Title: Landlord has vanished and we don't know where to pay rent. (CA - Orange County)

Question:
My S.O. and I are broke and living in Santa Ana. (Not the best area)
We we're in a rush to find a place (She's studying at UCI) and got into a badly made 1-year lease on a condo... When trying to apply here, The landlord (weird russian? lady) was in a rush because her mother in-law was waiting in the car and had us send all our personal info via email. (Giving us none of hers) After meeting and giving her 1st month and deposit, she left again in a hurry.

Now we realize many things in the condo aren't working as they should, we never got keys we needed, and to top if off- we don't know where to send rent. (Though i've been making active efforts to connect and get the info via phone/email)

Calling her cell gets you to "Bs appliance repair co" so I googled the business and found 4 near me... 2 locations have awful reviews from real people calling her a mean person. 1 had a single 5 star review from literally our landlord. and the other, a single 5 star review from a "Stacy Stone." :^)

Anyways I think our landlord is a scammer, no clue where to pay rent, and I think she's dodging us... If they're scammers why don't they come get their damn rent? What's the gig? I'm paranoid of living here now. Reddit, plz.

Answer:
 You need to establish proof of your good faith, it'll be a good shield against potential bad things coming. Pay your rent into a separate bank account in your name (get as high an interest rate as possible) and faithfully deposit what you believe to be the correct rent amount on the days when rent is due. IF this landlady isn't just a scammer, she (or a duly authorized representative) will be along for it eventually -- and it's easier to get the already-saved money than it would be to scrape around your budget for the sudden debt.

If she IS a scammer, you're possibly going to find yourself having to negotiate with whoever the real property owner is... Which means that you're going to be on tenterhooks about whether or not you're going to be looking for a new place, obviously. That kinda sucks, but there's nothing to be done about that. You can either find a new place now and avoid the potential problem or you can find a new place when the actual owner wants you to. Who knows? They may not want you to if you've got all this rent in escrow for them.

Does kinda sound like a scam, though.


Title: Roommate moved my motorcycle into the rain while I was out of town, causing rust damage. Proof needed to make him pay for it?

Question:
Throwaway for obvious reasons. I live in Utah and took a road trip to California last weekend in my car, leaving my motorcycle parked under the covered parking spot I pay for at our apartment complex. I left Thursday morning, and when I got back early on Monday morning, I found my motorcycle moved out of my covered parking spot, in the rain and soaking wet.

I asked my roommate if he knew who did this and he said it was him. He sad he moved my motorcycle so that he could park his car in my spot while I was gone. I never gave him any permission to do such a thing. The next day I texted him asking what day he moved my motorcycle out of my spot and into the rain, and he texted back saying he moved it, but that it was still covered from the rain.

Do I need more proof than this to require him to pay for the rust damage, or is it enough simply having a text from him stating that he moved it at all?

Answer:
 4 days is not long enough for a motorcycle to develop rust damage.  I ride mine in the rain and in the six years I've had it there's still no rust.

Basically, no court is going to seriously believe that being uncovered for only four days caused meaningful damage to a vehicle that is designed to be ridden even in rain.


Title: Got pressured into a lease with an old creep and want out immediately after only 5 days

Question:
I'm a college student and it's the time of year to come back to school and transition my housing situation. I made plans with a few friends to rent a 3 bedroom house together, as there are plenty around campus and that's what many people do. Unfortunately, they bailed on me just a couple months before I had to be out of my apartment (One told me in June that he was dropping out, and the other said he didn't want to do a 2 bedroom).

This left me to scramble to find a housing situation. I can't really afford a one bedroom so I was constantly looking on Facebook boards and craigslist posts and finally found someone who was renting out a room in a house that was in my price range. I messaged him and asked about details and through the texts he seemed like a young dude who was maybe like 25-28. He mentioned he graduated "a couple years back" but little did I know, that meant nearly ten years ago. I'm a 21 year old guy and I don't want to live with someone who is almost old enough to be my dad. To make things even better, there is another tenant in this house already as well. The landlord, if he even legally can be called that, never told me there was somebody else living in the house. The other tenant is a 38 year old dude who I'm pretty sure is a kiddie diddler.

This man makes me extremely uncomfortable after only knowing him for 5 days. He constantly brings up how he used to be such a bad young buck when he was younger and tries to tell me these obviously embellished stories. I understand that people can be proud, but the way this man talks to me gives me uncomfortable feelings that he has an ulterior motive.

I'm in the process of getting a second job so I can afford my own place and I want to get out of this one ASAP. I did signed a lease, which I can upload on here if it's allowed. So I suppose I am asking for the options and or process necessary to break said lease.

___
Some more explaining/background of myself:

I felt pressured to sign this lease because I am an out of state student, and my previous lease ended on July 31st. I came to move my things on July 29th and when I arrived at the house I am currently in, I realized my mistake, but I felt as though there was nothing I could do. My things had to be out of my apartment and how was I going to find a living arrangement in 2 days?

I've only been here since the first of August and it's already beginning to take a psychological toll. I'm starting to hope for bad things to happen to me so I'll be forced to take a break this semester just so I can be out of this house.
The house owner puts little typed out notes in so many areas of the house which honestly triggers me pretty hard because of a roommate in the past who would leave passive aggressive notes to me. Because this place is a 100% bad match for me I spend A LOT of time in my room, which doesn't make things any better.

I'm looking for my best possible course of action here and truly appreciate anyone's time or advice given to this thread.

___

TL;DR:

Young boy unknowingly signs RSVP to White House hot dog party.

Answer: Oh lord. Hint: most judges are well over the age of 32 and will not really take kindly to your complaint that men in their thirties are creepy old dudes by virtue of their extremely advanced ages.


Title: Will be charged with 'Criminal possession of controlled substance in the 7th' because my GF of 7 years left her prescription medication in my car (NY)

Question: A year or so ago my GF was having some medical problems related to her gallbladder which was eventually removed, she had been to the hospital over 5 times for attacks before they discovered the issue was the gallbladder, she got a lot of prescription medication due to that. Anyway I was arrested the other night and the cops discovered one of her old pill bottles which contained tylenol with codeine, she put it in my car because we were attending an event and she took it out of her bag and forgot about it. The pill bottle likely says that it was administered at least a year ago on the label, the name on the bottle is her name, there is still a substantial amount of pills in the bottle (to my knowledge) and she also has discharge papers from the hospital. Am I still going to get screwed and have to go to rehab or something over this or is there a chance this can be totally thrown out being that its my GF of 7 years and clearly no one was taking or selling the drugs?

Answer:
 Defense attorney, ASAP.

Chances are no one is going to buy your story, whether it's true or not. There's all kinds of ways they can stick this to you.


Title: I want to create a statement to carry in my wallet for interactions with police. suggestions?

Question: [deleted]

Answer: Too many words. It would be dangerous for me to stand there and read that huge block of text.  Just tell them you don't consent to any searches but will follow commands if they make it clear it's a command. Answer #2: Basic answer: don't do it. It won't do you any good and it's likely to tick off an otherwise well-disposed LEO. If (s)he even reads it which it is likely (s)he won't (and doesn't have to).


Title: Ex Employer spreading rumors about me to discourage their competition from hiring me.

Question: [deleted]

Answer:
 This is when you call an actual lawyer on Monday morning. This sounds like actual defamation with a paper trail especially if you never were tasked to take a drug test.Answer #2: Wow. He actually put that in writing? The lawyer that you're getting on Monday is going to love that.Answer #3: One thing to consider is you're going to have to prove damages. If you got a better job out of this, that is not going to be an easy bar to meet.

Your former company does not have to allow you to take a drug test. You can legally fire someone for suspecting them of taking drugs.

Undoubtedly your former coworker will deny it and say someone else sent the email from his desk when he "accidently" left it logged in.

