Title: Mom has taken in little sister's friend

Question: My mom, bless her heart, has taken in my sister's 16-year-old friend after she was kicked out of her home. This friend comes from a very traditional, religious household and was kicked out by her parents about three days ago for being "disrespectful." I don't know all the details about how it actually went down, but her mom has been texting her since saying such horrid stuff as "I hope you get raped and killed," so I'm happy she's out of that situation. Now where I need advice. What does my mom need to do in order to ensure the safety of this child? Who does she need to alert to make it known that the friend is temporarily living there? This is going down in NY.

Answer: CPS. Have the girl take screenshots of the messages and save them somewhere to show them to CPS.


Title: Chemical burns from product caused disfiguration

Question: I recently started a job with a LawnCare company and I've contracted severe contact dermatitis on my hands face and feet. I was never trained correctly or made to sign any safety forms. They didn't provide safety goggles, a dust mask or any of the protection the MSDS (material safety data sheet) entails. The fertilizer caused severe discolouration on my feet. I asked for plastic gloves and was pressured not to not use them because it was taking too long (constantly had to change soggy gloves that stung). It was only until I noticed heavy breathing (beyond normal) did I check to see MSDS. The product if inhaled causes respiratory problems.  My hands and feet flare up and swell whenever I take hot showers (dishpan hands). I've lost a significant amount of feeling in my hands and feet. I can't take hot showers anymore for fear of a painful flare up. What should I do? [Canada]

Answer:
 Your state or province should have a worker's compensation organization you can contact.

Also, I would like to think this is common sense but just in case, go see a doctor. Get the problem treated and start insisting on proper PPE.Answer #2: See a doctor. File a workers compensation claim.


Title: Zip line waiver

Question:
A local zip line company wants my daughter’s Girl Scout troop to zip line. Here’s the waiver:
“I hereby voluntarily release and forever discharge (Company Name) from any and all liability, claims, demands, actions, or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including specifically, but not limited to the negligent acts or omissions of (Company Name), for any and all injury, death, illness or disease and damage to my person and property. I further agree, promise and covenant to hold harmless and indemnify (Company Name) for any injury, death, illness, disease or damage”

Should I agree to this? It seems ludicrous to me that they could even request such an agreement. This seems to me to be signing away any recourse of any injury, death that may occur from the company not doing their due diligence to insure the cables and other equipment they use are safe.  Help!
Topic:
Personal Injury

Answer:
 Waivers like that are very ordinary when participating in high-risk sports such as ziplining. They're effective in as much as they can be used to avoid a suit over the ordinary and foreseeable risks of the activity, and they can be effective against _ordinary_ negligence as well, but cannot excuse the company from liability related to intentional acts or gross negligence on the company's side (even if they're worded to do that).

Your troop could have the waiver looked over by an attorney for a more detailed response, but the bottom line here is no waiver, no ziplining. If you're unhappy with it, they're not likely to negotiate; you'll have to find another zipline place.Answer #2: I got out the crumpled paper from my suitcase and that's word-for-word identical to the waiver I signed two weeks ago at a zipline tour.

As noted, these are very common for activities with inherent risk, and they don't cover gross negligence or intentional acts.

Non-legal advice:  Ziplining is generally very safe and very fun.


Title: Is it legal to open a sex doll brothel in the usa?

Question: Specifically in Beverly hills? I know prostitution is legal but what about something like this? [https://www.rt.com/news/432320-sex-doll-brothel-europe/](https://www.rt.com/news/432320-sex-doll-brothel-europe/)

Answer: May not strictly be illegal - but good luck getting zoning and city permitting for that businessAnswer #2: As long you keep the underage runaway Russian ones from being exploited. And keep the junkies away.   Id like to just see someone announce it to see what happens. Answer #3: Well, I think you'd have a significant challenge in keeping everything sanitary, but since there's no prostitutes, there's no prostitution, right?


Title: Fired for not wearing a mask because of medical reasons listed Below.

Question:
Hi,

Before you all crush me with your insults, please listen/read first.

First, let's clear the misunderstanding. I am not fired yet from my job but I am afraid that I will once I do stop wearing a mask even if I have a good reason.

My situation: I am a student in college and I am trying to pay my bills like anyone else but my job requires me to run in every part of the store to either help someone or replace products. And I seriously mean run/jog. And because of the mask, I would get extremely dizzy. Other side effect that the mask has brought is an increase in acne/pimples, fatigue and even depression.

I have talked with my cousin, who is a doctor, and he said that I could have a doctor's note that states that I do not have to wear a mask because it brings those conditions. I can only wear a mask if the distance regulation is not respected.

I am in my first month in this work and there is a "law" that your employer can fire you anytime during the first 3 months without any warnings if you do not do a proper job. I live in Canada, so I don't know if it is different in any other country.

So I need your help with this: Will I get fired if I stop wearing a mask even if my doctor say I don't have to wear one and if I do get fired, can I contact a "worker's right" firm about this and get back my job?

Thank you for your time, stay safe.

Answer:
 A doctor is not going to tell you not to wear a mask because of acne, fatigue, depression or dizziness.

Not wearing a mask during a pandemic, putting coworkers and customers at risk is not a reasonable accommodation


Title: Is it legal for the seller's agent to disclose previous home offers to the seller's detriment?

Question:
I made a post recently about the same property, but regarding a different matter, now I'm curious. It's on my mind because it is the reason why I'd rather keep a valuable item I found on the property than turn it over to the family.

The realtor working for the people I purchased a house from told me that the owners had accepted offers of substantially less money from other perspective buyers. At this point I was offering more than asking price for the property, and this was the highest offer they had gotten. This caused me to withdraw my offer, and when the other offers didn't work out, the sellers crawled back to me and ended up taking less than what I initially offered (though still more than what they accepted from the other potential buyers). Was that illegal or just (hilariously) shitty?

Answer: I wasn't illegal, but could well have been unethical. The seller's agent is supposed to act in their best interest.


Title: Brother in law opened mail addressed to my sister, forged her signature, and cashed a birthday check made out to her all without mentioning it.

Question: (Virginia) the title basically sums up the situation. Both my parents sent checks to my sister for her birthday, $100 and $200. My brother in law signed her name on the back and cashed both into his account. Curious just how many laws he broke. Since they are married, is he allowed to open her mail? Can he cash checks made out to her into his account to "pay off bills"? Thanks in advance!

Answer:
 Forging her signature is a crime. She can, if she wishes, go to the bank and ask for copies of the cheques. She can show the signature is not hers. Then your brother-in-law may be on the hook for fraudulently cashing a cheque. She can make a point of complaining about this, but expect it'll be choppy relationship waters ahead. Answer #2: This throw up all sorts of warning flags.  She should pull her credit report from the three credit bureaus at www.annualcreditreport.com .    She should try to be the one to open bills, or she can call the 800 number on the back of whatever credit cards she knows about to see what the current balances are.

Does he have any expensive hobbies, like gambling or opiates?Answer #3: If he has her permission, he can do whatever he wants.

If he doesn't have her permission, then it's between them.Answer #4: How does your sister feel about this? Is it a joint account? Forgery is a crime and check fraud is also a very bad crime as well. Unless she presses charges, which is unlikely, there will be no punishment.


Title: I started a club in my (Florida) public school in preparation for the 2016 election. I'm not sure if our main function is legal. Help?

Question:
Basically, our main activity will be helping seniors register to vote (and/or for parties). One of my teachers told me that US Government teachers used to distribute voting registration forms but that is now prohibited under Florida law (since teachers may "influence" votes). Could someone provide me more information on this law or explain the legality of my club?

---

EDIT: Did some more research and found that the law my teacher referenced is that registration forms must be turned in within 48 hours according to a new Florida law. I did some further reading and found this:

 http://brennan.3cdn.net/27b7dc85758f8a5fdd_a1m6b5aiy.pdf

I was reading the result of a proceeding for a preliminary injunction and it appears that it was granted and that the Florida Attorneys office nor its "agents" can enforce the statute. This means that voter registration forms must be turned in within the period of 48 hours to 10 days (what the law originally was)

Answer:
 Here is an updated version of FL election registration drive for third party groups. This includes the updated info after some parts of the statute were struck.

http://election.dos.state.fl.us/pdf/DE-Guide-0012_Third-Party-Voter-Registration-Organizations.pdf

The guide is pretty clear-cut to me. However, it looks like you can be exempt from the registration requirements (which would possibly have issues with a school club) if you distribute the forms, (possibly) help them fill them out, and then they submit the forms via mail themselves. Once you collect the forms you are bound by the info in that doc.


Title: What is a pretrial conference?

Question:
California

A family member got charged with a DUI and the court website has a "case event schedule" which lists a date, time, and location for the pretrial conference. As the defendant, will they attend that, or would their lawyer go without them? We live several hours away from the courthouse in a different county (but within the same state).

My family member is trying to hide this DUI from the rest of the family so I can't ask them or their lawyer directly about this process, but I'd like to know what to expect.

Answer:
 In the US, pre trial conferences are conferences that the judge calls in order to set a discovery schedule (schedule in which relevant documents and evidence, interrogatories [constitutionally mandated questions to seek information about the plaintiff/defendant] and trial milestones should be hit) and other times for the judge to check in on both parties and figure out if the case is progressing in time for trial. The lawyers usually go alone because they are handling the administrative side of the case. I’ve never had a client at any of my offices attend one.Answer #2: I am a California criminal defense attorney. Probably not in your county.

Pretrials are mandatory court dates for criminal defendants. Sometimes misdemeanor defendants do not need to attend, but your family member would need to be in touch with their attorney about whether their attendance is required or not. At pretrial, this is usually when negotiations begin between the prosecution and the defense. If there is discovery that is not turned over, that would be turned over.

