Title: [US] "Gifted" a friend money for down payment that's never been fully payed back.

Question:
Hello everyone! I'm in a point in my life where several events have left me strapped for money and I'm consolidating cash from every source I can think of. I'm not normally one to dwell on past mistakes, but this has me thinking of a particular hard life lesson of which I'm pretty sure there's no recourse (although I sometimes fantasize of a /r/prorevenege scenario here). However, for the fun of it, I've done my best to put a timeline together here for the bright minds of /r/legaladvice to give me any creative thoughts on pursuing some kind of "justice" and recuperating my long lost Benjamins. Please bear in mind that I **know I made a huge mistake**. I know this is reddit, but I'm not here for the jokes or lectures. I have a strict policy of never involving friends and money together anymore. That being said, here is my story:

**Early 2015:**

My friend, for the purpose of this consultation, I'll call Scott, and I lived together in a rental house with 2 other friends. Scott wants to purchase a home, and I want to move out of the house we live in and into that home as just a tenant. Scott can't afford the down payment to the house, so we make a verbal agreement that I'll give him the money for the down payment (around $4500). In return we will keep track of and deduct my portion of utility bills and the rent rate he set with me for several months until my "credit" of the money I gave him runs out. This is on a shared spreadsheet that we still have on the cloud to this day. I sign a "gift letter" for his lender, as it is a requirement for his loan that it is documented that the money he received for a down payment into his bank account was not given with the expectation of any return. Obviously our arrangement was not something the bank knew about.

**A few months into living in the new house:**

We get a long great. I have a new girlfriend that visits frequently who cooks and does our dishes and stays with me, and he's fine with that. Scott has a dog who he leaves free in the home who frequently chews up items, digs up everything in the garbage cans, and occasionally pees on the rugs or floor. I float the idea of getting a dog of my own, who I have already looked up and basically chosen on an adoption site. Bear in mind we have no paper agreement about our landlord/rental/tenant situation, and no previously agreed upon terms considering pets. Scott tells me that he does not want me to get a pet as he does not want increased chances of furniture/home damage.

I decide and inform Scott that I will be moving out to a new apartment, to respect his dog wishes, as hypocritical as they are, and to allow more space for myself and frequently visiting girlfriend. At this time my "credit" remaining with him is roughly $2400 (and still is to this day). Part of our verbal agreement was that if I moved out sooner than the time the credit would run out due to rent and utility bills, he would reimburse me for the rest (give or take a reasonable amount constituting a vacate notice if I suddenly left unannounced).

Scott informs me that it would be a long time before he would be in a position to afford to start paying me back what he would owe me. I tell him that is fine. I believed he was still getting on his feet after the purchase and move-in expenses, and as soon as he got a roommate, he would make an effort to start reimbursing me.

**Scott does not get a roommate until some time in 2017.** And I learn this new roommate, also his friend, adopts a cat which he does not object to.

**Scott has had this roommate now for approximately one year, has never approached the subject of the money "owed," to me, and has made to attempt to pay it back.** I've had very little interaction with him since.

So this was the last time I will ever involve friends and money together. I also realize signing a "gift letter" with him was a huge mistake. Only because I'm in a period of my life where a lot of expenses are coming up, I wanted to get the perspective of some one with a legal background to see if there are any angles to this situation which could afford me any legal recourse. I may be able to salvage text messages confirming the agreement we made concerning the "gift" of the down payment money from me for an advance on rent and utilities with the expectation of it being paid back if I moved out of his home earlier than the "credit" was used. I may also be able to salvage texts where he voices his disapproval of my adopting a dog, and his implication that at some point he would be in a position and have the intention to start paying me back. I can also prove his new roommate since me has a cat on the property. I can put together all of the pieces of communication/social media to prove my story, and if there is any legal pursuit involving this that doesn't end with a judge deciding the "gift letter" is the one and only truth, or that we committed mortgage fraud, I'd be ecstatic.

Answer:
 He has a document that you signed indicating it was a gift that did not require repayment.

You have learned an expensive lesson.


Title: Can a pharmacist call my doctor and give her my pharmacy records?

Question: I had a Walgreens pharmacist e-mail my doctor a printout of the medications I take and my medication history unprompted and without my permission. Is that legal? She emailed them from Oregon to NYC.

Answer: Yes, it's legal. Your healthcare providers are permitted to share your health information for the purpose of coordinating care.Answer #2: I highly doubt it was completely unprompted. Was there a concern about a medication you were taking or some other issue?


Title: A man found my lost wallet and then demanded money for it's return. What can I do?

Question: [deleted]

Answer:
 You are being extorted. Call the police.Answer #2: Get his information.
Call the cops.Answer #3: Call the police, this makes it theft and extortion.Answer #4: Do you have his information?

Either way, file a police report, if you want the money back file in small claims court.Answer #5: First cancel all credit card numbers and bank accounts, or at least ask the bank what to do. Answer #6: I could see paying for shipping.


Title: A dmv question? They cut up my state ID in front of me?

Question: I’m taking my time when it comes to learning to drive due to PTSD complications. When I got my paper learners permit, they took my state ID and cut it up- telling me I couldn’t have both. Is this true?

Answer: As far as I know ( I’m in Mass) no I have a learning permit and my state ID as well as a Federal ID I never have been told I can’t have both of either Answer #2: There's a reason location matters in this thread.  In Michigan and California you can't have both.  In other states you can. Answer #3: Standard issue in every state I’ve lived in to either hole punch or cut up ids when they’re replaced.


Title: fireworks damage MI

Question:
up late on reddit even though i work early tomorrow because it’s a war zone right now. fireworks are legal in my city (state?) for the day of, before, and after a holiday. so everyone and their brother is having pissing contests of who can damage more property in our small town. here, the houses are close together, so technically no one lives far enough apart to legally light a firework. but tons of people do it and the law enforcement largely looks away.

last fourth of july, one of my asshole neighbors lit mortars that ended up making a mess of the neighborhood. they left their garbage from it in the street, neighbors yards, neighbors backyards, and on rooftops. as a result of their fireworks fun, i had to get a new paint job on part of my car. my home does not have a car port or garage to put my vehicle inside of while neighbors fling burning shit into the sky. my car was as close to the house as it could be, up and away from the street where the fireworks had been lit. but they went so high, i was cleaning up garbage for a week in the backyard. there was no place on my own property where their fireworks were not going to rain down burning distraction.

it cost me $800 to repaint the roof of my car so the burns would not result in areas rusting through. my car wasn’t even paid off yet. they didn’t come forward or apologize. they didn’t even care. he’s the fire captain / chief in my city. so yeah.

this year, there are mortars going off at their house again. but also behind me and at a neighbor’s two down the street. there is so much burning crap falling from the sky... i moved my car to my parents house, in a neighborhood that is less likely to have people behaving so irresponsibly.  but the house is being hit with lots of burning pieces.

if i need repairs to the house or my car in the other neighborhood how am i supposed to come after the people who did it? am i just supposed to keep taking hits to my insurance? surely there’s something else i can do?

Answer:
 I may possibly be wrong, but I think you win the prize for the first firework related post in the sub for today. And it doesn't involve actual personal injury. I call that a win.

Re your actual issue: the problem is going to be which specific idiot caused any damage. Even with a camera it's going to be extremely hard to prove that this was person A rather than person B.

Honestly your best bet (for the future, won't help today) is to go to local council meeting and insist that the police enforce current restrictions. The more people you can gt to go with you, the better. Because the laws currently exist, it just seems no one fears enforcement.


Title: (Michigan, Wayne county) Trailer park threatened to evict us if we keep calling 911/police. What happens if there's an emergency?

Question:
Long story short, I have a sibling who gets into a lot of trouble, runs away a lot, the whole shebang. Otherwise, we're decent tenants!

We're pretty broke so we'd be basically screwed if they kicked us out. What can I do if I get hurt and call an ambulance or something? As somebody with a lot of health problems, this makes me feel very unsafe. I'm hesitant to call anybody for advice like crisis hotlines for advice because I worry that they'll call the police anyway and (make *me*) worry about the consequences later. I went to the hospital recently and I asked a friend to drive me there because I was worried that calling the ambulance would get us evicted.

For the record, the 911 calls aren't "too" frequent. In the last 12 months, I'd say that we've dealt with the police 2-3 times. 5+ years ago, another relative (who has never lived here) started getting violent, we had a fire another time, and my dad (who also has a lot of health problems) had to go to the hospital.

I've heard about DV victims in various states getting punished for this and I don't want to be punished either. :(
Topic:
Landlord Tenant Housing

Answer: If you have to call 911 for a true emergency and they try to evict you then you can try and fight it. But if you don't have a lease they can make you lease. Sounds like they think you are trouble makers and want you gone.


Title: (Louisiana) Is it illegal for a restaurant owner to collect the credit card swipe fee from servers tips?

Question: Example: Square charges the vendor a flat 2.75% per transaction no matter the card. If a server is tipped on a credit card, is it legal for the store owner to remove 2.75% of that tip money only from the actual tipped amount?

Answer:
 As others have said, they can remove the percentage,but from the tipped amount only, not for the total sale.  For example, using round numbers, say there is a $90 bill, with a $10 tip, and a 3% swipe fee.
Legally, the restaurant should give the server at least $9.70.

If, instead, the server receives only $7.00, that would be illegal, even in Louisiana.

Coincidentally, I had to help a friend write a letter to the management at the restaurant where they worked, (a pizza place named for a sex act) it actually got them to stop doing it, but they did not issue refunds for the past improper fee taking, and none of the servers cared enough or had enough spare cash to actually file a lawsuit.  I hope you don't work at the same place and they have started it up again.


