Title: [FL] My boss got a business credit card in my name and I didn't sign or agree to this.

Question:
*I believe this would fall under business law. Please correct me if I'm wrong.

My boss went on vacation this last week and got me a business credit card to pay for our various expenses. He had it sent to my house and told me to activate it so he knew it was ready before he left.

My boss is a new small business owner and I know he has not been breaking even recently. I do not trust that he will/has the ability to make his payments on time. I've been reading that this can poorly effect my credit score if he is unable to make the payments on the account.

**Is it legal for him to put a credit card in my name like that? Without me having signed any agreements? Did I unintentionally agree to the card when I activated it according to his demands? **

I did more reading and I understand I’m not responsible for payments or charges, but if he were to make a late payment, or something along those lines, it would appear on my credit score.

*I’ve realized I put a bunch of unimportant information in this post that seems to be leading people away from my one main question. So I have removed what does not pertain to the question.
Topic:
Business Law

Answer: Call the credit card issuer, tell them your credit card number, and ask them if you are an "authorized user" or the "responsible party".  If you are an "authorized user" then you have permission from your company (via your company giving you that card) to use that card for approved company expenses, and the company is liable to the credit card issuer to pay for what you charge on the card.  If you are the "responsible party", then YOU are liable to pay for the charges that you put on the card.Answer #2: You're likely just an authorized user. Is it an American Express card?Answer #3: I am not a lawyer. I am a business owner. When it comes to business credit cards there is a difference between having your name on it and having it in your name. Unless your boss is a criminal, this is most likely his card and his debt with you as the authorized user. It is not your debt to repay. Only use it as you are directed to, and not for anything else. Answer #4: If it is a "business" credit card, then the business is the one with the obligation to pay or dispute all charges. This is standard practice. Make sure to follow recordkeeping procedures as instructed when you use it.


Title: Independent dealership takes car back after 56 days of ownership

Question: (Charlotte, NC) I'll try to make it quick. I bought a car on July 22. I received a call on September 16 saying I was not approved by my bank and needed to bring the car back. I was refunded the $1300 I originally put down on it. I'm not exactly sure what I'm after here, but why would a dealership sell a vehicle to someone that hasn't been approved? What benefit would they gain by doing this?

Answer:
 but why would a dealership sell a vehicle to someone that hasn't been approved?

Because it takes time to approve loans and most people tend to shop at night or on the weekend when banks are closed.


Title: Homeless camps near rental property. City not enforcing camping laws.

Question: I have a rental property in Seattle. There are several adjacent plots of land owned by the city and state which have large homeless camps set up. There are laws that prohibit camping in the city but they are not enforced. I've struggled to rent the unit and have documented damages to income and property values as a direct result. Would it be possible to take legal action against Seattle?

Answer:
 No, you cannot force the city to take action.  The city itself has sovereign immunity from suit and the employees are protected by the public duty doctrine.  They have a duty to the general public, but not to you personally and so you cannot sue.  Your remedy is political, not legal.

Edit - a word cause fuck autocorrect


Title: What are my rights if a man cuts my lawn without me asking him to and then demands I pay him for it?

Question: I hired this guy who was a friend of my neighbor to cut my lawn as I don't have a working mower at the time. He did good work and I paid him the agreed amount. He asked if I would want him to come back in two weeks and do it again. I said I needed to think about it, but I was interested. A week later he cut my lawn while I was in class and had my neighbor come try to collect the bill from me. I did not ask this guy to cut my lawn, and even if he misinterpreted we only ever discussed him returning to do it in two weeks, not one. Furthermore, he didn't say anything to me before cutting it this time, he even did it while I wasn't home. I'm obviously no longer interested in his services, but if he tries to keep this up, what are my rights?

Answer: This reminds me of the homeless who would "wash" your windshield with some dirty rags and water while stopped at a traffic light and harass you for payment despite being told to not touch your vehicle.  You didnt contract his services, you dont owe him a thing.Answer #2: Have you been served? No? Don't pay him, don't contact him, and make it explicitly clear if he enters your property and tries to mow your lawn he is trespassing. Make sure your neighbor also understands you did not ask for the service nor did you give him permission to cut your lawn a second time.


Title: Contractor burned my house down. Am I obligated to pay outstanding balance? (NJ)

Question:
During a major home renovation, I recently had a serious house fire that is a potential total loss. 1-2 weeks later, my contractor started sending me invoices for payment, is asking to call me to discuss payment, and then emailed my loan officer behind my back with an invoice requesting payment (I'm financing most the work with a renovation loan.) In short, he's been leaning hard on me to pay for everything that was completed between the last payment and the fire.

In the meantime, the fire investigator hired by my insurance company as well as the city's arson investigator have concluded that work being done by my contractor caused the fire. My insurer is certain enough of this that they've filed suit against my contractor to recoup the costs of my insurance claim (subrogation).

My question is, am I obligated to pay the outstanding balance to my contractor if they're at fault for the fire?

Answer:
 Did your contractor complete the job?  If not, he's not entitled to be paid whatever unpaid portion exists.  Indeed, if the arson investigator is correct, and this contractor's negligence is the cause of the loss of the home, then he would not have done the job in a good, workmanlike manner and therefore be in breach of the contract and not entitled to be paid (because your damages offset that payment, which he's going to likely end up owing you  - or his insurance co will.)

I would send him a letter, certified mail return receipt requested, advising you will not be paying him until the investigation is complete and the lawyers have weighed in.  More, I would politely- but firmly- remind him that you just lost your house in the middle of a pandemic and paying him isn't in the forefront of your mind.

I would ALSO be interested in looking at the contract you signed - assuming there is a written contract.  The New Jersey Consumer Fraud Act, and the Home Improvement Contractors Act in particular, may offer you some claims against this contractor if his contract isn't properly drafted, or if doesn't have an NJ HIC license #, for example.

SOrry about your house; i hope this all gets sorted for you and your family as quickly as possible


Title: [New York] The film Mike and Dave Need Wedding Dates is based on my wedding.

Question: I figured there was nothing I could do about it since they changed almost everything about it in the movie but every friend that thinks they are a "lawyer" says I should sue for something. I'm just wondering if I should do something or if it's too late to take action.

Answer:
 From what I read, movie isn't based on the wedding its based on the hilarious tale of Mike & Dave who went to Craiglist to get rando dates to a wedding and achieved worldwide fame.

Mike & Dave are free to sell their experience. Your wedding is immaterial to the story.

Had Mike & Dave gotten dates to a movie, the movie producers wouldn't have claim cause its their movie.


Title: Overheard a guy saying he had a plan to avoid solicitation for prostitution by making it a "legal" enterprise (making/distributing pornography), but legal advise was that this was more illegal?

Question:
I overheard this conversation when I was still a military reservist.  Early one Saturday morning, a guy in my unit said he had the perfect plan for avoiding charges for solicitation of prostitution.  His plan was that he would avoid criminal laws by making it a legal enterprise by making it into pornography that he could then sell and make a profit in the process.

While this guy was telling his idea to others, the JAG officer overheard part of it and told him he'd (hypothetically) be better off with the solicitation charges than to have to adhere to all the laws that would make his enterprise legal and that his money-making scheme would more than likely cause him to go to jail unless he knew what he was doing.

At this point, he told him about some federal laws that would get him where the local statutes might give him a free pass.  I either didn't hear or can't remember what it was that was the bigger picture issue there.  Can anyone tell me what that bigger picture idea might have been?

Thanks.

Answer:
 Generally speaking, a porn production has to pay their actors and keep their records on file that they are 18+.  Do HIV testing.  And actually sell a product.  Lets not even talk about having a legit business, contracts with the actors, etc.  It's a hell of a lot of work just to have sex.

A common idea some people have, is they think they can justify a "loophole" by creating a "legal prostitution business" out of this, matching Johns with prostitutes.  That doesn't fly because you can't accept money from Johns if it's a business, you have to pay them.  If all you're doing is making a video and selling it to the John, then you're back at prostitution.  And then you're running a prostitution ring, which idk maybe there's some federal charges associated with that.
Answer #2: In every state outside of NH and CA, you can technically be charged with solicitation or prostitution-related crimes even if you are legitimately producing porn.

Of course that's not all that likely to happen, but there's always a chance.

That being said, while a lot of porn models are also escorts, a lot of women who are just escorts may not be interested in being recorded, so your friend would not only need to have all his ducks in a row to legally operate this small time porn enterprise (business license, proper 2257 age verification documentation, etc.), but he would also likely need to stick to hiring up and coming porn models who book through legitimate porn modeling agencies, which is going to cost more than your average run of the mill hooker.


Title: Immigration Judge is trying to deport my dad. Circumstances are complicated.

Question: [deleted]

Answer:
 > We don't want him deported at all, but if he does get deported, we want it to be a westernized English speaking country.

That's not really how being deported works.  When you're deported it's not that they're kicking you out of the country, but that they're throwing you back to your country of origin.  If he wants to get deported to not Iraq, he needs to get a different country to let him in -- typically through having dual citizenship.

He could attempt to gain asylum, but it's unlikely as he's not currently being persecuted (especially given that he's not even been there since he was 4).

I suppose he could attempt to gain asylum/refugee status in another country, but it would likely run into the same problems he's having now.


Title: (17M) (HELP) trespassed and broke neighbors window

Question:
To being things, Im a seventeen year old kid and growing up I was faced with troubles and problems in my daily life, household and more. Living in California and in my area introduced me to bad habits and actions which I may not be so proud of. Only 2 weeks ago I thankfully graduated high school and well now I currently have a groove and like for making music. I live in a small 1 bedroom household with my family and it’s a tiny space, packed and full of loud sound and so I don’t really have the freedom to express my creativity or talent.

