Title: Title Loans Practices in Arizona: My father took a title loan out on a vehicle he doesn't own.

Question:
We are in Phoenix, Arizona. My father is in his early 70's. He is getting used by a woman that talks him into taking out title loans. He claims he doesn't want them but his "girl friend" is a gambler and the word on the street is she is a bad seed.

Here's the story. Over two years ago my dad called me to beg for my help. He took out two title loans from two different companies because he confided in me that his GF talked him into it. His truck was now going to get repossessed if he didn't pay them off asap. I then helped him pay them off and begged him to not ever consider doing this again. I then explained to him he was no longer going to own his vehicles as a precaution and in an attempt to avoid this from happening again. He was very open to this idea. I then created an LLC and dumped all of his vehicles into it as to create a generic trust. I assumed a title loan company would run a vehicle ownership check before extending a loan to someone. A few short weeks later, I moved all of his vehicles into the LLC under its name that I was the manager of. He was no longer the owner of the vehicles.

Span to today when he calls me about his bank account. He was looking for some money that was supposed to be directly deposited on the 1st (he has problems.....clearly). I told him I would log in and check his bank account. I then stumbled upon several months of automatic withdrawals from a local title loan company. I then ask him about it. He then told me he had taken a title loan out on one of his vehicles, doesn't remember which one, doesn't know how much for, doesn't know why he did and doesn't remember when. He did, however, remember which location. My dad and I called the place. Its on one of his very expensive trucks. I told the title loan company that my father doesn't own this truck and I asked how they could give a loan out on a vehicle that someone doesn't own? She claims that the person taking out the loan had their registration on file as "his name" and that was information that my father gave them before. Meaning, her justification was, he was the registered owner on the vehicle in recent history and they assume he is still the owner because that registration was "current" on that one piece of paper he presented in the past.

I am beyond upset. Clearly, my father has several problems and I'm fearful I will have to take further steps to protect him (power of attorney) or prevent him from taking out these loans. But, dare I ask... Do I have any legal action against the title loan company? I am of the opinion they shouldn't give out a loan on a car that someone doesn't own. What if I were in innocent party that the title loanee sold the car to with this lien? I have about a million profanities to throw out but I will keep my composure.

Answer:
 IANAL: Get a lawyer

The company made a reckless but good faith mistake, but your father has possibly committed fraud- and you just tipped them off to it. Maybe he's no longer capable of making his own decisions? That's something else you need to deal with.

As this is your dad and not some random person who has done this, you may want to consider going back to this company and actually securing the loan with that truck... Before they escaate this to a criminal act.

But don't do anything until you talk to a lawyer. Answer #2: IANAL. First thing I would do is make sure the the truck is in a garage with a lock on it. If they come for the truck they can not enter a privet residence to do so. Someone correct me if I'm wrong though.


Title: Older disabled couple in Tempe, AZ, about to lose our place to live.

Question:
Reddit, we're in a heck of a pickle, and hope there's someone that can help.

My wife and I are both disabled, late 40s. At last diagnosis, she has cervical spinal stenosis as well as scoliosis. She walks with a cane. Myself, it's profound hearing-impairment and PTSD (not a war vet). We live in the Tempe, Arizona area, and are about to lose the room we're renting. It's been an ugly stay here; the live-in landlord is a mentally-ill trust fund kid whose mother handles most of his affairs. They're buying the house.

It's a pretty hostile environment to begin with, thanks to the landlord's instability. Example: He was about to take a trip with his mom, and 5 minutes before he wanted to leave, the power went out in half the house. Why? He'd plugged 20 amps worth of equipment into a 15-amp circuit. I knew what the problem was, and said I'd fix it in a sec. He and his mother lost it. "DON'T TOUCH THE BREAKERS!!! WHARGARBL, ETC." Their freak-out lasted 45 minutes. They left and I fixed it in 5.

This sort of thing is a daily/weekly occurance. For another example, take today: I woke up, and was immediately asked to fix his computer. I did so, and as the wife and I went outside to make some calls. There was a little bit of in-and-out as I went back-and-forth 'tween my wife and my computer. There's now a sign on the back door limiting egress to once per hour, max. This sort of thing as become more frequent; I've been woken up to call the cops on his behalf, things left in common areas disappear, we've been told to help clean messes he and his friends make, etc. He yells at me for spending all my time on my computer, and is uninterested in hearing that I'm job hunting. I'm always playing games, according to him, and he has no interest in looking at the records of my job hunt (I have all of this in email and text).

Like I said, pretty hostile environment for an older disabled couple.

On top of all this, I lost my job in September of last year, and have been scrambling to find work since. Unemployment went out the window with one/two day contracts I was taking with a staffing agency; earning more than ~200 a week nixes any benefits. Luckily, I'd managed to get a job at Christmas through yet another staffing agency, just have it fall through, but it ended thanks to the shutdown due to "work slowdowns" (they had numerous government contracts). The end result? We're now 1.5 months behind, and were told that unless we have the entire amount on this Friday, we're outta here.

It gets better: Today, I got the next 5 business days contracted out, so I won't be here to help her pack. She can barely handle basic household tasks as it is, and to make things worse, she's also got a minor surgical procedure tomorrow that I won't be able to help her get to, so she's going into sans sedation. Rough choice there.

We have no car, and no money to catch up, so we're standing to lose everything we own.

We've reached out to the local disability councils, homeless shelters, social-service organizations, etc, but they're unable to help thanks to, once again, the shutdown. They're stressed past the breaking point and have nothing for us. We don't have any family or friends here we can stay with in the interim, and I have run out of options. I'm working with Vocational Rehab, but they don't have any resources for this. Trying to 'camp out' is a non-option, my wife's medical issues make it hard for her to move around in optimal environments.

T'be honest, I'm feeling pretty bad about having to post to begin with; I feel like I've let my wife down in providing for her. She's been trying to keep a strong face on for this, but the stress here keeps pushing her past her physical, mental, and emotional tolerances, and there's not much I can do but hold her while she cries. The situation has also lit up my PTSD like a Christmas tree.

...but I can't let my failures and ego override her needs.

To be honest, I'd be comfortable being homeless if she has a place to stay, but I don't know how long it'll take for us to get steady enough to even get into an extended stay hotel, so I'm not sure how any of that'd work. I'm not sure what we can do here. I'm scared, frustrated, and just want to do an honest job and provide for my wife.

We've been paying them as the money's been coming in, and so we have no savings. They started refusing anything but *full* payment a few weeks ago.

Answer:
 Hey OP, crosspost this to /r/Phoenix to get more eyes on it. Good luck. Maybe also put what you are good at as far as work. Amazing things can happen from amazing people.Answer #2: What exactly is your legal question?

You need to pay rent or leave.


Title: I’ve made two payments on a fence that I don’t even have because of my HOA

Question:
First I’m gonna apologize because I’m on mobile and also I’m really bad at typing on reddit.

As my title states, I’ve made two payments on a fence that I purchased but still haven’t had the opportunity to have installed, because my HOA hasn’t “had a board meeting to approve it”. I closed on my home about two months ago, and one of the first things I did was set up a fence company to fence in my backyard. I have a dog and he likes to run around in yards being the dog he is. The fence company informed me they would take care of filling out all the proper documentation I need for the HOA to approve it. I would just have to contact my HOA management and make sure I follow up. Well, I have, and every time I call either the manager tells me “the board is on vacation and will be back soon”, or she doesn’t pick up. I understand that HOA management are underpaid and overworked but “the board” hasn’t had a meeting since I moved in. I know this because there’s a bulletin board at the entrance of my community that notifies when the next board meeting is and the last one is dated 4/23/19 I moved in 5/1/19. If the management company isn’t doing anything and the board is not meeting at all can I just have the fencing company install the fence and deal with “the board” later if they want to fine me? How can I install my fence?

Detail I want to add, the fence I’m installing is the exact same fence my neighbor has also I’m not in any special area where it would be a problem for me to get a fence I know 100% certain it wouldn’t affect the HOA I know the only reason it hasn’t been approved is because they haven’t actually done their fucking job they volunteered for.

Answer: You chose to move into a community with and HOA.  You need to follow the rules.  Having a quarterly meeting, or not having a regular meeting in the summer when many people are on vacation is not at all unusual or unreasonable.  You can go ahead and put the fence up, but if you do and it violates the HOA rules for some unforeseen reason (or even solely because it was put up without approval) they can make you take it down and you will have no recourse.


Title: Is there anything you can legally do to protesters if they are blocking traffic?

Question: Is the best option just to call the police?

Answer:
 > Is the best option just to call the police?

Yes.Answer #2: You're allowed to be obnoxious as hell to them, wail on the horn, or shout insults at them like every other normal American.


Title: Had a medication induced black out, wrecked car, dui. Was in bed, next thing I know, I'm crashing my car! Help

Question:
I'm so screwed. I'm a 49/f, unemployed live in the Atlanta area, and  I really don't remember leaving my house. I was on percocet, prescribed to me, zophran, Benadryl and had one drink, and, for the life of me, cannot account for why I left my house.

I had been to the ER about one week prior for severe pain due to a side effect, tartive dysknesia, I suffered from taking meds for bipolar for years.

That day, I was on the pain meds, feeling terrible, when my bf gets me some xanax. I was hoping for some sound sleep. The next thing I know, I'm crashing into a fire hydrant, on my street no less, in front of a friends house. A second later the cops are there. I knew I was fucked up, but lacked the ability to comprehend what happened.

Ironically, the last thing I remember, at home, was me telling my bf I couldn't drive, that I felt terrible and couldn't see right. In jail for three days till the bf could make bail.

You should know, I've never had a dui. I've got two tickets on my record, traffic offences. I drink a lot and don't drink and drive, ever. I'm not on probation. I had some charges for drugs a few years ago, but I was a first offender, so my record is clean.