It is not an administrative thing as suggested below. Many counties call any court date prior to trial, a pretrial conference or just a pretrial or a pretrial hearing.Answer #3: Pre-trial conferences are generally just to set dates for things like trial and discovery between the two lawyers. Your lawyer may ask if you want to attend but generally no, you need not be there.


Title: Rental house was not move in ready

Question:
Hey everyone, so I just started renting from a rental company: my move in date was 7/19. I wasn’t able to view the property until 7/12, I also had to put down a $500 holding fee to secure it before I even viewed it.

When my boyfriend and I looked at it, it was cute! It needed paint because whoever painted it, did a bad job/used two different colors in all bedrooms except for one. The fridge was FULL of mold (didn’t feel cold when i opened it) and a few live roaches, it smelled so bad it made our leasing agent gag. The outside basement door was not secure, and there were dead roaches on the floor.

I was told by the leasing agent that this would all be taken care of before our move in. 7/15 I had issues getting our water turned on, not on my part but on the rental company’s part. They said it’d be fixed. Come move in (7/19), I stop by the water department to transfer things over into my name and it is still not fixed.

On the drive over to the house I get a welcome email from our property manager and a phone call. I tell her about the water situation and this is her first time hearing about it and she says she’ll get it fixed ASAP. We finally get to our new house and absolutely nothing is fixed. I discover that there are tons of roaches and I almost accidentally touched a live wire that was uncovered.

I called the emergency maintenance and they brought a mini fridge for us to use and the maintenance man covered the live wire with some kind of tape.

I really really don’t want to move, I’ve finally found a place after like 3 months of searching but I want to know what can i do? I’ve paid prorated rent and I’ve cleaned so much!

I’ve looked in my lease and there’s nothing about roaches or cleaning. Would I be able to ask for an exterminator? I can’t move anything in with all the roaches, I’ve gotten some bug spray but those bastards are resilient. Could I asked to be reimbursed for the bug spray and to get some of my prorated rent back since I haven’t been able to live in the house?

I live in Georgia.

TLDR: my rental house was not move in ready, what can I do?

Answer: NAL;  I have had slumlords before, so I'll give you the safest route I can think of: I'd talk to the management of the property in writing (email, text, carrier pigeon) and get them to fix the problem immediately or give you back all of your fees and deposits. The property is uninhabitable. The health department will condemn buildings with an infestation, especially if they also don't have necessary facilities available like water. It's a useless property you shouldn't have to pay for.


Title: May have eaten bug-infested ramen, and gf almost ate another. Can I sue?

Question:
My girlfriend and I got a pack of Maruchan ramen the other day. Earlier I ate a couple of them without really looking at them as my stove's light wasn't on and the room was a bit dark. After I finished, my gf was preparing to eat one but soon stopped and called me over. Inside the ramen bag looked to be weird insect-looking eggs and a couple worms roaming through the stale noodles. There was also some strange looking webbing around one of the corners. I wasn't able to check if I had the same thing in mine as I already ate them and cleaned the pot. I quickly took photos and videos of the display, and then re-wrapped it and placed it into a container.

Would I be able to sue Maruchan for this?

Answer:
 Sounds like pantry moths. Which means the bag likely had a break in it. This could have happened in the store or in your home.

No, you have nothing to sue for. By all means contact the company - you might get some coupons.

I'll tell you this: you should check all of your dry goods (flour, rice, cereal etc) and your pantry for the tell tale webs. Because once these get into your home, they tend to spread.Answer #2: What were your damages?

The myth that finding something in your food will make you rich is just that... a myth.

If you have no damages, they owe you a pack of ramen.


Title: got arrested for violating curfew at a protest. omaha,ne

Question: so i was at a protest and stayed 15 minutes too long, over 200 people got arrested too. we were all taken to jail and had to be bailed out. however none of us were read our miranda rights. they say it’s a five hundred dollar fine and up to six months in jail. is this actually true? especially if nobody was read their rights. but like actually up to six months jail time for violating curfew?

Answer:
 Miranda Rights are required for in custody questioning if the police want to use what you say as evidence against you at trial.

Simply being arrested doesn't mean you have to have your Miranda Rights read to you.


Title: Why is it legal for a church to play music (bell ringing) at a level of noise that anyone else would get warned to turn down?

Question: As you can probably tell, I live by a church and this drives me insane.

Answer:
 They may have some kind of exemption from any local noise ordinances, at least while butts are situated in the pews.

It could also be that no one has ever challenged the church on the matter.


Title: Alternative to turning blinkers.

Question:
My mom’s rear turning light went out and I was wondering if it is legal to not replace it but signal turning by using a sign out of the passenger window. My thought process is that motorcycle and bicycles can signal turning using their hands if they don’t have blinkers so can the same be done with a car. It is sedan. I know it is illegal to not signal turns but it doesn’t say how to signal them.
Topic:
Traffic and Parking

Answer:
 [Statute on using signals in automobiles in Wisconsin](https://docs.legis.wisconsin.gov/statutes/statutes/346/V/34)

Love,

Shmoo


Title: Landlord sublet my apartment without telling me

Question:
I am a college student in my junior year, and am currently away from school for the summer. I have a 12 month lease with appartment X in Tallahassee Florida and I’ve been paying $830 a month for said appartment. When I left in May I told the front office that I’d be gone till August and would like it if they helped me find someone to sublet my appartment.
That was the last I heard from them until a few days ago when I called again to see if anyone has been found for a sublease. Turns out people have been living in my apartment for almost a month now and I’ve still been paying rent. So either my appartment complex is getting twice the pay for an appartment or those people have been living off of my money. What has me the most annoyed is that I wouldn’t have known unless I called the office and now they billed MY account for this months rent(7/18). So now not only do I not know or have any contact with those living in MY appartment, but I’ve been paying for THEM to live there. So my question is if they make me pay rent for this month and won’t refund me for last month what do I do? I don’t want to be sent to collections but I don’t want these bums living off of me. Sorry for the wall of text, but I needed to vent.

TLDR: Appartment complex sublet my appartment a month ago without telling me or having me sign anything, still have been paying rent.

Answer:
 IANAL but do you still have any belongings there? Also in my experience on this subreddit your landlord in probably breaking some laws as you have not broken you lease and people are staying there.Answer #2: You did ask them to sublet it and then left town, so they have a valid defense for actually doing so, but you definitely have a claim towards that rent money.

You should also confirm that you will be moving back in come August. This sounds like one of those landlords that preys on college kids not knowing the law. If it turns out they did any damage to the apartment, be prepared to fight for your security deposit back.Answer #3: Did you ask the office these questions?Answer #4: Write a demand letter for a refund of your rent for any time period during which subletters have been living in your apartment. In general, landlords are never entitled to double rent on a unit.


Title: Infested

Question:
I am not sure if this is the appropriate forum for this issue , but here we go.

About 2 years ago my roommates and I moved into a house and apparently the microwave we brought with us has a few German Cockroaches in it.

Within days, the fight was over. We had lost.

Half my roommates didn’t even care about the growing issue.

Now I am moving out a month before the joint lease ends and I am wondering what I can expect to be stuck with.

Will we have to pay huge fees for intense extermination? Could we be stuck with other problems?

This infestation and my roommates ambivalence has left me worried.

Answer: You brought cockroaches into the property *two years ago* and have done nothing about their presence since?


Title: Damaged my car while driving my personal car on the clock

Question: Hi everyone. I'm sorry if this is not the correct subreddit. If anybody knows of a more suitable one, please let me know. So not too long ago, i was on the highway driving to one of my works campuses. While on the highway, i hit something on the road which caused my car to be undriveable due to several thousands of dollars worth of damage. I brought up this situation with the appropriate individuals at my place of employment, and they said there is basically nothing we can do to help you because its not a company vehicle even if you were driving on company time. I also received a policy HR had created that stated this information. I was also told that since i receive mileage, that that is supposed to cover anything that happens with the car (like gas, general maintenance, and apparently deductibles...). So in the end, me driving on the clock cost me my deductible (and a hit on my carfax probably...) and i wasn't reimbursed. Is there a law in Illinois (or anything i can do) that pertains to this type of situation that can help me out in getting my deductible paid to me? I'm not trying to ask for anything more than that since there is no need to, in my opinion. Thank you.

Answer: You don't say where you are from, but I am unaware of any law that requires an employer to reimburse an employee for damage to the personal vehicle when the employee is working. Many, many jobs require that you have a vehicle. Food delivery services, courier services, sales etc. I have never heard of the employer paying for damages for something the employee did, or had sole control over.  You are the one who hit something; the employer could not have possibly changed that or stopped that. If you think the DoT or someone was negligent in the roadway design or dropping stuff in the road, you would have to pursue it/them.


Title: Reliability of children’s testimony thirty years after the fact

Question:
My brother recently began seeing a counselor after giving up alcohol and fixing his mental health. While seeing the counselor he confessed that he witnessed a crime that deeply scarred him.  The perpetrator threatened to kill him if he told anyone.

He has since told my mother about this.

There is no statute of limitations on this crime.

He was eight when this happened. I don’t have reason to not believe him but who knows with something like this. He was a kid and I don’t know what he saw. He is not pursuing charges but on the other hand this is a very serious crime, and I’m wondering what kind weight a child’s testimony (25 years ago) would hold.

Answer: If he wants to report it to the police he can do so, ultimately how much weight his testimony gets would be up to the jury.


Title: Let go from my job... refused any opportunity at the company. Legal?

Question:
Arizona:
I walked into work this morning and the CFO pulled me into his office and 'Let me go'. I worked as an administrative assistant in the office, but we have a warehouse that I know for a fact is hiring. I asked him if he would consider me for one of the warehouse positions that are open. He said 'No'.

