Title: Can I charge a “convenience fee” on credit card transactions in California?

Question:
I own a seasonal holiday lighting installation company in LA county. The last two years I have offered the option for online credit card payments instead of my normal cash/check in hand/mail routine. For “reasons” I am all but stuck using Square for this which has about 3% processing fee. I enjoy the ease of clients paying their bill online but with the high price point of my service, it’s not worth the dollars out of my pocket (per client it’s $15 min, $20 average, $90 top end outlier.) I’m getting pretty sick and tired of “ooh I want the points!” As they get 14 cents worth of gimmicky garbage at my exponential expense.

I am aware of the current legal grey area in California with credit card “surcharges”, and don’t want to touch that till things are clarified, which lead me to “convenience fees.” To qualify, the charge needs to be based around the “privilege” of using an alternative payment or a payment method not standard to the merchant. I haven’t gotten any good info on what exactly that all means.

I can’t currently change from Square, extra optional fees to cover my costs would NOT disgruntle my clientele, and doing a cash discount instead is not currently a viable option.

1: Can I charge a convenience fee for the privilege of paying online with a card?
-would I have to accept card payments AT ALL outside of that “online privilege”?

2: Can I charge a convenience fee just for using a card (even in person at time of install) because it’s not my standard method of payment?
-how would I establish such a thing?

3: assuming I can swing this at all, are there limits on convenience fees?

Answer:
 California had a law that prohibited fees for using a credit card but allowed retailers to offer a discount for cash purposes.  This was challenged under the First Amendment because there is no real difference between "pay more if X" and "pay less if not X" and states prohibiting the first but allowing the second amounted to a free speech restriction.  The court agreed that the statute prohibiting credit card processing fees was unconstitutional.

So you probably can charge a credit card fee in California.


Title: Seattle: Apartment building didn't pay the water bill, now they want the tenants to pay it.

Question: We got a notice from teh city saying water would be shut off in one month. Two weeks has passed and every tenant got an email from the land lord saying we were getting a $125 charge for water, sewage, gas. I believe it was included in the rent and there's nothing in the lease saying we were supposed to pay for this. What are my options? Am I hosed?

Answer: Tell them as it isn't in your lease you refuse to pay it. First make sure it isn't in the lease though.Answer #2: Typically a lease will have a section regarding tenant vs landlord responsibilities- and utilities will be spelled out under that section.


Title: Please help! My soon to be ex wife is violating the preliminary injunction and has sold EVERYTHING of mine from the house!!!

Question:
In AZ.  I have a restraining order against my wife due to her violence but we are able to communicate in regards to the divorce. I recently found out she has sold everything of mine on OfferUp and craigslist. Since she has refused to return my property, I have no way of getting receipts for any of the items.  I filed a motion of contempt against her and the court hasn't ruled on it.  Meanwhile, she sold everything I have ever owned.

What can I do?  I can't afford an attorney.

Answer:
 Start by saving copies of all of the craigslist/offerup offers that depict the items and (hopefully) her contact info.Answer #2: Can OP call the police for theft? NAL, so rather naive question.Answer #3: Possibly post on the reddit sub for your area. See if maybe anyone on there might have bought any of it?Answer #4: > I have no way of getting receipts for any of the items. I filed a motion of contempt against her and the court hasn't ruled on it. Meanwhile, she sold everything I have ever owned.

There will be evidence (digital) and you can probably find a lawyer willing to work on contingency. That being said find one now, so she doesn't have time to destroy evidence.


Title: WA - Roof repair invoice 76.4% higher than estimate. Advice please.

Question:
A local contractor has been working on my roof for a few weeks now, and sent the final invoice which was 76.4% higher (~$4000) then the estimate - total surprise to me.  The cost comes from what he calls an "addition", where he replaced the entire siding on a wall joining the roof (it was a lot).  I know some new siding was needed, but never the amount he ended up doing; in fact he specified, in writing, only some of the siding needed replacement.  Thing is, the estimate said additions require my approval.  He never told me, there was no change order, there was no approval, yet he "thought we were on the same page".

I know the deal with liens, I know that I now have a lot of nice siding, but in the end, is he going to win the additional $4000 due to his error or something more in line with the original estimate, like a 25% increase for extra services provided that were not approved?

Answer: This is one of those cases that is so incredibly fact dependant that /r/legaladvice is likely to be of little help. Basically, unless you can show bad faith, you're likely to be responsible for an amount greater than the estimate, but we can't guess how much.


Title: Can I drive while smoking CBD cannabis?

Question: I’m in WA. Can I smoke a cbd joint or cigarette while driving? Since CBD/hemp is part of the farm bill and it’s not psychoactive, i’m wondering if it’s treated differently than actual THC cannabis.

Answer:
 Since 2015, cannabis has been included in a variation of the Washington State open container law.

The way I read the definition in [RCW 46.61.745](https://app.leg.wa.gov/RCW/default.aspx?cite=46.61.745), smokable CBD-containing joints/cigarettes/cigars would fall under "any part of the plant *Cannabis*", and may not be within reach of a vehicle driver.

You have to try incredibly hard to get cited for possessing marijuana in Washington State, but smoking a joint while driving would probably do the trick.

You could defend against a DUI charge if the arresting agency took a blood sample, as long as you were under the per-se impairment limit of 5 ng/ml of THC metabolite.  Unfortunately many regular marijuana users are above that limit all the time even when entirely unimpaired, so if CBD is just your drive-time drug, then you're at risk of a DUI you don't deserve.


Title: (Georgia) Ex's family threatening me if I go to the police.

Question:
I broke up with my emotionally abusive, sometimes physically abusive ex. I found out he had been recording me with a motion activated hidden camera pointed right at the bed. (I've contacted a couple of the girls in the videos and none of them care. They were more interested in telling me how much better they were than me. Can the police not contact them because I feel like they'll undermine this case?)
I wanted to go to the police when I first found them, but my ex and his family basically told me if I did, they'd go after my family(I don't know what that means, but my ex has threatened to shoot my family. I've asked his parents to take his gun away, but they haven't said anything.) This is where it gets weird. They told me how close they are to 2 former Presidents and how they'll be forced to get involved in this mess. I know they're not lying because I've seen pictures of them with a couple Presidents and politicians. Everyone in his family is a lawyer.
Any advice on what I can do? How should I handle something like this?

Answer: Go to the police. Tell them about the threats. You may qualify for a protective order, and the police will be able to give you information. GA also has a revenge porn law, so it would be illegal for him to send sexually explicit videos of you to others.Answer #2: Ok, just because they have pictures with presidents doesn't mean they are close to them. Basically, anybody who gives enough money at the right fundraiser can have their picture taken with whoever is headlining the fundraiser. Our living ex-presidents have better things to do with their time than get involved in a romantic breakup and hidden camera porn, and none of them would be overly interested in having their name associated with this kind of crap, so don't be intimidated. Go to the police.


Title: [TX] Landlord renewed a lease that was month to month and forged my sisters signature

Question:
There's a judgement against my sister because of it. My sister can appeal it but is there anything other than getting a lawyer she can do? Also any legal action we can take?
Topic:
Landlord Tenant Housing

Answer: Did she go to court to make her case initially? If not why not?


Title: How do I protect myself from people using my public wifi maliciously?

Question:
LOCATION: United States

I own a coffeeshop in the US and got a letter from HBO saying someone torrented one of their shows using the public wifi in my coffeeshop. They told me to make sure this activity seizes immediately. How do I protect myself from this kind of thing? I thought about using an authentication/disclaimer page after a customer connects to my wifi network, but does that really protect me? How would they know I wasn't just using my coffeeshop to download torrents in my spare time? I could block sites like pirate bay and such but I want to make sure I'm protected from all edge cases. Advice?

Answer: Get a better router or switch and limit what the public can do.


Title: (LA, USA) Police came into my house without a warrant and seized small amounts of marijuana.

Question: On Christmas night my roommates and I were smoking marijuana and received a knock at the door from an old man claiming that the cops were looking for someone. A few minutes later 4 police officers are banging on the door and the second we opened it they start asking us "Wheres the weed?" They pushed their way in and questioned us, threatened to send all of us to jail and seized everything. They charged me and one other roommate for posession and finger printed us and read us our rights. I understand that marijuana is not legal in my state but I want to know if any of this is justifiable if I have to go to court. There was nothing in plain view of the door and they followed the smell to the back room of our house. They claimed that it was "probable cause" because they smelled marijuana, but they did not have a warrant to enter or seize anything from us. All of this happened because we had 2 grams. Can I fight this in court?

Answer:
 Maybe it was legal and maybe it was not.

You can certainly fight it in court.  An attorney will help you do that.Answer #2: Get a lawyer, you're facing serious criminal charges. Your lawyer can advise you on whether the search was lawful, and, if not, how to suppress the evidence uncovered.


Title: Health Insurance canceled my coverage retroactive to 6 months ago.

Question:
I got laid off from Company A on Nov 2017. I had insurance through the company plan, for the whole family. Upon my termination, they told me they would extend my health insurance coverage until the end of the year, and told me I could sign up for cobra if I wanted to.
The end of the year came, I didnt receive anything about Cobra, and after doing the math the old insurance was WAY better than the options on the marketplace so we decided to take the Cobra option. I contacted the Health provider (United Heath Care) who connected me with the Cobra "department" who told me they were the Cobra Managers for my former company. I then talked to them, and they had no idea I was even laid off, that the termination happened. I knew I only had so much time to elect to use cobra, so I pushed the UHC Cobra to contact my company and get the info so I could elect it so I didn't miss the dates. On Jan 8th I got my notice I got enrolled in Cobra, and paid my first bill and setup auto pay, which I paid on time every time.

