe that money to the bank.Answer #4: Let me guess. Scammer sent you "money," which you then spent, only to later find out that the "money" was not really money, and now your account balance is negative? Yes, you owe the bank that money.

Your remedy is against the scammer, who you will probably never find.Answer #5: Is this basically how it went?

1. Scammer sends you a check that you deposit in your account.
2. Scammer says the check was for too much and asks you to send the extra "money" back.
3. You send back the extra "money."
4. The check scammer sent you bounces, causing your account balance to drop by the amount of the check, which overdraws your account.
5. Your bank wants you to pay them the overdrawn (negative) amount.


Title: Grandmother passed away without a legal will, sisters having issue with home

Question:
So long story short my mom's mother passed away a few years ago and left behind a house. The plan was for her and two sisters to renovate it and put it back on the market. While that happened they let one sister, (we will say Ann) live there for a few years while Ann took charge of some renovations. However she did not and when she was evicted the house was in a worse state than before. At this point my mother and her other sister have taken it amongst themselves to pay for all the restorations out of pocket leave Ann out of the profits. Considering Ann hasn't provided to the renovations or helped out even a little, is she still entitled to a share of the home?

EDIT: this is Chicago btw

EDIT: the house was put under estate before my grandmother died, the executer is the other sister.

Also when Ann lived in the house, it was under the guise of saying she was doing it to help with renovations, when that didn't happen she was asked to leave

Thank you for all the help

Answer:
 Generally, one heir's neglect of an estate asset does not affect the heir's entitlement to a share of the estate. However, the estate *likely* has a claim against the negligent heir for the cost of restoring the asset to its pre-neglect condition, which *likely* can be set off against the heir's share of the estate.

With regard to renovations, a person who contributes to the *improvement* of an estate asset (i.e., making it *better* than it was on the date of death) has a viable claim against the estate for reimbursement. However, there might be technical obstacles to overcome, such as (possibly) the requirement of a written contract between the contributor and the estate (to prevent fraudulent claims).


Title: My brother and I getting screwed out of a lot of money (inheritance / executor nightmare - USA)

Question:
The story starts with my mother, who was executor of my Grandfather's will (his daughter).  She has two other sisters.  My mother was a very smart and fair person.  Her two sisters are not.

A few years ago my mother developed cancer, and a year later she lost her battle with cancer, passing away.  But, before she died, she made sure my brother and I saw my grandfather's will.  She fought for us to be included.

My brother was not born yet when my grandmother was alive, so he did not get anything from her (grandmother's) inheritance (but everyone else did).  So my mother fought to have my grandfather give her some extra, of what she would have gotten. (My two aunts were very against this and tried to get my grandfather to amend that but she didn't.)

So in the will, my grandfathers money was split into thirds (my mother and her two sisters), and if my mother or any of her sisters died, their kids would get that persons share.  Also in the will, one of my aunts owed a some-what large (5 figure) sum to my grandfather, so in the will her 1/3 would be minus that sum.

Anyway... so after my mother died, her sister took over.  A few months after my mother's death, my grandfather (out of the blue) asked my father for any COPIES of the wills back because "he wanted to keep them in a safe".  My father kept an extra because he felt something was a bit strange with that sudden request.

Then about a year after that ordeal, my grandfather got very sick, and suddenly secret and new amendments were just revealed (aunt).  My aunt didn't really say ANYTHING about the will to us, EVER.

My grandfather passed away about 5 months ago, and no word from my aunt about any will.  (Keep in mind no-one in the family really visited my grandfather in the hospital during his last months except my father, my brother, me, and (every week or so, my aunt - executor, not the other).

My sister and I both received the final amendments and copy of the will today in the mail and we both are absolutely disgusted. Amendments...

1) my sister no longer gets anything extra
2) my aunt no longer has to pay any debt
3) The total estate is no longer separated into 1/3s, but both my aunts get 50%, and if they die their kids get their share.  My sister and I get a "max of" 100k, and our money is in trust which is governed by my aunt. (the owner of the trust was originally my father, and now it's my aunt)
4) If any of us die before 40 (we are in our 20s) the money goes to our aunts. and we don't see a dime till we are 40 anyway.
5) My mother (it was her grandfather) no longer exists in the will.

What can we do?  We don't have that much money to hire lawyers, and my grandfather DID sign the new amendments (after my mom died) but he was sick during this time, and some of his signature don't look like his, but we have no way of proving this.  My father is devastated knowing how much effort my mother spent for it to never happen like this.  And frankly I never knew she'd do anything like this.

*I changed some of the family titles around just in-case my aunt's kids find this post.

Answer:
 Are you actually saying that there was fraud here?  That your grandfather actually didn't sign this will?  Or that he was improperly pressured to do so?  Or that he was not in his right mind when he signed it?

Because unless one of those is the case, the new will is what it is.  You are not "entitled" to anything, as such.

If you do think there was some sort of fraud, or pressure, or something illegal going on, then go talk to a lawyer ASAP.


Title: I’m 19 in debt and being accused of credit card fraud

Question:
I made a post regarding this issue last night
https://www.reddit.com/r/legaladvice/comments/8kk2pu/being_falsely_charged_with_bills_by_spectrum_i/?st=JHEI1QT7&sh=b79dec4a
Click here to have a better understanding of what your about to read here on this post

Now, I’m about to graduate high school with a 3.0 GPA point average and I never owned a property nor a home. I’m being billed for a ridiculous amount of money over late fees and bills I already payed for when I was using the service. Since my bank account is a year old and I never had any assets or leases in my name am I eligible to get sued ?