Whether or not the drugs were prescribed is not an issue because you most certainly can abuse prescription drugs.

So when you consult an attorney you're going to need to have some sort of game plan of what you want to achieve here.

Finally if you do sue your former employer and your industry is as close knit as you believe, you will earn yourself a very bad reputation at any other job. No one wants to hire someone who will potential sue them. Your new job may assure you it's fine that you took action against your old company but you can better believe someone will be thinking "Oh great we'll be next."


Title: Why don't tree removal services perform more due diligence?

Question:
In the midst of tree week on LA (and as a long-time fan of tree-related threads) I am consistently amazed at how easy it seems to be to convince tree removal services to cut down trees on private property. They seem to be willing to take anyone's word on what to do.

Given the extremely high dollar values and the, presumably, high liability rate, why don't tree removal services perform better due diligence when confirming that the person hiring them is the owner and has approved the work?

Answer:
 > why don't tree removal services perform better due diligence when confirming that the person hiring them is the owner and has approved the work?

Because the chances of anything like this happening are small.  Very small.  Very very very small.  Any company could do more to prevent this sort of occurrence, but the question is whether doing more is financially worth it.

Any organization tailors their actions to risk assessment.  Put simply, it doesn't make sense to take $1000 worth of action to prevent $100 worth of fraud.  You don't take the necessary steps to prevent 100% of fraud.  You figure out the price point between "losses due to fraud" and "money spent on fighting fraud".  If you spend more than you gain back, you've messed up.

Answer #2: This really is insane. My old neighbor did a lot of construction work and would go to the courthouse or tax assessors office (I forget which one) just to verify who owned the land before even starting work.

In my state it takes like two minutes for me to get online and see who owns a piece of property.

source: https://qpublic.schneidercorp.com/


Title: Got paid mucho Paid Time Off hours by accident. Did not realize it wasn't mine because of system setup.

Question:
1 year ago, I apparently was given 103 hours PTO (Paid time off), but these hours were not supposed to be given to me in the first place. I remember seeing this in the system at around 80 hours after I had used some. The issue is that I thought that they dumped the full 80 hours you get for the year (2 weeks vacation) all at once so I thought nothing about it. Now it is a year later, and they said that it was a flaw in the system and that I have 2 options...

1: I pay back 80+ hours over the course of the next few paid periods. (I get paid bi-weekly and have 3 kids. I would go without a paycheck for weeks on 13.50 an hour. I technically owe them around $1400  estimate.) I would be literally fucked for a month++.

2: I go negative -103 hours of PTO and do not get paid for a year+ worth of work and missed paid days because of the kids and my daughter has rheumatoid arthritis (8 years old). This is the only reason I use the paid days because of her flair-ups on her legs. I would get "pointed" any time an issue popped up. 5 points and you are out.

Not to be the sob story type, but the problem is that I live in Indiana and labor laws here are ridiculous to look at, but I work for a GLOBAL corporation worth billions. Trying to figure out a strategy on this...

TL;DR- I was given 103 hours of PTO last year that I thought was mine after working for a global company 1+ years. So I used it for the year with the kids and things. Now, the company said it was an error in their benefit dept and I should have never received that. Apparently the PTO increases gradually. Not all that once. Manager or nobody found this out until a year later and they want the money back when I thought that I got my 2 weeks paid up front (80 hours) or 2 weeks vacay.

Answer:
 Coworkers have been in this position and the company put them in PTO debt and the PTO they accrued from that point on just went to get the hours out of the negative. This is what #2 sounds like.

Given that there is no requirement for PTO at all, option #2 seems like the better choice. But also, apply for intermittent FMLA to protect your job. You won't get paid for time off to deal with medical issues, but you won't lose your job because of it either.


Title: My lawyer didn't show..

Question:
I am going to try and keep this short.

At the end of October 2015 I hired an attorney (found on google, good reviews, etc.) to represent me for a dissolution of marriage. My spouse and I have one child together.

I initially met my lawyer for a consultation, paid him $2500 for his retainer, as well as roughly $400 for filing and service fees. I was feeling really confident in his abilities, however, after awhile I did not hear from him so I called - no answer (several times), I left a few voicemails, and then finally was able to reach him. He told me these things take time, the judge has the paperwork, yadda yadda yadda..

FINALLY, at the end of December I received a letter from his office stating that we had a hearing to show cause for temporary relief scheduled for January 25, 2016 (today) and that they'd serve my ex-husband (or soon to be).

The past four weeks I asked my ex-husband several times if he'd received anything, he had been waiting for them, but nothing. I, knowing nothing about family law or its process, figured maybe this wasn't something he needed to be there for and that he'd be served AFTER the judge signed papers from this hearing.

I show up to court this morning and as 10a approaches I begin to worry because there is no sign of my lawyer. The clerk (I think that's what they're called) came and grabbed me and took me into the courtroom. She asked if my lawyer was coming and I told her I assumed so (that's what I paid him for afterall, right?). After 10 minutes of waiting, the woman went to speak to the judge and call my lawyer - no answer. I think this call prompted him, and he called me (10 mins after the hearing was set to start) and told me that he wouldn't make it because he was having "car troubles". He also let me know that after a month of attempting to serve my husband they were unable. "Tell the judge I'm not coming and that your spouse hasn't been served.. Call me back and let me know what he says."... Are you kidding me?

1. I feel like if they "can't find" my ex-husband at his home address, they should have contacted me a week or two in to provide them with a different address to try.
2. I feel like my lawyer should have informed me of alleged allusion from my ex husband.
3. If my lawyer KNEW that my ex husband hadn't been served and would not have been present at the scheduled hearing and that it would have to be extended, WHY did I not receive a phone call with that information, last week at the very least?
4. If my lawyer KNEW that the extension would need to be asked for, why could he have not went and represented me and explained the situation to the judge, instead of me, a single mother not receiving child support, missing work for this.
5. If my car was not working this morning, knowing I had this hearing, I would have taken the city bus or train, or called a cab, or asked a coworker to drive me. I feel like he had absolutely zero interest in being there or regard for ME, his client.
6. If he knew he was having car trouble, why was I informed TEN MINUTES AFTER THE HEARING STARTED, rather than even ten minutes prior? He was coming from a distance of 30+ minutes, it's not like he lived down the street and decided last minute that he wouldn't be able to make it.

So now, there is a continuance, TWO MONTHS OUT. When I called my lawyer and let him know that I was very disappointed and upset he basically berated me. I plan to file a formal complaint with my state's bar office (Oregon) and I've already set up a meeting with a new attorney for this Friday.

I am just wondering, in firing my current lawyer, is that something I should do via written letter, or phone call? I'm not sure of the process, and I would like to get my $2500 retainer back.

Answer:
 By "report", /u/King_Posner means "report to the state bar".
Answer #2: Thanks for reporting him to the state bar. Lawyers like this are a disgrace to our profession, and the sooner the hammer of discipline is dropped on him the better - if he's screwed up your case, there are others he is screwing up on, too.


Title: Recently moved out of rented home but for some reason cannot receive security deposit.

Question:
Please note that this was me and my brother's first time moving out. <New Jersey>

My two ( lets say Charlie and Lisa) friends, brother and I all decided to move in a 2nd/3rd floor home through rent. (1st floor belongs to landlord during their own business hours).

Anyways we all split everything 4 way rent, utility and security deposit all the way from the beginning. We made sure that only one person (Charlie) would pay off the landlord in order to make it easy. So we gave Charlie our security deposit etc. After a year had passed,my brother and I had to move out once the lease was up because of financial reasons.