Anyways, my next door neighbor just recently moved out and me being the dumbass stupid idiot decided that It would be a good idea to sneak inside the house through the window and go in there to hit the studio in peace and in calm. The way I see myself, I know that I am a young, educated, hustle and motivated kid trying to make it out these shitty and troubled conditions however always and always tends to make incorrect and even shittier decisions.

I went inside the house, I was recording my music, in my own flow and world, I was smoking the wax pen, high in a good vibe. I sent out a Snapchat to my friends showing the activity I was doing and eventually I agreed to let them come over to this empty home that was being fixed up simply to hit the studio and smoke. The kids came over, we were posted inside making music having fun smoking and rapping for about a hour until the terrible happened. Some lil incident occurred which sparked some drama and a fight initiated between myself and another kid. The little brawl I had with this kid inside this packed and tight space lasted about a minute and resulted in the major cracking of the window. The window now has a huge shatter from the inside. The window is still in tact and in place however it is essentially useless.

I fucked up
I know I did
Now I am worried for multiple reasons.
I understand that I will most likely be paying for this window now that it is broken.
I believe that what I did is considered trespassing however am not sure if this is is the correct word and if it’s a legal offense or not.
The house has a pad lock and is currently undergoing fix up. Can the police arrest me for this situation?

My parents have rented out this small home ever since I was born, I grew up in this place and am grateful for this home. Is there any chance that my family may get kicked out for this situation?

I regret this event and am now going to have to own up to it. What do you think will happen to me... any advice??
Topic:
Criminal Law

Answer:
 If you broke into the neighbor's house, yes, you can be arrested and charged with a number of crimes. You can hope that the owner will just let you pay for the window and forget about it. But there is no guarantee that they won't go to the police.

It is unlikely that your criminal conduct will be a basis to evict your parents from an entirely different house.

You need to get yourself under control. Breaking into someone else's house, doing drugs, etc, none of these things are wise. Your lack of freedom to be creative in your house does not give you the right to violate other people's spaces. Not cool.


Title: Am I committing any crimes if I get an erection on a nudist beach or at some other nudist establishment?

Question: Specifically in California. Say it’s not illegal... at what point am I committing a crime? When I touch my erection? When I hold it? When I stroke it? When I orgasm?

Answer:
 Maybe.

Probably.

Yes.

Oh baby yes.


Title: Corporation I work for denied me help to raise funds but granted it for someone else.

Question:
Boston, MA

The short story is that I'm going to another country to help aid with meds, supplies, etc.  I asked the company I work for if they could help (I just wanted to set up a booth to collect donations, I didn't even ask the company to pitch in or anything).  They told me that the group I go with isn't a 501c3 charity so I sent them paperwork with the tax ID and everything that proved they were.  They still denied me.

That was a couple months ago.  A couple weeks ago a hurricane hit the country and devastated the people, land, etc.  Another person from the company asked for help (this person is opposite gender and sex but has family in the country we're set out to help).  They decided to help this person but not myself.

I sent an email to them stating, "please do not deny this person help based off decisions made prior" as I want them to get the help they need.  They had already decided to help but thanked me for the email.

After they started the collections, I emailed them and asked what the difference was and I didn't receive an answer.

I suppose I don't need any specific advice but more of an opinion.  Should I do something about it?  Can I?  Is it worth it?

Thank you.

Answer: I can understand being annoyed about it, but there are more factors at play than just having family there or being the opposite sex/gender. They didn't choose you, they don't have to tell you why, and I can't imagine you'd successfully sue them in court over something like this, so best to go on your way.


Title: Not getting paid for "on call"

Question: So I live in Oregon and work for a tech company , non salary, 40 hrs a week for the last 3 years. But now they are telling us that we must carry a work phone once a month for a week straight and have to answer the phone and come into work if there is a problem within 4 hours. 24hr/ 7 days of that week. We get no extra pay unless we get called, but of course we can't drink, leave town or the area. I was wondering if there is anything that can be done about this or do I just smile and keep on going? Any info would be very helpful.

Answer:
 I'm not going to be any help to you, other than to offer my empathy.

I am in IT and have been on-call 25% of my life for the last 8 years.  I am salary, and we occasionally (and inconsistently) get comp time for our on-call work, but only if it's is something outrageous like working overnight, all night.

I know, I know, it comes with the IT territory, but our percentage of on-call has gone from a weekend every 6-8 weeks, to 1 full week 25% of the time.  That's a big difference.

If you are looking into this with HR, you might also want to ask about what happens if you are on-call during a holiday.  We don't get anything for that, and it really pisses me off that we sacrifice the ability to travel on long holiday weekends because we're on call -- we literally do not gain the same benefits of a holiday as most employees....with no compensation at all.

I could go on and on with on-call horror stories (like the mgr just  doing an arbitrary sched with no regard to how many holidays people get and telling us we have to work it out among ourselves if it's lopsided) so I think it's good you are interested in getting things clarified at the outset.


Title: Breaking a spendthrift trust

Question:
My father recently passed away (in Alabama), and he left a six-figure inheritance split between my brother and me.  My brother has some issues (alcoholic, unemployed), and his half was put into a spendthrift trust that pays him only a small monthly stipend, barely enough to live on.  My brother is working with an attorney and planning to challenge this provision so he can get his money up front (and blow it all, I'm sure).

He seems to think I have some power to get his trust changed, by reaching a legal settlement or through mediation, etc.  But I'm not his trustee.  He says the estate will be tied up in court for years unless I help him somehow, but I don't think I have any legal authority to do anything.  Or do I?
Topic:
Wills Trusts and Estates

Answer: I have never heard of such a thing. That your brother thinks he is entitled to live on this inheritance shows how smart your dad was though. Have you received your share yet? Hide it. Your bro will come after you next.


Title: [California] Hypothetical Question about Police Interrogation at High School

Question:
Say you're a 17 year old senior at a public high school and you've been detained by a police officer who's wanting to charge you with a crime at the school. You didn't do this crime, or you did but you know damn well that they don't have any evidence and they won't get any unless you incriminate yourself. You're in a room with the officer and the principal. Being the crafty 17-year old you are, you say that you want a lawyer, that you won't consent to unreasonable searches, and that you won't talk to the officer. The principal on the other hand also is crafty and orders you to talk to the officer/her or else she will suspend/expel you for defiance towards an administrator.

What should you do in this case to get out of this situation without any school/legal penalties?

Answer:
 As for legal penalties: the police can't force you to waive your legal rights. As for suspensions/expulsions: [I could see an argument that ordering you to talk is not within the "valid authority" of the principal.](http://www.gusd.net/cms/lib03/CA01000648/Centricity/Domain/58/EC_%C2%A748900.pdf) But I don't know of any case law on the subject.

Also, if you happen to be in [Oakland, you don't have to worry about suspension for defiance.](http://edsource.org/2015/oakland-ends-suspensions-for-willful-defiance-funds-restorative-justice/79731)


Title: How literal is "Your Liberty To Swing Your Fist Ends Just Where My Nose Begins?"

Question:
 I stopped by San Fran a couple of years ago. A large muscular man wearing a fake cat tail and fake cat eye contacts was in a busy intersection.

As he walked by people, he threw a punch at everyone he passed, ending an inch before their nose. People either flinched or ignored him. The men in the area (including myself) formed a circle around my wife as he approached us, so he didn't have room to take a swing at her like he did other strangers.

But the event got me to thinking. Where does the law stand on matters like this? What if someone blocked his punch and knocked him out, or what if he made physical contact with someone? Folks clearly felt threatened enough to get in defensive postures to prepare for a fight if he tried to attack my wife.

Was this man actually breaking the law?

Answer: Yes he was breaking the law, this is the definition of assault, which people often confuse with battery. Assault is usually defined as “intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact. Physical injury is not required.” If anyone wanted to they could file a lawsuit or criminal charges against this individual for assault and would have a pretty solid case against him.


Title: Should I call the police on someone who tried to run me off the road?

Question: I was driving in CT (I usually am not an aggressive or fast driver), and was passing a slow truck, going about 72 mph to pass it. After I passed, an SUV came behind me and started tailing me very closely. Being stupid, I didn't want to be bullied and waited about 30 sec and was going to go to the right lane, when he switched to the right lane and started matching my speed. I sped up to 80, which he did as well. I slowed down to 60, which he did as well. This happened several times for about 3-4 minutes. He wouldn't let me change to the right lane when I tried to. Eventually, a bunch of cars were all behind me flashing their high beams, and I tried to go to the other lane again. He started swerving towards me like he wanted to crach into my car. I slowed down to 50-60 and finally had a chance to get over as he didn't slow down as quickly, and quickly went off at the next exit, ensuring that he didn't have a good opportunity to get off there. I saw his license plate which was a 4-digit number, and he had one of those friend of the police badges or whatever. Should I have called 911 on him?

Answer:
 If you are in immediate danger, that is when you use 911.

At this point you may report the incident to the police. They may /may not take action.


Title: I live in Michigan and got caught with less than an oz of marijuana in a city where it has been decriminalized, I am being charged for possession and was wondering: do they measure the container that the substance was in?

Question:
I had it in a mason jar, when I was getting booked  I asked the cop about their decriminalized law and she said if it was under an ounce. None of my paper work jas the weight and I am wonder if they can weigh the mason which can be more than ten ozs in itself. Can I get charged with 12 oz though the only weight of actual marijuana was less the an oz?
Topic:
Drug Possession

Answer: They only weigh the actual weed. Unless it's an edible, in that case they weigh the entire thing.