Is that legal? It is a different part of the building completely, completely different job tasks, however the manager from that department told me he would love to have me in there. I feel disgusting. I feel like he is discriminating against me. He gave me no reason for letting me go other than 'The company is going in a different direction.'

HELP!!!
Topic:
Labor Law

Answer:
 >I feel like he is discriminating against me.

He is.  He doesn't want you working for the company anymore.  It's perfectly legal, however.

>He gave me no reason for letting me go other than

He doesn't have to give you a reason

>'The company is going in a different direction.'

That is a polite way of saying "we are firing you and hiring someone else".

Sorry, getting fired sucks, i've been there.  Answer #2: If you're in the U.S., this is legal. Your employer is not required to transfer you to a different department or to find you a different position inside the organization.

It's only illegal (in the U.S.) if you're being fired or not allowed to apply for the other position because you're a member of a protected class.Answer #3: Location?

If you're in the US, it's perfectly legal unless you were fired for being a member of a protected class (sex, race, religion, etc.)

If you're in Saudi Arabia, it's perfectly legal unless you're a male and a member of the royal family.


Title: Is there a good faith rule for confiscating fake IDs?

Question: Lets say I go to a place that requires an ID check. My ID is valid and hasn't expired. If the bouncer thinks the ID is fake or that I look to different from my picture and they confiscate it now what?

Answer: You call the police. If it is real, no problem. If it is fake, you go to jail. I assume that is the theory the club is using also


Title: Daycare contract violation

Question: Ohio. The daycare handbook we agreed to and signed does not have any mention of a dress code. If a dress code is established and enforced mid-year, could this be a breach of contract?

Answer: By dress code do you mean mask requirement?


Title: [FL] I feel my ex is a flight risk and might separate me from my son

Question: Me and an Ex had a verbal agreement allowing me to spend time with my son, after a heated exchange she said I could no longer see my son until I took her to court. I plan on opening a case first thing Monday. I already wrote down some of the things I expect to get out of the Mediation. My main concern at the moment is that me and her never really got along and she's been hinting to my Step Mother and Step sister that she plans on moving to NY. My Step Mother just informed me that she has a flight to NY mid November and I am afraid that she might not plan on returning with my son. Is there any real action I can take against this? My son DOES NOT have my last name and I am NOT on his birth certificate

Answer: Talk to an attorney about emergency custody and an Ex Parte Warrant/order.


Title: Therapist ended my treatment for “nonpayment” and just ran my card without my knowledge.

Question:
Xpost from r/personalfinance

I’ve been seeing a therapist for over a year in Texas. I thought he was great. He helped me learn biofeedback meditations, got me a support animal, etc. These past few weeks, I had a relapse and missed an appointment. On top of that, my Payflex card wasn’t running through his Square app. All of this came to a head last week when he confronted me about two missing payments (the first initial payflex charge and my missed appointment where the card didn’t go through again.) I told him I didn’t have another card with money on it, so he told me to leave his office and not to come back. I got paid today (paychecks are bi-weekly) and began making plans to pay my debts. After I got home from work, I was falling asleep and checking emails when I saw an alert from my Credit Card. He tried to run it for $170

He had my card information from when he had forgotten his card reader at home, so I let him write my information down for that one transaction several months back. He now claims that I have no insurance coverage (I do), he is claiming I harrased him by calling him at night (within minutes of him running my card), and is threatening to remove my dog’s status as an ESA.

My question is, what can I do about him running my card? Aside from cancelling the card and getting a new one, does he have the right to run my card without my knowledge or consent?

Edit: included that I live and was seeing this doctor in Texas.

UPDATE: He finally got in contact with me. He asked for my insurance information and for my credit card information to be texted to him. I tried to get him to let me pay in person, but he refused. He states that he has no need for me to come in and wants no contact with him. He also claims that my contract states that he is allowed to charge any Credit Card he has on file for missed appointments/payments. He told me that if I had not texted him my cc info before Monday, by Tuesday he would take me to court for breach of contract. I have sent him my information and will be cancelling the card once the payment is solidified.

My insurance agency have no record of him attempting to contact them, so he more than likely tried to bill my previous insurance company and they stated I was not covered. Payflex has had problems in the past where small businesses cannot accept their cards using the Square app/reader. Because payflex is a medical only credit card, they see a Square transaction as possibly non-medical and will decline it as a result. All of this could have been avoided had he known that payflex may not work, or even if he had contacted me to let me know that Payflex wasn't working.

I figure that this was unavoidable as he seems to be the type to not admit a mistake. After texting him my cc info, he texted back saying it declined and he would see me in court. After a call to my bank, they told me he input the security code wrong, so I asked that he look over it and try again. Lo and behold, it went through no problems.
He still has not contacted my insurance company, so if my copay is more than $25 I expect he'll try charging my card again. If it is less than $25, I wonder if I should call him up and demand a refund?

Thanks for the help and advice.

Answer: What type of therapist is this? You should talk to the licensing board.


Title: [US][VA] Wife asked to pay three years of unpaid parking garage bills because of error that caused fees not be auto-withdrawn from her account.

Question: [deleted]

Answer:
 > What kind of liability are we looking at?

If you agreed to pay a montly charge for parking, you owe the monthly charge for parking.


Title: Accidentally bought a stolen Apple Watch

Question:
This is my first post on r/legaladvice so go easy on me.

Two days ago I came across an ad posting on Facebook market place, it was for a series 3 38mm Apple Watch that only cost $150, it sounded too good to be true. It was.

I messaged the seller asking why she was selling it, since her ad said it was only 2 months old. She said that she had to do some work on her car and really needed the money. After that we arranged to meet up at a local Walgreens (on the bad part of town). When I get there, I checkout the Watch and make sure it is in working condition, I even go as far to attempt to connect it to my phone, but I didn’t finish the process after it initially started to pair (ignorance on my part, I have never used an Apple Watch before) . All was good.

After I return home, I gift it to my mother. She begins trying to set it up, but it’s saying that the original owners Apple ID needs to be entered for authentication. I message back the seller and she is adamant that it isn’t connected to her account still. She claims to have taken it into version, and they removed it from her Apple account (which didn’t make any sense, VERIZION removed it from your APPLE account???).

After a quick Google search, I find the steps that need to be followed for the authentication process. I screenshot them and send them to the seller. After about 3 hour and a little suggestion that I might have to go to the police (it’s starting to feel fishy to me at this point). she claims to have completed the process and removed it from her account. Still nothing is different with the watch.

At this point, I just want my money back. But she has “already spent it on the part she needs”. So, I tell her we either need to meet up or she needs to give me her Apple ID so I can complete this process. She gives me her ID, but it’s showing it’s incorrect. She gives me a runaround, “it might be a capital J” blah blah blah. At this point, I’ve tried it so many time, I’m getting a pop up saying that the account was locked for security reasons, so I ask her to log in and unlock it. She messages me back saying she did. I try to use her Apple ID again, and it’s still not working. I message her and tell her. She leaves the conversation and blocks me on Facebook.

I know her name, and Apple ID (if they are not fake) as well as what kind of vehicle she drives. Do I go to the police? I understand that it is VERY unlikely that I get my money back, but if I could return it to the rightful owner and somehow get that cum guzzling gutter slut who sold me the watch in trouble, I would be happy.

TL:DR
I bought a stolen Apple Watch, should I go to the police?

Answer: Yes you should report it to the police. One thing to consider is that if you don’t report it to the police, and the true owner actually tracks it to you since you have attempted to link it your your mothers phone, they may consider you as a suspect in the theft.


Title: Admittance without witness

Question:
Stupidly admitted to committing a class 2 misdemeanor to a police officer without realizing it was a crime. He did not witness a crime being committed and there was no video surveillance only my two friends who were also committing the crime witnesses it. Is it possible to get out of? It may violate my probation for a felony charge.

Aberdeen, SD 57401

Answer:
 If you are allegedly violating your probation, you need a lawyer ASAP.

Yes you can be charged without any "witnesses", however you were with two friends.  I would bet one of them would be willing to rat you out.


Title: Kinepac binary explosives sitting in garage [TEXAS]

Question: [deleted]

Answer:
 Well it's Texas, I wouldn't be surprised if it's still legal lol.

On a more serious note, I would get in contact with your local police/sheriffs department or the ATF,  they have the right people to handle such situations (bomb squad).

I'm not sure if your friend will get in any kind of trouble with law enforcement but better they handle it than the product falling into the wrong hands.


Title: (Texas) Mother divorced, motor-home awarded to ex-husband but loan was in her name. He today decided he no longer wants it and says it is her problem.

Question:
My mother got divorced about 2.5 years ago. In the divorce, their motor-home (purchased when married) was awarded to her ex-husband. The motor-home was (due to his poor credit) purchased only in her name. They had agreed (though not court ordered, to my knowledge) for him to get the motor-home in his name but he has failed to do so. He has, however, made all payments on the motor-home. My mother has allowed him to possess the motor-home (his current residence) only with the understanding he would get the loan transferred and make the payments in the meantime.

Today the ex-husband notified my mother that he no longer wants the motor-home and he will be returning it to her. Because the loan is only in my mother's name, the ex-husband has made the conclusion that it is her problem now. My mother does not want the motor-home and worries that it may have been poorly maintained/damaged - thus not having enough value for her to sell and pay off the remaining debt (~$88,000 - they purchased it new ~5 years ago).

My questions are thus:
Does my mother have an legal recourse to protect herself in this situation?
Is it common for a court to award assets to one party when the debt is owned by the other party - without any court order to have the debt transferred?
Since the motor-home was awarded to the ex-husband in the divorce and had negative equity at the time, does that mean the debt was also "awarded"?