So this case is that Charlie and Lisa decided to stay and managed to nab two other people ( Lee and Lawrence)

Right now C and L are still at the place living with the two guys.
Just today we texted our landlord about our security deposit with no reply.
Then talked to Charlie about it and said that the landlord was holding onto it. He states that there was no good answer as to why the landlord was keeping it. And that he would suggest his two current roommates, Lawrence and Lee to pay us off in chunks. (weird)

I am planning to text the landlord again as to the reason why they aren't at least. its not a life threatening amount of money but I want to know why.

Could landlords keep the deposit without saying why,  or is Charlie not giving the entire picture here? Or could it be that since C and L are still living there we wouldn't receive it?

Purple txt is Charlie and White txt is me.

Picture of lease ( Security Deposit):
http://imgur.com/a/3CvXq

Pictures of my conversation with Charlie:
http://imgur.com/a/Go8Pm

Edit:

Update (in NJ for clarification)

So I am fully aware that the new tenants, Lee and Lawrence are responsible for their end of the security deposit.

However One is willing but 'broke'. The other one believes its a downright fact that they won't get their deposit back from the landlord after moving out. So he is very reluctant in being responsible for paying Me and my brother.
Charlie can't give up some of his money for them because of financial concerns.

Charlie, Charlie's Dad and the new tenants apparently had personal experiences that they never got their security deposits back period. as they claim.

Looks like the new tenants will not pay their end.

1. Is this issue essentially personal or legal?/

If I am unable to get my portion from the new tenants whatsoever, what is it that can be done?

Answer:
 hes keeping it because your roomates didnt move out.

you have to get your portion of the security fom the new roomates.


Title: [Virginia] Why got a ticket for having the wrong plates on her car. Officer cited the incorrect law and now they won't let her pay.

Question:
Preface this by stating that anything involving police, government buildings, and court rooms makes my wife extremely anxious, to the point that she disassociates. She was taken from her parents as a child and abused by the foster care system for a number of years. So we're trying to avoid actually going to her court date at all possible.

My wife got a ticket for not having the correct license plate on her car. She had the plates from the previous state on the car and the VA plates were in the car still (her fault, not trying to contest these charges). The issue is that the officer who wrote the ticket cited the wrong law on that ticket. Because of this the clerk can't post the ticket so we can pay it. We've been waiting nearly three months now to pay this ticket.

The clerk said that the officer must amend the ticket before she can pay for it. My wife asked if she could call the officer or go to the police department and get this taken care of, but the clerk said that is a breach of some law or something, "ex" something.

We had a few questions:

1. Could my wife contact a judge or someone to get this expedited?
2. The clerk said she would not need to go to her appointed court date if this is not updated by then. Is this true?
3. Is this legal? It seemed to me that if an officer says you broke a nonexistent law than you didn't break any law at all and so you can't be held accountable for it.
4. Is this something we should contact a lawyer over? The ticket is like $80, so I'm afraid that talking to a lawyer would be way more expensive than just paying the ticket.

Answer:
 She needs to go to court. They will probably amend or dismiss it at this time.

It's also possible they will extend the court date a few weeks to try and fix it.


Title: WV. fucked myself i think. probably don't have a chance, but i thought I'd ask just to make myself feel better. involuntary resignation from job.

Question:
It started when I was beginning to think about putting in my two weeks notice. Started talking to some coworkers about it who were also thinking about putting in their notice. I mentioned we should put in our notice together and try and get new jobs together. boss heard about it, accused me of organizing a walkout. denied it, then they made me fill out a incident report. come into work today find out they took that "voluntary" statement as my resignation.
Was my saying let's go find new jobs together considered, legally, as organizing a walkout? I'm assuming all their legal grounds are covered or else they wouldn't have done it but is there anything illegal about how it was gone about?

Answer: Something to keep in mind is that this may be -- for the purposes of unemployment -- considered a "quit in lieu of discharge". Dates are important. You will want to draw up a detailed timeline of when you notified the employer of your two week notice, and what day the employer told you not to come back. Those details are very, very important.


Title: Bought a House Two and a Half Years Ago

Question:
It was a flipped house, I bought it after it had been “renovated.” The house had been foreclosed on by the HOA, and sold at auction to the company who I purchased the house from.

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Today I received a letter from a lawyer representing the Federal National Mortgage Association who held a lien on the property. This letter was also sent to my current mortgage company. It states that the HOA falied to properly serve FNMA with its lawsuit, and as a result, the judgement as it pertains to FNMA is void, “resulting in FNMA’s Deed of Trust remaining on title.” Also that’s my original mortgage company’s (who has since sold it to my current) lien “is subordinate and subject to FNMA’s interest. “ FNMA has asked the lawyer to file a motion to vacate the judgement and sale as to FNMA.

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The letter asks for contact about resolving the matter out of court, to “unwind“ the HOA’s error. Where do I go from here? Do I need legal representation? Should I rely on my current mortgage holder to try and resolve this? I’ve never been in a position like this, so I’m just curious as to what to do.

Answer: Contact your title insurance right away. This is exactly what they are for.Answer #2: Did you purchase title insurance? That would be the first call you should make. After that a real estate attorney.


Title: I previously released my personality rights to my likeness and an interview I did for a published textbook, textbook publishing company now want further use my likeness for other products, want me to sign an updated release. What are my rights? (US/MA)

Question:
A few years ago I was interviewed and submitted a photo of myself to be used as part of a particular textbook. I signed a release at the time consenting for my likeness to be used by the publishing company. Recently, a rep for the textbook publishing company reached out to me requesting to use my interview for future products and wants me to sign an updated release form.

I know I have the right to flat out deny the use of my likeness in any further products by not signing the release, but I am wondering if I can consent to it's use in exchange for some type of compensation (monetarily, ideally) as this is a very large, well known textbook publishing company. Separate but related, I was never given an update on how my likeness was used in the previous publication, and would like to receive a copy of the textbook at no cost to me-- is this an appropriate request to make or will I be told to buy the textbook in order to see how I was represented? Finally, could I require that I am notified of how my likeness is being used and request a copy of each publication be sent to me free of charge as part of the terms for the release of my personality rights in this situation? MA, United States.

Any guidance on the matter would be greatly appreciated. I am willing to elaborate as necessary for clarity.

Answer: Someone wants something from you, a release. You are completely allowed to ask for something from them, the stuff you want. You may decline, they may decline.


Title: [NY] If my arrest was the direct result of my wife calling the police on me and now she completely regrets my arrest, is there a way to get the charges dropped/dismissed?

Question:
Caught a few class A criminal mischief charges on the day before Labor day (2 days ago) after a night of drinking with the wife. Argument turned mildly violent, she slapped me and was screaming in my face and i tried to quiet her because of the sleeping child in another room. She thought i was trying to choke her so she called the cops on me and off to jail i went.

She was belligerently drunk and would have never called the cops on me otherwise. She also told the police i tried to prevent her from calling the cops, which i did, because she was very drunk and could/should have been arrested as well considering there was a toddler in the house.

We still live together and have no plans for divorce, and this is the first incident of **anything close to this nature** in over 11 years together.

Question is, will the DA take into account that this was just an isolated night of stupid behavior on the part of two otherwise very responsible adults?

Is there anything i can do or mention when i call a lawyer regarding this? How important is her role in getting the charges dropped, if at all possible? We have already "made-up" over the events and both thoroughly regret what happened. There is a 100% chance that she would never testify against me in court.

What should I do?

edit: to all responding about drinking issues, please, it was a 3-day holiday weekend, as i previously stated this is completely out of the ordinary.

Answer: Abuse didn't suddenly not happen because the person who called the police regrets calling the police.  I'm not necessary saying you did anything, but she regretting calling the police is irrelevant. You need a criminal defense attorney if you've been charged with a crime. A domestic violence conviction can have repercussions for the rest of your life. And you should both get help for your alcohol problem. Getting drunk in a home with a small child is bad parenting.


Title: (FL) After a seminar/town meeting, an attendee is threatening to sue me and "ruin my name".

