Title: Found an old pay check, tried to deposit it.

Question:
Was at a company for a few months, I didn’t leave on good terms and it was only a part time gig at the time. I recently found a check (with statement) dated for October. I obviously would like to get the money. I attempted a mobile deposit and am waiting for it to process but I am uncertain if the bank will honor it. AFAIU, past 6 months and it a up to the bank.

If the bank decides not to process it what should my next move be? Am I entitled to ask for a reissued check?

Georgia

(Please don’t bash me for waiting so long, or losing it, I’m aware that was dumb.)

Answer:
 If it doesn't deposit, ask the company to issue a new one.

But, be sure that you didn't already deposit it through mobile.


Title: I was assaulted and robbed at work. Can I sue?

Question:
I work independently at a hotel front desk for 12 hours a day. Last weekend two men jumped over the counter and beat me up and robbed the hotel. I am receiving workers comp but I am traumatized by this situation and I am scared to go back to work. We don't have any procedures to prevent robberies. No security, panic button...nothing. After taking with my manager, they don't have any intention to protect the employees. What can I do?!
This is in Atlanta, GA

Answer:
 Who robs a hotel? Do most places even still have a register? I figured nearly everyone pays by card these days; especially since you need one for incidentals.

It just seems like a low reward crime.


Title: Is there a legal way to sell/trade/give away my collection of aged craft beers so I can afford to see a specialist doctor? TX

Question:
A little back story:

I've been having a medical issue that requires me see a specialist. Unfortunately I lost my job last month and have no medical insurance whatsoever. Searching for local help has availed nothing so far.

I have about 12 cases of assorted craft beer that's been aging in my cellar for the last couple years. Life being what it is; I had to give up booze some time ago. I held onto my stash because the optimist in me had hoped to someday be able to return to beer bliss, but alas that glass is beyond half empty.

How can I legally turn a pile of useless alcohol into medical care. I'm not sure I could even qualify for a temporary license from the state. Even so; I can't afford the license fee(~$230). Hypothetically, if I did try to sell my beer anyway. How much trouble would I expect?

Answer:
 You applied for Medicaid?Answer #2: Not a lawyer, but the wife of someone who is very into craft beer. I know there have been multiple instances where he's bought into a raffle for a bottle where the proceeds go to help someone in need. Is something like that possible?

Also, all the best to you.


Title: (KY) Purchased an item via Facebook, but the item received was not as described.

Question:
I used Paypal to carry out the transaction, with a credit card as the source of money. I paid $515 for said item and shipping. Upon receiving the item in question, it was apparent that it was a different model than what was advertised to me on Facebook. I contacted the seller via Facebook requesting a refund, and they found excuses to delay the refund for roughly a week. After a week, they initiate a refund to me on Paypal for $502, of which, covered the cost of shipping the item to me. I agreed to these terms. I then ship the item back to the seller in good faith that our transaction was complete. After a week of the refund remaining in "Pending" status, the refund was cancelled. I have been informed by Paypal that the sellers account has insufficient funds, and they have no further way of assisting me.

I have tried to give detail and also remain brief. If anyone has any further questions for me, then please feel free to ask.

Any and all assistance would be greatly appreciated!

Answer: If you funded the payment via credit card then IMMEDIATELY dispute the transaction through your credit card provider. You need to do this before time runs out to do so.


Title: I found oil 15 feet under my land.. what should I do?

Question:
~~I was trying to dig out this ugly metal pole out of my yard, and realized it went really, really deep after not too long. My curiosity got the best of me and over the course of several years, with the help of a pick axe and a shovel, I dug a slant and I managed to get to the bottom of the pole so I could pull it out. Then I discovered porous rock, i've dug a little to the side and there is still some there.~~

~~My question is now, what do I do? Is it worth anything? Do I even own land this deep?~~

~~Kentucky, USA~~

Edit: definitely a septic tank.

Answer: I think this needs to be moved to tifu


Title: [MA] University Parking Permit

Question:
I [20'sM] go to one of the many Universities in Massachusetts. My home town is about a 20 minute drive away, also in MA.

At the beginning of the year, I paid for the only parking permit I was eligible for, which allowed me to park in a lot which is a 20 minute walk or 10-20 minute shuttle ride from my dorm room.

I recently had a family emergency, and went to the parking office on campus to request a temporary parking pass for the parking lot right outside my building so I would not waste time for the month or so that I would be going back and fourth to my home town daily. The student who was working there gave me a temporary pass valid through the end of the month, and instructed me to email the staff supervisor to extend the permit.

I then emailed the supervisor asking if I can extend the permit past the 31st. She said no. I was also given a ticket for parking in the wrong lot by the parking police even though I had the permit, but she told me that she would get rid of it.

However, I realized the student in the office (probably mistakenly) wrote that my first temporary permit was valid until 10/31/17 instead of 10/31/16.

Am I allowed to continue to use this permit? What do I do if I'm ticketed again with the permit? Can they tow me? I did not sign anything to get that specific permit. It does not say anything on the permit about the University being able to revoke it unless you alter it, which I did not do.

tl;dr I have a parking permit that expires a year after it was meant to. Can I continue to use it?
Topic:
Traffic and Parking

Answer:
 > Am I allowed to continue to use this permit?

Well,

> ...temporary pass valid through the end of the month, and instructed me to email the staff supervisor to extend the permit.  I then emailed the supervisor asking if I can extend the permit past the 31st. She said no.

One down.

> What do I do if I'm ticketed again with the permit?

Prior to expiration,  contact the staff.  Post- you pay the fine.

> Can they tow me?

Eventually.  Typically the progression goes fines -> boot -> tow.  YMMV.

They can revoke or alter the permit.  You can try to use it but (a) most people only look at the month/day; (b) the different years are typically different colors; and (c) if you get a ticket your only recourse would be to appeal to parking services who know you have an expiring permit.

TLDR safest course of action you already know: revert to the old pass November 1.


Title: Landlord informed us they will do random apartment checks in the coming months with only 2-4 hours notice. (Utah)

Question:
I live in a large apartment complex in Utah. The on-site management staff just sent an email stating that they reserve the right to perform "random apartment inspections" and that they will only be giving 2-4 hours notice. This notice will be provided by them taping a piece of paper to our doors.

I've re-read my lease, and it states they will provide 24-hour notice for such inspections, but reserve the right to enter any time they deem it to be an emergency.

Is this legal for them to do?

This is in Salt Lake City, Utah

Answer:
 That's a flat no.

If they rock up without giving 24 hour notice, don't let them in and remind them of the terms in the lease.Answer #2: "You may not enter." is a complete sentence you should be familiar with. If they enter anyway, call the ol cops cause they are trespassing.Answer #3: Sure it's not a typo? Perhaps the hyphen between the 2 and the 4 wasn't meant to be included?Answer #4: Send them a certified letter, return receipt, with a copy of your lease/rental agreement and/or a copy of the law and highlight the section that shows the 24 hour notice.

Put a cover letter on it that says they do not have permission to enter without 24 hour notice as noted in lease you both signed. You can verbally let them know and then follow up with that certified letter/return receipt.


Title: landlord threw out everything WITHOUT permission

Question:
some background: my mom my sister and I have been living with my mom's boyfriend for about a year. We have been pretty busy and haven't gotten to moving out of our old house, but we were still paying rent and all the other bills for it.

This April my mom texted the landlord (well call him Jon) to let him know that we would start moving soon. However, she gave no official notice.

Sidenote, the plumbing in the house is messed up, and the basement has had flooding issues. Jon was notified of this, and I believe that legally he is supposed to pay to have issues like this fixed.

earlier this week we visited the house to start packing, and needless to say, we were very surprised at the state of the house. It was nearly EMPTY. Apparently, Jon has been going through all the stuff in the house and throwing it away. And he never had the plumbing fixed, so everything in the basement was ruined. my mom is a mess, to the point of being suicidal. I had to miss school for a few days to take care of her. she lost EVERYTHING. Including keepsakes like things from her grandmother that are irreplaceable.

My question is, was it legal for Jon to do this? He entered the home without notifying us and caused us to lose thousands of dollars of belongings. Is there anything that can be done?

&#x200B;

Note: My sister's school is across the street from the house, and she says she saw Jon throwing things to the curb. we also have text evidence confirming that we gave no official notice and that Jon was the one who cleared the house out.

Answer:
 Your mother was a tenant. This amounts to throwing out her belongings while she still occupied the unit/house. She absolutely needs to file a police report for the missing items and document them best as she can. She will need to determine the state of them. If there are any neighbours or teachers at the school who saw the landlord throwing your belongings out, get them on board to report what they saw.

This is probably a tough time but your mom is going to want to talk to the police first, then her renters insurance about any damaged items still in your possession. Check the limit on small claims court in your area, but chances are good you'll exceed it. In this case, she will want to retain a lawyer to recoup the costs of lost belongings, any rent paid, and potentially other expenses like if you all had to stay in a hotel or such.Answer #2: Did she pay rent for May?Answer #3: GO TO THE POLICE.


Title: CA USA, OB Doctor of my sister retired and new doctor found out she losy one of the twins 15 weeks ago

Question:
Hi legaladvice,

I am using a throwaway since the matter is current.

My sister just delivered a baby boy today, but the other one did not make it. We are in California.