Title: My mom’s boss posted her job online without firing her, during her medical leave

Question:
Asking for my mom.

My mom works at a work centre for brain injured people and her boss is just horrible to her.  She recently had to get a doctor’s note so that she could take time off because her boss was stressing her out so much. A few minutes ago she was browsing kijiji to find a new job when she saw a listing for her current job which was posted three hours ago. She has not been notified that she has been fired, and as far as we are aware is is illegal to fire someone for taking medical leave.

Can my mom pursue legal action? What can we do?

Answer: They are probably looking for someone to fill the position temporarily while your Mom is on stress leave. Someone has to pick up the slack.


Title: Amazon promising what they can't deliver

Question: I recently ordered patio furniture that was undeliverable because of how damaged it was in transit- I asked if they could just replace with the same thing and they said they couldn't but that they would refund me and gave me a link to repurchase and stated in writing that they would honor the price I paid for the first one and give me free 1 day shipping. They said they would just refund the extra amount if I sent them my order number. So I reorder - the price was up 200 but they said they would honor my price I paid for. I send them the info and they reply sorry we can't actually do that you have to pay the current price but we'll give you $10 for your trouble. Can they do this?

Answer: Amazon's customer service is superb. I would send them another email with quotes from their emails. I'm sure that if one customer service rep offered you the same price then that's what amazon will give you.Answer #2: You can return it when it arrives for a full refund.Answer #3: So after several more emails each with them just apologizing for the inconvenience I asked for them to cancel the order since I am being given a different deal than what was presented to me and it finally went up a level of customer service and this person stuck to the claim that they don't price match but due to them saying that they would they will be refunding me the difference and to please consider it an isolated an event.


Title: How to avoid getting expelled from school?

Question:
So we have a high school engineering club, and lately attendance has dropped to 8 people per meeting, and people think we are a joke. We are going to get cut if we do not reach 12 members for all the next meetings.

So we made an announcement on our Facebook page that we are going to crack combination locks, the same masterlocks that every student uses on their locker. Essentially we built a motor that just connects to the dial and turns it a certain number of degrees if you start it at the first number and input the code, anen you pull up the shackle normally. This is quite generic, and is literally just attaching a lock to a motor. We hyped everyone up about it, releasing videos and Facebook posts. Almost 30-40 people have expressed interest in coming to the club.

However, if a student uses this to crack locks, administration might blame us for teaching them. How can we avoid all blame? We absolutely need to have this project in some form to keep our club alive. Ideas considered are:

1. Remove the lock from the setup, and only show the motor moving in real life, but a lock in the position as a video. We could say that they learned about the locks not on school grounds, but online.

2. Have each student (all minors) sign a waiver saying they will not use this for bad purposes. However, they are all minors and it may not be legally binding, and we do not know anyone who can write a contract for us.

3. Demo the real thing normally, and say it can be used for all locks not just masterlocks, and should not be used for malintent. Or portray it in an efficiency light, saying it helps you open your locker faster, not break the lock. This could remove specificity from us, saying they applied a broad technique in a specific way, which is not our fault.

Edit: in California.
Topic:
School Related Issues

Answer:
 To be clear, your device does nothing to open locks without a code right? You simply input your locker code and it spins the dial for you?Answer #2: Not legal advice: If you get questions from the school could you spin it as a solution for people with a disability who might have difficulty opening the combination locks the way they're currently designed? If it fills that role then it's an accessibility aid :) Even if it isn't ideal for that, if it could be modified (e.g. bigger keypad) then it's still worth spinning it that way.

It sounds like the person using the motor would still have to know the combination for the lock they're opening. Is that right?


Title: Employee handbook at my place of work demands that women in managerial positions wear makeup. Is this allowed? (Kentucky)

Question:
Hello. I work at a somewhat local restaurant in the greater Cincinnati area, specifically Kentucky. I recently found in our employee handbook that any women who show up to their interview wearing makeup are to wear makeup to work at all times at work. Is this permissible by Kentucky state law?
Topic:
Employment Law

Answer: Yes, it's legal to have a dress code separated by sex.


Title: Is requiring criminal qualifications illegal?

Question: There are allot of jobs that won't hire convicted felons but can they do the opposite? Could a company say that you have to be a convicted felon to get the job or that you have to have committed a specific crime? Would the salary from that job be considered profiting from a crime?

Answer:
 Generally, you can hire someone for no reason or any reason at all. You just can’t discriminate against certain, defined classes of people when hiring. I think that some states even have tax incentives to encourage hiring ex-felons.

Unless you are starting a company called “Breaking and Entering, LLC” and hiring people to steal stuff you’re probably fine.


Title: Two lawmakers have filed a bill called the "Tennessee Natural Marriage Defense Act" which says the SCOTUS ruling on same-sex marriage is completely void? What does this look like legally?

Question:
Besides making my state look like it's full of idiots (well.. it kind of is), what could this bill realistically accomplish?

"Natural marriage between one (1) man and one (1) woman as recognized by the people of Tennessee remains the law in Tennessee, regardless of any court decision to the contrary. Any court decision purporting to strike down natural marriage, including
Obergefell v. Hodges
, 576 U.S. ___ (2015), is unauthoritative, void, and of no effect."

[Here](http://www.scribd.com/doc/281694063/Tennessee-Natural-Marriage-Defense-Act#scribd) is a link to the bill (not a PDF, 8 pages).  It basically says that the SCOTUS doesn't have the authority or power to force Tennessee to allow same sex marriage, that the ruling from SCOTUS is completely void, and that Tennessee will outlaw same sex marriage because God's law trumps (I'm not even kidding).  It also says that any official who refuses to issue same sex marriage licenses shall be free from arrest or fines from any other body.

I don't know much about the legislative process in my state (shame on me, I know).  Is there any chance of this thing actually getting anywhere and "undoing" the SCOTUS ruling?  Any other thoughts on this (other than "How are these the people that are allowed to propose laws?")?

Answer:
 It looks like they are wasting their time.

A state legislature cannot pass an unconstitutional measure.

At least not one that can be acted on legally...


Title: Can someone explain to me my this provision on keeping firearms in my apartment unit

Question:
.  WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNIT; PROVIDED, HOWEVER, THAT NOTHING CONTAINED HEREIN SHALL BE DEEMED TO LIMIT ANY LAWFUL RIGHTS TO CARRY A WEAPON(S) AS PROVIDED BY LOCAL OR STATE LAW"
----------------------------------------------
In Kansas, it is constitutional carry concealed and open. So I could hypothetically carry a rifle or a handgun. The kansas law says private property owners can put up specific state-sanctioned signs that don't allow firearms. If you don't follow the sign it is not illegal, but the property owner has the right to ask you to leave if they want. It seems to contradict itself.

1) Unless I am a prohibited person (which I am not and will not be) Legally I can carry whatever firearm I want. So this "Weapons aren't permitted" would be null and void.

2) From the KS AG "If the building owner wants to ban both open and concealed carry, then each entrance to the
building must be posted with one of the following[sign of no guns]" So that would mean for them to have any say they would need to put the sign in every set of units. And every entrance to the complex.

-----------------------------------------------
Does my thought process seem logical? That I can legally and without breaking the contract have firearms in my unit?

Answer: If your lease says no guns then that means no guns. It wouldn't be illegal for you to have them, but it would be legal for you to be evicted for having them.


Title: Estranged Mother is Embezzling Large Amounts of Assets from my Custodial Account. What can I do? Where do I start?

Question: Hello r/legaladvice. I have a custodial account located in Wisconsin that was established after I was born by another family member to save money for college. Long story short, my mother and I (who both legally reside in Missouri) became estranged because she was abusive. It came to my attention last December (2016) that she has taken tens of thousands of dollars from this custodial account and left me with the taxes. Once this came to light within my family and family friends, we thought she would stop taking money, but she has continued taking money throughout this year making my account valued at a fraction of what it was before she began withdrawals. I have spoken to the IRS about the taxes but I have no idea what to do about the missing money or to stop her from draining the account before I reach the age of majority (21 in Wisconsin). What can I do and where do I start? Thanks!

Answer:
 Which financial institution is the account managed by?  Have you spoken with a rep there?  Or has your family member who opened the account spoken with a representative?

I'm curious to know how your mother has UMTA account access given that you said it was another family member that opened the account - typically only the custodian (i.e., the person who opened the account) can draw from the account until the beneficiary is of age.Answer #2: Short answer, you should speak to an actual Wisconsin lawyer ASAP.  If you're in college, many universities provide free basic legal advice for students.  They might not handle a situation like this, but they'd at least be able to point you in the right direction.Answer #3: A quick google search, plus I live in WI, shows age of majority is 18 in WI.


Title: [North Carolina] Employer sets time clock five minutes fast and threatens punishment for being "late"

Question:
I work as an hourly employee for a small business (pizzeria) in NC and the time clock is set five minutes fast. My research thus far has told me that this practice is illegal, but I've not been able to find an exact answer and the according laws that state this. They are threatening punishment for being "late" when we're actually clocking in within the "five minute early" grace period or on time. Can someone give me an exact answer on this topic, and cite what laws state this as illegal if it is?

Moreso, my concern is them punishing me for being "late" when I'm not, considering they round my time sheet.
Topic:
Business Law

Answer:
 I'm a bit confused.  Are you, or are you not, being paid for the time when you're actually there(regardless of what the clock time is)?

If you're being paid for the time you're there, there's no issue.  It's doesn't matter whether your shift is 9A-5P or 855A-455P; all that really matters is that you're paid for your time.Answer #2: It would be legal for the business to set the time clock to the correct time and to set the starting time for employees at 5 minutes before the hour, correct?