 Leaving the house was so out of character for me, I can't explain it.

I accept the fact I did it, I'm so confused.

Lots of other drama in my life. Mostly due to my bf and me being cyber stalked for a decade. That's a whole other story. Lots of details left out, so this post isn't too long.   Advice anyone?

Answer: At this point, my advice is to talk to your attorney, either the public defender or the one you hire.  Despite all the rumors to the contrary, public defenders are generally very competent lawyers, no better or worse than any other.  Listen to their advice and carefully weigh whatever deal they can get for you as worthwhile.  Generally speaking, they're good at that.


Title: About to get arrested when I land in Boston

Question:
I can’t believe this is happening to me. I’m flying from Chicago to Boston now and police are waiting for me when I land, so I don’t have much time but am still gonna try and figure out my options. Here’s what happened:

..

I was on an American Airlines flight from Chicago to Boston on November 3rd, 2019. Because of low blood pressure, a foot injury, and to prevent my ankles and feet from swelling, I use a small sling that hangs from the tray table (while closed) and props your feet higher. This sling is often advertised on Facebook for this exact purpose - to make flights more comfortable for us shorter passengers.

Right before takeoff, the flight attendant, who was in a very grumpy mood, yelled at me to put my feet on the ground. I am a frequent traveler and have never been instructed to put my feet on the ground before.

“You have to put your feet on the ground!” I cannot emphasize how rudely she barked at me.

“No I don’t but okay.” As I put my feet down. Although I had never been instructed to put my feet down in the 100+ flights I’ve taken with my foot sling, I complied. I put my feet down immediately.

Even if it’s technically not allowed by some rule I’m not aware of, the flight attendant unnecessarily escalated the situation.

She immediately escalated:
“Would you like to go back to the gate? We’re gonna go back to the gate!” And immediately ran down the cabin to her crew members in the back.

But right after she said that, the captain announced that we were taking off.

She came back to my seat and barked:
“Police will be waiting for you when we land in Boston.”

My seatmates were equally shocked at her escalating behavior. I had put my feet down when she asked, and my 5 words, “no I don’t but okay” are now the cause of a police interrogation.

Her statement caused me to panic. I’m now mid-flight with no idea what will await me at the gate.

So I took some time-stamped photos immediately and stowed my foot sling back into my backpack for the remainder of the flight.

Am I screwed? What should I do once the police interrogate me? Should I hire a lawyer first?

Answer:
 If you have status with AA (esp. Platinum), you should call the status hotline for your status level and complain ASAP. Make it clear that you immediately complied, and that she threatened to have police waiting for you despite your compliance.

If they still refuse to let you fly, you may be able to convert your status to another airline by saying that you're unhappy with your current airline and want to move to theirs. Some will grant you the equivalent level for the year, for example.

Either way, you need to move quickly.


Title: What could happen if I walked into a make up store and pretended to work there and do peoples make up?

Question: (Texas) As the the title says, what could happen if I walked into a make up store (sephora, ulta, etc.) and pretended to work there and do peoples make up?

Answer: Whose make up are you using?  That would be the difference between being asked to leave and charged with theft.


Title: If I build a guillotine on the back of a flatbed truck, and parade it in the streets, will I get in trouble?

Question: Watermelon demonstrations optional.

Answer: Follow up question: What if you did it in such a way as to signify political intent, a la, French Revolution style?


Title: How can I get rid of a car without title in AL, USA?

Question: I bought a used car in GA and drove it back to AL expecting a title in the mail. It is not illegal to sell a car sans title in GA, but  you seemingly can't even give one away in AL. That said, I am exhausted from trying to get the title and would just like to be rid of the vehicle. Is there any legal way to get rid of this car in this state?

Answer: Question: if this car was left parked on a random street, what liability does OP have, as a NON-owner?


Title: Non-disclosure Agreement With Employer, CA

Question:
I recently started a new job as an assistant to an entrepreneur who owns a Vacation Rental company.  He had me sign a non-disclosure agreement to protect his personal life and business model.  In the two months or so that I have been working for him, I have gone from doing menial tasks to managing his current business with him out of town for a month, helping him reinvent key company processes, and helping him open in another city.  I believe I am being underpaid at $15 per hour for the value that I am adding in helping him redefine and recreate his business model, employee roles, and processes as well as helping him create a new business in an entirely different city.  I can tell that he will take whatever value I can add with or without giving me adequate compensation.  I, personally, am very interested in business and understand how take his business to the next level (even if he doesn't).  My question is, how is this non-disclosure agreement affecting my options in the future?  It appears to me to be amateur and that he slapped it together, but how easily could it be breached.  I cannot let something like this affect me going into Real Estate and I will not run and recreate his business for peanuts.  Please let me know your take on this.  Here is the agreement:

CONFIDENTIALITY AND
NON-DISCLOSURES AGREEMENT

This agreement has been made on the ___ day of ______, 2015 between OWNER and EMPLOYEE. This confidentiality agreement and non-disclosure agreement has been constructed to protect the private and professional life of OWNER.

Due to the nature of work, pertaining to environment,  between OWNER, EMPLOYEE will have easy access to OWNER’s personal and professional ideas and materials. Upon signing this agreement EMPLOYEE understands he has been granted privileged access to all details of OWNER’s personal and professional life.

This agreement strictly forbids EMPLOYEE of sharing any confidential information of OWNER’s personal life with any other person within the company or outside of the company without written consent. Confidential information has been outlined within the operations binders and operations agreement for COMPANY. Personal details of OWNER’s life are to remain private at all times.

It shall be noted that sharing of any details of OWNER’s personal life within or outside of the company will result in immediate termination of the position offered without warning.

This is not a non-compete disclosure or agreement. However, obtaining similar work after being around OWNER would put EMPLOYEE at an unfair advantage moving into any similar position with any other vacation rental company. Therefore this agreement strictly prohibits any sharing of ideas that can be directly linked to COMPANY post employment at COMPANY for up to 3 years and strictly related to the business processes at COMPANY. Personal details of OWNER’s life are to remain confidential for all times without written consent.

Acceptance of any position with a similar company after employment at COMPANY, including creating a similar company to COMPANY, must be approved by OWNER post employment for up to three years. Creation of a similar company to COMPANY in less than 3 years post employment shall result in a profit share of 50% paid to OWNER1 and OWNER2 (owners of COMPANY) and any future shareholders for a minimum of the first three years of business.

During employment at COMPANY, EMPLOYEE will agree to document any original ideas through  professional documentation with OWNER. Although OWNER and/or COMPANY may not return original ideas and continue to use them as seen fit by OWNER.

 EMPLOYEE will be free to re-sale, re-use, or further develop original ideas immediately.

Violations of this agreement shall result in immediate termination, legal repercussions; such as, immediate repayment of damages determined by mediation, judge, or jury.

X________________________________
EMPLOYEE

X________________________________
OWNER

Topic:
Intellectual Property

Answer:
 >Acceptance of any position with a similar company after employment at COMPANY, including creating a similar company to COMPANY, must be approved by OWNER post employment for up to three years. Creation of a similar company to COMPANY in less than 3 years post employment shall result in a profit share of 50% paid to OWNER1 and OWNER2 (owners of COMPANY) and any future shareholders for a minimum of the first three years of business.

LOL.


Title: [Alabama] Friend was drugged at a bar and she woke up in the back of her car in the next town over by police. She had a BAC of .2 and was taken to hospital. Her car was impounded by police. Will she get arrested if she goes to pick up her car?

Question:
My friend went out for drinks and woke up in the back of her car by police. She said she doesn't remember how she got there and that she only had 3 beers and two shots in a 5 hour period. She isn't new to drinking and she knows her limit. Her dilemma is that the police found her in the back seat of the car with the keys still in the car. They also found less then 5 grams of weed in the car. She said she has no idea how she got there and couldn't remember anything. The police took her to the hospital because they they think she was drugged. Once there she refused the rape exam cause she didn't feel she was raped. She said she was fully clothed and didn't feel like she was. She stayed all night at the hospital and was released to her parents. Now she is scared cause her step dad said that if she goes to get her car from the impound that they will issue a warrant for her arrest due to having such a high BAC, being in the car with her keys and the weed.
Does anyone know if this will be a strong possibility of happening? She is scared to go and I thought I could be some help by asking Reddit. Any advice is welcomed and thanks for reading.

Answer:
 >She said she doesn't remember how she got there and that she only had 3 beers and two shots in a 5 hour period.

That she remembers. Fast alcohol intake can cause blackouts and retrograde amnesia.

>She isn't new to drinking and she knows her limit.

Everyone says this. Literally every single person who's been pulled over for drink driving, who ended up puking up all over their friend's car, anything, says this.

She needs a lawyer, though the fact she wasn't charged with anything at the time is a good *indication*. But not determinative of anything. Answer #2: And we're well into criminal defense attorney territory now.Answer #3: Her biggest problem, and what could cause her to be charged with DUI, is that being drugged doesn't explain the .2 BAC.


Title: Birth mom taking me to court for grandparent rights

Question:
I found out tonight that MY birth mother is trying to file for grandparent rights for my newborn. I was adopted in 1994 in the state of utah where she resides as well as I. I met her for the first time almost 2 years ago and since then i had my baby boy janurary of this year.
Well theres been a lot of bad blood between us since my son has been born. She has had major jealousy issues, and the situation got so out of hand i didnt want her seeing my son anymore.
I get a text tonight saying "see you in court" and a screenshot on how she can file for grandparent rights.
My questions are 1) can my birth mom do this to me? 2) what actions should i take now? 3) does she even have grounds to do this seeing as she gave up her rights to me 21 years ago.
Thanks for the advice before hand!

Answer:
 There is an absolute rebuttable presumption in Utah that a parent's decision about grandparent visitation is in the best interest of the child.

