Title: [FL] arrested for disorderly intoxication, trespassing after warning, and resisting officer without violence to his person, need advice.

Question:
First and foremost, I have retained a lawyer.

Also I don’t live in Florida. I was on vacation. I went bar hopping with my friends remember drinking a lot in a very short amount of time.

We went to go to another bar and the door guy said I couldn’t get inside. I don’t know much what happened from there, but apparently a police officer said I went to him and asked him how long it would take to get back to my hotel and apparently he told me to have a good day.

For whatever reason, I went back like 2 min later and I told the cop that he’d shoot me if I was an African American (the cop was African american). I have no idea why the fuck I said this to him. I don’t know what point I was trying to prove and I was not being racist or anything, if anything I was trying to stand up for all the police brutality shit, but I digress. It was a fucked up thing to say.

From there, I was put in the back of a car and I kept saying shit like “please don’t shoot me, please” mocking the police officer and again bringing up how if I was black him and his buddies would probably have loved to put 40 rounds in me.

Anyways I get to the jail and I am pissed off. They put me in solitary and for the first 8 of 20 hours I was in there, I wasn’t allowed to call a single person. Nobody. I kept telling them please just let me call someone and bail me out.

Anyways, I was so fucking desperate that I yelled saying “just get me a fucking bed sheet so I can hang myself” and that I’m “so suicidal and just come in and shoot me”. In reality I’m not suicidal at all, I just figured saying this dumb shit would get me out of solitary.

It actually worked, they put some stupid suicide prevention jacket on me, and I was finally allowed to sit in the lobby and call someone to bail me out.

Hours go by and I am brought to some mental health wing of the jail and from there I was told that the fact they let me use the phone was bad (they said someone fucked up and that I shouldn’t have been allowed to use the phone because I was on suicide watch).

Anyways I don’t even know what I’m asking. I guess I’m just afraid. I live far away from Florida and I have a career and shit. I don’t want to go to jail for 30 days or do probation or any of that (not because I think the law shouldn’t apply to me, but because I have work and shit)

Also I’m worried this is going to fuck me over when I go to apply for jobs.
Topic:
Alcohol Related Other than DUI

Answer:
 You can listen to your attorney and get help for your drinking problem.

> I don’t want to go to jail for 30 days or do probation or any of that (not because I think the law shouldn’t apply to me, but because I have work and shit)

Yea nobody wants to do the punishment. But that's why they call it punishment and not reward. The chances that you will get out of this scot free are pretty slim so temper your expectations.


Title: [Georgia, USA] Went to Traffic Court, made a deal with the prosecutor and paid but left before the trial?

Question:
Okay, so I'm 20 and I received my first ever ticket for speeding. I went to court on the 13th of June.

I got there around 30 minutes early and a prosecutor called me up. She asked me what I was looking to do and I told her that I'd be willing to pay the fine, but I'd like to not get any points on my record. She told me she could do that and reduced my speed from 65 to 59 which canceled the points. She then told me "If you have a seat over there, someone will lead you to the accounting desk to pay the fine."
So I go to pay the fine and the accountant gives me a receipt and says have a good day.

At this point, I'm under the impression that the prosecutor took care of everything and that I'm free to leave after paying. So I left. But now after some googling, I'm worried that I still had to stay to face the judge and I might get in trouble now. Was I able to leave?

TL:DR I went to court, talked to the prosecutor and was told to pay, paid and left the court without seeing the judge. Am I in trouble?

Edit: Spelling Error

Answer: Yes. You were able to leave. Prosecutors in many traffic courts make deals on the behalf of the court, which is what occurred here. the matter is closed.


Title: [Notice To Appear] How do I represent myself in Federal Court for a Traffic Infraction?

Question:
Lawyer told me that rather than spending thousands of dollars to have an attorney do the same thing he said I should be able to represent myself since it's a petty offence ( speeding infraction ). Would like to get some extra thoughts regarding this.

Here is a list to make it easier for everyone to read.

1) I was pulled over on a National Park for speeding

2) I'm 26 now and never been pulled over in my life let alone received a ticket.

3) Lawyer said I should just go in and do a "plea bargain" at the notice of appear before pleading guilty or not guilty. He said there a good chance the prosecutor should more then willing to offer alternatives due to my clean driving history such as a driving school to drop the case.

4) Worst case scenario if the prosecutor didn't want to "help" I can just plead not guilty then hire a lawyer for the trial.

&#x200B;

Is this all sound advice?

Answer:
 If traffic violations on federal land generally go as they do on state land, it shouldn't be a big deal. You walk into the court, get in line to see the prosecutor and wait, then when it's your turn a few things can happen. The prosecutor can ask you what you did and to explain, then he'll offer you alternative violations that are less than the speeding (speeding of a lesser value, a non moving violation, etc). Or he can cut the bullshit and just go straight to the alternatives. You agree on something then wait to be called in front of the judge to plead to the new offense.

Personally, the only time I've see the prosecutor ask for an explanation was when it was a minor who received a moving violation.


Title: I have a land grant from 1840 signed by the US president. Can I claim it back?

Question: I have an original copy of a certificate signed by the US president in 1840 that gives a direct ancestor of me a grant to a land in Missouri forever and not only to him but to his heirs.The land is 44 acres by the way. We don’t have any family anymore  that we know of. Is there any possible way to see if we can claim the land? Or do you all think it’s more likely that it was sold. Is there any way for me to check and see if it’s still mine. Considering the certificate says forever you’d think even if they sold it it still would be mine? Or not

Answer:
 You can check the register of deeds.

Forever and to heirs is just a phrase used to indicate that it is fee simple absolute (basically outright ownership as opposed to a lesser interest). It provides no basis for you to unwind a sale.Answer #2: That document could be worth more than the land (for which you would likely have a legal fight). Get it appraised by an expert on historic documents.

And check your homeowners insurance to be sure it's covered if it's in fact worth money.Answer #3: So you are saying there is only one linage path from what was presumably a great-great-great-great-relative?  Even if the property does belong to the estate of g-g-g-g-relative, you are going to need to sort out the other heir issue.

More likely is that an heir way further up the line sold it before the turn of last century.Answer #4: Signed by Andrew Jackson? Documents with his signature go for up to $10,00 just so you know, OP.Answer #5: Dude. 1840?

That land is sold.Answer #6: Check to county's GIS website? Is the parcel still owned by the government? Is it privately owned? Is there even a parcel for that plot or is it part of a larger parcel?


Title: Do I have to disclose an expunged juvenile felony on a PreCheck screening for Medical Employment/Student eligibility?

Question:
I'm sorry if this is not the right place to be asking this, but I have a PreCheck screening coming up for my RN School acceptance. When I was 16yo (26 now), I had a felony vandalism charge because I was an idiot.... It was expunged before I had even turned 18, but now I'm wondering if should disclose it going forward. Also, I've done LiveScans before and I've never had an issue.

&#x200B;

I appreciate any help I can get with this situation. Thank you!

Answer: Expunged means it is like it never happened. The info is kept but only in rare situations could it be examined or brought up. A request to unseal the records would have to be granted by a judge.  Juvenile records in some states are automatically expunged when you reach 18 in other states only on request. If you are 100% sure it was expunged the employer PreCheck is not going to see it. If it was an FBI background check they may see it.


Title: How to bust my drug dealing sister without affecting my mother

Question: My sister started smoking weed a year ago and is now saleing it. She is disrespectful to be and my mother and I was planning on calling the cops, but my mom stopped me because she didn't know if that if I did if it would somehow get her in trouble to with the law. Please help, she's getting worst and doesnt plan on halting her drug dealings, she's 18, can I call the cops on her in my mothers house without any legal repercussions towards my mom?

Answer:
 The single best thing you can do for yourself is to move, so that there's _no question_ as to whether any of the drugs in the house are yours.

Beyond that, there's no magic. If you call the cops, they'll likely search the whole house, as well as every vehicle your sister has access to (i.e., all of them). Whether your sister alone would face charges, or whether other residents in the house would also face charges, largely depends on what the police find and on what a prosecutor thinks might stick. There's even a slim, but non-zero, chance that the state will seek to take the property if they believe they can show that it was purchased with your sister's drug money.

You can't pick and choose. Your mother's made her choice: she's willing to tolerate crime under her roof. You can respect that decision, or not, but you can't un-make it for her.Answer #2: Mind your own business. Your mom can kick your sister out if she doesn't want her disrespecting her in her own house.


Title: My friend's dog was taken to the pound against her will, and the dog was put down before she was able to do anything about it. Is there any action she can take?

Question:
My friend was dating a guy long distance. He got a dog for them that he kept in his home. The short story is he had to move out and get an apartment, and he took the dog to the pound despite my friend's many offers to pay the pet deposit for the apartment.

She called the pound numerous times trying to find out if it had been adopted or if they could keep the dog until she herself could drive up and get it. Today she found out the dog was put down.

This shouldn't have happened. My friend was fully prepared to drive up and get the dog herself, she just hasn't had the time to do it. Her and the guy are no longer together for a myriad of reasons, and I'm wondering if my friend can legally hold anyone responsibile for what has happened.  Thanks for your help.

Answer:
 So *he* got a dog, and *he* got rid of the dog. That's his right. Answer #2: There's probably not much, if anything, that she can do.

The dog may have been bought to "share" but let's be realistic here, that was just an emotional thing. The dog lived with him, he took care of the dog's day-to-day needs, probably paid for a majority of the food and vet bills, and so on. The dog was realistically - and probably legally - *his* dog and only *his* dog. And he's free to give his dog away to a shelter/pound.