Dr#1 was her ob gyn up to 30th week. She said she have paternal twins, at 21st week ultrasound they said bith babies are healthy, 26th and 30th week she just did a 5 minute measurement and check up and said everything is totally fine and nothing to worry about and there are 2 healthy hearbeats. In summary, 2 ultrasounds, 2 x 5 minutes physical check only.

She then retired weeks later  (67) and she was referred to Dr#2 scheduled on 36th.

Then Dr#2 found her weight is lacking and ordered an ultrasound, 36th week. The tech and u/s doctor said the baby did not develop past 21st week and has passed. The babies were identical and she should have been checked up every 2 weeks for monitoring. Dr#1 did not do weight check, or fluids, just measurement of the stomach and heartbeat monitor since they were shocked of just hearing these numbers at that meeting.

Also all the statements Dr#1 said is contradicting like the fraternal vs identical. That test should be done only when she said so compared to every 2 weeks. Her fluids were never checked nor the weight of the babies. And she is classified as high risk but was not treated as such. Also

Additional info: When my brother in law got so angry but was calm, u/s Dr. suddenly changed her tone from it was incompetence of Dr#1 to everything was unnavoidable. Dr#2 on the checkup kind of hinted that nothing can be done and we are lucky we found out late. Wtf. Baby was dead 15 weeks before we found out, baby shower, baby shopping, and then suddenly returning stuff caused tremendous grief on my sister , even now blaming herself. He also said we are wasting our time getting 2nd opinion. That if we have known early the babies would needed to be extracted 22nd week but the fact remain she was high risk and was not treated so.

When I was talking to my friend who was a medical nurse explaining in the lowest voice I can to not be heard, I was told to shush and let the family grieve, so they were very cautious of me thinking I contacted a lawyer.

Now, after consulting more with some family that are in the medical field, they want to file a complaint at the Medical Board of California. Would that result in anything?

Also do we have a case against the doctor? Or what other actions can we do? The baby died and now they make it seem that misdiagnosis was ok and normal.

Edit: My sister and BIL is the one that want me to research on this. I let them grieve and did all the returning to help them. I am aware that everything is their call.

Answer:
 You need to speak to a medical malpractice attorney for a read on this.

Chief among your issues right now is that you don't have a medical opinion that something was wrong.  A poor outcome doesn't mean that the provider did something wrong.  The medmal attorney can help you find that person, if they think there's a case.Answer #2: 1) If anyone gets a lawyer, it is your sister and BIL -- not you. Stay out of it. It is their grief not yours. They may just want to move on over reliving this in a law office or something.

2) Med-mal is fact specific and a med-mal attorney can give your sister more precise advice. For example, aside from carrying a dead fetus 15 weeks what other harm was there outside of emotional to your sister? Did carrying that dead fetus adversely cause harm to your sister's or surviving baby's health? Sometimes even healthy pregnancies fail in the final moments -- that is life.

3) If Dr 1 retired, you can file a complaint but not sure what good it will do. It sounds like Dr 2 just walked in at the last moment when nothing could be done.


Title: Insubordination for refusing to work in multiple departments

Question: I'm a fulltime cashier in a beer and wine cafe in PA. I've worked retail grocery stores for years, random departments at different stores and companies. I was last transferred to the new cafe from dairy, before that I was 2nd shift in charge of the deli. My current store is busy, near densely populated with a lot of food stamp customers. My issue is I keep getting pulled off register to help deli. I used to be happy to help, but deli suffers from many issues. And I don't see eye to eye with a lot of things deli employees do. I have been told I must do the work I am told to do, which contradicts  my experience of always working a specific position with spelt out responsibility on budgeted hours from that department. Technically I'm supposed to be paid from both departments since my hours are split, it worked that way years ago different store same company. Now I just want one position, I'm not paid many more cents an hour than any of my coworkers, much less than most. I'm no brown noser, I shoot as straight as I'm able.

Answer:
 Start looking for another job. It seems like you don't like the job duties assigned to you. It also sounds like you're about to be fired anyway.Answer #2: You're in an at-will state. In the absence of a union agreement or a binding contract overriding that, your boss can fire you because it's Friday, let alone because you won't work multiple positions. Conversely, you can quit on the spot if you dislike your working conditions and your boss refuses to fix them.

If you're fired for this, apply for unemployment, appeal the inevitable denial, and cross your fingers. Beyond that, your only recourse would be to look for other work.


Title: [CA] Am I obligated to give my ex-roommate's mail to her?

Question:
My roommate recently moved out and is no longer on the lease. Her mail (junk mail, paystubs, DMV registration, etc.) keeps coming to our address. She wants me to collect all her mail and give it to her every week. For a variety of reasons - entitlement on her part being a big one - I just don't want to deal with her.

Am I legally obligated to play courier for her, or is it enough for me to write "RTS - not at this address" on the unopened envelopes and drop them back in the mail?

Answer: You are not obligated to play courier.  Return the mail to sender, and if she asks tell her what you did and for her to set up mail forwarding.


Title: Is cutting up the credit cards and giving your SO a monthly allowance financial abuse?

Question:
USA specific. Posting from GA to appease the location bot.

Not me, but I see this all the time on /r/personalfinance when someone's SO has a serious addiction to spending money/shopping/getting into debt. ([Like this.](http://np.reddit.com/r/personalfinance/comments/4r16fz/is_my_wifes_shopping_problem_something_i_can_help/)) The #1 piece of advice is "cut up their credit cards and give them a pre-paid debit card with a monthly allowance on it. That will teach him/her how to budget."

I guess it makes the most sense when it comes to someone who has no idea how to manage finances, but I'm wondering how legal it is.

Answer:
 I think that the tenor of the advice on /r/personalfinance on the matter is that it is a MUTUAL decision by both parties to set spending limits on the partner with the spending issues and having the other partner control finances, either permanently or until the partner with the problem gets the issue under control somehow.

Like someone with a drug problem having their partner dole out needed prescription medicines if they feel they can't trust him/herself to not relapse.


Title: [NM] Looking at a $500 fine and six months in jail after our dog bit a child who was trying to pick him up after he was attacked by two larger dogs.

Question:
Hello. I live in northern New Mexico. My boyfriend's father, John, is currently awaiting a trial date in regards to an incident that occured roughly two weeks ago.

John has a dog named Chester. Chester is small corgi mix. He is very people friendly, and has had no past displays of aggression of any kind.

The neighbors who live a few houses down the street have children who love to play with Chester. Our house has a fenced in yard, theirs does not. Chester often visits with them to chase a soccer ball around and just kinda hang out with them.

A couple of weeks ago, Chester was in their yard playing with them. Another neighbor's dogs (a german shepard and a large mixed breed) got out of their fence and attacked Chester. They ripped open his side and broke four of his ribs.

The kids that were playing with Chester managed to chase off the two dogs. The two older children came to John's house to tell him what had happened, while the younger one stayed with Chester. The younger child tried to pick Chester up, and when she did, he bit her.

We took Chester to the vet and the dogs that attacked him were put in quarantine because they did not have their shots. Chester is all stapled and stitched up and doing better now.

John is looking at a $500 dollar fine and six months in jail because Chester bit the girl who was trying to pick her up after he was attacked. While Chester did bite her, he did so because he was terrified and in an extreme amount of pain, not as an outward act of aggression.

The fine and jail time are both coming from the city. The family of the little girl is not pressing charges against John. We are trying to help John prepare for the trial, and would appreciate any advice you can offer.

I can provide more details if you need them. I apologize for formatting strangeness - I am on mobile.

Answer: What is your question? The answer is get a lawyer. A criminal defense lawyer. You can also sue the owner of the other dogs for the damage their dogs did to yours.  Answer #2: What crime has he been charged with that could result in a 6 month jail sentence?Answer #3: What is john being charged with? Does he have a lawyer?


Title: [PA] I was hit by a drunk driver and have not had much support from LE. After two years, I finally tracked him down. Is there any chance of getting some type of justice?

Question:
I was wondering if I have any chance of getting this person charged.

I've received little help from law enforcement in tracking this person down. I know that there are bigger fish to fry, but the evidence has just been sitting there for years. I just want to know if there is anything I can do.

I was hit by an intoxicated driver who was coming from the parking lot of a business. He sideswiped me into oncoming traffic and I subsequently hit a car head on.

There were several witnesses that stopped and gave information to police. Including an ambulance that was behind me. At the scene, a good samaritan that chased down the car to get a picture of the plate. I was assured that the police had everything they needed. They told me I was to receive a call from a detective. I never did.

I called and left messages, I called the business where the driver had visited and asked them to hold the footage until I could get a subpoena. Tried traffic cameras with no response. The police report did not have witnesses listed but I knew they were written down somewhere.

A few days after the crash, my insurance company said my car wasn't on my policy. I spent the next few weeks hiring an attorney and pursuing a lawsuit against them.

A month later, on one of my dozen phone calls, the detective happened to be at his desk. He told me the initial detective retired and I pleaded with him to go through the notes to find the license plate. It took him 2 minutes to find it.

My personal injury lawyer was able to get the owner's information/insurance. I was told the owner lent a car to a friend.

My lawyer also revealed the mistakes my own insurance company made. My car was totaled and they paid out this year. My medical expenses far exceeded the policy limits but at least I got the car covered.

It also took me until this year to get a copy of the footage that shows the crash (somewhat) but it is obvious who is at fault. I also combed through the footage and found clear pictures of the driver inside the business and poorly driving through the parking lot.