Title: Convicted for embezzling from former employer. Final ruling was petit embezzlement. What do i say to employers when they say explain what happened?

Question:
I'd like to give them as little information as possible. I don't know what i'm legally allowed to say and what you recommend saying.

EDIT: PETIT LARCENY is the final ruling.

Answer: The truth, first off. Some places might still hire you if you're honest about it. Most won't.


Title: UPDATE: Trespassing Apple Deliveries

Question:
Hi all:
So I took all of your advice. I did not set up any traps. However, I did the legal thing, which was to put up a sign which read "TRAPS" so as to keep those making the deliveries off my property.
I was able to find a potential cause of the problem: my own neighbor. He's young, nearly a kid, and he has got to be setting up deliveries. I realized this when I observed the apple tree on his front yard. These are non-edible apples, and I believe he is having these delivered to MY place of residence so that he can later steal them.
The real proof came when I was driving home earlier this week. As i drove by his house, I was struck several times by apples thrown from his property. I attempted to communicate with this punk last night, but he wasn't having it.
What's the best way to move forward? Do I have sufficient evidence to sue?

Location is Colorado, same as before.

Answer: You weren't by any chance hiding in a bush....oh no wait, I went and checked...different state.


Title: California Fence dispute

Question:
Fence fell down during a windstorm and neighbors insisted on disposing of the old fence material and building the fence themselves.

Nothing was provided to me in writing (I think it requires 30 days written notice of materials and labor). And they totally overbuilt the fence and the ugly side of the fence is all facing my property.

I had told the homeowner I could have the entire fence rebuilt for under $400 with free labor and dispose of the old fence parts for free and was ignored.

It appeared that the entire fence was build by his family and friends and they are now telling me that it costed over $1500 for 58 feet of fence.

After everything was built he came over and told me $750 was my share and I asked for copies of receipts and he had none and said he could get something written up.

What exactly am I liable for?  I don't mind paying a reasonable amount but that seems crazy for a simple wooden fence with metal posts.

I don't think I should have to pay for them for their decision to build a fence that will last longer than the homes.

Sorry if this seems choppy, I'm slightly upset and irritated over

Edit:
It was a fence bordering both properties, sorry for being unclear about that.

Answer: You are liable for nothing... you didn't damage it. You can contact your homeowners insurance


Title: Girlfriend's abusive mother called the cops on her for "stealing her sister's wallet"

Question:
Little background information. My girlfriend is 16 living with her emotionally and physically abusive mother. We live in California

My girlfriend's mother called the cops on her and the long story short is the cops said "we will arrest you for dealing drugs or for petty theft" and so she took the lesser of two evils because she was scared and admitted to stealing her sisters wallet. She called me and told her to tell the truth and so then when they arrested her and read her the Miranda rights she said I didn't do it, I admitted to it because I was scared. What I want to be noticed here is her confession was there without being Mirandad in so it has no grounds for being a legal confession.

It was supposed to go to teen court but it was then mysteriously transferred to a juvenile court about two hours from her house. No idea as to why. She went to what she thought was going to be a court hearing but was really just a woman asking her questions and putting her answers into the computer and it was supposed to calculate a likelihood of her actually committing the crime and if the number was low enough the case would be dropped.

She got a letter in the main on Friday saying that she is basically on probation for 3 years and the case will disappear so long as she doesn't do anything those three years. What makes me mad and confused is that she never had a trial and never appeared in front of a judge so how can they make a decision that is going to affect her life like this. She is looking for her first job right now and this is going to severely impact it if she must right down that she has a criminal record.

How would we go about getting more information because there is so little information that we have gotten about what decisions are being made regarding her future.

Edit: Forgot to say where we live

Answer: I'm not from CA, but in my state, they often send juveniles with no prior history of delinquency to some type of "diversion program" if the allegation would just be a low-level charge. So long as they stay out of trouble for whatever time period is set, they will not be charged and have no criminal record. If she never went to court, never pled guilty, then she has no criminal record that she would have to disclose.


Title: Down payment collected for rental before lease was signed. Want to get money back.

Question:
I'm a resident in Ohio and I'm looking to get my money back from a landlord that I have given a down payment. No paperwork has been signed and I need to know the steps involved to correctly make the transaction.

edit: clarification I am a renter and the money was for a security deposit. $1332 of $2000 has been given.

Answer: Normally when you give a deposit it is in exchange for the landlord holding the apartment for you and it is non-refundable.


Title: TX: Landlord won't clean up trash or old, rusted construction supplies outside apartment, wife has already sustained injury as result

Question:
My wife and I have recently relocated to Dallas and are having a big problem with trash and rusty nails outside our apartment. We first began noticing trash and construction waste around our apartment (including but not limited to scraps of carpet padding and empty adhesive containers) at the beginning of August when we first moved in. We emailed the apartment complex on 8/12 pointing out just a few of the items we had noticed. We asked them to clean these up and to make sure that no more construction supplies were left out around our apartment. They only removed the specific items that we listed in the email, and nothing more. Since then we have found and photographed 59 pieces of trash right outside our apartment, including eggshells, chicken bones, moldy bread, styrofoam cups, potato chip bags, and worst of all screws, rusty nails, and broken glass. We were very patient in waiting for them to clean up around our apartment, but the situation worsened when our dog ate some kind of trash while we were walking him on his leash. On 9/9 we had to rush him to the veterinarian because he had eaten something outside. Shortly after that, we found that a screw had punctured our car tire, which needed to be replaced. We believe this occurred in the parking lot. We were still patiently waiting for the leasing company to clean up the grounds, but the situation got much worse when my wife stepped on a rusty nail that pierced her shoe and punctured her foot while she was out walking our dog. We had to take her to an urgent care center to have a tetanus shot. Even though she was up to date, the doctor recommended a tetanus booster. She also required antibiotic treatment to prevent an infection from the wound. This occurred on 9/20 and we promptly emailed the leasing office to inform them of the situation. They replied on 9/21 by saying they would "send violations regarding the trash out to other tenants in the area" since they were not sure who was leaving the trash around. My wife emailed them on 9/22 with a copy of the bill from the urgent care center, and asked if we could receive a credit on our monthly rent to cover the out of pocket cost for the urgent care center. Three days later, (9/25) they still have not responded, despite us emailing them twice more since 9/22 and including pictures of new trash we have found. They also have not cleaned up any of this trash since the very first time we emailed them in August.

Today (9/25) the situation got even worse. While walking our dog I stepped on a very rusted screw. It didn't puncture my foot, but came close to being an issue. After this occurred I decided that I was tired of waiting on the leasing company to clean up the complex, and decided to do some cleaning myself. In addition to throwing out empty bags of chips, used napkins, and beer caps, I was shocked to find 6 rusty nails, 5 screws, a rusted razor blade, a sharp drill bit, many pieces of broken glass, and a few other assorted pieces of construction material, all within 20 feet of our apartment door.

TL;DR: we have been asking our leasing agency to remove trash and dangerous construction materials from the complex for 45 days (since 8/12) and they have done practically nothing. Their inaction has led to automotive repair bills, emergency veterinary visits, and an urgent care visit for a wound caused by a rusty nail through the foot.

Can we break the lease due to their inaction? Are they liable for the cost associated with the urgent care visit? What are our legal options moving forward? One last note, we have photographs of almost all the trash and construction materials that we have found. We have video evidence of finding many of these dangerous nails and screws right below our apartment door. We have emails documenting all the dates listed in the above post. We are unable to undoubtedly prove that the veterinary visit and the punctured tire were caused by this issue, but we have irrefutable proof that the foot puncture occurred on site.

Answer:
 Read this: http://texastenant.org/repairs.html
Get a lawyer if needed. Good luck.


Title: How to deal with an aggressive and rude attorney? (CA)

Question:
Earlier in the year I obtained an order of protection for my daughter against her father.  I also filed a modification for custody at this time as well.

Last week I had a hearing for the OOP per the father's request for a hearing.  His lawyer was incredibly rude.  I understand that this is how some lawyers are, but I'm trying to find ways to deal with this behavior.  My own attorney tells me to ignore it, but it is *so* difficult.

Example: I'm called as a witness by the father's attorney.  Attorney asks me a question, I begin to answer the question and attorney cuts me off with a rude and force full accusation- "DID YOU OR DID YOU NOT SAY XYZ?!"  I think this tactic is designed to make the witness anxious and confuse thoughts, but I would simply ask the attorney to repeat the question when she would cut me off, and this would seemingly make her even ruder.  The attorney seemed exasperated by my every word and refused to make eye contact throughout the entire hearing, not just to me but to my attorney and the judge.  It was all very strange.

I was in the JAG corp in the Army for about a decade and this type of behavior did not really occur, it was all rather respectful, and I'm just kind of bewildered that this behavior is allowed.
The OOP was ultimately quashed and a no corporal punishment order was put in place.  As we go towards trial for my petition to modify custody I am looking for some advice or tactics for dealing with a rude attorney. Thanks!

Answer: You listen to your attorney. But I have no obligation to be nice to you and if you don’t answer my yes or no question with a yes or no I’m not going to be particularly happy about that. If the judge and your attorney didn’t stop him then it’s probably within bounds. Family law is hard to go through, be ready to get attacked hard, it’s just how the field is.


Title: Lawyers fumbled my divorce settlement costing me $80K- what recourse to I have in Tennessee?