Any advice is appreciated!

Answer:
 So, here's the deal.

A Judge can award property and they can assign debt, but they can't force a bank to refinance in a new party's name. If the Judge awarded Ex debt that was in Mom's name, if he defaulted on the debt, Mom would still have to pay (or take the hit on her credit) and then go after Ex for non-payment on the debt.

Further, unless your mother's divorce decree specifically says that the debt for the home goes to the ex, he didn't get awarded the debt on paper, which is the only place it matters.

She needs to talk to a family law attorney. Depending on what the decree says, she may not have much recourse. It really boils down to what the decree actually says.


Title: My now ex employer is threatening to call the police on me because I have his tools.

Question: (Toronto, Canada) I'm an electrician and my boss stopped giving me hours or a pay cheque. My last cheque is over 2 weeks late now. I have many tools of his in my possession after he'd given them to me over time. I am telling him that when he brings me the money he legally owes me I will happily give him his tools. Is there any law I am breaking? Is anything I have done or am doing illegal?

Answer:
 Yes, you're stealing his tools. Give him back his tools. If he doesn't pay you what he owes you, there are remedies available to you.Answer #2: Yes, you are doing something illegal.  BUT so is your employer.

Why don't you arrange to meet your boss and get a check.


Title: [Dallas, TX] Legality of police using explosive devices to lethally neutralize suspects

Question:
First off, I feel for our neighbours to the south with regards to the events that are unfolding.

I am curious, what the legality is of police using their explosives from their bomb.  To me, this seems like it would be a violation of some statues.

Any thoughts?

Edit: For clarity, this comes after watching the news conference where the police chief admitted to using a IED or bomb diffusing bomb on the end of their bomb robot.

Answer:
 Are you asking about the Dallas PD using an explosive to "blast out" a suspect that was holed up? In that case, no, the police are able to use explosives if the situation makes it necessary. Answer #2: Federal statutes on the use of explosives generally exempt police agencies in the lawful application of their duty.

In this case, it sounds as if you're saying that they used a counter-explosive to neutralize a potential IED.  There's no issue here.  That method is **far** safer than the other options.


Title: Can child's father legally prevent us from moving?

Question:
I live in Georgia but am from Massachusetts, it's where the child in question was born, and I've planned on returning to my home state this January since I first moved. My ex lives in Florida and has since our daughter was a month old (she's 14 months now). Recently he's brought up the idea of drawing up custody agreement as we currently have nothing on paper, but he contacted a lawyer in Georgia and had an offhand comment about preventing me from moving anywhere. I am god damn NOT raising my daughter here, what can I do? Can he legally prevent us from moving? There's absolutely nothing for us in GA, he just wants us close for transportation purposes I guess but he hasn't made ONE attempt this past year to see her.
Thanks!

Answer:
 > Can he legally prevent us from moving?

Sure, eventually.

Absent a court order, either one of you is free to do with the child as you wish.  That includes moving.

The other parent, however, is free to file for a court order at any time.  If you take the child away from her father, the court can(and likely will) order her brought back.

Your best bet is to hash this out between the two of you.  Answer #2: he and you both have equal rights to the daughter, so you can take her, then he can take her back, and so forth. until either of you has a court order, you can't force the other parent to stay in an area. Answer #3: No, legally he could not prevent you, until there is a court order in place, but there are a few things you need to consider. He could make an ex parte application and have a court order in place in a few weeks. When he presents his case to the court and tells them that you took the child without his consent, permission or knowledge what position do you think the court will have on that? Also, he could call the police and if the right officer responds you could get a phone call from pd stating that you are willfully withholding the child. Try defending that in court.


Title: [WI, IA] Photo enforced traffic "ticket", Cedar Rapids, IA. Do I have to do anything?

Question:
November 9th I was going through Cedar Rapids, IA and was tagged going 75 in a 55 on Hwy 380 near J Ave. The picture is of my car but not of me driving and obviously can only tell me that I was doing 75mph with no evidence. The more I read about this particular area, the more I'm lead to believe that I don't have to actually do anything. It doesn't go against my driving record nor can they send it to collections because they can't prove it was me, not to mention the mayor even went on to say that they could do a summons but it wouldn't be worth it to the city. I live in Wisconsin and only go through Iowa once a month, maybe less. I only received it because I'm the registered owner and the company that owns the cameras found it on a registration database.

Question being: Should I just ignore this? There's nothing that looks like any ticket I've ever received and it's just one piece of paper with a detachable bit at the bottom so I can say I'm paying or appealing it with an envelope. Also, would this be for Iowa or Wisconsin law?

Answer:
 Oooooo I can actually help with this one. These cameras are notorious in Cedar Rapids.

These particular tickets (I cannot speak to any others) are not enforceable because they are administered by a 3rd party (not an officer)  so if you choose to not pay they can't put it on your credit or issue any kind of arrest or anything. They can be super obnoxious and call/mail you though so I normally just pay mine and get on with it.  They won't forget about it either. I know people still getting mail from years ago. But it isn't a ticket in the traditional sense and is a non moving violation. Answer #2: Iowa law will apply to traffic offenses in Iowa.


Title: Late payments because of no bills, do I have grounds for complaint?

Question:
Hello!  I am hoping to get some advice about a credit situation I have run into.

Basically, I am a few years out of school and have several different student loans.  I have been paying off all the loans regularly, never had a late/missed payment.  Over the summer I moved and started a new job.  Things have been very hectic.  When I moved, I did update my address with all the loan servicers my loans are through.

Since July when I moved, I didn't get any bills or notices from one of the specific servicers.  Between the move, new job, other issues, etc I just didn't realize that I didn't receive any bills from them and didn't make any payments during that time (about 4 months).  The ironic part is because of the new job my salary is better and I had been aggressively paying down my other student loans ahead of schedule as I got my monthly bills.

I was on mint.com and checked my credit score on there, and was shocked to discover it had fallen over 150 points.  It was very good before then, I have never had a late payment on anything.  When I ran the credit report that's when I realized I hadn't made any payments in months for one of the loans.  I paid off the outstanding balance immediately.

I contacted the servicer to explain what happened.  I had never missed prior payments and because I didn't receive any bills I was hoping they could reverse the mark on my credit report.  They said there was nothing they could do about it.  They did say I could send a letter to the lender to explain what happened and see if they would be willing to reverse the mark.

On the one hand I borrowed the money and feel I should have realized I was missing payments.  On the other hand I feel like the servicer should have sent me bills or notices during the 4 months that I missed payments.  I had the means to pay it and certainly would have if I had received a bill.

I am still waiting to hear back from the lender about the letter I sent explaining what happened, but it felt like the servicer was very pessimistic.  I had to submit my letter through her since she said she wasn't allowed to give me contact information for the lender directly.

I wanted to get an opinion on whether the fact I didn't receive any bill or notification gives me grounds to file a complaint or pursue this aggressively, with a lawyer, etc.  I am just out of school a few years and am hoping to buy my first home within the next few years so this mark on my credit score will make a big difference.  Any thoughts on this would be very helpful!
I live in Delaware if that makes a difference.  These were institutional loans through a school in Pennsylvania.  Thanks in advance for any help!

Edit:  Appreciate everyone's replies!  Just wanted to update in case anyone else has the same issue. I called multiple people at the loan servicer knowing I didn't really have anything to lose. This eventually escalated to the Director of the lending agency.  After I wrote her a letter and followed up twice, she authorized the credit bureau reporting to be reversed.  More like a goodwill adjustment since I had never missed a prior payment and had gotten my account up to date immediately. Just wanted to make sure everyone knows if you're in this situation there are options to appeal to people and find someone who is understanding, even if you don't have any legal grounds!!

Answer: If "I never received the bill" worked as an excuse, no one would ever pay their bills.


Title: Rent money stolen from Dropbox, and I was given an eviction notice.

Question:
(Located in Nashville area, TN)

I have had the most bizarre day.

I got a message from my boyfriend while I was at work saying to call him and it was urgent. I called him and he told me we got an eviction notice in the mail for not paying rent. We paid it the 4th (not Saturday as I thought we did when I emailed her, but it doesn't matter because it's still not late) and put it in the dropbox an hour after the office closed.

Here it is:
http://i.imgur.com/aqrFHGF.jpg

A few things I thought was weird:
1. We live in a duplex two minutes down the road from the office (located at an apartment complex owned by the same company). Why...was this sent through the post office??? It was postmarked July 6th and we didn't even see it until July 9th, already a few days into our eviction period (14 days, and yes, it's on the lease). Office isn't open til Monday, almost halfway through the eviction period.
2. It was addressed to only my roommate on the envelope, and it's only her name on the notice. There are three of us here, all legally on the lease.
3. Date on the letterhead says July 6th, eviction date is listed as June 20th. Ummmm....yeah. Not much else to say about that.
4. She had absolutely no contact with any of us through phone or email. She just sent out the notice.
I tried calling her, of course the office was closed. So I emailed her.
This is where shit gets really weird.

My message: http://i.imgur.com/26aomk5.jpg

Landlord: http://imgur.com/IhL6HIC

So apparently some guy came around and stole out of the dropbox...then dumped the checks in another apartment complex. (And somehow that thought never crossed her mind when she typed up the notice???) We paid with a money order. So it went missing.
We called and checked the 1800 line for the  money order place and weirdly, it hasn't been cashed. Don't you think it would've been gone by now if some random guy has had it for a few days? The alternative is that it is supposedly laying out somewhere and no one has touched it.

I don't really buy it.