Up until this point, the police told me the driver was unidentified. I did some further digging into the claim on the vehicle owner's Geico policy. Low and behold, the name of the driver is on the claim.

I know I should move on, count myself lucky... blah blah blah.

But, I sustained injuries that forced me to drop out of college. I'm now being supported by my parents because I can't hold a job. I'm a month away from being off their insurance and I don't even know what's next.

All I want is to see this man charged with SOMETHING. I don't care about money or anything. I just want some type of justice to help me sleep at night.

Thank you

Topic:
Criminal Law

Answer:
 You can't control whether he is charged.

You can notify your insurance company and they'll try to get their money out of him and his insurance, which will cause his rates to go up.

Also, you can sue, if you with the help of your attorney can identify damages that weren't covered by your insurance. Answer #2: Has it actually been over two years at this point?  PA has a two year statute of limitations on civil actions for bodily injury and property damage.  You should discuss your options with your attorney at your earliest opportunity, because if you wait too long, you won't be able to do anything at all.


Title: Received a report that my vehicle was in an accident...I was never in any accident.

Question:
So I just got a blank accident report in the mail. There's a date on it, and the guy's name who's filing the claim, but aside from that it just instructs me to fill out the form and mail it back. I was never in any accident. I wasn't even on the road on the day he's claiming. There's no information about place or time, or even anything about the other guy's car. Seems pretty strange that they'd ask *me* to fill out the form when I'm not the one making the claim...?

I have the number for the guy's insurance on the form so I can call them tomorrow when they open, but how should I go about handling this? I don't want my insurance to go up for something I didn't do, especially when I have a clean record up to this point.

Thanks guys!

Answer: Call the listed insurance company tomorrow, let them know you were never involved in an accident on that date.


Title: US citizenship residence requirement

Question: I've been in the us for 4 years. 3 on a student non-immigrant visa and 1 as a green card holder. Do I have one year left before I can apply for citizenhip or 4 years?

Answer:
 4 years. You've only been a permanent resident for 1 year.Answer #2: The physical presence in the US must be as a Permanent Resident. So 4.

>[8 U.S. Code § 1427](https://www.law.cornell.edu/uscode/text/8/1427) - Requirements of naturalization

>(a)Residence

>No person, except as otherwise provided in this subchapter, shall be naturalized unless such applicant, (1) immediately preceding the date of filing his application for naturalization has resided continuously, ***after being lawfully admitted for permanent residence***, within the United States for at least five years and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months, (2) has resided continuously within the United States from the date of the application up to the time of admission to citizenship, and (3) during all the periods referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States.

Unless you got your green card through marriage to a USC. Then it's 3 years; so you'd have two left.


Title: Careless Driving Ticket [NJ]

Question: Today I got my first careless driving ticket. It technically should have been reckless driving, but he bumped it down due to this being my first offense. I was going 63 in a 40, so I’m thankful he did this but I was wondering if I should go to court to try and reduce this further so that it does not affect my insurance? Thank you!

Answer:
 Sure, you can try that.  And you might even get it reduced or you could hire a lawyer to try to get it reduced.

On the other hand, the officer may show up, though, and paint you as someone who is ungrateful and clearly hasn't learned his/her lesson and the prosecutor may elect to re-instate a reckless charge and then the judge can decide.  It's important to note that nowhere have you said you didn't commit the offense (going 63 in a 40).  So you're walking into a courtroom with no actual evidence of innocence and just hoping to get cut an additional break.

It's your gamble.  I think most people are grateful when they're cut a break, pay the fine, accept the consequences, and move on, but I cannot say that trying to fight it further would be unsuccessful with absolute certainty.  But it could also lead to more severe consequences than what you're facing now.


Title: If somebody sued me, do they have legal access to my hard drive, emails, etc.?

Question: If someone sued for whatever reason, would they and their lawyers have the ability to go through my emails, hard drive, text messages, photos, etc.? Seems like a massive breach of privacy.

Answer:
 It depends. Is the information contained on those hard drives or in those emails germane to the lawsuit? Then yes, you would be required to hand that stuff over as part of the discovery process. And that makes sense, because that evidence is needed for the lawsuit.

That said, you would not be required to hand over everything. If you’re being sued because of a breach of contract — for example, you agreed to sculpt a life-size model of Chewbacca out of Velveeta — you’d be required to hand over anything pertaining to that contract, like any emails with the terms of the contract, or any texts you sent to your buddy about how you planned to use Parmesan instead of Velveeta. You would not be required to hand over your 1TB collection of clown porn, or that 100k Mac/PC fanfic stored in your Google Docs.Answer #2: They can ask the courts to order you to produce records germane to the suit. A subpoena that broad would be easily quashed, but a more targeted one would likely hold up.


Title: Insane roommate help

Question: I live in California me and my wife have a roommate that is not on our lease and we never made one with him. Recently the roommates been acting odd he use to have drug problems and we think he may again. Yesterday he cleaned out cat boxes and poured them in the kitchen trash when asked to go pour it out he decides to pour cat litter and cat shit all over our living room carpet. We told him we would not clean up his tantrum later that night he was drinking and smoking coming out throwing cigarette butts and beer bottles on the carpet. One of the bottles broke my dog starts barking at our room door I open it and he has placed shards of glass outside me and my wifes door  my ten year old niece was staying the night with us. He is trying to hurt my wife and ten year old niece and cops are trying to tell all I can do is try to sue him for ruining the carpet. Is this legal he can put glass outside someone's door for a child to step on and nothing can be done? My wife's scared and I'm scared that I'm going to have to handle this outside the law.   Please what do I do I need help.

Answer:
 If you want him to move out, you can follow the process where you live to remove a month to month tenant which starts by giving written notice. Some locations CA have more specific requirements so you want to make sure you are following the process for where you live.Answer #2: You should call the police for the glass incident and/or damage to the home, and start the eviction process immediately. You can likely give a 3-day eviction notice as your roommate has met many of the requirements. At day four, you file for an emergency eviction with your local courthouse.

[Source](http://www.dca.ca.gov/publications/landlordbook/terminations.shtml)


Title: License was suspended and court date keeps getting adjourned. It's been 3 months, does this count towards my suspension time?

Question: I am from Sydney Australia. My driving license was suspended on the spot in Feb for drink driving (high range). I did a blood test and got the charge dropped down to mid range. I've had court scheduled about 5 times now and they've all been adjourned for many reasons. My question is, all this time I've been waiting for my court date, will this count towards my suspension time? I believe its a minimum 1 year suspension. My next court date is set for May 16th

Answer: It usually will. The suspension is minimum 6 months for mid-range drink driving if it's a first offence.


Title: Recieved a toll while travelling, went across a bridge that from my knowledge was not marked; The Kennedy Bridge in Kentucky. Recieved a letter weeks later with a picture of my license plate and information about the money I supposedly owe.

Question: [deleted]

Answer:
 It is, in fact, a toll bridge, and you owe the toll. If you don't pay it, best case it'll go to collections and ding your credit; worst case, the state issues a warrant for your arrest to force you to appear before the court. It'd be non-extraditable, but it'll show up on background checks and so on and generally make your life difficult until you appear.Answer #2: > I didn't know that this toll system was in place so did I even consent?

Did you not see the large signs saying that you were approaching a toll bridge?Answer #3: >I'm an Indiana resident and I didn't know that this toll system was in place so did I even consent?

You used the road. You consented.

>I've just learned they have a service number that I will try to call.

They'll have a better answer than we will.


Title: Does my recent arrest make me inadmissible into Canada?

Question:
I am a California resident who was arrested and booked 2 weeks ago (July 17) in Vermont, and charged with Negligent Operation of a Vehicle and Excessive Speed.
I pled Guilty and paid all fines and fees, and returned to California.
This was my first & only arrest.. I didn't even have any prior points on my driving record.
I have travel plans to fly into Vancouver next Tuesday (Aug 7th) and am very concerned that I won't be admitted into the country because of my newly tainted record. All my research on the subject has been inconclusive because there's no clear indication of the exact charges that do and do not cause inadmission.

FYI The CA DMV has not yet been notified of my charge (upon which they will have to translate it to the California equivalent charge.. likely Reckless Operation.)
I tried to apply for an ETA (Electronic Travel Authorization) to prepare for the possibility of trouble at the border, but I cannot apply with a US passport (since no visa is required to travel from US).

Does anyone have any experience or expertise on this sort of matter? I'm at a loss.. I'm super nervous to just show up with the possibility of being turned away, as I'm traveling with my dad and I have a hotel booked in Vancouver, an AirBnB in Whistler, etc.. all this would go down the drain if I'm denied entry of course.

Do you think I'll get in? What can I do to prepare??

Answer:
 Okay so I am not a lawyer, but I've watched a ton of Canada border security (where they explain these rules) and also did some research. How much were you speeding?

Here is the immigration act for Canada and the applicable section:
http://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-8.html#h-23

Also, on this website, it goes in to detail about reckless driving and careless driving and which are inadmissible.

https://globalcrossingimmigration.com/admissibility-old/what-are-the-top-offences-that-can-bar-you-to-canada/

Do you know what class or level/degree you were charged with?

If anything, contact an immigration attorney to verify because some laws in the US and even in certain states translate to different laws in Canada.

Depending on what Vermont law you broke could equate to either careless driving (admissible) or reckless driving (inadmissible).

TL;DR - Ask an immigration attorney, especially since laws are different and you have a trip planned.