Title: USPS refuses to deliver packages to my apartment complex

Question: [deleted]

Answer:
 This comment is about Amazon specifically.

They have an algorithm for deciding which carrier(s) to use when shipping a given package to a given address. It's quite possible that they can manually enter special rules for certain addresses or address ranges, e.g. "never choose USPS at such and such block." So, you could contact Amazon and tell them that USPS delivery is unavailable in your building. Maybe they'll update their database accordingly.


Title: Texas - From a legal standpoint, is it possible to slander a dog?

Question: I don’t want to go into the situation which spurred this question, but I am just curious. If someone speaks their opinion as though it is fact and degrades a dog’s reputation, is there any protection for the dog from a legal perspective?

Answer: NAL only way I could see it is if you were saying something about pedigree and professional dog breeding was involved and the breeder went after you cause it harmed their business but then its the business being protected not the dog


Title: [MD] Fender bender refuses to be liable and claims to have evidence against me - can I take her to court? I'm not at fault.

Question:
Back on May 18th, I got into a fender bender in which a pickup truck with one of those long carrier trailers attached at the back took a wide turn and scratched the front of my car at a red light. She seemed like an honest person so we agreed to handle this through cash instead of or calling the cops or insurance. We took pictures of her license, vehicle and tag, damages, and her business card. She claimed she didn't have proof of insurance as she was from out of state with a company vehicle - something about insurance through the company (believe it's a small transporting company).

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I was understanding and waited a month for the payment, and today she insisted on paying the repair shop directly. I don't have the availability to take my car to the shop anytime soon and asked for the payment to be made via check to me. Suddenly, she started blaming the accident on me and claims to have video proof and a witness statement. Apparently, she spoke to the auto repair shop I got the quote from and somebody told her it looks like I'm liable. I, on the other hand, have text proof where she says she would be liable and pay for the damages. I'm currently waiting to receive her lawyer's contact information to watch this "footage" - although she's been withholding this information from me for the past couple hours.

&#x200B;

My SO was in the passenger seat when this happened and we are both 100% sure it was her fault. Can we go to court based on everything I have? What would be my next steps?

&#x200B;

Note: I already know I should have called the police and the insurance at the moment to get this dealt with. Appreciate if you refrain from reciting that. I was just trying to be kind to someone that seemed honest.

Answer: I would go to the police station and file an accident report. From there you can get their insurance info and file a claim.


Title: TX- sole proprietor dies

Question:
I sent this email to my accountant and redacted some personal info. Any thoughts from anyone?

“A situation has arisen over the last month that is super unfortunate. The young man that bought our business, (I believe he was also one of your customers) passed away after a really bad car accident.

The business was legally listed as a sole proprietorship, and his father would like to take over the business (We believe the family saw how successful it was in comparison to there current jobs and saw a great opportunity). All of this is great and seems to be the easiest way to transition from a bad situation. They finally got the death certificate and went to the bank (with about 3k in checks to deposit) hoping to be able to access his account and get some things paid, and the bank is essentially freezing them out of anything even though they are next of kin. Do you have any advice for us? The family is of little means so I don’t feel hiring a lawyer is in their best interest. Do you have any experience in a situation like this? All I’m finding online is that when a sole proprietor dies the business dies with him.  Being that the business is completely contingent on service being performed, the service has to continue in order for it to still be a viable business. We also understand though that Christopher is going to have taxes to pay from the “estate”, to which is there is no estate... he didn’t have life insurance as a 24 year old bachelor, nor did he have anything of tangible value. The girl who hit him in the car accident also did not have insurance and she killed another passenger that was in the vehicle. It’s all very complicated and overwhelming for the family as well as us. I feel like it shouldn’t be that complicated though especially if the father wants to keep the business going. What are your thoughts??”

* I posted a question here about a month ago with my original situation that just seems to be evolving*

Answer:
 >All I’m finding online is that when a sole proprietor dies the business dies with him.

Right. There are no shares or membership interests that travel with the estate. The best thing that could happen is that his contracts specify that the benefit of each inure to his successors or heirs. Other than that, the contracts are likely terminated since one party no longer exists.

>We also understand though that Christopher is going to have taxes to pay from the “estate”, to which is there is no estate... he didn’t have life insurance as a 24 year old bachelor, nor did he have anything of tangible value.

There is *always* an estate. Unless he was worth millions, this estate will not pay taxes.

>The girl who hit him in the car accident also did not have insurance and she killed another passenger that was in the vehicle.

His family needs an attorney.


Title: Grounds for lawsuit against Apple?

Question: [deleted]

Answer: More like grounds for a refund.


Title: [WI] Huge Crack in rental foundation, want to remove liability as tenant.

Question:
I'm a student currently living in a rental house that we moved into in August. The basement foundation slab has a huge crack in it that is more than a few inches wide that causes the entire house to have a slight slant. I recently realized that it's possible the landlord will try to put liability on us when we try to move out in August.
What should I do to remove liability? Is it possible to send my landlord a notice of this even though we've already been living there for 6 months? I would also prefer not having to move due to the issue if possible. Any advice is appreciated.
Topic:
Landlord Tenant Housing

Answer:
 You're essentially asking to prove a negative.  It would be the landlord's responsibility to prove that you were liable.  So you're not proving something as much as you are preparing to disprove something later.

Testimony like that of differencemachine that there's no way you could have made that crack is in your favor.  Evidence that the crack existed before your tenancy would obviously be ideal.  But it certainly also makes sense to notify the landlord of the crack as well.

I would present it from a non-confrontational perspective.  As in "we noticed this crack and wanted to make sure you were aware of it" and see what he says.


Title: Able to get a passport with a warrant out?

Question:
I have a simple question. My cousin Joey has a two year old warrant out for his arrest in the U.S, on a marijuana selling charge. He moved to a different state and hasn't dealt with it. Now he's interested in traveling abroad, and he's wondering if the warrant will affect his ability to get a passport.

Any thoughts?

Answer: Joey has got a huge set of cojones to waltz onto an international flight with an outstanding drug warrant.Answer #2: I don't know whether it will have an effect on his ability to get a passport.  It will certainly affect his ability to actually travel.  Customs checks both incoming and outgoing manifests, and they will pull people with warrants off flights.


Title: My Nebraska house was shot at. Several gun shots flew into the bedroom and living room are while we were home. I don't want to live there anymore and I mentally am not capable of it. Can I break the lease?

Question:
I stayed away from the house for a week after the incident, tried to come back and I was a wreck at all times I was in the home. I suffer from major depression and anxiety. I also have a history of PTSD due to gun violence from an incident several years ago. The entire time I was in the house I was having panic attacks and extreme paranoia. For my own mental health and physical safety, there's no way I can live there. This is a decent neighborhood, we researched before we signed a lease. So it's not like we moved somewhere where this is to be expected. Is there any way I can get out of this lease without having to pay a million fees? I also want my deposits back as we hadn't even lived there a full month at the time of the incident. We are in no way at fault for this incident.
Topic:
Landlord Tenant Housing

Answer:
 You may not be at fault for the incident but I doubt your landlord is either.

This is not a reason that you would be allowed to break a lease without penalty. Answer #2: You can speak to your landlord and hope he or she shows compassion.Answer #3: I understand and sympathize. It's reasonable for you not to want to live there any more.

The problem is that your landlord doesn't have any legal duty to give up rent in order to accommodate your need to leave.

The neighborhood is irrelevant.  People living in less safe neighborhoods wouldn't have fewer rights than you do, so ty he fact that this is unexpected where you are doesn't give you a privilege that someone living in Compton or Sacramento's Oak Park would have.  I'm sure you weren't trying to imply that it would, but that's the logical extension of "this is a decent neighborhood..."

Ultimately, from Compton to The Hamptons, landlords have the same right to make money.  They're not required to let you out of a contract because of neighborhood violence (unless the violence is the landlord's fault.)

I'm sorry you have to deal with this, and hope you can work something out with your landlord.


Title: [WA] Can I sue my boyfriend's mom for identity theft?

Question: About a year ago, I switched schools and moved in with my boyfriend and his family. About six months ago, I found a job and needed my mom to send a copy of my social security card in the mail to give to my boss, but I made the mistake of talking about this out loud in front of my boyfriend's mom. The letter containing my SS card and some money, though mailed off, never arrived into my hands. Over the next two months, three credit cards were opened in my name without my knowledge. Upon contacting the companies the cards were opened though, I was given the name of my boyfriend's mom and told that she was the one who opened one of the cards. Judging off this, I assume all three cards were opened by the same person. This is on top of many other horrible and illegal things this woman did to me, but right now this is my main concern. Can I sue this woman for stealing my identity, ruining my credit, and/or stealing my mail (that wasn't the only occasion it happened)?

Answer:
 Stealing your mail is a federal crime. Report her to [USPIS](https://postalinspectors.uspis.gov/).Answer #2: Some folks here are saying OP can't sue because - after properly following ID theft procedures - there are no damages.

I believe the time and effort needed to get a handle on this AND to follow up on numerous repercussions in the future would be considered damages.


Title: How much of a ship has to be built in the United States to be defined as a US built vessel per the Jones Act?

Question: I currently live in Honolulu. I can't find any information and I even called US Coast Guard Law Offices and other forums.

Answer:
 This is why I like this reddit.... sandwiched between (at the time i read this) "Husband is finding men on craigslist" and "Bipolar wife called 911" is a question about the Jones act.

How freaking cool is that?Answer #2: Hey, I don't live in the Us. I enjoyed learning about the Jones Act via your post.
There appears to me recent litigation on this issue: http://www.winston.com/en/maritime-fedwatch/u-s-coast-guard-clarifies-jones-act-vessel-construction.html

If you obtain a copy of the case it may provide some guidance. It should be free online somewhere.