Question: I had a divorce settlement in which I was to get $50K from my husbands retirement and he was supposed to pay $30K in debt.  While waiting for my divorce to be finalized my husband withdrew $30K from the retirement violating the MDA. I told my lawyer I wanted to file contempt of court and to have remaining funds frozen but she did not do this.  On the day my divorce was finalized my husband withdrew all funds from the retirement and went into hiding.  Husband was in wreck and went to hospital.  My new attorney improperly served him for contempt of court by handing over the paperwork to his son while husband was unconscious.  I asked attorney to have him reserved but they did not listen.  Judge did not accept service and husband has disappeared.  What recourse do I have against these shitty lawyers?

Answer:
 You can hire a new attorney to look into the entire matter, including whether any of these errors are egregious or repairable.

You can also report your prior attorney to the state bar.


Title: [Canada] Can my US employer refer to me as a Software Engineer?

Question:
I'm employed by a US software company. I do not have my P.E., but the company refers to all of its developers as engineers. They have a public facing site where they list the employee bios (including title). Could this get me in trouble? Thanks in advance :)

EDIT: I reside in Canada and work remotely.

Answer: Yes they can and no it won't get you in trouble.


Title: Relinquish Parental Rights

Question: Our daughter is expecting a baby in October. The father has left and “didn’t plan on this.” He doesn’t want to be involved at all. We’re in California. Can he sign away his rights? How do I find that kind of legal document? Thanks for your support.

Answer:
 Can he sign away his rights? Sure. But it really doesnt mean anything. He can always go to court and request his rights be exercised. He will still be the father.

He doesnt need to 'sign' anything. Mom can go to court and get full custody if dad doesnt want to fight it.


Title: I work for a debt collection agency. I know they're unethical, but is what they're doing illegal?

Question:
I work for a very small 3rd party debt collections agency in Georgia, although we collect on debt all around the South East. I mostly do grunt clerical work and act as a receptionist, but I received basic training in collections when I started about six months ago. Some things haven't been sitting well with me, and because of this, I'm looking for a new job. However, I was wondering if they are simply unethical or actually breaking the law. If what they're doing is illegal, what should I do about it?

* On every account, the collectors get 3 neighbors' phone numbers, even if the neighbors live 200 houses down. Then they call the neighbors once a day. Once a neighbor picks up, they ask the neighbor to take down the collector's name and number and leave a note on the debtor's door asking them to call us. Once a collector gets in touch with a neighbor, the collector will never call that specific neighbor again.

* Collectors call friends and relatives of the debtor daily. If they pick up, the collector will ask them to tell the debtor to give us a call. If they don't, the collector leaves a voicemail. The collector will remove a friend/relative's phone number if the friend/relative asks.

* The collectors tell the debtors that their debt will be deleted off their credit "like it was never there." However, when I'm going through accounts, I notice that our system has paid debts recorded as "paid in full" as the account status 99% of the time. Occasionally, I will come across an account whose status is "deleted".
*  If a debtor verbally tells a collector to stop calling them, their neighbors, their friends/relatives, and/or their job, the collectors are instructed to keep calling. Collectors are instructed to only stop calling a job if a manager tells them so.

* When leaving voicemails or talking to third parties, collectors are instructed to be as casual, but urgent-sounding as possible. They are told to sound like a friend who really needs help.

* The collectors threaten legal action regularly. The vast majority of these accounts never go to the legal department. We usually don't sue on accounts that are more than a few hour's drive away, but I'll hear collectors (and the owner) threaten suit against debtors in different states.

Answer:
 yes, they are violating the law, in numerous ways and with gusto.Answer #2: Take a glance here for some prohibited practices:

https://en.wikipedia.org/wiki/Fair_Debt_Collection_Practices_Act

* Talking to third parties about the debt is generally prohibited unless it's to confirm location information. I guess the collectors could argue that it's to locate the debtor, though if you guys already know the debtor's info, that sorta falls through.

* Fraud to collect on a debt is prohibited.

* Debtor *verbally* telling a collector to stop and you guys continuing is actually legal. FDCPA requires that the debtor contact collectors in writing (which is probably why the manager steps in and cuts you guys off)

* When talking to third parties, collectors actually aren't supposed to identify themselves as debt collectors unless requested by the third party, so being told to sound like a friend who needs help may actually be fine.

* Threatening legal action that you guys don't intend to undertake is a violation, but that seems really hard to prove.

Disclaimer: IANAL, just going off of the things in the FDCPA code.


Title: The words "I hope you kill yourself."

Question:
Hi, I ended a relationship a few hours ago with a girl who was emotionally abusive for many months leading up to this point. As of yesterday, we barely spoke, and today she wanted to "make it up to me" by talking on Skype. Well, our conversation got.. heated when she told me she was having sex with someone else, then described it, then told me she could get anyone better than me. She told me I was a game since we met, and that she didn't love me, and that when I was depressed, I should have just killed myself.

Before blocking her, I told her that I hoped she'd kill herself. Seeing as she's a very manipulative person, could I get in trouble for saying those words, considering the situation?

I am in the east US.

She currently lives in the UK, which I was going to be moving to in a month, if that matters.

Answer: No. Hoping someone does anything is not illegal but you really should seek therapy or at the least, block and stop communicating with this woman.


Title: Paid Mechanic but he won’t fix the family car

Question:
Dear Awesome People of Reddit,

My problem is exactly what the title suggests.

I live in a small town—where everybody knows everyone. Unfortunately, this aspect makes my parents too trusting of every person in this town.
My dad gave the mechanic $1500 up front and has received the receipt for it. The only thing is is that the mechanic won’t do his job. He makes excuses as to why he’s stalling and why he hasn’t been working on it yet. Once when my sister’s car was failing, he was working on the family car (mind you, this was probably a year, a year a half after taking the car there). And get this: gave my sister a discount on her car because we have been “patient with him”  but since then my parents’ car has been sitting sadly at the shop weathering every storm from rain, hail, snow, etc. I know, I know, why not call him? Well, a close family friend who knows the guy has, and he spews out the same excuses.

Another thing to consider, this guy is one of my old childhood friend’s dad, and I know this dude: I’ve been to his house for sleepovers, birthday parties, etc. His son has also vandalized my parents’ grocery store—which my parents never pressed charges or anything—and why my dad decides to bring it to him is beyond me...not sure if he had made the connection! So I’m not sure if the apple falls far from the tree...is the mechanic racist? Also, he is/was (unsure of his current status) the mayor of a town (of 100 people) next to mine.

I guess my main concern is whether I can do anything about it? Can I go back and ask for a full refund and then take my car elsewhere? Should I just suck it up and wait ANOTHER THREE years? I know that my car has been devalued from just sitting at the shop. Should I get a lawyer involved in this situation—something that our family can’t afford at the moment.

Please and thanks for you help!

Answer:
 You can get the car, take it somewhere else, and then sue the guy for the money you paid him if he won't return it.

That's the option that exists within the legal system.  If you choose not to exercise that because of social considerations and relationships, that's another matter.


Title: A cop told me to plead guilty to a speeding ticket, and that it would be bumped down to a parking ticket.

Question: [deleted]

Answer:
 The police do not speak for the judge. Expensive lesson. Pay it.Answer #2: Where'd you get the ticket?

In Western NY there's a lot of rural towns that do this. But you show up to court, and the DA will ask if you'll settle for x amount of parking tickets/non moving violations. You say yes, and then you talk to the judge and off you go to the clerk. Bend over, and it's all over with.

That may have been what the officer meant, and not to mail the ticket in.


Title: Sting operation cited me a misdemeanor for buying an underage boy beer (CA)

Question:
Hi everyone I’m posting for my sister.

Earlier today in LA I walked out of a liquor store and a boy asked me to buy him beer. When he asked me, I turned him down. I ended up going back and getting the beer for him because I felt bad, I thought he was going through stuff. After I bought him the beer the police came and gave me a citation and a misdemeanor. I felt it was unfair because I genuinely was just trying to help someone. It turns out the boy was a cadet and everything was setup. I don’t think this is right. What can I do?

Answer: You can’t do anything. Just because you “think it’s unfair” doesn’t mean you can get around the law. What you did was illegal bottom line. Sucks but you learned a lesson to never do that again.


Question:
My parents returned after 5 years of being gone and now they’re demanding that my sister move back in with them after they abandoned her and threatened to call the cops when she refused

Today I heard a knock on the door. When I opened it I saw my parents outside, they started talking about how much they missed us after being gone for so long.

I got angry that they showed up because 5 years ago they abandoned us and I had to live with my uncle and my sister lived with her aunt. While there she was abused and neglected the entire time. She now lives with me and I’m her legal guardian. I told them that they were not welcome here and that they need to leave.

They get mad calling me ungrateful and demanded that my sister goes with them. I told them that wasn’t going to happen because my sister is also mad at them for leaving. My sister heard all the commotion and came downstairs to see what it was about. They instantly ask her to come with them and she refuses. They noticed that she was sick and accused me of not taking care of her properly when I slammed the door on them.

They mentioned something about calling the cops if I didn’t let them take her and I’m worried that she will have to go with them. What should I do

Answer:
 > She now lives with me and I’m her legal guardian.

Then you, not your parents, make this decision. Your parents can file to overturn guardianship, but the police will not interfere until they do so.

Keep a copy of the guardianship order somewhere handy in case the police do show up, though.Answer #2: You are your sisters legal guardian


Title: Duke charging girlfriend 2k For one month. Now saying if she doesn't pay 600 by next month they will shut off her power. How is this legal?