Title: I hit a pedestrian with my car

Question:
Let me preface this post by saying I am 100% at fault for the incident. On Friday morning while attempting to make a right turn, I hit a young boy (~14-16 years old) with my car. It was early morning and I never saw him. The sun was right in my eyes. The passenger in my car saw him, but was late to warn me.I hit the boy going ~ 10-15mph. I pulled the car over and assisted him while telling him I was going to call an ambulance. The boy had some minor scrapes and a banged up elbow. He kept telling me no, to not call anyone and just take him to his moms house ~ 1 block away. I took him to his house and spoke with his mom. I exchanged my contact information with her and told her he probably still needed to get some tests done to make sure there wasn’t any trauma. I have since spoke with the mom, and she told me there were no real injuries sustained after taking him to the hospital.

Here is where I think I goofed. A police report was never filed. I obviously want to be held accountable for the accident, and I feel financially responsible for paying for the tests done etc. what is the course of action for me? Do I still file a police report and notify my insurance of the incident? She told me she would let me know when she received the hospital bill, however I’m not sure if they have insurance. I want to pay for the hospital bills, but I also don’t want to completely shoot myself in the foot and be surprised with a massive bill. Any insight into this would be greatly appreciated. Thankfully the boy is okay, however this whole incident has me shooken up quite a bit.

Answer: You don't need a police report and if a hospital bill comes back that's too large for you to pay out of pocket you file a claim with your car insurance.Answer #2: You are 100% responsible for all the medical bills. Contact your insurance company right away. Don't worry about a police report at this point.Answer #3: Be advised that if they have insurance you may get a bill for the deductible that they paid at the hospital but then also their health insurance company will look to subrogate the portion they paid to you.  So don't think it is all over with the 150 bucks or so the mom gets in the mail.  If they went to the emergency room instead of just seeing a primary care provider or urgent care you are looking at several thousand.


Title: [FL] A canvasser from the Democratic Party came to my door with a photocopy of my provisional ballot envelope asking me to fill out a challenge form. Is this legal? (details inside)

Question: [removed]

Answer: Do you want your ballot to be counted? If you do, then you should do what that guy suggests.


Title: Received $15,000 worth of jewelry in the mail. UPS reported the package lost so the company sent the same jewelry again. Ended up getting both. Do I have to return the second order? Could I sell it?

Answer:
 Pay for it or return it.

A simple mistake doesn't mean "free $15,000 worth of jewelry."Answer #2: I would find it hard to beleive that a package with $15k worth of merchandise wouldn't have tracking on it. So I would definitely be returning it before they realize that you got both packages.


Title: Non-renters come to our apartment after hours to use the pool, and keep us awake.

Question:
People from all over town have figured out that our apartment complex's pool and hot tub don't get locked at night, and are using it as a public pool. We live in Wyoming, USA.

We've made complaints to the landlord, and to the police. The police must have contacted the landlord, as we've noticed an employee coming by at 10pm each night to kick out pool-goers (when pools hours are supposed to end). The trouble is the people who don't live here coming too (more people = more noise) and the people that come by after 10pm - the employee that kicks people out at 10pm doesn't come by again after that.

It's starting to be a hot summer, and it is every. single. night. There is an 8 ft tall gate all around the pool/hot tub, but the landlord never locks it.

When we first moved in, the apartment complex seemed very nice, lots of adults working long hours and young families. But now, it's like living next to a frat house on a Saturday night. The noise pollution is absurd. About half the time, we go down and kick people out of the pool ourselves or ask them to be quiet. Sometimes people get in our face about it (especially the people that don't live here). What are our rights as renters?

UPDATE: The woman at the front office told me that they've started locking the gates this week. The past two nights we've still had to ask people to leave after hours by shouting through the gate because they've actually jumped it (or forced it open? I'm not sure). Someone else must have called the police last night shortly after I tried talking to them, as the cops came to kick them out. Since the gate is apparently not much of a deterrent, our plan is call the cops every single time it happens. If it gets often enough, we believe (or more just hope, really) the police will come down harder on the apartment complex about their preventative measures.

Thank you all so much for your advice. We've rented for years in other locales but had no experience with this type of problem. Thanks guys and gals!

UPDATE 2: The woman at the front desk lied. I just saw a group of kids walk in right through the gate. THE LOCK IS A LIE

Answer:
 Call the cops.Answer #2: My complex's pool has a key fob that all of the tenants use to get in 24/7. That way, non residents can't get in ever, and tenants can still use the gym.

It would cost the landlord money but save him liability in the long run.


Title: Issues with disgusting next door neighbor.

Question:
Hey all,

Thanks in advance for the help.  My wife and I bought a house and moved in a few months ago, and turns out we have a pretty terrible neighbor next to us.  He's in his early 80's and appears to not be all with it mentally.  He lives with his wife, his daughter (who was recently foreclosed on so all her stuff sits in their driveway), and their grandson.

The problems started early, with him (the neighbor) coming over at night and stealing the lightbulbs from the light we have on our porch.  Apparently he is a bit of a thief and a hoarder.  He constantly goes trash can to trash can in the neighborhood to see what he can steal.   Keep in mind this is a nice neighborhood in Austin, TX, with average house prices around $300,000, he has just been living here since 1970.

It got worse from there.  We installed a security camera in the front of the house when the lightbulbs began missing, so we have footage of all the following.  He goes through mailboxes one a week.  Doesn't take anything, but opens them and looks in.  He also urinates into jars and dumps them into the street, in front of our drive way.  We have a rain collecting barrel by our garage, and I have footage of him walking up our garage and messing with the barrel a few times.

So, my question is, what legal recourse do I have here?  Obviously the trash thing isn't illegal if its on the curb, but the dumping of urine in the street and the going through mailboxes?  Also him coming on to my property a few times?  I don't want to be a bad neighbor, but this crap has to stop.  We have confronted him and his family about it a few times, but that doesn't seem to have resulted in any changes.

Answer:
 You can call the police if you catch him on video stealing something, but that's about it, and I doubt it will come to anything.

You can also call adult protective services if you think he's being neglected or a danger. But he's probably being taken care of.

Document each time you've confronted him and each time you contact the police about trespassing. That way if he falls and injures himself in the middle of the night, you'll be less liable. Answer #2: Call adult protective services. Inform them that this neighbor is wandering the streets and appears to be suffering from dementia or mental illness. Tell them what he is doing and tell them you are afraid for his safety. He could easily fall or be injured on neighbors property.
If that doesn't pan out you can try other listed options.


Title: Friend's dogs bit her mom's friend. That friend is now suing and my friend has a last chance to appeal the court decision to put down the dogs. Please help!

Question:
Location:  LOS ANGELES, CALIFORNIA, USA

Friend has 2 Tibetan Mastiffs which are kept in her yard which is FULLY fenced.  Most of the time, they are kept in an interior fenced area that's just for them.

Her mom's friend came into the yard (unannounced) and its unsure whether she let the dogs out of the fence or if she went up to the dogs without announcement and scared the dogs to the point they somehow got out.  I've been in her yard before when I was introduced to the dogs.  You have to earn their trust before they accept you as part of the "clan"

The dogs bit her since she was a stranger and approached them.

The dogs do not have rabies and are regularly taken to vet.  They are licensed and they are well taken care of.  My friend loves dogs and has 5 dogs.

Personally I would never approach a strange dog without consulting the owner first - something this friend did not do.  Please help us.  This is my best friend.  She is severely depressed and I can't bear to see her in this situation.

Also, I am helping her find lawyers.  Are personal injury lawyers what we need to find?

Thank you for all advice.

Answer:
 So, you mention a "last chance to appeal" , which in my understanding means a judgement has already been passed ordering the euthanization of the animal?

Please clarify. Has your friend's mother actually been served a suit? What are the damages sought by the plaintiff?


Title: Doctor's office refuses to release medical records to me (Florida)

Question: So I went to my psychiatrist and requested my records be forwarded to another doctor's office, and also requested a physical copy for my own records. I no longer see this psychiatrist due to a change in insurance, but I still need their records, and the receptionist stonewalled me. She said she could not, by law, release any records to me including a medical records summary. I've been disabled for nigh unto a decade now and I know that's simply not true. I have it on video, actually, confirming that she indeed would not release them, but I have no idea what  to do now. I'm pretty ticked about it to be honest. Any advice? I have a video of the incident but it's still processing, will update with it later once it's done and I have confirmed there's no identifying information in it.

Answer: If these records are the doctor's notes about you then they are correct they do not have to release them.