Since then, we have used our health insurance like we used it before, me and my wife see therapists which is a huge expense covered by our insurance. My daughter had some rare skin disease called Henoch-Schonlein Purpura (HSP). It was scary but all is well, but we did end up going to the emergency room and seeing the doctors a handful of times.

Now fast forward to last week, my wife was trying to use the insurance to get some prescription meds, and the insurance came back as invalid or expired. She got denied. We contacted UHC cobra, thinking it was a small mishap and they told us they would "investigate it" and contact us back. After researching for about a week we got an email that said my former company had switched to a plan that didnt include Cobra continuation and that my coverage was never active, and that they gave my money to my former company to pay for my coverage, and that I should contact the former company to get my money back (almost $8000).
The email also said that they terminated my former company with their cobra management services.

I contacted my company twice last week, but I have not heard anything back. The therapist received a letter demanding all the money paid for our claims back. I am afraid that every provider will receive this letter and I will be responsible for a huge bill.

I also want my coverage back...
What to do?

Answer:
 IANAL but worked for blue cross as a corporate trainer

Cobra is somewhat complicated, and there’s a few factors that go into it. I’m going to assume your former employer had over 20 employees as that’s when cobra laws mostly kick in.

Cobra is basically just you paying the full price for your employers insurance plan, I’m not aware of any plans that don’t include cobra continuation unless it’s a small company with fewer than 20 employees.

The most likely scenario is that your business switched insurance companies, they’re supposed to contact all employees who are on cobra or who are eligible to explain change in benefits/rates etc and give them that option, they may have dropped the ball there, or tried to contact you at an old address etc. since the insurance company has been forwarding your premiums to them you may actually already be signed up on the new plan just without the ID cards to use it.

My first step would be to keep pestering hr at your old company, try to find out at least what insurance company they’ve changed over to and if you’re still listed as enrolled/where your payments have been going.


Title: help my brother needs me

Question:
I am located in Pennsylvania
my 12 year old brother with mild autism was arrested in middle school for making a school shooting joke.. let me be clear I am not defending what he said and I know the gravity of such a horrible joke. However, is there anything that can be done and what am I looking at in charges or otherwise. Please help me I'm desperate and do not know what to do.
Topic:
Juvenile and Youth Law

Answer: He needs an attorney. He needs to only speak to said attorney.


Title: Trying to buy a used car from a man who says he "doesn't own it yet", and wants me to pay off the finance company.

Question: So, I'm in the market for a used car (Boston, MA) and found one that I really like. It's in great condition all around, the problem is that the man selling it told me that he's still making payments on it to the finance company. He seems unsure of how to handle the sale, but I called the company and they said that I would have to pay him, he would pay them, and then "we could handle the transaction after they sent him the title". My question is, what's to stop him from taking my money and running with the title? Would I have any legal recourse if he did? The amount he's asking is a lot for me, so I don't want to take any chances with it.

Answer:
 If it's financed though a local bank, do the sale there. That way he can pay off the vehicle and you can either get the title, or the paperwork from the bank saying the lein has been released and they will mail you the title.

Don't just has him a wad of cash and hope he does it.


Title: [XPost from /r/needadvice] How do I handle harassment and intimidation from a cop?

Question:
This past Friday, I received a phone call in the evening from an unknown number. I answer. The call went something like this:

Me: "Hello?"
Caller: "Is this xxxxxxx?"
Me: "Yes. What can I do for you?"
Caller: "You can hide. This is [Jonatholomew]'s dad. I'm gonna beat the shit out of you, you worthless prick."
Me: "... Excuse me?"
Caller: "When I find you, I'm going to gut you, you son of a bitch! I'm gonna smash your fucking face in! When I find you, you're dead! You hear me!?"
...
Me: "Look, I'm sorry for whatever I did to make you so angry, but I don't know-"
Caller: "You're done. I'm going to find you." I go to speak again, but the line clicks.

I sit with my friend in total shock for a moment, until rationalizing that it must have been a prank call. Jonatholomew's dad is a police officer, in fact (I believe) the chief of police in a local municipality.

Jonatholomew's relation with me is this sortof short story: I went to school in grade school with his older sister. Now he is about fourteen, and I am an adult under twenty. I was good friends with Jonatholomew's sister, seeing the family often for a couple years, including their dad.

Now, Jonatholomew occasionally asks me (about once a month, for a grand total of maybe six or seven times, to buy him cigarettes or pouches. We're cool, I don't mind doing it. I don't do it for anyone else. Well one night (about three weeks ago) he asks me if I have any bud, and I agree to sell him a twenty. The time is late night, after my workplace closed. I was sitting in the parking lot with some friends. I tell Jonatholomew to come to the area and text me, planning to drive over to meet him somewhere. Next thing I know, he's calling me, saying he's outside my vehicle. I reluctantly hop out, tell him that I don't appreciate him coming here, and Jonatholomew's friend hands me a twenty dollar bill, and I hand them the bag. They leave. Then call me asking if I have papers, so I give them a single rolling paper. They leave. Again, this was about three weeks ago.

So I'm thinking, there's no way that Jonatholomew's dad, a police officer, is threatening me because I sold his son/s friend some weed. I rationalize that it's a prank.

TODAY, my manager calls me into his office halfway through my shift. He says he just got a phone call from Jonatholomew's dad, a police officer, saying that I sold his son a bag of weed on workplace property. He asked for the names and numbers for my boss and his boss. Me and my boss converse for a while, and he explains that he does not want to let me go, but must, because it is out of his hands. I promptly leave. And here I am.

I'm quite sure they have no evidence but the accusation from Jonatholomew or his friend. Perhaps text messages?

I'm scared for what's going to happen next--if he will take lower, personal blows and try to wreck my life, or try to go to court. His threatening phone call was really believable, and I am genuinely scared for what this man is going to do. I don't know how to handle this situation. I'm a student, I've had this job for two years, and it's like a family honestly. I can't afford to let this go any further. I think I need to talk to him, but I am afraid to antagonize him.

TL;DR Younger friend's cop-dad knows I sold his son weed, and wants to ruin me--hasn't pressed charges, three weeks since incident; first contacted me via death threat phone call; told my boss I did it at the workplace, got fired. What do I do?

[Edit] Pennsylvania, USA is my location.

Answer: If you believe he's using his authority inappropriately, you can file an official complaint with his superiors.  If he's the head of the office, consider calling the state police or your local FBI.  Additiontally, the municipality's governmental body(city council, county board, whatever) can handle this.


Title: Car Accident 2016 - Now judgement has passed for 57k+ and my coverage is 25k and I never got the summons

Question:
Hey Everyone,

I got into an accident in feb 2016 in Centerville Georgia and afterwards I was sued by the driver of the other car. No tickets were issued to anyone.  I get a summons for court around august 2016 and I talk with my attorney and let him know. Later that year the case is dismissed. They later opened another case around april 2017. In feb 2017 I had graduate from school and moved out to an apartment. The Summons was sent to my old address now and the person who signed off on them was my dad who barely knows english and has poor vision and had 2 seperate vitrectomy surgeries just 4 months prior. He ended up signing that he received them but never gave them to me because he forgot and he lost them as he cant distinguish the letters from each other. Now Its April 2018 and I get a call from my insurance saying there was a default judgement against me and they had no idea as the guy sued me directly without notifying the insurance nor my attorney. to top it all off the plaintiffs attorney called the insurance company 33 days after the judgement to let us know, hey btw you have been defaulted to pay 57k when they knew I have 30 days after the decision to appeal. I just need a second opinion as the insurance lawyer who does not own the case has stated I have a great chance at this to set aside the judgement. Im just making sure hes not just trying to score another case so I can look for outside help. Thank you

Answer: You can very likely have a default judgement vacated if you can argue improper service. The laws and procedures regarding this vary from state-to-state.


Title: Moving from CA to TX, got my keys to my apt yesterday and apt had roaches and is in poor condition

Question:
I'm not going to be officially moved in until around the 16th but I came here early for the weekend because I wanted to get my keys and set up utilities before I travel here with all my stuff.

After getting my keys from the not so pleasant lady at the office I went to look at my apartment for the first time and found roaches in the bathroom and the kitchen. There were cabinets that had the bottom sunken in. The bathroom mirror had glass chipped off. The drain in the tub looked disgusting and corroded. There was dirt and dust in corners of the floor as if it hadn't been cleaned at all.

I went back to the office immediately and told one of the other girls that I had roaches in my apartment and she didn't seem the slightest bit concerned and said "did you want us to send pest control or.... what did you want to do?" I told her I don't want roaches in my apartment and she said "obviously. Did you want us to send pest control?" I asked what the other options were and she said she could see if they could move me to another unit and I said I'd prefer that.

Now they're telling me the only other available units are two other ones that are approx $60 more/mo.

I really don't want to pay more for a different unit but at the same time I don't trust that they will have this problem fixed before I get there in a couple weeks. I have two pets and my parrot likes to throw his food on the floor while I'm at work so risking moving in without the problem solved just doesn't sit well with me. The roaches would have a field day with my messy parrot

Is it appropriate to ask for the same price I pay now for the other unit? I'm just at a loss and pretty stressed out right now.

Thanks in advance.

Answer:
 You can certainly ask to pay a lower rate for another unit.

