Title: A car did a hit-and-run on me. I chased him and confronted him. He chased me back to a dead end....

Question:
Re-posted from TIFU

Hi. I am from Malaysia. So I've just finished watching Warcraft with my brother at 2.30 am yesterday morning. Was driving back Home. Then decided to go buy food for my pre-dawn meal (I am Muslim and its Ramadhan). So as I was approaching this traffic light, there was this SUV that stopped smack in the middle of the road. We avoided him and just went to the right lane and stopped in front of the lights waiting to turn right. Then this SUV came behind us and rammed his car on my back. As my car lunged forward, he rammed again. Then he sped off, went straight. I was not satisfied. New car. Rammed for no bloody reason. I followed him.

He was heading into a housing area, his house. He stopped in front of the house and just went in as if nothing happened. I passed by, rolled down my window asking him what was his problem and why he rammed my car. He started cursing. Wanted to come for me. I called the cops and waited a bit farther from his house. Then the guy got into his car and started chasing me. We went around the housing area not knowing where to go. Guess what? Ended up at a dead end, with a mad man right behind us. I told my brother to abandon the car and we went over the barrier onto the main road on the other side. The guy stopped his car and started his cursing. I told him I am only gonna speak when the cops are here. And the cops were back where I made the call, near his house. We saw the sirens and went to them and told them our story. About 10 mins later, the mad man came back. So the police started talking to him. Then they told us to go to the station and make a report.

Just as we were about to go, the security guard patrolling the area came to tell the police something. When the police came back they asked if my windscreen, side mirrors or any front part of the car were damaged. I said no. They took us back to the car and those parts I've just mentioned were all smashed. After further investigation, they found a baseball bat in his car which he used to trashed my car after we've abandoned it. So we went to the police station to file a report. This other boy and his mother also came to file a report, who apparently saw the guy trashing my car, thinking it was a kidnapping case since the car was abandoned. Their story somehow corroborated with our story. Upon leaving the station, police gave an advice, saying he knows that at the spur of the moment, I would want to pursue the guy, but next time, please just go straight to the police station and file a report and don't chase the guy because you don't know what he might be carrying. Turns out in addition to a baseball bat, the guy had a 10cm switchblade in his pocket. So it is a criminal case and the guy was later seen in cuffs and taken to the lockup. Justice is served. But hey, my car is now totally trashed and I am supposed to go on an Iftar date with this hot model tomorrow. So yeah, it sucks. Other than feeling shocked and emotionally disturbed, the only injury sustained was as I was driving the car to the police station, some of the specks from the partly shattered windscreen got into my eye and it seems to bother me. Doctor said it was nothing but i have a follow up visit.

Update 1: The police called me to the station to give further statement. At the same time informed me that the guy's family turned up earlier demanding my contact details. said they know people high up. either they want to settle this out of court or wants to threaten me. Police advised against settling it because they have already worked hard on the case and this guy deserves to be behind bars. my family is worried they might want to take revenge so prefers i settle it and let this guy go. Me, i prefer this guy stays behind bars and keep him away from harming others but my conscience also does not feel good knowing i just ruined this guy's future and place my family's safety at risk. If i settle, do i settle for just the repair amount or do i asked for other costs such as renting a car, days i have to take off work, the trauma i have to go through etc.

Some advice is much appreciated.

TL:DR - guy hit my car twice at the back and sped off. I chased him. He chased me back until a dead end. I had to abandon my car. He smashed my car further with a baseball bat. Cops came and arrested him. Now i need to settle the case out of court or risk his family members taking revenge on me or my family if i don't retract the report. Advice needed.

Answer:
 Well you didn't ruin the guys future: he did by his actions.

To be honest you don't have many real options here.  Even if you did "retract your report" this isn't going to go away. You are likely to be subpoenaed to testify: if you refuse to, or lie about what happened, you are going to have legal issues. There are other independent witnesses, so it's going to trial.

I do understand your family's concerns but you don't have any real options that allow you to let him off.

As to your out of pocket expenses: you have a right to have your car damages repaired and your out of pocket expenses reimbursed. Does this moron have insurance by any chance?


Title: [FL] Can my brother get his dog back?

Question:
My brother owns a 6 year old lab, he got her when she was a puppy and he's very attached to her. He has some PTSD from his time in the military and has gone through some bouts of depression when his young son died, and the dog (Sailor) has been a crutch for him.

Recently, he went on a backpacking trip with his buds and left Sailor in the care of his girlfriend, who agreed to take the dog for the entirety of his one month trip. They had a fight during the first week he was gone and his gf sold the dog without telling him. My brother ended up being gone for a month and a half (one of his friends ended up in the hospital in a climbing accident) but asked if I would drive a couple hours to his gf's place to get Sailor, I agreed, only to find the dog gone.

When he returned home my brother convinced his now ex-gf to give him the contact info of the woman she sold Sailor too. The woman bought Sailor for $75, but refuses to return the dog to my brother. She says her children have bonded with Sailor and they would be devastated by the dog leaving. My brother has offered to give her the $75, plus extra for any expenses she has incurred (food, vet, etc). At one point, he told her he would buy the woman a new lab puppy for her kids. My brother couldn't care less about the money, he just wants his dog back. I thought eventually he would come to terms with it, but he's slipped back into his depression.

Is there any way we can get Sailor back? We don't want to get this woman in any trouble, or my brothers ex-gf either (who has realized what a bitchy thing she has done and has since apologized). Neither of us have much experience with the law so we don't know what we should do, or if there is anything we can do. Thanks

Answer:
 > We don't want to get this woman in any trouble

I don't know that you could get her in trouble even if you wanted to.

Legally, dogs are considered property, like any other property.  The likely best recourse would be to sue the girlfriend.  But the outcome of that will probably be that the girlfriend would owe the *value* of the dog, and not the dog itself.Answer #2: Your brother can sue the purchaser in small claims court for *replevin* (return of property) to get the dog back.

When he goes to court present proof of ownership and have the ex testify if she's willing.Answer #3: Jeez, why would she sell his dog?  This is just an idea, but you should speak to a lawyer and see if his PTSD plays a part in this.  I mean, his dog is basically a therapy dog for him.  You could maybe use that.  Keep in touch with the woman who owns the dog.  Technically his ExGF sold it without his permission.  Does he have any kind of ownership proof for Sailor?  Good luck.  Post updates.  I hope you guys get sailor back..


Title: How can I remove an arrest report from showing up like if you google my name? The case was dismissed but the report still shows up from when I was booked.

Question: Long story but I was arrested for something ridiculous several months ago. The DA dismissed the case, but the county still has my booking report online and when you google my name it is the very first thing that pops up. Even though it was dismissed, I just don’t like the possibility of possible employers, or anybody for that matter, seeing it and assuming the worst.

Answer:
 Might not be able to get it removed but you can Bury it under other results , Make a bunch of social media accounts. Or the Easier ( but somewhat expensive way ) Hire a PR company that'll do it for you. In the mean time here's a site that shows you how to push the negative results down.

https://www.abine.com/blog/2017/push-negative-search-results-down/Answer #2: You can contact the sites and ask them to take it down, but they have no obligation to do so. The First Amendment protects their right to truthfully report about your arrest.


Title: [VA]Summons to Answer Interrogatories when the defendant wont show, options other than continue? Judge wants "perfect service"

Question:
I can provide further details, but here is a shortened backstory: Hired a license contractor to build a deck, paid him for materials upfront, he ran off with the material cost. I filed a warrant in debt, the court said I had to use the sheriff service because it is over state lines (VA to MD). Court date came, I won a default judgment because he didn’t show.

So now this guy legally owes me money. He has completely fell off the face of the earth. Any certified letter I send him comes back. Even after a background check, any address I try, same thing. Being he is a shifty contractor; he probably doesn’t have income to garnish, probably doesn’t file taxes, rents doesn’t own property, etc. My main recourse DPOR (Virginia Department of Professional and Occupational Regulation). Since he was a licensed contractor at the time DPOR has a recovery fund for “Improper or dishonest conduct” of licensed contractors. Their speculation is that you must attempt to collect from the licensee by conducting debtor interrogatories.

I filled a summons to answer interrogatories, same deal with the sheriff service. With the court date a week away they recommend you check to see if service was performed properly; I check with the clerk and it was. To my surprise everything was still on schedule, although I had zero expectation that he would show up. I had a last-minute trip pop up, but everything was moving forward in the legal process. My only option was to leave a note for the judge. I dictated I would take the responsibility to notify the defendant of continuance & again with the new court date if granted. I did so, both with certified letters which were returned with no answer.

New court date comes for Interrogatories. No surprise, he doesn’t show. The first thing the judge says is “When would you like a continuance to”. I said I wanted to file a motion to deem admitted. I explain I notified the defendant of the continuance & new court date, I have all the proof with me. The defendant hasn’t responded to any of my correspondence. If this answer to interrogatories is finalized I can peruse my funds through DPOR. The judge responds “I am going to continue till February for a perfect service”.

Now I am kind of confused. Why would service need to be perfected when the clerk clearly showed me the paperwork where the sheriff served him? Is the judge assuming I have to conduct the “perfect service”? or is this something they will verify with the sheriff? I have yet to reach out to DPOR with the results of him not showing, however I can guarantee they won’t let me proceed with the interrogatories still in a “continued” state. My only time crunch is that DPOR requires a case to be opened within a year of the initial judgement… which would be April 2017. Considering any further continuance is going to push my February court date out a couple months, February is my last chance. I feel like I'm 90% there, just need to get through this last hurdle

Answer:
 IANAL, but a former process server: The judge gave the defendant another grace period to respond, likely because the VA procedural rules or statute say he has to. In a lot of cases, they dictate that it has to take more than X days to perfect service in order to allow things like probate searches to find your filing against the man.

