Title: Landlord evicting girlfriend, three day notice over phone, contest-ability [San Mateo County, CA]

Question:
Hello /r/legaladvice,
   This is a long story and I'll try to include everything relevant.

   My girlfriend has clinically diagnosed anxiety and aspects of OCD, Hoarder type behaviors, and is extremely socially awkward along with some ADHD.  She moved in with me from NC about 2 months ago to help me recover from some surgery I had performed.  I've been living in the unit for 2 years now with no problems until she showed up.

   Due to the conditions above, she's caused some trouble with neighbors (unfortunately, as I have tried to smooth it over by explaining her condition) and now the landlord called me last night and said she had to vacate within 72 hours.  Some of this trouble includes:
* Not throwing out rancid meat one night and just leaving it by our door because she broke down over another issue with me and got distracted by it.  Neighbor understandably got upset.
* Buying 3 shopping carts, 3 industrial carts, and a bunch of garbage cans from some kind of warehouse that was going out of sale and putting those in my carport (I do not own a car so I thought it would be all right).
* She's up at all hours of the night rearranging and "organizing" these garbage cans, which has caused some friction with the neighbors.
* She's cleaned everything, even things that are community property (like washer/dryer etc...).
* Just generally been a weird person.

The landlord called me about 2 weeks ago and apparently talked to her a few days before that about the carport containing "combustibles" and some fire department complaint.  He claimed that she said she would take care of it and didn't and so that night, we removed all the cardboard, and combustible materials from the car port.

What I didn't know about was all the garbage cans (full of my stuff which was disconcerting) that she had moved from the carport to the common area which he viewed as subterfuge and yesterday called me and told me she had to go within 72 hours.  As soon as I learned about this I was super pissed and we've spent all last night and today removing things from the garbage cans and am going to get a junk removal service to haul them away.

However, the problem is we can't afford to purchase her a ticket back to NC within 72 hours and we don't have any friends she could stay with.  I've tried reading the tenant rights information I can find for San Mateo county and California, but what I can't figure out is if I have some way to challenge this notice so that she can stay here until a more affordable time for a plane ticket.  I of course will be moving out, because I feel like the landlord is being a dick by escalating the situation so quickly.

Does she really have to be out in three days or can I contest that (especially regarding her condition and the fact that we're fixing the carport problem today)?  If she's not out in three days, does that mean she gets a 30-day notice (and hence will be able to fly out at a time more convenient) or do the Sheriffs come at some point?

It seems that the landlord will have to file a court order which will be 30 days to evict her for "nuisance" but I wasn't sure.  I am contacting a tenant lawyer on Monday, but was hoping I could at least get an information and outline today.  Hence the question.  Thank you a bunch in advance.

Answer:
 The girlfriend, regardless of if she is on the lease or not, is a tenant and has to be served the appropriate notice before you can be forcefully evicted.  If you drag your feet, you can probably expect police intervention next time she leaves rotting food outside or leaves trashcans in common areas for noise violations or littering, among other things.

Your girlfriend needs therapy and medication, if she does not already have that.  Your landlord is not being a dick; you are subjecting your neighbors to unnecessary complexities and discomforts because of who you choose to consort with.Answer #2: Sounds like he's giving you an informal notice that he wants her out. California requires written notice. I imagine the next step is you, the leaseholder, getting an official written notice naming daidoji70 and Jane Doe. If you don't comply with the written notice he can court file for eviction. The Sherriff won't show until after an eviction has been granted.

Thing is you don't want it to even get to the filing stage. An eviction will screw you in the future and even a filing will show up in public records. If you plan on moving anyway, maybe you can negotiate with him to give 30 or 60 day notice and let her stay.

BTW, is a lawyer going to be cheaper than a plane ticket?


Title: Unlawful arrest?

Question:
There is this article that I came across: a man was falsely accused by his ex-girlfriend of some things which got him arrested and jailed. It was later found that it was a lie, as he had a solid alibi, a selfie proving he was miles and miles away from said incident. I thought that if a police officer has not witnessed you committing a felony, they are not allowed to detain and arrest you. I thought you would just have to go to court in response to an accusation without reasonable proof. Why were they allowed to arrest him out of the blue? Is my understanding inaccurate? Please help to clarify my understanding about the legal process in the US. I find this unjust, because then anyone can just accuse anyone without solid proof, and they would be arrested and jailed, having to post bond which they may not have, or may not even receive bond.

The article for reference: [https://www.independent.co.uk/news/world/americas/selfie-saves-man-attack-girlfriend-christopher-precopia-texas-trial-williamson-county-a8636971.html](https://www.independent.co.uk/news/world/americas/selfie-saves-man-attack-girlfriend-christopher-precopia-texas-trial-williamson-county-a8636971.html)

Answer:
 Some states restrict warrantless *misdemeanor* arrests to crimes committed in the arresting officer's presence, but as far as I know every state allow a warrantless arrest as long as the officer has probable cause that the person has committed a felony, whether or not the officer observed it. Texas, like many states, also allows warrantless arrests for domestic violence offenses.

When someone *is* arrested without a warrant, they have the right to either have the case presented to a grand jury or to be taken before a judicial officer for an independent review of whether there is probable cause within 48 hours of the arrest. *[County of Riverside v. McLaughlin](https://cdn.loc.gov/service/ll/usrep/usrep500/usrep500044/usrep500044.pdf)*, 500 U.S. 44 (1991).


Title: [California] Moved out, old place did an inspection, killed pets. What now?

Question:
So I recently moved out from an apartment. Move out was on Monday (2/15), the landlords scheduled an inspection of the place for Tuesday (2/16) even though we paid for the whole apartment through the whole month of February.

Move out goes smoothly, we leave a few big pieces at the old place since we don't have to rush. We leave the fish tank there which contained my 4+ year old turtle and fish. Fast forward, we do not go to the old apartment on Tuesday, my wife decides to swing by on Wednesday (10AM) to check mail and feed the turtle & fish. She opens up our door and it is SCORCHING hot. She finds that the heater on our wall is left on full blast AND the oven was left on as well. The wall heater is directly behind our fish tank and is VERY hard to turn on by accident, let alone all the way to it's highest temp.

We know for a fact we did not do this and assume that this was done by the maintenance when they "inspected" the place. My wife lets me know what happened via text/phone call and we are both furious. Wife also contacts my mom who is primary leasee and she emails the landlord about this. We get to go back to the place 3 hours later so I can see it and I can still feel the heat and smell the gas. I cannot bare to look at the fish tank with our dead animals. My wife then goes to see if the landlord is there (which they were not when she had discovered this mess) and she finds the maintenance guy. The man already knows what she is approaching him with and is instantly apologetic, he admitted to his mistake in leaving both heaters and oven on. We are informed that he had inspected the place at 2 PM on Tuesday, thus the heater and oven were left on for 20 HOURS! She then speaks to the landlord, who says she needs to contact "higher up" and see what will be done.

Fastworward to a day later and we get a generic email, apologizing IF the heat was what killed our pets. What can we do about this?

TLDR: Moved out, maintenance left oven and heater on for 20 consecutive hours, killed our 4/5 year old turtle and fish. What can we do?

Answer: Pets are considered property. You can determine the value of the pets and ask your landlord for reimbursement. If they won't pay you can sue for their value if it's worth enough money to. Answer #2: There is also the issue of your gas bill. Your gas bill is going to skyrocket from this. Answer #3: Was this a deliberate preemptive bed bug action?  I have heard that heat is the best way to kill bed bugs.  They may do this to all newly emptied apartments.


Title: If I set up a ponzi scheme, and tell people it's a ponzi scheme and they will lose their money before they invest, is it illegal?

Question:
In California.

Thinking of doing a social experiment.

To be clear, I would tell them not to invest, post banners that this is not a way to make money, etc.  If I do everything to dissuade them from giving my ponzi scheme money including telling them that they will lose their money, but they still invest and lose it, would I get in trouble?

Answer: Calling something illegal a "social experiment" doesn't make it not illegal. In an actual, real, social experiment, you'd give them back their money and fully disclose the nature of the experiment. If that is what you intend on doing, go for it. Otherwise it's not a "social experiment." It's not a "prank, bro." It's a poorly disguised crime.


Title: Is spyware illegal?

Question:
So my 70 something-year-old grandpa has dementia. Recently he got himself into some trouble over money. His girlfriend's daughter convinced him to open a bank account with her name on it and transferred his social security into it. We've got that all handled right now and the account has been closed and its back in his account. The whole situation was honestly a nightmare and we’re still dealing.

To take some preventative measures, my parents and I (my mom has power of attorney and is his legal guardian) want to put spyware on his phone. We were planning on telling him but he'll forget in a week.

So a few questions: since he’ll be made aware is it legal? Does the information obtained have any legal merit if something happens again?

Answer:
 Malicious spyware or something like Parental Control software?

Your mother is his legal guardian, so broadly she's allowed to take measures to protect him.  So long as you're using actual control software and not some random app, you're fine.


Title: Under contract to buy a rural home I currently am renting. We suspect fuel spilled/dumped on property by owner, possibly while under contract but after inspection deadline passed. What can we do? [New York]

Question:
My family is renting a home in rural upstate NY. The owners insisted they had no interest in selling (it was the seller's childhood home) and this was a pretty big factor in us choosing this house as we planned to stay there for 3 years while saving up for a house (we both work remote and so can move anywhere). 3 months into our lease our owners told us they now wanted to sell. My wife and I felt a bit annoyed, but after lots of discussion decided to go for it.

Throughout the process some strange things happened, which we chalked up to an emotional seller dealing with selling his childhood home. I can list all them if someone wants to know, but we're mostly concerned about this possible fuel spill/dump. It's worth noting that since we're tenants we have a unique relationship with the sellers and would text back and forth quite a bit but questions and concerns throughout the sale process.