Title: What is Considered Reasonable time in Wisconsin?

Question:
I am moving out of my current apartment July 31, 2019. My apartment manager keeps scheduling showings at 6pm Monday - Saturday even though I have asked her to keep them during business hours. She says she has the legal right to schedule showings at 6pm as long as she gives me notice. I looked up the law in Wisconsin and it states that the landlord must give a 12 notice AND must enter at "reasonable times".

&#x200B;

Any lawyer types know what constitutes as "reasonable times" in the state of WI? Thanks for any help.

Answer:
 It is unlikely there's an exact and legal definition, because the whole concept is what would a reasonable person do, but an hour after work gets out doesn't seem like an unreasonable time to show apartments to people.Answer #2: >even though I have asked her to keep them during business hours.

You aren't going to be able to restrict her to solely business hours. People work and they aren't going to be able to see an apartment when they're scheduled to work.Answer #3: Anytime is considered okay. He’s trying to get a new tenant. He likely cares more about what time the new tenant can show up as opposed to the reasonable time requests of a tenant who is leaving. As the definition of 12 hours prior notice is just that.


Title: Advice for woman leaving physically abusive marriage with child

Question:
A friend of the family got a temporary domestic violence protection order against her husband. They have a five year old son together. There is well documented physical abuse (he gave her a black eye 3 years ago). We have photos and a medical report. We also have photos and witness testimony of the husband pushing and shoving his wife while holding their 5 year old son.

We have a hearing for the one year protection order which we are well prepared for.

My question is regarding divorce. They have no assets; the husband is a chronic gambler. The wife doesn’t speak English. She has a job but no money. She wants to get a divorce and child support as soon as possible. What should she do? This is in WA state.

Answer: She should speak to a divorce lawyer ASAP.Answer #2: Call a lawyer, and call a DV shelter. They'll have case workers and resources. Even if she doesn't need a shelter, they can help her figure out her options and steps to take.


Title: Follow up on neighbor pointing gun at my head - got worse

Question:
New Hampshire NH - US

I am on mobile. I can't figure out how to link old original post. Only other thing under my history is that oost.

I can't safely go home. My girlfriend has left now and won't come back to my house.

The cops have refused to do anything. They have now begun lying.

After state pd and sherif couldn't help I escalated to the town manager's office. The Assistant Town Manager (ATM) tried to intervene. He was absolutely shocked when I told him and went to work saying that this guy needs to be arrested that it's a class a felony etc and that this is insane.

Now today ATM tells me that the PD is saying that when asked the witness said "saw nothing" and in the statement said "pointed his hand but nothing else but the statement doesn't say anything about a gun at all" to which I loudly protested. I've seen the statement. The PD however is refusing to give a copy to me or ATM.  How convenient.

I had witness verify to ATM what her statement said in its entirety and he is again trying to intervene.

Meanwhile three or four of my neighbors have approached me - all separately mind you - and said that a cop came knocking at their door asking questions about me and if they knew who I was and where I lived etc. no questions about the other guy though. Only me.

Now ATM tells me that according to PD "multiple witnesses have come forward saying you were the aggressive one" and I lost my shit at the point. There was no one around. The houses are all empty. They are seasonal! For fuck sake! Now suddenly there are witnesses that didn't see this asshole point a gun at me but are saying I was the aggressive one. I was in my fucking yard! What the fuck!!!

Then he tells me they spent Friday, Saturday, AND Sunday scouring the neighborhood for more witnesses. More people to say they saw something they didn't and couldn't have possibly seen from an entire street behind me!?!

I have called lawyers.  None have any advice. They think I'm making this shit up or something. Telling me to move doesn't help me right now! That tidbit cost me $200!

I haven't slept. I haven't eaten. I'm not able to concentrate on anything let alone work. I'm scared this fucking whack job is going to come kill me and/or that these asshole cops will do it for him!

I don't know what to do. I'm so fucking scared right now.

**EDIT:** Came home to two cruisers.  Literally pulled up and these assholes were parked in front of my gate **waiting** for me.  First they tell me the investigation is over and they will not do anything again insisting that the witness statement "doesnt say anything about a gun" then they told me that multiple witnesses reported that they saw everything and did not see him do anything with a gun and that I was the aggressor.  To which I replied "First of all I hope you realize that I have a photocopy of the statement.  You're lying.  I scanned it in and made copies for myself, the witness and <ATM's name> and secondly what witnesses because these houses are vacant around us and there is zero view from anywhere around us and you know it.  You're lying about that too." at which point one blurts out "They didn't give their names" and then I said "Oh I forgot I had 20 people here that saw everything and they don't have names either!" Then they threatened to arrest me.  THIS IS WHY PEOPLE HATE COPS!

I was not arrested but I am still at square one.  No recourse and no legal action.  On top of that they are liars.  Now I just keep waiting for the gunshot to ring out.

Answer:
 You seem like you're coming a little bit unhinged.  The real advice now is to talk to a counselor.

There's obviously not going to be a resolution here that you like.  Your neighbor won't be disarmed immediately, especially now that the police are investigating you (which in all honesty makes both of your posts stink to high hell).  Your neighbor won't be forced to move.

You should stay with a friend, or at your girlfriends place until you find another place. Answer #2: >Now ATM tells me that according to PD "multiple witnesses have come forward saying you were the aggressive one" and I lost my shit at the point

That is not a very good thing to do when you are trying to convince someone that you are not the aggressor.Answer #3: [Prior post]( http://www.reddit.com/r/legaladvice/comments/33m5ub/my_neighbor_pointed_his_gun_directly_at_me_cops/) for referenceAnswer #4: There has to be more to this story.


Title: Friend has a pregnant crazy ex-girlfriend, and he wants to be part of his daughter's life.

Question:
We are in Virginia, and I have a good friend who has a baby due in June. He desperately wants to be a part of his daughter's life, and is a kind hearted, wonderful person. His problem is his ex-girlfriend. Once she became pregnant it was like a crazy switch went on.

From what I have heard she has been emotionally abusing him through the whole of their relationship (he doesn't recognize it though and still has feelings for her). When she became pregnant she started physically abusing him. He even showed me a picture of a bitemark from her. They were living together and he was paying all living expenses because she got herself fired from her job and never went looking for another one. Right now she is living off student loans and money from her parents, although he occasionally drops off a bag of dog food for the dogs and just leaves it on the front porch (she doesn't ask for this, he just wants to help out and that's the only thing he thinks she won't destroy if he leaves for her).

On Christmas eve she kicked him out of the house. Huge fight, told him to leave, so he did. Went and spent Christmas with his family, stayed in contact with her, eventually came back. She liked having the bed to herself while he was gone and said he could stay but had to stay in the guest room. And basically not interact with her. He obliged for a little while, but when he started trying to patch up their relationship she blew up at him again, and kicked him out again. This time he decided to stay gone. He still wanted to try and patch things up between them and tried to take her on dates and bring back the good in their relationship. She shut that down pretty fast after a couple of dates.

The closer she gets to the due date, the more combative she becomes. She is currently threatening to get a restraining order if he or anyone in his family ask how she is doing and if she needs any help (financial or otherwise), even if they only contact her family and not her directly. She also claims he was verbally and physically abusive, and has convinced her family that he was (all of these claims have been made since she kicked him out the last time).

He doesn't have loads of money to go out and get the best lawyers and such, so he is trying to do a lot of research on his own so he does everything right and sets himself up well before he starts paying for a lawyer.

He also knows he will need a paternity test but is 99.9% sure the baby is his. At this point he has no contact with his ex (she has blocked him) and is worried he won't even know when the baby is born.

Here is my question: how much of a legal battle does he have ahead of him to gain some form of custody and what can he do in the meantime to help his chances?

Answer: Once the baby is born he can get an order for a paternity test and then get court ordered visitation. He's not going to get custody of a newborn right away unless the mother is completely unfit.


Title: Recourse against incompetent lawyer?

Question:
In March of this year I received a court summons from my ex. He wanted child custody. I am living in Texas; I contacted a lawyer in San Diego, where the suit was filed, and hired him after I appraised him of the situation and he claimed we could win a Move Away Order, though it would be difficult.  My situation was quite complicated. For 2 years my boys had lived with me in Portland. While there, my health, which had been poor my whole life, deteriorated and I suffered a back injury that just did not heal. I was unable to get work in my field (Teaching in Waldorf private schools), because the area is so popular and jobs are few. I secured a job contract in Bermuda and began the process of moving there. I was to fly out in April 2014, my boys were to stay with their dad in San Diego until July or August, then join me in Bermuda. I stopped in Austin, Texas to see my sister before I left the country.  My health plummeted further and I had to pass on the job. I finally was diagnosed in October 2014 with a congenital birth defect – spinal cord tethering, a complication of Spina bifida. It was slowly disabling me over the course of my life and causing many painful conditions misdiagnosed as auto- immune disease. I was unable to work or establish a home for my boys. In January 2015 I had the spinal surgery that was hoped to correct the disability. So when I was sued for custody two months after surgery I was still in recovery.  The recovery did not go as hoped, and it is likely I will remain disabled.
It turns out the loss of my case was inevitable as during the hearing the judge said –“Ma’am’ I am so sorry, I know your children would still be in your custody if you had not become disabled, but I must follow California policy.  There has been no accusation of abuse or neglect, the children have a home here in San Diego and have been enrolled in school for over a year. I cannot grant the Move Away Order.”  The lawyer I hired had been in family law in San Diego for 13 years and should be familiar with these policies, yet encouraged me to pursue a course of action that was expensive (around $10,000 in legal fees), futile, and left me in a worse financial and legal position while telling me we could win. If he had been clear with me about California policy I would never have filed the move away order and would have focused on petitioning for support due to the disability being present throughout the marriage.
Was my lawyer negligent or incompetent? Do I have any recourse for his poor legal advice?