The pound is not required to hold the dog or adopt it out to any particular person who wants to have it, either. It's unfortunate, yes, but they can choose to euthanize the dog rather than letting someone else adopt it.


Title: [Oklahoma] Summons Delivered to Wrong Address

Question: Hello r/legaladvice! A summons was delivered to my house while I was gone. The summons was stuck in the door frame. However, the summons was delivered to the wrong address. The summoner had the street correct, but the wrong house number. How am I supposed to handle this? Who do I report this mistake to? Are there any other pertinent details that I need to be aware of? Thanks.

Answer: There should be a law firm listed on the documents. You could give them a call. It's nice of you to try to get this rectified because otherwise the defendant likely won't find out about the lawsuit until a default judgment is entered against them.


Title: My friend knocked up someone [Georgia]

Question: [deleted]

Answer:
 > My question is, is there anything he can do to not be responsible for this kid?

No, of course not. Why would you think there would be?!?


Title: [OREGON]Years have passed and friend is still paranoid about potential statutory rape charge.

Question: [deleted]

Answer:
 Oregon has no “close in age” / “Romeo and Juliet” clause.

It seems the statute of limitations is 12 years for this crime but if the victim was under 18 then, unless I’m reading it wrong, you / your friend can be prosecuted until the victim is at least 30.


Title: (LA, US) (Please HELP!!!🇺🇸) Landlord (Satan) violating lease and trying to wrongfully/illegal evict me for profit.

Question:
I'll try to keep this short, but there are plenty of infractions and what I believe to be important pieces of information. If ANYONE can help, I'd be extremely grateful as these people are very immoral, don't care about doing anything illegal, and I'm honestly in a bit over my head and can use some help. I'm trying my best to stand my ground, so hopefully that counts for something 😉👍🏻

Some quick context & backstory: I'm a criminal justice major at a local college. I applied to the Nypd and they should be calling me up in about a year to go to the academy. As such I was looking for a place near the college and that was already set up so I didn't have to furnish a place as I would just have to sell most of it 12 mts later. I found a house about 5 mins from the college from an ad on Craigslist. The owner "Tina" a 22 yr old girl said that she came into some money and owns the house along with both her parents. They moved out and she's busy buying the rest of their portion, and as such is busy renting out all of the rooms. The house comes stocked with all appliances, washer and dryer, cookware, and everything else you'll likely need. You'll have full use of everything on the premises until you move out. The only thing you have to worry about is furnishing your own room. Utilities are also provided for which include lawn care and Internet.

Now obviously this sounds like a great deal so we drew up a written lease and she gave me the choice between a bedroom or a small office. The office was cheaper so I went with that one. There's also 2 other roommates, "Eric" who is a good friend of hers and a fairly good guy, and "Whitney" who moved in about a month or so before I did. At the start everything goes good other than the fact we had to go a week without any hot water as the hot water heater broke. After a few weeks Tina starts acting like an ass cause apparently one of her friends doesn't like Whitney or I. She also has loud parties which last till 4am on weekdays when Whitney and I have work/school and is generally inconsiderate to the both of us. In addition I believe the cops were called about 3x in 2 mts for various things just to give you some insight.

Anyways about 2 mts into my year lease which was signed on 1/1/16 and expires 1/1/17 stuff starts to happen. She decided she just wants to sell the place and wants to kick everyone out and get a smaller place with her and Eric, that's cheaper.  Whitney who has a month to month lease but was verbally promised at least 6mts has a few choice words for her but ultimately moves out as she's tired of dealing with Tina and her bs. I on the other hand refuse to as I have a written lease which gives me the room for a year and don't like the idea of all the time, energy, and money I just wasted. I told her I have no problem moving out IF you reimburse me for my wasted time and money, the difference in increased rent for the next 12 mts since I'll have to move at the last min and doubt I'll find a good deal nearby, and other stuff along those lines; all of which I feel it was fair to ask for. She basically told me she'll talk with her father.

Towards the end of March she starts moving out and her father helps her. Takes the washer and dryer and replaces it with crappier models, refuses to fix the broken knobs on the stove, won't fix the fridge since it doesn't make ice, takes the microwave and replaces it with a broken one, and then takes all the other property which she deemed communal as per our agreement. This was part of the verbal agreement which my other roommate will testify to, but communal property was not included in the written lease.

They have yet to fix any of this despite me contacting them multiple times so I had to go spend $400+ to buy the basics just so I can eat. She also left the property somewhat of a mess from moving out which I cleaned, refuses to collect the rest of their property from the premises despite me notifying them, and refuse to collect rent or leave a account number or forwarding address so I have other ways to pay it. They have shut off the internet and say they'll shut off other utilities shortly, so I'm having to type this tediously from my phone. In addition I'm also having to miss school cause they've allowed people to enter without my knowledge or consent, move my property and possibly invade my privacy, all so they can take pictures and list the place online and I fear they may steal or damage my possessions. They also recently admitted to me that they're still paying some Florida professor for the house so it may have been a sub-lease.

I also just got served with an eviction notice by them 2 hrs ago. Their justification is 3 grounds.

1. I possess a firearm which my lease says I must make known to all residents. However I didn't purchase it and pick it up until a day after they moved out and seeing as how in the only resident, who am I gonna notify? Furthermore I posted it on Facebook so it's not like I made an effort to hide it. There's also no proof I didn't tell them or keep it in my vehicle. And logically how would they list that I didn't tell them about a firearm? They would obviously have to know about it in order to list that as an offense in the first place.

2. The landlord's printer sucks and there's a small vertical line or two going down the length of the entire document. As such they said its void because it's "scratched out".

3. I put a small hole in the wall and failed to fix it in a reasonable time. This is only somewhat true, although Mattress Firm actually did that accidentally when they delivered my bed. I called them up right away and they said they have to contact the delivery company and go through a process to reimburse me. Within 3 weeks a contractor came out and it was fixed like new. She also said it's not a big deal and to take your time as long as it gets fixed. All this was verbal and I don't believe there was any written proof.

I have recorded most things without their knowledge which should be legal under one part consent law, and Whitney and her boyfriend have agreed to testify to whatever I need them to as they have been following everything she's done.

Now personally I'd like to stay where I am without having to worry about being evicted wrongfully or having my utilities cut off, and be reimbursed for everything they took and that's broken, or I would like them to provide restitution so I can move out. I'd also like to sue or press charges on whatever grounds I'm legally able to. Perhaps fraud since they don't actually fully own the property. I went to go see about suing in small claims/civil court but I was told I need an attorney as there's no forms to fill out. Obviously I'm a college student so it's not like I can blow a ton of money,  I don't have cause these people are immoral and obviously don't care what they do. I know this was long but if anyone can help or offer advice, thank you.

Tldr: Satan is my landlord and wants to sell the property for gold, so (s)he's trying to wrongfully and illegally evict me and violate my rights.

Answer:
 . . . did you just use emoji's in your request for legal advice?

God damnit I hate my generation.

EDIT:

I decided to skim your post.  Fucking christ it is a mess.  You included more irrelevant things than just about any post I've ever seen.

Do you care to try again?  Perhaps succinctly articulate why you think "(s)he's trying to wrongfully and illegally evict me and violate my rights."  Also, please describe why your landlord is Satan, ruler of the underworld and destroyer of souls.


Title: What rights does somebody else have to use my medical records in court? NY

Question:
It is very complicated so I will try and keep it short. My husband and my parents passed away in a car accident a few years ago and his parents are trying to take custody of our son. Their lawyer is going to try use my medical records in court as well. They got their hands on my records as our parents were very close and they named each other as executors of their wills. The records show that I spent some time in a psych hospital as a teenager due to trauma and abuse.

They have stated they are going to try and use this against me and was wondering if they are breaking law the by being in possession of my medical records and trying to use them against me. Is the lawyer doing anything illegal by doing this? They have not had the chance to present my medical records but have been threatening to use them

Answer:
 If they legally obtained the records, then it's just a question of admissibility.  Unless this was less than 3-5 years ago, it's very unlikely the judge will care, especially in the absence of any kind of evidence that you aren't a fit parent.

If you don't have one, you need a lawyer, and you need to completely stop communicating with these people.  Do not take their calls, respond to their texts or emails, nothing.  They are dead to you.


Title: (OR) Dad keeping all recites from everything he buys me

Question: My parents are divorced and my dad only has me and my sisters twice a week from 1-5 with no overnights. He has recently started to be super eager to save every single recite from things he buys us wether it’s food or new clothes. Just wondering legally is there anything he could do with this like have the courts make my mom pay half or anything along those lines.

Answer:
 *receipts

I think you should stop worrying about it. Maybe his accountant asked him to keep all of his receipts. Who knows? Child support calculations involve incomes of both parents, and how much time is spent with each parent.Answer #2: Others have answered your legal questions.  I have one more thing to say about this.  You should avoid getting between your mother and your father.  In other words, don't "snitch" on your father.  Let them both do what they need to do, and focus on your relationship with them each as being totally separate from the other parent.


Title: Can a pregnant 17 year old legally move out without permission? (New York State)

Question:
Context: I'm a pregnant 17 year old who currently lives with my grandparents who are my legal guardians. I hate living with them because they are both alcoholics and they insult me all the time, going as far as to call me a slut and say they should "whore me out to people for money". They have also threatened to kill my pet cat on multiple occasions. I'm entirely sick of it and have a place to go that would welcome me with open arms.

However, I was wondering if my grandparents would be able to take legal action against me if I left? If they called the police would I be forced to continue living with my grandparents?  Would the people I'm staying with get in legal trouble if they agreed to let me stay with them even though my grandparents don't want me there?