The seller used to make his own biodiesel. There were lot of blue plastic 50gal drums in the property in what was this sort of storage/junkyard area, which also contained a lot of equipment attachments, scrap metal, pallets, etc. The seller insisted they would clear this out before we even went under contract, and leave us with a 'porch swept' property in the best possible condition.

It took several weeks for the seller to go through the 'junkyard', a few huge dumpsters of trash, and lots of truckloads of scrap/blue drums being removed from the property. Eventually the activity stopped, and from a distance my wife and I saw a large pile of pallets still in the area, but pushed into a back corner. We asked and seller said this was a 'wood compost' and they would be left to deteriorate (we have texts). Annoying but not the end of the world, everything else appeared to be cleaned up well, so we figured we could just have a big bonfire. It's important to note he was still cleaning up past the contracts inspection deadline.

A few weeks later my wife and I decided to walk the entire property as it had been a boring few weeks waiting for the bank to do their thing and. We finally went up to the pile and we noticed underneath/behind were some crushed blue drums, lots of scrap metal, glass, tires, plastic pieces, a sink, even an entire patio set. No way it was just a mistake. I took a lot of pictures and decided I was going to ask the seller to remove all the non-wood stuff from the pile.

On the way back however, we also noticed a 10' wide area of black on the ground around a tree. The ground was almost sludgy, like tar. If you pried up some of the rocks on the ground underneath the sludge was peach/flesh-colored and didn't really smell like anything. I poke around a bit and also took pictures, then noticed  about 5' away an extra black area still in the circle that wasn't sludge, when I overturned rocks there was a distinct petroleum smell - but I am not an expert. It's worth noting this entire area surrounded a tree, which was missing half it's leaves. It was later in the day, so I decided to go do some research about it and ask the seller the next day.

I texted the seller the next morning asking him to please remove the unk from the wood pile and also dig up this black earthy area and remove it from the property. He called me back immediately, and basically said he wasn't doing anything with the 'wood compost' and wasn't interested in letting my wife and I dig through it. As far as the black area he seemed not to know what i was talking about, but then insisted it was all fryer grease and is perfectly legal to dump. I told him I smelled fuel in one spot and he said 'well I don't know what to say, it's all fryer grease.' Either way he wasn't going to do anything, and even said 'there's nothing there that will void this contract.'

I contacted my real estate attorney, who told me to send him the pictures and they would formally ask the sellers for an explanation. It's been 4 days since I sent the pictures and have heard nothing from my attorney (sent several emails, left messages). After our call sellers texted us saying to only communicate through their attorney, so we haven't heard anything from them either. I found a $125 petroleum testing kit on Amazon and plan to test the soil when it arrives today, but I don't know if I will get the results in time.

The final day before our contract expires is a week from today and I am not sure what to do. We're not only $2k in from fees/inspections, but the sellers have our $1k home buying deposit, along with last months rent and our rental deposit. Also according to our lease they are supposed to reimburse us for any oil left in the tank. All in they're holding approximately $7k of ours. Should I be calling the NY DEC? The last thing I want is for them to come by, have it be nothing, and have to pay yet another bill or worse - be sued by the seller/landlord. What if it takes months for the DEC to finish their investigation?

Any advice is appreciated.
Topic:
Real Estate law

Answer:
 You should listen to your lawyer. And particularly so about involving a government agency. Handling circumstances that arise in the contract is why you hired him or her. Answer #2: IANAL, but have experience with environmental due diligence.

When you do get in touch with your lawyer, if they have not already, you may want to include a liability waiver in the contract terms that any environmental liability on the property is the responsibility of the seller.  You do NOT want the environmental liability (e.g., clean up costs) to pass along with the property sale.  These can be tens of thousands of dollars even for a small area because the cost includes soil testing (and maybe groundwater testing depending on size and depth of spill, water table depth, soil characteristics, etc), equipment for cleanup and disposal fees (plus labor costs).Answer #3: NYSDEC Spills hotline 1-800-457-7362

They will be interested.


Title: Can anything be down about a city setting off big fireworks all summer in a residential park that used to be quiet?

Question: In Wisconsin. City took a once quiet park and turned it into a minor league ball park. All summer they have big fireworks late at night. Now they're even having concerts. Used to be a peaceful area and they've ruined it. Aside from being driven from home and having to relocate, can anything be done?

Answer: Nope.  Take the property value increase and move further out.Answer #2: Nope.


Title: Passing thought: What can you do against someone who sneaks up behind you and snips off a long pony tail of hair that took many years to grow?

Question: [deleted]

Answer: If you are Amish, then maybe you could get the DA to take it on as a hate crime.  Seriously, I think that happened a few years ago in PA.  It was an Amish on Amish crime.  It was a "shaming" type thing.Answer #2: In addition to the other excellent points that have been made, if you relied on your long hair for your profession (say you're a hairstylist who needs to maintain a certain image at work, or a model, or an actor - and you lose a job or miss work as a result), you could probably file a civil suit to collect lost wages. You could also claim the cost of having a stylist cut what's left of your hair into a more flattering look, or the cost of extensions or a wig to wear until it grows back out.


Title: [CAN] my friend and I shared nudes of our girlfriends. I’m not being threatened with a charge.

Question:
Location: Alberta, Canada

So awhile ago me and my friend sent each other nudes of our girlfriends. My girlfriend knew about it and didn’t care. His did not. She went through his phone and found our conversation and pictures. She’s now threatening me with taking it to the police.

My girlfriend consented so that’s not what I’m worried about but in our conversation I asked for certain pictures and was definitely somewhat of an instigator. The girls are both of age.  Can I still get in trouble for requesting pictures even though I’m not the one who sent them?

Answer: [This again](https://www.reddit.com/r/legaladvice/comments/9hxpaz/my_friend_sent_me_nudes_of_his_girlfriend_and_i/)?


Title: Is it legal to date and plan to (eventually) marry your adopted first cousin?

Question:
Throwaway just in case, and on mobile, so sorry.

So this is something I’ve been worried about for a while now.

Basically my older “cousin” and I both confessed that we have feelings for each other.

The reason I say “cousin” is because technically we aren’t blood related at all. Him and my other two cousins are my uncle’s ex-wife’s sister’s children, that my uncle and his now-ex wife adopted when I was really young.

As we’ve both grown up together, we both have known that we weren’t blood related in any way, and eventually just developed feelings for each other.

I just need help because I really do love him, but I don’t want him to go to jail or anything like that...

I understand family would probably disown us, but I’m willing to accept that because we both feel like we don’t fit in at all.

Answer: Your location does matter for this.


Title: Sex Offender Advice - Omaha, Nebraska

Question:
My brother in law had a registered sex offender move in next door to him recently, and he has two young daughters. We have seen the man's entry on the sex offender registry and only know that the crime was something vague involving a minor in Iowa.

I'm wondering what I can do to find more specific information about the case that might be useful in protecting my nieces. I don't know what I am legally allowed to access, or how to get it. How much information am I legally entitled to and how do I proceed in getting it?

Answer:
 Contact the court where he was sentenced. It is likely a public record, but each court may have different rules on how much they put in there. If it involved a minor it is usually scrubbed quite intensely to keep the minor anonymous.

For example it may have details, it may not. And it will likely cost you money to do it (copy fees). Depends on how much you want to know, but be careful, you can't unread things.


Title: Los Angeles, CA - theft occurred over multiple days, insurance company are being a-holes and wont cover. SOMEONE PLEASE HELP!!

Question:
i own a clothing manufacturing business in los angeles. over a period of 2 weeks, during the lunch break, 3 thieves somehow entered my warehouse and took rolls of fabric. This happened over an 8 day period and since they only took little bits at a time, and i was in the process of reorganizing my warehouse, i didnt notice the missing inventory until after those 2 weeks.
of course i have business property insurance, so i set up a claim, and i sent the insurance adjuster the CCTV recordings and the police report i filed. however, upon review, they are saying each day is a separate occurrence, and i will be charged a deductible of $2500 for each day the theft occurred. (basically they are saying each day is a new claim) when the police came and reviewed my cctv recordings, they only wrote ONE police report for all the days. it was pretty clear from the CCTV that it was the 3 same people and they used the same technique in stealing the rolls of fabric.
the amount of loss was valued at around $15,000, and obviously I can't make claims on each day because just paying those deductibles will make me pay out more in deductible than i lost in property. i asked the adjuster if the policy of splitting each one into separate occurrences is a standard for his company or for the insurance industry in general. he said its the standard for the industry in general.
is there anything i can do? this loss is going to seriously ruin my business. PLEASE HELP!!

Answer:
 >during the lunch break, 3 thieves somehow entered my warehouse and took rolls of fabric. This happened over an 8 day period...they are saying each day is a separate occurrence,

Logically, each of the 8 thefts does seem to be a separate theft. If you had stopped them on day 7, there would have been 7 thefts instead of 8 thefts. It wasn't one continuous occurrence.

Your insurance binder is going to control here. Read it to see how it defines events/occurrences, and then post that section in /r/insurance for advice. Good luck! Answer #2: This may fit /r/insurance better, but leave it here, too. Good luck. Answer #3: Former personal lines (not commercial) casualty insurance adjuster here (but still licensed) - the only advice I can give is to read your contract/binder/endorsements to see how its worded. Each coverage should have its own definitions section that defines specific words in context. If it's worded in a way that allows them to be counted as separate instances, you may be SOL.

But if there is one thing I've learned working claims is that if you go up the chain of command to find their boss' boss' boss' boss' boss or something, you'll eventually get to someone who'll give into you just so they don't have to deal with the issue regardless of what your contract says. Won't be easy though. I've had someone *somehow* (he wasn't referred to by our office and they didn't know him personally) get to the head of all claims in the company (2 levels below the CEO) who once told me to just pay for shit we contractually didn't have to pay for because they were bothering him.