From previous experience in a different state, I have seen a lot of similar hang ups when plaintiffs have filed looking to perfect liens on construction or a similar situation to yours where they are trying to collect on a surety bond. In about a third to half of those cases, we would serve initial notifications and it would be a minimum 90 day wait and on the revisit we would have to go look up an executor of estate to finish our business.

That's my personal guess, but please consult a lawyer.


Title: So my friend got kicked out of a school club for being gay.

Question:
[INDIANA]

During a theater production, she and her girlfriend kissed and apparently someone saw them and complained and they got kicked out because of it. They weren't slobbering all over eachother. It was just a kiss. She doesn't want to say anything because her parents don't know she's a lesbian and the people would obviously call her parents. So I guess my question is, were they kicked out for good reason or discriminated against and, if so, where should it go from here?
Topic:
Other Civil Matters

Answer: Did she get kicked out for macking during school time or for being gay? Would a straight person get the same treatment for macking out during school?Answer #2: Many schools have rules about PDAs on school property.


Title: My husband fell for a magazine scam and now they won't stop calling. Help!

Question:
I forget exactly how it happened but somehow a Virginia based magazine company convinced my husband to order a few magazines so he gave them his information over the phone. When I found out about it, I immediately knew he was being scammed and told him to cancel his subscription immediately. Apparently they said we couldn't cancel because we had to do it within three days. They managed to swindle about $300 dollars from my husband before we reported his card as stolen so they could no longer automatically withdraw his money.

That took care of that issue, but now they are constantly calling both my husband and I. My husband receives a call everyday, sometimes multiple times a day. Because they couldn't get ahold of him (he would block or ignore the calls) they started contacting me through my cell phone asking for him. I don't even know how they found my number; my husband said he never gave it to them. They are claiming we owe over $1000 for these magazines (we only received 6 magazines total) and are threatening to have a debt collector involved.

Are we really on the hook for this money? Is there anyway to get them to stop calling? I have threatened multiple times to sue for harassment but the calls still continue. Please help us get these people off our back.

Answer: Send them a letter by certified mail with return receipt requested.  In the letter you should tell them to stop calling your telephone numbers xxx-xxx-xxxx and yyy-yyy-yyyy, etcetera.  Then if they call you again on any of those telephone numbers you should contact an attorney familiar with the Fair Debt Collection Practices Act.  Save a copy of the letter that you sent to them, along with the certified mail receipt and return receipt card.


Title: Friend is having trouble regarding an assignment and Professor [CA]

Question:
My friend is at a California State University and is taking a water policy class. There is a water bill on the ballot in this years election, and the professor is advocating the democratic / liberal side of the bill in class. The instructor has given an extra credit assignment which includes going out and organizing on behalf of this measure, but ONLY for the democratic side.

According to my friend, 3 lectures have been guest speakers talking about the importance of this bill, my friend skipped one lecture, then received an email from the instructor essentially complaining that she missed out on an important lesson and deducted participation points from her grade (attendance is mandatory in this class). The professor also claimed that this is the third class she has missed, when she has only missed one thus far.
My friend has also noticed that her grades have gotten lower. One assignment was marked 8/10, then crossed out and replaced with a 6/10, even though the marks on the paper would typically indicate an 8/10.

My friend is concerned on two aspects: first, that the extra credit is only given if student supports the liberal/democrat side of the legislation (my friend is liberal and was planning on voting in support of the measure, but thats not the point). I'm assuming that since this is an extra credit project, its not a big deal. Does this need to be reported to the department?

Secondly, she feels that she is being singled out for missing a single lecture. What are her options? She has been documenting everything, taking screen shots, saving emails and so on, but she has decided to stay silent until the election is over. Is this the right course of action?

Answer: She should address her concerns with the department head. This isn't a legal issue.


Title: His child got hit in the head by an arrow by his friend

Question:
(not my child, I'm just **curious** as this happened to a friend today(and he hasn't done anything yet, he's only worried about his child, so this post is only for my curiosity))

His kid (~14y old) was at his friend's house and was holding the target while his friend was shooting arrows, *while being watched by his parents*. The arrow landed between the eye and the temple, 6cm in. As of now there's no risk anymore for him ,he was lucky.

Are the parent of his friends risking anything? This is happening in France.

(This is unbelievable.. the stupidity of the parents.)

Topic:
Personal Injury

Answer: ... wow. Here in the U.S. the friend's parents would be liable for all medical fees and be charged with child endangerment.


Title: Wife got a citation from "attepted thieft from wallmart"

Question:
i just wanna be frank about something up front, if it were me, i was probably stealing from Walmart. not saying i do, but saying i have the mentality to possibly steal from wallmart. my wife on the other hand doesn't.
regardless, today while doing our grocery shopping going through the self checkout line and im guessing got psytracted or something and didnt pay for the stuff she sat in the cold back and hung from the hooks on the front of the cart.
they brought her in the office, called the police and gave her a citation. she called me crying etc and i'm just trying to figure out what has to happen. she has a court date on the 28th. neither of us has ever been in any legal trouble so not really sure if we can pay something and not go, or if we should go and say this is bullshit (in better terms) or what. im sorry if the answer is obvious to this i just have zero experence in what to do here.

Answer:
 She is charged with a crime, and the appropriate response is to hire a lawyer to represent her.

Unfortunately it does not matter if it was an accident. Literally everyone who does steal in a similar manner claims to have spaced and forgotten to pay for something. Going alone and claiming it is bullshit, in any terms, is a terrible idea.

She should most likely be eligible for what is called a diversion program, in which she pays fines and is on probation for a period of time. At the end of that period, her verdict is set aside and she will not have a conviction on her record.


Title: Bedbugs in CA

Question:
Location: California.
Second/top floor Apartment for three years.
Note: We have never experienced bedbugs prior and no new furniture has been brought in. We never have guests in our room and don't travel. We own 1 dog.

At the end of February, we discovered Bedbugs. We immediately reported them to our manager. Two weeks later, the manager got in a company that performed a heat treatment and we complied with their instructions on how to prepare. However, we had some problems with the company, they also promised encasements that never happened (it is written in the form that they were supposed to put them on the beds). The windows in the bedrooms were also left open on the day of the heat treatment. They were also supposed to vacuum and never did. It was literally a young kid doing the entire thing.

They had a really old dog come in and "sniff" the apartment. They said it found no live bugs.

Three weeks later and we found live bedbugs in the living room and in the bedroom where the window was left open during the heat treatment. After fighting for over a month, the manager finally got the exterminator group to honour their 90-day warranty. They came in and did ONE spray.

After the exterminator states that they found bedbugs in the outlets. The kicker is that the exterminator also says we refused to comply because books/dvds were not removed from shelves. They never mentioned this to us in the pre-walk and written instructions state to ONLY move bookcases out a few inches (about 6").

As you can guess that it failed too and we found out why. The bugs are hiding in the gaps where our ceiling and walls meet. There there's a 1cm gap where they are hiding in both bedrooms and the living room. I took photographic proof the bugs and submitted them in an email over a week ago. I've saved a copy of the e-mail I sent to her 5/18/18 with the photos of the bugs.

The bug company says we failed to "comply" and refuses to help. Owners refuse to pay because we failed to comply.

We do not qualify for legal aid and can't afford a lawyer. I believe our only real option is to go to the health department.

Our manager is treating us like criminals. We only have "their word" there have been other apartments in nearby buildings that have had them recently. One in a building next to ours had a treatment within weeks of our first heat treatment and the maintenance moves between all buildings and all apartments. The manager has not checked adjacent apartments for bugs.

I'm covered in bites and I'm coughing whenever I go into one of the bug rooms. I've taken pictures of my bites and those my parents are getting too. I'm waking up in the middle of the night with nightmares of pulling over a blanket only for there to be hundreds of them crawling everywhere...

I'm worried about being held accountable if the Health Department finds bugs in other flats of our building or the manager not renewing or even ending our lease.

Answer:
 California law requires that the LL remedy the issue immediately upon discovering it.  They can recoup these costs from you of course if they demonstrate the infestation originated in your unit.

After all of the back and forth, what is their position on remedying the issue?  The bedbugs are still there.  So what are they saying?


Title: Ex-girlfriend possibly could lose nursing license. Need advice

Question: I met my ex girlfriend while I was in a drug inpatient program. She was a nurse there.  I’m in a program(supportive living) and just got a new counselor. We tell our life story to them and I told them how I met my ex girlfriend in rehab that she was my nurse etc.  yesterday he told me he reported it, and that I have to talk to an investigator today. Am I legally obligated to disclose anything?  I am not with her anymore, but she has three kids and I do not want to jeopardize her future and maybe cost her her license.  I have to meet with the investigator today.  Thank you for reading and any advice I can get.

Answer:
 You don't have to tell them anything, but that was predatory on her part and the investigation is going to proceed even if you don't talk. Answer #2: Something to consider is that *she* jeopardized her future by engaging in a relationship with one of her patients.  You did not cause this.  You could have been busted by anyone at almost any point in between then and now, and if you weren't busted by this point it's likely only because your ex took steps to conceal the relationship from the people she knew would have a problem with it.

This sub is never going to advise you to lie to or hide from an investigation, so you're likely on your own with this problem.