Honestly it makes me think she lost it and doesn't want to own up to it or she was trying to see if she could pull a fast one on me in the hopes that I didn't have my stub so she could pocket it for herself. Is that crazy?
Right now it seems like it's not gonna be a big deal because she told us to just give her the reissued money order and she won't charge us the late fee. I can't help but wonder if she will try to pull something on us (because reissued money orders take up to 30 days to arrive) where she will try to demand the money out of us before the end of the month even if the money order hasn't quite arrived yet. Or that she will try to pull something else on us.

I don't even know where to begin on. I know she's gotta be breaking some laws most likely. But in the case where she is still trying to push the eviction through how would I handle it legally?

Answer:
 In your lease, there should be a section about how you're supposed to pay rent.  I assume putting a check/money order in the dropbox made out to your landlord was one of the agreed upon ways.

Tell your landlord that you paid your rent in accordance with the terms of the lease, and that you're sorry the money order was stolen from her.

You will be happy to help her get the money back if the money order has not yet been cashed, and she pays the fee to cancel/replace it.

If it has been cashed, then it's the landlord's problem.  In that case, offer her a copy of the signed money order and, perhaps, she can track down out who stole it from her.Answer #2: Slightly OT question: Why is the use of these kind of money transfers so common in the US? Using a cheque or some other kind of paper-based transfer method seems completely bizarre to me, living in Germany.Answer #3: Sounds like the landlord is going to work with you to resolve the problem. Time to get a new money order issued using those stubs.


Title: There's a guy wandering around my city in full UPS uniform. I know he does not work for us. Is it illegal for him to do so? I know impersonating a USPS worker is a federal crime.

Question: I couldn't think of anywhere else to ask.

Answer:
 First instinct is that he is using it as a ruse to get access to steal packages from people.  Run it up the chain and let your fellow employees know at least who it is and to keep an eye out.

Contact the police and see if there has been a string of parcel thefts from front stoops.  He needs to be questioned if that is the case.Answer #2: UPS's legal department's number is 404 828-6022.  They can put you in touch with the "Loss Prevention" department, who might be interested in this.Answer #3: What did your supervisor say when you told them?Answer #4: My guess is that he actually does work for UPS, or did at one point and has no other clothes. Not many criminals go through the effort for a disguise.


Title: Stepson murdered and want to know my legal rights

Question: I married a woman 10 years ago and raised her children like my own. Two years ago we got divorced and I have since moved to KY. About two months ago, I found out my oldest stepson was murdered when My ex wife took some kids to confront a maniac. Right now the courts are getting ready to try the man on murder. I have also found out that the childs biological father is trying to go after the murder for financial gain. The biological father had not been a part of my stepsons life since day one. There was no child support, or restitution of any kind. He only became part of hi life in the last two years once my stepson turned 18 and no money was needed to provide. I raised him, provided for him in every way and until he was killed, he would still call me dad when we would talk. I dont know my legal rights or if I even have any as far as going after anyone because I was divorced two years ago. I wouldnt even want money if I could get it because I consider it blood money. I however do not want this man to benefit in anyway from my sons death. He is not deserving and it sickens me. If I had to legal rights and could go after the murder, I would do so just to collect the money and keep his biological father from taking advantage. I would however donate to something along a kids in need charity. Please let me know if there is anything I can do. Could I possibly write the judge to inform how this man was never involved? Thanks in advance.

Answer: First, I'm sorry for your loss.  Did you adopt the child?Answer #2: Did you adopt the child?


Title: Crackhead husband wants to fight for custody

Question: My husband of 17 years developed a severe crack addiction, started pawning thousands of dollars of stolen items to support his habit. He gets busted and goes to rehab thinking it will impress the judge (if convicted this will be his 3rd felony conviction)   he meets a girl in rehab that gets kicked out after 3 days and they start a relationship.  Not long after he gets kicked out for reasons that he won't get into. Long story short, i have an epo on him.  I don't know where hes staying because his gf is also married so he can't stay with her.  What should i do in terms of filing for custody and what are his rights?  Hes facing serious jail time.  We are in Ky

Answer: If he's facing his third felony conviction, then go ahead and file for divorce and set up a parenting plan. He's likely going to be incarcerated for a long time, so while he could theoretically file for custody ... he'd have a hard time getting a judge to see past at least 2 felonies.


Title: I live in an apartment and my neighbor died. The building is handling it very poorly. Is there anything I can do about this? Is this normal?

Question:
I live in San Francisco, so keep small apartments and living spaces in mind... The front door to my neighbors, which someone (police or otherwise) had broken down, had been haphazardly leaned against the frame. There are two doors to the apparent and currently, they left the door to his bedroom (and room in which he died) open, and it's literally 5 feet from my front door. The apartment is still completely furnished. The smells are absolutely horrendous [I wish I could bold this]. It has been over a week since the Police found the body, but the smell started about a week before even that. I have no clue what happened to body and have been unsuccessful at finding out any information. I feel like this is being handled extremely poorly, but this is quite new to me.

I have pictures of the door, but it's nothing extremely interesting.

Answer:
 It's a safe bet that the body is not still in the apartment.  Your landlord can't clean the place up until it is released as a possible crime scene by the police.  After that, the landlord needs to deal with the appropriate person to handle the estate.  He can't just throw all the stuff out, even if it does smell.

If the scene has been released by the police, I would say that the landlord definitely has a duty to repair the front door, to protect the property inside from theft.  At some point, the landlord has to do something about the smell.  I'm just not sure what a reasonable time frame is.


Title: Force abortion charges?

Question: Just for context, I was recently having a conversation about abortion and the development of the fetus, and because it's not criminal to kill it, what would be the charges if you drugged someone to kill the fetus. They should have criminal charges but I couldn't find any. If anything it will go under emotional damages.

Answer:
 > I couldn't find any. If anything it will go under emotional damages.

No you think to small, look at the bigger picture, whom would you drug? The mother. Whom would you also potentially kill? The mother. Whom would you harm? The mother.

You basically would drug the mother of the child and harm the mother in the process, depending on the jurisdiction you would be in massive criminal trouble.Answer #2: It's not illegal for me to take a sledge hammer and smash my car into a steel raisin, but it would be very illegal for you to do it without my permission (and that includes drugging me so I can't interfere).

Same goes here. So, don't.


Title: (Victoria, Australia) Filming me intimately without my consent is not a crime according to the police?

Question:
Someone filmed me on Snapchat without my consent while we were having sex. The police told me today that as long as he's in the video, he's allowed to film me. He can keep it (if he has it), but not distribute it.

Is this correct? If it isn't, can you advise on how to proceed?

Thank you.

Update: Thank you, everyone. I really appreciate your replies. I spoke with a lawyer who specifically mentioned Summary Offences Act Section 41DA and 41DB (although he hasn't threatened to distribute it, but maybe Snapchat is the threat in itself?) and I'm going to speak with the sergeant on Thursday.

Answer:
 Probably not what you want to hear but it seems the police are correct: http://www.smartsafe.org.au/legal-guides/legal-guide-surveillance-legislation-victoria#three

Section 1.3

http://puu.sh/qdZkw/8cf592ddc8.pngAnswer #2: Weird question, but do you have any mutual friends with this scumbag? If so, couldn't you use the mutual friend to ask to see the video, and that would prove distribution? I **highly** doubt this guys' keeping this video to himself. Answer #3: It is a crime to take footage of someone's genitals without their consent in a place where they reasonably expect privacy. From Section 41B of the Summary Offences Act 1966 (Vic).

I'm also finding repeated references to 'it is a crime in Vic to take footage of someone doing a private activity if they didn't know or agree, including sexual activity', but I'm struggling to bring up the specific Act, so I'm not sure if that's still current. It may be refering to case law around Section 40 of the Summary Offences Act. If so then private acts and reasonable expectation of privacy extends to sexual acts.

Note I am not a Victorian lawyer (I'm currently in QLD), and the information I found on this is dated June 2015, so potentially out of date. I'm also on my phone on the way to work, which is making searching for the specific legislation or cases a bitch, I'll update if I find it, but you could certainly start with that and contact a lawyer, or a community legal centre for further advice.

It is another seperate crime to share the footage, also in the Summary Offences Act s.41.


Title: Landlord ripped out grass in yard and replaced it with rock.

Question:
So I have been dealing with this issue for a few weeks now and just heard back from the general manager of my apartment complex. I'm in Texas btw.

About a month ago I come home, and unknown to me or my neighbors, our grass private enclosed yards were ripped out and a week later, replaced with rock. They don't want to replace the grass and they said that they can do whatever they want with the landscaping. Now our lease says they must maintain the grass and yard (mowing, etc). Under the landscaping area, private yards are NOT included in that section that says they can make enhancements to the property.

They have offered to release everyone affected from our leases because of this but I really don't want to move but I don't think it's right to pay all this money for a rock pit when we signed up to pay for a private grass yard (in the lease). We paid more to live here because of the yard for our dogs (not to mention if we move we would lose the pet 'fees').

Do I have any case here to go back and keep pressing on a rent reduction or for anything else? Can the landlord really just make whatever changes they want to the landscape even if we have a private yard?

Thanks for any help

TL;DR: Did landlord violate our lease by ripping out private grass yard and replacing with rock?

Answer:
 Landlord probably within its rights to maintain the property.  They are offering you out of the lease.  Suing to get the grass put back in will not be successful.

Are you in the Southwest or a drought area? There is a huge push to get rid of lawns across much of the country.  If you are in this region,your chances are even smaller because public policy encourages xeriscape.  Answer #2: > TL;DR: Did landlord violate our lease by ripping out private grass yard and replacing with rock?

Possibly, but it's a moot point because they've offered to allow you to terminate the lease without penalty. Either enjoy your new rock lawn or leave.


Title: Rear ended and was offered 300$

Question: I stupidly agreed without giving it much thought. Was this a mistake? Is there anything else I should consider or is there anything I can do? Is t too late to rescind my decision? This happened in Olympia Washington.