Title: Put a deposit on a horse, discovered horse has genetic disease.

Question:
Looking for advice for a friend. She put a $500 "nonrefundable" deposit on a horse foal (no contract, verbal). Over the next month, the sire of this foal tested positive for a genetic disease. Once my friend found out, she requested that the foal be tested. The foal came back positive for the genetic disease and the breeder won't return the deposit. Does she have any options? Advice?

Location: Washington

Answer:
 > Looking for advice for a friend. She put a $500 "nonrefundable" deposit on a horse foal (no contract, verbal).

There certainly is a contract. It's just not written.

1. Was the contract made before or after the foal was born?

1. Did your friend have the opportunity to have the foal tested before contracting?

1. How rare is the genetic disease?

1. How bad is the genetic disease, i.e., has it manifested in symptoms, and if not, how likely is it to result in symptoms; does it devalue the foal, and if so, how, etc.?


Title: Can I get attested for pretending to be in a gang?

Question: [removed]

Answer: Jesus dude, are you trying to get yourself killed? Do you have any idea what's going to happen to you if you fake the funk and end up in prison somehow? RIP you.


Title: Need help for college: Legal Guardian died when I was 14

Question:
Hi,

I was born and raised in Cleveland, Ohio. Moved to Littleton, Colorado in September 2017. Currently 21 years old.

I'm applying for colleges and I'm not sure exactly WHAT I legally qualify as when it comes to being emancipated/homeless and so on.

When I was little my mother lost custody of me, and my Grandfather gained custody of me through social services. I don't know my father or anything on that side of my family.

My grandpa died when I was 14. He had no will, and nobody ever gained custody of me after that. I lived with my mother for about two years and then moved in with a friend because my mother couldn't support the both of us, and she was also emotionally draining.

What I'm confused about is what my status is when it comes to college. Am I an unaccompanied youth/Ward of the Court? Emancipated minor? Nobody has had legal custody of me since I was 14. Not sure exactly how to fill this stuff out when  don't have a legal guardian.

Answer:
 If your legal guardian died then it likely reverted back to your parents. And since that is who cared for you (somewhat) after he passed, then that is who your legal parent/guardian is/was

Unless the state took custody of you, which you would know. You would have a social worker


Title: I have been an employee for the same company for 18 years. The past 5 years I have been in the salary ranks and very much enjoy what I do. I put in for FMLA to have surgery and will be off for 2 weeks and my boss on 3 different occasions has made reference to “performance evaluations” or my

Question:
Inability to be moved to day shift in regards to my taking time off. I know there is laws protecting FMLA and I know that what he’s saying is highly illegal and unethical, but the issue is that there is a very profound buddy system above me where they all protect each other’s well being. I hesitate to speak up in fear of them finding other things to suddenly bring to my attention and get rid of me. I’ve yet to say anything to him when he has made his comments and just kept my cool about the entire situation.

Any advise for me as to what steps I should take?

Answer: Have you ever had performance evaluations in the past?


Title: [GA] Felony charge and DUI. Advice needed please

Question:
I am 24 years old and a recent college graduate. I made a terrible mistake and was arrested over the past weekend in Georgia. I was charged with DUI Alcohol, possession of methamphetamine, and possession of marijuana less than 1oz. I realize how severe these allegations are and the negative impact on my future.

I was arrested for a DUI back in 2013, but after a plea deal I was only convicted of reckless driving. I dont have any previous drug convictions or any other criminal history. I am really freaking out and could really use any advice or help I can get.

Answer:
 For the possession of marijuana: Misdemeanor with up to $1,000 fine and up to 1 year in jail

For the possession of meth: Felony with 2-15 years in prison and fines

For the DUI: Misdemeanor with 3 days to 1 year in jail, up to $1,000 in fines/penalties,  license suspension and ignition interlock

You're going to be most concerned about the meth possession, you obviously need to get an attorney.Answer #2: Was your first offense in another state? I was under the impression that Georgia had a statute that prevented DUIs from being plead down to a "wet reckless".

You really need a good criminal defense lawyer. Be warned though, even though you plead down the first offense, it likely can still be used for sentence aggravation purposes, and this will still count as your 2nd DUI, which will probably require an interlock and minimum 3 days in jail, even ignoring the drug charges.


Title: {Dekalb County, GA}My phone went off in class and a administrator is now searching it.

Question: Does a administrator have the ability to search my phone without a suspicion that i'm A. Violating a county rule or B. Using it? I live in Georgia. [Update] They have every right to go through my phone because I entered the password. Sucks man.

Answer:
 You can always say no and not give them the password.  Are they already searching it?  Was there a password?  It's very possible that if you gave them the password it could be taken as consent.Answer #2: >It has a password, They told me to enter it in and I entered it.

Thats the end of it.

They asked to view it, you said by entering the password. The best you could hope for is to somehow argue you were coerced, but that sounds like it didn't happen.Answer #3: How old are you?  Is it a public school or private?


Title: Got a friend who wants to borrow lump sum, advice please.

Question:
First off I’m in Ontario, Canada.

Got a friend who got herself into financial trouble basically being an idiot. Anyway she ended up taking a loan for $10,000 that she’s supposed to pay off over 5 years and would end up paying $20,000 in interest, $30,000 total.

She reluctantly asked me for help after after checking how she was doing in current situation. She can’t work as her work is closed and even then her main source of income is tips working at a bingo hall.

I wouldn’t be putting myself in debt, would be from savings and she’d pay back $500 a month with interest $15,000 total.

She talked about how we could put in writing, but honestly never been in this type of situation. Not sure how concrete it’d be or what I’d need to do to cover my ass.

Answer:
 So... if she lost her job, how do you believe that she will have the means to pay you back?

You can make the loan, but you're going to have to make a decision.  If it comes down to it (and it likely will), are you going to choose the friendship and let the money go?  Or are you going to choose the money and lose the friendship?

Because, to be blunt, your friend is a terrible, terrible lending risk.


Title: My lessor opened the door to my [21F] room without knocking.

Question:
I'm renting a room in the lessor's house in California along with another college student who lives in another room across from me. The lessor also lives here with us. We all have locks on our door, although it does state on my lease that the lessor is allowed to enter my room in case of an emergency or abandonment.

I've lived here for about a month already, and it's my first time ever renting a room to occupy by myself. I like having the option not to wear clothes when I'm in my own room, and because the door has a lock, I do it often, assuming that no one is going to enter without my permission first. This morning, however, I had just left the bathroom that's also in my room and noticed that the door was slightly ajar. I don't know how long it had been open, but I had not left the room since last night and am positive that it was locked when I went to sleep. I went closer to the door to make sure my eyes weren't playing tricks on me, and sure enough the door was opened but it was still locked! I freaked out a little and shut it immediately. I then pulled on the door to make sure it wasn't loose or anything to make it open by itself, but it held firmed and stayed closed. The only other person in this house with the key to my room is the lessor, and I've never had an issue with him before. I was wondering if he has the right to enter the room without knocking or my prior consent, while I'm still occupied in the room. I'm pretty sure it was obvious that I was in the room since I had music playing.

I'm sorry if this is all over the place, but I'm still a bit shaken up over this. Please let me know if I can provide any more information, and thank you in advance!

Answer:
 Is it possible that the door strike is not completely aligned and the door popped open?  I would talk to your landlord and ask them if they had opened your door because the door was ajar.  Also, maybe get a dropcam or other webcam and point it at the door to see if your landlord is coming into your room without your permission.  You should be able to find a place where you can put the camera so that it will see the door but not you.Answer #2: The legal answer is no, he cannot enter your room without permission except in an emergency.

From what you have said, my guess is that you didn't close it all the way.Answer #3: Assuming the worst, keep your eye out for any hidden cameras in your room.  Maybe set your own inexpensive webcam or wifi cam with a motion sensor for extra peace of mind.


Title: I got two tickets within an hour for the same thing. How to omit one?

Question:
I got a ticket for no registration by LAPD in Hollywood late Sunday night. After, I ended up going to a record store before they closed. I was parked in the same line of cars are at least 10 others on the street with the meters turned off. (I admit i didn't check the street signs, and I will go see what they say for myself tomorrow, but I am almost certain I was allowed to park there). I ended up getting a parking ticket on my dash with the comment: "no proof of registration visible."

I've already paid for my renewed registration at this point. I am now wondering how to pay one ticket and omit the other.

Thank you in advanced.

edit: Guess I set off the bot.. This is in Southern California. Hollywood to be more specific..

Answer: You are guilty of this offense until you are no longer guilty of it.  You should have gone home after your first ticket.  You need to take care of both tickets.


Title: Toronto, ON. Landlord pressuring us to declutter apartment for photos.

Question:
Hi /r/legaladvice !

I'm currently on a month-to-month lease and gave my two months notice to leave my apartment. My landlord waited a solid month then gave us a 24 hour notice of inspection. Our place is super clean but honestly it's kinda small so we have some bins about with our moving stuff, and then we still live here so we have art on the walls and cute nerdy tchotchkes on the shelves.

So, they came by for the inspection and complained that nobody would be able to picture themselves living here. They sent us numerous emails saying they'd come again this week (tomorrow actually) and that we would need to declutter for photos. There's nowhere to put anything and whenever we mention this they don't acknowledge it. On top of this, we don't feel much incentive to pay any money for storage as they've been pretty shitty landlords who refuse to fix things (amongst other complaints I could list off).

There were no photos of the apartment when I came to see it, and it turns out they've never bothered to take photos but now they want to. But SEVERAL tenants have lived here without photos of the place. What I'm wondering is - can they actually force us to make our apartment photo ready? We're of course worried about not getting deposits back and that kind of thing.

Thanks!

EDIT: My added question is - how many inspections are allowed? Our initial inspection was supposed to be the one where they took photos but they decided it wasn't good enough. We sure as fuck aren't staging our place for him so we'll probably fail this inspection too. What do? He keeps calling his notice of entry emails an inspection.