Answer:
 They’re your guardians until you’re an adult.

If you’re unsafe at home call the police/CPS Answer #2: If they are behaving in an abusive manner or threatening to kill an animal or harm you, call CPS.


Title: NJ: Posted ‘No Trespassing’ Signs

Question:
Hey, everybody! My next door neighbor is a bored, lonely old guy. He’s kinda creepy but we’ve always been polite/cordial. No conversations, no interaction. He has a fence set back about 6-8 feet from the property line. About six months ago, he nailed up four (4) ‘No Trespassing’ signs to the fence. Last week, I got a DAT in the mail charging me with trespassing. As evidence, he’s supplied a picture of me mowing my lawn. In the picture, I’m *clearly* on my own property - I’m pretty weird about staying on my own property and have never crossed the line -  but the picture was taken from an angle that makes it look like I *might* be dancing on the property line.

I’ve got some attorney friends who’ve said the judge will laugh this out of court. My specific question is about the **location** of the signs. They’re nailed to a fence 6-8 ft **into** his property. Do the signs LEGALLY mean ‘Don’t come beyond this fence.’ or ‘Don’t step across the property line.’ I’d like to just shut this down & not hurt the old guy too badly. I’ve got to go court no matter what - appearance is required. Understanding what the legal implications of the signs are would help me out.

Thank you. Have a great day, everyone!

Answer:
 According to the [statute](https://law.justia.com/codes/new-jersey/2013/title-2c/section-2c-18-3/)

>b.Defiant trespasser. A person commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:

>(1)Actual communication to the actor; or

>(2)**Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders**; or

>(3)Fencing or other enclosure manifestly designed to exclude intruders.

I cannot find any "prescribed by laws" that explicitly spell out how a no trespassing sign needs to be posted.

Regardless, "reasonably likely to come to the attention of intruders" is what will be the kicker.  Specifically for you, you know where the property line is which means you reasonably know what his no trespassing signs mean.  Even if they are posted a few feet into the property.

Edit-

I should have looked at your [post history](https://www.reddit.com/r/legaladvice/comments/9jhgwy/pro_se_adjournments/), before commenting.Answer #2: I seriously doubt that there's any caselaw that spells out where exactly a posted no trespassing sign goes into effect.

And I can tell you for sure that no one here is going to spend hours doing that level of legal research for you for free.


Title: Landlord charged my roommate and I each $400 non-refundable pet deposit and requires us to also pay for a flea treatment even though there are no fleas. What should we do?

Question:
Isn't this type of thing what the pet deposit is for? It says in the lease that we need to provide a receipt for a flea extermination at move out. The penalty is $150 from our deposit, which we've considered splitting and not doing anything.  Is there anything we can do? It seems pretty unreasonable but I don't know what my options are.
I am in Oklahoma City

Answer: If it's in the lease, you agreed to it, and the landlord wants to enforce it, then you'll need to comply or accept the ramifications.


Title: [OK] University Meal Plan Exemption -- Doctors Note

Question:
[OK] University (private) requires students to be on a meal plan. I have a doctors note saying it would be best for my health if I were exempt from the meal plan and cooking for myself. Do I have any recourse if they deny my application, even with a note from a board licensed physician?

I have plenty of other reasons for being off the meal plan. The cost averages about $11 a meal. The food is terrible. I seriously question the quality of the food and the methods used to prepare it. The mess hall closes at 7 pm, which sometimes interferes with work. I would save about $4k over the course of next school year by getting off the plan.

My real question is, can they refute the doctors note? Can they ask specifics about why the doctor wrote me a note?

Answer: They can respond, "feel free to cook for yourself.  We still require you to pay for it."


Title: Right to Food in the Workplace or School [US]

Question:
I'm a college student (Nevada), and in the last month, the Dean of the Engineering Department removed the microwave in what we call the Great Hall. The Great Hall is simply a large room with some tables and chairs.

I talked to our fantastic administrative assistant for the department, and she has been harassing him to get our microwave back coming up on 4 weeks now. According to her, the reason the Dean gave for removing the microwave was that "the Great Hall was originally intended as a study room, not a break room." I find this excuse to be nonsense, and here is why:

- all of the tables wobble, making them terrible to write on
- the number of tables doesn't take advantage of the space, which could provide work area for more students
- the temperature is always either freezing cold(typically in the summer, we are all in t-shirts) or sweltering hot(typically in winter when everyone is wearing warm clothes), the department is well aware of this
- there is a tv hanging in the corner that loops through "informational displays", which sometimes have audio, which causes regular intervals of disruption
- they regularly invade the space with low attendance presentations; one of my professors has had no issue getting a different, bigger room for us take exams in, the department can no doubt find a room for theses presentations
- organizations, such as AIAA, can reserve the room for any date and period of time (ahead of time of course); this means that this so called "study room" could be unavailable during high population times such as midterms for example; there is no advanced warning, only a sign posted on the door the day of, sometimes only a couple of hours ahead.
- adequate nourishment is vital to both physical and mental performance

Of course faculty have their own department microwaves, some with personal microwaves in their office. The microwave is extremely important in as such it provides the means for students to be frugal with food cost, healthy eating, environmentally friendly through the use of reusable containers, appropriate food portions as the student sees fit, and so on. I personally am on campus 8hrs multiple times a week, and therefore require a decent meal that costs less, is healthy, and of larger quantity than the available food for purchase. I am far from alone in the missing microwave concern.

I will be addressing my concerns with the Dean directly. Which would be the best approach, in writing or in person?

If this doesn't go well (I don't expect it to), what else can I do? Is there any labor laws I can search for that provides protections? While I realize I am not an employee, I am subject to the same conditions as if I were, and believe I have the right to provide myself with adequate and healthy sustenance. I may be able to represent this to the Dean to add weight to my argument. Should I follow through to positions outside of the department, and if so who?

Answer:
 This isn't a legal issue.  This is a school policy issue.

You can complain to the dean's boss, which is probably the president.Answer #2: You have no legal grounds to demand a microwave in that space. Ask nicely, and see where it gets you.


Title: [California] I was rear ended. The at-fault driver was an international traveler driving a rental car. Who's responsible for paying damages?

Question:
In early April, I was rear-ended on the freeway. It was a three car accident: a rental car rear ended a black Subaru, which rear ended me in turn. Everyone's in agreement that the rental car driver is at fault. The driver is a Canadian citizen with a valid Ontario driver's license. The damage appears to be body work only; I'm guessing the entire rear bumper will have to be replaced.

Seems simple enough, but there are a number of pieces to this that make it too complicated for me to figure out properly:

* My insurance coverage includes liability (required by law) and comprehensive (if a tree falls on my car while it's parked, for example), but not collision (paying for collision damages to my car, regardless of who's at fault). This means they will not front the money for repairs to my car.
* They were more than happy to handle getting money for damages from the at-fault party. However, the rental car company is a hole-in-the-wall place near a major airport, so it took weeks to get in contact with the correct person. Once they got in touch, they realized the insurance company paying for damages to the rental car was not based in the US (makes sense, given the driver was Canadian). They won't call out of the country to get money from an international insurer. Over a month after the accident, they contact me, tell me what they found out, and tell me they consider the claim closed. I'm on my own.
* I contacted the international insurer, and it turned out to be the credit card insurance for the at-fault driver. They paid damages to the rental car company, but their coverage has nothing to do with liability for other drivers in the accident. No help there.
* My insurance company says that the driver is probably responsible, but he says the rental car company is responsible, since they're required by law to have liability insurance. I don't think he paid for any additional insurance when he rented the car.

I've already gotten back in touch with the at-fault driver to clarify a bunch of information, including whether or not liability was mentioned in his rental car contract, or if his own auto insurance might cover rental car related accidents. But even once I have that information, I have no idea what direction to take this. And if it ends up being the driver who owes me, what should I do if he refuses to pay? How does that work if he lives in Ontario, Canada and the accident happened in California?

**TL;DR**: I was rear ended in California. The at-fault driver was from Canada, driving a rental car. He didn't buy rental insurance through the car rental company, but his credit card insurance paid damages to the rental car company. I don't have full coverage for my car, so my insurance company won't front the money for my repairs, and they won't contact anyone internationally to clear this up. Who's legally responsible for paying damages here?

**Edit:** Added a word to clarify

**Edit 2:** I should add that I was silly and didn't have the police write up a report on the incident. Might have helped. I do have lots of documentation for everything else, though.

**Edit 3:** This just got even more interesting. I just got an email back from the at-fault driver, and it turns out he's a practicing lawyer in Ontario. It turns out the car rental company is suing him for damages to the car, and he's counter-suing for something related to the credit cards involved. He also had this to say:

> In California, the owner of the car ([rental car company]) is required to maintain secondary liability coverage of at least $5K for property damage.  If they sell "insurance" to the driver, it just means that they can't go after the driver for reimbursement if they have to make a claim.  But in any case, the secondary insurance on the rental car is [rental car company]'s insurance, not the driver's.

He then goes on to say that my options are:

* Get the rental car company to pay for it (might have to threaten to sue to get anywhere with it)
* Wait and see what happens with the lawsuits between the company and the driver (not sure how this would help)
* He offered to pay out a settlement as a kind gesture, which I'm sure would be well below the cost to replace the bumper
* He says I could decide to sue him for the entire cost of replacing the bumper, which would probably be a hellish experience
Topic:
Insurance

Answer:
 >Who's legally responsible for paying damages here?

The at-fault driver.

This is going to be a gigantic pain if the other driver is uncooperative.  I don't mean to rub salt in the wound, but this is why foregoing collision is a bad idea unless your car is worth less than $1000 or so.