Question:
There was a local seminar/town meeting on the raising rates of malnutrition and hunger in the area. It's a wide spread part suburban part rural area so most of the problems stem from underemployment.

I'm a history teacher, I spoke about the historical impact of malnutrition, past vs modern rates and why we are suddenly experiencing such an uptick in things like scurvy  and pellagra not just here but around the country. I also spoke about traditional farming methods, how they can be used today in backyard gardens and the importance of diverse crops.

There were also dietician and nutritionists that spoke. At the end I had flyers out with a list of local farmers markets, co-ops(some will accept volunteer work as payment), places to get seeds, websites for gardening advice and my email if they have any questions.

Yesterday I got an email from a woman that says she was at the meeting and had a few questions so could I please give her my number. I gave her my work number and she called me.

She went on a rant about how horrible I am, how I discriminate against poor people(what?), how I have never been poor and don't know how hard it is(I have been, I've been dirt poor and I even mention that while I was speaking), the advice I have was dangerous and how dare I show the correlation between obesity and malnutrition(she insisted that they are opposites). She then threatened to sue me for spreading dangerous, discriminatory information and she threatened to ruin my name.

1. How likely is it that a judge will listen to her?

2. How do I make sure she never attends any seminar I speak at ever again?

3. If she decides to create a hate blog or something of that nature how would I get it taken down?

Answer:
 1. Not likely.

2. If these are open to the public, you can't.

3. Depends on what she's saying. People are allowed to express opinions.

She sounds crazy. I wouldn't worry about it. But you have some misconceptions about free speech. Answer #2: A lesson from Yellowstone:  don't feed the bears.

People like this get off on the attention.  Don't give it to her.  Ignore her the best you can.  If she files suit, you'll probably have to respond, but it's really unlikely that she will -- there's a big difference between threatening to sue and actually doing it.  Filing a lawsuit is just a royal PITA, especially once you get out of small claims court and start involving lawyers.Answer #3: Crazy people attend municipal meetings.

She has no legal claim and this will never get into court.

If these meetings are public, you can't really do anything to prevent her from attending unless she somehow harasses you to the point of getting something like a restraining order against her.

Finally, she has a free speech right to make a blog about pretty much anything.  So long as it's not defamatory, there's not much you can do about it.


Title: Why is it illegal to run a sweepstakes company?

Question:
NJ, USA

Let's say I'm giving away 1 55" 4k Samsung TV that costs $1,000

I set up a sweepstakes that you can buy $1 ticket for $1, buy many tickets as you want.

I earn $1,300 from entries so $300 gross profit than $100 in expenses (running website, shipping, etc.) End up with $200 profit.

Obviously I set end of entry date & winner announcement date. So there is Risk me of lossing out if I don't get more $1,100 in revenue.

A winning is chosen by simple program. With code available to public.

---

Why is this online business illegal?

Answer:
 In general, if you require consideration (payment) for entry for a game of chance, it becomes a lottery, and thus illegal. Sweepstakes, by themselves, are perfectly, fine, as are contests, but what you are describing up there is a lottery. Answer #2: > Why is this online business illegal?

The government has decided only they can run such a scam


Title: San Francisco Company refuses to pay my friend in Brazil

Question:
My friend in Brazil is a Web Developer who has done contract work for a San Francisco company that now refuses to pay what's owed. There were a few contracts signed with the agreed upon rates, but this doesn't seem to convince them that they need to pay for the work. They originally argued that he spent too much time, even though he was asked to work full-time for two months.

Another part of this fight is with my friend's SO who also did design work for the company. They agreed upon a rate and have refused to pay as they said she had spent too much time, as well as wasn't as experienced as they though.

My main question here is: What options does my friend have as a foreigner for collecting his money?

Additionally: Who should he be in contact with to get the ball rolling on this?

I've made the suggestion that we print the contracts, highlight relevant information in them, have a summary of what's owed, and that it needs to be paid in X amount of days or a lawyer will be involved. Not sure if this is the right idea though.

Let me know if there is anymore info that I should provide.

Thank you!

Answer:
 Hi guys, I'm the friend from Brazil. Further details:

Both me and my SO have about 4 different contracts (each) signed by us and the CEO of the San Francisco company.

After submitting my time report, they said all was good (please note that this is the pay regarding what I worked in May) but they haven't paid yet.

For my SO, they signed her hourly and we were both informed that we could work fulltime (that's up to 10h a day). After she worked 200h for them, their CEO said that they wouldn't be paying her in full because her social media + branding design (she is an UI Designer) wasn't a Senior level. Her contract states the hourly rate for all kinds of design that she did, and yet they want to pay half.

We refused local work while working for them because being paid in dollars is something incredible since our currency is weak, and now we are out of payment for two months, credit cards blocked and unable to pay for our University monthly fee, risking being expelled/blocked from attending classes.

I have explained throughly through email for the CEO that she signed at the specified hourly rate, but she still doesn't "think it's fair" to pay in full. How do we proceed?


Title: I want to file a medical malpractice suit against my hernia surgeon [AR]. How do I find medical experts or other hernia surgeons that will testify what he did was malpractice? NSFW

Question:
Do I just start making appointments with other hernia surgeons?  How do I get somebody to explain to a lawyer what he did was wrong?

The surgeon performed a resection and excision of my cremaster muscle during the hernia operation.  This goes 100% against the Lichtenstein hernia repair method he claims he followed.

He did not tell me he was doing it ahead of time, and only told me a month later when I complained about my testicle.

He told me that since I had had a vasectomy that the cremaster muscle 'didn't matter'.  I beg to differ.  It is not his place to determine whether a muscle matters or not, that is up to ME.  I am in ongoing pain and severe emotional distress.

He would not have removed the muscle in an intact male.  It is totally unnecessary and it made his job easier just to cut it out.

The cremaster muscle raises and lowers your testicle.  You don't realize how often your body does this until it is GONE.

'turn your head and cough' it is that muscle.

Im also seeking info from other hernia patients or surgeons whether this is normal.

I am not asking for medical advice please don't delete because of that, just other patient experiences and legal opinions, thanks.

I've already contacted lawyers but they didn't know if that was normal or not and it didn't go anywhere.  I need proof that is not a normal part of the procedure.

Answer:
 >I need proof that is not a normal part of the procedure.

Then you will need to contact an independent GI surgeon and pay for a medical review of your claim and see if he's willing to say, to a reasonable degree of medical certainty, that your hernia surgeon employed techniques not reasonable or necessary with re: to your hernia repair. You have a nonzero chance of this happening (as in, 0.000000...001%). A medical malpractice firm will work with doctors who they can consult with and know if you have a case or not.

no one here is going to be providing you with you're looking for, nor has the ability to. You're more than welcome to call around to multiple medmal attorneys for opinions.


Title: A cop sees a car with people inside parked for a while. Do they have any reason at all to suspect illegal activity?

Question: Illegal activity like drugs or alcohol.

Answer:
 Where are they parked?  At what time of day?

In order to contact someone and detain them, the burden of proof is "reasonable suspicion" of illegal activity.

If you're parked in a deserted parking lot behind a closed business at 1:00 AM, then I'd say that it's reasonable to be suspicious of illegal activity.  If you're sitting in your car at noon on a Wal-Mart parking lot, talking on your phone, then that by itself does not likely meet the burden.Answer #2: There are many reasons why a cop may check a car that has nothing to do with illegal activity.  One that pops in my head right off the bat is to make sure that everyone is okay.  Hell on r/legaladvice recently someone posted about their father being left in a parking lot for two days and no one noticed.  Answer #3: College campus, at night, sitting in a car for an extended period of time? Sounds totally dodgy to me.