Topic:
Landlord Tenant Housing

Answer:
 If he doesn't like the way your apartment looks with your décor on the walls, he can wait until you've moved out to take photos. That's his problem, not yours. Answer #2: [This site explains your rights and what the landlord can legally do](http://www.ontariotenants.ca/law/act03.phtml)

Look at section 26.3 specifically.
He can show it to perspective renters, but the clutter situation is a fishy thing. I don't think he can do that.

Edit: I added words


Title: I got my first and hopefully last speeding ticket, should I fight it?

Question:
So, to start off I live in Ontario Canada and I'm 17 with a G2 license. Last night around 1am I was on the highway doing 134kmh (yes I know very stupid). I rarely speed that fast but I was tired and like 2 mins from home. I got pulled over and it turns out he caught me as I was about to slow down when it turned to a 90km from a 100 so I was way over and now I'm stuck with a $329 ticket. I have a couple questions.

A) what should I do? Fight it, or pay it, or other?

B) is this going to raise my insurance a lot? And how much do you think?

Answer:
 What would be your defense if you contested it?

As for your insurance -- well, you're 17, have had a license for a short time, and now you've had a ticket for 40+ kph over.  So yeah, I think you can expect an increase.  How much I don't think any of us can say.


Title: I am running for mayor and the Statement of Economic Interest with the Mississippi Ethics Commission is confusing me

Question: [deleted]

Answer: There are professionals who specialize in this sort of work.  I'd strongly recommend you consult some.


Title: Pulled over and cited for flipping off an officer

Question:
Driving down a two-lane highway in Carteret County, NC. Having a bad day, so i take my frustration out on the local law enforcement by flipping the bird as I drive past a stationary cruiser.

He pulls me over immediately and cites me for [sic] "intentionally make a gesture which is intended and is plainly likely to provoke violent reaction or retaliation and there by cause a breach of peace.
G.S. 14.288.4(a)(2)"

I told him I never intended a violent reaction, and didn't expect a violent reaction given he is a police officer and it tasked with protecting me not engaging in unwarranted violence, hence it was an expression of anger and frustration.

Have I done anything illegal? Is this constitutional?

Answer:
 Oh hey, that's where I'm from. I grew up in Broad Creek. Was this on the island?

Edit because I didn't actually answer:

I think that ultimately, if you were willing to spend the money to take it that far, yes, there's a good chance that being given a ticket for flipping off a police officer is unconstitutional, and there is a good amount of case law from as recently as last year, and even in NC, to back that up.

From the NC Court of Appeals in 2013 about this statute: "While merely stating an obscenity to another individual, whether
that person is a policeman or a civilian, may be protected
speech, we believe an officer is not precluded from approaching
any individual who is standing in public and yelling
obscenities, as such actions might lead to a breach of the
peace."

Full ruling: http://www.aoc.state.nc.us/www/public/html/AR/CourtAppeals/2013/7_May_2013/12-1127.pdf

There's another ruling out of the 2nd Circuit in NY that says similar.

But that's if you're willing to fight it all the way. You can certainly hire an attorney (Matt Godwin at Roger Crowe's office is great, and Crowe himself is probably the best and most well connected attorney in that part of the state.) and they'd be happy to research the case law for you and represent you in court. You can contact the ACLU here: http://www.acluofnorthcarolina.org/index.php/Ask-for-Help/get-legal-help.html.

In short, yes, there are legitimate constitutional questions here, but you have to actually fight if you want to prove it, and that's not inexpensive.


Title: Ex wife violated access court order - want to take her to court myself - need advice [Canada, Saskatchewan]

Question:
Hello,

My ex wife recently willfully denied me access to my child. She violated a court order by doing so. I have recorded the phone conversations, that show that she is doing it with intend. My ex is aware that I am recording our phone conversations.

Unfortunately, I cannot afford to pay $4000+ to a lawyer to file an application, but I don't want her to get away with this either. So I am considering filing an application myself.

What are the necessary steps that I have to undertake?

Thank you for your advice.

Topic:
Custody Divorce and Family

Answer: In Sask you do not need a lawyer to deal with most family issues. You can contact the court and ask them what to do, they will likely give you a form number that you need to fill out. You can also contact "Family Matters" or if you are in Saskatoon CLASSIC law. Both are somewhat income based services so depending on income you may not qualify for them but they may be able to help you out.


Title: SO Trapped in Fraudulent Consulting [NJ]

Question:
My SO is a foreigner that recently graduated college here in the US. She was approached by a contracting firm based in New Jersey and was promised work and a visa if she joined them, which she did (due to lack of other offers and no more OPT time). Upon arriving she was put in company housing for several weeks while she worked a 40 hour week doing bootcamps and practicing marketing herself to firms. She was not paid during this time. The company created a portfolio containing numerous falsified projects and past employments with a resume to match. In addition to this, she was required to delete her existing LinkedIn account and other social media elements that would link her to any real work she had done. The documents she was required to sign state that if she leaves or takes employment via any means that isn't the contractor she will face her visa getting revoked, 30% of her promised annual take-home in fees, and the company will sue her, the company she left for, and anyone that helped her leave. The firm also has a close relationship with a shady local school that is sponsoring her CPT so she can work a full time job. This school doesn't follow normal policy for assigning CPTs as best I can tell (she never attended prior to joining the contractor, most institutions require you to do post grad work there), and requires students to live and work within a certain radius of the school (the neither the school or the firm had a problem shipping her off to Atlanta though). Her existing contract will expire in the coming weeks and the firm is pushing her to re-up.

I have copies of these documents, but they don't appear to be proper contracts due to several amaturish qualties and are to my best guess scare tactics for anyone trying to do anything.

This seems like it would be [consulting fraud](http://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes/victims-criminal-activity-u-nonimmigrant-status/victims-criminal-activity-u-nonimmigrant-status). How should we proceed? We don't want to sue, we just want her to get out and get a fair shot at a real job. I've tried to get her to speak with ICE, but she fears for both her livelihood as well as the dozens of others in her situation if she talks. Can anyone advise? I don't even know who to go talk to and I can't afford to marry her, much less go get the time of day from a lawyer. Where do I even to begin to get counsel? Should I get seek counsel? How the hell do we afford it?

EDIT: I have a copy of the agreement she is required to sign with a middleman company that is tasked with marketing her and her peers to the end users. It wouldn't be much trouble to move it to a pastebin for sharing here. Would that be of any help/violate the rules?
Topic:
Labor Law

Answer: Hire an immigration attorney immediately. If they are this dishonest, it is in your SO's best interest to get as far away as fast as possible.


Title: My boss has ignored my past complaints of elder abuse from a coworker. Am I overreacting?

Question: (Texas) I work in an assisted living facility that specializes in the care of elders with Alzheimer's and dementia. I love my job and all of the residents I care for. I try my hardest every day I work to provide the best care I can for them in a loving and compassionate way. I feel like my coworker does not do the same. From the beginning since I have worked with her, she has always rubbed me the wrong way in the manner she treats our residents. It started out with me noticing the way she would snap or talk rudely to them. Mostly yelling or scolding them when they did something to annoy her. For example, we had a resident who asked a lot of the same questions over and over again. She would ignore them or tell them to go sit down in a demeaning way. This is barely anything to what else I have witnessed. I've seen her forcibly pull residents up from their chairs and yank blankets from their clenched hands to make them go change in the bathroom with her even though a resident has the right to refuse. (In this situation she should have tried again 15 minutes later in a calmer tone.) She went on to tell me afterwards that the resident became physical with her in the bathroom while forcing her to change. A point it should have never escalated to. I told my managers about these incidents and they talked to her. She did not get a write up, barely a slap on the wrist. I witnessed another form of her abusing a resident with me in the room while trying to change a combative resident. This resident needs LOTS of patience to change safely which I do not mind taking the time to do. My coworker, however, began ripping the clothes off her forcefully and some points shaking her. She continued to talk to her in a derogatory manner as well. I did not know how to react and tried to prevent the resident from hitting my coworker. Once we laid the resident down, I had a bad feeling in my stomach. I told my manager the next day she was in about this situation. She basically said since it didn't sound like my coworker hit the resident, she wasn't going to do anything about it. This is twice now I've gone to complain and management has dismissed the claims. The coworker is known for picking up extra shifts which is necessary in my job where we have a high turnover rate. I feel like they are willing to keep her because she does do things like that. Am I overreacting or does this seem like elder abuse? I'm so torn on if I should report it to state but I do not want to get in trouble for not reporting right away. Sorry for the length, I just wanted to give you a good amount of background info. Any and all advice would be very appreciated.

Answer:
 People with alziehmers should never be treated in this manner.

If your boss is ignoring your complaints I suggest you start documenting them properly and make a report to texas adult protective service.

Texas is a mandatory state for reporting elder abuse.Answer #2: So Texas requires you to report elder abuse within 48 hours; I don't know whether or not you would get in trouble, since you DID report it to your boss, even though you didn't report it to the state.  You can make an anonymous report if you wish, though I'm sure it will be much easier for them to investigate if you allow them to contact you for further info.

Here are some links:

https://www.txabusehotline.org/Login/Default.aspx

http://www.dfps.state.tx.us/Contact_Us/report_abuse_faqs.asp#CA2

http://www.dfps.state.tx.us/Contact_Us/report_abuse_faqs.asp#CA1


Title: (CA) Wife submitted light duty notice, is now out of a job.

Question: [deleted]

Answer:
 > but didn't tell anyone because it was still too early to announce at the time it was submitted

This is information that might've saved her job, this was necessary, important information to convey. If she wanted an accommodation, she needed to give the reason as to *why* she needs it. This was badly mishandled.

Edit: I don't mean to sound so harsh, but work with the union rep and the school, and best bet is to try to do damage control at this point.