Answer:
 Policies aren't set in stone; there are exceptions.  Your lawyer warned you it would be difficult.  Not getting the outcome you desired does not mean the lawyer was negligent or incompetent.

Feel free to consult a legal malpractice attorney.


Title: [VA/PA] Could my Halloween costume get me in legal trouble?

Question:
Well, hopefully this question is a little more lighthearted for everyone here. I live in VA but plan on spending Halloween in Pennsylvania. I have a very stupid idea for a Halloween costume (based on an awful pun), but I was afraid that it might cause an issue and wanted to check here first.

Part of the costume involves having a bottles of Robitussin attached to my body (probably with duct tape, because not only am I oh so clever, I make things of absolute QUALITY). I will probably empty the bottle before using it. Could there be an issue with this, if for example I ran into the police? Could there be any accusations of drug abuse or something else? I just don't want to do anything illegal, or even anything that looks illegal.

Thanks in advance!

Answer: If you have to ask whether your Halloween costume might create legal problems for you, you should probably rethink your idea for a Halloween costume.


Title: Person is victim of hit and run, car owner says he was not driving.

Question: A friend of a friend was hit by an SUV. The car didnt even slow down and left him for dead in the street. He survived but is permanently brain damamged. He is under his sisters care and she has little money for legal advice. This happened in Denver or Aroura CO, not sure what street so not sure of the town. The police arrested the owner of the vehicle, but he says he loaned the car to someone and will not give up the drivers name. These people need help badly. What legal recourse do they have?

Answer:
 Yeah, a family member will need to (1) ASK AROUND for recommendations for a local Personal Injury attorney; (2) contact the PI attorney and just mention the words "brain injury."

You will have zero trouble getting somebody interested in at least investigating the case.

By the way, just because the guy won't give up the name of the driver (probably because this fictional person does not exist) is no basis for his insurance company to deny the claim.  Insurance coverage generally follows the vehicle, meaning that as long as it wasn't STOLEN, there is coverage.

Also, your friend of friend (or his family) should check his own policy for Med-Pay or PIP or under/uninsured coverage.  This stuff can apply even if you are not in your car and not in any car.  If he's a minor, he's probably covered by his parents' policy.

Finally, I am a personal injury attorney, but I have done no research on Colorado PI law.  For all I know, it's a no-fault state.  The important thing is to have a family member call an attorney in the area - they'll be MORE than happy to talk.


Title: College books problem

Question: Is it illegal for a company to make you pay for a product you might not get? For instance, a company made me pay $150 for a book that is originally $93 because it was supposed to have an access code in it for an online product but it did not when it came and the company could not help me. Thanks guys! In the US

Answer: What do you mean the company could not help you? You are due whatever you paid for.


Title: Either a USPS employee stole my package or someone stole my identity and forged my signature for my package, what can I do?

Question: I was not home to receive my package that required a signature.  A mail pick-up slip was left in my locked mailbox at my apartment on 4/5.   No one had access to this slip besides me and my boyfriend.  When we went to pick up the package on 4/13 from the post office they said it had already been signed for and picked up on 4/9 at 1:21 PM.  I was at work at this time and could not have physically been there to sign for it.  They showed me the paperwork and someone had signed my initials.  The employees insisted they check IDs for all package pickups.    No one from my apartment complex could have seen the slip as it was in a locked mail box, NOT taped to a door.  So either someone has made a fake ID with my credentials and forged my signature to obtain my package (which seems highly unlikely) or there was internal theft committed by a USPS employee.  The package was insured for $100 but I paid $162.18.  My boyfriend and I went to file a police report as well as a claim to USPS. I also noted that there were cameras at the post office.  How can I obtain these camera feeds?  What, if any legal recourse do I have to resolve this issue and get the full amount returned to me?

Answer:
 You can't view the surveillance footage.

Unfortunately there's not a lot you can do. I would in this order:

-speak to the postmaster at that location and see if he/she can look into the incident

- contact the vendor and plead your case that you never received it. Maybe they just decide to believe you and go from there

- finally, you can file a chargeback claim with your bank card. The bank will investigate and make a decision to reverse the charge. They may not rule in your favor. And you'll get banned from the merchant.Answer #2: INAL.  They don’t check IDs all the time.  Much to my horror they didn’t check mine when I picked up a $1,200 laptop from them.  At least I had the card, though.

Have you tried talking to the post office inspector general?  https://www.uspsoig.gov/uspsoig-contact

I would try that first as it’s free.


Title: Petit theft in Florida (Orange County)

Question:
Hey. Throwaway account here.

Today I made a massive mistake. I went to Target and I attempted to shoplift around $50 worth of product. They have me on video and I am indeed guilty.
This is my first time offense. My court date conflicts with when I will be out of the state. I fly in the day of my court date but I don’t think I’ll have time to make it. How do I go about requesting a change of date?

Also I don’t know if I should hire an attorney or not. The officer who “arrested” me was super cool and said if I plead guilty and show remorse that they’ll probably just give me a fine and community service

I don’t want this to stay on my record. I would also like to know how to request a diversion program or for it to be sealed or expunged. I’m not sure about how all of that works.

Thank you for information!
-a good person who made an awful mistake

Answer: If you do not show up for court they will issue a warrant. If you had posted bail yourself you will not being getting a refund. If you had used a bondsman then they will be looking for their money


Title: Child abuse occurring near my home by relative and his girlfriend.

Question:
Created a throwaway for this.

I live in Belize, in Central America. Everything that I am about to say has happened in the country of Belize. I have an uncle who has three of his four children currently living with him and his girlfriend. The children's ages (who live with him) are between 7 years- 18 months.
There's a lot to this story but I'll try to be succinct.
My uncle drinks and smokes heavily, and his girlfriend drinks heavily as well, and is affiliated with gangs. They have always had a tumultuous relationship, rife with domestic abuse from both parties, among other things.

They had their oldest, the 7 year old, and it was with her the abuse started. She has been burnt with flat irons (at the age of 2), sexually abused by the girlfriend's friends since the age of 3, beaten on a daily basis, and so many other things. I know all this because I can hear everything that goes on in their home, and the child tells anyone who will listen to her. Everyone brushes it off and ignores it.

The middle child is 3 years old. Since his birth he has been cursed and called names, now he is beaten on a daily basis. He has had remote controls thrown at his head and broken on his little body. Everytime we see him, he has new bruises. He as been chased out of his home by his drunken mother at 3 AM because she was mad at his father. My family and I are closer to this child because his mother would always send him over to our house (which is right across the street) because she didn't want to take care of him and thought she could get free babysitting services from us. We would bathe him, feed him, clothe him, take him on trips, you name it. He became one of our own.

The youngest, is almost 1 1/2 years old. Again, since her birth she has been neglected, cursed like an adult, and beaten.

About a month ago, shit started to hit the fan. One night we heard the boy screaming as if they were torturing him. The parents were drinking heavily with a friend and were not paying attention to the children. My father went over to pick up the boy and slammed the front door in the process. The boy was in a state of shock because it took him an hour to calm down and tell us what happened. His father had punched him in the nose because the boy was annoying him. My uncle started yelling death threats at my father, saying that he would shoot him in the streets because he disrespected him by slamming the door to his house. He screamed at us for over an hour. We called the police and when they arrived, he changed the story to us kidnapping his son. We went to the station and made a statement against him, but that statement was eventually lost and therefore is no longer valid.

After this incident we went to see a lawyer. The lawyer called the human services agency (there was already a case set in motion but they had all but forgotten about it) and the case worker decided to pay a visit to the 7 year old's school on that same day. They called the father (my uncle) to inform him and he told his girlfriend and they both went into a rage.

We were not aware of the school visit, so we were at our house at the time, and the 3 year old was too (he hadn't bathed or eaten from the day prior) when the girlfriend decided to come over to our house to curse at us. She screamed for the 3 year old to "get his fucking as here now" meaning to leave our house and join her by our gate. As she walked away with the 3 year old in her arms, she screamed death threats at us too, saying that she would burn down our house, place bombs in our cars, slit my throat, and shoot my little brother in the streets, because "it is now war, and we were going to get it". My mother and I were the only ones at home and we became incredibly frightened so we called anyone who could help, my grandfather, the police, my father, anyone. The police came and didn't do anything. The case worker who came with the police was more interested in going home because she had a vacation that started the next day. We went to the station and my mother and I gave statements against my uncle's girlfriend (they have been living together for quite some time so he refers to her as his wife now). After we gave the statements the sergeant in charge asked us, including my uncle and his girlfriend, to go back to the station to "mediate". It didn't do a lot of good, because my uncle and his girlfriend denied everything and called us the liars. After this they said that the boy would never be allowed at our house again. He tries to run away to our house whenever he can, and sometimes they send him because they get frustrated very easily with the children.

On Facebook, they are the perfect parents, but no one knows or understands what happens when the cameras are not on. Everyone in my family turns a blind eye to it. We were instructed to close our windows and doors when the children scream to that it doesn't bother us. We live right across from them so it is incredibly hard to ignore the noise.

They also blast loud music whenever they feel like it, sometimes in the middle of the day, sometimes until 4 AM. They have alienated themselves from my entire family, and still make themselves out to be the victims.