However, after seeing how they conduct business after being told they're infested with roaches, are you sure you really want to rent from those people? Answer #2: If one unit has roaches, they *all* have roaches.Answer #3: Tx has more roaches than the west coast.  I dont know if you will be able to get out of your lease because of a roach problem.


Title: Can I pull up in time, or am I crashing and burning?

Question:
 I recently purchased a home this spring in Ohio, USA.

I had the home inspected, and there were various small issues to handle like all homes.  There was this one sliding glass door however that obviously has/had water damage.  I figured the door was old and had sustained the damage from years of a little water pooling in front, or maybe the grade away from the house was not steep enough.  I asked them to replace the door and at the same time expressed my concern about a possible water issue.  They refused on the door, but ASSURED me that they had never had any water drainage issues at the door.

I watched it rain for the first time at my new property.  The water doesn't pool..... it just run right into the door, and is absorbed by it, or runs under my foundation.

The water doesn't drain off the roof properly, they didn't bother installing a drip edge. ( I knew the roof would need replaced soon, but I was unaware of improper installation.)So the water doesn't even make it to the gutters.  It just runs straight down in between the house and gutters. And just spills gallons right in front of the door they told me they never had water issues with.

Questions:  What do you actually have to disclose?  And do I have legal recourse for their straight up lie about the drainage issue with the door?

Answer:
 IANAL It sounds like you have two issues:

1) your home inspection did not discover the drip edge problem. That could be causing more problems than just water not making it into the gutter. It could be causing the roof sheeting to rot. I would try to get a contractor to look at it as soon as possible to tell you what possible underlying damage exists. Get video of what happens when it rains to demonstrate to the contractor what you're seeing.

Unfortunately, most home inspectors are only liable up to the price of the inspection (a few hundred dollars) but you can possibly get some or all of your inspection fee returned to you if your inspector missed something that can be seen with the naked eye.

2) It sounds unlikely that the sellers were unaware of gallons of water overflowing in front of a glass door. Contact the realtor you used to purchase the home and/or a real estate attorney. They should help you determine if this is a disclosure issue and if the sellers need to compensate you for the problems. Again, video will help if you need to go to court.

Finally, if you haven't yet, check and clean your gutters. If your gutters are clogged and overflowing, it may be causing or exacerbating the problems you're seeing. You have a duty to mitigate further damages.


Title: Chicken issue...

Question: I rent my home and my landlord has allowed me to keep chickens. The neighboring home is used for business only, nobody lives in it, but people come and go daily. The property I'm on is completely fenced in and my girls free range all day long. Well apparently they found a place along the fence line (covered in thick shrubbery) where part of a tree from the neighboring property has crushed the fence. The girls have been visiting their yard and tearing it up. Now they've threatened me with calling in a landscaper and hitting me with the bill to fix it. Can they do that? It's not my fault they got over there. Wouldn't it be some sort of negligence on their part over the tree damaging the fence??? I'm nervous...

Answer:
 >Now they've threatened me with calling in a landscaper and hitting me with the bill to fix it. Can they do that?

Yes, of course. Your chickens damaged their property, you're responsible for that.

>It's not my fault they got over there. Wouldn't it be some sort of negligence on their part over the tree damaging the fence???

You are responsible for ensuring that any animals you own are contained. Other people don't need to protect their yards against a chicken invasion, you need to make sure the chickens cannot get out of your yard.


Title: Working a 16+ hour shift with no breaks?

Question: [deleted]

Answer:
 From what I can tell, Wisconsin does not have any protections regarding rest breaks, unless you are a minor. Are you 18 or younger? If not, your employer is not required to give you breaks:

https://dwd.wisconsin.gov/er/labor_standards_bureau/breaks_and_meals.htm


Title: Confused about US traffic speeding laws, especially on the highways. Need clarificiation about the 65 mph limit.

Question:
I just started driving in the US and had my first trip (around 160+ miles) in California. I took the carpool lane on the highway and noticed that there were several cars (I could easily count 5 or more at any given point in time) going 80-90+ mph, when I tried sticking to the 65 (+5 to 15) mph speed limit. I got passed over and honked at so many times for trying to stick to the maximum of 10-15 miles of the speed limit (i.e. my maximum speed never exceeded 75-80 mph). This got me thinking:

* Was I legally blocking traffic behind me, for trying to stick to the speed limit ? Could I get ticketed for doing what I was doing ? (the thought in my head at that time: Should I speed up over the speed limit because I am blocking the traffic v/s should I stick to the speed limit without caring about the honking).
* Am I allowed to drive faster that the posted speed limits if everyone around me is doing so ? (I distinctly remember a Camaro, a Tesla P85D and a Corvette zooming and zigzagging across the freeway at 100-120 mph).

What sort of speeding rules do good citizens follow while driving in the highways and normal roads? I really don't wish to get ticketed, since the fines are insanely high here.

Answer:
 Non-legal advice: if people are passing you on the right, move to the right.  Repeat until people stop passing you or you are in the right lane.

Legal advice: you can receive a speeding citation if you go over 65.  You can receive a citation if you're going 70 and people around you are going 90.

Edit: In a 65 zone obviously


Title: Suing an urgent care center for malpractice/poor diagnosis?

Question:
My wife slipped on some ice during a storm, we took her to an urgent care center nearby as it was about to snow 12 inches and we wanted to get her checked out asap because she was in a lot of pain and we didn't know when we'd be able to make it out again, plus having the day off made it easy to find a time to go.

At the urgent care center they looked at it, did an x-ray, didn't see anything broken and said it's probably just a bruise and sent her on her way. Despite the fact that she told them she didn't land on it when she slipped, she landed on her butt, her knee didn't even hit the ground. They didn't do a knee test to check on her ligament stability at all.

Cut to two-three weeks later, she's been walking around thinking it's just a bruise, no brace or crutches or anything, just icing and advil. It hasn't improved at all so she goes to our primary care center for another evaluation. He immediately does a knee ligament stability test and immediately identified it as a ligament tear, gave her a brace, exercises to strengthen it and a PT to call.

Since then she has been slowly improving but it's over a month/6 weeks and she's not much better from where she started. I am worried that the weeks of going about on a torn knee ligament thinking it was a bruise caused excess damage. At 29 years old she's not as quick to recover as a younger person might be and I am worried this could be a lingering ailment all due to a misdiagnosis on day 1.

What are your thoughts? Thank you for the help

Edit: we are located in Medford north of Boston

Answer:
 > I am worried that the weeks of going about on a torn knee ligament thinking it was a bruise caused excess damage.

You need to prove that.

In order to prevail on a medmal claim, you need to prove that the original doctor didn't meet a proper standard of care *and* that the failure to do that caused further damage.

A misdiagnosis doesn't automatically mean that they failed the standard of care.  Medicine is not an exact science.  More, you haven't yet proven that the delay caused her any damage.

Start by fixing the problem, and talk to her current physician about the delay and whether they think there's anything there.  You can then talk to a medmal specialist about a suit.Answer #2: You aren't going to be able to sue for "maybe there will be future damage." To ever sue you'd pretty much need to be able to say that damage could be attributed to the facility's negligence. I don't think they were negligent from your depiction of the events. Also, I've never gone to urgent care or the ER without following up with my regular doctor ASAP. Is that not standard?


Title: Canada - Sister is pregnant, baby's father threatening to take baby or go for full custody if she doesn't get an abortion! :(

Question:
**UPDATE: Plane tickets are purchased, the other sister is going to get her next week!! They are staying over one night and flying out the next morning. We collectively agreed that her being safe is more important than waiting another week in her pregnancy. In the mean time, she will be checking in with someone (one of us or a friend) several times a day just to be sure of her well being. All of us sisters worked together and pitched in to make this happen. She is able to bring her clothing, computer, a few personal items and I paid for her kitty to be flown with her in cabin. Being able to sleep at night is the greatest relief.  Thank you everyone for your support!**

Hello.

Background info: She moved to another province to live with this guy. He is a real piece of work. He has been very controlling. He goes through her cellphone, won't let her talk to men, and has a horrible drinking problem. He cheated on her and comments regularly on how he is going to go visit the other woman. He calls her fat, stupid, etc. She finally kicked him out in December. However, he will come over often and she is too afraid to say no to letting him in. She is by herself in this province, she has no family to help her.

She decided last week to return to her home province, in order to raise the baby with our mom. She told him yesterday that she was going home, and he didn't speak to her until today. He gave her his ultimatum: have an abortion, stay in their province and marry him or he will take her to court and "make sure" he gets full custody.

So basically I am asking: What can I do to help my sister? She is pregnant, can she leave her current province or does he have rights? Can he get full custody? How can she prove he is abusive (if there is nothing physical)? I told her to record him speaking to her... will that hold up in court? I really appreciate any help.

PS - I hope this all made sense, if anyone needs anything cleared up I will try my best! I am fairly upset, as you can imagine!

Answer:
 Courts are extremely unlikely to award even majority custody to the father of a newborn unless the mother is proven to be negligent or a danger to the child or herself. He won't get full custody just because he takes her to court. Answer #2: He is REALLY good at scaring HER....but the courts will recognize how big of a MORON he really is. He just can't stand losing control....he loses a little more each day. Answer #3: simply put, the odds are not in the dudes favor...

with that said, have her start documenting any and all abusive behavior or threats


Title: Therapist has $2k of mine, I would like to quit, but he won't give refund

Question:
Saw a licensed professional counselor/psychotherapist for 6 months, he kept encouraging me to go on a "vision quest" with him and some others. The cost was about $2300. I signed up at the last minute, paid cash, no receipt. There is specific language in the package that there would be no refunds after a certain date, which I paid after, but that I could transfer the tuition to another program of his.