Title: My gf's ex doesn't follow the parenting agreement and probably wont bring the kids home to her for xmas.

Question: He did this on Easter and Thanksgiving too.  He's supposed to bring them home, but doesn't.   I think it's specifically to hurt her.  What should we do?

Answer: Contact a family court lawyer or the lawyer she used originally.


Title: Leaving for a better job and company is trying to hold me back? Help pls!

Question:
Not sure if this belong here

Hey guys this is my friend time doing this, for context I’m working at UPS as a package handler part time and i recently had an opportunity to move to a different UPS for a full time position, i already gave my 2 week notice on the 31st but my full time supervisor was on vacation all the way till the 10th, but when i left his office i ran into the HR of the building and told him about it.
Now my last day is on a friday and they’re trying to keep me here longer because they can’t find a replacement and i cannot pay rent alone with just 15Hours a week 13 an hour.
What should i do next??
The job was offered to me already and I’ve accepted, start date is suppose to be on 17th

Answer: They cannot force you to stay.


Title: (Florida)Would I(non-citizen) be allowed to use my husbands gun in self defense?

Question:
He's an American citizen and the gun is 100% legal.I'm not a citizen yet. We're on the final paper work due to delays.

His ex-wife has threatened me and she hangs out with criminals/felons. We went to the police but they said that she isn't a serious threat. I think a crazy woman that hangs around with rapists is a threat!

So if she and her friends tried to break into the house while my husbands at work would it be legal for me to use his gun?

Answer: non-citizens can use firearms.  I don't know enough about FL specific self defense laws to give a definite answer, but my guess is you can shoot an intruder in your home.


Title: My Roommate has the flu and had to call out of work for 3 days. He now fears he may be fired. Can he be fired? (Florida)

Question: He went to the Doctor and got a note clearing him for a week- but his supervisor reacted strangely to it all. Can he justifiably be fired?

Answer:
 Who knows?  We don't know what his employer's sick policy is, what your friend's attendance record was, how he was performing, or how exactly his supervisor reacted.

If he is fired, he should file for unemployment.Answer #2: Yes. Florida is an at will state, so he can be fired for any reason as long as it isn't protected


Title: Neighbor just made 2nd false DCF call in 4 months

Question:
I live in Florida- 3 kids single mom. I just got a visit from DCF this morning after they went to my 14 year old son's school and found out that my neighbor- I don't know which one btw and I have never said more than 3 words to any of them since April made a report to DCF anonymous line that said I leave my kids alone while I work and that my 14 year old walks alone. The reporter said that my daughter is 5 ( she is 8) and my sons are 8 and 10 ( they are 12 and 14) and they walk home alone while I am at work.

First of all this is the 2nd anonymous report on me since July- the first alleged that I yank my daughter by the arms in and out of the car and she may have bruises. They came out I explained that my daughter is non verbal and autistic and that I have to put her in a car seat so she stays seated in the car and that I have to guide her so she won't try to run.

Allegations unfounded letter comes and the thing is over. Today the worker stayed for 10 minutes left and asked if I knew the neighbor's names because she wants to get legal to advise the reporter that one more call and DCF will take legal action. I told her that I don't know them and I am not sure why this person is making these reports. Until 3 weeks ago I was an aide at a school and I am looking for another job at a different school because the hours and I didn't like the people. The weird thing is that I don't work as of now so what the heck does this person think they are doing? The anonymous reporter told the hotline that I leave ALL 3 kids alone while I work on the weekends. Which is weird because when I was working my daughter was dropped off on the bus ramp at the school I worked at. I do not work as of now so just to emphasize how insane and false this person's allegations are I am emphasizing this again- I don't work right now and when I do I work school hours and no weekends. I will probably start subbing again and I will work during school hours not on the weekends or at night. Shit I don't even drive at night.

TL/DR

I have a neighbor who has made 2 bad faith reports and I think this will damage my reputation as well as show up on Level 2 background screens which I receive to work in my field.

Can I pursue legal action or should I advise the landlord that this is making me feel VERY stressed. I am getting my educator certificate and it makes me look bad to have a freaking open DCF investigation on me every 3 months.
I don't know what this person is even thinking to be honest.

Addition:
I know it is the same person because the 1st call happened 2 weeks after she moved in. We had lived here for 2 months and then 2 weeks after she moves in a hotline call comes to DCF about my daughter. Today the DCF worker told me flat out that it was the same neighbor and seemed surprised that I didn't know them because this is probably what happens when neighbors hate you not when they don't even know you. It is crazy and I am pissed because the 1st time I can attribute to honest good intentions but this time it is vindictive. I obviously pissed this lady off and I don't know what the hell I did. From what I know she is a shut in ( no car, never leaves) and maybe she is crazy because no sane person does this to someone they have never spoken to. DCF told me that they are going to talk to her and advise her that this is illegal as heck.

Answer: I don't know what your damages are, but he/she is abusing services that could be allocated elsewhere.  IF they find her/him, they will fine her/him and then hopefully it will stop.Answer #2: Are kids not able to walk home by themselves these days? I began walking home alone in 5th grade, albeit only a few blocks, and I was home alone a few hours. I assume if a kid is crossing freeway traffic it's one thing, but don't a lot of kids walk home without gaurdians?


Title: (CA) waitress fed me soap and I'm not sure if i can do anything about it

Question: [deleted]

Answer:
 I'm confused. Eating soap is immediately noticeable, and wouldn't cause "soapy stool" and a few days of illness unless you ate a lot of it.

Why do you think a waitress did this? Did the food taste like soap? Did it contain cilantro?

There are lots of things that can cause "soapy stool" that don't include eating dishwasher soap. Go get your gallbladder and pancreas function checked, as gallstones/pancreatitis can cause your symptoms.


Title: My sister (17) is sleeping with/dating a guy(23) for the last year. Is this statutory rape? Also, I am a mandated reporter for my job.

Question:
WA state
Topic:
Juvenile and Youth Law

Answer: Since the AoC question has been answered, I'll just point out that going forward as a mandated reporter, waiting an entire year to ask about potentially reportable activity opens *you* to potential liability.  Included in the meaning of "mandated" is reporting as soon as you know or should have reason to know.  Burying your head in the sand is an excellent way to violate that.


Title: [Texas] Racism and sexual harassment by upper management at sisters job.

Question:
I am seeking this advice for me sister who is being affected by this situation at work in Texas.
She is a receptionist at a major massage chain. She has told me of several account in which her managers have been blatantly racist in front of her and other employees. For example, criticizing her for smoking Newports and saying why do you smoke those "n*****" cigarettes. There are many subsequent incidents such as this one where the use hate speech against black people.
She has a coworker who has a mixed race child and they discriminate against her as well. My sister is a junior manager so the girl called in to tell her she was sicks and her DM said "well if she didn't have sex with black men she wouldn't be sick all the time".
The most serious incident is when the aforementioned co worker was sexually harassed by a client who exposed his penis during a massage session. The coworker reported the incident and when upper management was told about the situation they believe that because the girl was not attractive a man would not have shown her his penis.However, this was stated to another employee who later told my sister about it. They called the client who said the towel "just fell off" so they did not charge him for the session and even gave him a free massage. Other therapist have reported feeling uncomfortable with said client but have never reported any sexual harassment of this nature.
I am wondering if there is anything she can do in this situation because she feels uneasy and disgusted at the behavior of the upper management in this establishment.

Answer: It's not Massage Envy, is it? There's a massive sexual assault/harassment lawsuit being levied by clients right now; I'm surprised that the manager would be casual about any hint of that sort of thing at the moment.


Title: I was living in the US as a teenager under my dad's investor visas, and while he renewed his I94, he did not renew mine, and I unknowningly overstayed for 5 months. I left the US. How likely am I to be accepted for a tourist visa?

Question:
As the title says. Backstory:

* Dad gets an investor visa to the US. Is (mistakenly) told he has to return every 5 years to renew it. Isn't the best with paperwork and did not realize the I94 meant he'd have to return every 2 1/2 years.

* dad coincidentally goes home for a few days about 2 years in, renews his I94 unknowingly through this.

* I never leave the US and end up staying a bit less than three years, and through an attempt to get a driver's license find out my I94 is expired.

* called an immigration lawyer who told us to go ask at the homeland security/customs office in Chicago, which happened to be not too far from where we lived.

* Guy there told us I had to leave immediately.

* We called same immigration lawyer, who recommended us we go to canada as we might have an easier time coming back in.

* we stay in canada for a month just in case

* we come back, attempt re entry. This is what the officer tells us:

> I can come back in, but my visa will be revoked meaning I can either stay until I am 21, or leave but will not be able to return until I get a new visa. I will no longer be eligible for ESTA, but she doesn't know if they will accept me back in or not.

* decide to stay until I have to leave for university (outside of the US)

* am now at uni and trying to get a tourist visa to see my dad who is still living in the us.

-How likely am I to get accepted?

-what can I do to help my case?

-is a tourist B2 visa the one I should be applying for?

thank you

Answer:
 USCIS does not take violation of immigration policy lightly. Yes you overstayed, but you also came clean and admitted your mistake before you were deported. You have no immigrant intent, you are studying Uni abroad. Bring evidence with you of enrollment and explain everything and that it was a mistake. Overstays can sometimes earn you a ban, and grevious overstays or fraud can land you a lifetime ban. They would have told you this at port of entry.

B2 would be the visa you would need.

Is your dad planning on getting a green card?


Title: Statutes of Limitations

Question:
The statute of limitations for a wrongful death in my state is 2 years, so here’s my issue

8 years ago I lost my child to a neglectful doctor. I was 8 months pregnant and had a placental abruption due to preeclampsia. My doctor completely ignored the warning signs and 4 days later I was getting 2 pints of blood transfused into my body and having my dead son cut out of me. If he would have induced labor when I saw him my son would be here but he chose not to bc the timing interfered with his vacation. I tried to take him to court after it happened for two years and no one would even touch him.