Question:
This started 3 months ago.  Girlfriend bought house 9 months ago.  After being in the house for 4 months she got a bill for $1.900,  she called and they said it was a mistake. That the guy reading meter was overcharging people.   Supposedly bill was adjusted to 150.   Well next bill was 1,700.  She called again.  Now they said he was undercharging people and the bill is correct.  They said they had been undercharging people for months so that was the adjusted bill.   She asked how could she accumulate that much over a few short months during a very warm winter?  They had no answer ,but to pay the bill and offered the suggestion to shut off the breaker to the house to save money! She of course can't afford to pay it so she set up budget billing and they agreed to 165 a month.  First month it didn't come out , so she called.  Next thing she knows 330 comes out of her account along with a late charge.  The following month another 300 comes out the first week emptying her account.  A week later another 150 is taken out in the same month.    She talked to an attorney who sent a letter asking for a billing breakdown of charges and Duke never responded.  Now after taking 450 dollars out unauthorized they are threatening to shut off her electric if they don't get another 600 by this month.  How is this legal? She is all electric and is never home.  There is no way she used that much energy and of course Duke is no help.  What if anything can be done?  She is a single mother. Works 2 jobs and goes to school.  I'm helping out as much as possible , but there is only so much I can do. Please help.
Edit.  This is in central Indiana.

Answer:
 Not a lawyer, but a couple questions:

* Did your girlfriend set up a new account when buying the house, or continue on the account from the previous owner? In other words, is it possible that the previous owner was on a budget plan and she's being charged for their overages?
* Do you have copies of any of the bills from the previous nine months, that might show meter readings?


Title: California - if landlord gave permission to paint apartment, do I have to paint it back before leaving?

Answer:
 Generally yes, you have to leave the unit in the same condition except for normal wear and tear or else you can be responsible for the cost. Best bet is to get it in writing from him that you have permission and he will not hold you responsible for the cost to paint back to original.Answer #2: Ask the landlord...

Tell/show him what color you're doing and get it OKed.

If concerned, get it in writing that you don't have to repaint it before leaving and won't be charged to have it done by him.


Title: A woman was drugged, raped, kidnapped, and assaulted. UK Police found two samples of DNA during a rape exam. Would someone in the group please listen to her story and explain why no charges have been made?

Question:
This happened in Sunderland UK.
I can't post a link to her video because the bot wont' allow it.  Please search video for "Justice for Chelsey" to hear her side of the story.   Her part comes in at 3 minutes into the video.

Answer:
 Two of the top 3 Google hits are Rebel Media and Breitbart. I'm going to go out on a limb and suggest that we're not getting the entire story here.

Edit: Well, that wasn't too hard.

http://www.sunderlandecho.com/our-region/sunderland/police-urge-alleged-sunderland-rape-victim-to-review-evidence-1-8545072

>The Echo understands that the CCTV and forensic evidence gathered significantly undermined any assertion that the complainant had been kidnapped or drugged, or that multiple assailants had been involved in an attack of the nature being suggested online.


Title: My name isn't on the car insurance card my dad gave me under insured drivers

Question:
I live in Missouri and my dad is supposed to have me on his insurance plan. The plan is through progressive but the card my dad gave me only has his name on it. It does have the car I drive, and his name though. Does this mean he didn't put me on it? Or does it not matter because the car is insured anyways? I'm 20 and go to college/still live at home if that matters. He said once it was costing him an extra $90 a month or something but I have no way to confirm this. I couldn't find any posts with a similar title searching so sorry if this has been asked!
Topic:
Insurance

Answer: I'm under my moms insurance and my name isn't on my card either. Your cars year, make and model should be on it though, as long as that info is on there you should be good insurance wise.


Title: Ex claimed child on taxes last 2 years while we've been raising him for the last 3 [Oklahoma]

Question:
My fiancé has had her son for the last 3 years. She can prove last year living over an hour away from the ex where her son went to school. This year we've also had him, we enrolled him in school with our address and have been keeping a journal of his time with his dad as well as receipts for everything we've provided.

Obviously he's our dependent but the ex's mom already filed the taxes without telling us and we just found out yesterday! There's old paperwork saying that my fiancé would be the one paying child support when he was born, but everything has changed since then.

Who do we talk to? We're trying to make ends meet, but I'm a disabled vet and she does the best she can, so I can't imagine being able to afford a lawyer. Will DHS help? Do we call the IRS about the taxes? Any info anyone can give me would be amazing!

Thanks

Answer: You can correct this by filing a paper return with evidence as to why you have the right to claim the dependent. My stepdaughter's mother did this a few years ago. While it prevents you from e-filing, it is fixable. It will take longer to get your return since it's being paper processed, but knowing that the douchey other parent has to pay that money back, is well worth the wait.


Title: My uncle was murdered in the 1970s in the USA. Local Sheriff wrote book and included pictures of my uncle at murder scene.

Question:
My uncle was murdered in the 1970s.  It was suspected that the sheriff's son was the murderer.  Nobody was ever convicted.  Family moved to another state one year after due to trauma.   The sheriff has been dead for some time, but we just found out he wrote a book discussing many of his cases.  He discussed my uncles case over several pages and included multiple pictures of the murder scene.

The book is still for sale today so someone is making money off of it.  Is it legal to include those pictures without consent from our family?

What kind of lawyer should we be trying to contact?  I'm not sure where to start or if it's even worth it.  Thanks for your time.

Answer: Yes it is legal and no your consent is not necessary


Title: No pets allowed

Question:
I signed a 1 year lease in a 3 bedroom house in Los Angeles and there was a no pets clause. I asked the landlord if I could buy a dog and he said it was ok as long as it was not a big dog (we bought a shiba inu). The lease expired and we have been month to month for 2+ years now(never signed a lease renewal). About a year  ago he tried to wrongfully evict my back neighbor ( who was allowed to have a cat) and I because he wanted to sell the home. We went to the housing department and they told him he is not within his rights to evict us without relocation assistance. The landlord decided not to evict us. Fast forward to yesterday. He lawfully evicted the back neighbor so his son could move in. He handed me a piece of paperwork saying 1. Our parking spaces are forfeit to the son. 2. This is your 1st warning that no pets are allowed on the property.
 I could care less about the parking but for him to let me have a pet for 3 years and then expect me to kick that pet to the curb seems absurd.
I feel like the landlord is just trying to kick us out again but doing it by stripping us slowly of the things we have at the home.

Answer:
 >I feel like the landlord is just trying to kick us out again but doing it by stripping us slowly of the things we have at the home.

You are a month-to-month tenant, he doesn't have to finesse you out of his property, he just has to give you proper notice.

 If your original lease stipulated that you had parking, he probably can't just arbitrarily cut you off from it. He'd have to give you notice. With no statement in your lease allowing you to have the pet and you being a month-to-month tenant, he is probably free to tell you that your animal is no longer allowed on the premises from a certain point out. Again, I don't think he could just drop the hammer, but I think he could give you 30 days notice.


Title: [NY] Our daughters school has implemented a mandatory fundraising policy...

Question:
Of $500 per parent for the upcoming school year. It is a private school and has 501c3 tax exempt status. The terms of the financial contract explicitly state that the child would be denied enrollment if the parents do not agree to the commitment. Under their terms, we can either provide the $1000 in addition to tuition, or we can agree to sell $1000 in raffle tickets (we would be on the hook financially if we failed to reach $1000 in ticket sales)

I'm curious if coerced donations is something they can actually require legally as a 501c3?

Any help or insight would be awesome!

Answer:
 Does the donation have to be to the general fund, or can it be earmarked for specific purposes (sports, choir band, etc)?

If it can be earmarked, ask that it be limited to supporting partisan political activities.Answer #2: A school can charge tuition without endangering its 501(c)(3) status as an organization exempt from tax.

What they're trying to do here is transform part of the tuition you pay (the $500) into a charitable deduction FOR YOU.

I'm assuming that, come tax time, they'll send you a letter confirming that you've donated $500.

You're thinking it looks a lot like (non-deductible) tuition.  I'm thinking it looks a lot like (non-deductible) tuition.  What do you imagine the Service will think it looks a lot like, if the question comes up?


Title: US - California - What happens at a sentencing - do they haul you away if your need to serve time that instant?

Question:
Hi there.
I have a lawyer - but I'm worried he won't answer because it's late on a Friday and I have terrible anxiety and am scared to call.

Back story - DUI with minor TC (barely tapped a car at a red light so no injuries or insurance involved but a cop happened to be next to me). I know I really fucked up so I hired a top lawyer and I have been going to AA, smart, group therapy, and an individual therapist and have all of that logged. Been sober with one relapse since the incident.

I was so scared and on meds and I made a HUGE scene and so they took blood from me and held me for 36 hours. My results came back 3.2 and my lawyer says they want to punish me "to the extent of the law".

Ok, I'm prepping for the financial and license issues and ready to pay the piper.

My sentencing (2nd appearance?) is on Monday.

If they want to put me in jail -- do they haul me away that instant? Like, at the 2nd appearance? My lawyer wants me there, so I'm wondering if that is what is going to happen?

If so, I need to prep my work, get arrangements for my pets because I don't have family or anyone I trust to look after them.

Edit: I was arrested April 11 and since then have logged 18 meetings across 8 weeks... that doesn't sound like much now that I type it out and I'm very scared.

Answer:
 >I know I really fucked up so I hired a top lawyer and I have been going to AA, smart, group therapy, and an individual therapist and have all of that logged. Been sober with one relapse since the incident.

You did get a good lawyer.

>If they want to put me in jail -- do they haul me away that instant? Like, at the 2nd appearance? My lawyer wants me there, so I'm wondering if that is what is going to happen?