I don’t have the money but they make it even harder by slamming me with late fees and saying they’ll sue my dad. My credit score is low so am I still able to use my health insurance and get a job ?
Should I ignore the bill collector ?
Im in California if that’s important to know

I’ve heard a lot of shady things about this company so I don’t know if I’m falling into one of their traps.
Topic:
Consumer Law

Answer:
 > Should I ignore the bill collector ?

Absolutely not.  Never ignore a bill collector *(Edit: from the previous post, it's clear that currently it is still Spectrum, not a collection agency)*.  Read up on the do's and don'ts and follow the steps in response at [the CFPB](https://www.consumerfinance.gov/ask-cfpb/category-debt-collection/).  And talk to your father, because legitimate or not, they're involving him in this, and bad news does not get better over time - just harder to fix.

> I never had any assets or leases in my name am I eligible to get sued ?

Anyone *can* be sued.  There's no prerequisite to have a certain amount of assets, the plaintiff just can't get blood from a stone if they win.

> My credit score is low so am I still able to use my health insurance and get a job ?

If you have health insurance, you have health insurance.  And unless the job you apply for has a particular reason to care about it (e.g. security clearance, etc), then your credit score doesn't matter.


Title: I could have sworn there's an amendment in our Constitution about unlawful search and seizure...

Question: I would just like to ask if my friends very recent arrest is legal. I live in houston texas. My friend is sitting in jail (he's 17). He was home alone smoking weed in his yard in bellaire Texas  (which if you don't know is a small city within houston) and a neighbor saw him doing it and called the cops. They went onto the front of his property, looked over the fence and saw him, and entered his backyard to arrest him. I am in awe right now. I had no idea they would just blatantly disobey our bill of rights like that (if my understanding is correct, that's what they did.) Anyway can someone verify the illegality or this?

Answer:
 If you look at OPs post history you'll see they are young, stupid, and will end up back here again soon.Answer #2: How do you figure it was a violation of his rights for the cops to see him doing an illegal thing and then arrest him for it?

Your friend might be retarded, but his rights weren't violated.Answer #3: When the cops see a crime in action, it allows them to have much more leeway in terms of search and seizure. Answer #4: On a scale from 1 to Cheech, how high are you right now?

If police can see (or have probable cause to believe) a crime being committed from a place they are lawfully present, and there is also a probability the evidence will be destroyed if they have to go get a warrant (say, because the criminal knows the police saw them), then the police have exigent circumstances to enter private property to effect the arrest. The 4th amendment isn't implicated.


Title: (NY, USA) Scumbag former employer accused me of a serious crime with ambiguous evidence and filed charges. I've spoken to lawyers already, just want to hear outside opinions.

Question:
 Basically, I was accused of a crime by a former employer on my last day of work. I was working the job just to make some extra money on the side and I didn't care about it. It wasn't serious work to me. I quit and walked out, and told the other employee to call my boss and tell him I'm quitting earlier than anticipated.

Within the general time-frame of that same day (exactly when is not known), an accident happened to the building that caused significant dollar amounts of damage.

A week afterwards, the company called the police saying that I did it, and I did it intentionally. 2 months later I got a letter in the mail being charged for a crime. I was released by the court without having to pay any bail nor going to jail and the case is heading to trial soon.

We received all the documents by now claiming they are "evidence." There is a massive amount of lies and confusion.

First of all, let me say this: they do have something which makes me look very suspicious. I don't want to be too specific, but I basically did something which I makes me look suspicious in relation to the crime. Taken in the worst possible light, it makes it look like I planned it and did it on purpose. However, it's just an unfortunate and utter coincidence that has 0 relation to what happened. My lawyer believes it's bad for me, but he also keeps saying that it doesn't meet the standard of reasonable doubt. Another lawyer I had in the past said that when he read about this one piece of evidence he clinched his eyebrows and was like, "what are they even talking about?" He was skeptical of it and thought it didn't really make sense.

With that said, they lied multiple times about many things. The police detective who filed the report against me told so many provable lies that it makes me furious. I never spoke to her, but she basically twisted any evidence she had and also lied to make it seem like I was guilty (funny how all her falsehoods/mistakes are inclined to make me look guilty, instead of exonerate me). I told my lawyer to call her out on the stand, but he seemed reticent to the idea and said, "well, even if they testify, they won't really be able to say anything" but I want him to impeach her basically and show to a jury she lied in the report.

There was also a claim I was a hostile employee, which is completely incorrect as I was polite during my whole time there, and in fact barely even had contact with anyone. The company kind of floated the idea of a "hostile employee" to the police and they ran with it without knowing much of anything. As proof during the court process, they offered me and my lawyer a document claiming I was 10 minutes late once, 4 months before any of this happened. That's literally their proof of "hostility".

Lastly, it took prosecutors 6 FUCKING MONTHS just to give us documents that the POLICE claimed they already had in their possession for "evidence." You know what the worst part is? Some of what they gave us months later were EXCULPATORY and help my case. It took MONTHS just for them to hand over evidence that they already had. One of them is so good for me that my lawyer jumped when he saw it and told them to take it to trial that same day.