All I will say is that if you do talk to them, don't lie.Answer #3: I don't know the circumstances of your presence in drug treatment -- it's possible that if your presence is the result of a plea bargain you are required to cooperate with the treatment program, and that requirement might at some point be imputed to cooperation with investigators in the circumstance you describe.

Apart from that, or a subpoena from a grand jury, I'm not aware of any legal obligation you have to speak to investigators. If you choose to speak to them, you must tell the truth.


Title: "Friend" has stolen our car.

Question:
Yesterday at 11 in the morning my friend of 3 years borrowed the family car. He was supposed to return at around 12:00 am so my wife could go to work. He did not show up. After hours of worrying about HIM we finally came into contact with him at around 3 in the morning. He said "I'm very sorry, I've been sleeping all day. I'll be back at 11 in the morning tomorrow". He did not show up. I am currently in contact with his parents and am wondering if I should get the police involved. My wife is worried and my 15 year old son with a serious anxiety issue are extremely worried.

Please Help.

EDIT: Sorry for the misinformation. He actually took the car Sunday and it is currently wednesday. We have asked him where he is and where the car is but he has not answered.

Answer: I'm pretty sure this is a civil matter and not considered theft. You gave him the keys to your car so it's not stolen is it? He just hasn't returned it. Civil matter, not a police matter.


Title: Avoiding Structuring

Question:
Texas resident here. I have been dabbling in manufactured spending recently to get sign up bonuses for credit cards. Over the last two months I have bought $1-2 thousand of gift cards at a time, purchased money orders at the grocery store using the gift cards, and deposited the money orders into my bank.

This most recent time I did two runs to CVS, purchasing $2 thousand in gift cards each time. Both times they asked for my id and scanned it, which I thought was odd. Ok whatever I go about my way.

Then I go to buy money orders. I normally just buy money orders of $499.31 as separate transactions (using a $500 gift card for each transaction). After the first transaction I asked for more and she wouldn't allow me to continue stating that there was a "scam" where people and buying money orders with gift cards.

The word scam got me a little uneasy, so I went and did some research for possible wrongdoings. I came across Structuring. I don't believe I've done anything wrong so far, but I want to make sure. So here are my questions:

1) Have I done anything wrong up to this point?
2) I now have $3,500 in gift cards that I'd like to liquidate. Can I take them to a different store and buy money orders or would that be a bad idea?

Answer:
 The scam in question is the whole family of "cash this check and send me the money via western union" things, not structuring. Your money order retailer was checking if you were aware of them, because falling for one means you have to get your money back from the scammer, which never happens.

Structuring could be a concern. Structuring your deposits would be intentionally depositing amounts that would otherwise qualify for a CTR (usually, any deposit worth $10,000 or more) in such a way that the bank would not file a CTR. Avoiding that reporting requirement is a felony even if the money itself is completely legitimate.

Avoiding structuring is easy: just make big deposits normally and cooperate with the reporting.

"Manufactured spending" is defrauding your credit card issuer, incidentally.


Title: Upstairs neighbor has hardwood floors, causing psychological damage (Really)

Question:
Northern New Jersey (Bergen County)

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I've lived in my condo for 18 years. Bought it when I was 24 and might be forced to sell due to upstairs neighbors. They have hardwood floors. The building is made of concrete slabs and every sound travels directly down to my unit. Urination is the one thing that is causing real damage. Every time someone in a family of three pees, I hear it.

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My question is, what type of lawyer can I contact for help? I'm not sure where to start. Below are some facts:

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* The bylaws state that "Unless expressly authorized by the Board in each instance, not less than 100 % of the floor area of each unit (excepting only kitchens and bathrooms) must be covered with rugs, carpeting, or equally effective noise-reducing material."
* The people living in the unit above me are renters. They've been there two years.
* I have spoken with the renters and the owner of the unit. They will not cover the floors with area rugs and are quite aggressive and angry that I even asked. They will not work with me, even though I tried my best to express how terrible the situation is.
* I know it sounds crazy, but the constant stomping, urination, fornication and even defecation I hear is causing true psychological damage.
* There are other units in the building that also have hardwood floors. The landlord seems to think this makes everything OK.
* My own unit has wall-to-wall carpeting, with the thickest under-padding available.

I understand that a lawyer will cost money with no guarantee of a positive outcome, but I feel I need to make the investment to try and save my home. I appreciate any advice. I probably can't spend more than $3,000 on legal fees. I don't want any compensation, just for them to be in compliance.

Answer:
 First off, if they are not going by the board rules, then you should go to the board.

However, the part about the urination doesn’t sound like it’d be solved by them putting carpeting in. You can’t just tell them not to use their bathroom. I don’t know why you all of a sudden started hearing this from them specifically. If you can’t handle hearing someone in the unit above you going to the bathroom, then the solution would be to move somewhere you wouldn’t be able to hear itAnswer #2: You definitely should go to the board about the violation of carpeting, although the owner of the unit may have gotten or may get, express permission to not carpet, which would leave you without remedy.

Another possibility is reworking your ceilings and possibly some walls to incorporate soundproofing materials. This would be on your dime, but at least it might allow you to stay there. You could also investigate noise cancelling technology which is out now. It may be able to provide some relief to  your bathroom situation.


Title: IA- In Iowa we can party hunt. Is it legal to have a felon walk through the woods to push deer to someone who possesses a firearm (assuming they dont carry or have a deer permit and are just hiking)

Question:
Have felon friends who would like to help us hunt...

Edit: This really turned into a good discussion. Lots of things to consider. I ended up calling the CO and leaving  a message. No answer yet.

Answer: IANAL, but as long as they don't ever touch or "possess" the firearms or ammunition, they should be good.  That said, those felons are walking a tight rope.


Title: (OH) Rent increase because of baby?

Question:
Our apartment complex manager says our monthly rent will increase or that we will be charged additionally once our baby is a year old. Is this legal in the state of Ohio?
Topic:
Landlord Tenant Housing

Answer:
 My landlord tried this in California.

When I filed to fight it with the housing board, I showed up to court, (she didn't, of course) and the judge called me up first of about 30 people and had me state briefly what it was about.  Lots of quiet gasps and tongue clicks of disapproval from the room.

Then he said he pulled mine to be first because it was so ridiculous and easy to throw out.

The whole room laughed - my landlord's attempt was LITERALLY laughed out of court.

Fight back. Good luck.


Title: Landlord Illegally Evicted me/Changed my locks

Question: So I come home to my locks being changed last week. I was not evicted, have not gone to court or been asked to go to court. I immediately call the police and go to my friends house. They called the landlord informed them that it was illegal and they changed the locks back. I have multiple calls and voicemails and emails that show the landlord harassing me.I went to the home the next day to pack my stuff, it appears nothing was stolen but apparently the landlord told my neighbor to call the police if they see me as I was "trespassing". I had 3 officers come to my home at 11 PM asking me to verify if i lived there. This freaked me out even more as I struggle with anxiety issues.  What do I do from here? I move out in 2 weeks which is the soonest I can.

Answer:
 Make sure you have a printed copy of your lease and your ID on hand in case the police show up again.

If your lease expires soon, just move out ASAP. Keep an eye out for your security deposit, and if there are any improper deductions (or it is never returned) sue the landlord in small claims. At this point, though, there is not a whole lot you can do except get out.


Title: Life in danger would appreciate help (NJ)

Question:
Tbh this isnt about me, its about a friend and she's very scared. Lets call her C.I'll try to explain this as best as I can.

C and a man had a child. The relationship was abusive.There were multiple incidents. One incident resulted in the cops being called to the scene while she was being choked out by the father of her child. A restraining order has been put into effect.

He has since moved to another state. If this has not been made apparent, he has behavorial disorders . He would call C and say he wants to see their child, and then ask about her personal life( like who she is seeing romantically). He would say he loves their kid one moment , and disown her the next moment. He would then proceed to threaten to "fuck her up" when he sees C. On social media, he tells other people to not compliment her because" that is still my girl".l, yet in reality, he left her for another woman and got married.

I am not sure if he pays child support. She said something about social security and he can work around it or something because of his disorders? Im not sure, but i know he has not sent any support to C.

Recently, he has told C that he is coming up to visit NJ.

She is terrified. Because of the courts and proper filings, he knows where she lives, where she works, and were her grandparents live. She says she has been recording the phone calls, but in court they can switch it to make it seem like she is provoking him.

Lastly there are his friends. She says they do whatever he says because they are scared of him. So she is afraid that he may go to her job and beat her up or send his friends. And if she does not get beat up at work, she will get caught off guard somewhere else.

C is a very very sweet girl. From what i can gather,she probably thinks she deserves all of this. Not to exaggerate, but i think he may try to coerce her into sex. I feel in a private setting he will absolutely attempt to rape her. There are so many things going on in her head , I cant even imagine.

Im a man. I am willing to protect her, but I would rather do it legally and peacefully so that maybe he can get the message and just leave her alone.

Anyway, please please please help. Any advice is appreciated. She is located in NJ. Removing him from her life and their kids life would be optimal.

What is their for her to do?

Answer:
 First off, if there is an order of protection in place he isn't supposed to be contacting her, so she needs to report that every time.  Second, she cannot initiate contact with him, and shouldn't contact or reply back - even on social media if an OOP is in place.

>but in court they can switch it to make it seem like she is provoking him.

That doesn't happen unless she is provoking him, and again, this shouldn't be happening if an OOP is happening.  She should move, so he doesn't find the address, but until then call the cops anytime something happens, and absolutely inform her boss and family of the potential issue.