Maybe, maybe not. Since you appear to be answering for your crimes and cooperating they may give you some time to get your affairs in order and show up on your own to the jail at a later date. It all really depends. I've seen situations where someone gets a month's worth of jail time and just report on the weekends to the jail and are then released during the week. It all depends on what kind of deal you can make with the court.

It's refreshing to see a poster taking responsibility for their actions. Good on you OP.


Title: Forming a corporation... do the titles of President, Vice-President, Secretary, etc. necessarily have extreme legal importance?

Question:
Have a small service business (similar to plumbing, electrical) and am starting it with another person that has decades of experience forming and running companies (i have none).

We are equal partners at this time.

He told me he was going to have his lawyer draw up the paperwork, and that he would be listed as President, and I would be Secretary.  Is it unusual to list the second person as Secretary?  I told him i thought it would be more appropriate for me to be listed as Vice President, and he said okay... but when i received a draft of the paperwork, i was still listed as Secretary in it.

So should i be concerned about this, or are the titles more or less arbitrary?  I assume that two people cant be President, so I am fine conceding that to him due to his experience, but should i insist on having the title of Vice President for legal reasons?

As a side note, i dont believe anything malicious was intended by not changing it in the paperwork, it's more likely that he just forgot to do it.  He had a multi-million dollar company with nearly 100 employees in the past, and is extremely knowledgeable about tax codes and legal partnerships, and such, so i pretty much trust his judgement... but i am still curious.

Edit:  This is in AR

**Edit2:  Edit: I was informed that in my state, a corporation must have a President and a Secretary... and i recall reading in the bylaws draft, that there was a section that said the corporation shall consist of a President, Secretary, and Treasurer. That must be the reason for it, i just couldn't understand why they would skip VP and go to Secretary... but i only have a very basic knowledge of this stuff. Makes sense now. I will still probably have it reviewed.**

**Also, it says one person can have two titles... so i can still refer to myself as VP if i want.**

Answer:
 You need a lawyer to look over any documents. You don't believe anything malicious is occurring but you need to have someone with full legal knowledge make sure nothing malicious is occurring.

Trust is great in personal relationships. Legal confirmation is great in business relationships.


Title: [US-WA] Boss is threatening to reprimand me if I don't show up to a meeting.

Question:
I work part time at this place while I'm going to school. I have a strict no work sechudle for various days of the week because of my tremendous class load. Boss called me and told me the entire team is doing mandatory meeting on one of the days I'm not scheduled because of school. I told boss I'm not going to be able to be apart of the meeting and he told me I need to be there or there will be consequences.

I'm assuming I'm likely not going to be on the clock for this, is there any legality for this? If for whatever reason I am on the clock for this, are there still legal issues?

Answer:
 Why do you assume you would not be on clock?

> I have a strict no work sechudle

As in you have set a no work schedule for yourself, or  is there a relationship between you, school, job that sets this?


Title: (NV)Apartment carport collapse leads to unmarked assigned spacing and no shade in 110F+ heat

Question:
Apartment carport collapse leads to unmarked assigned spacing and no shade in 110F+ heat (Paradise, Nevada)

I am currently a resident at a poorly managed low-income (rent is \~$700 for a one bedroom) apartment complex run by TI Communities. I am in Las Vegas, specifically Paradise (Clark County).

On May 15, the metal carport in front of my building collapsed. My best guess as a sophomore civil engineering student is that poor building practices (not sealed so water rusted the iron supports) contributed to it. There are several other worrisome structures on the premises, including another carport with a warped beam. Clark County code department replied with a blow-off voicemail telling me the contractors had a license when I called about the collapse. They did not come out.

Luckily most people were at work, and only one resident’s car was severely damaged, with no people being hurt. My car was undamaged as a tree stopped the carport from hitting it.

A contractor came and cleaned up the wreckage that day, leaving pinecones and rocks in the 6" empty holes where the support beams had been, and also leaving what I hope is not an active 3’ electrical pole next to my space (my neighbor accidentally hit it last week and punctured a tire).

It has been over a month since this happened. The other apartment dwellers in the complex all still have carports with their assigned parking number painted on them. The office is still telling people that any uncovered parking spot is fair game, which means the assigned spot that is written into my lease is often taken by residents with multiple cars or their friends.

Is alone this grounds to break a lease? I will not have the funds to move for at least a month and a half; would I be able to break the lease then? I have other reasons to break the lease involving a severe lack of quiet enjoyment that I won’t get into unless anyone thinks it is relevant to this post.

[Album with images of the above mentioned issues ](https://postimg.cc/gallery/3hvpp6nx4/) (collapse, lack of repairs and remaining carport structure with damage).

TL:DR: Carport with assigned space numbers painted on it collapsed last month and the apartment complex has no intention of replacing it despite 110F+ heat. Contractors did a terrible job cleaning up, so jagged metal and short electrical poles remain. Neighbors and their guests repeatedly park in my assigned space because the apartment staff tells them to park anywhere uncovered.

Answer: What has been the office's response when you've let them know that people are parking in your assigned spot?  Is this spot one that you're paying extra for?  If so, have you requested a refund of that fee?


Title: Pregnancy losing job.

Question: My girlfriend is 5 months pregnant and she told her boss a week after we found out. Her boss asked if she wanted to return full time after maternity leave she told her boss honestly she didn't think so maybe part-time. Her boss and her had a great relationship up to the point where she got pregnant after that her boss kept saying she wasn't carrying her weight anymore. Flash forward 5 months later she gets written up. Her boss tells her she'll be demoted but keep full-time and her benefits. Week later her boss told her she couldn't keep her full-time and would only do part time. The manager demoted her because she feels her and the other manager are doing all the work and my girlfriend is doing the bare minimum. I told my girlfriend to seek help from her hr department as I feel she is being discriminated against. She's scared the other managers will retaliate against her if they find out she went to HR. Any advice welcome should he go to HR? Is she being discriminated against or should she just let it go and look for another job.

Answer:
 It is illegal to discriminate against a person based in pregnancy or protected leave.

> Her boss asked if she wanted to return full time after maternity leave she told her boss honestly she didn't think so maybe part-time.

It is not illegal to discriminate against an employee who states that they do not plan to continue in that job.Answer #2: She said she wanted to work part time and she is now part time.Answer #3: You don't say if anything has actually changed about what your wife is doing, but Im just going to assume she's doing very well still and nothing (I mean nothing) has changed about the work she is able to perform.

They can't fire your wife for being pregnant. They can fire her if she wants to move to part time after the baby. They can also fire her if her work isn't as good as it was before.

If she's truly being discrimated against for being pregnant, she needs to talk to hr and document everything. If she's actually fired for being pregnant she should seek an employment lawyer.


Title: (X-Post /r/personalfinance) (NC) I'm continuing to dispute a credit card charge and I'd like your input & advice.

Question: [deleted]

Answer:
 Skimmed your post, but tl;dr - signed up in July for a driving school course taking place in December that was non-refundable, tried to cancel in November, school refused, class itself was cancelled but the school offered to reschedule.

On those.... you don't really have a right to a refund. Even Citi says:

>Also provide any confirmation that the merchant is **unable or unwilling** to provide the service

The fact they're offering to reschedule means they're both able and willing.


Title: CA Neighbor kid inappropriately touched my daughter, what do i do?

Question:
I have a 4 year old daughter (G). On Wednesday, G was playing outside with a few kids who live in our apartment complex; two girls (ages 7/8 and 4), and two boys (ages 7/8 and 3). It was her first time meeting and playing with the boys.

Later that evening, G told me that the older boy (R who is 7 or 8) grabbed her face and kissed her several times on the mouth. I talked to her about consent and reminded her that no one should touch her without her permission. The next day (Thursday) the same group of kids came and asked if G could play. G went straight up to R and told him that he shouldn't kiss her without her permission because she doesn't like it. He turned a bit red and i sternly told him to keep his mouth to himself.

My husband sat outside to keep an eye on G while the kids played. They were riding scooters and running around, but as they were coming back toward our apartment, my husband heard R say, "Good girl. It's our secret," and saw him pat G on the head. Considering the situation from the previous day, and the fact that that's fucking creepy, that raised a red flag for my husband and he immediately pulled G inside to talk. He asked her what that was about and G got a bit upset, saying that it was a secret. We reminded her that we don't keep secrets from Mom and Dad and she told us that R kissed her again, but it happened so fast that she didn't have a chance to push him away or say no.

At this point i was seeing red, but i took a breath and walked over to R's apartment to speak with his mother. R and his little brother were sitting outside and i asked to speak with their mom. R immediately jumped up and said, "If this is about the kissing, i only kissed her head, so if she said I kissed somewhere else she must be making a mistake." Keep in mind, i had not mentioned anything about kissing or the location of the kiss. He also tried to get his younger brother to corroborate his story, but the little one said no and pointed to his mouth. When i asked again to speak to his mom, he started saying that she was busy/mad/he didn't know where she was.

I insisted that he get her and followed him to the door. I explained the situation to his mom about the kissing and the secret and she was properly upset with R. He kept insisting that it was just her head, G disagreed and said it was her mouth. I was trying to give the situation the benefit of the doubt because they are so young, but the fact that R told G not to tell me, then lied, was really concerning because he obviously knew it was wrong.

So then tonight (Friday) i decided to read G a book about bad secrets and consent. When we started talking about which body parts are private, she told me that yesterday R also put his hand down her shorts and touched her butt. She said it happened really fast and she didn't know what he was doing until he did it, and it made her uncomfortable. I asked why she didn't tell me that before and she said, "Because you didn't ask, and I didn't know i should tell you". I contacted R's mom through text and explained this new information. She was very upset and asked if we could discuss in person on Sunday evening.