 I'm moving soon, and I have no desire to use any more of his services. I've asked directly and politely, in writing, for at least a partial refund. He's stonewalling me, and not budging on the refund, just says I can use the money to skype with him long distance : p

This is in North Carolina. What should I do?

Answer:
 You paid cash, with no receipt, after the date of no refunds? NAL, but I think you're pretty screwed. Answer #2: Maybe you should go see a real doctor.Answer #3: Something tells me his license wasn't worth the paper it's printed on. Pretty sure you got scammed.

Even if you didn't:

1. Cash - Practically untraceable

2. No receipt - No proof

3. Paid after refund cutoff listed in terms of package

Even if he's legit, you understood and agreed to not being able to get a refund, only a transfer to one of his other programs. For amounts this large, you should always pay with something that creates a trail. Checks, cashier's checks, cards, etc.

Take this as a very expensive lesson.


Title: How do you remove harmful personal info from google search results?

Question: So my friend was charged with assault and battery a few years ago after she got into a fight with a friend, however the charged were dismissed in court.  She has been trying to get a new job but if a potential employer googles her name, the police log shows up detailing her charges.  Is there any way to remove or hide this information effectively for a relatively low cost? Any help would be greatly appreciated as this is presenting a huge issue in her job search.

Answer: All she can really do is hire an SEO firm to help push those results down. It won't be that cheap.Answer #2: She can't force Google to remove the information because it's true , but she can hire a company to fill her name results with a bunch of positive stuff so whoever looks her name up would have to dig through it to find the charges.


Title: [USA] - Faking community service for probation?

Question: My friend put my phone number down to fake community service hours for court probation. My name wasn't included, only a BS ilegible signature. Will I get in trouble if they find out, and will they call my number at some point? I know I shouldn't have done this and I do regret this decision. I'm just worried right now

Answer: If they call you, tell the truth. Your friend deserves what he gets and obviously hasn't learned his lesson.


Title: Girlfriend left with baby and left me with all the bills - AZ

Question:
Hello,

I reside in Arizona. I recently came home to an empty apartment a week ago to found out my girlfriend was leaving me and taking my 7 month old son with her to her grandmothers. I am not sure what to do really about the bills and my son. I am worried she would come here and take things while I am away at work as I do work long hours in the middle of the day and get home very late at night. I confronted her about cheating on me a few weeks ago and ever since then things really fell apart. I just want to know what I should do to prepare myself on the child side as well as the bills and her being allowed access to my apartment as she is on the lease. I have access to a program at work that makes obtaining lawyers much cheaper for me; kind of like insurance for legal needs. Thanks again.

Answer:
 She can indeed access the apartment, she lives there.

 You need to just go ahead and see that attorney so he can help you pursue a formal custody agreement.

 You can probably sue her for her portion of the rent/other payment based expenses.


Title: What would you ask for if you had to ask your boss to say sorry in $ for sabotaging your access to help and lying about you after you got hurt at work (6years of them lying, a bankrupcy (yes med costs in Canada, mind lost, humanity near dead.) have no one to ask, opinions?

Question: [deleted]

Answer: About $3.50.Answer #2: Op, it sounds like you suffered brain damage from your accident? Is it possible to have someone post for you that knows your situation? It's impossible to for advice with what you've written.


Title: [AUS-WA] Can Paypal legally hold my funds for 180 days?

Question: I have created a Paypal account for buying and selling and hit $1,000. This kicked in the Australian money laundering act laws and limited my account until i could provide confirmation of my identity, but I am just under 18 and therefore had to provide information that confirmed that, but obviously that didn't match my account because you have to be 18 to create a Paypal. So now they are holding my funds for 180 days, and then releasing them to me. I have not violated any part of their acceptable use policy, and have no strikes or anything against my account, the only thing is the wrong age. What can I do? Can they legally hold my funds?

Answer: So right off the bat you lied to them and now you're upset that things didn't turn out well.


Title: No Trespassing in Oregon. If someone walks through your property for enjoyment for a long period can they claim a RIGHT to do so?

Question:
I live in Southern Oregon at the very end of a private road.  In front of my house is a irrigation ditch/rd.  This is part of my property (surveyed to prove it) but the irrigation people and one neighbor have an easement to use the rd for irrigation purposes.

This irrigation ditch road that is there for maintenance of the ditch is also the connecting piece to square loop people like to walk.  After living here for 15 years and having numerous issues on and off over this time.  People angry because our FRIENDLY but annoying dogs come and bark at them, neighbors hanging out in front of our house chatting while our dogs inside go crazy, had a lawyer right a letter saying our dog killed his and when we went to speak with him his dog ran to the door and he. Get this. Said "scared you didn't I?" We have had people of dirt bikes that fly by etc... etc.. etc... in the beginning it was just neighbors, now we get people parking at the end of our road to walk "the loop" and one of our neighbors invites people so the traffic is getting out of hand.

So there is some background but the biggest issue is out immediate neighbor who has claimed on and off over the years that the property is in fact hers.  This came to a head about 8 months ago when she sent us desist letter.  In the letter she claimed that we verbally abuse her whenever she is out side her house (lie) that we threaten her with a shot gun (LIE we don't own a gun of any kind) that we go on her property and let her animals out. (lie we would never do that).  She then called the Sheriff on us who actually tried to use a picture from the county website to say it looked as if it was her property and to stay off until we could prove otherwise. We said UM, NO! and explained to him the easement for the ditch is against us so how could it be hers etc...

Long story short after her video taping us and trying to start problems she got a survey that proved what we knew. The property is ours. She didn't tell us and she didn't pay to have it staked, we only knew because we saw the truck for the company and called them.  As soon as I have the money I will have it marked.

So to my question. We have decided we are done allowing people to cross through our property. We have always had signs and gates but because of the easement for the irrigation people we cannot completely block it.  There attitude towards us is they have done it forever and that means they have some right to keep doing it.  We are in the county so it isn't feasible to call the cops every time because it goes to the sheriff and we don't always know who is walking to know where to send them.

This hopefully makes sense, I am shortening a 15 year saga here!
[Imgur](http://i.imgur.com/cOU7cWU.jpg)  Edited to add link. Green is the other private rd, red is the section in question, purple is our driveway/house and the rest of the road we live on. black is the main road.

Answer:
 http://www.avvo.com/legal-guides/ugc/oregon-law-of-prescriptive-easement

It appears that in Oregon, the period of open or notorious use needed to create a prescriptive easement is ten years. You say it's been 15. Adverse possession is a complex beast and it seems like the court would make certain presumptions in your favor, but there's nothing in the above article to suggest that you're definitely on the right side of this. I think you need a lawyer, friend. Answer #2: Your land issue is probably more pressing, but the lawyer who sent you that letter lying about his dog being killed by yours could face discipline for his actions.  He is (part of) the reason people dislike lawyers.

Oregon Rules Of Professional Conduct:

8.4(a) It is professional misconduct for a lawyer to

(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation that reflects adversely on the lawyer’s fitness to practice law.

If you're feeling salty about it, you could let the Oregon State Bar know. They'll review it.

https://www.osbar.org/public/legalinfo/1174.htm


Title: Isn’t this Post that’s currently at the top of my front page actually illegal? I’m thinking that it’s in violation of the FDCPA, but I’m not too sure.

Answer: well, since it's mentioned in the comments that it's from Halesowen, West Midlands, UK, the FDCPA doesn't apply, since that's a US law.Answer #2: In the US that doesn’t cover the original creditor, just third party debt collectors.Answer #3: Assuming that this had taken place in the US, what provision of the FDCPA do you think would be implicated?


Title: [US-CA] What is the correct form of action when trapped by protestors while driving to work?

Question:
https://www.youtube.com/watch?v=HINhIjZ7Yzo&feature=youtu.be

There were a ton of protests today and luckily, I wasn't caught in one, but my friend was.

In the video, you can see people trying to push them aside while the cars try to inch forward.

Are either of those actions legal? I understand that pedestrians always have the right of way, but they're standing on the entrance to the freeway, trapping people who tried to get on and now can't get off.

---

Please bear in mind that I do not support either side of the debate regarding the protests, I merely want to know what to do next time I'm trapped in such a situation.
Topic:
Traffic and Parking

Answer:
 If you have a reasonable belief that you are being threatened (see, for example, the videos of Reginald Denny being dragged out of his truck and being beaten almost to death during the Rodney King L.A. riots in 1993), you can floor it and run them over.

http://en.wikipedia.org/wiki/Attack_on_Reginald_Denny

If they are merely peacefully blocking you, you can try to move around them, ask them to move out of the way, honk, or otherwise try to move without causing harm.Answer #2: As long as you are in no danger, you stay put with your windows closed and doors locked, call 911, and wait for police to arrive.

If you even touch a pedestrian with your moving car, you open yourself to citation and civil liability if you hurt someone.