Title: CEO tells me to go fuck myself when asking about final paycheck

Question:
So here is the back story, I was a junior programmer (contractor) at LS inc and quit when the programmer position became a social-media-spamming position. I was doing other work aside from coding that I thought was a waste of my time for over 2 weeks so I decided quitting would be best. I gave a 48 hour notice and said I would complete my projects from home. We spoke briefly over the phone and I told him I would stay longer if he needed me until he hired someone new. He then proceeded to start lecturing me about not giving a 2 weeks notice and I told him lets just cut ties now and emailed my final invoice. My official end date was June 30, 2015 and I have not received my paycheck yet. I live 4 miles away from the office and even told him that I was going to pick up the check at the office but was told that it would be mailed to me when I went to drop the office keys and a parking permit off. Below is my email chain from today when I asked about my final paycheck (this was the second email I sent about this since I did not receive a response to the first):

Additional info:
State of employment: California
**How should I move forward with this if he decides to never pay?**

**2:45 PM (6 hours ago)**
**to CEO**

*Greetings,*

*I have not heard any response about my final paycheck. Am I to assume that it is never coming in the mail as requested or has it been sent? Please let me know the status and for your convenience I have copied and pasted labor code section 202 below for your reading as to the law concerning final wages.*

*An employee without a written employment contract for a definite period of time who quits without giving 72 hours prior notice must be paid all of his or her wages, including accrued vacation, within 72 hours of quitting. An employee who quits without giving 72-hours prior notice may request that his or her final wage payment be mailed to a designated address. The date of mailing will be considered the date of payment for purposes of the requirement to provide payment within 72 hours of the notice of quitting. Labor Code Section 202*

*I do not need to hear your excuses/reasoning or another lecture. Just send the paycheck if it has not been sent.*

*Take care of this immediately,*

**3:02 PM (5 hours ago)**
**to me**
*Hi,*

*We comply will all relevant laws.*

*As for the tone of your email, please feel free to go fuck yourself.*

*No further correspondence.*

*Sincerely,*

*CEO*
*President*
*Company*

**3:16 PM (5 hours ago)**
**to CEO**
*Thank you for your email! This will work nicely for me when I take you to court for wage penalties. You're professionalism is outstanding! I hope when I see you in person you keep that attitude too. Your office is 4 miles from where I live. I have absolutely no problem talking to you in person about this if you like, sir. Just tell me when you would like to set up a meeting and I will gladly meet with you.*

Topic:
Douche

Answer: If you really are a contractor, which, given that you invoice for your work, it sounds like, then that Labor Code section probably doesn't apply to you.  You're not an "employee."


Title: Officers Come to wrong address with guns drawn on my mom.

Question:
My mom who recently had spine surgery and lost her home, is staying with me at my apartment. I went down the street to watch football with some friends and around 10 cops came banging on my door with guns drawn. My mom was grabbed by the arm and pulled out of the apartment. She was hyperventilating while they searched it and then they realized they came to the wrong address. They then left and eventually came back after resolving the other situation. They were given the address 1155 by the dispatcher and came to 1145 which is mine. They brought a trauma specialist to speak with her and apologized, but I’m wondering if there’s a way to take further legal action. She is genuinely traumatized by this.

Also, the cops were all wearing cams on them.

Thanks for your help.

Answer:
 >She is genuinely traumatized by this.

What are her damages?


Title: Cleaning people threw out all my stuff

Question:
Not me, but my subletter.

I rented an apartment in Boston near a major university that I attend. After living there for 8 months with continuous landlord issues (holes in brick that left the inside exposed to outside temperature so it was barely above legal temp inside or boiling with 1-setting heater on, and many other things) I decided to move out in May when my SO graduated to be closer to his job. I decided sublet the apartment to a fellow student at my university (that I did not know before hand, but have grown to trust from my interactions with her). She paid all the rent directly to the landlord with a check in her name for the last 3 months (I got receipts with this in my email). I never got the sublet formally OK'd with the landlord, but the checks were accepted and again, sketchy landlord so everyone just sublets without trying to contact them as the landlord (company) is basically unreachable.

The lease is up tomorrow and today at 5 I got a call from my subletter asking if I had hired a cleaning service as all their stuff has been thrown out (everything except furniture). I told her that I did not and that this is definitely illegal (i read this thread enough to know you can't throw someone's stuff out, especially without notice) and told her to call the landlord immediately.

Will there be any issues with this being an undisclosed (illegal?) sublet? Is there anything else we can do to make sure she gets her stuff back (or at least is compensated for it?)

Answer:
 You have to call the landlord. It is your lease, not hers that he violated. Answer #2: Regardless of her being an illegal sublet, nobody contacted you or asked you, the leaseholder, about entering the apartment or removing anything, so they are definitely in the wrong (like, what proof do they have that any of that stuff wasn't YOURS anyway?)

> The least isn't up until tomorrow

When were you supposed to hand over the keys? I feel like you normally have until midnight, assuming the people were moving in September 1st.Answer #3: You need to work with the landlord to get this straightened out.  Don't tell her to call, that will just cause more complications.


Title: My mom's been forging my signature on SS checks... PLEASE HELP

Question: I've gotten social security death benefits since I was 17 from my dad. I realized my mom has been forging my signature and cashing those checks since I turned 18 in October. I live in Colorado and my mom and i have been having problems ever since my dad died and i am moving out after i finish high school. I really need that money and it is quite a lot as i am attending college in the fall and she is no longer paying for my expenses. Please help i need to know my options or what i should do.

Answer:
 That money is to help support you.  Since you are living at home it is helping to pay for your food, shelter, utilities, clothes, etc.  It stops when you graduate from high school, so it won't help you in college.  Answer #2: Benefits end when the child turns 18, unless they are in grade 12 at 19. So, yours would stop in May/June. It's not a life long payment. It's kind of like child support from the government. If your parent has worked long enough to qualify for social security at the time of their death.

http://www.ssa.gov/pubs/EN-05-10085.pdfAnswer #3: Can you rent a PO Box and contact the social security office and have them send the checks there? A legal solution could be getting your mom investigated for SS fraud.Answer #4: I receive SS death benefit for my daughter.
OP, your mother is not committing fraud. Her name are on the checks and she is the only one legally allowed to receive and cash the checks. Your name will also be on the checks but you can't cash them. The SS will stop the month you graduate from HS. SS death benefit works like child support and is for the financial support of a minor child.
A representative payee (your mother) has to fill out a form every year stating how the SS death benefit was used for the child that year. If you believe you mother is not using it properly you can contact SS administration. However, if the household bills, cost of medical, cost of food, clothing, extracurricular activities, and anything else you use amount to more than the amount of the check then you won't have a case because that is specifically what SS administration wants the check used for.


Title: Got a ticket for being under aged in a casino, drinking, and providing false information to an officer...

Question:
Alright so.. my friends dragged me to a casino after asking multiple times for them to leave me behind. Finally I broke down. We came in, the man ID'd me, everything worked. Then the bartender came around and my dumb ass ordered a drink.
I didn't gamble but I was watching everyone and a man walks up and asks for my ID. I hand it over and he walks away. Next thing I know he comes back and says that the state my fake is from has never heard of me. He asks if I have any other forms of ID on me so I show him my debit card which has my name on it. Finally I admit that I'm not 21 and give him my real ID. At this point he says that you provided false information to an officer, even though he never showed me his badge. I didn't see his badge until he called my friends over.

Worst part about all of this is that I live across the country from the state my charge is in... I'm going to try to find an attorney to go to court for me but in the meantime hopefully everyone on here might have some solid legal advice for me until then.

Also, I was told there's laws about me not having to admit to my employer about my charges until I'm convicted. But I work for the government and I don't want to not say anything and them find out about it.

Answer: Do you have a question?


Title: Virginia - Got "served" a summons meant for previous tenant.

Question:
Hello Legal Advice.

As I was working from home today, the doorbell rang.  I didn't answer it, as I wasn't expecting anyone and 9/10 times it's an Amazon delivery (1/10 a Jehovah's Witness).  A little while later, I left to grab lunch, and there was a summons rubber-banded to my doorknob.  Facts:

* It is titled "Garnishment Summons".  This summons is named to the previous tenant (who caused substantial damages to the residence that were fixed before we moved in one month ago.)
* It includes the options for the dude to answer in writing, appear in court, or deliver payment
* Spotsylvania District Court
* Includes a hearing date/time
* Includes contact info for my rental management company (Creditor), the Attorney, the Debtor's Name (SERVE), the Bank info, which is listed as "Garnishee's Name", and Court info.
* It is a substantial amount- $20K+

Who should I contact about this?  My rental company?  The attorney's office?  The dude getting served?  If owed, I want to make sure that my rental company gets the money they are owed and don't lose out due to an improper summons or something like that.  Also, it seems the decent thing to do would be to allow the guy to at least have his day in court, which he doesn't know about because I live here now and got the summons.

What do?

Answer: Return it to the rental office with a note he doesn't live there. You don't need to get involved any more than that.


Title: Father-in-law's "other woman" now making threats against my wife

Question:
Throwaway for obvious reasons.  Anyways, I'm not really sure where to start here considering it will be hard to be vague about some things.

So, long story short, my wife's father has been having an affair with a women who has proven herself insane for a while now.  About a month ago he checked himself into in inpatient rehab facility.  While there, he did not talk to his "mistress" very often and she started getting desperate.  She extorted money and valuables (laptop, ipad, etc.) and also stole thousands of dollars from them.  She also texted my mother-in-law various things.  My father-in-law and his actual wife finally went to an attorney who deals with this type of thing pretty often to figure out what to do.  The attorney told them to wait it out because it will all blow over, but in the mean time to stop talking to the other woman immediately and completely.  He did, and that's when things started getting worse.  First, she started making threats to my mother-in-law that she is going call the police on him for unproven things and that she will go to the local newspaper to and tell them the their story.  Also, because the mistress has access to his email and social media, she took control of all of all of it (changing passwords) and began making post on his FB page.  Essentially, she posted a large number of pics of the two of them together, posted to everyone that he was in a rehab facility (very much without his consent), and told everyone who she is along with other very private things.
Since my father-in-law has not responded at all to her in over a week now, she getting more desperate and is making threats against my wife (and to a very much lesser degree, myself).  Since she has access to basically everything of his and his contacts she knows where my wife and I both live and work.  One of her new threats is that she will be calling my wife’s boss if my wife’s father does not call her.  I don’t know if she will or not, but all of this wreaking havoc on my wife and her mother/father will not go to the police because of a) pride and b) the attorney told it will just blow over.  Now that the mistress has made threats against my wife, would it be a wise move for the two of use to talk to an attorney ourselves or just go to the police ourselves?  What would be a good course of action?