So now another thing: The people I'm accused of being hostile against...are people I BARELY spoke to and don't even know! I literally don't know who they are. They are another company, and they were basically the 'boss of my boss'. I had almost no direct contact with them, except 1 or 2, and we strictly discussed work matters. In all the conversations totaled about an hour over the course of a year. Why would I plan a crime against people I barely know?

I made a negative comment about them, but it was because my co-workers were always saying that they had problems, etc. My boss literally once told me randomly out of nowhere "there are mentally ill people working here." At the time I was like, "Ok?" and just kind of shrugged him off. From what I understood, it felt like he was being bullied by them and going through stress. So this workplace drama that was going on was completely behind the scenes, and I wasn't involved at all...I feel like the charge is a continuation of the workplace bullshit that was going on behind the scenes and that I had no connection to. I think they convinced my old boss to call the police and file charges or else his job was in danger.

Recently my lawyer called a co-worker to speak to him. The guy freaked out on the phone and was very scared, even though my lawyer was very nice to him and was just asking questions.

Every time I speak to my attorney, he says there's reasonable doubt and he has a good chance of beating it. He also says that some of the circumstantial evidence is "damning" and makes me look suspicious, but it's not enough. I have confidence in him as he is very experienced, but sometimes he is a lazy attorney and doesn't investigate the facts too much, but he speaks very well and has a sharp mind.

I read about false convictions every day, but I know that trial is my only option. I never thought this would happen to me. Accused of a serious crime by people out of their minds, lies and confusion everywhere. Does anyone have any advice or comments? I've spoken to many lawyers and some of them say that this is an unusual case and that they haven't really seen something like this.

Answer: Listen to your attorney; that's why you pay him.


Title: [CA] is it legal to serve me with eviction papers by leaving them on my door?

Question:
I have lived in my apartment for 6.5 years. I originally signed a 1 year lease, but after 1 year was up, they never asked me to sign a new one. I have been a great tenant (quiet, get along with all my neighbors, never any issues). recently I lost my job and became very depressed and suicidal. I was unable to pay my August rent, which I explained to my landlord and expressed that I was very close to getting a new job. By a stroke of luck, I finally got a new job and it's not great but at least it's a job. unfortunately it's too late according to my landlord. Last night a man banged on my door as I watched through the peephole, afraid to answer. After banging on my door for 10 minutes, he yelled "[name] I have documents for you, you've been served", tried to stick them through the space between the door and door frame, and left. I have not opened my front door so they're still sitting there.

Is this a legal way to serve someone with eviction papers? He didn't even know if I was home or not. I live in California.

I now have this shitty job and nowhere to live, quite honestly I would much rather be dead. I can't believe they would rather kick me out and rent out my apartment rather than take my money--I'll be able to pay next months rent and this months when I get my paycheck, but now I think I'll be homeless by then, in which case I would rather lay down on my couch and take my last breath in the safety of my apartment rather than end up on the street.

Any advice is much appreciated. Thank you.

Answer:
 >I would rather lay down on my couch and take my last breath in the safety of my apartment rather than end up on the street.

please talk to the folks at /r/suicidewatch and or http://www.suicidepreventionlifeline.org/gethelp/yourself.aspx

getting evicted isn't worth killing yourself over, hell some people get evicted 3-4 times a year.

also CA has both relatively tenant friendly laws (what city/county are you in, some have additional laws) and also a court system that is severely overburdened/underfunded. check the date for the court notice but you might have all the money before you even have to go to court.

you might also be able to get emergency welfare assistance https://www.mybenefitscalwin.org/web/consortium/help?p_auth=9yUQmzaL&p_p_id=help_WAR_calwinportlet&p_p_lifecycle=1&p_p_state=pop_up&p_p_mode=view&p_p_col_id=column-1&p_p_col_count=1&_help_WAR_calwinportlet_javax.portlet.action=getCategoryContent&categoryName=Immediate%20need%20-%20emergency%20assistance&parentCategory=CalWORKs&tabSelected=Frequently%20Asked%20Questions&clickedCategory=Immediate%20need%20-%20emergency%20assistanceAnswer #2: [Generally yes](http://www.courts.ca.gov/1288.htm)

> Posting and mailing ("nail and mail") service: If there is no one home to leave the papers with, you can tape or nail the notice to the front door or somewhere where it can be seen easily AND send a copy by mail to the tenant at the property.Answer #3: Yes, that is a legal way to post eviction. Can you scrape up money in the next three days? In CA it seems that if you pay in the next three days the landlord must accept it:

http://www.dca.ca.gov/publications/landlordbook/terminations.shtml

Even then, the sheriff does not simply show up on day four and kick you to the curb. The landlord must take you to court first, which will destroy your credit and your ability to rent some places for a while, but it will give you another few weeks to figure out what to do.

http://www.dca.ca.gov/publications/landlordbook/evictions.shtml


Title: Our landlady posted our personal info on the street, and is giving us 10 days to vacate.

Question:
Hello /r/legaladvice I am wanting to know from you all, and I do understand that this is no substitute for a real lawyer, I have an appointment made with one, what our land lady did was illegal.