The factors a court considers include but are not fully limited to:

1. Whether the grandparent is a fit and proper person to have visitation rights.

2. Whether visitation with the grandchild has been denied or unreasonably limited.

3. Whether the parent is unfit or incompetent.

4.  Whether the grandparent has served as custodian or caregiver to the grandchild. they also look at how substantial the relationship is with the child. In this case not at all.

5. Whether the grandparents child has died or become a noncustodial parent through divorce. This would show that having a grandparent would be a positive adult role model so to say in a divorced family.

6. Whether they are the child of the grandparent has been missing. This applies for custody more so than visitation.

All of these are weighed individually and as a whole against your right as a parent. Any judge can give any instance more weight than the other. It's your goal to show that having her in the child's life would be a detriment, and it's an uphill climb for her to get visitation. Answer #2: Anyone can take anyone else to court for anything.

If she files, then you'll have a chance to respond.

In general, I don't think those suits are usually successful.


Title: (Canada) Breathalyzer refusal

Question:
So I was out at a Stag party on the weekend and I was the DD. The passengers in my car were drunk and screaming out the window. They scared a lady on a motorcycle in a roundabout and caused her to get scared, hit a curb and fall off. We stopped and went to see if the lady was alright and she was on the ground awake and not really moving a lot as the people on scene told her not too (later found out from an officer she was okay just had a sore back). At the scene I picked up her motorcycle and moved it over to the curb which was a bad idea I suppose (being an ex-towtruck driver my instincts kicked in).

Now my passengers and I left the scene, which had a ton of help and care for the fallen motorists and drove about half a km to a pub to meet some friends. A city police officer followed us in the parking lot in an unmarked SUV. He then proceeded to ask me to take a breathalyzer to which I did. It wouldn't work at first being hard to blow through. He tried again with a different nozzle tip and it was still not very effective. So I said to the officer that I don't really need to do this as I was the DD and was sober. He then tells me that was a refusal and I got an instant 90 days license suspension and my girlfriends car was impounded for 30 days. He also tells me it was a hit and run (now I did not hear, feel or see the motorcycle hit the car at all).

Fast forward to the next day when we went to the tow yard to get my cell phone back out of the car and find three new small scratches on the side of the car. Possibly where the bike hit but I'm not sure.

What should I do. I'm a 33yo male and a good person. We went and made sure the lady was alright. It sure sucks not having a license with a brand new great job.

Answer: Are you somehow incapable of blowing into a straw? It doesn't take rocket appliances.


Title: My brother was raped by his boss. What can he do?

Question:
State of Arizona, btw.

So, I just found this out. Apparently, my brother was at a party with his manager where they were both drinking and smoking pot, (stupid I know, but not the issue at hand). Apparently, his boss coerced him into sleeping with her. And then when he approached the higher-ups with what happened, some other employees that were there backed up the story that it was consensual, out of fear for their jobs, and they ended up canning him.

Now, this is fucked up beyond all belief. I mean, I'm half tempted to go down and stir up a bunch of trouble during peak-business hours, but we all know that won't do anyone any good, so I figured I should see about looking into options through the legal system.

Does my brother have any recourse here? Kid's been through enough already and doesn't need this hanging over his head too.

Answer:
 >Does my brother have any recourse here?

Sure. Call the police.  Answer #2: >I'm half tempted to go down and stir up a bunch of trouble during peak-business hours

You will be arrested or escorted off by police.

How old is your brother?

>some other employees that were there backed up the story that it was consensual

What made you come to that conclusion?


Title: (Missouri) I messed up and was wondering if Hobby Lobby will prosecute me?

Question:
Okay stupid me decided to shoplift from hobby lobby. I am 20 years old and I messed up bad. I stole 3 charms for bracelets worth only about $1.50 each. I know I looked suspicious. I know I did.

I'm not making excuses right now but I was not feeling or looking well and wanted the charms. Plus I was in the store for about an hour and a half just browsing also. And I kept going back to the aisle where I shoplifted because I wanted some inspiration for jewelry making.
God I am so stupid. But I was myself and I talked with the cashier about how much I loved the charms and beads. I was basically myself but I took less than $10.

I was not stopped or questioned. Everyone was nice but I am also not going to go back to that store ever. I feel so guilty and scared. I didn't sleep at all last night.

EDIT**I also found a site around 3 last night called avvo and saw lots of posts like mine up there and I asked an anonymous question. you can ask lawyers questions.
Topic:
Criminal Law

Answer: As a former store security employee, I can safely confirm that you got away with it. They would be required to stop you and contact the police at the time of the incident, and because the value of the goods are so low, it wouldn't be worth their time to pursue it at this point. Just make sure you never do it again because if they suspect that you are a shoplifter, they will definitely be watching you the next time you are in.


Title: [Michigan] Bad legal advice caused default on house now in foreclosure

Question:
My mother's brother died and she was named personal representative for the estate. An attorney has been working with her for the necessary probate things and advised her not to pay anything except basic utilities and upkeep on the house. Every time we asked about the mortgage we were assured the house wouldn't go into foreclosure. On a couple of occasions the attorney requested partial payment for services. The estate doesn't have cash to pay much until the house is sold.

The deceased was a hoarder. We got everything cleaned up and had a estate sale but it took a while. He died mid-December, probate was opened in January and we had the house listed for sale by the end of June. I *think* the January mortgage payment had been made, but it might have been December's.

Shortly after listing the house the bank foreclosed. The attorney said notice was improperly given so the foreclosure isn't valid. Meanwhile the purchase offer we had might now be scuttled due to the foreclosure status.

If we had paid the mortgage instead of partial payment of attorney fees the house would not be in foreclosure and we'd be days away from closing a sale. Now it appears we're going to lose everything.

The attorney is trying to salvage the situation but is there recourse against the attorney if that fails?
Topic:
Wills Trusts and Estates

Answer:
 > The attorney said notice was improperly given so the foreclosure isn't valid.

Why don't you believe him? Did a different attorney tell you otherwise?

> Meanwhile the purchase offer we had might now be scuttled due to the foreclosure status.

"Might" as in you didn't accept the offer, or as in the buy-sell contract has an escape clause, or what exactly?

> Now it appears we're going to lose everything.

Don't go all chicken-little. That's not how foreclosure works. Call the attorney and ask him about the process and your options.


Title: [Michigan] What are the gun ownership laws in my state given my situation?

Question: I am M21, would like to purchase a gun for recreation and home defense. Ideally would like to obtain my CPL to concealed carry. Its my understanding that I can open carry in my state, but what is the process to actually buy a weapon? I also have a current and valid medical marihuana card from my cancer treatment(currently over, card expires in April 2017), what wrenches does that throw into this mix?

Answer: Individuals who use medical marijuana are barred from owning a firearm or ammunition. Marijuana is still federally illegal, and this will not change anytime soon. You must formally terminate you medical marijuana card.


Title: Employer says she will deduct from my tips

Question:
Hello, I am a waitress in Northern California.

During the dinner shift last night, I got a complaint from a table saying that her appetizer arrived at her table too late. It was pretty busy and I apologized to her for the delay. I then brought up the situation to my employer and asked her if there is more that we can do since the woman was a bit upset. My employer became frustrated and said to me "Just tell her that you will pay for her appetizer. I will take it out of your tips,". The appetizer is $6.00.
First of all, I am offended that she threatened to take the tips that I deservedly earn for one small mistake. I work forty hours a week and am the most loyal and hard-working server she has at her establishment. I did not agree to pay for the appetizer, nor did I ever sign or was presented any legal documents stating that it is okay for my employer to take away from my tips.

Second of all, I am sure it is illegal for an employer to take tips from their employees.

Here is a link to section 351 of the CA Labor Code:http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=351.

Reddit, how should I go about handling this problem with my employer?
Topic:
Labor Law

Answer:
 You can fight them on it (small claims over $6? unlikely) or report them to the department of labor, but don't expect to remain employed for much longer. They can't fire you for the report, but they _will_ find a way after it's blown over.

Honestly, I'd let it go unless it becomes a pattern (which then you should be looking for another job anyway). $6 isn't worth your job unless you want to stick it to them regardless of the costs to you.


Title: Neighbors look into my window when my kids are there and stare at my underage daughters butt.

Question: I’ve caught several of my neighbors (who are friends) coming up to my apartment dining room window and look inside when my kids are in that room. I’ve caught one of them staring at my daughters butt when we walk outside. They stared for at least 20 seconds without looking away while I was staring at them the entire time watching them. I checked the neighborhood sex offenders website and they aren’t listed, but they should be. Is there anything I can do?

Answer: Get curtains.


Title: Is it illegal to ride a bicycle in the US without a helmet?

Answer: There is no federal law about it. It is generally city or county regulated. So it depends on where in the US


Title: Horse returned injured—do I have to give full refund?

Question:
Sold a horse to a woman and within a week she went against my explicit instructions (verbal and written) and tied the horse in the trailer while the trailer door was open. He had gotten over a fear of trailering and I was very transparent about that, I gave her very clear instructions so he could continue to trailer well. The horse panicked and thrashed violently for “several minutes” (according to their neighbor) and injured the woman, sending her to the hospital for a broken wrist and a collapsed eye socket. She didn’t use a quick release tie or piece of twine, which is a well known rule of horsemanship and would have prevented the whole thing (would have released or snapped when he applied a certain amount of pressure, before he got into full panic mode). While the woman was at the hospital her husband sent a threatening text saying the horse had better be gone before they got back or he would “find another way to deal with him.” Spent the whole afternoon going across town to pick up the horse because I was concerned the husband would harm him. We got there and his face was all bashed up, he had blood running down his face and one eye was swollen almost shut. Flies were covering his wounds. As soon as we left the husband texted that his neighbor told him we didn’t leave a check returning the horse’s purchase price. I said I would return the purchase price minus appropriate vet costs. Took the horse back to our barn and the vet came to stitch him up. He injured his neck and back in the trailer and is unrideable for another few weeks (letter from vet as proof), meaning I have to pay a month of board for him to sit around then probably another month for him to get back into sellable shape. The woman’s husband has continued to send messages demanding a full refund and said he will pursue legal action if the full refund is not received by Friday. Do I have to issue a full refund, or is it legal/reasonable to withhold vet fees and possibly the board costs I will incur while he has to be on stall rest for the next few weeks? The horse was injured due to his wife’s poor decision and he was not returned to me in the same condition that I sold him in.