Answer: It's not too late to rescind, not if you have their info. Was your vehicle damaged? Were you hurt? There's not much damage that could occur from being rear ended that could be repaired with only $300. Even a small ding can easily cost $500. Don't be a jerk, though, of course.


Title: Wife and I are looking at starting a Room Escape Business in our city (Moore, Oklahoma), is there anything we should watch out for?

Question: Obviously we will need some form of liability insurance, but other than that we are not sure what possible pitfalls we could get into with such a unique business. Any advice is appreciated.

Answer: You absolutely need an attorney for this. Internet advice is not going to cut it.


Title: Business will not return my Social Security Number. Is there anything I can do? [KY]

Question:
I feel stupid having to write this, but here it goes.

My wife and I needed to board our dogs for the weekend.  So we asked for recommendations and found a farm that boards dogs.  We called them up and made the reservation.  Everything, so far, was kosher.  They sounded great on the phone.

Day comes to drop them off and I go in to sign the papers and give them medical records, the regular stuff.  One thing that threw me though was they asked for my social security number.  I was a little taken aback, but it was a busy weekend and we'd be hard pressed to find another place to board them on short notice.  I asked why they needed it and they said it was because they only take cash or check.  Not thinking I just let it go for the moment and continued with the paperwork.

After we leave, I just start feeling more and more uncomfortable with them having my SS#.  They don't keep it in a computer not that it's any more secure), just in an index card box behind the counter.  So I ask my wife to just tell them we want it back when she picks up the dogs.

My wife goes in this morning to pick up the dogs and things start to go awry.  First the charge her another full day for boarding the dogs even though she was there 30 mins after they opened, but that is besides the point.  After that shocker, she asks for the card back with the ss# on it and they say that can't give it back.

Their reasons:

1) We use it to run a background check. (I didn't give them permission to run a check on me)

2) They keep it in case we're going to return. (Never going back to this place and let them know that)

3) In case we bounce a check with them. (We paid cash)

&#x200B;

Do I have any recourse here?  Should I contact a lawyer and, if so, what specialty?  Or am I just a dumbass for handing out my ss# when I know there wasn't a need to?

Answer:
 A business is entitled to keep the records they create in the course of doing business with you.

You do not have recourse to see those records destroyed because you are the subject of them.


Title: Does reporting my therapist of State board results in termination of his license? I want that fucker's license be cancelled and rot in hell. (Ohio)

Question:
I'm 19 years old college student and had ADHD. I had marijuana abuse problem, too. Went to a therapist for its treatment. Despite telling him not to inform my parents about it, he told them. (Therapist works in university associated teaching hospital. I am Pharmacy student, btw.)

So, my religious conservative parents are now threatening to stop my college funding because I'm abusing weed. All of these is result of that nosy therapist. I just want him to fucking lose his license. I'm so mad at him. Will resulting State board this HIPAA violation result in his termination of license or just slap on wrist?

Answer:
 You can ask they conduct an investigation into your allegation. Answer #2: Therapist-patient confidentiality is not necessarily *absolute*.  There are cases where the therapist is required (either ethically, or in some cases the law) to report something to the police.  None of the usual exemptions sounds like they happened in this case, but I bring it up to point out that the situation can potentially be a bit muddy.

>Does reporting my therapist of State board results in termination of his license?

No. Reporting your therapist will start an investigation that might lead to a punishment up-to termination of his license.  But it's really going to come down to the circumstances... And since no-one here has a crystal ball you are unlikely to get a better answer. Answer #3: There's no way to know definitively. It depends on a number of factors. In what context did he tell your parents?


Title: My husband wants me to leave my debit card with him during our "break." Can he do that?

Question:
[deleted]
Topic:
Other Civil Matters

Answer:
 If it's a joint bank account then you don't have to do anything.  It's both your money. Answer #2: It's sounds like he's active duty military, right? He's probably been told horror stories of soon to be ex wives emptying joint bank accounts and the home before disappearing, and is scared of that happening to him.

Take the precautions mentioned by making copies of statements and such, but also talk to him about how you two are going to work out this split financially. Make sure whatever you decide will work for you both. If he's that worried, I've known couples to create a two individual accounts and have the joint account split the incoming money through automatic transfers so they can be sure neither is "cheating" by taking extra out of the joint.


Title: [NY] after electric bill avoidance in a 6br apt, my ex landlord has slapped me with the bill. Can this be disputed?

Question:
Hi all,

Four years ago, I lived in a 6br apartment for two years in NYC. The first year we were on a lease to our individual rooms. We had no responsibility to the total rent of the apartment. At the end of the first year, several people moved out. The management tried to find other people to fill the empty rooms while retaining those leftover who would stay, to no success. As they had wanted to get us on a new lease for the entire apartment as to not jeopardize the rent via individual room lease, those leftover lived in the apartment on a month to month basis while the management searched for new roommates one whole year to no avail.

At the beginning of the 2nd year, one of the newest roommates to move in was a neighbor from another building. Because the owner of the electric account had moved out after the first year, he had suggested we avoid paying electric until the last possible cutoff month, and the  he would open an account claiming that he had just moved in. Since none of us were on a lease any longer, he'd said the management would not be able to provide that we were responsible for the electric in any way which could affect our credit. He also said he'd done it before. Being very young, living in my first apartment, and in need of money I had believed this would work.

Fast forward four years and 2 apartments later, my newest leasing agency has found that I have unpaid claims in my credit report. Without my knowledge or approval it seems my previous management from four years ago has told the electric company that I am the sole responsible party to an electrical account spanning for the 3 unpaid months from this property.

While I understand that we did in affect avoid the electric bill, my concerns are that the management assigned me this debt affecting my credit without my knowledge or approval and that there were other people living there at the time who should also be held financially liable.

I've reached out to the roommate who suggested the avoidance to ask if they could split the bill. They've suggested that the larger issue is that I did not authorize this to my credit and that I should first try to dispute it before collecting any kind of money. This ex roommate has a close relative that works as a lawyer and he is saying this is what that person suggests.

I'm also concerned I do not have the financial resources to dispute this bill and that it'd be cheaper to pay it off, but in which case I'd like to claim a civil suit against this roommate saying that they lived in the apartment at the same time and persuaded me to this avoidance, although at the same time there may have been one or two other roommates during this time which I can't recall.

How can I dispute this bill or hold the other residents of the apartment during that time liable for the bill that I've been assigned as the sole owner for?

Answer:
 >  it seems my previous management from four years ago has told the electric company that I am the sole responsible party to an electrical account

I would bet that the management company assigned the debt to everyone's credit history (i.e. reported everyone to collections). Do you have a specific reason why you believe they only associated the debt with you?

Either way, it's clear you owe the bill. Why not pay it?


Title: Workplace discrimination?

Question: This will be a long one as I will do my best to fully explain the circumstances, any help will be appreciated. In late July this year I took my daughter and a coworkers daughter on a road trip. The second day of the trip the coworkers daughter accused me of inappropriately touching her ( I didn't, wouldn't be able to live with myself if this was true) I was required to go to another location (about 20 minutes further away) to let things cool off and let the investigation happen. The middle of September I was interviewed by the police and they determined that I did nothing wrong and that the little girl was home sick and lied to go home. A week after I found out there would be no charges filed I had some health issues that required surgery and have been out of work since then. I got released to go back to work as of next Monday. When I talked to my boss this morning he told me that I would have to continue to go to the alternate site for the foreseeable future and I am not allowed to talk to any of the coworkers from my primary site. This is putting me in quite a spot because it's costing more in transportation costs with tolls and gas etc. besides the fact that I feel like I am being discriminated for being wrongly accused. I'm not sure if I have any legal recourse or what I should do going forward. Don't get me wrong I am thankful for this job, hr told my boss to just fire me but he went to bat and refused, but I don't think this is right. Please help with any advise you might have. I am suburban Chicago if that makes any difference

Answer: Unless you are a contract employee, if you are in America nothing they are doing is illegal. You have no legal recourse and can be fired for not complying.


Title: Help! Bought a new car - the ownership is in my name and a day later the deanship tells me they didn't complete all the financing with lender. What can I do?

Question:
So I bought a car a couple days ago - was told I was approved for financing. I came in signed all the paper work, they gave me the ownership and the keys and I left. The next day I get 40 + frantic phone calls while I am at work saying that the financing company needed my proof of employment and references to approve the loan and that it should have never left the lot. So I have the vehicle in my name and the financing company has not yet approved the loan. I'm consulting a lawyer as this is very unprofessional and trying to find out if they can take the car if financing is not approved with it being in my name.
Im in ontario if that helps.

Thanks!

Answer: Generally, the contract you signed says the deal is contingent on final approval of the financing. If financing can't be secured, you'll probably have to return the car. Check your contract!


Title: my dad moved his accounts out of the country, refuses to pay child support

Question:
parents divorced about 3 years ago, and my dad doesn’t think he should pay child support since he’s unemployed (he has the money, qualifications, etc, just doesn’t want to work, smthn bout mental health). He moved to panama a few months back, but doesn’t have a permanent address, not sure how he’s there visa-wise, he has both a british and an american passport though. my mom’s struggling a lot and my dad has stopped responding to calls, texts, etc. he has recently moved his accounts and ignores any legal action my mom takes. is there anyway to get him to pay child support? what else is going on here legally?

//sorry for awful format btw, thx
Topic:
Custody Divorce and Family

Answer: Report the deadbeat [to State](https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/intl-child-support.html) and your state child support agency. Expect slow and mixed results. I would also file a criminal complaint if available in your state to get him arrested upon return.