I apologize for jumping all over the place with this, but I don't know what to do. I suffer from a anxiety disorder so just typing this out has my mind reeling. We have done everything we could, and it has backfired in our faces. The children are still being beaten harshly, just now the boy was screaming in an agonizing way that I've never heard before, because his mother didn't want him to play with his toys, so she hurt him. We can hear everything that happens, sometimes we can catch it on video, but we are not always lucky when it comes to evidence.

The children are constantly neglected, fed ramen noodles because the mother doesn't feel like cooking most of the time, they rarely bathe unless they decide to bathe themselves, they stay shut up in their house all day and night, and they aren't allowed to interact with the rest of my family, they are beaten during the day by the mother, and at night by the father.

Whenever I speak to close friends about it, no one really wants to hear about it, and they just change the subject. I've been seeing a counsellor, but I guess there is only so much the counsellor can say.

We're living in a hostile situation right now, and I'm not sure how to alleviate the problem. I don't know what to do now. If someone can give advice, that would be greatly appreciated.

Answer: Unfortunately no one on here regularly is familiar with the laws in Belize. I think contacting child welfare services or the police is the right course of action, but beyond that I can offer no concrete advice.


Title: Girlfriend of deceased son won't let mom have his things.

Question:
My mom's best friend's son killed himself a little over a month ago. He was living with a girl who is taking his death rather hard. No one blames her for this, she found him in her living room. However, they were only dating about 6 months and she won't let his mom have any of his things including some very expensive items that were not purchased together nor were they gifts to or from her. To make things MORE complicated, they both work together and see each other everyday. Is there anything my mom's friend can do to get her stuff back short of suing? He left his mom in a lot of debt already from several DUIs and she can't afford to take her to court.

Edit: Everyone lives in NC

Answer:
 no, she'll need to take the girlfriend to court. it doesn't sound like he had a will or any children so his parents will inherit everything.Answer #2: His mom is not responsible for his debt. His estate might be if there are assets but not his mom. Answer #3: When a person dies without a will, all US states have a law of intestacy which says which relatives get stuff in which order.

If the guy left a child, the child usually inherits everything and grandmother (one generation back) does not get anything.

The actual NC statute language is unreadable but this website is pretty accurate.

http://www.nolo.com/legal-encyclopedia/intestate-succession-north-carolina.html

Short answer, assuming the child in FL is legitimate or was legitimated, the kid gets everything and the girlfriend is doing things 100% right by not giving your mom's best friend anything at all.

Most law school have legal clinics for people with limited means. Your mom's best friend can call one  to see if they will give her a consult, but based on what you have written here, this is cut and dried.

Sorry. Maybe the best friend is on good terms with her grandchild? Some states have grandparent laws that provide for continuing contact in situations like this, but that wasn't what you asked.

Yeah, IamaL but not in NC or FL


Title: My roommate is refusing to let me sublet my room to anyone. What should I do?

Question:
I accepted a job offer in a different state last week, and I am moving out of my apartment on the 20th this month. My roommate and I signed a 1 year lease starting 9/1/2016 after we had connected on Craigslist over the summer. I told my roommate over the weekend that I was planning on subleasing my room starting on 6/1, and it would last for the remainder of our lease until the end of August. We live in a very high demand area for housing, so finding someone on this short of notice is possible (many people have expressed interest).

He is now very much opposed to the idea of subleasing to anyone he doesn't know and told me he will reject everyone. In principle, he says that living with someone he doesn't know would make him very uncomfortable. I told him that he would have every chance to meet the person and reject if he doesn't like them, but even this is not acceptable to him. I have not yet brought anyone by to show them the apartment or meet him, but there are people interested. He wants me to pay the remaining two months on the lease (last month was already paid on signing the lease) and him live in the apartment alone, but I really don't want to do this.

The relevant portion of the lease states "The Tenant cannot transfer any rights under this Lease to any other person, nor can the Tenant sublease the Apartment... unless the Tenant has received permission to the contrary from the Landlord". I received permission from the landlord over the weekend, so long as he is ok with the individual. Our apartment is located in a suburb just outside of Boston.

Please let me know if I can provide any additional information.

Thank you for your help.

Answer:
 You should be prepared to document the number of roommates you've interviewed and presented, and the reasons your roommates gave for rejecting the possible replacement roommates. Keep the contact information for rejected potential roommates.

You can tell your roommates that you have found them 10 potential replacements, all of whom they have rejected without valid cause (assuming that's the case), and that you will continue to make a reasonable effort to find a replacement roommate through the end of the month, but that once November rolls around you are going to be out of the apartment and will no longer be contributing to the rent.

If they later sue you for your unpaid share of the rent, you can use your good faith efforts and their bad faith rejections of replacement roommates as a defense. You can also point to their complete lack of effort to locate a replacement roommate. I cannot promise you that this will be a perfect defense to any claim they make - I don't know what claims they will make or what excuses they will offer - but at this point it seems to be your best bet.

Note, this does not give you protection against the landlord if your roommates don't pay the full rent - the landlord can normally come after any roommate (any, all, or a subset) to collect unpaid rent due under a lease. If a roommate does move in, make sure that they substitute in for you on the lease (if your landlord is amenable) such that you are released from further obligation to your landlord.


Title: How much can your car look like a police vehicle?

Question: What are the laws regarding the use of decals, lights, sirens, etc. in order to make your car look like a cop car? Could I add red and blue LEDs to a Dodge Charger?

Answer:
 It will depend both on your state and your local area. You're unlikely to ever be able to use red or blue lights, though.

Where I am, blue is for the personal vehicles of volunteer fire fighters and are a "courtesy" light only, in that no one is required to pull over or make way for them.

Law enforcement, ambulances, and fire trucks gets red lights, which you do have to get out of the way for.


Title: My parents have full custody of my daughter, they moved to arizona over 2 yrs ago and im thinking of taking them back to court.

Question:
I live in utah where the custody battle took place.  They won because they are rich and I'm a starving artist.  The current court order says we will "work towards standard visitation" which I'm not getting.  I currently have my girl now 10 yrs old for one month (not half of her summer break).
Here are a few contentious issues.
 They will not let her fly alone, and I have to pay all travel expenses, which means I either drive 10 hrs each way to pick her up or buy myself round trip airplane tickets to chaperone.  This makes it extremely expensive and difficult to have frequent visits.
.They dont want me to work at all while I have her because they dont know and or trust my husband. (Or anyone outside of their rich clique for that matter)  Theres nothing in writing but they said I cant have babysitters for her either.
They are constantly cutting visitations short and have never allowed any make up time.
We are at different views concerning adhd drugs and daily doses of miralax which she dosent like.  For now im going along with their dr but have voiced my opposition many times.  I feel uncomfortable force feeding my child drugs that she dosent like.
Lots of bitterness between us has created a rift between me and all my family.
I got my ass kicked in utah court, hoping a new judge would see it better, im also much more stable now with good job, house, husband and toddler.  They tried to take away my parental rights and I managed to retain them but still not the full minimum visitaion even.

Advice im seeking:
At what age does the child get to choose for themselves.

Current order is from utah, she lives full time in arizona, should I file in Arizona to change the order?

Would seeking half time be realistic?

Also considering waiting it out until she is old enough to be heard, I've heard its either 12 or 14.

I dont think their ban on flying alone would fly in court but they are so worried she is going to get raped by the first strage man she comes close to its ridiculous.  Again current order is vague about tis stating on her first visit I accompany her.  I think that implies sebsequent visits could be through the unnacompanied monor program with the airlines yet they refuse to agree or pitch in for the exhorbent costs.

Also does my new husband implicitly have the same visitation rights as I do?

Thanks in advance for the advice and support!

Answer:
 There's no hard age cutoff, it's when the child is old enough to exhibit an opinion.  My understanding is that anything under age 12 is a very hard sell.  As for custody, the fact that you and the father both lost full custody to a 3rd party says volumes about the household the child was in, lawyer quality be damned.  Whatever issues led to that, you'd need to be able to show aren't there anymore.  The likelihood of success hinges on what is best for the child and the relative benefits and drawbacks of your having custody.Answer #2: You can drive to Arizona. It's a day trip. There are also busses and trains.

Regardless, you need an attorney if you want to reestablish custody.


Title: False statement causing backlash from police investigator

Question:
Palm Beach County FL.

A buddy of mine posted on his WiiU saying things about his friend "For a call time call XXXX PS only 8 year olds"

Cops called and questioned him about it.  He gave them my information and said I was also adding comments in his wiiU regarding children.

Cop calls me and says I have to meet her to clear my name though there is 0 proof other then this guys statement.

My question is what do I do?  How much legal right does the cop have if any?  Should I get a lawyer to make this bogus claim go away.

Answer:
 Do not talk to police without a lawyer present. You don't have to "clear your name," they have to prove you did a crime. Don't go meet them at the station without a lawyer. If they show up at your house, say "I invoke my right to remain silent and I won't answer any questions without a lawyer present."  That's it. Don't say anything else, and close the door in their faces unless hey have a warrant. If they arrest you, keep using that line I gave you.

Look, they have nothing. They're hoping you give them something incriminating. There is nothing you can say that will keep them from twisting what you say against you. Answer #2: That guy's not your buddy, pal.


Title: Getting refunds/charge backs on pre paid cards

Question: [deleted]

Answer: That's fraud. It's illegal.


Title: Girlfriend's hair is falling out after having it died at a hairdresser, and they made her sign something.

Question:
Girlfriend went to the hairdresser. They made her sign something beforehand (at this point I have not been told exactly what). Her hair is now very much not the colour she wanted and is FALLING OUT. Apparently for chick's that's bad or something.
Can anything be done, or is she screwed because of the form?

New Zealand.

Answer:
 Dyed. The word is Dyed.