Tl;dr: woman bought horse, horse was injured through her mistake, husband told me to get horse the fuck off their property. Now he’s demanding a full refund but I have to pay the vet bills and pay to board the horse while he heals— do I have to issue the full refund even though the horse was not returned to me in the same condition?

Answer:
 It's absolutely reasonable for you to withhold vet fees, expenses for feeding and care, and also any reduction in the horse's value.  Stick with your plan to do that.  Once you have an accurate figure, offer the money back less the amount you're withholding.

If you get contacted by a lawyer on their behalf, make them the same offer through the lawyer, who will hopefully help them see reason.

If they end up suing you, it would depend on the amount involved whether it would be a small claims case or not.  If it is, you could just countersue for the expenses and represent yourself.  If not, you need a lawyer, and you should countersue for the same expenses, plus legal fees.  Answer #2: You need a lawyer.

You may have increased your liability for the money and or the woman’s injuries by the actions you’ve already taken.

You need a lawyer to help mitigate that.


Title: Inheriting firearms and moving them

Question: I am a 24 year old resident of Texas. I recently came to Indiana for my uncles funeral. Included in my inheritence was an ACR (longrifle) and Glock 17 (handgun). I am flying home to Texas on Saturday and want to know what, if anything, I need to do to legally get the firearms back to Texas.

Answer:
 1. Make sure you have a hard sided case for both weapons.
2. Declare the weapons at check-in, you must check them.
3. Follow your airline's procedures.

You're flying from a friendly gun state to a friendly gun state, so just do the above and you're okay.


Title: Literally asking for a friend

Question:
My friend asked me to post this for her cause she can't type. She broke her wrist and the ER doctors put her in a cast while it was dislocated. They didn't set it. Now she had to have a four hour surgery and they had to rebrake her wrist and she can't work or type or really do much of anything. Her orthopedic surgeon is raging mad at the ER docs for not setting the dislocation first. Is this grounds for legal action? She's loosing money and time at work.

Sorry if this is more appropriate for a medical subreddit. Thanks for any and all advice.

Answer: Medical malpractice is incredibly fact specific and is beyond the scope of this sub.  Just because there is a bad outcome doesn’t mean that the doctor deviated from the standard of care.  That may have happened, but we cannot say.  The fact that another doctor is angry, while an indication of malpractice, doesn’t do it either.  She should seek out a medical malpractice attorney to get an opinion, many do free consults and work on contingency.Answer #2: Speaking from experience. I once broke my wrist in an accident. Went to ER on a Sunday they did an xray then casted it. The most important part came after that. They said to see an orthopedic as soon as possible because a cast wasn't the end result. OP, did you not do an immediate follow up with an orthopedic? ERs generally patch this stuff up and send you on your way to a specialist. I can't imagine they would cast you and not recommend this. Answer #3: If the ER said to follow up with ortho, and your friend didn't, this is on her.  When I broke my fibula, it was displaced.  They put a temp cast on but didn't set it.  Had to go to ortho to have the temp cast removed and the bone set and recasted.


Title: Company shipped extra items to me. Am I correct in being legally allowed to keep the items as a gift?

Question: [removed]

Answer: No. The company made an error, and is paying for the return. You can’t keep the extra. If you do, they can successfully sue, or send you to collections.


Title: I'm being harassed for leaving a cult. My dog is stolen and my child's headstone is vandalized.

Question: [removed]

Answer:
 Document everything, continue reporting every incident of harassment to the police. Block them on social media (or ideally don’t use social media at all), get a new email address, change all your passwords.

Continue attending therapy.


Title: I am an American woman [29] living abroad, and I was raped by a fellow American. Do I have any options in the US?

Question:
I'm an American living abroad in China.  In the fall of 2015 my then-boyfriend, who is also American, came to my apartment for the weekend, as was normal.  Usually we would have sex before going to sleep, but that night I was absolutely exhausted.  I started falling asleep immediately and I distinctly remember not wanting to do anything.  As I was drifting off, I remember him saying something, although  by that point I was fairly out of it so I don't remember the exact words, however it was basically asking if I wanted to have sex.  I was dropping off fast but I remember grunting in the negative, and thinking again that I did not want to have sex all I wanted to do was go to sleep.

And then he was on top of me.  I remember it happening, but I was in that place between being fully unconscious and awake, and unable to do anything.  I remember being confused and wondering why he was doing this; couldn't he see that I was asleep?  I felt disconnected from my body and it was like witnessing my own rape through a veil.  He must have known.  I literally wasn't moving, my eyes were closed, and aside from the grunt earlier that I didn't want to have sex, I made no sound.  I wasn't caressing him or moaning.  My arms were at my sides.  I was half-asleep.  And he also wasn't caressing me or talking to me or trying to kiss me, etc  He never checked in and when he was done he simply got off and went to sleep beside me.  He didn't say good night.  He must have known.

I went to sleep as well, glad it was over and I could finally just pass out.  The next day, I actually didn't remember until the afternoon, when it came back and I started to freak out.  I knew what had happened but I literally couldn't deal with it - I couldn't even say it to myself.  I couldn't accept that he would do something like that, and I told myself it must have just been a "mistake" and that if it happened again I would be more prepared (!?!).  So I made myself forget about it.  And he never mentioned it.

We broke up for other reasons in the summer of 2016.  The recent events around sexual assault in the US jogged my memory this past October. I blocked this out for two years and now I'm having a really hard time with it.  I've talked with the US embassy here and was told I could make a report to the local police, but the embassy is not optimistic that anything will be done.  I was prepared for that but wanted to at least make a report but I might not even be allowed to do that.  Because of the amount of time that has passed and because there's no evidence.  Even if there was, I was in a serious relationship and it wasn't violent.  And China's attitudes about sexual assault and just women in general are...not great.

**My Question:**

Is there any recourse for me in the US?  My ex and I are from different states and the rape occurred in China.  There is no proof, just my word, and I know that this would be an issue even in the states.  I understand the answer is likely not favorable, and I am realistic about that.  But I have to ask.  Even if no action can be taken, could I make some sort of report?  I just want to get as much information as I can, to know all the options available, so I can know what to do, even if I can't do anything.  Because I don't know what to do.

Answer: No, no US court would have jurisdiction over this. You should look into resources for rape and abuse survivors.


Title: [NJ] packages continually stolen off stoop.

Question:
I know what the smart thing to do is. Have packages delivered to work, ask for signatures, etc... and I will do one of these things.

What I am curious about is my rights/legal liabilities I face apprehending this person. I have the option to work remotely some days with my job. I would really like to set a dummy package by my door and wait for this person to come and then confront them. Ideally I would really like to   detain (don't know if that's the right word) them there, physically if need be, until the cops come.

Again, I understand that this is dangerous and there are other better solutions. I am just asking to know more about the legal issues of this option. Just looking for facts.

 At what point does it constitute theft? Will anything be done or will the police let the person go? If it gets physical do I open myself up to liabilities ? Am I even allowed to restrain a person until the police come ?

Any answers are much appreciated, thank you

Answer:
 Gather evidence (a video camera would be great), then turn the evidence over to the police.

Playing wannabe cop by "making a citizen arrest" is a recipe for being sued or charged yourself.Answer #2: Leaving a dummy box out with a security camera on it is a perfectly good idea.

Attempting to physically confront someone is a very fast way to get beaten, killed, sued, or criminally charged yourself.  There is virtually no situation in which that's a good idea.Answer #3: Getting evidence on camera and turning it over to the police to then do their job of investigating and arresting the thief is a good idea.  Mailing yourself a box of rocks (and maybe some sort of GPS device as a free bonus?) and letting the thief take it on camera is an excellent way for them to steal an 'actual' package so that you can bring down all sorts of legal hurt on them.

Working from home with the intention of being Batman is not.  If the answer to "Would Batman do this?" is yes, then don't do it. You are not Batman, vigilantism is illegal. Let the cops do their jobs, you are not Batman.


Title: Did cops use their quotas?

Question:
This is regarding the chicago police department and 3 years ago. I've never gotten a full answer or even memory because I was tipsy or drunk at the time. Me and my boyfriend were arguing over a parking ticket. During arguing he put on his expensive headphones and I was pissed so I pulled them off his head. Then I am thrown on the ground and having the right side of my body being beat to shit. Proof because I wanted to go to the ER the next day due to abdominal pain but I had to go to court so I didn't. This is my memory.

His memory is that I got on the couch and started beating him, so he started packing things up and was trying to leave but the cops came right then cause my mom called.

Anyways when the cops got there they said, "she has bruises" and they handcuffed him. I do NOT remember saying to arrest him and it's not like me to say something like that. On top of that there is a hand-written police statement, not in my handwriting but has my signature; the first time I read it was like 3 months later and I was like, "wtf? I didn't say this!" It's inconsistent completely with my memory so my thought is that they had me sign it and wrote it up afterwards.

I absolutely do not remember saying them to get him arrested, and I KNOW I didn't write that statement and what was written on it is completely inconsistent with my memory (getting beat on my side--why wouldn't I put that in the report?). And I broke his headphones in half after being beaten and that's not on the report either.

Honestly the only papers I remember seeing is the male detective writing like 5 words on the corner of a very used note pad.