Title: Try #2: I think I might have an FLMA lawsuit

Question:
I was out on FML and when I returned I was not returned to my position and a year and 1/2 later they are trying to dock my pay 23% because my new position just doesn't get paid that much.  Do I have a case?  I am still within the statute of limitations in my state.  (Indiana)
Topic:
Labor Law

Answer:
 So you returned to work at an "nearly identical" position now a year and a half later they are reducing your pay? Do you have any evidence at all this is tied to your FMLA from over a year ago? Returning from FMLA leave does not mean you can never be demoted or have your pay reduced; it just means it can't be because you took FMLA protected leave. I am highly skeptical you have any case but you could certainly consult with a labor attorney.Answer #2: Was the position they returned you to "nearly identical or equivalent" to your previous position at the time you returned to work?

Without more details, it's quite impossible to say whether changing the pay one and a half years *after* you returned to work can still be tied to your FLMA leave.

Give the US DoL a call: http://kb.dol.gov/DOLArticlePage?agency=WHD&parentCatValue=&article=ka0i0000000KUprAAG


Title: Change somebodys wifi password without permission

Question: [deleted]

Answer:
 Don't.  That's trespass to chattels, for which they can sue you for any damages caused, plus the cost to remedy.  It is almost certainly chargeable under many computer crime statutes, which are incredibly broad.  INCREDIBLY INCREDIBLY BROAD.

If proof is found, you could end up guilty of several felonies and owed that person thousands of dollars.


Title: Can I commit credit (debit) card fraud to myself?

Question: [FL] Okay so, I unknowingly signed up for a certain subscription service that charges me $19.99. I only found out 3 months after because I don't check my card statements much, so by now I've forgotten whatever these purchases were but I thought it was sketchy... So I called my bank to dispute the charges, and apparently this sounded like credit card fraud and so they need my help to investigate and prosecute whoever was committing 1st degree misdemeanor. I only remembered these purchases after filing the dispute, so should I let them know that it was an authorized charge or will nothing happen since I was the one who "committed" the fraud against myself? Sorry this sounds silly as hell.

Answer: If you let them know before they find out themselves, no crime was committed. If you wait until they find out what it is and get the credit auth you signed or filled out, it might look like you were trying to pull one over on them.


Title: Ex of 2 years is driving me batty. Do I have any options?

Question: [deleted]

Answer: Call your local domestic violence resources.  You might have enough for a restraining order or even stalking charges, depending on how local law enforcement deals with this stuff.  If you don't call the cops, you aren't creating a record.  You definitely should have called last night.


Title: Leasee wants so improve my property

Question: I have a rental property that has had the same leasee for over ten years now. They are not the best tenants and have caused a fair bit of damage to the property over the years but I have other reasons for wanting to allow them to continue. They have recently asked if they could make some improvements to the property to repair some of the damage and I would like to let them but I have a concern. If they were to sign a contract with a contractor and then failed to pay them do I have any liability to the contractor for any work he's done? I am assuming that I am merely an incidental third party beneficiary in this scenario but I didn't know if there was specific law relating to property owners that would apply. Obviously the lease already states that they can make no repairs or changes without my express approval in writing.

Answer: The contractor could place a LEIN on the property. You should collect the funds from them based on an estimate and hire the contractor yourself. That way you can ensure their bonded, insured, and legit


Title: Can landlord make you sign with a guaranteer?

Question: [deleted]

Answer: It is legal. If she cannot find a guaranteer, the LL could decline to rent to her. If you do this for her and she doesn't pay her rent, you will be legally responsible to pay the rent, and can be sued in court if you do not. You don't have to do it, but know the legal implications if you do. Answer #2: Yes it's legal. However, it's usually because something in the applicant's credit history tells them they shouldn't trust their ability to pay rent on time, so you might want to think twice about doing this for her.


Title: [VA] I was removed from my tip pool and my tips have gone to cooks and dishwashers

Question:
So I quit my job and when I went to go pick up my check today, a manager told me I wasn't eligible for tips because I quit without notice and it was common policy. I never signed a pre employment agreement that said such.

From what I've gathered from the Virginia wage code, it doesn't say anything about an employees right to the pool if they quit, but I have like $200 in the pool and I made the majority of the tips. Also, I learned that you're not allowed to tip out dishwashers and cooks, which my establishment has always done. I was wondering what my options were and what I should do. Approach them or wait until 1/16 when campus legal services are open again.

UPDATE: contacted the Virginia Department of Labor who referred me to the US Department of Labor over tip violations. Thanks all!

Answer: Make a wage claim with your department of labor.


Title: Just got arrested for OVI

Question:
So I just got released from jail and here's my story.   Sorry for shitty text and grammar but I'm on mobile and exhausted.

Never had an OVI before.  Back in 2005 I got pulled over for OVI suspicion and had it reduced to reckless op.  At that time of arrest my only words to the police were "I'm not refusing the breathalyzer, I just want to speak to my attorney first.    It worked, for the most part.

Fast forward to tonight.  I'm leaving the local sports bar, and I've had 2 23oz beers over a 3 hour period.  I get off the freeway exit on my way home, and moved into the right turn lane that was not the one I needed to be in. Turn signals used and everything.  I immediately realize I'm in the wrong lane, and get back into the correct one, safely and legally.   Cop behind me decides to pull me over for a lane violation.  I agree to the sobriety tests, but he fails me on the heel to toe walking test.   I'm 6'1 275 lbs, so this test is no easy task to complete correctly, as I pointed out to him before I started.   After failing me, he takes me to the police station.

Once I'm at the police station, he's trying to talk me into the breathalyzer.  I go with the "I'm not refusing the test, I want to speak with my attorney first" line.   He then proceeds to instantly tell me "you aren't going to be playing the same games you did in 2005, you're going to jail".   So off I went.  One amazing friend and $750 later, I'm released with a 10am court date tomorrow.

What do I do?  I also forgot to mention the fact that I wasn't read my Miranda's until I'm already in the back of the cruiser in cuffs, about halfway to the police station.  Not sure if that matters.

EDIT:  I'm in Ohio.  Sorry

Answer:
 >"I'm not refusing the test, I want to speak with my attorney first"

You can say that all you want, but your right to an attorney does not apply to the post-arrest breathalyzer.  This is something you agree to submit to when you sign up for a driver's license, stating that you agree to submit a breath sample if arrested for DUI.  See [implied consent.](http://en.wikipedia.org/wiki/Implied_consent)

>What do I do?

You drove drunk and got arrested.  The fact that you said what you said last time and didn't get arrested probably means you were borderline and the officer didn't feel there was enough probable cause to arrest you.  This time you were likely not so borderline.

>I wasn't read my Miranda's until I'm already in the back of the cruiser in cuffs, about halfway to the police station. Not sure if that matters.

It doesn't.  You only need to be read your rights prior to any custodial interrogation or questioning of an incriminating nature.


Title: [Housing] Can a landlord legally rent an unsafe house - asbestos in walls and ceilings

Question: I'm a college student looking to rent an apartment with 3 other friends, and we found a place we really like, except we found out it has 'popcorn ceilings' that contain asbestos. We asked the landlord about it, and he said that the walls probably contained asbestos as well, but since we weren't planning to break open the walls it should be ok. He said that we shouldn't touch or poke the ceilings as well. I know that asbestos is usually ok if contained, but I just wanted to get some advice on whether its safe to live in home that contains asbestos in the wall or ceiling. Legally, I don't think the landlord is required to remove or seal the asbestos, but he shouldn't be able to rent it if its unsafe, correct? What's the best way to get about this? Should we ask for the walls/ceilings to be tested to make sure the house is safe? The previous tenants didn't seem to have a huge problem with it, but we're not willing to risk our health. However, finding housing here is extremely difficult and hard to find/expensive and we're nearly approaching the deadline. Thanks.

Answer:
 > but I just wanted to get some advice on whether its safe to live in home that contains asbestos in the wall or ceiling.

Living in a home with asbestos is generally safe.

It's working with it (cutting, sawing, demoing, etc.) and then inhaling the particulates without filtration that's dangerous.

This is why most of those "if you or a loved one" lawsuit commercials target the workers who worked with the stuff, not the homeowners who lived in the stuff.

Also, just because it has a popcorn ceiling doesn't mean it automatically contains asbestos.  Some popcorn ceilings do; others do not.


Title: [MN] Me and my family got hit by a semi that ran a red light.

Question:
So me, my wife, and my two daughters were on the way to my job when we got hit by a fully loaded semi truck doing 50 or so Mph. The truck hit our van in the rear driver side, right around the tire. The van is totaled, the family is uninjured. My daughters are 2 years and 3 months old.

The truck driver ran the red, I know this for sure because the guy got a citation for failure to stop, as well as 8 witness statements to the police saying so. I have pictures of the van as well as every number on the truck i could get. Like I said no injuries but my wife is saying she doesn't want to drive anymore which is a real problem because I don't have and can't get (for medical reasons) a license.

Basically what I am posting for is a general what do I do now? Do I file the insurance claim first or talk to a lawyer? I have zero money, would one take this case for a cut of whatever we get? How much could we get?
Topic:
Insurance

Answer:
 >Do I file the insurance claim first or talk to a lawyer?

Speak with your insurer and file a claim.

Make absolutely sure that you are uninjured. If something pops up you want documentation closer to the time of the accident showing that the accident caused it.

Your insurer will contact the other's drivers insurance with the information you provided and move towards resolving this.