Title: Parents running from CPS

Question:
I called CPS on my mom Saturday night because she was beating my 9 year old brother and possibly ruptured a hernia he’d previously had surgery for. The woman working our case met with my six younger siblings (I’m 22) yesterday afternoon and said she’d come back to speak with my parents. My 19 year old sister was going to take him to the ER yesterday but my parents freaked out, terrified my siblings, and kicked my 19 year old sister & 15 year old brother out of the house. My 12 year old sister called the cops who showed up and my parents (who were both drunk) said everything was just a misunderstanding so the cops left. Meanwhile this morning my mom finds out about CPS, takes my siblings phones, unplugs the landline, and essentially holds them hostage in her room. I had the cops do a wellness check and the officer said he met with her as she was leaving the house with them. She again said everything was fine, but now I can’t get in touch with her or my dad because they’re not at home. They’ve both snapped and I’m worried about the safety of my siblings, especially since my dad has guns and my brother is still hurt. There’s an officer now working the case, but is evading CPS a crime? And is this some type of kidnapping? If it matters they’re in Missouri and unfortunately I’m trying to help from a few states away.
Topic:
CPS and Dependency Law

Answer: Dont stop calling cps and the police until sonething is done. It is horrible they have to suffer at the hands of their own parents. Keep pestering the police and cps. Do u have any other family or friends close to your parents that could also call and make a complaint?Answer #2: Keep at it. It ounds like you and your siblings even the 12 year old are very level headed. This is horrible and if your local police are dragging feet consider reaching out to a sherriffs office or your state police.  Answer #3: It is definitely a crime to keep your siblings away from CPS. Especially if your brother is being beaten beyond reasonable corporal punishment and they aren't getting him medical care. That's abuse and neglect right there. I hope the detective and/or CPS is doing the diligent searches for them. Best of luck to you!Answer #4: Don’t take your siblings opinions into account, I had a friend who’s mom beat her to near death for months who still wanted to stay at home. I found out and despite her protests got her help


Title: [CA] Pulled for speeding, but now in trouble for not having Cali license (I'm a recently-arrived Brit) - advice appreciated

Question:
Hi folks.

/r/AskSF suggested I post this here.

I was pulled over for speeding (a bit) earlier today. No biggie - I deserved it.

But - the cop cited me for not having a California license, saying I had to get one within 10 days of arriving here.

I'd like some advice, please, as I'm confused.

Some people have told me that while it's a good idea to get a California license, it's not essential in some cases.

My circumstances are thus:

 - Full clean British license which is valid for a few more years
 - An i-visa (media) ... which is for temporary residence. My employer is based in the UK, I'm here for two years. I pay tax in both countries.
 - My car is rental, and I was using it for work (I haven't used it for any other purpose - I live near a bart)
 - I've been in the US for just over 2 months, but SF a little less. I've travelled frequently in that time for at least 4 days at a time ... DC, Seattle, Las Vegas and LA next week.

Do I have a case for this to be dropped?

I note the needing a CA license is based on *residency* - I'm wondering if my visa status and living arrangements (I'm renting) might mean I'm not classed as a resident.

I'm arranging a test at the DMV asap anyway in good faith, but $250 and a criminal record is something I want to avoid.

(But I of course have no issue paying the speeding fine)

Thanks in advance.

Answer:
 California cop here coincidentally employed in the SF area but I haven't stopped any brits lately.  Please read 12502 and 12505 sections of the California Vehicle Code.  You have 10 days to get a local driver license once you establish residency.

Established residency is a little bit fuzzy. Based on your narrative, probable cause certainly exists to cite you for 12500 CVC unlicensed driver.  You live/plan to live here for at least two years. You earn an income primarily in California.  You pay state and federal income taxes.  You presumably have a lease and bills at a California address.

Now for the good news. 12500 CVC is actually a fix it ticket. If you get a California license before the court date, the charge will be dropped. Just present it with the citation to any peace officer for a sign off.Answer #2: >I've been in the US for just over 2 months,

You're still required to get a CA driver's license even if you are from the UK if you're living/working there. Go onto the CA DMV website and set up an appointment for you nearest one. (Many CA DMVs have appointment systems, I only realized this after going through it the hard way.)

Show them your UK license and you'll probably have no trouble being issued a CA license. When you go to court show them that you resolved the issue and they may drop the ticket.


Title: Landlord sent personal information in a group email with other roommates - is this a violation of my rights?

Question:
Location: MA, USA

First off, I'm an incredibly private person. I take it very seriously. So I need to know am I being ridiculous or is this a legitimate issue? I'm moving in with my girlfriend and the landlord required a lease update. For the application I had to send an image of my driver's license, my last 3 pay stubs, plus my application (which included my ssn).

When he sent the lease update to me, he CCed all the roommates, while attaching the documents I sent PLUS my credit report. As someone who is quite sensitive to private information being exposed, this is incredibly invasive for me. Is this standard, am I being over-sensitive, or did he violate some kind of law by exposing SO much of my personal data?

* Here is my main concern: Even if I trust my former roommate, all it takes is her to leave her email open on some insecure network or someone else's computer and that person finds my personal identification information

Answer:
 I'm not sure about your state.

But in Virginia the landlord has a duty to protect your privacy and confidential information.

Subject to monetary fines if violated. Answer #2: >Is this standard?

No, as most people understand people like to keep his info private.

>am I being over-sensitive

No.

>or did he violate some kind of law by exposing SO much of my personal data?

No.  There is no law that would punish him for doing this.Answer #3: In the US probably not.


Title: I loaned my mom $2k and she refuses to pay me back.

Question:
About 2(?) years ago, my mom wanted to take a family trip to California to visit our family there. My brothers and I did not want to go, but she forced us to go with her and kept saying we were disobedient children for not wanting to go with.

She tried to use her credit card to pay, but as her credit score is poor, she could not go over a $500 limit. So, she proceeded to make me let her use my debit card to pay for the trip, saying she would pay me back at a later date.

After the trip, I kept pestering her to give me the money, but she kept refusing and saying that she would pay me back at a later date.

Over this summer, I am currently taking 3 summer classes, totaling up to an amount of around $6000. Problem is, I only have $5900 in my account.

I then asked her if I could have the money back as I needed it urgently to pay for my tuition, but she blew up at me and said I was ungrateful and disrespectful, and that I had no trust in her. Due to her reaction, I let it go.

Last week, she took another trip to Cali (alone this time as her mother was ill.) Because of this, I could not keep asking her for my money. She got back two nights ago, but still refuses to reimburse me.

My bill is due on the 9th, and I don’t know how I can convince her to give me my money back. My brother has access to her bank accounts (he is in charge of paying the bills) and he told me she has more than $2k in there. Would I be able to have him write a check for me or wire me the money somehow? Or is there something else I can do?

Answer:
 You can sue her for the money.

That won’t get it by the 9th.


Title: Contacting an unrelated child's therapist to advise the therapist.

Question: [deleted]

Answer: This is literally what CPS is there for. Contact them. This isn't something you can go all private detective / spy on and get justice done on your own.


Title: [Canada] My brother got into a fight with someone two years ago, the person then made a facebook status about it. The person was recently murdered, now police are requesting my brother to write a statement.

Question:
To start this off, the police around here were never friendly with my brother and he was frequently in trouble growing up. He's been arrested for selling drugs a few times and has spent a bit of time in jail for that. They definitely don't like him and have been known to go out of their way to harass him as often as they can. The fight itself was because my brothers girlfriend at the time cheated on him with this guy.

A month or two after getting in the fight, he moved a few provinces away and went to college, has since had a son, and got a good job. He hasn't been back since (around 2 years) and seems to be doing well for his family.

A few days ago he got a call from one of the drug enforcement officers in my area, saying they want him to write a statement. They were looking through the facebook profile of the guy who was murdered and found the post from two years ago. The person who murdered him was caught and arrested, admitted to it and all seemed to be over, but it seems really weird that want a statement about something from so long ago.

I was just wondering what kind of options he has - they can't force him to write anything or travel across a few provinces to do that, can they? They didn't say he was suspected of anything,  but it seems hard to believe. Writing a statement on a fight from two years ago on someone who was recently murdered definitely seems like they assume he had something to do with it. Any idea on what should be done?

Answer: He should consult with a defense attorney before submitting anything to the police.


Title: (Illinois) withholdings for "expensive drug test" legal ?

Question: I got a job through a temp agency which assured me the rate of pay is 9.00 an hour. After filling out paperwork and taking a saliva swab drug test I received my ticket to work and information about the job site, when to start, etc. The last thing the man said was don't freak out if there are deductions made for the expensive drug test and other things. I never signed anything about money being taken out of my check. I bought my own steel toe boots. Etc. He said if I was an out of state worker the deductions would be even more and not to "freak out" if I see deductions on my check. Does this sound right to anyone ? It's really fishy to me but I am desperate to work ..

Answer:
 It is [pretty fishy](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2424&ChapterID=68)

> Sec. 1. No employer shall require any employee or applicant for employment to pay the cost of a medical examination or the cost of furnishing any records of such examination required by the employer as a condition of employment.
(Source: Laws 1951, p. 1308.)

That said your best bet is to go along with it, then report it (with documentation) to the [labor department](https://www.illinois.gov/idol/pages/complaints.aspx) (They don't have a form for it, but just call or write). In theory you are protected from retaliation but it doesn't sound like you have regular hours, so it would be hard to prove. I'd wait until you weren't reliant on them.Answer #2: Swab test is the absolute cheapest test they can possibly perform. Something doesn't seem right with this.


Title: California employer asking for 8k bonus back

Question:
My girlfriend's employer, offered her a 4% raise and an $8000 dollar bonus (after postponing her annual review by 4 months, thus pushing her wage increase back) and is now asking for it back.