Fast forward to now and I’m on a FB thread and women I’ve known for a while are talking about what they have suffered at this mans hands. I don’t want his money. I just don’t want anyone to be hurt or suffer because of him anymore.

What can I do?

Answer: You could file a complaint with the state's medical licensing board.


Title: Can I be sued for exposing whats wrong at my job(restaurant)? (CA)

Question:
(Im going to be very vague to protect myself)

I've been working at a restaurant since it opened for quite some time ago. I know every little detail about the place and have done every position from bottom to assistant top.

I have seen so many wrong things and too many coworkers get screwed over by the GM. I foolishly thought I would never end up also being screwed as well. But here I am

It's like being in an episode of kitchen nightmare/bar rescue and you just can't believe its gotten that bad. Except there are no producers telling us to make it look worse than it is and it really just is that insanely awful.

I'm now in a position to move on and get out of here. I have a lot of pictures and stories to match with what is wrong with the place. I plan to post everything on social media. Nothing I post will be a lie and the photos will prove that even more.

When I first got hired I did sign an NDA that says I can't post anything on social media that could hurt the place. I have acquired that original NDA contract and there are no other copies of it. It no longer exist.

My photos will cause a lot of damage and will leave people disgusted and more than likely a couple visits from the health department.

I doubt the owner would come after me and will most likely be swamped with the aftermath and finding out the GM hasn't been honest this whole time.

There are no bridges that will be burned. My current coworkers that are still there are in full support of what I would be doing. They would back me up if the owner was to get in contact with any of them. We all share the same frustrations with what has happened under the GM's control.

Can I be sued for doing this?

Answer:
 >Can I be sued for doing this?

It is dangerous to rely on the idea that you destroyed the only copy of the NDA.  Nor does your having done so change the fact of the NDA's existence.  Only the ability of the restaurant to prove the existence.

Wouldn't contacting the health department directly eliminate any risk and accomplish the same goals?Answer #2: There are whistleblower protection laws for this very reason. I'd contact the health department and provide them with these photos, & get that place shut down. Answer #3: >I have acquired that original NDA contract and there are no other copies of it. It no longer exist.

Until your employer brings it up, you have to admit "Yeah there was an NDA but I destroyed it" and then the court takes your employer's word for what the terms of that contract are.


Title: legal consequences of writing hateful note?

Question: [deleted]

Answer:
 Depending on the content of the note and how it could be perceived by a reasonable person, maybe.

However, the bottom line is that you are opening yourself up to legal risk JUST for the sake of being petty and vindictive.  And you open yourself up to greater social risk that, one way or another, this will be publicized and you will advertise to the world at large that you are a petty and vindictive person.  This could, down the line, come back to hurt you.

There are better, healthier ways to cope with this situation.  If you need to, get help to find a constructive outlet that will BETTER your life, let it go, and move on.


Title: (NC) Friend has 8 year old daughter around drug dealing/using boyfriend who was just released from prison.

Question:
Hi everyone. Before I begin, I just want to go ahead and thank you for taking the time to read my post. My friend, who we'll call Katie, has an eight year old daughter (we'll call her Maddy) who is constantly around Katie's loser boyfriend. Katie has been dating her boyfriend (we'll call him Mark) on and off for three years. Mark only uses Katie for money and her car and constantly cheats on her because he knows she will forgive him. In the middle of November, Mark was released from an almost two year prison sentence. Keep in mind, this is not his first visit to jail or prison. While he is serving time, he uses Katie because she stupidly sends him money every week and takes care of him while he is locked up. I'm going to go ahead and be completely honest in this post- she was also sending suboxone strips into the prison by "melting" them to envelopes with random cards inside. Maddy, her daughter, can't stand Mark because she hears the way that Mark talks to Katie. Constantly calling her names, belittling her, and overall treating her terribly. Katie has serious self confidence issues and "buys her boyfriends" for lack of a better term.

Mark doesn't care about Katie at all and is only "dating" her because she is constantly handing him money and letting him drive her car (without a license) to go around and do who knows what. Now, I know that Katie is dumb for staying with Mark but that's not the point of this post. I, along with many other people, have tried telling her that he doesn't care about her one bit but she refuses to listen because she always says that he has "changed." Katie is so blind to the fact that Mark is a complete loser and couldn't possibly care less about her.

Now that I've given some background, this is where I have a problem. I love Katie's daughter like she's my own. Maddy is a very smart and sweet little girl but she knows way too much for her age. Katie takes pain pills regularly but she still functions just fine- you'd never be able to tell. Not saying that makes it okay, because it absolutely doesn't. Now that Mark is out of prison, he has gone back to his old ways of buying, using, and selling pills, marijuana, etc. Katie does whatever Mark tells her to do. I've never considered Katie a bad mother until now and I really hate to say that. A few weeks ago, Maddy and I were talking and she casually mentioned something about xanax. An eight year old should NOT under any circumstances know what xanax is. Katie has convinced herself that her daughter loves Mark and wants him to be her dad- which she doesn't at all. Maddy doesn't like Mark in the slightest, as I said above.

Mark doesn't like me because he knows that I tell Katie what kind of person that he is so he told her not to talk to me- and she listened. She will do whatever he says no matter what. Though I am worried about my friend, I'm worried about her daughter, Maddy, more than anything. Mark hangs out with some dangerous people. He is constantly high on pain pills, marijuana, xanax, you name it. He is always in possession of some sort of pill and he is always hanging around bad people. I know that this situation is not any of my business but I am genuinely worried about Maddy, especially being only eight years old. I have tried talking to Katie but she absolutely will not listen to anything that I say regarding Mark. As terrible as this is to say, if it came down to it, I truly believe she would choose Mark over her daughter.

Is there anything I can do in this situation? I have always been one to mind my own business but I am truly worried about Maddy being in the predicament that she is in. Mark was released from prison only a few weeks ago and he is already back on an even worse path than he was before. Maddy's dad is a drug addict and isn't really in her life so that isn't an option. Katie's parents are both addicts as well. I just want the best for this little girl and as much as I used to respect my friend as a mother, I no longer do. What steps, if any, should I take here? Thank you for reading and I appreciate any replies.
Topic:
CPS and Dependency Law

Answer: If the child is in danger then call CPS.


Title: Can I lease an apartment for my brother so he qualifies for a lower income place? [Colorado]

Question:
It seems like there's some form of fraud going on here, but I'm not positive. I'm wondering if there's a way to do this legally, even if it's frowned upon.

My brother [25] is moving to Denver and wants to get a place in Breckenridge just for the winter as a second home. He found a place but makes too much money to qualify for it, and asked me [22, college student] to sign the lease for him. He would cover all costs, expenses and rent.  I currently have my name on a lease in Minnesota that my Dad is paying for. Is it fraudulent to do this? Could he "gift" me the money to cover it all? Co-sign?

I don't want to disappoint my brother and would love the option of having a ski home for the winter, but not at the expense of legality.
Topic:
Real Estate law

Answer: so your brother wants to take an apartment set aside for low income residents and use it as his ski house.  Nice values.


Title: Parents spent my savings and cashed out life insurance policy

Question:
Hi r/legaladvice!

I live in Colorado and have a two part story here, I will keep it brief to follow your rules but be as detailed as possible. The goal here for me is to identify any legal wrong doing on my parents behalf and to see if I'm potentially entitled to any money in my scenarios. Basically just want your feedback on if its worth seeking legal counsel. Thanks!

&#x200B;

Since I was 14 I had worked many different jobs (all legal, completed I-9's) and deposited a large portion of those earnings into a savings account, my parents were on the account as well since I was under 18. This same savings account I would deposit gifts from family from the holidays or birthdays. I kept a ledger growing up but that is now at my parents house so I don't know the exact balance but would've ballpark'ed it in the area of $4,000-6,000. I recall only pulling out \~$2,500 for a car when I was 17. As for the remainder it was raided by my parents when they went through a financial struggle. I don't know exactly when that money was withdrawn (but can assume around 2006 because it would fall in line with the next paragraph), that ledger became conveniently illusive. Could I be entitled to that money and have that paid back to me from them?

&#x200B;

The second scenario I'm more concerned about. In 1988 when I was 1 my grandfather opened up and paid in full a $15,000 life insurance policy for me. My beneficiary on the policy is my mother. After I got married last year my grandfather sent me the paperwork for it to change the beneficiary to be my wife. I called the company that assumed the policy (the original organization dissolved) and they told me the contract ran out in 2006. This was unbeknownst to my grandfather as well, he did some digging and found out my parents cashed it out during that same financial struggle (along with my 3 younger siblings policies). In 2006 I was 19 if that makes a difference.

&#x200B;

I do not have a good relationship with my family, I want to have a better understanding of what I could be entitled to before I discuss this with them. In the past when I would bring up the savings account subject they would just tell me the account is $0 and leave it at that. Aside from the morally not-so-cool move on my parents part I want to know if seeking more professional counsel to retrieve that money is worth my time. Thanks for the help reddit.

Answer:
 OP- For the emptied bank account, I would go to the bank it was with and ask for the documentation they have on-file for the account. Since you were a co-owner (a minor) on the account, they *should* be able to provide the documentation on it to you (assuming they still have records on it).

For the life insurance policy, you stated the beneficiary on the policy is your mom. Unless I'm missing something, she can do whatever she wants to with the policy.


Title: Mom died suddenly and unexpectedly, leaving me the executor and trustee of her well prepared estate. What comes next?

Question:
My mother (rest her soul) unexpectedly up and left this earth the other day for her next life, or heaven or whatever is out there.
She has a substantial estate, the usual stock portfolio run by a private money manager in New York, two houses, and a very significant collection of colonial antiques.
I am meeting with the estate attorney in a couple of days, what should I expect? How does this process work?
Thank you in advance.