You will likely get the market value of your car.


Title: MA, question about tenant law when renting a room in your own home

Question:
Hi, I have a problem. We have a large victorian and we normally rent a room or two to friends. We just had a roommate move in from CL (at beginning of Sept) for the first time ever - he was told clearly it's a low/no alcohol house, and that having a guest a night or two was fine, but not every night.
He immediately starts drinking alcoholically, leaving bottles around, etc. Drinking like, 18 beers a night. We have a young child and I'm not ok w/ this at all. He also meets a waitress and has her stay over the next 12/15 nights. He is also late on rent and owes us. We told him a couple weeks ago it wasn't working, he said he wanted to stay here, loved the home, would stop drinking. We decided to give it a month and reevaluate the fit. The behavior continued/worsened and two days ago we told him he has to move. The conversation got pretty heated, he was yelling or talking loudly, and I stepped in and told him he wasn't going to fucking yell at us in our home, and he backed down. But still pretty tense.

Yesterday he declared he needed three weeks, which my husband said 3 weeks max, he needed to find a new place promptly though.

There is nothing in writing. We own the home. We only have two roommates, so we are not a "rooming house". He pays weekly, and is behind by two weeks currently. He does have a key. What rights does he have? What rights do we have? Do I have to serve an official notice to quit? Can I just kick him out? What if he doesn't leave in 3 weeks? Would the police make him?

Answer:
 You need to start documenting everything.
He's legally considered to be on a month-by-month lease.

You need to give him a written notice saying he has to be out. It looks like the least amount of time you can give him is a month.

http://www.mass.gov/courts/selfhelp/housing/eviction-landlords.html


Title: Customers that might be using stolen credit cards?

Question:
Hi, I don't come to this Reddit often. But, this has been puzzling my co workers and I. And I'm not sure what to categorize this, so I thought someone could help me out.
I'm a delivery driver, and at my work one could make purchases online and such. We usually don't ask for ID or cards often unless its highly suspicious, or a its a new customer. One day, these two girls started ordering from an apartment complex and they're rather strange orders. Sometimes just wings, sometimes a whole meal, sometimes just purely drinks!! (Which is rather annoying to drive to a house just to deliver a drink.) They never tip, and they ALWAYS want the receipt to know the balance left on their cards. We've asked for cards and ID proof, but we have yet to see proof. I've asked them myself, and said "Hey, next time were gonna have to see it"...and such and so on, still have not done so.  Over time, the names on the order have not so fitting names, or names that I know is not theirs. (Since I've heard them call each other by their names to come get their food.) Also, each receipt showed to have different card numbers, and once one is maxed out, they simply move on to the next. Also, I'd like to mention they don't just order once, they order pretty much every day, and its always more than one order in a given time. Usually 2-3 times. (Goodness, wasting such money on more delivery fees). Soon, we started noticing different addresses in our area are doing the same. Some having the same name but different addresses, ordering strange things like 5 liters of drinks, different card numbers every time or once one is maxed out, ordering multiple times a day or throughout a span of days, and always wanting their receipts, and not showing the cards or IDs. I have a feeling that they all know each other and have let each other know how one does such an act. Whats also strange, is that once another co worker of mine confronted the two starting girls about it, they gave her a large tip to hush her up, and they did for a while to all the other drivers to also hush them up as well. I don't believe this is right, and my employer, as long as money is going to his business, continues to let it pass. What should I do? I'm honestly kind of afraid to say anything for the sake of my job, and afraid to confront the customers myself. I mean, not only afraid, but I also don't want to turn out to be wrong in case they are not doing anything shady. Is it just me, or does this sound like a crime? Who do I even report it to?
Anyways, sorry for the long read, but some advice or guidance is greatly appreciated. Thanks!

Answer: Your post is way too long. I skimmed it. Asking customers for ID when using a credit card is actually sometimes **not allowed** in credit card processing agreements.  If you have concerns talk with your manager, don't take this on yourself.


Title: Please help me figure out this ticket ordeal!!!!

Question:
To try and make this short… The tags on my car are expired and have been for several months now… The reason: I had to pay 300 in taxes on the car and two parking tickets from a year ago that had my DMV record on hold totaling around 500$. When I was done with this, my finances were falling short as I am a recent college grad and don't have much money to get them done along with the inspection for the car. I believe that would total me around 200 or so.

My problem: My car has been on the street in front of my house for about a month now. I have received close to 8 tickets all for about 30 dollars a piece (which I can't pay for currently either). I continue to get tickets just about every few days and I don't know what to do about it. There has to be something that prohibits the city from giving me 10 tickets for the same thing over and over again.

What can I do? Someone please help me here!!! I live in Baltimore, MD

Answer:
 You realize the purpose of tickets, right? And punishment in general? They're to deter behavior. You've yet to correct your behavior, so they're going to keep punishing you. It's that simple.

Suppose that every morning I walk to my local corner store and steal my morning paper and coffee. Every day they call the cops, and every day they arrest me. Yet, I still go back every morning for that paper and coffee. Why would they stop arresting me when I'm still breaking the law? If anything, they'll start keeping me in jail longer.Answer #2: Is there some reason you cannot just move your car? Park it somewhere that is not on the street? What exactly are the tickets for? They can absolutely keep giving you tickets until you fix the situation you are being ticketed for.


Title: Company posted fraudulent review in my name.

Question:
So (here in Florida) I hired Sears Home Improvement to install a shower and tub/shower combo in my townhouse, and it is not going well.  I could have a Game of Thrones length thread just on the specifics of that, but suffice to say I had water leaking onto my ceiling due to improper installation.  I went online to searshomeservices.com to try and figure out how to post a review.
BEHOLD there is one already there!  By me!  With 5 stars!
I know it is me because it lists my name, town, and a date.  A date which happens to be in the middle of this fiasco.  I am currently trying to contact Sears to have this removed.
My question is this:  Is this considered fraud, is it worth pursuing legal action, and does anyone have any advice for forcing this company to stop blowing me off and fix this issue?

Thank you for any assistance you can offer.

Answer: I don't know, but I know most lawyers will tell you for free over the phone.  That's definitely some BS.Answer #2: Check out this page on misappropriation: https://www.hg.org/legal-articles/fighting-misappropriation-of-name-or-likeness-31086Answer #3: Hiring Sears is a mistake in my opinion. Poor customer service, quality deteriorating.  and any warranty could be void any day if they go bankrupt.


Title: [Arkansas] was charged with 3rd degree battery today. What will happen and how can I defend myself?

Question:
I'm a 27yo male. Have never been charged with anything, never been to court.

- was jogging down new highway and a large weenie dog approached me aggressively

- I push it out of the way with a stern sweeping kick, to ensure it didn't get hurt while keeping my legs safe

- dog owner freaks out, screams at me and demands my name. I tell him "my name is go fuck yourself"

- guy freaks out even more, gets on the highway and aggressively comes at me. I did not approach, I stood my ground. At arms length he does a punch/grab motion and misses. I give him a warning punch right in the nose. He continues to advance and grabs me, and I give him a hard haymaker and he goes down.

- i try to help him up and he gets up on his own, demands my name again and I tell him. He then tells me he's calling the cops and I agreed and told him I would wait on the other side of the road, which I did.

- about 10-15 minutes of waiting, he comes out of his house and shoots a pistol, I presume upwards in the air but idk. That's when my feelings told me to get the fuck out of there, which I did.

- when I got back home, I called the cops and they came over and I told them everything. They took a picture of my hand and told me I was being charged with 3rd degree battery.

- here I am on r/legaladvice. Howdy.

Edit: did go to court for a speeding ticket once, forgot about that
Topic:
Criminal Law

Answer:
 Lawyer. (Criminal defense lawyer.) Now. No more talking to the cops. That’s the only advice anyone can realistically give you.

Not a lawyer.Answer #2: You need to contact a local criminal defense attorney, **tomorrow**. Did you state that you wanted to press charges against the dog owner to the police?Answer #3: NAL but agree with the advice to lawyer up. This dude had a dog off leash, assaulted you, and then fired a weapon in a residential area? Those are all details your lawyer definitely needs to know.

As for the process, look up the criminal court site for your county. There should be information about the courts, numbers for (usually free) legal advice, information on what to expect, and the ability to look up your case once it’s assigned.


Title: I called a law firm [CA?] and expressed some anger and now a police officer wants to talk to me [MO]

Question:
Basically, a scumbag law firm sent me a totally bogus legal demand because I linked to an image they claim to own the rights to. I was mocking someone who dressed up as hitler and "hot linked" the image on my website. It's my understanding they could file a DMCA notice or take it up with the host (imgur) but it's not an issue that I linked to the image. (I did not upload the image)

Anyways, I sent a rather rude (but not illegal) email to this law firm (based in CA with offices in a few other states they claim to be nationwide).

Rather than respect my request for no more contact, someone called my home line. It was lateish in my time zone and I told them I wished they'd shown up in person rather than called since if they trespassed instead of just harassed me I could shoot them.

They apparently hung up and phoned the local police, who I have refused to speak to.

Should I be worried? I thought you can't "threaten" self defense? (Ex: If you illegally come to my house and trespass I will use my MO rights and shoot you isn't a threat since I'm just saying I'll follow the law)

I have been having medicational issues due to some back pain and I think my marijuana + the painkillers produced a weird reaction, could that be a defense?

They emailed saying they are calling the police and that they forwarded the fact I've had my twitter shut down for threats before (which is bogus they misinterpreted me saying I want to fill a room with cement as violent)

Answer: Stop running your mouth. Don't make any statements to police. Get some anger management therapy.Answer #2: That's not threatening self defense. "if you come to my house I'll shoot you" is full on threat.