They are claiming that it is a mistake and that the abysmal pay increase is all that she is getting despite the good annual review. They said it is a policy change they made last year and only sales people and upper management are eligible for bonuses.

The check is due to be direct deposited into her account tomorrow, but they are asking her to write them a personal check when it clears.

I just read California Labor Code Section 221 which states:

"It shall be unlawful for any employer to collect or receive from an employee any part of wages theretofore paid by said employer to said employee."

Is this legal? Can they really take her bonus away after granting it to her?

They also promised her a raise last year and then sent a letter stating that they were involved in a labor lawsuit with the state of California and would not grant that particular raise (living cost increase for agriculture?) until the lawsuit was settled.

Answer:
 > Is this legal? Can they really take her bonus away after granting it to her?

From what you describe it appears they made a mistake. That means it isn't her bonus; she's not eligible for bonuses unless she is a salesperson or upper management (is she?)

If she is not eligible for a bonus, then it isn't her money. Clerical or computer errors do not relinquish an employer's claim to money that is rightfully theirs. She should give the employer's money back to them.


Title: Landlord's divorce and kicking our family out

Question: My wife and I are living in a rent home owned by a husband and wife. A few months back, the master bathroom floor under the toilet had rotted away, and the toilet had began to sink into the floor. We contacted the spouse and let her know. Time went by and she had not gotten anyone to come look at it. We contacted her again, and it was agreed that I could replace the underlying floor and the cost of the wood would be taken off of rent that month. She complied and took one hundred dollars off the rent to cover our supplies. It was verbally agreed upon that the tile would need replaced or added on to due to the damage the sinking toilet caused. The landlords have now gone through a divorce, and the husband now owns this house, and as of yesterday informed us that we have until the end of January to vacate, because he plans to live here. We dont feel we will be getting our deposit back, but we are unsure on if we need to get together all documentation between us and the spouse about the flooring repairs in order to cover us in case he tries to sue us over damages. How should we handle this situation? Will we be held liable for damages the wife knew about, yet neglected to tell the husband while divorcing? The floor under the toilet has been fixed by us, but the actual tile in and around the toilet still needs to be put in. The wife wanted us to put in the new flooring ourselves, but now that the divorce is final, are we under any obligation to finish the flooring that we won't get reimbursed for? Can the husband sue us for property damage the wife knew about and that she avoided helping us fix?

Answer:
 I would talk to a local tenant's rights group on this one. If both of them are owners and you contacted one owner, save all documentation of those communications, as that satisfies your duty to them.

If the divorce is not yet final, you may be able to negotiate an exit as part of the divorce, and get paid something to leave early with the house as-is.Answer #2: Their divorce does not affect your legal relationship with them. If you have a lease, it's still valid. Any agreement that was made about the floor is still valid and enforceable.

Note that there are some locations with laws that allow a landlord to cancel the lease with a certain amount of notice if they want to move in personally.Answer #3: Is January when your lease was going to end anyway or is he forcing you out early?


Title: Ex-Roommate suing me for extortion. Need Legal Advice.

Question:
Hello,

So before I start the legality part, I would like to inform you of how this situation came to be. We live in Florida. He has been my roommate since September of 2014 and I recently found out that he has been attempting to have sex with my girlfriend (also my roommate, lives in the same room with me). I went up to him and told him he is kicked out and to never return. I did this because I have the legal authority to do so. We have been subletting him and his name is not on the lease (I was unaware until recently that our contract states we are not allowed to sublet) so he stated if we kick him out, he will go to the office to inform them of the sublet and get us all kicked out. I called his bluff and told him we all have a place to go besides him.

He then started to threaten me, getting in my face and trying to fight me in my own house, and then threatened to have his family members to come and hurt us (Me, my girlfriend, my family members, and our cat) and that we should watch our backs because we are going to "get what is coming for us". I got it all on video, and since he started to threaten our security I said he is getting out as soon as possible and if he doesn't I will call his job (Security at the Hard Rock Casino) and tell them about how he smokes and drinks on the job and his plan to rob the casino (I have already reported him to them).

He is now saying that I have committed extortion by forcing him to move and that he is taking me to court. I said that is fine, and I will happily testify in court with my video evidence and written statements (He texted to me that we do not have to pay him anything).

I just want to ask, what are my chances of losing this civil suit? Is there a possibility of a counter suit? I plan to issue a restraining order and move into another apartment because my girlfriend is VERY scared that is he is going to hurt us.

Thank you for taking the Time to read this. I tried avoiding a wall of text the best I could.

Answer:
 > I did this because I have the legal authority to do so, we have been subletting him and his name is not on the lease

You didn't have legal authority to do that. Answer #2: >  I did this because I have the legal authority to do so.

No, you didn't.  He was a tenant the moment you started subletting to him.  Without a lease, he's considered "month to month".  You need to serve him written notice and then give him 15 days to go.  If he still doesn't go, you need to proceed to an eviction.

> I just want to ask, what are my chances of losing this civil suit?

If the suit is for an illegal eviction, he stands a good chance of winning.


Title: What does the law say about de factor marriage in NY?

Question:
EDIT: Thanks to everyone pointing out my "de factor" typo. I can't seem to update the title, so the typo remains for now.

I moved in with my girlfriend 6 months ago. We had been together for 2.5 years before that. I am an Australian citizen, she is a US citizen. We live in Brooklyn, NY. We are both on the lease for our current apartment. We both have full time jobs in NYC.

Am I in a "domestic partnership" or de facto marriage with her? Will I be soon if we cross some threshold of time spend together?

I want to understand what the legal implications may be if we break up in, say, a year or 5 years from now without ever getting married. Will that be the same as if we had never moved in together, or will there be other rights that she has to my assets because of our relationship status in the eyes of the law that I may not know about.

FOLLOW UP: I did a little more research about the common law rules in NY and some resources[1] claim that the relationships can't be common law marriage without an official ceremony "if it was created in New York." Our relationship started in California. Does this affect the status of our relationship? Would a California court possibly see us as in a common law marriage?

[1] http://www.nydivorceonline.com/nypages/Alimony/commonlawmarriage.asp
Topic:
Other Civil Matters

Answer:
 The phrase you're probably looking for is "common law marriage" and NY does not recognize them.  There is no way to become a part of a recognized marriage or domestic partnership in NY without voluntarily doing so and registering it with the state as either a marriage or domestic partnership.

If you break up, neither of you has any rights to the assets of the other unless you have some other formal arrangement saying otherwise (owning shared property, contracts, etc).


Title: [Maryland] Speeding ticket during medical situation

Question:
I was given a citation for TA - 21-806(b), Exceeding max posted speed on a bridge, elevated structure. I was recorded as going 64 in a 45 mph zone by an unmarked car who followed me over the bridge. $80 and 1 point.

I was driving home from karate (my dojang is a couple of miles from my house). I felt fine when I left but started getting lightheaded and shaky on a bridge that I cross to get home. I stayed in the right lane and kept pace with the car in front of me. I honestly don't know how fast I was going. I was just focused on getting off the bridge safely; there was no place to pull off.

I was pulled over by the officer behind me as I was getting off the bridge. I tried to explain the situation to him, but I don't think he understood that I was feeling sick and wasn't just flaky. Also, I don't think I did a great job of explaining myself. I was a little dehydrated and my blood sugar was low, though I haven't had this problem driving home after karate before. He was, however, perfectly nice.

I feel that I have some extenuating circumstances with this ticket, and I don't know how I could have done better, given the situation. Should I request a waiver hearing or request a trial?

Answer:
 That's going to go over like a lead balloon.    You were increasing risk, not decreasing it, by choosing to drive faster, reducing your reaction time, increasing the amount of kinetic energy, and closing distance with other vehicles, all the while because your ability to operate the car was diminished.

"Defense of necessity" is for when you're trying to decrease a serious risk of injury or death, like when you've got a passenger bleeding or giving birth.      Getting off the bridge in 90 seconds instead of 85 seconds was not going to make the difference in your medical outcome.

For $80 and one point, I'd just pay the fine.    I wouldn't go anywhere near a jury trial with those facts (if they're even available for such a violation).


Title: Signed Job offer, gave two weeks, new company wants to rescind their offer - Do I have a case?

Question:
Hey guys.

Last Monday I signed a job offer for a new company and that same day gave my two weeks at the current company I am working at. That Friday I got a call saying one of the Executives did a blind reference at a company I worked at years ago and after speaking to the person didn't feel like he was 100% on me (The feedback was a mix of good and bad) and wanted to rescind my offer.

I was stunned at this as I already gave my two weeks at my current job.

Was just wondering if I had any play here for lost compensation. If it makes a difference I live in California and live/work in San Francisco.

Thanks in advance.

Answer:
 With a highly favorable set of facts in which you have no blame and the company that offered and retracted a job acted in bad faith somehow, then there's a thing called "reliance damages".  You relied to your detriment on a reasonable promise that was intended to be relied upon by the offeror.

If your current employer will let you retract your resignation, then you have no damages at all.  If they won't, your damages would be some measure of lost wages for a couple weeks to a couple months depending on the local job market and how quickly one may reasonably expect to find a new job.

Not saying you're not squeaky clean, but from what you described, the offeror did not act in bad faith.  Lots of job offers are made contingent upon a reference check.  They didn't like yours, so they retracted the offer.