Answer:
 Wait, you father who cheated on his wife won't contact the police because of pride...?  That's hilarious.

Your father should follow his lawyer's advice.  If his Facebook and emails have been hijacked, contact Facebook and his email provider to recover the accounts, and change the passwords to something better.


Title: Bat luck in Indonesia

Question:
I've been very lucky during my travels in Indonesia, and I didn't have any medical problems until last week, when my luck run out.

So what happened was that I was driving 40k on my bike at night, when a bat flew against and partly in my mouth, touching my teeth and tongue. The bat was stunned for a minute before it flew away. Disgusted by the event I drove home, and did some research on rabies contamination. A friend, who's a tropical disease doctor, advised me to get a rabies shots asap, as this kind of saliva on saliva contact fits the type 3 of exposure, which has the highest risk of infection.

The same night I was able to get the vaccine injections, but it wasn't until the next day that I could find the essential immunoglobulin shots. As these were around 3300 euros, I contacted my insurance first.

Here comes the catch. My travel insurance told me I was not covered anymore, because I had exceeded the maximum of 180 days of travelling. However, I chose this insurance specifically because it covered me for 365 days. After a quick search I found out that the comparison website I used, prijsvergelijk.nl/reisverzekeringen , tricked me into thinking I was insured for a year. After narrowing down the search with a world cover and a 365 days travel lit, aegon was one of the options that popped up. I made the mistake not to double check the terms and conditions of my Aegon insurance.

Fact is, my Dutch health insurance presumably only covers around 40 to 50%, since the shots are not as expensive in the Netherlands. As I was near the end of my travels, this incident was a big hit on my bank-account.

I get that my travel insurance is not responsible for this mistake, but I'm wondering to what extent this comparing website is.

P.s. I have a screenshot of the website saying the specific travel insurance covers trips of 365 days.

Answer:
 The disclaimer of prijsvergelijk.nl states
>De inhoud van de door Prijsvergelijk gepubliceerde en samengestelde pagina`s is ontleend aan betrouwbaar geachte bronnen. Voor de juistheid en volledigheid van de genoemde feiten, meningen, verwachtingen en uitkomsten staan wij niet in. [...]  Het is de verantwoordelijkheid van de consument om zich er van te vergewissen dat de producten en/of diensten en de leveranciers daarvan voldoen aan de door de betreffende consument te stellen eisen en verlangens.

Which roughly translates to: we are not responsible for anything you read on our site.

>I made the mistake not to double check the terms and conditions of my Aegon insurance.

Guess you learned a life lesson of ~1500 euros no to read the terms of the insurance you buy instead of relying on 'prijsvergelijkingswebsites'. Your screenshot is worthless.Answer #2: IANAL, and what I do know does not pertain to Dutch or Indonesian law, but I think the key here is "I made the mistake not to double check the terms and conditions of my Aegon insurance." If this were the US, I might expect that the website might only be responsible for a refund of the travel insurance cost. I will be very happy if someone who does know Dutch law comes along to prove me wrong.


Title: (Ohio, USA) Is it possible to sue a state college?

Question: [removed]

Answer:
 Most of your post is irrelevant.

1. You deliberately chose *not* to take a test the teacher gave you for a grade. Since when do students get to decide whether or not the test is wrong; whether or not the teacher should give them a new test? The real world does not work like that. If you had an issue, the proper course is to take the test, then bring your concerns to the professor.
2. You were lucky to get a second chance to take tests. Once that option was given to you, it is your duty to find out when they are due. Unless your professor (or someone higher) told you a due date and they changed it to earlier, this is on you.


Title: [MA] Subpoena'd as a witness. Do they owe me compensation for travel and wages missed?

Question:
Hi all. Back in the summer a truck sideswiped me while running from the police. I received a subpoena to appear in court to witness. It looks like the charges are being pressed by the state.

I'm being called specifically for assault and battery with a dangerous weapon, but there's other charges like leaving the scene of property damage, resisting arrest , driving with a suspended license, ect.

My issue is that the case is being held in court an hour away from my house and the date keeps getting rescheduled; I have to go back for the THIRD day later this month. I'm 6 months pregnant, aside from being a giant pain in the ass, I'm losing a lot of my sick time that I wanted to use for doctors appointments. Does the state owe me any compensation for gas and missed wages?

Answer:
 > Does the state owe me any compensation for gas and missed wages?

The state owes you mileage plus a $6.00/day witness fee.


Title: Friend denied a public defender for .634g if marijuana concentrate, he can’t afford a lawyer

Question: My friend got denied a public defender because he makes too much as a pizza delivery man. He can’t afford a lawyer without selling his car and he doesn’t know what to do.

Answer: If the court determined that his financial situation didn’t make him truly “indigent”, there’s not much he can do. Search for legal aid organization or try and find a private attorney that will accept a payment plan.


Title: [CA] Seller Authorized Tree Removal After Close of Escrow, Did Not Disclose

Question:
Closed on a house this past Tuesday May 7th. The trees were there on Wednesday when I posted the notice of change of ownership as well as my contact information etc.

This is a rental property with 4 tenant occupied units currently.

The seller disclosed that "Neighboring owner would trim trees".

When I went to the property on Thursday I noticed that 2 trees were removed completely, cut down to the ground. One tree had its canopy reduced about 20 feet up. These were 2 pine trees with approximately a 72 in circumference (over 100 years old I assume).

I had an email from one of the tenants at 8:30AM on Thursday the 9th that said someone was cutting down trees. However, I did not read it until later in the day. I assumed it was the city trimming street trees, not a 3rd party cutting down trees on my property.

I went to the city today and found that a permit was approved for April 11th tree removal, signed by the seller and the seller's broker. **No where in the disclosures did they provide a copy of the permit or indicate that the trees would be removed, they only indicated they would be trimmed.**  The tree removal substantially effects the aesthetics of the property as now the neighbor's house is very visible.

Do I have a case?

I am in the Bay Area.

Answer:
 Title insurance would have a hayday with this I think.Answer #2: Title insurance covers the chain of title.  Makes sure the seller really owns the house. Checks for liens and and foreclosures. They don't usually check for work permits. Don't think this would be covered by them.Answer #3: Download copies of all the advertisement photos and listing before it disappears.  Obviously copy of your disclosure form and this permit.

Find a good lawyer.

I would expect you get damages for the trees as well as diminished rental income as sounds like it impacts the value.

Any reason for the seller to do this?Answer #4: Did you use a real estate agent for your purchase? If so, I would suggest giving them a call and telling then what happened. They can usually pull the file and can have their attorney take a look at it.Answer #5: Trees are expensive. Get an arborist ASAP to determine the value. Once you have that, I imagine you’d be able to get a lawyer easily without upfront money.Answer #6: I’m confused why this happened. Did the neighbor want the trees removed for some reason? Did it seem like the seller deliberately misled you about the trees?, (“Oh, by the way, someone’s going to come and give those trees a little trim.). Do you think the neighbor paid the seller to get rid of the trees before moving out?


Title: Help! Business partner took company vehicles and re-titled them to his personal name!!

Question:
A partner and I, whom I will call Sam, started an electrical contracting company, in Iowa, 6yrs ago. We were a union shop and got to the point where we just couldn’t afford the union requirements.

Once we came to that realization, we decided to close down. We knew we would have debt to pay down, even after we both took other full time jobs.

We had a friend, I will call Dave, who worked at a big company, that gave us work for years.($100k+ annually)

Since Sam and I would need to find new full time employment, we both agreed to continue doing work for Dave, through the business to pay the debt.

I volunteered to pick up any material on Friday since my new day job was flexible. Sam and I did  a few jobs and things were going well I thought.

Then Sam did 2 projects for Dave, with his nephew, but never called me.

I noticed when I saw the payment come through our CC processor. I know he is trying to cut me out and take that account for himself.

So now that Sam has done these 2 jobs, worth about $8k, he sent me this email today:

“We need to get these debts paid off this month. Per our discussions  we both agreed we have drug this on too long as it is. I have enough personal money to pay off my half of the debts. I will need you to come up with your half by the end of this month.

From what I have calculated we owe a total of about $16,000 between the credit cards, the loan & the Ascentra loan. That would be $8,000 each.

To secure that I do not get left with all of the debt I have retitled both trucks into my name. If you can’t come up with your half by the end of this month I will need to sell the truck you are driving. You will get the difference of what it sells for & what you owe.

Since the truck is now in my name there are new license plates for it that I need to get to you.  I will need the old plates to turn back in to the county treasurers.  We will divide any other assets such as tools & ladders equally between us.

There are also new locks on the storage shed to secure tools in there.   Once we get square you can come get all your data materials out.

This is really a win.  We each pay down 8k and have in return 25k in assets and it's done with no more debt accruing.”

Since I ran %90 of the business side of things, I have the original titles. These are 2 Ford F-150 Lariats that currently book for around $25k per.