Title: My school grades the SBO's based on the amount of money they pull in. I feel like that shouldn't be allowed?

Question:
So the Student Body Officers at my high school are forced to sell these wristbands that are $5.00 each. They're required to sell 10 of those wristbands for a grade out of -/100. The reason I know this is that a friend of mine is trying to sell these wristbands out of desperation to get a passing grade. I feel like this is wrong, and I'm curious what you guys think about it.

*United States; Utah*
Topic:
School Related Issues

Answer: What do you mean a "passing" grade? This is a class? I don't understand.


Title: Texas - Maybe this is a dumb question, but what are the legal implications of trying to pay someone by simply replacing the item used? Like how much of a case would a person have refusing to pay a hospital for a $200 Advil pill and instead offering to buy the hospital an entire bottle to replace it?

Answer:
 Businesses are not required to accept payment in kind. The legal implication would be the hospital sending the $200 debt to collections and the debtor being sued to recover the money owed.Answer #2: You're not paying for the actual pill you're paying for the facility and the licensed and educated professionals who are caring for you.Answer #3: When someone sells you something it's not just the cost of the object that is included. It's also storage and wages for employees and the cost of land that the business uses and any number of other expenses. Giving them an Advil doesn't help because they are trying to cover other costs than the Advil but rather the cost of the whole pharmacy and the fact that they are legally required to give expensive drugs to people who cannot pay.

They aren't obligated to accept your Advil, and can pursue the unpaid debt. If you can't afford a medical stay then ask for financial aid. All hospitals have financial aid of some sort.


Title: Local police are trying to get a statement off MIL for "stealing" a phone that was already returned

Question:
Im going to make this as short and simple as possible. This happened in Pennsylvania.

This is all based off of what she told me happened.
My mother in law is constantly misplacing her phone. About two and a half weeks ago she was shopping at a local pet store when she saw an iphone placed down on a shelf in an isle she was in, thought it was her phone and picked it up, put it in her purse, and went right on shopping. She states that she went into her purse later on that day, and notices that theres a phone in there that is not hers. She put two and two together and realizes that she had accidentally stolen said phone.

She then goes back up to the store to return the phone, but the store is now closed. There is a phone store right next door so she goes there, explains what happened, and asks that they return the phone the next morning. Next morning comes, she calls the phone store, and they tell her that the phone was indeed returned to the righful owner.

Skip a head now to yesterday. All of a sudden my mother in laws picture from survalence of the store is posted all over FB by the local police asking for the identification her. Stating she stole an iphone from an employee. About 2 hours later the entire post was deleted and a new post was put up saying that she has been identified. Then a police officer starts directly contacting my MIL through her actual phone asking her to come down and make a statement for stealing the phone and making arguments that she is lying about what actually happened and that she knew it wasnt hers and took it anyway blah blah blah.

She is now freaking out, and going to sit down with a lawyer in an hour. My question is, does she need to hire a lawyer? And does she actually need to go down and make a statement for the police when everything is a misunderstanding and the phone was returmed that same day?

Thank you in advance for any advice. This is very much appreciated.

Answer:
 Yes, she needs to hire a lawyer.

Her story may be true. It may not be. It doesn't really matter: the material fact is that she took someone else's property, without permission, and acted in ways that suggested she intended to deprive them of it. A lack of intent can be a defence to criminal charges, but it's not the kind of thing to hang a criminal record on without professional counsel.

Her lawyer will help her navigate this and limit the damage. She should not give a statement to the police until and unless her lawyer advises her to. With luck, she'll get deferred prosecution if she pays a fine and keeps her nose clean for a few months, keeping the charges off her record entirely.


Title: WA State Spouse filed for divorce. Never served. Divorce has been finalized.

Question: My friend is not a native english speaker and looked up her name in the court system and found out that her divorce has been finalized. Her ex knows where she lives and works. She's been in the same place for years. It's been more than 120 days since he filed. Does this mean he forged her signature? It says that it was sent via certified mail to the state capitol, where she doesn't live and is about 30 minutes away from her. He KNOWS her address and she sees his car drive by.

Answer:
 You or your friend would need to review the filed documents to find out the details.  It's likely she was served by mail, and potentially didn't open the summons or discarded it.  Either way there will be some certification of service in the file; husband or legal representative would have had to have filed one.  That person would also have to be able to provide proof of service.Answer #2: I’m a California family law attorney.

To answer you question: it’s possible.

There are several different avenues to obtain a divorce. Out of the most likely three possibilities, two would be fraudulent on the ex-spouse’s part.

1) He told whoever was supposed to serve the Summons to falsely state that that person served your friend.

2) He filed a Proof of Service of Summons with the Court in someone else’s name, falsely claiming your friend was served.

3) Your friend did have someone attempt to correctly serve your friend, but that person mistakenly served someone else. The ex-spouse believed your friend was correctly served, as did the Court, who then proceeded with a divorce by default.

In any case, your friend needs to go to the Courthouse and pull her file. She can review the judgment as it should be public record. Your friend then should consult with a local family law attorney and possibly pursue a motion to set aside the judgment.


Title: Purposely hit by taxi cab

Question: Hi there, this weekend I was out drinking with friends, and failed to properly check my bank account. I got into a yellow cab, and when it dropped me off, my card got declined. I proceeded to offer the driver my phone number, and told him that I could go up to my apartment and get money from my roommates to pay him all of what I think was $8. He proceeds to start verbally threatening me with violence and says he is going to call the cops. At this point I just get out of the cab before he tries to lock the door or anything, apologize, tell him I was willing to remedy the situation, but would not be waiting for police, and as I walk out in front of the cab, he lurches the cab forward and hits me with it, knocking me to the ground. My beanie flew off, I skinned my wrist pretty badly, and I have a torn meniscus with an internal cyst (knee) and it tweaked it even more pretty badly. At this point I'm just freaked the fuck out and jog away from the cab because I'm not trying to get killed over 8 dollars. Afterwards I realize how dumb I was to not get any witnesses phone numbers (was on a very busy avenue late saturday/ early sunday). I then realized that there was a security camera right on the corner that definitely saw everything happen and it's owned by myuniversity, but I need a subpoena to get access to the footage. Also 2 charges went through on my debit card for the cab, but not for the full amount, but as a result I was able to get the cab's medallion number (it's privately owned). Now I'm wondering what my course of action should be. I want to contact a lawyer/ the police and get my money, but I don't want to go into a situation where I get arrested for owing this cab driver all of $4. Any advice is greatly appreciated. Thanks. Also I have an unpaid open container ticket (only reason I didn't pay yet was because I lost the slip and am a busy guy who has been putting off going to court) from approximately a year and a half ago so I'm wondering if I need to deal with this first as well.

Answer: Police report NOW. Striking someone with a vehicle is a much bigger deal than an unpaid cab fare.


Title: Can I decline to hire smokers?

Question: My restaurant business is quickly approaching 50 full time equivalent employees, meaning I will have to offer people health insurance that costs no more than 9.5% of their annual income. Smoking policies are outrageous, many restaurant employees smoke. Since the annual insurance cost for a smoker will easily cost me the equivalent a few dollars more per hour for their insurance am I allowed to discriminate based on smoking? Could I terminate employees based on this also? I'm in Utah by the way.

Answer:
 ~~Yes and yes.~~  But if a majority of your workforce smokes, you may end up with staffing problems.

As /u/Ramady pointed out.  Not in all states.Answer #2: Yes. Smoking isn't a protected class.


Title: Therapist Harassment (Manhattan - USA)

Question: [deleted]

Answer:
 Okay, what she is saying is, "Hey, there's supposed to be my payment, and you received and cashed it. I need my moment, because that is my livelihood." Imagine if your boss got your paycheck, and cashed it. When confronted, he felt that your tone was rude, and would send it in a check format, and not give you the cash. Would you feel wronged? Because that's more than likely how's she's feeling.

As far as choosing now to be her client, fine. It's your choice. I think it'd be better for you to meet with her, and explain in person your thoughts. But hey, my two cents. You owe her the money, and it should have been in a much more timely manner, like dropping it directly to her. The check writing seems more passive aggressive from how I'm reading it.Answer #2: This isn't harassment. Grow up, stop acting like a child thinking you're being bullied, be an adult, and pay your bill.


Title: CA - Married 15 years and its getting ugly

Question: So we've been married for 15 years, and for the past 10 my wife has steadily been losing income.  She was running a home day care, and about three years ago decided that she would only have two kids, as that was all she could physically do.  So we're splitting up, we're clearly not on the same paths.  We don't own a home, I've had the same job for 15 years, and she has just recently stopped working altogether to go back to school.  So I am stuck with 100% of the financial responsibility, rent, utilities, kids (we have two, 5 and 12 years old), insurance, everything.  What are my options for not having to support her lack of motivation?  Seriously, she would rather sleep than get a job.  She still goes out with her boyfriend, goes out to dinner, there is always pizza from take out, sodas, but no help in rent.  How can I be forced to support her just because I've had the common sense to keep a job through our entre marriage?  I can't just stop working and shrug off my responsibilities, why can she?  And why am I forced to be the one to support that behavior if I leave?  I get covering the kids, that I don't have a problem with, but why should I be paying for her lazy butt??  For ten years I've been asking her for help financially, it was never our intention to be a single family income, and we were barely scraping by when we were both working.  Thanks in advance!

Answer:
 because that's what you signed up for when you got married.  Answer #2: What is your legal question?Answer #3: You have to support *the kids* no matter what you do.  Courts will determine how much that costs.

Don't be the guy who tries to weasel out of paying child support out of spite for the ex-wife.

If you think she's deliberately goldbricking, you may be able to petition the court to treat her as if she's earning a reasonable amount of money and use that to offset your support costs.