I'm not a lawyer, and that's just a *general* treatment of the subject.  If you do suffer lost wages, consider talking to an employment or contracts lawyer in the SF area.Answer #2: I would ask for a meeting with this person.  Plain and simple.  It would give you a chance to discuss your better qualities *and* your faults, as well as how you use your faults to the employers advantage.Answer #3: Well, you can't possibly have a case *yet*, because you haven't lost any wages.

If you do start losing wages, you may have a case. This varies an incredible amount depending on jurisdiction, so nobody but a local lawyer is going to be able to tell you for sure.


Title: My divorce was finalized one month ago and I was ordered to pay alimony from my salary of $51k. Now my income is going up.

Question:
My divorce was finalized a month ago today.  We were married for ten years and at the time of our divorce I was making $51k per year.  I was ordered to pay alimony as my wife never worked during our marriage, and it was calculated with me making $51k.

The CEO of the company I work for passed away a few days ago.  I learned yesterday that he arranged for me to take over his position.  I will be making a salary of $190k and he has left me about $500k in stocks.  Most of that is in the company I am working for, but about 1/5 of it is in another company this man owned.

A few years ago I got my wife's brother a job at the company.  He told her the news and now she is contacting me saying she wants more money in alimony.  She is asking for 4x as much and half of my investment shares that I was left. She says if I don't agree she'll take me back to court and she believes she will probably get at least that much, if not more.

I did make an appointment with my divorce attorneyfor next Monday but I am really itching for any advice you guys might have, until then.

How bad is this?  No big deal, probably not gonna happen, or something I need to be seriously concerned about?

Thank you for your time.

Edit:  I am in Nevada

Answer:
 As long as none of this was in the works and purposely hidden during the divorce, you should be fine. Alimony isn't really like child support. It doesn't generally go up when the paying party makes more money. Answer #2: Oh yeah, and fire the ex brother in law. Answer #3: Don't know NV law. Don't know much about alimony. I do know that alimony is calculated based on several factors.  Your circumstances seem like it would trigger the court to reevaluate how much your ex-wife will get. Your best argument is going to be that she didn't enjoy a $190k standard of living during your marriage. Her best argument is going to be your ability to pay.

As far as the $500k in stocks - if you inherited after the divorce, I'd imagine she's S-O-L.

Good luck.

Answer #4: First of all, congratulations.

The court may adjust the alimony upward.  If your income changes by 20% or more, Nevada law says the court [can revisit the alimony](http://www.leg.state.nv.us/nrs/NRS-125.html#NRS125Sec150) (see item 11).

Go talk to your divorce lawyer.  They know the local court & its approach.  But odds are that some of that windfall does belong to her, since it was "earned" during the marriage.


Title: Can my employer use vacation leave in lieu of unemployment? [MD]

Question:
Every year my workplace shuts down for one week, all employees are laid off and told to take unemployment insurance if needed.

Today we were told during a company meeting that any individual with a week's worth of vacation leave will have to use said leave for this weeklong shutdown in lieu of any unemployment benefits.

I know the US doesn't have much in the way of law regarding workplace leave, but is this illegal or just simply shitty?

Also, some employees were asked to work overtime on a holiday but only got straight pay; no holiday or overtime pay. Same question as above.

Thanks.

Answer:
 That's not what unemployment was meant for, but since the employee would be the one filing the unemployment claim (not the employer) there's nothing wrong with this.

Additionally, if you want to get paid during the shutdown week, your employer can require you to use your accrued PTO. If your fine with not being paid, your employer shouldn't be forcing you to use your PTO.

Hourly employees who exceed 40 hours in a week should be getting overtime for every hour they work over 40.


Title: Speeding ticket with multiple careless errors

Question:
I am a sixteen-year-old male who lives in northeastern Ohio. I recently got a speeding ticket in which I have found incorrect information. I know that a clerical error can be corrected, but at least five parts of the ticket are technically incorrect which may or may not be consequential.

Tuesday morning I was driving my 2003 Toyota Camry west on 224 towards Canton Road. As I was slowing down before my single lane becomes two lanes before the intersection, I looked slightly to my left to see the front end of a newer black Dodge Charger about to turn left, when I realized it was a police car. I had already slowed down to below the speed limit, but I knew I was screwed. It was a Springfield police officer. When he turned his lights on, I turned right on a road shortly ahead and pulled over. I was still in my morning fog because I had only gotten two hours of sleep the night before; the cop kind of caught me stupid, so to speak.

Like an idiot I admitted that I knew how fast I was going and what the limit is... 75 MPH in a 55 MPH zone. I know, it sounds bad, but 224 is a rural highway with good visibility and light traffic. It was kind of cloudy but broad daylight; the sun wasn't shining but the weather was clear.. no rain, no snow, no ice, no obstructions. In fact, there was not a single car in sight from shortly after the point where I got on the road to the point where I saw the officer's Charger. The distance in which I was speeding is surrounded by solid woods except for one clear intersection. My actions did not pose danger to any human besides myself, unless somebody was at said intersection, which was not the case.

The ticket I received conflicts with three facts that I just mentioned and has false identification information:

1.)  The officer checked 'light traffic' as opposed to 'no traffic'. Even if there was another car on the road for the distance I was speeding, I would still consider it no traffic. Despite that, if there was indeed another car, I wouldn't argue against 'light traffic'. The only possibility of not considering there to be no traffic would be to consider my single car 'traffic'. If that is indeed the case, I don't see why there is an option under 'traffic' called 'none'.

2.) I was cited for two offenses: 'over limits', and 'unsafe for conditions'. Obviously there is no contest for 'over limits', but I don't understand the grounds in which the officer determined my offense to be 'unsafe for conditions', as opposed to being 'safe for conditions'. Yes, I was going pretty fast, but I was otherwise driving very sensibly and the conditions were hardly shy of perfect. The officer clearly knew that the conditions were inherently mild, so my only conclusion is that he thought I was going faster than too fast, which seems to me like being tried twice for the same offense.

3.) I know this one is silly, but technically it is inaccurate. For the model of my car, the officer wrote '4dr' instead of 'Camry'. While the Toyota Camry indeed has four doors, there is no reason to write anything other than 'Camry' considering all of my decals are visible and correct. There are many Toyota cars and SUVs that have four doors, and I'm pretty sure that they also make quad cab pickups. Yeah it's insignificant, but it just seems sloppy to me. Is it too much effort to look at the back of my car and write two more letters?

4.) I'm sure this is completely insignificant, but it appears that the officer attempted to write a court date, yet it is not legible at all. My depiction is “JUV 014ERT” but it is really indistinguishable after “JUV”. The officer told me that he doesn't know if I will have to go to court or not but he did not check 'PERSONAL APPEARANCE REQUIRED' on the ticket.

5.) This is probably the only error that could potentially save me. The officer wrote an incorrect driver's license number. My license number is XXXXX420 but he didn't write the '2' so it reads 'XXXXX40'. There is nothing sketchy with this; it's clear as day. The license number written is not only incorrect, but it is not even in valid format. I'm sure it doesn't count legally, but I would consider that to be missing identification information because technically, he did not write an actual driver's license number.

While those are all fairly minor discrepancies, I'm kind of banking on the fact that this ticket is overall pretty sloppy and the officer thought I wouldn't notice because I'm just a careless teenager. I'm actually a very particular person and I believe that everything in regard to the law should have to be 100% accurate because integrity is essential for an effective legal system. If the cop can't tell me what car I was driving, how can I be sure that he even knows what car he was driving? There's no excuse for someone in a position of authority to make that many elementary errors on just one short legal document. Do I have any leverage or am I screwed? I'm willing to try almost anything because I cannot afford two offenses before I even hit seventeen.

edit

Sorry I haven't responded for so long; I was on vacation and didn't have internet.

I received my court date in the mail and it included a document that states if I participate in this teen safe driving thingamafucker, they will dismiss my citation. I plan on taking it up, but my citation was for two individual offenses and I'm not sure if it would cover both offenses. My ideals lead me to believe that it would, seeing as how it was a single citation, and in reality, I only broke one law so I'm not sure about the officer's grounds in selecting 'unsafe for conditions', at least in the sense that speeding is technically never safe for any conditions.

Anyway, I appreciate all the advice and every smartass comment seriously made me laugh because I know I'm a dumbass but I just don't understand why a legal document would contain that many details if they don't even need to be accurate. I think it's kind of sad that the legal system is so lax about such an easy task.. why can't they just do it right?

And finally, yes I am trying to weasel my way out of it not because I don't think I was right to speed but because my insurance is already unbelievable and I don't want it to go up. I think many of you would feel the same way if you were in my position. Oh and don't say it couldn't happen to you unless you never break the limit at all because my buddy got nailed in Cuyahoga Falls for going 37 in a 35 zone.

Topic:
Traffic and Parking

Answer: OP will make a great terrible defense attorney some day.


Title: [CA] My employer wants me to use my Paid Time Off due to California fires.

Question:
Hi all.  The business I work for has been closed for the past few days due to the massive fires that are taking place in Northern California.  While the business is still in tact, it has been closed due to fires being all around it.  Many of the roads I would normally take to get to work have also been closed.

I am a salaried employee and my supervisor called to tell me that I would need to use my Paid Time Off while not being at work.  I don't earn very much PTO as it is and don't feel like it's fair that I have to use my earned time due to something that's out of my control.  I would gladly show up to work if it was open.  Is this legal?

Answer:
 May not be fair, but looks to be legal, as long as the employer is enforcing that policy consistently and without discrimination.Answer #2: As always IANAL. But my very basic understanding is, yes and no.