Title: Someone is claiming i hit their car, when i did not.

Question:
A person is claiming I hit their car when i did not, I never spoke to any insurance company or anything but today i got a letter in the mail from a Credit Collective Services saying i owe $2,234.30. THe claim says I was involved in a car accident (I was not) and that I owe this money. Is this real? It seems sketchy because i have not been in an incident, and it does not even mention my vehicle or anything besides the amount i owe. It just simply states "Regarding Allstate Insurance Company: Amount of the Claim: $2,234.30."

TL:DR Credit collective services says i owe them money for something that never happened

Edit: From USA California
Edit 2: they also gave me no information my myself except for my name and address. I feel like they have no proof of anything and are just hoping to get money.

Answer:
 Do you have full coverage insurance? If so, turn this over to *your* insurance company.

If not, ask for validation of the debt, and be sure to send them a certified letter within 30 days disputing the validity of the debt.

https://www.thebalance.com/debt-validation-requires-collectors-to-prove-debts-exist-960594


Title: Can I sue my aunt for my inheritance? (SC)

Question:
Hey, I was hoping to get some legal advice about my situation. I live in South Carolina.

Mom made a Will in 2004 expressing her Last Wishes to be that at the event of her death all her assets are to be left to her son, me. I was also named as the Executor of her Estate.

By 2011 both dad and grandma have died, she was also diagnosed with renal failure and her health dropped dramatically. I was her only caregiver.

From 2011-2012 I met My boyfriend, I was diagnosed with cancer, he got notification that his grandfather’s health was failing and started making plans to possibly move closer to help that situation out (grandfather lived in CT).

April (I think) 2012 with me sick and possibly moving to a different state (which we later did) mom moves in with her sister and adds her to her bank account. Her sister becomes her primary caregiver. In South Carolina all accounts with added names are made into joint accounts with rights of survivorship automatically.

Between 2012 and 2018, mom and aunt sell their houses and aunt buys a townhome. Mom pays rent and half the bills, she kept a ledger on her iPad. We have documents as to the specific date. At some point during Nov 2017 mom and aunt get into a fight and aunt tries to smother her. There is photographic evidence of the bruises she sustained during this altercation.

May 2018 we move back to South Carolina from Connecticut. Mom seems fine but her health is deteriorating, she seems like she is getting tired of the struggle of her disease. We visit once a week, during the weekends and sometimes witness mom and aunt arguing. One weekend they are showing off their new porch, mostly financed by mom. While boyfriend is outside with aunt, mom confides in me that aunt is only nice to her when she wants money and otherwise treats her like shit.

November 2018, I am concerned for her health and her post-life affairs. I take her out to lunch privately for her 65th birthday to discuss her last wishes. She assured me that her Will is accurate and up to date with her wishes.

End of February, mom goes into the hospital. She needs emergency dialysis, she has a heart attack afterward, she is intubated and placed in ICU. We don’t find out until 3 days later. Aunt starts talking about how she is dying and they need to plan a funeral. I am established as next of kin status to make medical decisions but no official power of attorney. After two weeks of failed attempts to get her breathing on her own, the doctor recommends focusing on her comfort. They felt there is nothing more they can do for her. During these weeks at one point aunt says they need to do their taxes. I say that she can’t because she can’t sign for mom, that she needs to file for an extension. She comes to the hospital a few days later saying that she did the taxes and forged mom’s signature.

March 14th, after 17 days in ICU mom dies at 11:35. Since the focus on comfort decision my aunt, my boyfriend, and I do not leave the hospital. Staying overnight on March 13th. We say our goodbyes and wait together until the funeral home comes to pick her up. During this wait I start discussing what we need to get mom’s affairs in order and start probate. Aunt interjects that there is nothing to probate but her car because mom left her money to her since she is in the account. Boyfriend steps out of the room while we argue. A few minutes later aunt joins him outside in the waiting room asking “why Am I so mad, there is nothing she can do. She has to find a way to pay her bills.”

The funeral home comes and picks mom up, we drive aunt home. An hour later aunt withdrawals ~$100,000 from mom’s account.

A week later we get the death certificates and discover that the bank account is a joint account with rights of survival. The banker tells us we should speak to a lawyer because something looks fishy.

We spoke to the IRS to report that aunt filed her taxes without the legal representation to do so. We also looked at her bank account contract and I feel that the check mark allowing right of survivorship isn’t her’s. You know how some people drag their hand while they mark an x? It makes it kinda look like a fish, with a loop on one side? That’s the kind of mark it was. Mom usually just put a / through the box. I’m currently trying to go through her paperwork looking for other contracts that she’s checked to verify. I think it was prefilled for her and she didn’t notice or understand.

We feel that aunt was only on her account for convenience, to help a sick woman with her living responsibilities and should have no rights to the contents of that account. We feel that any agreements signed were done under coercion because she lived with her sister who verbally and physically abused her and she had no where to go with us out of state, we also contest that any signature might not be mom’s as we have seen my aunt is willing to sign for her when it suits her interests. We also know that all deposits made to that account where in mom’s name only, Aunt contributed to the account in no way whatsoever and there were no commingling of funds. We feel the money in the account should go to the estate and fall under probate.

Aunt claims that she is on the account as part of a sisterhood pack to look after each other in case something happens to the other. All mom’s accounts went to her and all Aunt’s accounts went to mom. But we have found no evidence that mom is on any of aunt’s accounts. And there is no written record of this agreement in her personal belongings but details of everything else are on her iPad.

Current state of affairs: we spoke to a probate attorney and they said because the rights of survivorship was in the account we can’t force it to be turned over to the estate. However after speaking to a clerk at the probate clerk they said we might have a civil suit against my aunt. Is she correct? We don’t have a lot of money, so hiring a lawyer for nothing or too long of a shot will financially hurt us.

Answer:
 People I listen to:  Attorneys with a license to practice law in my state

People I don’t listen to: Clerks who are not licensed to practice law and are engaged in the unauthorized practice of law and violating the rules regarding their employment when they tell me if my case does or doesn’t have merit.

See if you can get some free consults, but a clerk at the court is not a particularly good source of info.


Title: If I own a car, is it legal for my parents to take my keys?

Question:
I turned 18 recently, and live at home with my parents as i'm finishing up high school. Once I turned 18, they took me off of their insurance so I am now on my own insurance plan. My parents are now in no way, paying for my vehicle. I pay my insurance on my own plan. The car is in my name and I payed every cent for it. I pay for gas, and all of the upkeep. I pay to license it. I pay for everything regarding my car and it's in my name.

The other day my parents and I got in an argument and took my keys from me, prohibiting me from driving, and said that they'll give me back my keys when they feel like it.

Since I pay for everything regarding the car, and it's in my name, and i'm on my own insurance plan, can they legally take whats mine from me even though they don't own it? I just find it strange that they can do that when I own the car. Is that legal for them to do?

EDIT: I live in Omaha, Nebraska

Answer:
 No, they can't do that.

But they are also not obligated to provide you food, shelter, electricity, heat, internet, and all of the other things you are likely getting at their house.

So you can live in their house by their rules, or you can be an adult and move out and pay for everything by yourself.Answer #2: No, and you could in theory compel them to return them.

At which point they could cease providing you with financial support. So choose wisely.

If you are willing to become financially independent, you can force the issue.Answer #3: Seriously!  On one hand you want expect them to feed and house you "since by law they have to until you are 19", but on the other hand they should not take your car keys?  I notice you did not give the reason they took your keys, but I have a feeling it was for a good reason and you know it.  By using the technicality of "the law" you are playing semantics to get your way.  Choose carefully how you proceed from here.  Answer #4: You have two options: compel them to return them by force of law since it is considered theft (and be prepared to be evicted), or deal with it.


Title: My dog ate my daughter's friend's shoes

Question:
UPDATE:  To avoid the back and forth that was already starting to take place, and to also avoid giving this girl cash, which was clearly all she wanted, I found the shoes online and ordered her a brand new pair.

I am located in Washington state.

My daughter's friend left her prom shoes in my daughter's room, and our dog chewed on them.  My daughter didn't borrow them, or ask for them to be left on the floor of her room.  The girl just left them there.  That was 2 months ago.

Now she and my daughter have had a falling out, and she is demanding to be paid the full value of the shoes.  They were $100, and she got them for 50% off, so she paid $50 for them.  She is demanding $100.

My position is this.  She was negligent in leaving her shoes at our house.  I don't know if we were required to guard her shoes from being damaged, or if we are responsible for replacing them.

What is my obligation here?  For what it's worth, this girl will not allow us to have them repaired, or find them online and order them for her.  She's demanding cash only AND the shoes back.  What should I do?

Answer:
 She is at most owed the value of a used pair of shoes.  Not the shoes back and $100 cash. Let her know she can either have them fixed by you, Replaced by you(Retailer of your choice), or the cash value of those shoes used.  If she refuses let her know these are her choices. If she does sue show up to court and tell the judge you gave her these options. Make it in writing as a text, email etc for a paper trail. Ignore debating, just keep asking what is her choice.Answer #2: The value of shoes bought at $50 but worn at least once (so less $$) is probably more than the cost of filing for small claims. Tell her to go for it and take you to court (or toss her $25-35 if you feel sorry for her ) *and* your daughter gets to keep the chewed shoes.