His sister in law works at the courthouse in the motor vehicle division. She does titles and things like that, so I’m sure that’s how he was able to get company assets into his personal name.

I’m definitely going to be calling tomorrow morning looking for an attorney, but I’m stressed as hell right now looking for advice.

Answer: Is there a debt actually coming due at the end of this month? Are any payments behind? Do you know why he is wanting to rush this?


Title: My apartment complex told me they are going to return my packages to sender if I don't put my first and last name on them, what can I do about that?

Question: [deleted]

Answer: You can put your first and last names on them, or you can have them sent somewhere else.


Title: Landscaper damaged my car while on public road. What is the next step?

Question:
Hopefully I can get some advice before moving forward.  This happened today.  I live in Florida.

I was in my car in the right lane, waiting to turn right.  To my right was a patch of grass outside of a Panda Express that's part of a larger shopping center.  A landscaper was mowing the grass by the road in a riding mower; he wore a neon yellow vest with the company's name emblazoned on it.

As he turned his mower I heard a large thump on the side of my car.  My kids were in the back and asked if a rock hit the car.  This was my initial thought, too, so I took note of the time, location, and landscaping company (as on his vest).  I was running late for an appointment so I didn't have time to stop and assess the damages until 10 minutes later.

When I stopped the car and got out, I noticed this sticking out of my car door: http://imgur.com/a/HWLsG.  Either this came from his mower or, more likely, it was in the grass and one of his blades hit it and whipped it at my vehicle.

What step should I take next?  I did some Googling, which suggested I get an estimate and send a certified letter of demand to the company in question.  If the letter is ignored, the next step per Google is to take them to small claims court.  Or would it be a better move to call or email the company before sending out this letter?  Or is there really no point in giving them a head's up before sending the letter?

Obviously I am not sure what the best next step is.  I just got my car out of the shop last week after getting the trim repaired, so at least there is some evidence that this wasn't pre-existing damage that I'm trying to pass off on the company.  Hopefully you guys can help.  Thanks!

Answer: If you want the least amount of headache, just give all the information you collected to your insurance company and let them handle it. If they can collect from the landscape company, they will reimburse your deductible.


Title: Do I have any legal recourse against a for-profit college?

Question:
Obligatory throwaway because reasons.

A little backstory on the situation: In 2008, my husband and I decided to attend an online college (based out of Denver, CO at the time, but now they say their online campus is based in Los Angeles, CA) because we were living in a small town in Nevada and were planning on moving out of the state the following year and didn't want to deal with the hassle of trying to transfer credits. At the time, there was only one online school that offered a program in video game development and art, as far as we knew. The admissions recruiter gave us the whole spiel and we bought into it, hook, line, and sinker. I took the game art program, he the development program. One of the selling points was that if the program was updated, we could take the updated classes for free after graduation. (Nope.) She also made it sound like what they were teaching was the latest and up-to-date technology. My mother cosigned on loans for us and we got started.

Fast forward a year and a half and we are living in Seattle. My husband had to drop out because his class load was too heavy with a full time job and couldn't get any help from his teacher on material he was struggling with.

Around that time, I was made aware of what the video game art industry was like, realized I couldn't be happy in it, and switched to their web design program, something I was already interested in.

As part of the curriculum, they taught Flash (which was already on the outs), HTML, CSS (both necessary skills, but also outdated versions), and one class on PHP in which they gave us the code and we had to style it, making it a redundant class, not mention all the worthless general ed classes like Political Science, Biology, and Statistics.

I completed the program and earned a Bachelor's Degree in Web Design and Multimedia in 2012. Come to find out, the degree is completely worthless and isn't even good enough to wipe my ass with. I am a good designer, but my portfolio never even got looked at because the HR reps saw my school and chucked my resume in the trash (as I learned from another Reddit thread about such schools). This program is no longer even offered and was told so during the last couple terms.

After graduation, the career placement department was also completely worthless. As a designer, the resume needs to be a bit spiffier than a typical resume as that is the first example of work a potential employer will see. All the career placement guy did was help me make a resume that was awful looking and full of generic filler words. No mention of any local career fairs, or networking contacts, nothing.
.
During the third year of the four that I attended the school, I was told that I had run out of DoE funding (which was a lie; undergrad had a limit of over $100k and I had not reached that yet) and would have to find private loans in order to finish the program. Sallie Mae rejected my application for more loans and had to use their in-house APEX loan program, which was another $36,000+ to finish. This is now in collections with a company that has not contacted me since December of 2013 despite not moving or changing phone numbers, but that's another matter.

All in all, I have around $100,000 of debt between Sallie Mae/Navient and this private company for this bullshit degree (tuition, books, and class supplies that never even got used). On their website, they say the median debt for a Bachelor's Degree program with them is just over $21,000. I understand that mine should be a little higher because I switched programs, but still. Also add to that the $50,000+ that my husband owes for his part.

In 2012, there was a class action lawsuit against the school in regards to the people who took out loans through their APEX program. Is it too late to try to join in on that?

Do I have a chance at winning a lawsuit against them for fraud and misrepresentation to get my tuition back, or at least a substantial part of it? If so, what kind of lawyer should I look for? Is it possible to add legal fees to the judgement? Am I doomed with this mistake the rest of my life? How do I fake my death to get out from under it? A Google search provided a case where a woman sued them for fraud and won over $200,000.

Thank you in advance for any help!

TL;DR Screwed up the ass by a for-profit school who lied and misrepresented their program and now owe over 5 times their median debt amount for a degree that isn't good enough to poop on. Could I win a lawsuit against them? What kind of lawyer to look for?

Edit: formatting..

Answer:
 >Do I have a chance at winning a lawsuit against them for fraud and misrepresentation to get my tuition back, or at least a substantial part of it?

What exact fraud do you believe they committed? You took the classes and got the degree.
Answer #2: >Do I have a chance at winning a lawsuit against them for fraud and misrepresentation to get my tuition back, or at least a substantial part of it?

What fraud do you allege they committed?  Honestly, not to be harsh, but it sounds like you didn't do your due diligence in determining what your degree would be worth after you finished.  I went to a borderline T2/T3 law school (at the time I was there).  What you're saying is akin to me being pissed off at my law school because Baker and McKenzie would laugh at my JD if I tried to apply there.

>How do I fake my death to get out from under it?

I hope that was a joke.

>A Google search provided a case where a woman sued them for fraud and won over $200,000.

Depends on what fraud she alleged.

> Sallie Mae rejected my application for more loans and had to use their in-house APEX loan program, which was another $36,000+ to finish. This is now in collections with a company that has not contacted me since December of 2013 despite not moving or changing phone numbers, but that's another matter.

You should research what the class action is about and see if you are eligible.  If it was 2012 it may very well be closed by now, but who knows.  I would doubt that would yield you anything close to what your total debt amount is though.


Title: Red light camera "infraction" came in the mail, in an unsealed envelope, with no other documents

Question:
So I got a red light camera infraction notification in the mail (if it matters, Millbrae, CA in San Mateo county).  The odd thing is it came in an unsealed envelope, the infraction refers to a response date to the court that I need to pay the bail amount as stated in the accompanying bail document.

*But there is no bail document.*  I assume it would have been included with the photo of the infraction document, but all I got in the mail was an unsealed envelope with only the photo infraction document from the red light camera company.

It was me, my car was before the lines when the light turned red, so I was not in the intersection yet, so I legitimately ran the light.  This isn't about whether I was caught, it's "what the hell is going on with getting an unsealed envelope of an infraction that's missing the court info you would normally get?"

I'm going to call the court clerk office on Monday to figure out what is going on.  I've heard of the camera companies sending these infraction notices without even going through the courts or reporting to DMV just to collect money from people caught to pay the "fees" on the camera service website (which the paperwork has instructions to do).

But on the other hand the the paperwork references the correct court info and paying a bail amount to the court, doing traffic school, having a trial, etc., so it's almost as if that reference document was accidentally excluded.

Last question is there is a signed affidavit by the camera company on the photo infraction document that says the infraction info was placed in an envelope and sealed according to the company's process.  I'm wondering if I can contest this ticket on those grounds since I got it in an unsealed envelope in the mail, plus missing referenced documentation.  I have a photo of the unsealed envelope with the prepaid postal fee and some other envelope fiduciary marks (I'd bring this to the court date, of course).  If I took the time to fight this in court if that would be enough evidence and whether a judge would accept it.

UPDATE:  called the court clerk office, they stated that the bail document for camera light infractions is mailed out via the police department.  I ended up getting it the following day.  So the process is legit, the police department and court are involved, just in a bit of a disorganized manner when it comes to mailing out notices.

I don't think the likelihood of winning this in front of a judge is high when the argument is that the notice envelope was not sealed.  Even arguing it conflicts with the service affidavit, you can plainly see I ran the light, I can't imagine a judge would simply overlook that.  I've gotten a commuter train fare violation that I legitimately paid for, showed proof of payment despite the electronic system not registering the fate and the judge still upheld my violation.  So I'm not very optimistic with my county court.  Plus time off work, time to handle all the preparation, etc, looking futile.

Filing for discovery would require me to request a court date and possibly show up to court.  I've weighed the time, energy, and stress required to defend this and decided to pay the bail and do traffic school.

And lesson learned that this intersection has a red light camera....

Answer: IANAL, but if you ask for process of discovery on red light cameras, the case is usually dismissed. Speaking from personal family experience.