H O W E V E R, the kids are the ones who wind up eating the loss when this happens.

The kids, man.  It's all about the kids.


Title: (Ontario, Canada) I want to quit my job after two weeks of working. Do I need to give notice? Will I be paid for the hours I’ve done?

Question:
I’ve been working full time as a waitress in a restaurant but I can’t continue working here just because the cooks are extremely rude to me and I just hate it. I work at least 10 hours a day and 3 days a week. It’s my second week and I read somewhere that I don’t have to give two weeks notice if I’ve been working for less than three months. I am wondering if my employer is excused for not paying me since I’ve been working for such a short amount of time. I don’t want to quit yet until I’m sure of payment. I also have the leverage of the fact that we don’t have breaks but I don’t really want to hurt the business or make it into a big deal. I just want to get paid for the work I’ve done while quitting ASAP. Any help would be appreciated. Thanks
Topic:
Employment Law

Answer: you will be paid for the hours you work, it is your responsibility to track the hours you worked and ensure you can get paid. you can quit any time, giving notice is a professional courtesy, unless you have an employment contract that requires you to give notice.


Title: Business is suing me for defamation over a review.

Question:
Hi,

I live in France so I don't expect many people to be familiar with laws here but anyways, I'll share my experience.

2 weeks ago, my parents hired a company to clean the house. They did a one-time contract to test the service before engaging in a more regular thing.

The issue is that the person was very slow and didn't clean well. So I posted a negative review on Google and their Facebook page.
I did not insult them or said something that wasn't true. I explained with some details how the house was barely cleaned and why I thought the service was terrible.

2 weeks later, I received a letter telling me I'm being sued for public defamation. I have to show up on the 15th June. It leaves me only 3 weeks to find a lawyer and prepare my defense.

When I went to check my reviews then, they had already disabled reviews on their Facebook so my review wasn't showing up there (it's still on my activity log though). On Google, my review is not showing up publicly but I don't know why. I don't even know if it has even been public at any point. I can see my review on my account but noone else can. Maybe it got flagged ? I don't know. There's only one 4-stars review from a blank account with no text that was left also 2 weeks ago. When I left mine, there was no review at all.

To make things more complicated, my mother is also included in the lawsuit. She hasn't posted a review at all and didn't even know I posted one but they say that she's defaming too for some reason.

I went to a lawyer today who was pretty useful. She explained me how I have 10 days from the start of the lawsuit to send my evidences to the prosecutor and she went through the whole thing with me but all in all she agrees it's not defamation and she's going to try to nullify the procedure if she can and says we could probably sue for slander because some fallacies are made in their accusation.

She's asking for €1600 just to build the case and plead for me. This is a pretty costly review if you want my opinion. My parents have some sort of free legal protection that comes with their house insurance, we're calling them on monday but I'm not expecting much from this and even if they can protect my mother, I don't thing they'll protect me. I'm also seeing another lawyer monday but I think he's going to be even more expensive.

I did not expect to get in that much trouble for a negative review on the internet. I really don't have that much money and this is going to hurt pretty bad if I have to pay a lawyer. I don't even think I can get my money back, the lawyer said to do that, we'd have to attack them back and she has valid arguments but who knows if it could give me back my expenses.

This thing is so stressful and I hope nobody ever goes through this.

If you have any legal advice I'd be very happy. I'll keep you updated when things move on. I don't want to spend that much money for a lawyer over this but defamation seems very complicated and technical, I wouldn't even have known about the 10 days to send evidence thing and there seems to be all sorts of tricky things that I'm going to miss if I go on my own. I think it's a bad idea to go without a lawyer but I'm going to lose so much money if I do. This whole thing disgusts me.
Topic:
Criminal Law

Answer:
 Not sure if this applies but

https://www.techdirt.com/articles/20140713/17151727870/court-fines-french-blogger-3400-her-negative-review-local-italian-restaurant-il-giardino.shtml

If you're an adult, your mother shouldn't be responsible for your actions.

While it might not have been your intention, they could have seen your review as being malicious, and harmful to their business.


Title: Ex-girlfriend wants to take me to small claims court over gifts she's given me. Can she win the case?

Question:
Hi all -

Location: Washington, DC area.

Pretty simple story. Dated my girlfriend for over a year, and we obviously exchanged lots of gifts during birthday/holidays/etc. Now that we've broken up, she's demanding back all the gifts I gave her (all physical gifts like clothing, stuffed animals, etc).

I told her no, they are mine now that they've been gifted to me, and I have no obligation to give them back. She responded with something along the lines of "as long as I have the credit card receipts that show I was the one who bought them, they have to force you to give me the stuff or equivalent money."

Who is right?

Just to clarify, again, these were all physical gifts, and they were all definitely *gifts*. Nothing was lent or sold to me. She bought stuff with her own money, and then gave that stuff to me as gifts. Do I really have a legal obligation to return any of it to her?

Thanks, ask any other questions necessary.

Answer:
 You don't have to return gifts.  She's not going to sue you and try to convince the court that some minor crap she gave you was something other than a gift.  If she did, the court would probably believe you that the things were gifts.Answer #2: Generally, you do not have to return gifts. The court will likely side with you on this one.Answer #3: At first, I was going to suggest just giving her a bunch of this crap back.  Do you really want a stuffed bear from your ex-girlfriend?

BUT, I suspect she doesn't care about the gifts.  She's having an emotional reaction and is channeling that reaction through the gifts.  She's looking for additional reasons to communicate with you or hate you or whatever, and this is the vehicle she's using right now.

Giving them back to her isn't going to make her go away.  She'll just pursue some other vehicle.  And, frankly, you're probably better off having her using these gifts as an emotional vehicle.  She could be boiling rabbits on your stove.


Title: Let's Stop Hurting Each Other

Question: [removed]

Answer:
 You do understand that this is /r/legaladvice? Not /r/validateyourfeelings or anything else?

There are a lot of subs where you can get the support you need. But this isn't one of them. How kind do you think it would be to say to an OP who is in dire legal straits: dear, dear, you poor thing?

>Instead of attacking the assholes who like to hurt people I propose that we create a group of regulars whose only purpose is to be supportive to victims. They could use consistent names such as "LegalAdviceAngel" or "YouAreNotTheBadPersonHere."

Good grief. How about a group of people whose role is to say "you are a moron"? You can be the first person we respond to.


Title: Fiance's intrusive Ex, legal rights against?

Question: Hello,  I will be moving in with my Fiance in the next few months and there are problems with her ex husband.  They are in Arizona and have been divorced for 7 years but have 2 children (1 is 20 and 1 is 13) together.  First off he never spends a cent on the kids for anything and makes her do it.  He walks into her home (which she owns not him) and throws tantrums regularly.  They agreed to shared custody (so he woudlnt' have to pay) and he has weekends and she has weekdays.  He will go on trips and not tell them when the weekend comes or will show up the middle of sunday demanding his son.  He walks into her home without permission and even into her bedroom tonight while I was on the phone with her.  When I was visiting she went to go to the store and he chased her down and screamed at her in the parking lot there.  He lives several towns away so he makes these trips up.  Even though he submitted the divorce he seems to want to make our lives hell.  He is not a practicing lawyer but did get a law degree and is a non-violent sociopath.  What are my legal rights in AZ to keep him out of our home?  I have told her to call the police everytime he comes in the house but she hasn't yet, can I start doing that for records every time he shows up?  Does his 13 year old son living in the home give him the right to barge in unnanounced and without permission?  I know he is hiding his (possibly illegal) income from the IRS which is why he doesn't pay anything.  He also somehow owns a trailer park.  I will be working out of the phone doing support calls and I don't want my job interrupted while there.  What steps can I take to ensure he never enters the home, or at least if he does pays for it dearly so it isn't something he wants to continue with?  What are my legal options?

Answer: You can deny him access all day long, but it won't matter if she allows him access.


Title: (CA) Apartment hasn't contacted us when lease should have ended.

Question:
So this situation is really weird and stressing me out so i could use some advice on what i need to do to protect myself.

My bf and I got a year long lease in California which should have ended last month.  We are now separated so i am living elsewhere and paying "rent" elsewhere (but not on a lease myself).  So I'm still on the lease as well as my parents as the guarantors (i didn't have a stable enough job until this year)  We have gotten no contact from the landlords.  My ex tried emailing them but doesn't want to call and they haven't responded to emails.

I need to get my parents off the lease.  I'd rather not be on the lease.  And he needs to find a cheaper place.

My questions are:  What happens if the new lease isn't made/signed?  does the old one carry over?  is there now no lease?  Do we risk him being kicked out suddenly?  Are my parents and I still liable for payments if he fails to complete them?  What should we do to protect ourselves?

Sorry for the rambling but any advice is more than welcome.  Thanks for reading this:

tl;dr  lease should have ended a month ago. I don't live there and am on the old lease.  Person who lives there doesn't make lots of money.  Landlord hasn't made contact.

update: https://www.reddit.com/r/legaladvice/comments/3uop15/updateish_ca_lease_translating_do_i_need_to_give/

Answer:
 Please find a copy of your lease and reread it. Some leases are placed month to month after the initial lease expires. Your lease also may state that it is the resident's responsibility to contact the leasing office for any changes regarding the lease. Everything is stated in your lease and you will be required to give a minimum of 30 day notice. So please find it!

To answer your questions, if you have not signed a new lease, you are most likely month to month. Outside of a lease, a landlord can give you a 60 day notice to vacate for any reason. Yes, if your ex decides to stop paying rent, you and your parents will be held responsible. Find your lease, reread it, especially the part about vacating, and give your 30 day notice so you are no longer financially responsible for the apartment.

IANAL but worked in property management in California for years.

Editted to add answers.