I have no idea about NZ law, but it's not uncommon to be asked to sign a disclaimer before asking a salon to do something that involves a chemical treatment. Please bear in mind almost certainly her hair isn't falling out - it's breaking. So it's been over treated. Now this might be because she had previously had it processed or because the salon left the chemicals on too long. This is very case specific.

If, for example she had previously had her hair bleached, and went to this salon asking for her hair to be dyed another color and they said "OK, but your hair may possibly be damaged, sign this disclaimer" then there might be less of a case than if her hair was "virgin" when she went to have it dyed.

You need to consult any consumer bureau you might have in NZ,


Title: Can I use the word "medicine" in the title of my product on my website?

Question: I'm about to start selling an elderberry dry mix online and I wanted to call it "Old Medicine - Elderberry Syrup" on my website.  I have some legal disclaimers on my website and I am not claiming that it is a medicine on my website, I just wanted that word in the name. Can I get in trouble for this? I'm trying to google it, but I can't get a clear answer. Any help would be appreciated.

Answer: be on the safe side, dont call it medicine if it isnt medicine.


Title: Am I legally allowed to display my rainbow pride flag?

Question:
I live and rent an apartment in California, and I recently received a letter from my HOA titled "Board of Directors Hearing - Notification of Violation". I can type of the entire text of the letter if necessary, but the gist is that I violated their CC&Rs of "Personal Items on Balcony/Patio", specifically regarding "General Restrictions on Use" and "Grounds and Common Area" with trash bags and my gay pride flag. The only non-boiler plate portion of the letter is where it reads, in bold, "Please remove white full trash bags being stored on the balcony. Also, remove sign from front window." It says at the bottom of the letter that I am being called to a hearing, where they will make a decision about whether or not I'll be fined, but on the following page it says I can take one of the following options: Correct the violation, provide their office with written correspondence prior to the hearing date, or attend the hearing in person. So which is it? I am summoned, or do I just pick one of those three options?

&#x200B;

Sure, I fucked up on the trash bags. That problem has already been dealt with. My concern is my gay pride flag, which I put on full display in my front window a few months ago after someone called my boyfriend a fag on our front porch. It's a small flag, maybe 18 inches long by 12 inches wide. I've been scouring the internet ever since I read the letter a couple hours ago, being absolutely boiling mad about it as I am. There is no federal protection against this; that only law relates to the U.S. flag, but I found this for California:

&#x200B;

"CIVIL CODE SECTION 4710. DISPLAY OF NONCOMMERCIAL SIGNS.

(a) The governing documents may not prohibit posting or displaying of noncommercial signs, posters, flags, or banners on or in a member’s separate interest, except as required for the protection of public health or safety or if the posting or display would violate a local, state, or federal law.

(b) For purposes of this section, a noncommercial sign, poster, flag, or banner may be made of paper, cardboard, cloth, plastic, or fabric, and may be posted or displayed from the yard, window, door, balcony, or outside wall of the separate interest, but may not be made of lights, roofing, siding, paving materials, flora, or balloons, or any other similar building, landscaping, or decorative component, or include the painting of architectural surfaces.

(c) An association may prohibit noncommercial signs and posters that are more than nine square feet in size and noncommercial flags or banners that are more than 15 square feet in size."

&#x200B;

By my interpretation, the rainbow pride flag is a noncommercial flag. It's made out of cloth. It's displayed in my window. And it's under 15 square feet in length. Am I correct in assuming that they are not legally allowed to make me take my flag down, or fine me for not doing so?

&#x200B;

What the best course of action here? Other than taking my flag down, of course; if I'm not bound by law to do so, I won't take it down! I am considering sending a "written correspondence" with the full text of CA Civil Code Section 4710 and showing up at the hearing. It almost feels to me like the part about taking the flag down was tacked on their along with the part about the trash bags so that they could just slip it in there and try to make it official, so that I thought I HAD to comply. I know that they don't HAVE to follow the law, because HOAs are all-powerful monstrous beasts that think they can do whatever the fuck they want, and I'd have to get a lawyer and spend thousands of dollars to make it worth it, but is there a way I could try to fight back against this and win without escalation?
Topic:
Landlord Tenant Housing

Answer:
 It sounds like 4710 protects you here. I'd personally attend the hearing and give them a copy of the law.Answer #2: Are people allowed to use small seasonal decorations on the front of their home where you live.  Like Bunnys for Easter, Santa for Xmas?
If this is allowed Have Uncle Sam holding your small flag for the summer 4th of July is coming up.


Title: I'm [19F] being harassed through text by someone I met through okcupid [33+M] in NY. Not as cut and dry, so I don't know what to do. LONG story but I really need help.

Question:
**TL;DR--Multiple instances of this guy trying to get me to meet him again, me always telling him to stop and leave him alone. Don't have those texts anymore, but he started contacting me again. What can I do to get rid of him?**

I was messaged on okcupid by a man, who said he was 33 y/o. We talked for a bit, and after some time we began sexting. *(Please don't judge, I had come out of a weird relationship and was just trying to do some lighthearted fooling around. I was eager to do something different for once.)* He wanted me to fulfill a fantasy of his, a cash spoiling fantasy. I agreed to meet him.

I didn't feel threatened at the time; he seemed hungry for it, but nothing too weird. I also put security features on my phone in case something happened; I told my friends where I was. Overall it went fine, except we did not carry out his part of the fantasy. I also found out he was really in his 40s. I was a bit disappointed and angry, but then again I was being naive...**lesson learned.**

In the two weeks after that, I got back with my ex. The older guy kept texting me, and I kindly told him to stop because I was dating someone. He kept trying, though--"Can we do it just one more time? And fulfill that fantasy of mine?" Things like that. And I kept reminding him I was with someone. Blocked him on okcupid.

Yup, I'm still on okcupid during this time, but my boyfriend has a password and we're sharing the account. I'm working on an essay about my findings on okc and my boyfriend is fine with this.

The older guy made another account and found me again "by chance." He started messaging me there, asking me to meet him and telling me I gave him the best head, etc. I told him to leave him alone--I was using the account for my essay. I told him my boyfriend could see everything he was saying. And then I blocked him again.

Skip forward a few weeks. I get a text from a weird number, saying it was a guy from okcupid and asking me if I was dating someone. He told me he would tell me his username, if I told him whether or not I was dating someone. I could sense it was this guy, but I lied and said I wasn't with anyone...I was curious what the person would say.

Not more than two seconds later, that older guy texts me about how I was lying; how I was a fool; how I couldn't just face the truth and get rid of him decently and had to lie about it. Blah blah blah. I made sure to text his cell number to stop contacting me, and I also texted the other weird number saying the same thing as well.

Hadn't heard from him in over a month. Changed phones and didn't even think about saving those messages, because I figured he wouldn't contact me again. But, he messaged me again this week. Here's our exchange:

*5/19/2015*
*Him: "I know this is a long shot but please do not be upset but would you meet once or for the spoil thing. If not, np"*

*Me: "I've asked you multiple times to stop contacting me. Then you tried to trick me with another #. Now you're texting me again. Yes it is a long shot."*

*5/23/2015*
*Him: "Ok"*
(seriously you waited four days to text me back?)

*5/24/2015*
*Him: "I just ask about hanging out once more. OK? If not no problem"*

It's this last message that really has me worried. It's now clear to me that he won't ever stop. I just don't know what to do, because I didn't save his other texts (that were more sexual in nature). And I'm afraid the police will think I'm a prostitute because of the cash spoiling fantasy, even though that's not what it really is about.

What action can I take? Do I need to wait for more evidence? Should I tell him I want to contact the police? (and no I can't block a number on android like I can on an iphone)

Again, please refrain from any judgment...I know I appear naive and whatnot. I really learned my lesson.

Answer:
 Not legal advice, but go check out (or buy) Gavin de Becker's "The Gift of Fear." You aren't wrong about this guy, he likely won't stop pestering you *because you keep responding.*

Every time you write back, that's more of your time he got, even though you don't want to give him more time. Like the book says, if you ignore two or three texts, then tell him off, all he learned is that it takes at least 4 texts to get your attention now.

Blocking isn't effective if you keep responding. I'm not victim-blaming, just saying he won't go away while he can still manage to get responses out of you. It's really hard, but you're going to have to stop doing that, regardless of what he says to you.

Have your b/f or another good friend monitor vmail and texts and delete them for you, if you find that difficult to do. He'll probably get worse when he realizes he's not getting attention, but that (usually) won't last.

All of this advice comes from the book, but I have been through two situations with stalkers, and it was effective in both, though the last one took 3 years to stop trying to get me to respond. You just have to be patient and know that it will never happen if you keep giving them feedback.


Title: [Phila, PA] Fed Ex driver hit my parked vehicle. After initial apologies, they're now claiming that I hit their parked vehicle.

Question:
I worked from home yesterday, and around 1pm, my neighbors started banging on my door. Turns out, my car had been hit by a Fed Ex driver; one neighbor was insistent that the driver backed out and tried to take off after hitting my car, the other neighbor admitted she didn't see that (I'm not sure if he was planning to hit and run, but it doesn't really seem relevant). I live on a very narrow cobblestone street in center city Philadelphia; my car was parked directly under the "no trucks" sign when it was hit.

The Fed Ex driver was driving a Budget rent-a-truck, and he was en route delivering packages. He was a scared kid and I felt terrible for him. He readily gave me his information, and I gave him mine.

I called the cops but it's Philly, bigger fish to fry, and they wouldn't come out. After exchanging info, I went to the station and filed a report. Then I called Fed Ex to discuss next steps. They were apologetic, said the driver should have known better and that he is fired because this was his first day back from disability and he knows not to drive trucks down this road etc (struck me as unprofessional, but whatever). They tell me to call them tomorrow (meaning, today) with my mechanic's estimate of the damages.