This is somewhat of a lengthy story, so bear with me, on Jan 2nd, a piece of our ceiling above the shower fell on me and concussed me, and I lost a days wages from that, and for a week i had some pretty bad neck and back pain from this. My room mate and I took photos of everything, from the ceiling, my head, the tiles that fell. And our land lady's boyfriend came and fixed the ceiling and took the tiles, that same day, and she told me to contact her if I went and saw anyone about the injury. Well she avoided us for 4 days, and when I finally went to the salon she owns to try and get her insurance info, or have her send it to the chiropractor because she is liable for the building, she exploded on me, room mate was not present at the time, shouted at me saying she wouldnt talk to us and was going to evict us. Fast forward a few days, shes demanding we pay this months rent and another 1/2 of the normal rent in late fees, and as of today the rent is only 14 days late. The only way she will communicate with us is through text message. Yesterday, she posted a hand typed from a home computer letter telling us to pay or be evicted, and she is only giving us 10 days.

What bothers me the most about this situation is the fact that mine, and my room mates full name and personal cell numbers are listed there on this letter, and she didn't put her own, and our front door is on the street. We're talking sidewalk level of a business district in town is where she posted this letter, with the typing facing out, where anyone on the sidewalk would be able to read everything. Not enveloped, not folded, just taped up there.

Is that illegal, to post personal information literally on the street? I live in Missouri.

TL;DR Our landlady posted our personal info full names and cell numbers literally on the street on a hand typed eviction notice.
Topic:
Landlord Tenant Housing

Answer:
 Well yea she's going to evict you. You haven't paid rent. I am not aware of anyplace where it is permitted to withhold rent for the reason you are doing so.

Nobody cares about your name of your cell phone number. People have their own lives to worry about.Answer #2: > Is that illegal, to post personal information literally on the street?

Your name and phone number are not "personal information." Posting them is not illegal.

You are being evicted because you did not pay rent.

Also, go see your regular doctor about your injuries. The ceiling is a different matter. You might be able to sue over that, you might recoup your out-of-pocket medical costs.Answer #3: So... You haven't yet paid your January rent and she's proceeding with the eviction process because of that? Seems fine to me. Your issue with the ceiling is separate. Your name and phone number aren't private info. Answer #4: Pay your rent and talk to a personal injury lawyer if she keeps not responding to your requests for reimbursement. Also, go see an actual doctor to make sure there wasn't any sort of permanent damage. Quacks have no credibility for personal injury cases.


Title: (Georgia)I was fired for leaving work so my boss wouldn't physically assault me.

Question:
Today I was fired for avoiding being physically assaulted by my boss after asking for a raise.  I work at a sand mine that sells sand to the public, mostly 18 and 12 wheel dump trucks.  I work this job alone, I load trucks, stockpile dirt and fill out invoices for the trucks I load.  I average 25 trucks per day.  Until about 3 months ago, there was another employee but he quit and my workload has increased.  About 6 weeks ago, when I arrived at work I asked for a raise after having to stay late 2 hours and load trucks the previous day.  She told me she wouldn't pay me overtime rate and got mad when I told her that it was illegal.  I told her I needed more money to continue working there which led to her cussing me out and attacking my character.  I told her I didn't want to argue and it was best that I leave, that if she wanted me to stay I needed $17 an hour.  She started crying and told me something that amounted to "don't go, do you want me to beg you to stay?"  to which I replied.  "I don't want you to beg me, I just want fair pay for the work I'm doing."  As I went to leave she threw a water bottle and a metal grease gun at me which I dodged.  When I was getting into my truck she continued cussing at me, blocked me from closing the door and punched me in my chest and shoulder, she hit me no less than 6 times.  I didn't offer any resistance to her assault and she stopped when a dump truck came in to be loaded.  I asked her if she was done and now would she give me a raise.  She told me "we'll see, now go load that truck."  I told her I would stay for $17 an hour and she said "I'll think about it."  I got out of my truck and went to work.  Since all the invoicing is done by me and in the last two months the work I've done has earned the company well over $50,000, I consider 36,000 a year more than reasonable to ask for.  The company grosses between 200,000 and 300,000 a year.  The next paycheck I received reflected a $1 raise making my pay $14 an hour.  I considered quitting then, but I hoped she'd realize that I wasn't being unreasonable for asking for what I asked.

My boss usually comes in for about 20 minutes in the morning to pick up the invoices and take them back to her office at another location.  When I arrived at work today, there were no trucks to load.  Since the assault, I've only answered yes or no and said as little as possible to avoid casual conversation.  She told me goodmorning, I said hey and walked straight out the door leading to the heavy equipment and smoked a cigarette while waiting for her to leave.  Instead of leaving, she comes to where I am and asks me what I'm doing with an angry tone of voice.  I said "I'm smoking a cigarette."  I was short with her and because I've been avoiding conversation with her for the last two months, she asked me "what the fuck is your problem?"  I replied "$17 dollars an hour is what I told you I wanted to continue working for you."  Before I could say anything else, she cut me off, began getting hostile and closing the distance between us.  I told her I wasn't going to argue and she wasn't going lay her hands on me again, and started walking away from her.  She started telling me that I complained too much, that I don't realize how much it cost to run the business, etc.  I told her I'm not going to argue, I'm not a fool, I understand the cost, but I also realize the amount of money I'm asking for is well under what could be afforded to me.  "Fine, fuck you, go find another job."  I walked back to my truck while she followed me cussing and basically telling me she didn't need me and to not come back.  My option was stand around and argue with this woman and get assaulted again or leave.  So I left.  As I was backing up to leave she told me "I hate you and hope you kill yourself."