I know I had been drinking but I can't imagine I would have wanted him arrested --I'm not that type of person--so is there like a quota to arrest suspected abusers? Or is it mandated that people who are deemed abusers (cause bruises) are arrested in chicago?

Answer:
 >. I do NOT remember saying to arrest him

the police dont need you to tell them when to arrest people who they feel break the law. Doubly so in DV situations because the law specifically says they dont need that


Title: So I lied on my tax return....

Question:
Guys I'm freaking out right now. So my W2s were taking forever to come and I got impatient and filed my taxes online anyway but guessed the numbers. I finally received my W2 and the numbers are way off. I'm getting a $5000 refund when I really should have just gotten a $2000 one. I looked up the consequences of doing that and I'm kind of freaked out now. I had no idea it was that serious. They already accepted my return and I don't have a way to go back and edit it. What's going to happen? Are things like this usually caught? I'm okay with paying a fee but will I go to prison for this? Please help.
Topic:
Tax Law

Answer:
 >They already accepted my return and I don't have a way to go back and edit it.

Just submit an amended return.

And next time, wait until you actually have your tax documents instead of guessing.

You'll be fine - you'll just need to write them a check for the difference in tax :)

Answer #2: You should file an amended return.

>Are things like this usually caught?

Will the IRS catch that your W2 numbers don't match your W2?  Yes.

>I'm okay with paying a fee but will I go to prison for this?

You're not going to prison.  But you need to correct the "error".


Title: Father-in-Law Left Unattended

Question:
I'll make this as brief as possible, and unfortunately it will be somewhat vague as the information from the hospital has been vague. My father-in-law recently went into the hospital for a somewhat serious condition. He's had a laundry list of medical problems over the years, but was treated and was stable. This is where things get fishy...

&#x200B;

Apparently, he was disconnected from all monitors in order to be sent to another floor/wing. This could have been for as long as 30 minutes, but again, information from the hospital has been hazy. Sometime during that period, he had a cardiac episode, which was only noticed when a nurse or doctor happened to come by his room. The medical staff had to "work on him" (their words) for 30 minutes to get his heart started. Since then, he has not regained consciousness and is on a ventilator. The family now faces the prospects of either pulling the plug or placing him in a home if he does eventually come around, as there is almost definitely serious brain damage.

&#x200B;

Now, the reason we're thinking along legal lines is obviously because of the time left unattended with no monitoring devices. Any advice would be appreciated. We don't know what to do: get a medical malpractice guy from the yellow pages? Ask the hospital for more specific documentation about his (mis-)treatment? Let it go, as these things happen? Ask someone else... Something?

&#x200B;

Thanks.
Topic:
Medicine and Malpractice

Answer: So he was stable and they were preparing to move him to a non-telemetry floor?  Since he was stable and was going to be moved it sounds like this wasn't malpractice this was just unfortunate timing for his heart to act up.  If your stable insurance gets *really* cranky about paying for "unnecessary monitoring," sometimes to the point of refusing to pay so the bill is on the family.  Also the patient has to be off monitors for a certain period of time before they are sent home.  Sounds like no one did anything wrong it was just bad timing.


Title: Is it against DOL laws for hourly employees to work from home? - MD

Question:
I am an hourly employee working for a subcontractor as an estimator in the state of Maryland. In light of all the coronavirus stuff and not knowing whether or not we will be shut down, we were given permission to put remote access on our home computers.

Today I was working from home per my managers instructions since I was sick, HR found out and reiterated we cannot do this “per DOL law” unless a quarantine were to happen.

She will not specify which law, and says its because we are hourly employees but I believe she’s just lying because they do not want us working from home for whatever reason. Is there an actual law against this?
Topic:
Business Law

Answer: no it's not against the law. It's a policy matter.


Title: Can't get a promotion due to a sexual harassment case against me.

Question:
So I'm trying to very vague but there was a, lets say, coworker that tried to accuse me of sexual harassing them and after it was all said and done, I was innocent and they were giving a warning to stop harassing me and she kept on. Finally, they stopped, kinda....they never got fired. So recently there was an opening for a promotion and I couldn't get it due to the case that they were still employed and saw a possible conflict in the future. Is there anything that I could do? Should of they gotten fired? What are my options? Btw I don't want to give out my exact location but I can say that I'm in the southeast.
Topic:
Employment Law

Answer:
 This is a matter of internal hiring and discipline policy. You aren't entitled to that promotion. And frankly, they probably told you that was the reason because they didn't want to tell you the real reason. Answer #2: The reason they're giving you is totally valid.

The only reason you'd have a case here is if the *real* reason you aren't getting a promotion is discrimination against you as a member of a protected class.

You should probably look outside your company if you want to advance your career.


Title: [Michigan] I'll be working and camping at an EDM festival. I take prescribed Adderall, and it is in a high dose due to my size. How can I protect myself and my friend legally?

Question:
Hey guys! I apologize if this is the wrong subreddit or a stupid question.
This summer, I'll be working at an EDM festival. It's a week long, and I (18M) will be camping there with my friend (29F) and possibly her boyfriend. I only share the age and gender because I don't know if this is needed or not. My friend and I are making preparations, and going out of our way to make sure that we stay safe and have fun, letting our family know where we're going, etc.
My friend, who has been going to this festival for several years now, has mentioned that there are drugs at this festival. I'm alright with this, because I don't really plan to drink heavily (or at all), since I'm 18.
This said, as mentioned in the title, I am prescribed Adderall for ADD and a few other issues. I do plan to stop taking Adderall after I graduate school, when I have the time to deal with the withdrawals, but I won't be off of it by the time this concert is going on. Because I'm a pretty big guy, I take a pretty big dose of ~~75mg~~ 50mg.

It's for this reason that I'm worried about me or my friend (if we wind up sharing a tent) getting in trouble for having large quantities of what many use as a party drug.
Among other things, I plan to get a doctors note, only bring what I need, and bring it in the bottle. I guess I wanted to know if there's anything I need to do ahead of time.
Edit: After everyone talked about how dangerous my dose is, I double checked the bottle. It's 50 mg, not 75. I got it mixed up with different meds. I appreciate the concern! You should also keep in mind that I've been taking it since event art school, so I've built a tolerance.

Answer:
 **Do not remove any meds from the bottle.** Ignore the people who tell you to do that. I know it sounds like good advice, but it's not. Take the whole bottle with you, and take your normal dose.

There is nothing illegal about carrying all your meds in the prescriptions bottle when you travel. Don't try anything fancy. Counting meds is investigation 101. If there aren't as many pills in the bottle as there should be - based on fill date and your dose rate - or if the wrong *type* of pills are in the bottle, the police can infer that you sold the others.Answer #2: Keep it in the prescription bottle.  Keep that bottle in your stuff.  Don't, um "accidentally" let anyone else have the bottle, or your pills, or anything else.

In other words, don't do anything shady with it and you won't have a problem.Answer #3: Don't take only what you need. If the police are suspicious that you may be dealing, the first thing they'll do is count the pills in the bottle and compare that number with the amount that SHOULD be in the bottle. Some pharmacists may be able to give you a small bottle with a proper label if you explain that you'll be traveling and don't want to take your entire prescription with you


Title: I pay an outrageous amount of child support.

Question:
(Wasn't sure what flair to use)
So I used to work at a factory making $50k+ a year, but the place was going under. I left nine months ago and started work at UPS. I currently make $13 an hour at 20 hours a week. Over the past nine months, I have been paying $500 a month in child support. This is what I was paying at the factory I was working in. When I changed jobs I called my child support enforcement agency and told them about the change and the pay cut I was taking. They told me that I had to wait six months for a review to my case after the pay cut. So I waited, and struggled. Today, I had my case hearing in front of a Magistrate. I explained to her that my old factory was going under (I found out from friends that this week would have been the week I was to be laid off had I stayed. Because the people I hired in with were laid off this week) and that I left the sinking ship to work at UPS. I want to put in my time, get enough seniority, and become a package car driver. They start around $18 an hour, which is what I topped out at in the factory I used to work in. The Magistrate wasn't having any of it. She told me that since I willing left a $50k+ a year job for a $14k+ a year job my situation didn't look good. I told her that legally, I'm aware it looked like a bad move. But this will be better in the long run down the road. My ex wife makes $4 an hour when she is a waitress, and $5 an hour when she bartends. She also stated that she brings home on average $300 a week in tips. The Magistrate said that this puts my ex wife over minium annual wage, and puts me under the annual minium wage, by a lot. So the Magistrate and the child support representative that was there with my ex wife plugged some numbers in to the computer and told me that I was to now pay $400 a month I'm child support. They told me that they plugged my annual income as $21k a year, and that they plugged in a different amount for my ex wife that what she makes. (I don't remember her number). But they put in a higher number for me, and a lower number for her. She then told me that the court deems this fair given the fact I left my job of my own accord. I didn't argue, because I couldn't afford legal representation but how is this ok? My best friend makes $19 an hour, working 50 some hours a week, and STILL pays less a month in child support for his one child. (I only have one child as well). What are my options? I know I could quit UPS, but like I stated earlier, this will be better in the long run. I could juggle two jobs, but that will ultimately cut in to what very little time I get to see my daughter. I feel cheated, my reasoning for leaving the factory and staring at UPS were legitimate. I feel like the system has cheated me. Can they even legally lie about the numbers when they put them in to the child support calculator in the magistrate's computer? I'm expecting a lot of advice that's going to say "get a lawyer" but I'm already flat broke as is. I just don't know what any of my other options may be. Thanks for any advice in advance. I'm desperate here.
Topic:
Custody Divorce and Family

Answer: The judge is telling you that you voluntarily left a job and now expect your ex to pick up the tab for that choice and that’s not acceptable. Get a second job or find a job that pays more. Those are the breaks.   Someone has to pay for your child. All those things that cost like rent, food, clothes, etc don’t go away when you left your better paying job and cut your pay so drastically.Answer #2: It works like this because you did leave your job before you needed to. I would suggest that if you are only currently working 20 hours a week you look for another part time job.