I have no reason to doubt my daughter's account of the events. I didn't even ask her if R touched her private parts because it honestly didn't even occur to me that he would, she volunteered that information upon learning that no one should touch her there.

If you're still reading this, my question is if there is anything legal-wise that i should do. Is this the kind of thing that should be reported? Should I even go talk to his mom on Sunday? I never expected anything like this from a child, so I'm at a loss.

Tl;dr a 7/8 year old kid kissed my 4yo daughter after being told not to, put his hand in her pants, and told her not to tell me, is displaying grooming behavior, wtf do i do?

Answer:
 You call CPS and make a report because children don't do this in a vacuum. The child displaying these behaviors while having the awareness to lie and then try to mitigate the seriousness of his actions is almost certainly witnessing abuse or undergoing it himself. You keep your daughter safe and you do the right thing to protect the other children involved as well.Answer #2: A 7 or 8 year old cannot be prosecuted criminally, so there's really nothing you can do as far as that is concerned.

If you think the child is acting out due to abuse or something of that nature, you can report it to CPS.Answer #3: Adding to /u/grasshoppa1 's comment, it sounds like this group of children should not be playing together without adult supervision.


Title: [Grorgia] My ex broke up with me a few days ago how long do I legally have to keep her things.

Question: She didn't live with me. She left a bunch of books and clothes at my house. She's trying to make me wait until next week but I don't want to hold onto her things . She refused to give me an address to mail her things to. What are my options do I just have to keep her stuff until she gets it or can I just burn it all?

Answer:
 You can hold it for a reasonable amount of time.  Usually that would be a month or two or so.

You would need to send her a certified letter (so that you have proof that it was delivered to her) explaining that she needs to make arrangements to pick up her things by X date (X being a reasonable distance in the future -- like a month or so, just to be safe), and if she does not do so, you will dispose of or donate them accordingly.

You can't just burn her stuff after one week or so.


Title: Class action advice

Question: I got banned on lyft because I refused to give a ride to a passenger with a dog. She said it was a service animal but it wasn't. I'm thinking of putting together a group of people who have had similar cases of lyft bans and filing a class action law suit on lyft. Is it possible and if yes what sort of lawyer do I need and how much can be the compensation?

Answer: So when you violated the ADA, how did you do it exactly?


Title: What ID can I use to travel by plane from New York to Florida?

Question: I'm a legal alien that's out of status in the US, I'm currently renewing my passport that had expired and it's still being made (the process takes two months and it's only been one month). What can I use to travel to Florida? It's an emergency, a cousin of mine is in trouble and I need to be there.

Answer:
 When you say "out of status" do you mean you are technically here illegally because your visa/status expired?

Not sure about ID requirements, but I would point out as some non-legal advice that you could drive or take a bus to Florida. The trip is about 18 hours without stops. Definitely doable in a day or two.


Title: Are character testimonies a thing in prosecuting DUI cases?

Question:
I learned through gossip around the office that a coworker was recently arrested for DUI. The arrest was in Florida and we live in Virginia.

He was a former supervisor of mine. A grade-A creep who regularly sexually harassed me, especially while we were on trips and he was (no surprise) drunk. I had a terrible and emotionally taxing experience trying to get HR to do something about him for the better part of a year, but for the longest time couldn't "prove" anything sufficiently enough for them. In the end, I was finally able to get a job at a different department (same employer), and get away from him for good. But it was still a terrible experience and knowing he got off consequence-free with a grin has just been a hard thing to get over.

So I was wondering if character testimonies are a thing in DUI cases. Because if so, I feel like the fact that he was a notorious obnoxious pervy drunk towards his co-workers (I wouldn't be the only one with stories to share) should be very relevant to the court.

If by any chance that is a thing, is it solely up to the prosecutors to seek people out? Or is there any possibility of me contacting the DA or courts where he was arrested (or in our city if our state would also prosecute him) and just letting them know I exist in case they'd want my character testimony or whatever?

Obviously, we're not on speaking terms, so I have not discussed it with him and he hasn't spoken to anyone else about it, so I don't know whether he is still awaiting a trial or if he managed to get off easy or whatever. All I know so far is the arrest was just under two months ago and he is still coming into work, though I don't know if he's driving himself or getting a ride.

Answer:
 No. Him being a perv has no consequence in his DUI.Answer #2: >So I was wondering if character testimonies are a thing in DUI cases. Because if so, I feel like the fact that he was a notorious obnoxious pervy drunk towards his co-workers (I wouldn't be the only one with stories to share) should be very relevant to the court.

It's not at all relevant.  What is relevant is whether he was driving under the influence at the time he was stopped, not whether he is a good person or not.


Title: [Contract] Counter offer + Acceptance

Question: [deleted]

Answer: Most likely no. Just like last time you asked.


Title: Leaving a cheap and hassle-free corpse for my loved ones

Question:
Apologies for sounding provocative, but I'm literally wondering how someone who lives paycheck to paycheck can ensure that their loved ones who are equally hanging in there aren't saddled with thousands of dollars in bills that they can't afford.

When I inevitably drop dead (a year from now, 30 years from now), assuming that we're all still living paycheck to paycheck with meager savings, what's the most cost-friendly option for whoever has to claim my body? I live in NJ and all I can find online is info about casket costs and ashes and whatnot. I don't want a funeral, or a burial, or anything. Just not to be a burden on anyone, financially. Any debt I have is in my name, no co-signers. No assets whatsoever (aside from some basic, nothing fancy belongings).

I want to figure this out so that I can let my wishes be known to those close to me, similarly to how they're informed about my wishes if I was unable to make medical decisions (let me die, don't torture me and those around me by keeping me alive when there's no quality of life).

I know that these things should be drawn up with a lawyer. Any links to info so I can read up on it would still be appreciated.

Many thanks :)

Answer:
 Cheapest way is a "direct cremation" which is death to crematory then handed back to the family in a cardboard box.
In my area that can be had for well under $2k.
Do pre-planning and pre-pay it.

And have a will even if you think you own very little. It makes *everything*  easier.


Title: How in the world am I supposed to replace my driver's license if I'm out of state for a long time? [Colorado]

Question: Hi guys, I've lived in California all my life and am currently in Colorado for college. I'm going to be here for four years (hopefully) before moving back (maybe). Last night I lost my driver's license, and I would love a Colorado one now that, you know, I live here and all. Looking at the DMV website confuses me. Which form am I supposed to fill out in my situation and which state's DMV do I send it to?

Answer: You can *either* get a new license in Colorado, or you can go back to CA and get new copy of your old license.


Title: Car broke down at a On-Ramp stoplight, used diamond lane to go around the broken car, then get a ticket a mile down the freeway. Do I have any legal justification for my actions? (WA State)

Question: The cop was driving down the freeway at the same time as I drove around the broken car and pulled over from the far left lane to the far right (where I was) to pull me over. The cop basically told me that I was BS'ing him and I can take it to court if I disagree with the ticket. Are there any laws that I use to justify my actions?

Answer:
 I'm seeing some confusion in the thread, but I think I know what you're referring to.

In the Seattle area (and probably other areas) there are reserved lanes for carpools on the on ramps. Once on the freeway, both the reserved and normal lanes merge back into a single normal lane. The explicit purpose of these reserved onramp lanes is for carpools to skip traffic metering, or skip to the front of the metering line.

It sounds like what you are saying is that a car was blocking non-reserved lane on the on ramp, and then you took the reserved lane around it, where you then merged back into normal traffic at the end of the on ramp?

IANAL but I've never heard of a carpool lane exception for that sort of thing. But it sounds pretty petty and you should take it all the way to court. It would explain why the cop didn't understand what happened because all he saw was you enter the freeway from the reserved lane, and not the mess at the bottom of the on ramp.

That said, I would have merged into the normal lane as soon as possible and not continued down the reserved lane for the rest of the onramp, unless the reserved lane was physically separated from the normal lane. I think you have a pretty decent case if you bring it to court, but staying in the carpool lane doesn't help with what the officer saw or your intent.Answer #2: You aren't going to find any specific law authorizing you to do what you did, but you still might have a chance of getting it dismissed if you go to court and explain it to the judge.


Title: Update: Slid off the road and being charged with two misdemeanors.

Question:
Here is the original post.

http://www.reddit.com/r/legaladvice/comments/1z3ya2/slid_off_the_road_last_night_now_being_charged/

I slid off the road and hit two mailboxes late at night.  I went back the next morning to inform the homeowners and pay for the mailboxes.  They reported it already so I called to inform the police that it was handled.  Now being charged with 'Failure to report an accident in the quickest means possible' and 'Leaving the scene of a property damage accident'.

I finally talked to the DA on the phone.  She is offering me a $250 fine to plead guilty to one of the charges and they will drop the other.  Court date next week.  If I have a charge on my record it will definitely hurt in getting a job. I am currently in grad school graduating in a year.  I do not know what to do. Located in Maine.
Topic:
Criminal Law

Answer:
 What's the *purpose* of the court date next week? If it's an arraignment (as I suspect) then you should have the opportunity to ask for a court-appointed attorney. **Do that. And make sure you plead not guilty.**

It's possible that the elements of the crimes you are charged with include some leeway for the promptness of reporting the accident and/or a damage threshold for sticking around the crash scene. If so, you have a viable defense.


Title: Ex & I bought 2 cars. He stole one and is now trying to sell the other. What can I do? Help me get some karmatic justice.