Now comes the complicated part.  The company belonged to my Grandfather.  I was raised by him and my grandmother since I was a baby.  My boss is my birth mother.  I was raised calling my grand parents Mom and Dad and only in my teens did I realise they weren't my actual parents.  My grand mother passed away when I was 19, in 1999 and I didn't have a close relationship with my grandfather for most of my adult life, but have worked for him since I was 20 years old.  He was diagnosed with cancer in 2007 and died 2 months later when I was 26.  My birth mother had lived a life abusing drugs and alcohol, along with her brother and sister,  but she cleaned her life up after being sent to prison for 18 months in the mid 90's.  My uncle is literally a drunk hobo and my aunt is a meth addict, I've always thought of them as my older brother and sisters.  In a way she and I reconciled in my early 20's but she's always blamed my grandparents for all her problems and I simply know it wasn't true.  I feel she resents me for never acknowledging her as my mother.  My grandmother handled all the secretarial work for my grandfather and when she passed away he allowed my birth mother to take over that part of the business.  At the time, she made $9 per hour for doing secretarial work and I was making $11 for operating heavy equipment.  On his deathbed, he gathered the family together and told us that my birth mother was going to run the company and that if we didn't get along it would be sold and divided.  We got along for about a month after he passed away.  That was 7 years ago.  I was making $12 an hour when my dad passed away.  She didn't give me a raise until I threatened to quit.  For the last 3 years, I've made $13.  She's told me on 3 occasions, in the last 5 years, that at the end of the fiscal year she would sign business over to me but never has.  My birth mother is the the most hateful, toxic person I personally know.  The way she talks to people has led to over 10 employees to quit since she's taken over.  If someone disagrees with her she becomes overly defensive and confrontational.  She often reeks of cannibus odor and constantly tries to get me to smoke it with her.  It seems an exaggeration, but over the past 7 years, I can't recall the number of times she has got in my face while yelling at the top of her lungs while poking her finger in my face. Once she was pulled off of me by one of the former employees.  She knows I won't hit her back so she takes advantage of that.

There are numerous OSHA violations with not only the equipment but the work environment, neglect on her part to keep within mining boundaries imposed by the Dept. of Natural Resources (only a certain 10 acres of the area we mine can be mined, I've repeatedly told her the areas she wants to mine are not included in those areas and her goto answer is "I'll find someone else that will do what I tell them"), her scales to weigh out the trucks haven't been certified and when she weighs out a truck, she often writes down a higher weight than what the truck actually has.

I stuck around because it's an easy job for me, I've worked heavy construction my entire adult life and worked summers for my grandfather since I was 14.  Also, I held out hope that I would be treated well and eventually get to run the company.  I'm 35, I'm ashamed to say finding another job is a scary thing to me, I dropped out of college to work full time for my grandfather with the expectation that things wouldn't end up the way they have.  I knew everything I needed to know to operate heavy equipment and do heavy construction.  I have enough money saved to last me a year without working so I'm not stressed about immediately finding another job.  I work part time for myself mowing lawns and doing landscaping and feel confident finding another job won't be too hard to find if doing lawn care full time doesn't work out.  My house and cars are paid for and I put most of my money in savings towards retirement.

I know it's long passed time to move on.  I'm resentful of how things have turned out.  I feel like I've been used.  I've worked hard for this bitch and could write much more about how many times I've been promised more only for it to end up in an argument.  I realize other people would do the work she asks me to do, for less pay.  What gets me is that this is my mother, circumstances that led to her being in the position she's in was due in large part to the family trusting her to do the right thing.  I'm looking for advice concerning the reason I was fired.  Is there any legal action I could take against her for being fired because I didn't want to be assaulted.  I don't want to want to have anything to do with this woman, but I do feel I deserve more than threats of violence and risking her causing trouble with any future employers for me.  I'm considering reporting her to OSHA, the department of Natural Resources and the dept of Agriculture.  I'm not certain, but I have a good feeling most of the cash sales don't get reported either.  If I have some kind of basis for legal action against her, I don't know if I should turn her in before or after; or if they would even help my case any.  Any advice is appreciated.

Answer:
 It sounds like

a.) you DID get assaulted,

and

b.) You *quit* because they wouldn't pay you the wage you wanted.Answer #2: > About 6 weeks ago, when I arrived at work I asked for a raise after having to stay late 2 hours and load trucks the previous day. She told me she wouldn't pay me overtime rate and got mad when I told her that it was illegal.

Georgia has no daily overtime limit. Overtime doesn't kick in until you've worked more than 40 hrs in a week.

As far as everything else, report violations to OSHA if you want. Report battery to the cops if you want, but that's likely the extent of your recourse. Look for a new job.


Title: Employer never put me on insurance but told me they had. (Washington state)

Question:
So i originally started working for this company july of 2014 and was told i would be put on insurance after 90 days, which was fine as I still had good insurance through my father. Fastforward to now, i am no longer on my dads insurance and found out that the company I work for never actually put me on theirs... So I have been working for about a year and a half and was getting no benefits the whole time.