My mechanic immediately determined the car is totaled (15 year old car, extensive damage to bumper, both doors and side view wrecked). I call Fed Ex, and today they tell me they're not responsible; the report they have is that I hit THEIR parked vehicle.

I'm not interested in, nor have time to quibble over this. I have pics of their truck wedged against mine (on a "no trucks" street; with my car parked), two witnesses, and a police report. I already took the day off work to buy a new vehicle. I just want this behind me, and if that takes filing in small claims, I'm fine with that.

How do I determine fair market value (I've got three estimates and the range is $2000-4000; so $3000?). Can I also include the costs of registration, plates and other costs since I couldn't transfer these from the smashed car because I can't leave it on the street without a license plate or it will be towed? Finally, the smashed car is going to start accruing parking tickets. Can I have the car towed and ask for reimbursement for this expense? Or do I let parking tickets amass and ask for those to be reimbursed?

Is there another route to expedite this process either with or without court? I'm really busy with work right now, and I'm moving across the country so I just don't have time for the phone runaround and blame game with Fed Ex.

Thanks for reading this, and for any advice you can offer.

Answer:
 If you have no insurance of your own your recourse would be to sue Fedex.

> Or do I let parking tickets amass and ask for those to be reimbursed?

No. You have to mitigate damages. Can you take the plates off and store it somewhere? If the cost to fix is more than it's worth you can scrap it and sue Fedex for the full market value.


Title: Keep a free loader out of my store

Question:
I'll look to keep this brief and to the point. I operate a retail store. We do a lot of community outreach free educational seminars, contests, and giveaways. We understand the letter of the law when it comes to contests/giveaways etc.

Here is the problem because we offer a lot of opportunities to engage with the public for free, we have attracted one major pest. I acquired this pest from a group interview process wherein he didn't make the cut to the next round.

He comes in anytime we have something and will help himself to as much free stuff as possible. For example, we offer our customers soft drinks, coffee, bottled water. This guy has come in multiple times when he is in the area, walks in grabs a soda or three from the fridge and walks out. He takes multiple copies of our literature and handouts - with no intent of purchasing anything from us. He stuffs his pockets with candy, lollipops and coffee condiments (sugar packs, creamers, stirrers) all while making a coffee. He talks my staff's ears off wasting their time. When we run a contest he takes home an entry pad of entry slips, 50 in total, fills them out with his families names and then drops them in the bin, clearly violating the contest rules.

He was in the store about 6 months ago to see if we were hiring again (which we were not, no advertisements out about hiring either) and really pushed my buttons after I saw him stuff 6 sodas in his bag, handfuls of candy and took about a dozen of my brochures which cost me $2 a piece.

I walked him outside and told him that as of right now this is the last time he is welcome in my store for the reasons listed above.

Today he stops in and gets a free pillow we are offering via a very targeted public offer in a niche health and well-being magazine. Given the amount of soda and candy intake who would have thought this guy would read this magazine! But low and behold here is on the daily report.

What's my next step? A form letter sent via certified mail? Stores are in PA.

Answer: Next time he walks in, call the police and tell them there's a trespasser in your store who won't stay gone. Don't threaten it, just do it.Answer #2: Wow, didn't know it could really be that simple. I was thinking some sort of no trespass letter via certified mail was required as a first step. But thanks for the input, I like easy!Answer #3: Call the police and tell them he's not welcome.


Title: (Southern California) My car was illegally towed

Question:
This past Friday, I spent the night at a friend's town home in a gated community and woke up to my car being towed from the cul-de-sac. The local security patrol stated that my car was parked on a fire lane, which is complete bogus as there was no indication that it was a fire lane (no sign, no fire hydrant, no red painting, nothing). As a matter of fact, my friend whom I was staying with is a firefighter, so he would know if it was a fire lane. The tow company provided pictures of my car prior to being towed from the "fire lane" and it does not prove that my car was indeed parked in a fire lane.

My buddy states that he has had people park there overnight with no problems, and in fact has sent me a picture of a painter's van parked in the same location during the day without it being towed.

The total cost to get my car back was $470 due to storage ($50/day), $300 for the tow, and $120 for being the weekend. Initially, they quoted me $240 for the tow, but since they had to use "special equipment" to tow my car, they increased it to $300 (the invoice is a carbon copy which shows it scratched out from $240 to $300).

I called the security patrol and they stated that the entirety of the gated community is considered a fire lane, which sounds bogus, and therefore my car was towed.

Do I have a case to file in small claims, or am I out of $470?

EDIT: Added pictures below

[Gated entrance sign](http://imgur.com/K2mj141)

[My car parked from where it was towed](http://imgur.com/OzMh6bA)

[A van parked in the very same spot](http://imgur.com/Qve6G5D)

[The spot from which I was towed](http://imgur.com/JhASwpy)

[The location of the fire hydrant nearest to the spot](http://imgur.com/Lx6wMNT])
Topic:
Traffic and Parking

Answer:
 Presuming the HOA papers don't clear up whether the area is safe to park in:

I would go around the community looking for any posted signs or markings which state that the whole community is a fire lane. (Yeah, nope). More relevantly there may be signs which specify towing zones, rules, hours, etc. If you find any, photograph them. They may state that you weren't allowed to park there, in which case fighting this will be harder.

Also photograph the area you were towed from. Make sure there are no "FIRE LANE" signs, fire hydrants within 15 feet of where you parked, red paint, or any other visible "NO PARKING" or towing signs. Sounds like there aren't, but get photos which show that clearly.

You can also call the local fire department (non emergency). They are in charge of designating fire lanes, according to the CA Code (look @ 22500.1 [here](http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=22001-23000&file=22500-22526)). It looks like fire lanes are REQUIRED to be marked, but they would know better than me - perhaps there's a local ordinance at play.

Finally, once you have collected your evidence, I think this [LA Times article](http://www.latimes.com/business/realestate/la-fi-associations-20140803-story.html) may be helpful. I would look up the referenced code sections and see if your car met any of the requirements to be towed. If they aren't, looks like you might be able to sue for double the $470 (or just negotiate for $470 if you don't feel like going to court)


Title: Got a parking ticket...

Question: So I'm currently living in California for the summer and I got a parking ticket ($55) for parking in a "No Stop" zone. But the thing is I'm using a rental car so the registration isn't tied to my name or address. Would it be alright in this case if I just not pay the ticket? What could happen if I didn't pay it within the 21 days?

Answer:
 They forward it to the rental agency, who forwards it to you.

It's 2015, do you really think wagging your tongue and saying "neener-neener" is a smart plan?


Title: If a cashier charges me for the wrong item, can the store call me multiple days later and come back to make me pay the right price?

Question:
I was at a store 3 days ago, and I purchased an item that is supposed to cost around $300, the cashier made a mistake while ringing me up and charged me for an item that cost $80. I actually just assumed there was some kind of sale i didnt know about so i was like bet and went on my way.

Today I received a call from the store manager (i have a membership with them i assume thats how they got my number) saying that they need me to come in and pay for the item i got. If i didnt go in to pay for the item would they be able to report a robbery or something similar?

Im posting this here instead of r/legaladvice because i do plan on going to pay for it because when i went to buy it i had the money for it and i havent spent it so i planned on going in to pay for it.

Thanks!

Answer:
 NAL but worked in retail for over a decade. The key question here is: was the item scanned? If the item was physically scanned and rang up as $80, the law is most probably on your side. Many states have scanner laws that heavily favor the consumer.

However, you say the cashier made an error. Did she enter the barcode numbers manually, resulting in a different product being rung up? In that case, the law is probably not on your side, but I’m still surprised the store is asking you for the difference. Especially if this is a membership store, like maybe a place that rhymes with “Sham’s Shlub”? Answer #2: Yes.

If you got home multiple days later and realized they charged you $300 instead of the $80 it was supposed to cost, would you expect your money back?

Of course.

You owe the correct price.Answer #3: I myself years ago had ordered a compact disk of music from an independent music store. I prepaid before they had placed the order. They called said your order was ready. Go pick it up then a day later. A guy that works there calls and says you didn't pay for that CD. He had said if you do not come in to pay I will call the police. I go there and then show him the sales receipt for the order. Still demanding money I leave as he picks up the phone to call the police. No one else ever contacted me about that.


Title: Does this disclaimer hold any weight at all?

Question:
I was looking at the website for FuelFood, based in Florida, and noticed on their FAQs page (https://www.fuelfood.com/faqs/) under the very last FAQ, "What if I decide to dispute a charge?", this concerning statement:

"Listed in the Fuel Food Terms and Conditions, which each client agrees to before purchasing meal credits:

“I voluntarily agree that any credit card dispute raised against FuelFood.com or the Florida corporation Fuel Food Inc. is completely invalid. I voluntarily agree to give up my option to dispute any purchase at FuelFood.com. I voluntarily withdraw any dispute against Fuel Food Inc. or FuelFood.com”"

Does this hold any weight? This sounds to me like they can charge you for $10,000 just for kicks and giggles and you can't dispute it at all. Please tell me I'm wrong, because that's some shady business

Answer:
 Disclaimers in general are pretty worthless. They either restate an already applicable statute (which would apply anyway) or flat out misstate the law to scare people into not challenging it.

It is possible of people to waive a legal right in a freely negotiated contract; mediation clauses and venue selection are perfect examples. But unilateral contracts of adhesion, where one party writes something that the other party can't disagree with (or even know about sometimes) are regularly changelenged and thrown out. Answer #2: I'd be very wary of the product if the merchant has had so many disputed transactions that they had to sneak something like this into the terms of service.