California will probably have jurisdiction over the case, but it's going to be time consuming and expensive to deal with a foreign defendant, not to mention collecting a judgment from one.  Honestly I don't see how you do this on your own, and a lawyer won't take a case like this on a contingency basis.  I'd get a consultation and see if you can get more information about what the steps are, but it may turn out that it isn't worth pursuing.


Title: My gf rear-ended a 2017 Porsche 718 Cayman S, how fucked up are we?

Question:
So my girlfriend was distracted while driving and did not notice the red light, so we accidentally hit the Porsche at about 5mph.

Here is the damage: [https://imgur.com/a/sU1aHv0](https://imgur.com/a/sU1aHv0)

We exchanged the insurance info with the owner. My gf's insurance plan is a family plan from Allstate. This happened in Dallas, Texas.

What is the worst case in this situation, and should we worry about the repair cost?
Topic:
Traffic and Parking

Answer:
 She has insurance, so she is zero percent fucked assuming she has decent coverage.Answer #2: Do you have insurance? Is it reasonable or state minimum garbage?Answer #3: The insurance company will pay out up to the policy limits and then she will owe whatever amount is left over after that.

Increasing coverage is not very expensive- if your amount is low, you can probably double it or more for less than $20 a month.


Title: What would keep me from racking up a huge credit card balance right before I die?

Question: Knowing that I had a week or so left, what’s to stop me from maxing out all of my credit cards and using them to buy expensive stuff for my family? I don’t think my heirs would be legally required to repay the debt, and could enjoy thousands of dollars of free stuff after I die, provided I gift it to them before I pass. Would there be any downsides to that?

Answer:
 >I don’t think my heirs would be legally required to repay the debt, and could enjoy thousands of dollars of free stuff after I die, provided I gift it to them before I pass

The biggest catch here is that your estate would still be responsible for the debt, and your heirs only get what's left over from your estate after your debts are settled. So say you have $100,000 worth of net assets (home equity, savings, etc...), know you don't have much time left, and run up $20,000 in credit card bills maxing out your cards to buy expensive gifts for your family. You die, and your estate is left with $20,000 in bills to pay and $80,000 to distribute to your heirs. It would have been just as easy to not run up the credit card bills at all.

It's surely possible to end up with a negative net worth, where there's nothing left for your heirs and not enough money in your estate to pay off all the debts, but that will probably only get you so far: credit card companies generally aim to avoid giving large credit limits to people unlikely to be able to pay back their debts, and serious efforts to hurry that process along by running up large debts while simultaneously giving all your assets away just before death is the sort of egregious fraud that lenders might pursue.

There could also be some situations where your heirs owe the debt directly, such as if your spouse is jointly responsible for the debt or, as derspiny notes, you act so egregiously that the lender starts looking at going after your relatives for the fraudulent transfer.


Title: [HELP] Dog's Previous Owner Is Demanding His Return -- Minnesota

Question:
Hey all.
I'm 22 and live in the Twin Cities in MN.
Going to refer to my Roommate as E and her friend who owns (used to own?) our dog as K.
[Also, obligatory fluffybutt picture: http://tinyurl.com/zy6sq6g ]

Back in September my roommate's friend (K) left her dog with our household because K no longer had the means to take care of him. The deal was that she would keep paying for the health insurance, buy food about once a month, pay the pet deposit on our house, and cover emergency vet bills. We didn't have the money at the time to take care of him, but we had the space and enough people, so it seemed like a good compromise.

K lives in the TC area as well, and as a friend of the household she was totally welcome to come visit her dog and take him on walks and stuff, but except for one time when she came to leave a dozen big boxes in our basement, hasn't come by at all.

The dog is a sweetheart, but has really bad separation anxiety because K and her ex-boyfriend mistreated him, and he's been abandoned once already. When we got him he was barely house trained, it seemed because he was used to not being let outside to do his business. After a few weeks of routinely letting him outside first thing in the morning, after work, before dinner, before bed + on random smoke breaks, he doesn't ever go potty in the house. So he's doing really well now.

Anyways, about three weeks ago he got into some chocolate in the trash and ended up having to go to the Dog-ER, which was $300. My E called K up to let her know and ask her to pay us back when she had a chance. Earlier this week (thursday or friday) my roommate messaged K again to be like "Hey, its been 2-3 weeks and I kind of need the money for that ER visit, since you said you'd pay for it." Yesterday (saturday) K starts freaking out, demands to know when she can come get the dog (despite not having anywhere for him to stay) and when E tells her to calm down and think rationally, calls E's mom repeatedly at 8am, starts harassing her, starts harassing mutual friends of theirs etc etc.

We're really not sure what to do at this point. We love our little pint-sized fuzzball, and don't want to see him go, especially not to a bad home.
I think the one thing that might work really well in our favor is that the dog is registered under both K's name (original owner) AND E's name. And E is the primary care-giver.

Any suggestions of how to go about dealing with K? Do we take her to small-claims court? Do we call the cops? Do we need an attorney?
Thanks,
- M
Topic:
Other Civil Matters

Answer:
 > We're really not sure what to do at this point.

You can't unilaterally take the woman's dog just because you want it.  There was(based on your narrative) no intent to transfer the dog; she asked you to take care of it *temporarily*, while she continued to pay the bills.  By any read of the situation, she retains ownership of the dog.

If you don't return the dog, she could sue you for the dog or the value.  You would likely lose.  The co-title thing is helpful, but given the prior agreement to take care of the dog temporarily it's clear that you all agreed that it was K's dog.


Title: (Michigan) Boss gave me a company credit card and gave my SSN to card issuer. Can he do that?

Question: When the bank told me they had my SSN I canceled the card.  This is the second company that has handed my information to card issuers.  Although the card is in the companies name, could they hold me liable for purchases?

Answer:
 Yes. If they are outside the scope of what you were asked to purchase. And the company you work for can give out your SSN to a card company if you are an authorized user. THEY HAVE TO!

Good luck explaining to your boss why you cancelled the card.

Edit: Authorized not authorizes


Title: Do I have an ADA reasonable accommodation case?

Question:
Hey there. It's my first time posting so I apologize if I mess up but I'm in desperate need of advice.

So I have had epilepsy my entire life. Currently, I have an app on my phone that tracks my pulse and body movements all day and alerts my parents and a close friend if I'm having a seizure. Every so often I have to check in with the app by giving it my thumbprint and basically saying "I'm okay". I have never ever had any problems with any job doing this. However, I am currently hostessing at a restaurant and my manager saw my phone in my back pocket and took it from me. When I explained my situation and asked for my phone back (you know, in case I start convulsing on the floor) he refused. He wrote me up and told me that if I had my phone on my person again I would be terminated, regardless of medical need.

So my question is, what steps should I take to a) prevent this from happening again and b) indicating that I feel I was wrongfully written up?

I'm in Chicago, if that helps.

Thanks in advance!

Answer:
 If you start convulsing on your floor, your colleagues will call 911.

Epilepsy is something that allows you to ask for reasonable accommodations, but you need to ask for that accommodation and explain the need to your employer. Moreover, this does not sound to me like a reasonable accomodation. Namely, this does not "enable a qualified individual with a disability to perform the essential functions of that position" or "enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities".

However, if you believe that you can articulate a concern, and describe a reasonable accommodation that resolves that concern, then your employer must at least take you seriously. They aren't required to accept the accommodation /you/ propose, they can propose one of their own that also works. For example, they might suggest that you provide emergency contact information that will be kept on file in the event of a seizure.


Title: [WA] When receiving mail addressed to former residents of my home, what are my legal rights/responsibilities?

Question: I occasionally receive mail at my home for people who have not lived there for a very long time. Am I legally required to make an attempt to forward this mail to the intended recipient (or take it to the post office and let them do so)? I assume that I'm not allowed to open or read it, but am I allowed to destroy it?

Answer: I had a similar problem once where I was getting 30 pieces of mail a day that didn't belong to me.  I went to the post office and they told me to put a sticker in my mailbox that says effectively 'only accepting mail for (my name)'  and the carrier will RTS everything.  This might have only been a local solution or I had a nice carrier but it may be a potential for you as well.


Title: (ARIZONA) I know a family that is homeschooled, however they never receive an education. Is this legal?

Question: Says in title worried about the kid’s future.

Answer:
 Every state is different on what they consider acceptable for home schooling, but if absolutely no education is occurring, you can call CPS. Educational neglect is neglect.Answer #2: You can report it to cps any time you genuinely feel kids are being neglected and educational neglect is part of that.

Its common for homeschoolers not to follow a traditional teaching model but the kid is still learning so I'd make sure that's not what's happening. Homeschooling younger kids often looks like play.

If they have a 10 year old who can't read or doarithmetic or recognize countries on a map, then that's a really big red flag.Answer #3: [Here](https://www.azleg.gov/viewdocument/?docName=http://www.azleg.gov/ars/15/00802.htm) is AZ's statute on compulsory education and homeschooling. There are some exemptions to homeschool requirements and the level of education mandated does not follow the k-12 standard the same way.

Essentially this is, as in many states, considered an "unaccredited private school" by the state. There are very few regulations in place for the education provided in such a situation.

If you believe neglect is taking place you can contact CPS.Answer #4: My number one question is 'What proof do you have that they aren't getting an education?'


Title: Landlord keeps giving me late fees

Question:
Hi! I hope this is the correct place to post this. If not, I am sorry.

In the last months my landlord keeps giving me late fees saying that he has not received my checks for rent.