Title: [NYC housing] Tenant will not leave our rent-stabilized apartment

Question:
Hi all,

A bit of a long post ahead, but hoping someone can shed some knowledge on this tough dilemma my family is currently going through.

My family and I have recently ran into a tough situation that we have pretty much put ourselves in, but didn't realize it'd amplify to this level. We have 7 apartments in our building, 3 of which are occupied by the shareholders (each family) and the rest are rented out. We recently put our building on the market, as my family members are all getting to old age and can no longer carry the burden of the our old and problematic building. We all have bought a house using all of our savings and the money we were hoping to get from our shares in the sale. Luckily for my family, we were able to find a new house we liked and were able to close in fast. We have a buyer who is willing to pay the asking price. Before closing, we asked all tenants but one (who has lived/rented there long before we bought the building, so buyer agreed in the contract to let her stay with rent stabilization) to move out by a certain date to avoid conflict with a potential closing day soon. All of them had no problem moving out and they all agreed to move out by the certain date we asked. One tenant was seemingly compliant and said he'd move out by a certain date, until we received a letter in the mail from the New York State Homes and Community Renewal with an open claim where he wrote that he had the same rights as the other tenant (who is staying) to stay.

I'm not involved in any of the business with the building, but I found out my family has put down that they receive a bit less rent money than they receive to pay lesser taxes, which I know is extremely unethical and I am furious about this because it seems like they shot themselves in the foot. We also never set a lease or a contract with the tenant because he has lived there for years and we have never ever had a problem with him until now. I also found out that the rent stabilization doesn't just apply to the shareholders and the old tenant, but for ALL the tenants as well and we have to pay him back the difference, which is fair.

It will almost be a month since that tenant was supposed to move out but he is still in the apartment and will not leave...simply because he likes the apartment and has had it too good of a price for our gentrifying, rent-spiking neighborhood. He filed another claim saying that he has been overcharged all this time. We offered to pay him out (tens of thousands) but has refused and I'd really hate to see my family go to a six figure sum.

For our other families, luck isn't so much on their side since they have only paid the down payments on their new homes and are waiting for the sale money to pay for the rest before their closing dates (in the next few weeks). The buyer found out about this situation and is now lowballing us about $400,000 less than asking price, and that is not much to divide among 4 families to pay for our homes. I know the problem is deeply rooted in my family for claiming they receive less rent and for not setting up a lease/contract with the tenant but can we do anything in this situation??

EDIT:
Thanks for all the responses. We have consulted with a few lawyers and it seems like our chances of winning are very slim, considering how much wrong we have done, unless we make an out-of-court settlement with a legal written statement.

Answer: You are dealing with enough money that you need to get an actual lawyer, especially since it sounds like you've all been violating rent control regulations while committing tax fraud. Answer #2: Ok so your family member is commuting felony tax fraud AND violating NYC housing laws... yea that next residence won't be an issue there is plenty of space in Rikers.


Title: Sold my business and equipment. Buyer has not finished paying off what he owes me. Says he will not pay me the rest and to leave him alone. Can I take some equipment back to cover what he owes me?

Question:
Hello Reddit.

A few months ago I sold my business as is. In the contract it says I was selling the equipment to him for 20k. He has paid me 11k and has now decided that since the business isn't going well for him he is closing and not going to pay us the rest.

I told him that he can't do that. If he can't pay us the rest he can give us back equipment to make up for what he owes us. (Which I think is fair.) However, he disagrees and blames us for his bad business.

Now, I ran and fine tuned the business for 3 years. By the end of the 3 years I had at least tripled my monthly revenue and when he took over it was double that.

After he started complaining about the business I went to visit. Nothing was ready to be served. (Sandwich shop) No ingredients were in the plastic bins, no meat was sliced, veggies, nothing. If I had a setup like that there was no way I could make sandwiches for customers efficiently. We have received complaints and have even witnessed them take over 10 minutes to make a sandwich and a smoothie. Point is, they run the business terribly.

(Rant below. Important info above.)

I can go on about how they make meatball sandwiches and leave the ingredients in the can and pull out the can when they make sandwiches allowing customers to see their nasty canned ingredients. Or how they decided to invest all their money in painting and remodeling when it was perfectly fine. Or how they HAVE to buy an expensive meat slicer instead of cutting the meat by hand which I did for 3 years and had absolutely no complaints. I had an average of 4.5-5 stars on Yelp.

I will admit I got lucky in selling the business at a good time. The landlord sold the complex and is tearing it down in a year to make condos. I honestly had no clue this was going to happen. I told him to sue the landlord because we had all talked and the landlord could have told him that before he let him buy it from us. Right? So that's not my fault.

Second, he always complains about plumbing and heater issues that we absolutely never ever had! I told him to ask my employees and customers. We never had a plumbing problem whatsoever.

This entire ordeal has been a mess. He complains to my family about EVERYTHING.

TL; DR: Dude buys my business and equipment. Is terrible at running business. Blames failure on me and doesn't want to pay what he owes me. I believe that since he's not going to finish paying what he owes me he doesn't own what I sold him. He violated the contract. Am I correct in thinking this?

He has made it very clear he is not going to pay me. He's acting very immature. Saying not to contact him and that he's not reading my messages.

How can I go about dealing with this?

Also, if I go in and take what belongs to me, am I legally protected since he has made it clear he is not going to pay me?

I mean if you don't finish paying off your car and refuse to finish paying it someone will come and take it away right?

Thanks

Location: Cupertino, CA
Topic:
Contracts

Answer:
 No. You cannot take the equipment. You can sue him in civil court. You will need an attorney.

With a car, the bank holds the lien on the car. That gives them the legal right to take it. You do not have that in this situation.


Title: I just got a 75 in a 55 ticket while doing 60, what can I do?

Question: I'm in VA. My friend was driving my car because I had been drinking and he had not been. My sister was following. We KNOW we were going 60. She also got the same ticket, even though she pulled over because we got pulled over. Do we have any options?

Answer:
 So your friend got the ticket since (s)he was driving.  You did NOT get a ticket.

Your friend and sister can plead "not guilty" and tell your side of the story to the judge.  He will decide who to believe.

Or you can get a lawyer and see if (s)he can work out a favorable plea bargain on your behalf.


Title: [CA] Employer wants all day trading profits and profits from my trading algorithm

Question:
Location: San Francisco, CA

I'm working for a Netflix type startup that has no connections to trading. During my lunch break I've been day trading on my own individual account and I'm up 20%. I've also written a quantitative algorithm, on my own time & equipment, that has been running for a while. It's up 40% this year and has returned over 2,000% since it has started running.

Unfortunately coworkers caught wind of it shoulder surfing when I was checking the account during market hours of the algo trade. A multi million dollar account balance doesn't go unnoticed. Now the company is demanding that I turn over the algorithm, saying it's their intellectual property, etc,. and that I pay all profits to them from both the algorithm and my day trading.

I did sign a regular intellectual property agreement. AFAIK as far as I know being in CA they can go pound sand. I'm just not sure what to do next. Have there been any cases specifically dealing algorithmic trading and IP rights, especially for a company that doesn't deal in trading the stock market at all?

Answer:
 If you have a multi-million dollar account balance, you have the money to talk to a local employment lawyer.

Do so, your company may or may not be correct depending on the paperwork you signed when you were hired.Answer #2: Lawyer. Now. Do not pass Go, do not write an angry "fuck off" reply email, do not log into your trading account from work.

Consider changing the passwords on every internet service or account you ever accessed from work, too, just in case.


Title: [Indiana] I got cut off in traffic yesterday. Who was in the right?

Question:
Yesterday I was traveling northbound in the left lane of a four-lane street. I came up to a red light and left a gap between my car and the vehicle in front of me so that a van could make a left turn from the oncoming lane across my nose. After the van had turned across the two northbound lanes, I let off the brake to tighten up the traffic, and close the gap.

As I was moving up, a white sedan whipped in front of me, attempting to make the same turn that the van had. I applied the brakes quickly, as did she, and she began yelling at me. I yelled at her, words and fingers were exchanged. You know the drill.

Her position seemed to be that, because I was at a red light, I was meant to be stopped. My position is that, because she was turning across my lane's direction of travel, that I had the right of way, and that I was perfectly fine in pulling up closer to the car in front of me.

Who was in the right?

[Shitty MS Paint diagram available upon request.](http://imgur.com/kaSWE24)

EDIT: [Slightly better and more accurate MS Paint/Google Maps picture here](http://imgur.com/Xvp8anz)

Answer:
 The general rule is that turning traffic must yield to straight-traveling traffic.

BTW, it's a bad idea to let traffic turn in front of you when there's another lane next to yours. You're setting up the turner to get T-boned by traffic in the adjacent lane (who usually cannot see the car you're yielding to). The little "I yield" wave can be interpreted as "it's safe to turn".Answer #2: That drawing is pretty good and helps clear up some of the ambiguities.

She was hoping you were not going to block her out for the whole duration of the light. Where I'm from it's not legally required to leave a gap, and it's up to the person making a left to make sure that it is safe to do so.

Legally? She was in the wrong. In practice? C'mon man leave the gap if someone's waiting to turn.Answer #3: Was she really making a turn across a double yellow, like your diagram indicates? Or was there a "suicide lane" turn median separating the two different directions?

It sounds like you were totally in the right, and she's doubly in the wrong by not even signaling.