If she (the friend) doubts this is okay tell her Washington has many free and low cost lawyers available for consultation and she is welcome to go consult them.Answer #3: She leaves property at someone else's house for weeks and it gets damaged? She can go pound sand. Now is a great time to learn about adult responsibility. Even if they were on good terms, your daughter shouldn't be paying more than the cost of the shoes to replace or repair them.


Title: [TX] My nephew is being accused of rape by a fellow student

Question:
Hello, Legaladvice, I'm posting here on my new Reddit account at the suggestion of a friend.

I have a 16 year old nephew that we will call Tim. Tim goes to a high school in which a girl who we will call Becca also goes to. Becca and Tim have never gotten along due to a situation regarding Tim seeing Becca bullying other students behind teacher's backs and him reporting it. The teachers shrugged him off, from what I heard, and told him to stop spreading lies.

The day after this Becca's family apparently went to the police with a hysterical-looking Becca, who claim that Tim raped Becca after school the day he complained.

My sister and her husband are terrified that this accusation could ruin Tim's life, and Tim himself has been detained by the police, leaving them in hysteria.

I need to know for my sister and my BIL: Is there anything they can do to help prove Tim's innocence?

Topic:
Criminal Law

Answer:
 1. Tim needs to stop talking to the police.

2. Tim's parents need to hire him a defense attorney RIGHT NOW.

That is the best (and only smart) plan.


Title: A buyer on amazon is trying to scam me, what can I do?

Question:
Last year around November I sold a 2nd hand book on Amazon market. Even though the tracking number says he received it on time, he claims that he did not receive the book at all. He then went on to request a charge back with his bank. After months of emailing and phone call, his bank denied his charge back because I was able to provide the tracking number. Now he is after me again because he magically received the book and wants a return. What can I, should I do?
I'm in Arizona

Answer:
 Hi! Amazon seller here.

You can deny the return because it's outside of the extended holiday return policy.

The buyer is not eligible to file an A-to-z Claim because they already filed a chargeback and lost.

I would (politely as possible) tell the buyer their return request is outside of the return time-frame, and that you will not be able to assist them further.

OR, you can accept the return: the buyer pays for return shipping, and you withhold original shipping charges and a restocking fee of 50% the item's price. (this is because the return is outside of the return time-frame, and it's likely a buyer remorse return.)

This is all in-line with Amazon 3p seller policies.


Title: My mom was charged 2000 by Priceline.

Question: She’s very upset, I’ve never seen her so anxious before. Priceline is on the phone ABSOLVING themselves from any sort of blame. They are trying to pass this problem onto the credit card/bank and being incredibly shitty about it, relaying that only a 300$ charge shows up. How can we get this money back? This is horrible

Answer:
 What is the charge for?  Did she rent a hotel and get overcharged?  Did someone steal her identity and charge something?  Had she made a booking, then wanted to cancel?  Was she looking at rentals and just randomly got charged?

Where are you located?

We need more details.Answer #2: Dispurthe charge with the credit card company and show them the confirmation email with the $300 amount.


Title: California-Friends baby's mama has a court order to not take their child out of state. She moved to Colorado out of the blue. The police said there was nothing they could do as she had already left the state. Who should he contact next, if police are unwilling to help?

Question: He called the local 911 24 hours after finding out, which was about a day after finding out what had happened. I told him to contact family court in hopes they will let the judge know what has happened. The mother has 90% custody. Does he even have any options?

Answer:
 >The mother has 90% custody.

Not for long, lol. I'm no judge, but ignoring a court order sounds like a good way to piss one off.Answer #2: I would think that he would need to call the court to inform them that she violated a court order and go from there. Does your friend have an attorney? He should also contact that person. I don't think that calling 911 would help at all, that is the emergency line and they have jurisdictions. Unfortunately, that is really all he can do.


Title: Pharmacy throwing patient info away in the garbage (WA)

Question:
Throwaway because reasons but I love this sub and read it daily (probably more than I should) and have learned so much. Hope you guys can help with this.
(Also 1st post disclaimer so if it's formatted wrong, I'm sorry.)

I recently started working at a tiny pharmacy in a tiny town in WA. It is not a "regular" (Walgreens type) pharmacy. They make personalized medications and also do not bill any insurance at all. I have worked in many other pharmacies/medical places and all of them have treated anything with any patient info as protected and put it in a separate garbage to be shredded. This place does not. We throw everything, no matter what's on it, in 1 garbage that gets taken out to an easily accessible to anyone dumpster. I'm talking about full prescription labels with name, address, phone, dr, drug, directions, etc. They also write the last 4 of the credit card and CVV on the same paper so that also goes in the garbage. As well as any notes like a temp different address or "card declined" or spouse's name.

I am INCREDIBLY uncomfortable with this. If I was a patient and found out my pharmacy was doing this, I would literally never fill there again and tell everyone I knew what they were doing. I think it's a huge breech of trust. I asked my boss why they do that and she said because they don't bill any insurance, HIPAA doesn't apply to them so they can disposed of it however they want. I'm sure she knows the rules but there has to be something that says it's not ok but I'm not familiar enough with personal information disposal regulations.

LEGAL QUESTION- Is there anything I can show her to say "no, you can't do that"? I like my job but I'm so uncomfortable with this and actually might quit for this reason. You can't tell a patient "trust us, we'll take care of you....but don't look while we give access to your medical info to any bum who wants to dig through the garbage."

Tl:dr pharmacy doesn't bill insurance and throws away PHI because "HIPAA doesn't apply". Is there anything I can show my boss to say "stop being dumb?"

Thanks in advance for any insight!

Topic:
Healthcare Law including HIPAA

Answer:
 Your boss is almost certainly violating state law.  Washington state requires records to be kept confidential.  That can't possibly allow for disposing the records in this way.

My wife is a WA-state pharmacist so this question just got me a 30 minute lecture in a horrified voice ;)

See this fact sheet (PDF warning) http://c.ymcdn.com/sites/www.wsparx.org/resource/resmgr/imported/WPLawUsersGuide2010.pdf.Answer #2: It is against the merchant agreement with ALL card companies to record or store the CVV number in any form. Answer #3: Suggest buying a shredder. They aren't expensive -- certainly less than retaining a lawyer should someone decide to sue for this.

Edit: here is a good presentation of hipaa and how it pertains to pharmacies

http://www.cecity.com/ncpa/2012_projects/hipaa/flash/print.pdfAnswer #4: It's a jerk move, but I think she may be correct, though rather because the information is not being transmitted electronically, not because they don't bill to insurance: https://www.hhs.gov/hipaa/for-professionals/covered-entities/index.html

 Can you please use the question and answer tool on that page and let us know what you get?


Title: [MA] 31 MPH Speeding ticket on a highway, need advice.

Question: As the Title says I was ticketed for going 86 in a 55 zone on I-29. I was moving to get out of the way for a truck to enter my lane and then a few seconds later passed a cruiser pulled over on the side of the road where the officer pointed at my car and indicated for me to pull over. Speed was detected with Lidar and the officer ticketed me for 315 for speeding and gave me a warning for inspection. I was on my way home from school and told the officer that. I'm 19 and this is my first ticket, is there any way that I can have this reduced, is this even worth challenging, how will this affect my insurance, and will the warning for inspection come into play at all if I do challenge. Overall please give me your best advice on how to proceed in my situation.

Answer: You can always go into court and ask the judge to go easy on you. The "moving to get out of the way for a truck" excuse is pretty laughable. You slow down to let people in, not accelerate another 31 mph.


Title: [Delaware] Can I use the word "Delaware" in my business name?

Question:
I am looking to start a small business and would like to use the word "Delaware" or "DE" in the name as that is where I am located. Am I allowed to file a business with that name?

Thanks!
Topic:
Business Law

Answer:
 California Pizza Kitchen

New York Times

Texas RoadhouseAnswer #2: Something like "Delaware Dry Cleaners"?

Sure, you can file for a name like that.Answer #3: As long as there isn't another buisiness with the same name as your and in the same industry, you're fine. The test here is "would a moron in a hurry confuse you with someone else?"

No moron is going to think you are the Delaware State government supplier of cuddling services and novelty snuggies.


Title: Is it legal for my employer to change my employment after two months from salaried with benefits to hourly with no benefits?

Question:
I work in New York City and was hired with four other employees through a recruitment agency. Three of them were fired after 1-2 months of employment. The remaining employees were told their employment would be changed from salaried to hourly without benefits.
Are they allowed to change our employment like that?
Below is my offer letter that I signed to join the company. (Excluding any person information.)