Title: I just got a speeding ticket, but the circumstances were iffy. Can anyone tell me if I should fight it. (California)

Question:
The Story:

I was pulled over at night for going 61 in a 40 zone in California. The thing about that is: the light on my speedometer is out so I couldn't see my speed, I didn't see any signs posted, nor were there any cars around that I could just my speed off of.

My Question:

I was wondering if those excuses would hold up in court.
If so should I plead not guilty?
If they wouldn't I received advice from a friend to plead no contest to get the court date extended and hope the cop doesn't show.

Thanks for the advice in advance.

Answer:
 >The thing about that is: the light on my speedometer is out so I couldn't see my speed

IANAL, but that looks like you're asking for a failure to maintain equipment charge on top of the speeding.Answer #2: >I was wondering if those excuses would hold up in court.

No

>If so should I plead not guilty?

That's up to you.

>If they wouldn't I received advice from a friend to plead no contest to get the court date extended and hope the cop doesn't show.

Police get paid to go to court. Sometimes they get overtime to go to court. Why would you think they wouldn't show up? It's money for sitting around.


Title: [San Francisco CA] Had argument with roommate, came back to find laptop smashed to pieces.

Question:
[Update posted here: things escalated, am scared.](https://www.reddit.com/r/legaladvice/comments/6sbvka/update_san_francisco_ca_had_argument_with/)

**TL;DR : Had an argument with a roommate, P, and we think she/her boyfriend smashed two of our computers in response. All the other roommates were out until 1 came home and discovered it, P and her boyfriend Q were home the whole time.**
Edited post because all the initials made it complicated, sorry.

I have 4 roommates. The one in question is P who has a boyfriend Q who's not on the lease but is often over, we don't know him well.

Historically, all the other roommates have had arguments with P. Q has stepped in to argue for her as well. She's really awful to live with and has removed herself from the lease as of September.

Last night, 2 of the other roommates and myself went out at 7:15 pm with a couple of friends, and while we were waiting for an Uber complained loudly about P and how she was very hard to deal with and we were glad she's moving out. P overhears this from the window above and starts SCREAMING this tirade against all of us, our friends are witness to this. We roll our eyes and leave by Uber. We get a lot of texts though the night from P saying 'you should be ashamed of yourself, you're the bad roommate etc'. At around 10:30 PM our last roommate calls us to come home sounding shaken.

We come home, my work laptop is smashed to pieces and my other roommates personal is bent and broken. There's a huge gash on my wall the size of the laptop with a black mark where it looks like it was smashed.

Basically all the roommates were out until 1 came home and discovered it, P and Q were home the whole time. We call the police who tell us it was a civil matter and file a report. I feel unsafe in my own house and furious that 2 $2000+ laptops were smashed. What can I do?

Answer:
 > What can I do?

A TL:DR would be nice. The entire alphabet of roommates is hard to follow.

If you want to recoup the cost of the laptop, you will need to sue in small claims court. This means that you will need to provide proof that the defendant was responsible for the loss.Answer #2: Go to small claims court and stop expecting people to follow a million initials in complicated stories.


Title: [TX] Same Sex Common Law Marriage in Texas?

Question:
The facts:

I am my father's only child, sole heir.  He and his partner have been living together in a shared household for 25 years. 20 of those years were in Kentucky, the past 5 in Texas.  My father's partner has no children.

The questions:

Are they or will they eventually be considered common law married in Texas now that same-sex marriage is legal?  If so, I assume his partner becomes his next of kin and beneficiary in the event of his death, and vice versa.  Also, would I, the adult only-child also be the heir to my father's partner's estate if both of them are deceased?

Answer:
 The obvious way to handle this, and it's especially important for same sex couples (while the law matures around it), but is true for everyone, is a well-written will, drafted by an attorney with familiarity with all of the relevant issues.

You can't completely predict what a court may do with common law marriage and probate.  Your father and his partner should eliminate the concern by leaving clear instructions.


Title: Sent an email to lawyer to find out if I had a case. No cost was discussed, now I have a bill?

Question:
TL;DR Sent an email to lawyer about property dispute to find out if I had a case. No cost was discussed, now I have a bill?

I sent a detailed email full of facts on a boundary issue I am having, to a lawyer via email . Though the email was long, it was mostly full of facts, not questions, and I specifically asked how to stop the construction of a retaining wall. The lawyer I sent the email to, forwarded it to her partner who is a litigator. I was not asking legal advice persey, I was looking for a way to stop the wall construction. 2 weeks later, the partner read my email, asking for an update on the situation. I provided the update along with research I had done on titles with supporting documentation. The partner agreed with my interpretation of my documents and recommend that I file a title insurance claim. I had already filed a claim but it was nice to hear that he agreed with me. He didn't talk about the wall but asked me to send a copy of my title insurance policy.

In a response email, I provided a couple more documents I did ask the lawyer a question about overlapping deeds (deeds that appear to claim the same section of land), but I consider it part of the general case of "this is my land" case and not a separate legal advice question. I also asked if legal costs were normally covered by title insurance. He responded to my question and said that a title investigation from my title insurance needs to be done. I intepretated this to mean that he couldn't help me and that I should let the title insurance do its thing.

Cost was never discussed and certainly no agreement to retain was ever made in my email communications.  In addition, this lawyer is listed on Avvo has having free consultations.

Now I'm receiving a bill, for $180 for "legal services" (35 min) I have already tried contacting them and asked why I was receiving a bill and they replied with "You’re being billed because you retained an attorney, requested legal advice, and received it." I never agreed to hire or retain or pay anything, and they certainly didn't disclosed any costs. I understand that reading, writing emails is typically billable but when no cost is discussed, and I only received two emails on the issue from the lawyer, I think its reasonable for me to expect it was a consultation.

Answer:
 what? You thought they were just giving advice out of the goodness of their hearts....

1. Attorneys don't have hearts
2. By contacting them and asking for their advice or counsel about a matter constitutes you hiring them for legal services.
3. Did you even ask them how much it would cost to review?
4. You are lucky that you got that much out of them for only $180. Other places in the US, it could of easily run into the thousands.Answer #2: > I never agreed to hire or retain or pay anything

You should never, ever ever ever presume that professionals work for free.

You asked for legal help from a legal professional, and you pay for that.  Like literally any other professional.  You can try to negotiate the price, if you want, but that's overall a very reasonable number.


Title: Roommate won't leave

Question:
So basically I live with my boyfriend and our roommate in California. Our roommate dropped the bomb on us a few days ago that he would be leaving in a month. We all went to our landlord to talk about it and make sure we could just stay here. My boyfriend is the primary leaser, and not wanting to have anyone's credit hurt, she said we could leave him on. But he basically gave her 30 days notice. However, now that we are trying to move his stuff out and get him out because he isn't paying anything, he is screaming at us that he is still on the lease. That is true, but I thought giving a landlord notice you were leaving would hold up. He is now saying he is going to stay until he finds a place, which could be god knows when. We can't live with him much longer to be honest, for our sanity. So please let me know if there's any advice or what we should say to our landlord next. I don't think we can forcibly take him off the lease.
Topic:
Douche

Answer:
 If he's on the lease, you can't do anything.  The landlord can evict him.

He still has to pay rent.  If he does not, cover his share and sue him for the balance.


Title: Do I have a Wrongful Termination case? My coworkers seem to think so...

Question:
Hello everyone,

just got terminated from my first job and believe I may have a case for wrongful termination.

I was a management consultant at a smaller consulting firm (~150 people), founded by Germans. The story begins in January of this year. At this time, I was staffed on a difficult turnaround project. I was allowed to work alongside a veteran finance contractor, assisting him and trying to soak up everything he said. I have an engineering background, so I was mainly learning as opposed to consulting. So additionally, I spent a lot of my time working on an inventory analysis.