Furthermore I had asked for an insurance card two or three times and they kept telling me someone would take care of it and then it would just get forgotten after a while...

I am about ready to leave this place they are dishonest and have led me on about a number of other things as well, but wondering if there is any legal recourse for the insurance stuff. Thanks!

Answer: Look at your pay stubs. If work was deducting money from your paychecks for insurance, and not covering you, you're entitled to that money back. Other than that, your only real recourse is either to purchase insurance yourself, or continue escalating with HR until they get you on their health plan.Answer #2: Other than making sure you're covered going forward, you're not out anything unless they were taking money out of your check.


Title: (NC) My new landlord won't give me a copy of the lease. We have keys and have started moving in but need the lease to turn the water on in my name and to get a trashcan, among other proof of residency things. Our lease started on the first

Question: The house is owned by one person (J) but managed by his brother (G) so G told us that J needed to sign the lease then he would get us a copy.

Answer: Well this is certainly off to a good start. I would stop moving stuff in until you get a copy. Tell him you will move out and sue him for anything you've paid because he's acting in bad faith.


Title: I committed credit card fraud... will I get caught?

Question:
Location: United States

Without providing too much in the way of specifics, I got a hold of somebody else's credit card and made a few purchases totaling nearly $3000. I did so by taking the card into brick and mortar stores, which I'm sure have surveillance cameras. The card holder doesn't know who I am or what I look like. Is there a way that the police can investigate and determine that I am responsible for making those purchases? I already have a meeting to consult with a criminal defense attorney. I'm not looking for advice regarding what I should do to protect myself or limit the consequences. I'm asking if reddit thinks I will eventually be identified as the responsible party and arrested.

Answer: Maybe since you just admitted to it on the internet.


Title: Harasser ends up being process server (OH)

Question: [removed]

Answer: Trespassing is illegal even if you are a process server if she shows up again call the police and have her trespassed. Answer #2: No, you won't be charged, and you are under no obligation to tell this person where your mother is.  If she parks on your property again, call the police and have ask to have her removed for trespassing.Answer #3: What would you be charged with? This is a ridiculous question.


Question:
What would happen if u got pregnant by someone u have a no contact order with?

Not in a domestic violence case against each other but if you are both co-defendants on the same case?

Answer:
 >if you are both co-defendants on the same case [...] I got out on bond last year and he got out a few months after

The simple thing once your violation of the no-contact order was obvious is for the court to put one or both of you back in jail.   The practical solution is to choose the one with the more serious charge, or the one who won't be caring for an newborn infant.

>They knew we were in contact while he was in jail Bc they would bring it up in court.

And what did they do ?  Nothing.   Which is the most probable thing they'll do now.   But past leniency is not a guarantee of continuing leniency.

Courts know that defendants violate no-contact orders routinely.  Unless those violations result in witness intimidation or violence, they ignore most of them.


Title: NY Public Library Question

Question:
I was at my public library in upstate NY.

I do not have a photo ID, I can not afford one.

I had an expired photo ID, a boating license, a piece of mail with my name on it, and social security card all available.

I was denied the lib card because I did not have a photo ID.   Edit: didn't have a current photo ID.

As I understand it, wouldn't that be discrimination based off economic status?  The library is public, so idk.  It's why I am asking.  I have no interest in suing, just want the card.

Answer:
 Economic status is not a protected class, unless NY law specifies it to be a protected class.

Almost every single public library has the photo ID policy. They want to make sure you are in their district.


Title: Winn Dixie cutting all leads, some who have been here 30+ years. Legal?

Question:
The company I work at, Winn Dixie, did a restructure today and cut a lot of people. Basically people who have been here from 15- 40 years have had all their benefits cut, bumped from full time to part time, and are required to re-apply for their job starting at $9.25 an hour. If they don't then they get fired. Needless to say a lot of tears have been cried today, and people I work with and care about are probably going to leave somewhere else. It breaks my heart to see this, and I'm curious, can they legally do this? Is there no recourse? We are not unionized btw.

Edit 1:In Alabama, but this is across the board in all Southern States.

Update: Come to find out all leads will be terminated at the end of the month, but will have the opportunity to apply after a week goes by for any position available. In other words start over and have people like me who has been here 2 years make more than you.

Answer:
 I assume you're in Florida?

If you're in an at-will jurisdiction - including Florida - and the people affected aren't subject to either specific regulations or to a union agreement or binding employment contract that would restrict the employer, they could all have been fired today for all the law cares. It's bad business, but it's not illegal.Answer #2: Not a lawyer but this makes me believe Winn Dixie is going down. You probably want to get off the sinking ship anyway.


Title: Wrongful disqualification for military service

Question:
This had been on my mind got a while and I feel I've been duped. I jumped through all the hoops to enlist in the army a few years back. After a trip to MEPS, I get a call from my recruiter telling me I was disqualified based on misfomeanor charges I faced at age 13 for the theft of 2 violins from a public middle school and damage to a piano. Here's the thing, it was because the value of the items were claimed to be extremely high, about 10 times their actual value. $3k-$4k per violin, and $2k for the piano (which consisted of some broken hammers, nothing that serious or valuable). The court charged me with like a $300 fine and 16 hours of community service. The recruiter said that based on those values, it would be treated as a felony, and that disqualifies me. I feel stupid for not saying anything then and never talking to them again.