"We are please to conditionally offer you employment with ---Company---.
We would like you to start ---date---. Your initial position will be ---position--- reporting to CEO. This position is a full time position with regularly scheduled hours of 40 per week. 9:30am to 630pm Monday through Friday.
Your weekly salary will be ---$---, subject to appropriate tax withholdings and deductions, payable to accordance with the company's normal payroll cycle. In addition, you will be eligible to discretionary bonuses. As an exempt employee, you will not be entitled to overtime pay and your salary is intended to cover all hours worked including any hours worked in excess of 40 in a workweek. The Company processes payroll on a weekly basis with pay days on every Monday.
During your employment, you will be eligible for employer benefits consistent with the Company's practices and in accordance with the terms of the  applicable benefit plans as they currently exist and subject to any future modifications in the Company's discretion. These benefits currently include health insurance, paid time off for 14 days of vacation per year, 40 hours of sick time per year and certain designated paid holidays.
During your employment, you will be subject to all of the policies, rules and regulations applicable to employees of the Company, as they currently exist and subject to any future modifications in the Company's discretion including, without limitation, maintaining as confidential proprietary information of the Company shall extend beyond termination of your employment.
Your employment shall be "at will", and as such will be free to leave your employment with the Company at any time. Similarly, the Company may terminate your employment at any time for any or no reasons, with or without cause or notice. At-will status only may be modified on an individual or collective basis via a writing signed by ---lawyer----.
By signing below, you acknowledge, represent and warrant the Company that you are not now under any obligation of a contractual nature to any person, business or other entity which is inconsistent or in conflict with this letter or which would prevent you from performing your obligations for the Company.
 Employment with the Company is contingent upon your successful completion of all the Company's lawful pre-employment checks, which including a background check.
This letter is merely a summary of principal terms of or employment offer and is not a contractor employment for any definite period of time. This letter supersedes any prior or subsequent oral or written representation regarding the terms of potential employment with the Company. By signing below, you acknowledge that you are not replying on any representations other than those set forth in this letter. "

Answer:
 It is legal, but OP this is all a sign that they're running out of money so Id be wary of them in generalAnswer #2: Were you making under $47,476?  Then the DOL change to the exemption threshold is what's turning you non-exempt, not your employer.  Most people in that situation will be going to hourly pay.

However, the benefits call is up to your employer.  Whether you stay with the job in light of the benefits change is up to you. (IANAL so can't say if that letter would form a contract, but they can't break the law to keep you exempt regardless of the contract, and just benefits are unlikely to be worth suing for in most cases.


Title: [TX] Falsely accused of giving someone an illegal substance.

Question:
Throwaway for obvious reasons.

I'll keep it short and quick. Someone I know has been caught with an illegal substance. I have absolutely nothing to do with it but that person told police I was the one who gave it to them, which is absolutely false and there is no evidence of me providing anything of that nature to him. I still live under my parents house and am not legally an adult, I have no history with the police and have a good reputation with my school. My father is a retired state trooper and I have been taught very well in these matters.

Here's the problem.

About a week or two ago I had fallen into a very depressive state and was extremely suicidal and even developed a plan to take my own life at the time. I had been peer pressured into vaping by a friend and I did it for maybe a week, but I have given that up and never touched it again. While there is no paraphanalia in my rooms, there may be reminants in my system. While I no longer do it, nor plan to do it again, I'm afraid that I will be prosecuted for this action that I did without thinking and was more emotionally driven by a suicidal nature.

What are my options from here on out, the police have not yet contacted my parents as this just happened. But I plan on telling the police the truth and why I did what I did, but I fear being prosecuted for a mistake I made.
Topic:
Drug Possession

Answer:
 >  But I plan on telling the police the truth and why I did what I did

This is a horrible plan.

If the police contact you, decline to answer their questions.  And, decline to submit to any drug tests or anything else without a warrant.  Tell them that you will not be answering any questions or submitting to any tests without a attorney present.Answer #2: Why would anyone care that you were vaping? Even if it was filled with illegal drugs, it isn't illegal to have drugs in your system. Don't talk to the cops, demand an attorney before answering questions, and get help (read: actual, professional help) about the suicide.


Title: Broken back, broken bank, health insurance, and how to proceed

Question:
Hi, all, I'm a new US poster who was told to come here to ask for your bountiful wisdom. Last year I was in a major car accident on a treacherous road in the middle of nowhere on my way home from visiting family. I sustained an injury to my lower back and was taken to the nearest hospital. The best the rural hospital could do was ascertain that my spine was fractured. (Please note I remember little of this; I was heavily sedated and in shock because spine fracture and this is from my spouse's account.) The doctor told spouse that they needed to get me to a bigger hospital with a trauma unit to ascertain how bad the fracture was and if it needed surgery. They told him they'd fly me to the nearest such hospital 400 miles away. We flew.

Long story short, thank goodness it didn't need surgery, and after long months of physical therapy I'm getting back on my feet. The bad news is my health insurance denied the air ambulance claim because they deemed it not medically necessary. We appealed twice, both denied. This time it came with a helpful note stating we "could have" taken a ground ambulance. 400 miles. According to spouse, this was not offered at any point and the doctor said "need to fly" multiple times. We have two more opportunities to appeal, but honestly, I'm a little stumped about how to go about this, since we've tried this twice in plain language and it's not sticking.

I guess my question boils down to this: 1. is there a particular sort of attorney who could help us handle this thing? 2. Is this a situation in which such an attorney would be helpful or even advisable?

Additional background for those who want it: spouse apparently accidentally selected the car insurance without injury coverage so no car insurer involved in the air ambulance claim. Have spoken with patient advocacy groups, but apparently they're not allowed to get involved in cases that stem from car accidents. I'm not looking to get out of paying for services rendered at all- we're just honestly baffled about how this case is not considered medically necessary, and to be frank, I'm a low level public servant and spouse is an adjunct professor, so the $60,000 the air ambulance people are charging is just a bit out of the budget and we really could use some help here. Obviously dealing with all this and trying to navigate recovery has been stressful.

Thoughts? Thanks so much for taking a look.

ETA: in Washington state, United States.

Answer:
 The nearest hospital that could assess your fracture was 400 miles away? How rural are we talking?

Anyway, you might want to also crosspost to r/insurance on this one.


Title: Work hasn't paid me and I have no food/money for this weekend

Question:
I am doing casual work through a recruitment company in Australia and I was supposed to receive my first weeks worth of wages on Wednesday night. Since this is my first week, I desperately need it to pay rent, bills, buy groceries and top up my travel card to get to work next week.

I didn't receive it so I called them on Thursday and was met with 'it will be in your account this afternoon or overnight'. The next day there was still nothing. When I called them on Friday I was met with much the same response: 'It will be in there this afternoon or the latest tomorrow morning'.

Now it's Saturday morning and I have checked my account with is in the negative because of the default fees (rent/bills didn't go out) and the office is closed for the weekend. I called the after hours number and the woman (although very understanding) said that nothing could be done until Monday. She mentioned that in the past there have been cases where the recruitment agency has paid for the default fees if proof had been shown but that I couldn't 'quote her on that'.

Now I'm here with no food at all for the weekend and wondering what my options are. Yes, the woman mentioned they may/may not pay my default fees but what about the non-quantifiable things like not being able to eat for the next two days or fighting with my landlord about no rent payment. It's really quite stressful.

Any help you guys have would be much appreciated.

Oh, I also recently moved to Australia from New Zealand so I don't have the support structure of family/friends to help me out financially.

Answer: Not legal advice but if you haven't got food, try asking a friend or /r/randomactsofpizza


Title: Is it illegal to discriminate by race when looking for a housemate? (CA/USA)

Question: My graduate program recently had a spam email get sent to the all graduate student mailing list from an asian woman looking for a new housemate. She specified that she is only looking for asian applicants. In this situation, as I understand it, she is not a landlord but rather looking for someone to co-sign. Is this legal discrimination?

Answer: this is legal. almost all landlord rules regarding discrimination don't apply when the landlord lives in the same unit (sometimes building as well). Answer #2: Weird hiccup of the law: The ad would be illegal, but making the decision based on race would not.  Discrimination laws covering the actual decision of who to live with don't cover small landlords (4 units or less) or roommates.  But the laws about ads cover anyone.  Answer #3: The federal Fair Housing Act wouldn't apply if it was a live in roommate situation with less than four units in the house, as long as she doesn't own other properties. State discrimination laws may be more encompassing.


Title: Pushed a kid down the stairs, he dragged a girl with him

Question: [deleted]

Answer:
 You committed battery against him. You committed battery against her. They can both file a police complaint against you. You can file a police complaint against him as well. Next time, mind your own fucking business. That was not your property to determine who was and was not trespassing. That is for the tenant to do, not you.

If the police come to talk to you (and it sounds like they might), tell them you will only speak to them if advised by and in the presence of your attorney. At that point, get an attorney. You should tell your parents now to prepare them for if/when the cops come to speak with you. You might be in some serious trouble here.

LPT: the use of <carriage-returns> to make paragraphs would have made your post a whole heck of a lot easier to read.


Title: Having to share a bed for a business trip?

Question:
I (23F) am going to a convention for work. We are a small company, about 23 people. 10 people are going to the convention and to save costs they are having us share rooms AND beds. I am supposed to share a bed with my coworker (30F) who i don't get along with very well. This makes both of us uncomfortable but have no choice unless we want to pay for different arrangements.

We don't really have HR so I'm wondering if legally i can get my own bed (at least) or even my own room.

Our company is in Denver, CO and the convention is in Las Vegas.
Topic:
Business Law

Answer:
 I'm an old timer.  Many years in business at all levels.  I've often heard of company's making employees share rooms on business travel - especially at conferences/conventions and larger meetings.

But I've never heard them have employees share beds.  This is very inappropriate in my opinion.

Unfortunately I think your only options are to either refuse to go and suffer the consequences, or pay for a separate room.  Any reason they didn't book doubles?  Can you call the hotel and see if you can switch to a room with two beds?Answer #2: >We don't really have HR so I'm wondering if legally i can get my own bed (at least) or even my own room.

Pay for your own room.  Or ask for a cot when you get to the hotel.  Answer #3: I'm not aware of any laws that set accommodation standards for business trips.  You can ask the hotel for a rollaway bed, you can pay for your own room (or one of you pays for another room and you split the cost), or you can refuse to go.
Answer #4: Buy a sleeping bag and sleep on the floor? If you're not wanting to pay for your own room then it's the cheapest and easiest solution.