Are you salaried exempt, or salaried non-exempt?
If you can earn overtime, your employer does not have to pay you for the time you are not working. If you want to get paid you need to use PTO or take it as unpaid leave.

If you are exempt, then your employer should pay you regardless of if you're at work or not without you needing to use your PTO.Answer #3: From the FAQ at https://www.dir.ca.gov/dlse/faq_vacation.htm

> Q. Can my employer tell me when to take my vacation?
> A. Yes, your employer has the right to manage its vacation pay responsibilities, and one of the ways it can do this is by controlling when vacation can be taken and the amount of vacation that may be taken at any particular time.

This seems to be more related to when your employer can tell you not to take vacation, but it probably goes both ways (they can tell you when you must take vacation).


Title: Moving into a new apartment on September 1st. Tenant who is in the room I am set to move into is likely getting evicted. How can I best prepare for this?

Question: [deleted]

Answer:
 If the person has been evicted and does not move, the sheriff will come to remove the person.  Without knowing how far along the eviction process is I cannot give you an accurate answer on when the old tenant will be removed.

Do you have a lease with the 1SEP16 move in date?  If so and the old tenant is not out, you may have a right to break the lease or ask the landlord for compensation for not moving in.


Title: Police entering unlocked door?

Question: Ok here's the story. I live in NY with my siblings, mother, and uncle. My mother was at work and everyone else was asleep save for my 20 year old sister and my 7 year old sister, the latter of which was getting ready for school. My older sister, ill call her Beth, was taking my younger sister Tina to school. Now, her school is 3 blocks away, and Beth doesn't have a key to the house as she was just staying for the summer before she went across the state back to her dorm. So, she didn't lock the door because she would have been gone for just maybe 8 minutes. At this time, the police rang the doorbell, and it woke me up, so when I went to check who was at the door, they were just standing in my living room. At the time I was just terrified that there were strangers in my house, so I went to get my uncle, but now that I think about it, was that even legal? Yeah the door was unlocked, but why did they even turn it to come inside? And it wasn't even anything serious, they were just asking if we knew where someone was, which we didn't. I highly doubt that was legal.

Answer:
 >they were just asking if we knew where someone was

Is "someone" a resident of this household who is on probation ?

Did the police mention an arrest warrant ?

Those are the two most common reasons for police to enter a residence without consent.   There are limits and details involved, of course.Answer #2: Was it closed all the way and unlocked, or was it ajar or also wide open in a way that was suspicious?


Title: Walking on my girlfriend and another guy

Question:
The other guy was a person I know but not friends with and he told me not to tell her ex but I told her plus my friends and the guy just rang me (somehow got my phone number) and said I didn’t fix it and say I lied he would pretty much put me in hospital. This guy has a big reputation of putting people in hospital and I’m so scared because I know one punch can kill and I don’t want to go out like that. I live in Queensland, Australia if anyone can help. Please I really need advice. It’s 10:30pm and he said he calls his ex by 12 and she doesn’t believe him then he’s coming to my house (knows it because of mutual friends) and kicking my head in. It’s my parents place and I don’t want them in this. NEED ADVICE PLEASE.
Topic:
Criminal Law

Answer: I don't know the law in Australia, but given the urgency of your situation, and how scared you sound, I think a call to the police might help you evaluate your options.Answer #2: Call the police and report a credible threat if he says hes going to come over. Tell them you fear for your safety and they will give you a list of actions you can take against him. Answer #3: call the police.Answer #4: IANAL but call the police??


Title: (California) Grandpa kicking me and my mom out

Question:
So after living rent free with my grandpa for almost a year after my dad died he is now kicking me and my mom out from his house and my aunt who is also living there keeps threatening saying "you'll be out in a day". But I do not have a place to stay and have only recently gotten a job. I do not think I have enough saved for housing in our current location since it's expensive and we moved a lot of stuff in from our old house. My mom and my sister got into a fight and now my grandpa is siding with my aunt so they are trying to make us leave is the gist of it.

My questions are the following;

1. Even if we did not pay rent do we count as tenants and therefor get 30 days to vacate the premises?

2. At what point in the eviction process does it count against me permanently. E.g. someone giving us 30 days notice? --btw does 30 days notice have to be on paper or just orally spoken?

Lastly, I'm just looking for general advice with the whole situation it's kind of a lot for me to handle.

Edit: Thanks a lot for the helpful information everyone, this an subreddit is extremely useful tool.

Answer:
 >So after living rent free with my grandpa for almost a year after my dad died he is now kicking me and my mom and my aunt who is also living there is saying we'll be out in a day.

That is wishfull thinking but it will get him in trouble if he attempts to get you out that quick.

>Even if we did not pay rent do we count as tenants and therefor get 30 days to vacate the premises?

Correct you guys are tenants (month to month) and should get the mandatory minimum notice (I don't know of the top of my head if that is 30 days or something else).

>At what point in the eviction process does it count against me permanently. E.g. someone giving us 30 days notice? --btw does 30 days notice have to be on paper or just orally spoken?

There needs to be proof so it should be on paper.

>Lastly, I'm just looking for general advice with the whole situation it's kind of a lot for me to handle.

Start looking for a new place you might not be out within a day (if he changes the locks, throws out your stuff etc. etc. then call the cops that would be illigal as fuck) but you will be out in the end, you area might be expensive so you might check for cheaper rent area's and maybe even roommate situations.


Title: Can I take FMLA a few weeks after my child is born?

Question:
I am to receive zero paid or unpaid childcare leave from my employer. But I do have to get FMLA.

Would it be possible to work right after my child is born and take FMLA a few months later?

I cannot be out of work for a few months because my husband cannot support us alone. However, I can take the summer months off as I will have an off books position where I can earn money while not working.

Loc: New York

Answer:
 Paging /u/swalsh411

My understanding is that op could move the FMLA leave it they wanted to. My husband was able to. Or take it in chunks (two weeks after the birth, the other ten later). Can you confirm


Title: Got my security deposit back, and have now received a bill 1 month later for damages? [Switzerland]

Question:
I moved out of my old apartment at the end of October. When the landlady came to pick up the keys and check the apartment, we walked around it together, checking everything was clean and in working order, and she said everything was fine and that I would get my security deposit back in full, which I did. I even signed a form saying that everything was OK and that I'd get my security deposit back in full. (If it makes a difference, she wasn't very scrupulous when checking the apartment--didn't check the lights or radiators or the shower, which were all things I had problems with when I moved in... literally nothing worked when I moved in, it was awful, but that's a whole other post.) Now 1 month later, I've got a 120 franc bill for repairs ("unblocking the ventilation"--I didn't even know that apartment had ventilation! I never saw where it was or used it! I was only there for 6 months so...)

This seems really unfair. I am still job hunting in my new city and I cannot afford to pay a 120 franc bill. Are they allowed to do this? Has this happened to anyone? Am I allowed to complain about this?

Answer:
 The system in Switzerland is called Betreibung/Poursuites and is quite different from the systems used pretty much anywhere else. If you don't pay the bill, your landlady can file a complaint with the Pursuits Office, which can be Cantonal or Municipal depending on where you live. They (and not she) will then send you a bill ("Zahlungsbefehl") for the amount she claims you owe her, payable to the office (and not to her) within 20 days. This happens automatically and independently of whether or not her claim is justified, so there is no need to panic if you get this letter.

At this point, you have to write back to the office within 10 days stating that you dispute her claim ("Rechtsvorschlag"). You do not need to include any evidence, just stating that you dispute the claim is enough to stop the process. Beware: if you do not do this, the Office will assume that her claim is justified and start the proceedings to get the money from you, e.g. by garnishing your wages or seizing and selling something you own.

Your dispute in turn will trigger the office to ask her for evidence of the debt to be submitted to them, i.e. she will have to prove you owe her money and not vice versa. If she does this, you will receive a summons for a small claims court date, during which both of you will make your cases. I would think it's unlikely to come to that over 120 CHF though.Answer #2: Anybody can send a bill to anybody for anything. I presume you have some type of small claims court. That would be her recourse. You would want to show up to defend yourself.


Title: Gambled on credit cards using a VPN to hide my location, lost a LOT, do I have any legal recourse?

Question: I'm in New York City. Gambled on Bovada. Lost about $45,000 almost entirely on credit cards. Now it's legal in NY to gamble on Bovada but it wasn't when I did it. I used a VPN to put me elsewhere and used a fake name and address. I had/have a helluva drinking/cocaine problem and this is about it for me. I just really don't know what to do. I make 150k but this is just so much f'in debt. Is there any point in hiring a lawyer? Please don't shit on me, I'm working on my issues, very difficult. I'm not great at dealing with life.

Answer: Engaging in criminal activity does not absolve you of your debts.Answer #2: Unfortunately it doesn't matter that you used VPN to do it. You are still responsible for your debt.Answer #3: They aren't responsible for you breaking the law.


Title: Ex-boyfriend stole my dog and now I can't find him

Question:
(California) I broke up with my ex and he stole my puppy and now won't give it back.

He has a criminal record of domestic violence against me, is under psychiatric care, and is noticeably manic.

I'm currently suing him to get the puppy back, but he has no job, no apartment, no car, nothing.  I was his connection to everything and now he has nothing so he's punishing me by stealing my puppy.

My question is: how can I try to locate him in order to serve him the papers?  He's staying at friend's couches but I can't find the address to save my life.  A private detective offered to locate him by cell phone service but he quoted me at $500.  Any more ideas?

Answer: If he stole it you should call the police and make a report.