Answer: The attorney will explain everything to you. But the ELI5 version is you come up with a list of everything she owns in part or full and a list of everyone or anything she might owe money to. You pay the second list from the first. Then follow the local laws or your mother's will about who gets what is left over.Answer #2: I'm very sorry for your loss.  Since her antiques are in the picture, you should consider hiring a professional appraiser to go through her collection.  Things that look worthless can be extremely valuable, and vice versa.


Title: [IN] My neighbor is threatening to shoot my 6 month old puppy

Question:
[deleted]
Topic:
Douche

Answer:
 > However I am wondering if he can infact shoot my dog just for being on his property

He could likely shoot the dog for coming onto his property, jumping on his kids and 'nipping' at them - which is code for "haven't quite bitten him, yet".

Control your dog.  If you can't, the rest of the world isn't required to let it attack them so you don't feel bad.


Title: [NY] Do I have to return my client's money?

Question:
Hi everyone.

A client signed a contract with me and sent a deposit for consulting services (I can't get any more specific than that as I work in a super niche industry). I work with a subcontractor who has had some negative reviews recently but whose work has been stellar when collaborating with me. My client was made aware of the fact that in signing a contract with me, she would be assisted by this subcontractor.

She has paid a deposit of half my total fees. In the contract, it states deposits are not refundable once work starts. I have started work already.

I got an e-mail from her a few days ago, stating she has found a few negative reviews about the subcontractor and even though she knows I am not contractually obligated to refund her, she expects a refund.

It is a substantial amount of money ($3,000) that I do not want to give back. The subcontractor has a pristine record with me personally, and I have excellent reviews of my own work online as well. How can I protect myself if she wants to sue over this? I'm trying to convince her to stay on and just use our services as well.

TL:DR - Client read a few bad reviews of my subcontractor after signing a "no refunds" contract. What should I do?

Answer:
 It's not your fault she didn't do her due diligence. As long as you're sticking to the contract you can tell her that she also has to stick to it, which means no refunds. If she sues, you will have to respond. You may be able to counter sue for your legal costs.Answer #2: How much work has already been performed? u/Eeech points out that a 50% deposit may be considered unreasonable in court, but you should point out your damages aren't just you not working, but also money paid to your subcontractor and possibly your subcontractor's lost wages from not taking other projects. Also, any work already done would offset any money they can expect to have refunded.

The other option, of course, is to offer to use a different subcontractor.


Title: I received a gift card from work then found that I had been charged for it when I checked at stub. Is this allowed? Indiana resident

Question: We received gift cards from our admin team at my place of work. When I got paid I saw I was a bit short so I checked my pay stub. They had charged me for the “gift” they had given us. It was listed as a deduction in the amount of the card they gave me. I did not request the gift card. Is there action I can take? (IN)

Answer:
 Legal advice up front, no your employer usually can not deduct from your wages or pay you in gift cards or other alternatives without your consent. If that is really what happened you likely have recourse through the IN equivalent of a dept of labor. BUT read below for some practical input...

It is worth confirming exactly what your pay stub is saying. Often additional cash gifts from your employer need to be reported as income and so will show up on your stub in some way. There are different ways for this to happen depending how your payroll dept handled it. One is to show that you were paid an extra $100 or whatever but then show it as a deduction because it was not included in your check/direct deposit (you received it already).

It is probably worth politely inquiring with your HR/payroll dept at work to ask if they can explain your recent pay stub to you without accusing them of doing something wrong. They may be able to explain what was done, why, and how it matches up with your expectations for pay. If you aren’t satisfied or have reason to think they are being dishonest with you, etc you can still pursue other legal avenues.Answer #2: They didn't charge you for it, they reported it as income and you paid taxes on it.Answer #3: There have been many ‘like’ questions over the last few weeks in this group.

When a company gives a gift card as a reward, bonus, etc they need to deduct it from your taxes.  So it shows on your paycheck stub.  Unless they miscalculated something, it should be 100% legit.


Title: If someone else already registered firstnamelastname.com, can I still legally register firstnanelastname.io or .me and use it?

Question: [deleted]

Answer: I don't see a problem with it being a different domain name (.me .org .whatever). They should have claimed those as well if they want to protect their brand name.


Title: [CA] What can I do if I get sued for credit card debt after I move out of state?

Question: [deleted]

Answer:
 IANAL

If you approach the credit card companies BEFORE they actually file suit, it will probably be cheaper because there won't be all of the court costs involved. If you say you want to make things right and ask to arrange a settlement and repayment plan, it will probably be lower overall debt. As an added bonus, it won't appear anywhere but on your credit report.Answer #2: If you don't arrange to pay your credit card debts with your creditors, then ultimately they will most likely file suit against you.  There is nothing that you can do to dictate when and where they file.  If they file against you, then you must respond or they will obtain a default judgment against you.  Given your questions it sounds like if they file against you, then you will definitely want an attorney to help you respond.


Title: Suspended from my job because of a miscommunication, now it's been a month and a half out of work, and two weeks since my area supervisor has returned an email or phone call. What do I do? (XPOST from r/advice)

Question:
It was recommended I post this here.

I work in a group home for adults with developmental disabilities. I can't give you any real details, because HIPAA, but the toast and jam of it is that I was accused of neglect by a coworker. An investigator from Adult Protective Services came and through her methods determined that I was clear of any neglect claims.

This was two weeks ago. My area supervisor hasn't contacted me since, despite my many attempts to contact him.

I have now been out of work for almost two months, and I'm struggling to support my disabled wife and 6-year-old daughter. I'm just lucky that this incident fell so close to my income tax return. But that money is gone now.

I've contacted human resources and she isn't much help. Citing the fact that there are over 300 employees and only one of her, she has done little to move the process along.

I've had this job for almost 2 years, so it's difficult for me to consider walking away and cutting my losses. What should I do? Should i contact the state labor board? Should I file unemployment? I just want my name cleared and my job back.

Answer:
 IANAL, but I would recommend that you apply for unemployment. It will light a bit of a fire under their butts to either bring you back or pay for you to not come to work. Either way, they have to do something.

If they approve you, then they're basically paying you to NOT work, which they won't like. If they deny you, then they have to justify that to the unemployment office. Either way, they have to do *something.*

I could be wrong about this, though, so I am entirely willing to be corrected.


Title: (Ca) a car ran over some debris a few lanes over and almost killed me when it went through my windshield. I got all his info after chasing him down. Is he at fault or is caltrans at fault?

Question: He started speeding off I had to catch up to him and flag him down and he said hey I'm late to work it's not my fault I ran it over. He reluctantly gave me his info and before I go to my insurance I wanted to see what happens in situations like this?

Answer:
 No one is responsible. You will likely pay your deductable and fix it.

Things happen. The driver is not at fault. And you are unlikely going to able to prove caltrans left the debris in the road. Answer #2: Unless the other driver was somehow negligent for not avoiding debris in the road (*e.g.*, to swerve would have been impractical, impossible, or dangerous), I do not see how this is the other driver's liability.


Title: [ONTARIO] I dented a car. We agreed not to go through insurance. A week later I found out it's a rental car. What should I do?

Question:
Hi all,

About a week ago, I made a judgement error while parallel parking and put a dent in the front bumper of a jeep, and there is a tiny scratch/chip out of the paint. I left a note, and when the driver of the jeep contacted me, I offered to just pay the costs to avoid going through insurance, but left it up to him. He agreed. The estimated cost was <$1000 (still ouch, but could be worse).

Well, I'd basically been harassing this guy all week trying to get him to take whatever money I owed him and be done with it, offering to pay the invoice directly with the body shop, e-transfer him money if he's already paid, etc. He just texted me that the jeep is actually a rental car from enterprise (and therefore he's not allowed to make outside repairs.)

So basically, what do I do now? He is very difficult to get a hold of, so I'm not sure if we also have to worry about whatever credit card company he booked with and what coverage he has there. I also don't even know when he's taking the jeep back in, if he has already, and what he's told them/is planning on telling them.

If at all possible, I would still *love* to avoid insurance companies as I can barely afford my insurance as-is, with no prior accidents. Is this even possible? Or should I start looking up bus routes lol....

Thanks in advance.

Edit: Spelling

Answer:
 INAL but if the person got the damage waiver on the vehicle and doesn't tell them how it was damaged then Enterprise will take care of it and that will be the end of it. If he didn't get the damage waiver then they may go after him for it. He may then give up your information which will cause Enterprise to go after you to fix it. It wouldn't surprise me if Enterprise is sleazy enough to charge the renter and still go after you (double dipping).

If you get contacted by Enterprise then it may be worth reaching out the the renter to see if they have already paid them to fix the damage. If Enterprise does try to double dip then you might want to make another post. Not sure if Enterprise would be in the legal wrong to do that. Morally, I think that would be abhorrent.


Title: (MN) Felony THC Concentrate Charges

Question: On December 11th I was arrested for possession of marijuana/thc concentrate in Wright County Minnesota. In all honesty, I am not sure what I should be doing going forward. I am a 20-year-old community college student looking to transfer to the U of M. I realize that I did indeed break the law by possessing concentrate, and I want to do what it takes to ensure that my future is not ruined. I pride myself on being a kind, hard-working individual who has already had to face adversity after dropping out of high school. My drug and alcohol use has never negatively affected people in my community or my family. I simply self-medicate for private reasons. I wish to work hard my entire life, not strictly for self-gain, but to ensure a prosperous future for as many individuals as possible. This felony charge may prove to be detrimental to all of my future goals. I am simply asking for advice on what I should be doing going forward. I am scheduled for a court date on the 18th of January. Any information or ideas would be much appreciated.

Answer:
 Drop the good kid shtick unless your lawyer advises you to keep it.Answer #2: Hire a criminal defense attorney. If you need a referral, the Minnesota Bar Association can help.