So my question is, can I sue? Is it wise?

Edit: This is in Oregon, United States.

Answer:
 Sue who?  For what?  A military recruiter can decide not to work you simply because he or she doesn't feel like it, much less because their command is not entertaining felony waivers.  Enlisting is not an entitlement or a right that someone can infringe upon.

**Edit**:  *In the Marine Corps, technically even the misdemeanor would disqualify you from enlisting.  It's just that a waiver for a misdemeanor would be more likely to get through than a felony - but probability of a waiver being approved does not make you any less disqualified initially.  I doubt the Army's processes are any different in this respect.*


Title: Neighbor making it unsafe to walk freely on grounds of apartment, can I break the lease?

Question:
Okay, so here is the story, my neighbor drinks heavy and is a heavy drug user. Due to this she gets very violent and is always running outside and pondering on different doors. I have called the police multiple times and told me apartment manger about it each time. Nothing is done, and has gotten to the point I don't free safe walking my dog at night and on top of that I have my elderly mother living with me and she is scared to even leave the place for a second. My question is at this point can I break my lease without paying the huge fees? I still have 10 months left otherwise.
Colorado

Edit: Well this was pointless. Only didn't get any good advice on the correct way to handle the matter if I can't break the lease. Only that a unstable drunk has more rights than anyone. No wonder people get away with DUIs.

Edit 2: So people outside of breaking my lease and the gun idea. (Which I am legally able to do in the state of Colorado) is there anything I can do that lets everyone happy? Maybe work out a deal with management and see if they will let me out or lower the fees, if so should I get it in writing? Should I just not go outside? Can I maybe ask to be transferred to a different complex?

Answer:
 > My question is at this point can I break my lease without paying the huge fees?

No.


Title: Nightclub taking (valid) driver's licenses from patrons (North Carolina).

Question:
My friend went to an 18+ nightclub on Halloween. She is under 21. Because she is under 21 the nightclub took her driver's licence from her as an entry requirement. Is it legal for a private business to take patrons ID's like that?

[NC GS 18B-129B](http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bychapter/chapter_18b.html) states "No permittee or his agent or employee may be held civilly liable if the permittee or his agent or employee holds a customer's identification documents for a reasonable length of time **in a good faith attempt to determine whether the customer is of legal age** to purchase an alcoholic beverage, provided the permittee or his agent or employee informs the customer of the reason for his actions."  *emphasis mine*

It would seem to me that this protection would not apply to the nightclub. They are not taking ID's in order to determine if the customer is underage; they are taking ID's *because* the person is underage. I don't see how a private business could legally take state issued ID documents like that as a blanket policy. I tried to see if there was any case law on the subject but couldn't find anything (no access to case law sources besides google).

Thoughts?

Answer: It would seem that this is criteria for being in the club, you don't like it, you leave and keep your ID.  I suspect the law you've cited references keeping an ID against someones will.  By staying in the club you're volunteering to let them keep your ID.  Also your title makes as it if sounds like they're confiscating ID's (permanently).


Title: Sublet won't pay rent (London, Ontario)

Question:
Hi all, first post here. My girlfriend and I are in London, Ontario, Canada. She got a new place last year (moved in September) so she needed to sublet out her old place as the lease wasn't over and she couldn't find anyone to take over her lease.

Her subletter moved in last May (2015) and has payed rent up until December. She refuses to pay rent for January and part of February as she was "out of the country". She has paid for part of February ("prorated"), but not the whole month, saying she wasn't in the country for half the month. However, she told my girlfriend that she would be back in on Feb. 8th. So she only missed a week.

I am just wondering who is in the wrong here, because as far as I know, if she didn't move her stuff out then she has to pay rent, whether she was in the country or not. I tried to Google for this information to the best of my ability, but I couldn't find anything useful.

Please keep in mind that this is all the information I know. I don't believe my girlfriend would withhold information from me, but well, this wasn't through personal experience. I've seen all the evidence I've given to you, so I know it's legit.

Any advice would be appreciated, thanks so much.

Answer: She has to pay the rent whether she's in the country or not, that isn't how leases work.


Title: I am in the final step of Express Entry (Canadian immigration), but I am afraid that my one-time arrest when I was 19 for public intoxication will get me automatically declined.

Question:
**Backstory:**

I am an American who is looking to permanently move to Canada to live with my girlfriend. We have been together for 7 years. In the past, we travelled between Canada and the US and stayed for no more than 6 months at a time. The distance was fine when we were both still in school, but now we are looking to move in together permanently.

**Immigration:**

We found that [Express Entry](http://www.cic.gc.ca/english/immigrate/skilled/index.asp) was the best option because I am an engineer with experience. So far, I have taken an English test and received confirmation (after 38 weeks!) that my degree was equivalent to a 4-year bachelor's degree in Canada.

We submitted all of these documents to Immigration Canada in December. I received an automated message that said average wait time was 6 months.

This week, I received another message asking me to answer a few more questions for the job bank. One of these questions asked me whether I was ever arrested. I know that lying would never work, but I am worried that saying yes to this question will throw me in the "No" pile instantly.