Title: Competing tattoo shop in my city has posted pictures of work performed at my shop representing it as theirs

Question:
As any intelligent business person I keep tabs on my market and competitors. Over a week ago I noticed the competitor had updated their social media and website when I checked it out there are pictures taken in my shop that were posted on our Facebook from work performed very recently under one of our artists that no longer has worked at the other shop for some time.

Did they have someone doing their website that does not know who even works at that shop? Probably. I sent an email to their shop formally requesting they remove our work and any reference to our artist. Someone responded claiming they would and it's been over a week now. Am I in the right to proceed with a intellectual property lawsuit since my Shop's work is showing up on their website claiming to be theirs? And we're not just talking about one little measly picture there are nearly a dozen

Answer: Have the person who took the photos send a DCMA takedown notice.


Title: Oregon (and like the whole united states) Traffic Laws: If I am too close to make a smooth stop near a stopping school bus can I pass?

Question:
So today I was driving down the road and a bus stopped in front of me. I was at like 35mph and was just in front of the bus as the stop signs came out. My question is since I am so close to the bus going a decent speed should I make the rough stop or do I just pass the bus?
Topic:
Traffic and Parking

Answer: Bus drivers normally throw on the caution lights 5 to 10 second before the stop sign activates, giving you plenty of time to stop safely. Passing a bus with it's stop sign out will always end up going against you.


Title: Dad passed away after hospital told him his X-ray came back negative (NJ)

Question:
Hello, I don't really post on reddit (this might be my first ever submission) and I'm not entirely sure this is the right place to post this but my father passed away a couple days ago.

To start from the beginning, last Week my dad used his inhaler one night and passed out and fell and hit something. He was somewhat ok after that but said there was some pain. After complaining about it for a couple days, he went to urgent care and they lifted up his shirt where he said it hurt and they said there was no internal bleeding and they took x-rays and sent him on his way. Unfortunately he died a couple days later when I rushed him to the emergency room when he got home from work and was in a severe amount of pain. They said he stopped breathing and did cpr on him for 40+ minutes to no avail and said he probably died of internal bleeding.

Two days after he died my mom called urgent care to see what the X-ray results were (because they never told us) and was told they came back negative and he had no broken ribs or anything. The hospital tried writing the death off as internal bleeding and after some phone calls and arguing, they agreed an autopsy would be done. The next day the autopsy reported back saying he had 4 broken ribs and 2 completely broke off and the jagged edge of one of the broken off ones perforated his lung causing him to die.

So I'm wondering if there is anything legally we can do since his death could have been avoided if they did the X-rays correctly and reported back to us.

Thank you in advance.

Tl;dr: Hospital urgent care took X-ray and said nothing was wrong, father died couple days later and autopsy said he died of 4 broken ribs, one of which, perforated his lungs. Wondering if there is anything legally that can be done.
Topic:
Medicine and Malpractice

Answer:
 I am sorry for your loss.

This is probably a legit medical malpractice case and you should consult with a medical malpractice attorney.  Give that attorney all the info and they can help you decide on how to go forward.

Edit-

Additionally, look into grief counseling.  Even if you don't think you and your family need it, it won't hurt.  It sucks loosing anyone, especially so suddenly.  But it has to suck even more at your age.

Answer #2: Has anyone other than urgent care looked at the original x-rays? 40 minutes of CPR could certainly break a few ribs. Answer #3: He may not have had broken ribs until they performed CPR -- it can be wicked hard on a body.   Nonetheless, talk to a lawyer - at the very least I would want an independent professional to review the original ER findings and the autopsy report.


Title: [TX] Locked containers during a traffic stop.

Question:
This is purely hypothetical, I've just always wondered how this works. Let's say I have a rolling tool chest in the back of my work truck, padlocked shit, and during a traffic stop the officer wants to look inside. What circumstances would allow him to order me to open it/break out the bolt cutters? Assuming it didnt reek of weed or something.

I've heard of and seen videos of canine officers giving false hits (I used to work for a guy that trained dogs for a lot of departments in TX, he stopped doing drug dogs because of how misused they are), does a person have legal recourse if you can prove an officer caused the dog to give a false hit (slapping the side of a vehicle, etc).

I've been friends with stoners since highschool, and an old myth is that the cops cant open a locked strongbox during a traffic stop. Obviously this gets chucked out the window because people carry when they drive, smoke when they drive, etc, but it made me curious about what the law ACTUALLY states, and how its interpreted in TX. It seems like this is the place to ask, apologies if I'm mistaken.

Answer:
 [Here’s](https://law.justia.com/constitution/us/amendment-04/16-vehicular-searches.html#fn-308) a good rundown on the law from a federal perspective. As is this [FLETC](https://www.fletc.gov/sites/default/files/imported_files/training/programs/legal-division/downloads-articles-and-faqs/research-by-subject/4th-amendment/lockedcontainers.pdf) PDF on the topic.

In general, once you’re arrested locked containers can be opened as part of an inventory search. Similarly, if the officer has probable cause to execute a warrantless search on your vehicle (the “mobile conveyance” exception to 4A), they can open any locked containers as part of that search. If you’re stopped as part of a routine traffic stop, then the cop doesn’t have the right to open a locked container, unless you consent/do something that allows them to use one of the exceptions.


Title: [CA] boss still hasn't paid me

Question: [deleted]

Answer: File a wage claim with your state's labor board.


Title: Embezzlement

Question: My wife was arrested on embezzlement 3 years ago for 36000. She was just indicted for 45000. Will her bond go up now?  This is in Mississippi and it’s 3 felonies totaling the amount. How long could she go to jail if found guilty and fines be?

Answer:
 These are the questions you need to be asking her lawyer.
You’ve far surpassed reddit advice and ventured into felony land.  This is very serious and a very significant amount of money. This isn’t petty theft.
Some quick googling brings up if it’s $25k or greater you’re looking at potentially a max sentence of 20 years and up up to $25k in fines.


Title: My car got towed because it looked abandoned at the apartment complex I live at.

Question:
I just had to pay $275 to get my car back from the towing company. Here are the facts. Let me know if there’s anything I can do to get my money back. I live in Cherokee county, GA.

1. I recently bought a new car and my old car has been sitting unused at my apartment complex while I try to sell it. It was in the same place for 2 weeks.

2. I have renewed my tag online but I never received a sticker for my license plate. The apartment complex has a rule that my tag must display the current updated registration sticker. This was reasoning for towing my car.

3. They gave me a warning by placing a sticker on my car window. Since I am using my new car and my old car was parked towards the back of the complex I didn’t see it.

4. I’ve sent an email to the manager at the apartment complex. He said that since my tag looking expired they would not help pay for the towing fee.
Topic:
Landlord Tenant Housing

Answer: It’s standard for apartment complexes to tow vehicles with out of date plates.  You not seeing the warning sticker they placed on your vehicle is not a defense.  I have a hard time seeing you getting anything back from this


Title: Neighbor's dog came onto my property and killed my cat

Question:
Earlier today, around 10am, I let my cats out into my yard, as I do each day. Approximately 25 minutes later, I hear loud barking in my front yard, lots of yelling, ruckus, etc. I rush outside to find a child, appx age 13, yelling at their off-leash dog, who has my cat in it's jaws. My cat is struggling to free itself, but cannot do so, paling in size and strength in comparison to the large, muscular, doberman which has it in its mouth. The child is yelling at the dog to release my cat, to no avail, and the dog continues to clamp its jaws on my animal and shake it against the rocks in my front yard, in order to kill it.

There is a leash in the child's hand, which appears to be "choke" method variety, and there is no collar on their animal. In attempting to restrain the dog, the child is attacked by the animal, bitten, and the dog immediately returns to grab my animal (which is now long dead). The dog takes my animal and runs off with it to the neighbor's yard, all the while the child is still attempting to regain control of it, without success.

I called the sheriff's department and animal control, who arrive about a minute after the animal has been restrained, meanwhile my cat is lying dead in my neighbor's front yard. The sheriff's asked the child if this had occurred in the past, and the child confirmed that it once had, in a situation where the child was again walking the dog (alone), and the dog came off it's leash and attacked/killed another cat. The child's parent arrived 15 minutes later and confirmed to the officer that the dog had exhibited this same behavior in the past, but that the owners of the other cat had chosen not to involve the police, so no report was ever filed. Technically speaking, this is a "first offense" for the dog. This family lives more than a mile down the hill from my home, so I am livid that, even after their dog killed another animal in the past, their child was allowed to take their dog so far from home when he had proven incapable of restraining it.

I am wondering if I have any legal options in this situation. First and foremost, I would like this dog to be eliminated, not out of spite or retribution, but because I don't want another animal (or god forbid, a child) to fall victim to this aggressive behavior. But Also, while I'm sure it's unlikely, do I stand any legitimate ground should I choose to pursue this in a civil manner, such as small-claims court? This is my dearly beloved pet, and I just witnessed his barbaric demise. I keep finding bits of his remains spattered across my front lawn, and I am traumatized to say the least. According to the animal control officer who filed the report, the family does have the option to keep their dog, meaning that they would not suffer any consequences of their negligence. As a victim, do I have any other mechanism available to ensure this dog stays off the street? The dog is currently in quarantine to ensure it doesn't have rabies (as the child was bitten), but only for a period of 10 days, then the owner can decide what to do with it.

It should be noted: my cat never left the confines of my front/back yard, and was killed on my property, which the dog and owner entered. I am a resident of an incorporated town in the San Francisco Bay Area, Alameda County, if that matters.

I'm sorry for how frantically written this is. I'm very shaken up by what transpired this morning. Thank you in advance for any or all suggestions you may have.