During the mean time, the guy who secured the project, let’s call him Ed, would intermittently stop by, maybe once a week. He had some major ego dysfunctions, and would always act like whatever we were doing wasn’t good enough and we should be doing it his way blah blah blah. Everyone just tried to ignore him while he went on these tirades, and it made sense, because things were going fine, client was happy, no evidence of negative feedback, etc. The ship was sailing smoothly

But then one day Ed started attacking me for not having said inventory analysis completed. He didn’t understand my complicated excel formulas, and he proceeded to show me how he did it. It was an objectively poorer way, and it was clear he just didn’t understand excel that well. Either way, I took it in stride and continued forward. He said he wanted to see me the next day with an updated analysis. Cool.

Next day comes; I’m in an all day meeting with the finance contractor. He eventually goes on some tangent about personality profiling, so I take this opportunity to review my work Ed. We meet, chat, he’s happy, all is fine, then I grab some lunch.

Come back from lunch, and Ed’s pissed. He proceeds to berate me about how I walked out of a critical meeting to reassess my analysis, visibly upset. Here’s where I sort of snap, explaining how I had no other choice (Ed was leaving that day so I couldn’t reschedule, it was an all day meeting so walking out was unavoidable) and how there’s no basis for this verbal assault, nor any other verbal assaults he’s enacted on my colleagues. He tells me to relax and say everything will be fine, asserting I’m misinterpreting his remarks.

Next day, my immediate manager sits me down for a one on one meeting. Let’s say his name is Jim. Jim says due to performance reasons, we’re transferring you off the project. I essentially say that’s bullshit, I know it’s because of my disagreement with Ed, and I’m going to call the CEO. Jim reasons with me, saying Ed is buddy-buddy with the CEO (both ex-pats from Germany) and for this reason, and the fact that I’m a new hire, he won’t value my words over his. He says if I were to turn this into a conflict, I’d lose my job, and it’s best to just forget about this whole experience and move on.

Against my emotions, I side with him, and pack my bags.

I meet with our CEO, say I lost my focus, found myself in a place where I wasn’t adding value to the client, and I understand my removal. CEO is appreciative of me meeting to reflect with him, and tells me the main reason I was removed was because of client interactions. Surprised, I ask for a specific instance. He recalls a story Ed told him, of where l tried to crack a joke in front of the clients and it was unprofessional. For the record, this did happen, and it was a great joke, and the client laughed. Completely forgettable experience, but apparently Ed used this as leverage to get me pulled off the project. Inside, I’m both laughing and fuming.

Regardless, our CEO says he expects improvement, especially in this area of client interactions. I say sounds good, and I’m on to the next project.

----------------

From February to September I’m on 2 projects. First one I have written positive feedback from client, extension give. Second one I lead the core team, help present the final presentation, make 80% of the slides, and the client loved it. I get a $3500 raise in the final week of October 2016 and receive 100% of my performance-based bonus.

Things are going well.

-----------------

But in October I get assigned a project consisting of modularizing a company’s product lines. Requires knowledge of circuitry, software architecture, microcontrollers, and other electronics.

I have an industrial engineering degree. This is not my wheelhouse.

So a few weeks pass, I’m trying my best, and my manager says they’ll be making staffing changes. I set up a meeting with her and she tells me there is a recent hire with 15 years experience in these topics, and they’ll be swapping me out with him. I told her it makes total sense to me, I’d do the same if I were you. Just a skill set mismatch.

During this substitution, there is a company reorganization, and I’m placed back into Jim’s group. This reorganization also gave Jim and Ed a lot more power within the company.

I get a meeting invite from Jim, where he terminates me on a basis of performance. I tell him about how I crushed my previous 2 projects, got a raise 2 weeks ago, 100% of my variable, etc. He says what about your third project? I say it was a skill set mismatch, he says it’s performance related.

At this point I noticed something. He felt bad. He was taking deep breaths and sighing every time he spoke, as if he didn’t want to do this.

Ed continues, assuring me he’s going to direct recruiters to me and even write me a letter of recommendation.

What the fuck? If you recommend me why are you terminating me?

I say this, he says it’s just time for us to part ways.

I have no severance.
My pay ends that day.
I’m asked to handover my phone and laptop and leave immediately.

Many of my coworkers then reach out to me, saying this is BS, this company is going to hell, etc.

But I’m just wondering if I got a case here.

TL;DR:
Worked in consulting, confronted a bad manager, got removed from a project. Asked to improve by CEO, nailed next 2 projects, get subbed out of third in first month due to skill set mismatch. Bad manager gets more power in company, I get immediately terminated with no severance.

Appreciate your time, let me know if you have any additional questions!

Answer: Assuming you're in the US, no, you have no case here.


Title: Husband is trying to take my money

Question:
A little background, my husband and I have had a rocky past couple of years. I caught him, cheating, lying, drinking (he was court ordered AA a few years ago), and spending in excess. He cleared out our daughter's college savings account and ran his credit cards through the roof. During this time I was in nursing school, worked, kept my finances in order and paid for the majority of my schooling on my own, minimal student loans. I also settled a lawsuit for a car accident resulting in me needing surgery for one of my injuries. I tried to leave and he begged me not too. I did counseling and everything to try and keep our family together.

Well, I'm literally less than a week out of my graduation and he's talking to other women, telling them that he's in the process of divorce. Has become extremely mentally and emotionally abusive, he has only threatened physical abuse. I told him I was going to leave and he basically told me good, that he was waiting for me to be out of school. He told me he would take me for everything since I will be making a salary comparable to his, he would go after my settlement and give me my half of his debt. I'm scared now, I'm scared at how hard I have worked to keep my finances in order and hurt that working on this marriage was apparently a ploy to keep me until I got my settlement (received it this August) and get into a better job.

I have made an appointment with a divorce lawyer, but she can not get me in until January 7th, alright with me I need to get things in order. Is there anything I should do with my settlement to keep it from him? It's already in an account he cannot access. He is also in the process of trying to file bankruptcy. I received 68K after most everything was settled and am expecting around 5-10k more. I have 28k left as I paid off his car and mine broke down so I needed to purchase a new one, I put down 10k on it.

I am sorry for the rambling and probably excess information but what can I do without getting in trouble? Should I keep paying house payments? It is in his name alone and he said he will use that to his advantage however he can. Should I put all that money towards bills and where ever else to keep it from just sitting there for his taking? Can I invest it to keep it "safe?" What can I do to watch out for myself and not get in legal trouble?

Answer:
 You're married, any income or assets earned during the course of the marriage are generally considered to be marital assets.  That means they will be split when you divorce.

There are some exceptions.  Your settlement *may* be protected, depending on what losses it was intended to compensate.  His debt *may* not be divided evenly with you, depending on how it was acquired and why he acquired the debt.

Attempting to hide assets in order to prevent a complete accounting or prevent your husband from receiving his fair share of the marital assets is a very bad idea.

Your lawyer can give you more specific advice.


Title: (California) Neighbor threatening to sue over goods stolen due to my mistake

Question:
A few weeks ago, somebody broke into my garage, which I left unlocked. The spring on the garage broke, and I hadn't been able to fix it. I had been leaving it unlocked for a few weeks. They jumped the partition into my neighbors garage, and stole a bike, some luggage, some clothes, etc. The neighbor filed a police report. I spoke with him and offered to help "if I can," and immediately bought a lock to the garage, and have been keeping it locked since. This evening, the neighbor knocked on my door, and claimed I had left the door unlocked, that he was "planning on being cool about it" but that he "flipped his lid" when he saw it unlocked (I went down to check if it was un-locked, it wasn't). He handed me a folder with a letter saying that if i didn't pay him $2800 within 30 days, he would take me to small claims court and  sue for the full amount. He provided a list of what he was owed, along with a photo of each item, and a photo that allegedly shows my door unlocked (not clear that it does, it was locked when I went to check it, though it is possible it wasn't locked correctly this morning). I don't have $2800, as I have been un-employed since March, and am only just recently starting a new job.