However, I have sent them on time every single time. They haven't been cashed, but how do I know he doesn't just tell me he didn't receive them on time so that he he can give me late fees and earn more money?
The problem is that he forces me to mail my checks to his office, I have offered that I come in and give them in person, but he refuses this. Neither can I pay online etc. This is the only way, he says.
Sure checks could have got lost in the mail multiple times, but it seems weird to me that I should be punished for this when he does not provide a reliable way to give him the payments.
Further he does not send out a warning that he hasn't received the check before the payment period ends, and he does not give me any receipts. He simply just puts a late fee on to the next rent.

These late fees really complicates my life situation as I do not make much money.

I pay with personal checks, if thats of any importance.

I want to tell him that I won't pay these late fees as he doesn't provide me a reliable way for me to give it to him. But Im afraid the that will just increase the late fees and I will eventually have to pay them? What can I do? And what am I allowed to do?

Thankful for any answer.

&#x200B;

Answer: You can mail them certified mail return receipt


Title: Mother in law hit by a car as a pedestrian in Florida and passed away, what should our family do?

Question: My mother in law was vacationing in Florida with friends when she was struck by a car while crossing the street in a crosswalk.  Her injuries were very severe and she later passed away after being taken off the ventilator.  The other driver was 80 years old and was charged with careless driving.  What should my wife and her family be doing at this point? We live in Indiana and have never been through this so we're at a loss on what to do.

Answer: Take a breath - this can be extremely taxing and traumatic. Legally your family certainly has a right to pursue a wrongful death claim against the driver. You would want a Florida based attorney to assist you with that. Do brace yourself for the real facts that damages may not be as high as you're expecting and that Florida's asset protection laws are such that recovery may be challenging. Don't make any real decisions until you speak with at least 3-4 attorneys.


Title: Car Loan Bank is threatening to sue even though the car is no longer in my possession for over 3 years

Question:
To give some background, this is more advice for my father and not to me. I just know the general idea on what has and is happening. Obviously some names are changed for the protection of my family and I'm typing on mobile so sorry for the crappy format.

To start off, my father bought my mother a Lexus about 5 years ago, and by bought, I mean getting loan. Everything was going well with payments until a family emergency that kinda drained everyone's account clean. My dad tried to make payments, but he couldn't keep up and just decided to give up on the vehicle, he called the loan bank and explained. Everything was good and he called a towing company as requested from the bank to pick up the car and the loan would be drop.

Fast forward a year later, my dad is getting mail from the bank asking for some information about the Lexus and if has been in a car accident etc etc. He already suspected something fishy and stopped responding to letters. Now, the Lexus was very well-kept and was not in any term of accident minor or major.

The letters has continued on and off ever since 2016 and it kinda just was like finding a turd on the grass; you known their is gonna be poop on the grassbut you can't really do anything about it except clean it up and carry on. Well about 3 months ago, they started spamming the house with letters demanding to give them money and even sent it to collections to try to settle it for significantly cheaper. That was a huge alert to him, so he called them and they basically said pay it or get sued it.

Now during this whole time, he hasn't know what the reason is for, he did everything he was suppose to do in this situation, he is very concerned since he finally fixed his credit to be good and didn't want to spend more money to lawyers, which is another story. Any advice would be appreciated, like I said I don't know too much of the specifics, but I can ask when I am home.

Answer:
 Giving up the vehicle doesn't relieve him of the loan. He's still liable for his loan. If he took out a $20K loan, and the repossessed vehicle only sold for $10K at auction, then he still owes $10K. You can't just give back a vehicle and expect the loan to be relieved.Answer #2: > Everything was good and he called a towing company as requested from the bank to pick up the car and the loan would be drop.

No... that's not how it works at all. When a vehicle is repossessed, even voluntarily, it's sold at auction and the sale is applied to the loan balance which now includes the tow fee.  He still owes whatever is left on this loan balance. It's likely the vehicle was underwater i.e. the loan balance was greater than what it was worth.

> he did everything he was suppose to do in this situation

No not really. He didn't make the loan payments he promised to make.


Title: [California] Employee on leave for over a year from injury at other job

Question:
Hello. I have an employee (Jack) that's been on leave for over a year now. It's a really small retail shop and employees work by themselves, a lot of standing and walking, picking things up. He had a 2nd part time job that he got injured at and he's in a big workman's comp/injury waiting game with the other job.

  For the past year+ they were paying him workmans comp for his loss wages at my business. I believe they still are, I'm not sure because he hardly answers my messages anymore. Last time I spoke to him (about 5 months ago) he pretty much said he can't come back until his injury is fixed, per workmans comp doctors (I don't have a sedentary office position for him).

  We didn't file paperwork that he has separated and is considered an employee still. I did take him off payroll since he wasn't being paid, there's a small fee to keep people on payroll, I can add him back anytime. I am just trying to save as much as money as possible.

  There was some gossip that got back to me that he was bad mouthing me to his employees (because I didn't congratulate him publicly on Instagram for something he did, but I texted him privately) which I'm trying not to take personally because I felt as though I've been really understanding with his situation, it's just very weird overall.

  I guess I'm just not sure what I should do. Just leave things as they are with him as an employee? Or do I file paper work for separation? He's in our private employee facebook group, doesn't engage but sees the posts and knows a lot of the business related information that is going on.

  I suppose my concern is the cost of my own insurance/workmans comp to have him listed. He gave back his keys about 7 months ago and it seems like he doesn't want to be an employee for me anymore but he likes collecting the checks through his other job's workmans comp (which he also hasn't been working at). Thank you for your time.
Topic:
Employment Law

Answer:
 Your first step is to contact him and ask him if he has any plans to return. If there is no answer then you need to send a return receipt, certified letter, telling him he's being terminated.

Do not offer anything to him, like the ability to return or such. Just a simple statement, "effective mm/dd/yyyy, you will no longer be an employee of XYZ Company." That's it.

You don't want to give anyone any leverage to come back and throw your words at you. Then you'll have to wait and see what he says.


Title: (NY) Employer telling pregnant women they aren't allowed wear protective masks in Emergency Room.

Question:
Hello /r/LegalAdvice

I work for a pretty major health system on Long Island, New York, and our department was just taken over by United Healthgroup, so we aren't dealing with small time guys here.

Basically, I work with two females in an emergency room, we go room to room to room, and interact with over 50 patients every day. My two pregnant co-workers wear protective masks, because, it's an emergency room, and we don't know what we're walking in to every time.

My employer told them they are not allowed to wear the masks because "it portrays them" in a bad way to the patients. These two women are 7 months pregnant, you can tell they're pregnant.

Nowhere does it say anywhere in our contracts or code of conduct that we aren't allowed to wear protective masks, in fact, sometimes it's necessary. But they're obviously doing it to protect themselves from getting them and their baby sick. One of them even got the flu last year, after never having the flu before, because of the ER.

Can they legally tell two pregnant workers not to wear protective masks in an emergency room, which clearly endangers their unborn children? How would this look to the news networks?

"Major Health System Refuses to Allow Pregnant Women to Wear Masks in Emergency Room"? I just don't see how this isn't discriminatory.

Any questions, please feel free to ask. Major meeting tomorrow with HR.

Answer:
 >"Major Health System Refuses to Allow Pregnant Women to Wear Masks in Emergency Room"? I just don't see how this isn't discriminatory.

Well your employer is actually saying that no one in that position should be wearing masks in the ER.  That's the reality of the situation.  And what kind of masks are we even talking about here?

>Can they legally tell two pregnant workers not to wear protective masks in an emergency room, which clearly endangers their unborn children?

It's a stretch to say it "clearly" endangers the unborn children.  Relax with the hyperbole.  If that is the employer's policy, then these two should get Dr's notes saying the mask is necessary for them right now, and then seek proper accommodations for that.

 >How would this look to the news networks?

Wouldn't care, and it's a damn good way to get fired.

Why don't you all holster the guns until you see what results from the HR meeting?

Answer #2: It is generally legal to create a blanket rule that masks are not to be worn unless there is a known danger - or at least there is no law that would prohibit such a rule.  And the system's reason makes some degree of sense.

If there is a legitimate health concern, the pregnant women can have their OB/GYN write a statement that she recommends masks be work for specific medical reasons and these women and request an accommodation.


Title: My company failed to meet payroll intermittently over two months and then finally went under this week. Still haven't been paid. What can I do?

Question:
This might be a bit long, so my apologies. I was hired over a couple years ago at a small tech startup in Chicago as an "at will" employee. Basically, I could leave at will and they could let me go at will. Over those two years, it was pretty standard start up life: ebbs and flows. However, I *always* got paid, no matter what the company performance was that quarter. Pretty normal.

Then, two months ago, we learned that we had been in acquisition talks with a much larger, multi billion dollar company. That deal fell through and as a result, we ran out of money. I'm not sure why our CEO and COO didn't plan for that result, but they said we were out of funds and would not be receiving payroll that period (biweekly).

We were told that this was not the end of the company and that there were other interested parties in acquiring (funding) us. We were encouraged to ride out this bumpy transition. I decided to stick through it, partly because of the time and effort I had put into the project.

Well, three pay periods went by without a check. However, a company was interested in buying us and things started to look up. We even got reimbursed for the missed pay periods--although, some benefits and taxes had been screwed up so the checks weren't exactly as they normally had been.

In any case, I was happy to get paid again.

...and then we missed the next pay period. The acquisition started looking dubious and many people, including myself, started working minimal hours or not at all. We were assured over and over again that things were looking good.

Things were not good. We received notification the other day that the deal was not going through and that our company would be going under.

It seems to me that my contract was obviously violated, since I was not paid several times despite still being employed. We have been told (without a timeline) that we will receive back pay, however, I feel like I should be taking action, especially since I've had to dip into personal savings and miss credit card payments to make ends meet during this period. Any advice?

tl;dr: company didn't pay me several times and then subsequently is going out of business. What can I do?