TL;DR- neighbor's dog came onto my property (front yard) and killed my cat. Neighbor admitted that dog has done this previously, but no complaint was filed in the past, so it's a "first offense."

Answer:
 In these circumstances you can very likely sue the dog owner for the value of the cat.  In most cases the value of a house cat is low enough to make that of questionable value (but could be different if the cat was an expensive breed).

The disposition of the dog is the purview of Animal Control.  You generally do not have any private cause of action to see anything specific done with the dog.

I'm sorry for your loss, and that the answers probably aren't very satisfying.


Title: [IA] Wife recently discovered her father molested her as a child. Looking for advice on how to protect her.

Question:
Hi LegalAdvice,

My wife recently (approximately 1 week ago) learned that when she was a young child, about 2 years old, her father molested her as well as one of her other sisters.

I'm not clear on all the details, but he is listed on the registered sex offender list, and it shows 2 convictions, 2 months apart, both listed as "Indecent contact with a child".

She learned about this through one of her sisters (let's call her Jen) that her father did not abuse. Jen thought that my wife already knew about this, and when they were kids, Jen was the one who reported what was happening with my wife and the other sister who was abused.

Up until now she had no idea about this, as her other family has evidently kept it from her and has actively worked to cover this up. Additionally, until this point she has had a fairly normal relationship with her father. Now that this has been exposed, there are a lot of things coming up from her past that are "clicking". E.g., supervised visits with her father when she was a child.

With this in mind, she is having a lot of trouble dealing with this. She is nervous being home that her father will show up and she is nervous being out in public for fear of running into him. We are already looking into therapy for her and she has blocked his phone number and blocked other specific family members on Facebook who helped cover this up.

We are looking for any way to help protect her in this situation. She does not want any contact with her father. I've tried looking up how restraining orders/personal protection orders work, but it's muddled from what I can see, especially considering this happened nearly 20 years ago and it was between her and an immediate family member. She is thinking about going to the local police station this afternoon with Jen to ask about restraining/protection orders.

I understand there may not be a lot we can do since it happened such a long time ago. I'm just hoping for any advice or suggestions anyone might have on how to proceed here.

Thank you all for any assistance you can provide.

Answer: She's not going to get a protection order.  Just tell him he is no longer welcome to come around or call her.Answer #2: First step is telling the guy she doesn't want contact with him, he isn't welcome at her home. If he continues to try to force contact them look at the legal system. But right now, he hasn't done anything to warrant a protective order. Nothing happened any time recently to make her feel concerned and up until a week ago she was fine with his contact.


Title: How many dogs can you have in Deland, Florida?

Question: ^ pretty much the title. I know some places have laws limiting how many dogs you can have. What about Deland, FL?

Answer:
 Apparently [no more than four](https://www.municode.com/library/fl/deland/codes/code_of_ordinances?nodeId=COOR_CH4ANCO_ARTIIKEAN):

>Sec. 4-7. - Number of dogs, cats and rabbits which may be kept at a residence.
>It is hereby found and declared that the keeping or maintaining of an inordinate number of mature dogs, cats, or rabbits in a city residential environment creates a health and sanitation menace due to the unabated excretion of fecal matter and urine of such animals which produces offensive odors and unsanitary conditions; consequently:

>It shall be unlawful and prohibited for any person to keep, harbor or maintain a total combination of more than four cats and/or dogs that have reached licensing age at any residence within the city.


Title: [MI] Local police department posting images of minors on FACEBOOK hoping to solve non-violent crimes.

Question:
My local police department posted security camera footage of what looks to be a 12 year old kid who is suspected of damaging lights in a nearby park.

On a personal level I feel like encouraging a witch-hunt for a child is unprofessional and dangerous, especially when you are leaving the job in the hands of facebook users.

My own feelings aside, I was wondering if this is in violation of a minor's rights or potentially against the law.

Answer: nope, one can generally photograph or record the public.


Title: If someone is imprisoned for doing something illegal that during imprisonment becomes legalised, what happens to that person?

Question:
I was wondering whether the protocol is to continue to hold them in prison (as they had committed a crime at the time), or release them in the face of this change.

(So I'm not asking for personal advice, just very curious. Is this the right sub?)

Edit: thanks for the replies, you guys are awesome. I now understand one thing more than I did before.

Answer:
 If the law is simply repealed, then nothing particular will happen.  The subject did break the law, and was convicted appropriately.  No direct avenue of appeal would be available, although the repeal could act in their favor at a parole or bond hearing.

If the law was declared unconstitutional, that's a different story.  The person would then be able to move for a dismissal of those charges.  Their success there would depend on the circumstances of the crime and the application of the law.Answer #2: Are we talking about marijuana legalization ?    That's the usual context for the question.

In my jurisdiction, police stopped writing citations for simple possession more than a year before the law took effect, in part to avoid the complaints from stoners who don't understand law or linear time that "it's legal now, man !".

But I'm unaware of anyone imprisoned for production or distribution who was released because it was now possible for them to get a license and pay taxes to do the same thing they'd done illegally before.


Title: My ex had medicaid for our son without my knowing. Now I'm being sued by the state.

Question: [deleted]

Answer: Jesus, get a lawyer now, you need a custody agreement to protect you all.


Title: My friend is in a stinky situation

Question:
So I was hanging out with my friends tonight catching up having a beer, we get to talking and my friend starts telling a story.
 He was at work (other friends dad private construction companie) and he had to use the bathroom. There wants a porta potty on site and he held it as long as he could. He went off site and do his business. Turns out he duced on a nature preserve and they got it on a wilderness camera. Now there trying to get him for 5k for littering because of the napkin he used to wipe up. How can my friend go about this

Answer: Pay the fine. If they have him on camera littering on a nature preserve there isn't much he can do.


Title: My managers are changing the amount of tips I'm claiming by a lot.

Question:
Okay to start off: I'm a server. Most servers are dishonest. I'm not, because I like qualifying for things which is easier when I claim every dollar I make. I work hourly with the same company so I don't have to back pay taxes. Recently, we've had the managers tell us that we have to claim a minimum amount (a percentage of our sales, at the time 18%) so THEY don't get audited. At first, it was fine. Then, they decided they were going to change that minimum amount, so in the past month, it's skyrocketed to 28% of our sales. I don't make that much, at least not every day, and even if I did, I have a mandatory 5% tip out, so that means my average tip has to be 32% of the bill, which is ridiculous. I've continued to claim exactly what I make, because I'm not going to claim a 'minimum' that is usually about double what I make.

I know for a fact my managers are changing what I claim- partially because they say "If you don't claim this, we'll change it," and because my clock out slips don't match my checks. I didn't give them permission to do this. I know this is illegal in Texas, but I'm in Virginia. Last week, my check said I made $458 in tips alone, when I really made $282. I'm angry that I'm paying twice as much tax so my manager doesn't get audited. If I got audited, I'd be fine, because I'm honest. Should I just quit? Is there another solution? Should I stick it out and save up and collect all my clock out slips and go to a lawyer? Am I essentially agreeing to them changing my tips by continuing to work there after being informed?

Thanks in advance, I appreciate any help you can give.

Answer:
 You are obligated to report your actual income, your employer is breaking the law by falsifying it. If they are forcing servers to significantly over report the amount of tips you are making to avoid an audit, there is a pretty darn good reason to suspect they have reason to be concerned about an audit. Restaurants and cash businesses are great ways to launder money by inflating actual sales, but they would need their servers to report tips matching their claimed profit.

Contact info for Virginia DOLI.

http://www.doli.virginia.gov/contactinfo/contact_intro.html


Title: Might be sued for Defamation of Character and Slander.

Question:
I recently left a job because the owner was unethical. After my departure he has withheld my final paycheck. I called one of his clients to let them know that he was overcharging them for the work that was being done. He is now threatening to sue me if that client leaves. How much of a case would he have?

This is in Colorado.

Answer: This sounds more like interference with contract rather than defamation or slander.  I don't know what the standard is in Colorado, but it is possible that you could be held liable.


Title: As a salaried employee, what is the legal maximum amount of mandatory unpaid overtime that my employer can require? - Ohio

Question:
I've looked all over the Internets and just need someone who can understand all the legal jargon and tell me how it is.

I work in Cleveland, Ohio.
Topic:
Labor Law

Answer: they can require you to work up to 128 hours of overtime per week in addition to the standard 40 hours of normal work.


Title: Stupid question about growing culinary herbs in my apartment.

Question:
Okay, this is probably a really dumb question, but I'm paranoid. I want to start growing culinary herbs in my apartment (really, I actually do mean culinary herbs). I have set up some thyme and chives under a grow light.

Do I need to be concerned that apartment maintenance is going to see this, assume it's pot, and call the cops on me? If that did happen, how would that be likely to go down? Would the cops probably get a warrant to search my apartment? Could I just say "I'm growing culinary herbs, here is my bag of thyme seeds" or would this be a situation where I'd want to clam up?

Sorry if this is a stupid thing to ask. I'm sure it would work out in the end when there turned out not to be any pot whatsoever in my apartment, I just want to avoid a situation where there's a lot of embarrassing hassle and cops rifling through my belongings and upsetting my cats over a thyme plant.

Edit: Sorry, forgot to say I'm in PA.

Edit 2: It sounds like I have nothing to worry about, which is an immense relief. Thank you for your responses, I really appreciate it.

**Edit 3:** Since people still seem to be responding to this, I have some followup questions. The consensus seems to be that it's highly improbable that the police will visit me over one grow light, but my concern is that if it *did* happen I wouldn't know how to react. My two big questions are: 1. Given that I don't actually have anything illegal in my apartment, should I speak to the cops or should I clam up and call a lawyer? And 2. If they ask to come inside, given that I don't have anything illegal in here, am I better off just letting them or should I tell them to get a warrant? I know it's always a bad idea to let them in if you actually have illegal stuff, but I don't--so my primary concern is not avoiding a conviction, but minimizing the risk that they tear my home apart and go through all my stuff. What is my best course of action to avoid having them ransack my apartment?
Topic:
Searches and Seizures

Answer:
 Make sure you weigh down any trays too.