If you still are using, stop now. There is a good chance a court ordered drug test is in your very near future.


Title: [RI] Started working at a pizza place and my manager has completely refused to pay me for any of the work I’ve done.

Question:
Hey guys, so I’ve been working at a pizza place that I’ve been living near for some time.

Since I started working there my manager has pushed back the day I’ve been paid nearly three times now.  And I am owed about 1500 dollars. This is a “cash paying job” and he has refused to give me a code to log my hours, but I have some people to vouch that I worked there.

What is the proper course of action for this situation?

Answer: Contact your state's labor board and turn them in for unpaid wages. Then contact the IRS and let them know they are employing people under the table in cash.


Title: CA - Cooking classes from home

Question:
Hi. We had baby #2 two weeks ago. My wife doesn't want to go back to her 'real' job in December. She has a cooking blog/website (Japanese food) and has had some people interested in classes. We haven't thought about registering a business or anything yet - just some private cash work at first, I guess. I think she'll need to get some sort of public liability insurance.

However, because they are there to learn how to prepare meals at home, they'll be served a complete meal menu per class. Will registration/license be needed? Will we need a 'compliant' kitchen for this? Also, will a ServSafe card be needed?

Thanks

Answer:
 IANAL but a chef by trade (and mom) who ditched restaurants for, in part, this kind of thing so I could spend more time with my kid.
To be clear, you want to run this out of your residence? A lot of the information you'll need is county/city specific- county clerk and local health department would be good starting points if/when this goes from casual thing to actual business.
I'd absolutely have her get a food handlers card because it's cheap, easy and should just generally be used by people preparing food for the general public.


Title: (LA) Can phone recordings between my children and me be used as admissble evidence in a custody case?

Question: I'm in Louisiana. I want to know if I record my phone conversations with my kids while they are with my ex, can things they say be admissable in court and used against my ex? Through some googling, I found that Louisiana is a one-party state where only one of the people in the conversation has to be aware that it is being recorded. However, since this involves minors and custody, I'm not sure if or how that affects things.

Answer:
 This is a good question to ask your lawyer. Even if it is admissible, actually recording your kids and using that recording as leverage in a custody case sounds like a good way to piss off a judge. Seems like if the judge wanted to talk to the kids, he or she would just request to speak to the kids. When you proffer evidence that are recorded statements, you open the door for the opposing party to have an opportunity to cross examine those that made the statements. I could very easily see your ex's lawyer coming up with a good argument as to how you're strong arming them into having to cross examine her own children with possibility of having it come to light that the children are lying on those recordings.

It would not be a strategy I would employ without one, it being very thoroughly thought out, and two it being absolutely necessary.


Title: Letter I received at my apartment complex.

Question:
We receive free heat in our apartment complex and the boiler pipes run through uninsulated garage space bellow the units. Half of the spots are connected to one another on one side of the building and the other half are interconnected on the other side. Each apartment gets one garage spot but there is one door for every 2 spots and the garage doors are the only access to the parking spaces in the lot where additional residents can park. The rules stated in lease are that you can be fined $70 for leaving your door open but there is no way to enforce this as all of the doors can be accessed from up to half of the building as well there being multiple units assigned to each garage door etc.

I received a letter today reminding everyone to keep the garage doors shut as many of the apartments are being reported as being cold and some of the pipes have even burst. The letter goes on to say that any financial liability for burst pipes will be divided evenly among all of the apartments. No where in my lease does it say that damage caused by other tenet's negligence would be my financial responsibility and even if it did I'm highly doubtful that it would be legal. I do my part to keep the doors shut and the property management company should do theirs in catching and fining those responsible for leaving the doors open, as outlined in the lease.

Do you think that it would be legal to charge everyone because of weather related issues exacerbated by a few bad tenants? I'm considering sending this to the WI Department of Agriculture, Trade and Consumer Protection but I thought I'd get your opinion as they reveal my name etc to the property management company.

Answer:
 There isn't a chance in hell that threat is legally enforceable.  Your landlord is making a big noise in an effort to get people to comply.

At this point, you really don't have anything actionable to complain about.  Sure, you could contact the proper state agency, and they may contact your landlord and tell them to stop making threats.  That could, possibly, cause problems in your relationship with the landlord.

The best course of action is probably to do nothing until your landlord actually attempts to levy a charge or fee.Answer #2: The letter is a subtle troll. They say that charging all the tenants is the only way to 'insure' that the doors are kept closed and the pipes don't burst. The word should have been 'ensure' but ironically buying insurance would be the proper way of handling damages.


Title: My GF participated in a drawing contest and got the first place by rules but somehow the person in 2nd place got the price and won.

Question:
My girlfriend participated in a drawing contest with two prizes, one chosen by the jury and one by the popular vote. She got 500 more likes than the person at the 2nd place, but somehow they gave the price to the 2nd place. And the organisation do not reply to explain them self. The rules of the contest say, there will be two winner. One that the jury will choose and one with the most like on Facebook. Is there anything we can do? The contest took place in Thailand.
Topic:
Non-US

Answer:
 This doesn't sound particularly fair but I doubt you will find any experts on Thai drawing contest law here..... Theoretically you could consult with a local lawyer but it probably isn't worth it.Answer #2: Who was supposed to get the prize?
If the prize was for the jury’s choice, than she wouldn’t have won— she won by votes on Facebook.


Title: Update and questions - Tenant Indiana

Question:
[deleted]
Topic:
Landlord Tenant Housing

Answer: If you just bail on the thing then you'll be on the hook for rental payments until they find a new renter. You need to go to your city/county code inspector and invite them out. If the city/county declares it uninhabitable then the lease is done and no claim can be pursued against you for outstanding rent.


Title: Not sure if I should ask here, Not sure if I should ask anywhere. I just don't know

Question:
We're in the middle of a sex abuse case against a Middle aged Family friend and things he was planning on doing with my preteen child.

He was arrested, Confessed and was bailed out by his horrible disgusting sex offender loving wife, but even though he confessed via taped confession to the police, We're awaiting a jury trial where he's plead not guilty... our counsel is horrible at keeping us update or even answering questions.  so far he's got charges against him that are "open" on child luring , because he only asked for things via online and video messages and asked about meeting her and didn't actually set up a TIME to meet her.. if that makes sense?

&#x200B;

We were advised to offer a plea deal   , we asked for jail time and for him to register as a sex offender, He would do the jail time but came back fighting against registering as a sex offender because it would ruin his life.. uh.. YEAH THATS KINDA THE POINT PERVERT. anyway....  SO he didn't accept the deal so it's set for a jury trial..

&#x200B;

now the trial is not for MONTHS, and our counsel hasn't updated us on anything like Now that it's a trial are they going to push for the max? what is the max?  He confessed why is this so long and drawn out?  Is there a chance he wont have to register as a sex offender? Why wont the states attorney keep us updated... It feels like he feels like this case doesn't matter at all.

&#x200B;

We live in a rather small area, and see him and his family often and it hurts my child every time and causes her so much mental pain and shes scared hes going to hurt her.. What should we expect about a trial?

&#x200B;

We have complaints from multiple other children about him but no physical evidence becausehe's been very good at hiding things via internet/ snapchat with other kids and it's been a year or so with the other kids compared to us Our daughter came to us pretty much straight away so they were able to pull things from her phone because it was happening in real time

&#x200B;

i'm so stressed and scared for her, small towns are not kind to girls who go up against men .

&#x200B;

Thank you ahead of time for giving me a idea .... I just feel like we're not "important"

Answer:
 First, the prosecutor is not your attorney. They work for the government, not you.

The max sentence can't be known without a location. And courts are busy that is why trials are set out months.


Title: [TX] Mom received letter asking her to pay for judgment on her dad's old oil and gas company.

Question:
Hello /r/LegalAdvice and thank you in advance to anyone who reads through this.

Backstory:  my grandparents owned a oil and gas company in Texas.  It was organized as a corporation and my mom worked for the company for a while.  As a result of my grandfather's passing, the entity still exists and my mom/uncle are owners of the entity.  However, the company hasn't operated or owned any assets in a while.  Since then, my mom has declared banckruptcy due to some other businesses and been working/living in Oklahoma for over a decade.

Last week: mom gets a letter in the mail from the Texas Attorney General's office signed by a "special investigator".  The letter states that my mom owes the state of Texas $75k.  The reason was because of a judgment by the state of Texas for a plugged oil well that I guess my grandfather's company never paid.

From what I understand, the railroad commission plugged a bunch of wells in the area (and probably the state) when oil took a turn in the 80's.  I'm not sure the timeline on this, but from what my mom says, they hand down a judgment for the plugging of those wells and it accrues interest.  That's about all she knows about it.

The letter itself is fairly vague, but it does have a claim number and pretty much just asks her to call the office to arrange payment.

So, of course the first question is my mom truly liable for this payment?  In either case, what's the best way forward?  If it goes unpaid will they eventually turn to mom's estate in some way?  Again, thank you for any advice.

**TL:DR mom got a letter saying she owes money for a judgement by the state of Texas on my grandpa's old oil company**

I know there will be plenty of follow-up questions to this, so I'll try to answer those as fast as I can.

UPDATE: We have gotten in contact with a bankruptcy lawyer.  What we expect is for them to advice to dissolve the company officially, however the company would need to likely go through bankruptcy since that judgment is out there.  Either way, they will advise.  Not a scam that we can tell and the judgment says no statue of limitations.  Will verify what the case says regarding the "et. al." to ensure it's just against the company.

Answer:
 $75k is lawyer territory. Depending on how the company is incorporated and organized, she may just have to have the company declare bankruptcy but she absolutely needs to discuss it with an attorney. Answer #2: The corporation may owe the money, but that does not necessarily mean your mom owes a penny.

Lawyer time!