So... Does he actually have a case? I would actually like to help pay for the items (as I offered previously), but am now concerned, because I can't come up with that amount of money in 30 days...

Thanks for any advice.

Edit: He is threatening to sue me for what he says is the FULL value of the goods, which is $4800, if I don't pay him $2800 in thirty days. Also, I don't believe that the garage was unlocked when he photographed it. It was lucked when I went down there, and it would have been very easy to photograph it showing it unlocked, if it were. The photograph he gave me doesn't show anything...

Answer: You are not responsible for the criminal acts of others. Answer #2: Do you have homeowners or renters insurance?


Title: Grandparents suing and threatening my Family [WA]

Question:
I live in Washington state, I'm 21 years old and live with my parents and younger brothers.

My parents had a falling out with two of my grandparents. They came to our house twice and demanded guns they had gifted to my dad back. I called the police the second time and there is a police report for a domestic disturbance.
Now my grandfather is suing my dad in small claims court for $5000.

The day after the papers were served against my dad, we discovered a voicemail on my dad's phone from last year when the falling out occurred where my step grandmother says the following,

"your wife has got the next thing coming to her... I will kick her ass into Sunday and I've got the money to pay my way out of it... She's gonna be the next one to hurt... I'm after her and I will get her too... The fucking bitch is dead... I'll bring her insides in a goddamn heartbeat... Somebody needs to bust that big-ass mouth of hers... I'll stand toe-to-toe with that bitch."

The grandmother is an alcoholic and high on prescription drugs all the time.

My parents are reluctant to go to the police while the suit is still going on. We've been sitting on this for a month. I'm not comfortable with this.

I'm planning on contacting the police. What are our chances of getting a restraining order due to that voicemail? Does that voicemail constitute harassment? Is there any precautions I can take to help keep my family safe? Do you think this will get very far if I'm the only one working on it?

Links

Telephone Harassment Law: http://app.leg.wa.gov/rcw/default.aspx?cite=9.61.230

Domestic Violence Definitions: http://app.leg.wa.gov/RCW/default.aspx?cite=26.50.010

Guidelines for Domestic Violence and Antiharassment Orders: https://www.courts.wa.gov/dv/DVP3.pdf

Answer:
 That voicemail technically could warrant felony harassment charges due to the threats of death/physical harm. Though, getting a no-contact order because of that one VM might be a stretch since it was last year, and I'm assuming hasn't been repetitive? Pending domestic assault charges, stalking, repetitive harassment are the types of things that usually result in successful NCOs.

Though, I would certainly forward that voicemail to the police. While it may not be enough for the police to file charges or to get a NCO right off the bat, it will certainly help if any harassment continues. It's possible they could file a harassment charge, but one incoherent, rambling, threatening voicemail from a boozed up Grandma from a year ago likely won't result in charges IMO.

To protect your family, document everything, call the police if they show up or make any more verbal/physical threats. Make sure your parents show up to the small claims suit regardless of how frivolous it may be.Answer #2: Why would your parents not go to the police because you have a civil matter pending?  Report this to the police.  As far as the TRO, I am not sure about WA.  There might have to be a history of violence, not a verbal threat.


Title: A class mate stole some cash from me. But I can't prove it.

Question:
I'm in British Columbia, Canada. Wednesday morning I withdrew 200$ from an atm to pay student fee's. During 3rd and 4th period I had my wallet with 125$ in my backpack in my classroom. Class mates saw me put the wallet in the bag. We are an apprenticeship class and we often go back and forth between the apprenticeship tent and the classroom that is right next to it, thus we leave the back door open. Any of the other 14 students could have taken it. One student in particular I highly suspect took it. Some other classmates agree that it was probably him. But we can't prove it. I suspect him because I've seen him taking 1/8'' thick 8'' long steel bars from the apprenticeship tent and saying he was gonna make some knifes from the steel. He's a super sketchy wannabe gangster kind of guy. i'd be surprised if it wasn't him. I've brought this up with the instructor and the school principal and they can't do anything about it. Due to the backdoor being open they suspect that a random stranger walked in and took the cash. that is a possibility but students are going in and out all the time. As well the stranger would need to know which pocket on which bag to look into to find the wallet and my bag is on the far left of the second of four rows of desks, my desk is diagonal to the door. Due to my high suspicion I'm going to take matters into my own hands if the authorities can't get my money back. I'm trained in MMA so I can give him a total ass-wooping, but I'm not gonna do that because I need to spend 4 more months with him. I'm just gonna hurt him a bit until he surrenders under the pain and give me my money back. The responses I have on this post by tomorrow morning will determine whether I take matters into my own hands or not. Its not ideal to do it myself, but he's more than likely gonna blow all the cash this weekend. i'm sincerely thankful of the help from you guys, thanks.

Update: Made the guy submit via Kimura Lock. He agreed that he took the cash and gave it all back + "interest" so I don't notify the authorities so he doesn't get booted from the program.

Answer:
 You're going places, kid.... They're not good places, but you're going.

Please wear a Tap Out shirt when you do it and make sure someone is taking a video.

Also, DON'T. DO. THAT.


Title: Sister uses our family's joint bank account as her own "personal" account and constantly overdraws it, leaving mom and I with a negative balance. What can I do to get out of it if she's unwilling to sign off on papers to take me off?

Question:
Dad passed away several years ago and left my mom, sister and I to a trust account. We had to set up a joint bank account with all our three names in order to receive money from other accounts/CDs, etc that were also under the "trust".

For the first few years, things were going well where most of the money from the trust went towards paying off mom's house mortgage, bills, etc. My mom doesn't work and never has (came here from Thailand when she married so english is her 2nd language) so this is her only current main source of income. We get a sum of money transferred into this account per month which is just enough to cover the mortgage of the house my mom lives in that dad owned, her bills and utilities, other expenses like water/sewage/insurance/car repairs...the basics, basically.

Fast forward to this past year, my sister has been going through a bunch of shitty job situations but refuses to move to a place with lower rent or lower any of her spending. She's been using our joint trust account as her "personal" account since at one point her wallet was stolen and she had to close another account she had. However, she's been constantly overdrawing funds and unfortunately the way our account is set up, the funds will keep overdrafting despite there being no money in the account if its "electronic" because the bank will cover it but charge overdraft fees. We were paying our house mortgage & bills and my mom's groceries and necessities from this account but my sister has never paid any of it back. My mom, sis and I live on separate ends of the country (Mom and sis live in Oregon on opposite ends of I-5, I in Rhode Island) so we aren't able to sign for anything easily and my sister refuses to sign for anything to take our names off of this account.

Is there anything that I can do to get my name (and even my mom's name) taken off of this account? What could potentially happen if we keep our names on this account yet the account balance on this account is always negative? (PS I have my own bank accounts and things on the side and support myself with my job and never have had to dip into the trust money - the purpose of it is supposed to be to help pay off the house and to support my mom for the most part but my sister is spending it all without care).

Answer: talk to the trustee and ask for your disbursements to go to. new account. have mom do the same.


Title: (PA) Fired after 4 days of work because I failed my pre-hire drug test. What are my rights?

Question:
Here's how my situation has gone down.

I interviewed for a position with a Higher Education institution. Within a few days I got a job offer. They told me a drug test was necessary and I told them that I took some medication which might cause a false positive. They told me to discuss with the doctor at the time of the drug test. I started work the same day I took my drug test and physical. AFTER I did the drug test, I received my offer letter which listed my options for drug testing(which I was unaware of until after the fact).  I started employment 3 days after receiving my offer.

I worked for 4 days with no issues. That friday at the end of the day I was told that because I failed the drug test, this would be my last day of employment.