Because thyme flies.Answer #2: Hate to be a bummer, but situations like this do happen, although quite rarely:

https://popehat.com/2016/01/05/tea-and-unaccountability-bureaucracy-and-the-drug-war/

Highly suggest you don't shop for grow lights on 4/20 or throw out stuff that might conceivably be confused for pot.


Title: If some people boost a truck and get pulled over the next day and the cop stalls until other cops come because it was her truck is it a conflict of interest? She never mentioned it when she first pulled them over. She had a camera in her driveway too. Can it be thrown out for this? [FL]

Answer:
 No, you can't have it thrown out.  She had the greatest probable cause in the *world* for the stop, and her waiting for other officers is the right thing to do, not the wrong thing.

Rather than whining that you got caught, consider apologizing for stealing her truck.Answer #2: No. If it is her truck, then she definitely knows it is stolen and definitely has probable cause. Sounds like someone is going to jail.Answer #3: Under your logic, the case of 'some people stealing a truck' gets thrown out and the criminals face no punishment because the truck belongs to the arresting officer?

Does that sound reasonable when you say that out loud?


Title: What is my legal recourse if a person uses a picture of me on a billboard without my consent,

Question:
My future mother in law hates me, slanders me to family members and calls me satan, etc. She threatened to put up a billboard of me. I have done nothing to her nor am I a criminal of any sort. What can I do to have it taken down if she plans on doing this.

Flaired douche because I didnt know what flair to use.
Topic:
Douche

Answer:
 A billboard of you that makes what types of claims?Answer #2: Would this be illegal if it forms part of a wider pattern of harrasment?Answer #3: OP, where are you located? This might change your rights to your own image. You'd might want to just get a lawyer or lawyer friend to send the monster-in-law a C&D order on all this and future torts and semislanders she is committing against you and spreading throughout your family.

If she does create a billboard or other very public slander you would already have the C&D and could outright sue her and the billboard company.Answer #4: You can laugh that they spent a hundred thousand on a billboard.  Seriously, they are expensive.


Title: Young mother

Question: /R/ legaladvice,  I really need your help. I have a friend who is an expecting mother. The father is not of sound mind and won't allow her to put the child up to be adopted by a close family member. She is scared of him and gets feelings of him threatening her. Is there a way she can bypass him and allow the adoption and get a restraining order. Also she lives in Arizona. Please please any information will help. I really appreciate it. I do have her permission to post this.

Answer: The father has a legal right to parent his child if the mother does not want to do so, unless or until his parental rights are terminated through the courts. What specifically do you mean by "not of sound mind"? If she is threatened by him, she should call 911 and stay away from him for the time being.


Title: Drank a bottle of wine from a sublet I was in. Now being told to pay 250 euros or get the cops involved.

Question:
I am an US citizen living in Germany.  In June I stayed in a woman's apartment.  She said I could use anything as long as I replaced it.  I drank a bottle of wine that was in her cupboard.  I had looked it up and it was about 10 euros.  I planned on replacing it if I saw it but never saw one so when I left I offered to pay for it.  She said it was 250 euros.  I told her I looked it up and it was listed at 10 to 14 euros and asked how it could be so much more.  She said "something about the year".  I told her I couldn't pay then but would when I had the money.  In the meantime I looked into it and there was no way it could be that much.  So I sent her 50 euros and sent a webpage that was offering the same bottle for under 15 euros.  Now she is saying that it wasn't a 2011 and that I can't prove it was since I threw away the evidence but she has a photo and an invoice and will call the police.  I wanted to say that she may have a photo and invoice of a 250 euro bottle of wine but it was not the bottle I drank.  Instead though I have decided it is best to not even respond to her since it could become a legal problem.  Anyways, what should I do at this point?

Couple notes:

 I believe she was illegally subletting the apartment to me and there was no contract signed or deposit asked for or given.

The bottle was a sparkling German wine.  A Vaux Sekt couvee 2011.

Answer:
 > I believe she was illegally subletting the apartment to me and there was no contract signed or deposit asked for or given.

That doesn't have any bearing on your problem with her.

> Anyways, what should I do at this point?

Provide her with a bottle of the wine you drank. She gave you conditional permission to drink it if you replaced it. You didn't and are now only offering a price you have decided is "fair".

> She said it was 250 euros. I told her I looked it up and it was listed at 10 to 14 euros and asked how it could be so much more.

Okay, let's say I accidentally destroyed a Salvador Dali painting and am unable to replace it. So instead of paying the value of the painting I offer to pay 100 Dollars based on a listing from 1945. Do you think that is fair?

I mean I can list the Mona Lisa for 10€ on my art website and mark it as "unavailable". Does it mean that the Mona Lisa is only worth 10€? If you have found the bottle for 15€ then it shouldn't be a problem for you to replace it.

If she has a receipt for the bottle you drank she can legally do a lot to you. Starting at suing you civilly or filing a police report. It is possible that it will ruin your further stay in Germany when the cops come looking for you.Answer #2: Replace the bottle with the same wine and vintage. No need to debate about what it may or may not be worth; simply replace it with the exact same thing.

Document / photograph everything in case she later claims you provided an interior vintage.


Title: Don’t like secrets. When it come to my bills.

Question:
“The State Attorney's investigation into Emerald Coast Utilities Authority has been closed, but the grand jury report will remain secret for the foreseeable future.”

Would the freedom of Information act be able to reveal these reports or am I just gonna be left in the dark forever?

Answer:
 Grand Jury records are sealed and FL statute prohibits much of what goes on from being responsive to the Sunshine law.

You can FOIA any investigative records created independent of the grand jury proceedings.


Title: Hypothetical situation from Law and Order, how would this work?

Question:
So I saw an episode where someone a woman got raped in bed. The guy breaks in from the sky light window. However, the guy claims and has proof of an ad online where the woman supposedly asks to be raped; it's a fantasy rape site.

Now the woman claims that she never posted the ad, it turns out to be an ex boyfriend that's messing with her.

They never went into detail about what happened to the rapist after they start up with ex boyfriend.

What happens to the rapist in the real world? Is he still charged with rape, even though they have reason to believe he wasn't doing the act maliciously? If he is, could he be charged with a lesser crime or less punishment.

Answer:
 > What happens to the rapist in the real world?

He parlays his brief cameo on Law and Order into a successful movie career. Answer #2: Unfortunately, I've had to deal with this exact situation before. Granted, it didn't involve a third-party. It's incredibly complicated and fact specific. If the woman asked for this rape fantasy, it comes down to consent at the time (hint: this is why safe words are so damn important). If it was a trick played by a third party, things are looking even worse for the alleged rapist.

>What happens to the rapist in the real world?

He would likely be charged and possibly convicted of rape. It would take a solid defense attorney to work through this, negate intent, and attempt to work toward a plea. It would also depend on on the circumstances of the rape and what degree of force was used, how/if she objected, etc.

>Is he still charged with rape, even though they have reason to believe he wasn't doing the act maliciously?

Yes, he'd almost certainly still be charged with rape. It's likely that a reasonable person standard of sorts would come into play.

> If he is, could he be charged with a lesser crime or less punishment.

Possibly. It's too fact-specific and sloppy to really give a clean answer on this hypo.


Title: [WI] Landlord wants a $2000 Cleaning Fee for an Emotional Support Dog

Question:
My brother was recommended an emotional support dog by his psychiatrist. His apartment does not allow pets. When he talked to the landlord, they consulted their lawyer and an Animal Allergies Group and said they'd allow the dog, but would charge a $2000 cleaning fee to make the apartment habitable for people with allergies again.

Is that legit? I assume it is since the landlord talked to her lawyer, but I don't think my brother should necessarily immediately take her word for it.

Answer:
 Assuming FHA applies, ESAs are generally exempt from all pet fees except reasonable security deposits. His landlord may be confused over the difference between an "assistance animal" and a "service animal", but for this particular purpose, there's no difference. Your brother will need an ESA letter from his psychiatrist (his psychiatrist will know exactly what to put and not put in this letter), and your brother should formalize his request to his landlord in writing ("I am requesting reasonable accommodation for my emotional support housecat, Captain Fluffywhiskers Meowton the Third, Esquire").

If the landlord balks, your brother should request their decision in writing.

The FHA does not apply if this is a small apartment complex of less than four units where one unit is occupied by the owner, or if this is a single-family home rented without a broker. There are also certain very rare exemptions made for religious reasons.Answer #2: 2000 sounds reasonable. There would have to be duct, furnace, vents, carpets, appliances etc all cleaned


Title: [AL] Child Support not being sent to Child Support Office by employer.

Question:
I work for a small family run business in a small south AL town. I've been employed with them for about 15 months. I pay child support to two separate DHR agencies in different counties.
I received a letter from my case worker that I am behind nearly $1300 for non-payment on my child support.  The money has been deducted weekly and I have all the pay stubs to prove it; but the money was never actually sent in after deduction from my wages.  Where does this leave me? Thank you for your help.

Answer:
 Tell the child support agency and tell whoever handles payroll.

If they are not paying funds withheld required by a court's withholding order, they can be held in contempt and also be held liable for the amount that was ordered to be garnished.Answer #2: Check with the other county to see if they've been paid or if everything is being sent to them instead of being split to two agencies. If the other agency has been receiving the extra money they may be able to transfer the proper amount to the other county.


Title: Confronted by an off duty cop in my school parking lot

Question: [deleted]

Answer: A police officer off duty is still a police officer. But I think the school crossing guard was making stuff up. Slow the hell down and follow the terms of your license if you don't want issues.