Answer:
 If you haven't already put in a [wage claim](https://www2.illinois.gov/idol/FAQs/Pages/Wage-Claims-Process-FAQ.aspx), do so immediately. It's your best shot at getting anything out of their bankruptcy.

Beyond that, file for unemployment and look for another job. If your contract controls termination, additionally speak to an attorney about whether it's worth suing for breach, but if the company's out of money it may be a waste of your time.Answer #2: Are they just closing up shop, or are they claiming insolvency?

If they are closing up, you can file a wage claim with your respective DOL (Illinois Dept of Labor)

If they are claiming bankruptcy, you can add yourself to the list of debts owed by the company, and you will be high up on the list, but whatever assets they have will be split up and it is usually not a lot.  And it takes a while.


Title: Is it legal in Austin, Texas to require a server to pay a % of your sales to tip out to other employees?

Question:
The restaurant I work at requires me to tip out 4% of my sales to other positions in the restaurant such as bartender, busser, food expediter, etc.  However, my issue is that when I am closing the restaurant, the managers have cut most of those positions hours before I'm done, so I find myself doing a lot of the work that I am paying a tip out for.  I feel this does not seem right and could possibly not even be legal.  I don't mind paying the tip out when I am getting the help that I am tipping out for, but if I'm bussing my own tables and setting up my own food and running it, I don't feel that is right.  Can anyone point me towards a state or city statute that states the money I get in tips is mine and mine alone to decide how to allocate?
Topic:
Labor Law

Answer: This is very common in the industry, and there is likely no local statute against it. If you have a problem with paying other people that are not there or not doing any work, that's something you just need to bring up with management.


Title: [WI] My brother was charged with possession of heroin and I need advice

Question: My brother was caught in possession of heroin. He was seen by police purchasing the heroin and while driving away was pulled over and searched. It is a felony for any amount up to 3 grams in which he had under that for personal use. Since being charged, he spent 3 days in jail and was released via bond. He has since completed  an inpatient treatment program an intends to do an outpatient treatment program. Is there any possible way to work with his public defender(can't afford a lawyer) and the state to get the "felony" dropped?  He doesn't need a felony charge or prison time . as is the case with most addicts. He needs treatment and that is the path he is finally on. Any advice is appreciated.

Answer: Your brother needs to discuss that with his public defender.  They're very good at this exact thing.


Title: Easement battle.

Question:
I purchased a rural Oklahoma property in 2009, I paid the property off in 2011. A few months ago, I considered selling the property and when I went to get a copy of my easement, I discovered I did not have one.

When I called the bank that made the loan, the loan officer informed me that he didn't require a legal easement, because he personally knew the people who owned the property, which my property was accessed from. I also dropped the ball. This was my first real estate purchase, and I did not do my due dilligence.

I asked my neighbors for a legal easement that ran with the property, and handed them one I had drawn up. They took it to their attorney and handed me back an easement, that was only good while I owned the property. The easement they gave me, does not even transfer to my heirs.

Yesterday, my neighbors caught me opening up my gate and asked me about the easement. I told them I was not going to sign it, because it did not run with the property. When I asked them why they would do this, the said it was to protect them. Protect them from me, doing what I wished with my own rural property. They didn't want me putting in a junk yard or putting a rv park in. They said they wanted control over who came and went down their road.

The road in question existed before they purchased the property, and was used to access, was it is now my land. From what I gathered from the abstract, the property was once a large tract, that was cut up and sold to a relative. The road has also been used for well over 15 years, but has only been graveled and fenced for 14.

Where do I stand please?

Edit 1. Location

Edit 2. The property is land locked and the only access is the road I currently use.

Answer:
 The key here is that both parcels were once unified, with one part of the land burdened by a way of ingress and egress to the other part.  This immediately makes me think of an implied easement claim.

Alternatively, if there is no other reasonable way into and away from the property, there may also be an easement by necessity somewhere.

Long story short, you need to see a real property attorney.


Title: Moved out last month, old roommate is saying I still need to pay utilities? (KY)

Question: [deleted]

Answer: You're on the lease. You need to pay *at least* whatever share of rent and utilities that you agreed to pay.


Title: My father used my name and credit to rent an apartment. Racked up $10,000 in debt then left.

Question:
So as for some background, my parents got in a divorce about 2 years ago (due to my father leaving her for another woman) and he ended up getting kick out of the house. He needed somewhere to go and decided to rent an apartment in the same area as to stay close to home for my younger brother. What I did not know at the time was that he had a terrible credit score and signed my name as a co-signer to rent this apartment. He ended up being there for about a year and then closed on it and left to California to live with this woman permanently.

Fast forward a few months and in Sep. of 2017 I got a call from a collecting agency demanding $10,000 be paid for an apartment I lived in. I’m only 19 at the time so I have no idea what’s going on or why this is happening. I decided to look into it and discovered that my father had stopped paying rent and moved out with a $10,000 debt behind him.

I’ve been trying for over a year now to get him to make payments on it and attempt to get my name off and he hasn’t done anything about it. He is an airline pilot and makes close to $200k a year but spends all of his money on lawyer fees, vacations, and alcohol. I’ve had heart-to-hearts, long arguments, and even tried getting his family to help. He even stopped paying for my tuition at school, my phone bill, and my Insurance’s. Nothing is working.

I got my first big boy job at an amazing tech company and have been putting money away for a while now. I haven’t been able to get school loans, credit card increases, places to rent or anything because of this debt so I finally decided to take action and put some money towards it because I do not think my dad ever will.

I am now 21 and today I made a huge payment and brought the total down to $3515.15 but I am basically out of money and it would take another 4 or 5 months to save that money up only to put it back towards a debt I didn’t incur. I only make $14 an hour and am I full time college student as well. I was hoping anyone could point me in the direction of how to pay the rest of this off quickly?

I can’t qualify for any personal loans, my mother can’t help, my dads family is unable to help, I’ve tried to dispute it with no luck, and I just feel so stuck and frustrated. I’ve put so much time and money into this thing and I desperately want it off of my name.

Any advice? Thanks for taking the time to read through all this. Sorry for any grammar or mistakes, I typed this on my phone.

(Was told to post here from r/advice. Thank you for the help)

Answer:
 You can sue your dad.

At the time you discovered it, you could have filed a police report and told the bank and creditors of the identity theft, and probably had this all wiped away.

But since you've been paying it, you've assume the debt and it's now yours. You can still sue your dad though.


Title: change name and change official country of birth?

Question: I know it is possible to change your legal name, but is it also possible to legally change the country you're officially born in?

Answer: I'm sorry Senator Cruz, but you were officially born in Canada, and it will always be that way.


Title: Paying off Girlfriends personal loans

Question:
Good Day legal advice.

My title pretty much sums up my situation.

So I've been with my girlfriend for 2 years now, I've known about her debts for the past year, and I'm now at a stage in our relationship where I think she's the one so im comfortable with paying off her debts for her so that she's no longer paying interest on them.

I'd be getting her to still pay me back (mostly because there is no way she would let me pay them off without paying me back every cent)

Currents debt is $11010 @ 6%p.a

Doing this would save her a lot of money in interest in the long term which is why I'm wanting to do this (this is a fairly large amount of money but I would not be struggling paying this, it would only take a % out of my savings that I never touch anyway).

Of course however, in life nothing is certain and you should always be practical, hence why I would want to have a contract written up with her, what would be the best things to include in this contract in case things ever turned south in our relationship to cover me in law (this would be written up on a piece of paper with both of us signing it, does this change its legality? Would we need witnesses etc?)

Looking for any advice on this.

Live in New Zealand if that helps.
Topic:
Contracts

Answer: Like Tyr_Tyr suggested, the contract just makes it slightly easier for you to win if you have to sue her to enforce it.  If you REALLY want security, then have her give you something of equal value as collateral, and put it in your personal safety deposit box, and have the contract state that she gets it back when she's paid the loan off to you in full.


Title: Alabama. I came home and found a porta-potty in my front yard.

Question:
Repost for location.

&#x200B;

I live in a pretty high-end neiborhood out in the country.  Yesterday I came home to find a porta-potty in my front yard out near the road.  I believe they are going to begin building a house across the street.  It's in the right-of-way for the county but definitely on my property.

&#x200B;

We called the rental company.  They said my address was the one they were given for the drop off.  We asked them to move it but they told us they had to get permission from the people who rented it.  We told them if they don't move it by the end of today, we'd consider it abandoned and move it ourselves (pickup truck and chain).

&#x200B;

Can I get into any legal problem if I move it or, even worse, damage it while attempting to move it?

Answer:
 Even  if you're in the clear to move it, you cannot damage it.  If you can't  move it without damaging it, then you just don't move it and find another  solution.  Just because someone left something somewhere it doesn't  belong doesn't mean it's fair game to damage it, accidentally or on  purpose.  You'd likely be liable for any damage you caused.

The porta-potty may have permission to be located on the  right-of-way/easement.  Finding out whether this is true or not would  likely be step 1 before attempting to move/remove the porta-potty, and even then, it would likely be prudent to inquire as to whether the city/county can move it rather than risking it yourself.


Title: Landlord keeping security deposit because he had to get rid of his illegal extension.

Question: Some context. I'm located on California. We had sublet part of the house against contractual agreement of the lease. The sub-tenant got into a spat and thr neighbor reported the illegal extension. Landlord now wants to keep our entire security deposit because we "cost him his illegal extension."