Question:
In 2007, my ex and I purchased two vehicles together. I had a low-ish credit score and my income was higher than his, he had a great credit score but needed more verifiable income, so we combined our resources to get two loans. For the record, I know this wasn't the smartest move, but we both had cars crap out at the same time and were desperate.

The way the loans came through, one loan had his name on it, the other had both of our names on it. The vehicle that was in his name was just for me, the other was for him. Okay, later we split. I continue paying the payments on the car I kept, he continued paying the payments on the car he kept. The goal was to pay them off and then get the titles updated to reflect the proper ownership.

Three years later on a five year loan (nope, these were not the best loans, again desperate times make for stupid decisions) and the state of Indiana changed their BMV policy so that renewal stickers and plates were mailed to the address on file for the car loan/title, which was his parent's house. I contacted him to make arrangements to pick up said sticker, but he has moved out of state so it was hard to get in touch with him/them and my tags were two weeks expired.

And my car got towed. And he and his father went to the impound lot and took it. I had (as I felt) no legal recourse, because the vehicle was in his name. What could I do? Add to this, earlier that year I had begun experiencing a major health crisis that still isn't resolved five years later, I'm not healthy, I can barely take care of myself, and this was all happening during the "shit-hit-the-fan" moments of the health crisis, and honestly I didn't have much fight in me.

Now cut to four years later and he contacted me on facebook to let me know that he bought a brand new vehicle and the dealership wants to take the vehicle still listed under both our names as a trade-in and could I sign a registered letter saying I would let them do it?

Seriously, what are my options here? I'd really like to not roll over on this. I feel like some karmatic justice needs to play out here. I paid three years on a vehicle that was stolen from me.

I reside in Indiana. He resides with both vehicles in Texas. I just ordered a copy of the title for that truck, I changed the address of the registration to mine through the BMV, I have the license plate number and VIN number. I have a set of keys to the vehicle. I do not want to go to Texas to try to take it back. If I can get some money out of this situation, awesome. More importantly, if he can feel some pain for stealing my vehicle, I'd call it even.

FYI: This is my first ever reddit post, so please be kind. I'm not exactly familiar with reddiquette.

Answer:
 He can't "steal" the car- his name is on the title and legally it is his.

Your recourse is to sue him for some or all of the money you paid toward the loan.


Title: (Nebraska) Help my girlfriend is trying to kick out her room mates which neither of them are on the lease but think they should stay what should she do?

Question: one of them is really violent and the other is just as messed up as the first I told her to get the police involved as the two of them arn't on the lease to begin with but I really want some actual advice to give her thank you..!

Answer: They are tenants and she needs to give them proper notice to vacate per law. She cannot force them out without a court ordered eviction if they choose not to leave


Title: Does my 16 year old need a will? Explanation as to why I need to know

Question: [Michigan] I am a single dad, 100% custody - his mom left when he was 6 months old, and has had contact once (when he was 6 years old) since then. I have my estate in a trust, so if I die my ex (who I assume *could* get custody) can't piss away all his money. But if he dies just after me, she is his nearest relative. Should he, even *can he* make a will so it goes where he wants if this happens - to his cousins, not his mom?

Answer:
 That's a good question to run by the lawyer that you used to create your will.  If you're interested in an answer it won't hurt to run the question of "do I get a say in who gets custody if I pass considering the mother is completely out of the picture?" by the lawyer as well.Answer #2: A minor is not capable of making a will.

http://legislature.mi.gov/doc.aspx?mcl-700-2501

However, if you leave property in trust for your child, a properly drafted trust can say what happens if he either predeceases you, or if he dies with property still in trust.


Title: Helping dying old man from work

Question:
Asking because i'm not even sure what I could do for him.
The old man works for the company I work at, he has been working since it started, so we kinda of take care of him. He was alone on this country, his daughters and his only brother, they live in a different country. Couple months back, he wasn't feeling right, and went to the doctor, and to make story short, has has cancer everywhere.

Here is where the bitch I'm trying to cut off, come in. We knew he was living with someone here, but we never met her. She is def younger than him, and she is the one taking care of him in the hospital. Every time we went to visit him, she was there, and again she looked the part, she was taking care of him.

Fast forward a week and the old man just wants to go back to his country and die in peace with his family. We all O.K with and we say our goodbyes. We already knew he had left the country, and we were never gonna see him again.

Yesterday, we get a call at the company from his brother, asking if we had anything for him here, money wise. We thought it was weird, because he was actually making more money at work than most of the other people, and he got pay the whole month he was at the hospital.
This is where we find out, that he had no money left, the bitch had taken all of his money and all of his papers,(social,passport,drivers licence) and just sent him out like that. She actually when to another workplace he had, asking for money, and for information about him. She even asked his brother for any other paper he had.

He worked for long time here in the US, so pretty sure he has retirement money, and he has taxes to be done this year. This bitch is about to cash into all of this, and he is dying in a different country with nothing, so it kinda pissed me off.

We actually gonna sent him money, to make up for all this, because really, we don't want to see him suffer for a mistake he did, he was always a good guy, and we love him, we wish for his last days to be at least good. BUT, not in the mood to let this bitch get away with fraud.

What are my options here? Anything I could do, so she doesn't get anything more out this?
Thank you in advance and sorry for the long post.

**Florida State here btw.**

Answer: You don't have to be the victim of fraud to report it. If you have evidence she committed elder abuse you can contact police.


Title: What to do with the Ex's stuff? Please help!

Question: Long story short my Ex got back from 3 months of treatment for drugs. She got out 04/10/17 and things were going great for 2 weeks. She ended up relapsing twice and lying about it. The cops have already been at my house multiple times - each experience was great and documented. She is suicidal, using heroin and I have a 9 year old son. I kicked her out officially on  5/11/17. Prior to her going to treatment she stayed with me maybe a total of 2 months. She has never given me a dime for food, rent, etc I was supporting her 100%. She took some personal belongings on Thursday, but I know she will drag this on and not get her stuff (she says its not over, but I have blocked her phone and facebook.) When can I legally get rid of it? I have everything packed up nicely in the garage, but want to make sure I do the right thing and am trying to save on hiring a lawyer. I am in Snohomish County, WA near Seattle.

Answer:
 Do you have her address? Send her a certified letter telling her she has 30 days to contact you **and** reclaim her items from date of the mailing. Clarify that if she does not pick up her items or designate someone to do the same in 30 days (pending your approval), you will donate the items to St. Vincent de Paul or whatever.

Once you've done that, it's really on her to take action. You've covered yourself by notifying her and you took reasonable steps to reach out to her. If she refused to hear from you over phone or Facebook, there is nothing you can do about it. You aren't obligated to pay for a storage unit somewhere until she comes around.

Please be careful with your son and your property. You might want to get a motion cam just in case you think she might attempt something, like property damage. Answer #2: Just a thought, by my Spider Sense tingled when you said that you "kicked her out."  I defer to the more experienced folks here but if you let her live with you for a certain amount of time, regardless of whether she contributed financially or not, she may be legally a tenant and you may have to go through the proper steps to evict her.


Title: House got raided today.

Question: Earlier today a dozen cops showed up at my door with a search warrant. When I opened the door to let them in I put my hands up where they can see them and I was promptly grabbed and handcuffed and told that I was under arrest. I asked if I was being detained and I was told that yes, I was. The cops eventually uncuffed me and told me that I had nothing to do with the situation and they were searching for stolen goods our old roommate had hidden in our house. What I'm wondering is whether or not they were in the right to handcuff me and tell me that I was being placed under arrest when I was completely innocent. This was the first time I had ever been cuffed before in my life so it was a bit of a shock and I was just a bit curious if what they did was even legal. Thanks!

Answer:
 >I was promptly grabbed and handcuffed and told that I was under arrest. I asked if I was being detained

Please for the love of god look up the word detained in a dictionary.Answer #2: Generally it is legally acceptable for police to temporarily detain you for their safety and for the preservation of evidence while they conduct a search. Them telling you that you were being arrested isn't really an issue since they didn't actually arrest you.


Title: [MO] I'm almost 100% confident that a video of mine on YouTube is covered under Fair Use, but I've got a copyright claim that will auto-remove in four days if I don't rescind my final dispute. My question: is there no other way to keep my video up without having to get legal counsel involved?

Question: Title, basically. My non-monetized video received a copyright claim after being up for almost three years the other day. I followed YouTube's dispute process, but all their process seems a little bogus. They had me fill out Dispute #1 with my reasoning as to why I thought the copyright claim wasn't fair. I gave my initial reasoning, citing the four doctrines of Fair Use. But all they did was send my response to the claimers. And of course they rejected my reasoning. Shocking. Round two of dispute was the same exact process, but I just needed to provide a little more reasoning. Rejected again. Now I have four days of the seven days to allow their claim to exist on my video, or my video will be auto-removed. But I'm not into that. I want to fight this on principle. Am I right in assuming that they only way I can is to get an actual lawyer involved? If so, how much of an investment would that be? Is it worth it? Has anyone else gone through something similar? Any help would be much appreciated!

Answer:
 Fair Use is an active defense presented at trial, not at a DMCA takedown dispute. When you declare Fair Use you are admitting copyright infringement, but the use is one of the legal exceptions. It is an expensive and dangerous defense to make - best left to a copyright attorney to evaluate that before presenting it in court.

You have no damages, so no lawyer will take the case because it isn't monetized. Even if it was monetized I doubt your damages are sufficient for a copyright attorney to take the case.

To even get to that trial you are looking at over $50,000 dollars in court costs, bonds, fees, and attorney costs.