**The arrest:**

(Texas) When I was 19 years old (more than 10 years ago), I was a passenger in a vehicle and the driver was arrested for possession of marijuana. After the driver was arrested, I was arrested for public intoxication.

I should have hired a lawyer at the time to fight it. I might have had the charge dismissed. I was home for Christmas break and had to go back to school, and we figured that it was easier to just pay the fine and not worry about lawyer/travel fees.

**Now for my question...**

Should I bother to contact a lawyer now or is it too late? Will checking that box that says "yes" get me automatically declined?

Thank you!

Answer:
 Yeah. You cannot lie, and you may very well be denied for that reason. You should look into expungement if it's an option in your state. Answer #2: That is a very minor charge.

Dont lie, answer truthfully.  You are also over the 10 years in which an infraction should be considered rehabilitated.


Title: ESA advice

Question: I just recently moved out of state, away from home for the first time and into an apartment that does not allow dogs. I have struggled with anxiety my whole life but never have been diagnosed by a doctor. I’ve also had a dog my whole life and truly believe that he helped me get through hard times. This is the first time I’ll be living without one and it’s already starting to get to me. I’m looking into getting an ESA letter so that I can have a companion dog but it needs to come from a mental health professional from the same state I’m currently living in, meaning I can’t get one from my regular doctor back home and use it here. Any advice on what I can do? I’ve looked at online ESA letters but I’m scared I’ll be throwing away money on something that won’t work for my landlord. Has anyone had experience with these being legitimate?

Answer: Online ESA letters are generally fake and ways people try to scam their landlord into letting them have a pet.  Get a local doctor, work with them regularly, and if they agree you would benefit from an ESA they will help you.


Title: Just how solid is this waiver?

Answer: Contracts agreeing to illegal acts are not valid.


Title: (WV, USA) Construction crew keeps cutting off our water, won't tell us when it's going off or when it will be back on.

Question: I live in central WV, and in my city they're starting to build a new water plant of some kind right beside my house. They had given us an offer for the house, but it was way too little for us to take. Now that they're building, they keep constantly cutting off our water without warning, and they won't tell us when it will be back on. The last time it went out, it was out for about a day and a half, without a single word from the city or the construction workers. Is there anything I can do about this?

Answer:
 lack of water is a habitability issue, and if they keep doing this you could request that you be relocated at their expense to another location

if have seen temporary water lines routed to the home during the construction period as an alternative

i would speak to an attorney about this (basically, you have not been a pain about this so they keep doing it, so time to start being a pain)Answer #2: Did you speak to them the last time? Whenever our water is being cut off, we're given ample notice by the city. If they're giving you the run around, I'd ask an attorney how to proceed.


Title: My cousins mother won't give him is IRS tax check

Question:
[ORL/FL]

My cousin was living with his mother at the time he filed his taxes. They kicked him out after he filed, and he's been homeless ever since. But the check came back to the address where his mother is living.

Now she is holding the check, and wont give it to him unless he goes with her to cash it and pay her money - that he has no obligation to pay. I'm on here searching for what he should do. I know if he goes over there and asks for it nicely, there's a chance for violence.

She also is giving him a "timeline" saying if he doesnt cash it soon she will send it back. He's looking for a home now and it would be great if she could just give him the check, but of course she wont do that. And I definitely wouldnt be surprised if she's already opened it to confirm the amount but I dont know that for sure.

I just want to help my cousin get his money that's his so he can find a place.

Does he need a lawyer?

Will this be as simple as him calling the cops so he can get whats is? How do we approach this situation the easiest way?

He's not concerned with anything but getting the check.

EDIT: YOOO thank you guys so much! I'm on the phone with him now. He's on the bus headed to an interview and after I get off work we'll try what u/fresprints and others have said and call the postal inspector like u/wanderingdev said. If that fails then we'll call the IRS and get them to issue a cancellation. Thank you guys so much for your quick responses!

Answer:
 Legally, she can't do this.

Logically, he should go with her to the bank and then cash the check. Once the teller has the signed check, he could say, "This woman is trying to force me to give her this money. I would appreciate if you could have her removed."Answer #2: i would call the postal inspector and report her.  it's a federal offense to interfere with the mail and they take it very seriously.

ETA: i would also try the police non-emergency line and ask them if an officer can go with to pick up items because the family is refusing to pass along mail and is trying to force him to give them money so they're afraid to go alone.


Title: Can I sue the state of Texas or an entity of the state such as DPS for not filing my expunction?

Question:
Hi all! I recently had my expungement order filed in November of 2018 and it was granted soon after. The local courts destroyed the documents soon after in January. Fast forward to June, I accept a job offer at a school in Texas and they run my background check. It shows things that should not be there. My attorney runs it himself and gets nothing. I return to meet the superintendent and they run it again, showing everything. I contact DPS and they told me the woman who was supposed to be filing my expunction no longer worked there, and therefore the files at the DPS were never deleted. My attorney says that I may have a civil case here, as I have a job offer, but an agency of TX government is preventing me getting hired by them not doing their job. Thoughts? Advice?
Topic:
Background Checks and Expungements

Answer:
 We can’t argue with a qualified local attorney you’ve spoken with. You should listen to your lawyer.

This would be an unusual case to make. Obviously your attorney knows something about it we don’t.