Answer:
 > Landlord now wants to keep our entire security deposit because we "cost him his illegal extension."

Haha, what a great defense to try to use in front of a judge. That is not a valid reason to keep a deposit. Continue to ask for it, if they refuse sue them. They have no chance of winning as long as their defense is "OP cost me my ILLEGAL extension."


Title: My child teacher posts offensive racists stuff on FB. I want to report it anonymously. Is this report illegal?

Question:
VA

I just want the school board to know what is being posted on her fb page (and one she shares with her husband). The posts are all public. My child is her student and a minority and I am afraid of retaliation.

Answer: There's nothing illegal about reporting your concerns to the school board.


Title: Coworker is trying to screw me over now that he has leverage

Question:
My coworker helped me out by signing a lease agreement with me since I couldn't quite get this trailer on my own so I had to have someone cosign with me. Well, he did. I am supposed to help him get a loan for him to get his license back from the state for child support. Well, at first it started out as a grand. Then the other day, he is asking for 8k and trying to weasel his way up to more with the constant reasoning of "look at how you are gonna be paying 650 for rent a month, that's like a loan right there and my name is stuck on it for the next year. $250 a month for me to pay isn't that much. You know you can trust me." I shakily said okay to 5-6k tops as he needs a car too. But now. Now it's every 5 minutes at work that he is asking me "hey man, you got me right?" "We are still doing this, yeah?" And it's normally followed up by  "man, I helped you out big time on that trailer" or some other iterations of 'I'm going to hang this over your head like blackmail'. He even called me like less than 5 hours after I left work at 5 am asking me if we are still doing it and if the trailer got approved yet as I told him I wasn't doing shit til I got approved on that. It's really fishy.

He holds a slightly higher position than me at work and has a really good record at work and is maybe one of like four people the company has rehired after they left. This is a massive company too. The owner can't even keep up with the amount of growth happening as far as equipment or workspace goes. I understand that shows financial reliability, but I don't want to lose my job now because I didn't fork over enough money to him and him snatch the roof out from over my head. Honestly,  I don't even wanna give him more than enough for his license and maybe some change towards getting a car at a 'buy here, pay here' kind of place.

Please help. I have absolutely no clue what to do and I also don't want him to just take the money and leave me with this loan. I want him to have to pay it, I really want it to just come straight out of his paycheck or something if that was somehow possible. I just am tired of people screwing me over.

I'm in Georgia by the way. I am more afraid that he is gonna pull out of the lease that anything.

Answer:
 I wouldn't loan him anything. This is why you don't mix coworkers and you finances.  How do you figure he can get you fired?

If you have all this money to lend did you offer to pay say 6 months of rent in advance? That might have gotten you the lease on your own.


Title: My brother (14) got injured using a woodsplitter, will my mom get in legal trouble?

Question:
We live in CT. My brother (J) was helping split wood by rolling the logs over yesterday. He kept asking over and over if he could use the woodsplitter. My other brother (T, also 14) who is much more careful and follows directions better is allowed to use it, so J thought it was unfair that he had to do all the muscle work while T just throws a log down and pushed a button. My mom gave in and taught J how to use it, gave him big thick gloves and warned him about getting his hands near it.

My mom was supervising him for about 45 minutes, and she ran in the garage to grab a water bottle. The back yard where the splitter is located is 100%  visible from the garage through the window. She told him not to use it until she came back. Less than a minute later he screams.

J had caught his hand in between the wood. T quickly pushed the log out of the way and grabbed him out. My mom was there in seconds and called 911.

He now how quite a few broken bones and some pretty deep cuts in the skin. he got 12 stitches, and luckily no tendons were damaged. Unfortunately he is going to have to get the tip of one of his fingers removed.

My brother isn't very upset about it, he's more happy that he gets to stay home from school for a while. My mom is incredibly distraught, and I'm worried that she might get charged for neglect or something.

I know my brothers, they're kids and they do really stupid things all the time, and as highschool students they shouldn't be required to have 24/7 constant supervision. I'm really upset that he got hurt, but It was his own fault. I know laws about minors tend to be really strict, especially when one gets hurt.

Answer:
 24/7 constant supervision **around heavy machinary** might be a good idea when even you say the child was not reponsible enough to use it.

So if CPS finds out, yeah, it could go in the negative way. Likely not a court removal but still not a positive interaction.


Title: California, license suspended but i don't want to pay the insurance on my non operative car!!!

Question:
My car is financed and i have a few thousand to pay it off. I had a hit and run accident last year which was my fault, Already have a few tickets on my record (i had this car for only 2 years). I go to court next month and im pretty sure the victim will show up leading me to get convicted of misdemeanor hit and run.

If i do get convicted all my tickets plus this will add up to having my license suspended for 6 months. i called my insurance company and asked them how much would i have to pay if i didnt drive the car for that long they said $216 a month! thats ridiculous i want to pay zero dollars for a car im not driving!. my friend said i can unregister it and take it off insurance for those months (after i pay off the car obviously) but he said its not good idea because when i go to register it again with my past record it would be hard for me to find new insurance? What should i do?

Answer:
 Not only could insurance be more expensive when you buy it again, not having insurance is likely a default on your loan that results in repossession or force placed insurance.

You should maintain an insurance policy as required by your loan.


Title: My cousin was suspended for having a weapon on campus...but it was only nail clippers. Is there anyway to get it off his record or undone? (California)

Question:
My cousin was suspended at school this week for what the office said was “having a weapon on campus” and they were just nail clippers they had found on him.
He was called into the office saying they “had something for him” since it was his birthday, where they then searched him looking for a vape they thought he had on him, but a kid with his same who kids had told on for having a vape was the one who had a vape.
They said they were going to expel him but since it was his first time of anything bad, they only suspended him.
Is there any legal action we can take to unsuspend him or get it off his record?

(California)
Topic:
School Related Issues

Answer: I find it hard to believe he was suspended for having nail clippers. Consider the possibility that your cousin is not telling you the truth.


Title: 2yr old snuck out of our apartment while I was napping and dad had left (while I was asleep and didn't know) to quickly run an errand.

Question:
Kansas

Okay, first off, I'd like to say that I feel I'm a really good parent, and I love my two girls so, so much. So this whole situation has me really rattled.

Last Friday, I can home from work dead tired. My husband offered to let me take a nap for a bit so I'd be recharged for an evening with the kids. At this point, my oldest daughter (6) was still at school. My 2 yr old was home, my husband had been watching her that day while I was at work.

So I fell asleep.

Next thing I know, I'm being woken by a police officer in my hallway outside my room trying to wake me up, and asking me questions like, "Is this your child?" In a stupor, I said yes and got up out of bed. He asked for my I.D. and who was supposed to be with my daughter. I told him I was taking a nap while my husband watched her and that I wasn't sure where he was. The officer told me that the apartment managers had seen my daughter wandering around outside my building (We live right next to the office) and had called the police. They recognized her as mine. Then the officer took down my phone number and told me he's making up a case about it and he left. I was still in such a dazed shock, it wasn't till after he left that I broke down in tears and held my baby and thought of all the things that could've happened to her.

When my husband got back, I told him what had happened and that he should have either taken our daughter with him or woken me up and told me he was going out. I was so shaken and so angry.

Now I'm terrified. Are they going to take my baby away from me? Both my kids? Put me in jail? I'm so, so scared. I can't lose my girls.

Please help. Is there anything I should be doing right now? Should I expect the police to be back or a case worker? Will I be brought to charges of negligence? Nothing like this has ever happened before and I have no idea what to expect.

Please, please help.

Answer:
 Did your husband lock the door and your baby unlocked it later? If so, look up locks that bar the door from the top - - some kids are escape artists.

CPS may come around but if you are proactive and taking steps to shore up any deficiencies that should help. Answer #2: I did the same thing to my parents. My brother as well.

Take a deep breath and relax. Kids sometimes wander off. It happens. If you have a clean and safe home with food to eat and a safe bed then you aren't going to lose your kids. They might double check on you, but that's about it.

You aren't a bad mom. You can't control everything. They'll see that things are alright if things are alright.


Title: Was this adoption legal and what are my options?

Question:
My mom had me in California in the 80s. She then left my biological father (no marriage) there and brought me to FL to live with my grandparents. When I was 3 my mom married and the wonderful man wanted to raise me as his own. My biological father was indigent and never knew or gave up his parental rights. My step dad was able to adopt me in the FL courts. Flash forward to 2012, I found unclaimed money in CA that was my biological father's (he died 1988). I went through all the loops to prove he is deceased and that I am his biological daughter. The case worker in CA said that because of FL laws that I was adopted that severed the ties to my biological father and made me ineligible for the unclaimed money. I am not sure the case worker did enough digging. A couple years ago I found a loop hole in FL law that does technically say adopted children do have rights to their biological parents estates. I haven't had a chance to get back into the process of trying to claim the money again but will be soon.

Was it legal for me to adopted when my biological father had no clue?

Is there a resource I can further read about FL adoption laws and rights to estates in other states?

Anything else helpful is appreciated.
Topic:
Custody Divorce and Family

Answer: Chances are yes, it sounds like they would have gone the abandonment route to sever biological father's rights. If your biological father had no contact for a significant time and was unreachable then it was probably legally done. There was likely a time frame where he could have shown up and contested that had long past.


Title: Do I need to take law classes in my undergrad to succeed in law school?

Question: I'm a junior at a top-25 private university. I'm an English major with a perfect major GPA and >3.7 overall. I haven't taken any law classes, although I'm hoping to next year. If I only manage to take one or two, or if I don't take any, do I still have a good chance of getting into law school, provided that I study hard and do well on the LSAT? If I get into law school, will I be severely disadvantaged for not having received a strong legal background in my undergrad?

Answer:
 Not at all. Undergraduate law classes are nothing like law school classes. Law school professors do not expect you to know the law or concepts they are going to teach you.

Take philosophy classes. They teach you how to think correctly.Answer #2: no, although a logic class will totally help on the LSAT


Title: Car accident with an excluded driver

Question:
Hi all. My husband was in a car accident back in late April where he was rear ended by someone driving his mom’s car. We have been trying for months to get them to fix his car (rear bumper needs to be replaced), but we have been getting the run around from them.
Today, we received a letter in the mail saying our claim has been denied as the driver is an excluded driver under their policy.
Does this just mean he had no insurance? I don’t entirely understand because with our policy, anyone driving our vehicle is covered.
Thanks for the help.

Answer:
 Correct. Unless the excluded driver had his own policy, this means the driver is uninsured.

You should file a claim against your own insurance.


Title: I live in Canada and I want to film myself selling grass to high school kids. I will only call it grass and only have grass. Is this legal?

Answer: I would say probably legal but also probably a bad idea


Title: Should I file a police report? Was my card information stolen by these people? Is there any reason for them to need my security code for my debit card? Located in Georgia.

Question:
I went to [Pizza Place] to pick up my order. I handed the clerk my debit card. She said it didn't go through and asked for my security code on the back of the card. I didn't find this unusual until later and told her, thinking nothing of it. Afterwards, alarm bells went off. I realized that businesses DO NOT need that information. Never has any business needed the security code. I then noticed that the other worker was on the phone and had been the entire time. I noticed this when I walked in. He wasn't saying much. He was mumbling. She "tried again" to swipe my card and it still "didn't work." She looked like she was "trying to clarify the numbers" and the guy on the phone was, too, and he was repeating some numbers. I suddenly found it extremely obvious what was going on. He was telling someone on the other end of the line my card info. At least that's what I think. She looked a little nervous when I said that it was weird that it didn't work, because I checked my app just moments before and had money on the card. She said it must be an "Internet issue." I just said I'd pay in cash and was on my way.

The complete realization hit me in the car. I opened up my banking app when I got home, and lo and behold, an unauthorized transaction had showed up already.

Answer: I am a little confused, why did she ask you for the security code? It is printed on the back of the card, she could have gotten it when you handed your card to her.


Title: Banking issue

Question:
Hello all,
   So my friend is in a very unique situation and it is pretty hard to search online for a similar situation. I am here for a some advice in what to tell my friend.

 So my friend's boyfriend took out money out of her account, close to 1,000 dollars. He did this unknowingly to my friends knowledge and my friend called the bank and reported theft on her account and they put all the money back into her account. My friend's boyfriend came to her in the situation and does not have the money but he will have it by Friday.

So my friend doesn't want her boyfriend to get in trouble and at the same time she wants to make sure the bank knows that she is not committing fraud but she wants to wait to Friday to give the money back so her account won't build up overdraft charges.

She is a nervous wreck right now as she is unaware what to do and I feel really bad for her. We live in the State of New Jersey FYI incase some of the laws are different by states.

Edit: I forgot to put that the boyfriend took her debit card from her and that's how he took it without her knowing.

Edit 2: I convinced my friend that she had to right this and she called her bank and told her of the mishap. Now I have to pray that this kid will do the honorable thing and pay her back.

Answer:
 In order for her to shelter herself from the consequences, she's going to have to throw her thief of an ex-boyfriend under the bus. What he did is likely criminal, under [New Jersey's theft statute](http://law.justia.com/codes/new-jersey/2013/title-2c/section-2c-20-3). [Laws related to credit card theft _may_ also apply](http://law.justia.com/codes/new-jersey/2013/title-2c/section-2c-21-6/) - I'm not too familiar with case law relating to whether those apply to debit cards, as well.

Basically, he's fucked. Paying her back won't make what he did any less criminal. Her options are either to accept the $1,000 withdrawal as her own, which will put a stop to the investigation but also mean she's reliant on her thief of an ex-boyfriend to follow through, or to allow the investigation to proceed, which may land her thief of an ex-boyfriend in prison.


Title: [FL] Seriously need advice for unemployment appeal.

Question:
I asked for advice before the appeal and I got no comments :(

But the appeal came and I received no phone call. I assumed the employer dropped the case. A few days later I started receiving mail from lawyers saying they will fight for me due to my unfavorable decision in my unemployment assistance appeal case. I log in and see the appeal went through. I don't know what this means. I don't know why I didn't get a call for the appeal but whatever.

Should I call one of these lawyers to help me? There were a couple things inaccurate in the employers appeal that I think should be said but I don't know how to go about it. First they claimed I worked a month longer than I really did. I have proof this isn't the case. Also, one thing I noticed was I only reported my income from 2014, somehow not including 2015, basically saying I made half of what I really did. Doesn't this actually hurt my unemployment assistance allowance?

Seriously any help, guidance, advice would be great. Thank you!

Answer:
 Back up a second. Did you call the unemployment office and ask why nobody called you? Did they have your correct phone number?

> somehow not including 2015, basically saying I made half of what I really did.

If you filed your claim before June 30 then no wages earned in 2015 matter. Your benefit amount is determined by the highest quarter in the look back period.


Title: [MI] I was just rear-ended at an intersection. I have pl/pd insurance. Is there anything I can do?

Question:
I just switched to pl/pd over the summer. My car is drive-able, but there is enough damage to total it.

I spoke to the officer and he said that the most I could hope for is to file a tort and the max I could get is $500, but he suggested that I talk to a lawyer to see if there is anything else that can be done. The car that hit me was a business cargo van if that makes any difference. I was considering talking to the business manager to see if they can do anything to help so that I can avoid going through legal channels, but I don't know if that's my best option.
Topic:
Traffic and Parking

Answer:
 I have no idea what that officer means by the "max" you could get is $500. That makes no sense. If he was referring to the mini-tort statute that is still wrong as the max is $1000.

You were rearended here, so what matters is the insurance coverage of the individual who hit you. You should speak to their insurance company about getting this settled. If the settlement is not in your favor you will have to sue them for the value of the damage or the value of the vehicle if it is totaled.


Title: Is it worth pursuing a false imprisonment case against the state? (WI, USA)

Question:
I was wondering if this is a false imprisonment case worth pursuing (against the state). I'll give you the basics. A warrant was filed for my arrest for failure to appear to jail. This was in regards to a closed felony case I was already convicted on a couple years prior. My jail sentence was to serve 60 days for every year of probation. My initial probation length is 5 years. I had already served my first 60-day term, and I have until March 5th, 2016 (which marks two years of probation) to serve my second 60-day sentence.

I was arrested at my home on November 17th because of that warrant (filed that day or the previous one) and I was just released yesterday on December 5th. They admitted that they made a mistake and that I didn't need to report to jail until January 7th. They agreed that my judgement of conviction reflected that when the warrant was issued.  They said that the County Clerk of Courts made a mistake and never should have processed the warrant and I shouldn't have been arrested/brought into jail.

All in all, they kept me in jail for 18 days. I went through significant emotional and other damages. The first year I served my sentence, they told me I was allowed to take my prescribed medications and they did; they dispensed one of my medications in jail and allowed me to take my other medication outside of the jail while I was on work release. I have been prescribed Lexapro 20mg and Methadone 90mg for over four years (Lexapro for almost seven). Both of these medications are normally tapered due to severe withdrawal symptoms.

Upon intake to the county jail on November 17th, I was told that they had made a mistake the year prior by approving my prescribed methadone for my use during my 60-day sentence. They cut me off of my methadone cold turkey. They also refused to dispense my Lexapro without providing a reason, until December 2nd when they started giving me half my prescribed dose. I brought both the lexapro and Methadone prescriptions in their original packaging. I am still experiencing withdrawals that I may have otherwise been able to avoid by tapering prior to my stay.

Well, that's the gist of it. Just wondering if it's worth opening a case on (i.e. does it have clear legal ground to stand on). I'm also wondering what a case against the state would accomplish and what kind of time limitations I would have in filing a case.

Answer: For you to have a false imprisonment case, it helps to have false imprisonment somewhere in your story.


Title: Albuquerque, NM - Downstairs neighbor's toxic nail adhesive fumes stink up my apartment

Question:
The neighbor below me keeps stinking up my apartment with this toxic-smelling fume that has something to do with either applying fake nails or gel nails. If you don't know what I'm talking about, it's significantly stronger and worse smelling than regular nail polish, and has a harsher chemical smell that smells worse than rubber cement or other adhesives. I mean, it lingers for hours if I don't have every door and window open. This is a problem in winter and summer, when the temperatures are at their extremes.

After poking around a bit in nail salon regulations, there's a huge deal about having proper ventilation. My neighbor below me does *nothing* to ventilate her apartment, so all the fumes come up through the walls or the floor into mine. The regulations I've found mention that this is a toxic and hazardous fume, especially when inhaled on a daily basis.

I've called the apartment management and literally got told "there's nothing in the lease about it, you have to live with it", so I'm thinking my next step would have to be contacting whatever department would be enforcing ventilation regulations. There is no way that our apartments meet those regulations, especially when it's hanging around *my* apartment for hours, sometimes even with all the windows open. The fumes come up strongest in the bathrooms and the water heater closet.

Answer:
 Is your downstairs neighbor a nail salon? Your post is unclear.  If they are a regular person who occasionally does their own nails, I don't think you have an actionable issue.

Edited to add: Obligatory query - any chance she's manufacturing Meth like the most famous fictional denizen of Albuquerque - Walter White?