Is this legal? What are my legal options? I would hate to take this to litigation or mediation. I am just interested in keeping my job. Can I get some advice?

Edit: Just an update. I was able to get a note from a physician proving the medications I'd already taken. I should be back at work by the end of the week.
Topic:
Labor Law

Answer:
 > Is this legal?

employment can be contingent on a drug screen. they can let you start before the screen comes back, and fire you immediately when the results come in.

start hunting.Answer #2: Did you actually discuss your medications with the drug testing facility? Answer #3: Most of the advice here doesn't sound right at all. You're basically saying that you were fired because the drug test showed that you are on medication for a medical condition that does not affect your ability to do your job? This screams illegal to me.

I'm NAL, usually stick to other questions that come up, but I wanted to point out that this doesn't add up to me.


Title: Almost a year past my father's death, still no copy of the will in the mail.

Question:
Not sure if this is the right place for this, but I'm at a loss as to what to do. I know that my father listed me as one of the beneficiaries of his will, and it's been almost a year since he's past, no will in the mail. Every time I call his attorney, he gives me a bullshit excuse ( "we've had email problems", or, "My secretary..."). I also don't know if there is an amount of time where I am supposed to see the benefits of his estate or not, also, I am 1,500 miles away. His girlfriend is the executor of his will, and I rarely hear from her. I called and had the attorney and told him to write down my address (email problems?), he said he'll mail it out first thing tomorrow. I'll remind him again tomorrow.
* I live in NC, he died in IL

Answer: Call his office and tell them that if you don't have a copy of the will by the end of the day, you're going to file an official complaint with his state bar, and you're going to pursue legal action against him.


Title: My buddy just passed the bar and I'm looking for a short, funny law related quip to put on a customized golf ball

Question: My only thoughts are "Lawyer up" but I'm not sure that makes sense considering his situation. Any thoughts?

Answer:
 Lying Under Oak

9-Iron Clad Agreement

Elin Woods' Divorce Attorney

L'Eagle Advice

HeretoFORE!!!

Alleged Hole In OneAnswer #2: "Above the law" "I'm a lawyer" "I object" "[your state] Bar Exam 2018"

"Lawyer up" makes sense too.


Title: Landlord taking security deposit for pressure washing house

Question:
I have a question regarding if a landlord in NC can take money from my security deposit to have a house that we rented from them pressure washed. The lease we signed, on page 22, states that the landlord is responsible for maintenance and repair of exterior siding and paint. I would think cleaning the house exterior would be part of that. I complied with the other parts of the lease, such as having the carpet professionally cleaned with receipt, fixing and painting over anything we hung up on the walls, replacing light bulbs, etc. Even mowed on our last day there so they wouldn't charge us for landscaping.
 Nowhere did it say we have to pressure wash the house. They subtracted an even $200.00 out of our security deposit for it, which makes me believe they just rounded up and didn't even pay $200 themselves. I dont believe I should be charged for years of dirt on the house when they finally decided to pressure wash it at the exit of my occupancy.

Thank you for any help!

Answer:
 Pressure washing the house sounds like it's beyond the scope of your lease, and most logic. I'd start with sending them a demand letter, stating the landlord if responsible for maintenance of the siding. Then tell them to return your $200 within 2 weeks.

If they don't, your option is to take them to small claims court and sue for the $200 + filing fees.


Title: A pizza delivery driver for a corporate chain got my number from their online service to hit on me.

Question:
It was a carry out order and when I got home I saw I had a missed call. When I called it back, the person on the other end proceeded to ask me, “Are you (insert full name here)?” And “if I enjoyed the pizza” and started harassing me and telling me I was beautiful and wanted to take me out to dinner and that if I ever changed my mind that I could call him since I now had his number.

I’ve contacted their customer service and the manager of the store called me on the 11th of May to state there would be an investigation, but the manager oddly sounded like the person who called me.

It’s now the 20th and a week has gone by with no contact.

What should my next steps be if this issue isn’t resolved? It’s extremely unnerving to know someone could potentially have ways to contact me without my consent...

Answer:
 Contact the corporate office tell them what you suspect about the manager being the culprit.Answer #2: Make a complaint to the corporate office, or on their webpage. Did you get the creepers name?? The police won’t care, but the district manager will have a cow!! (I worked at a video store once and an employee did this, it was a very big deal)Answer #3: This sucks, and I'm sorry it happened, but (thankfully) this hasn't yet escalated to the point of being illegal. If the person ever contacts you again, you can report them to the police, but generally speaking harassment charges would require repeated contact. A one-time thing won't be enough for the police to be able to do anything about it.Answer #4: Call another store and ask for the contact information for the district or regional manager. You may need to tell them you're being harassed by an employee from another store who is being protected, after violating company policy to obtain your phone number.

They should give it to you immediately, if they don't call another store and try again.Answer #5: After what you've done so far you should be good to go. In the meantime, block their number and if they attempt to reach you again then ask/do something. A one off doesn't necessarily warrant any concern and the police most likely would brush it off for more important things.Answer #6: You didn't state the company or how it was ordered, but the other issue I'm not seeing being mentioned is the possibility that this guy does have your home address also.


Title: Landlord left rat poison in my apartment without telling me, cat ate it. Do I have any claim for repayment of vet bills?

Question: I just moved into a new apartment in Wisconsin. I found my cat had managed to get inside an open area of the kitchen counter via a loose trimming panel, there was also an open container of rat poison in this area. My cats are on my lease so my landlord knew I had him but didn't inform me that they used rat poison in the apartments. Do I have a claim to have my landlord pay for vet bills?

Answer:
 Are you sure the landlord knew the rat poison was there -as opposed to, say, it being placed and left by a previous tennant?Answer #2: Wisconsin is a one party consent state for recording, so you can record the conversation for evidence.  How well you can get your LL to confess is up to you.  I'd probably shoot for something like this:

You: "It's a fantastic apartment!  Everything's going great!"

LL: "Oh good, glad you like it..."

Blah blah all positive chit chat

You: "Oh.. there are some containers under the kitchen counter, do you know what they are?"

LL: "Oh yeah... that's rat poison.  You can dump those."

You: "Oh good.  Was there a rat problem?  Should I be worried?"

LL:  "Not really, I just wanted to be sure, proactive you know?"

You:  "Oh ok.  I don't know anything about it.  Where do you buy these things?"

LL:  "Home depot."

Etc.


Title: I got arrested a few weeks ago and now lawyers are sending letters to my house.

Question:
I haven't spoken with any lawyers, I haven't shared my arrest information with anyone. How did they even know what I was arrested for let alone my home address to send mail to. This seems like a serious break in privacy. How do these people know who I am or what I did to get arrested and how did they find my home address? Is this legal?

Edit:Metro Atlanta

Answer:
 Arrest records are often public.

Try getting a speeding ticket sometime. I got like 14 letters 3 days later.


Title: [AL] Coworker attempted suicide in front of clients and returned to work the following week. Legally can they be fired?

Question:
I work in Alabama and my job has been dealing with a coworker with multiple problems. My supervisors have been unable to take action for fear of violating FMLA. Recently, this employee intentionally overdosed in front of multiple clients (children) but was able to return to work the following week. Does ADA require my work to continue to employ this person? Myself and other coworkers have a deep concern for client safety and care with the employees return but are unsure of our rights in the workplace based on the employee's ADA protection.

Edit: thank you to everyone who took time to read and answer my questions. I know your ability to give an opinion is limited because of a lack of detail but I am trying to still respect the individuals privacy. I cannot imagine the emotional state an individual must be in to resort to suicide so I hope they find some help and peace but I feel a definite duty to protect our clients and I wanted a better idea of our rights as coworkers before we approach our supervisors and risk creating even more tension at our workplace.

Answer:
 Your employer needs to hire an actual employment attorney to help them sort this out. It's quite a ways beyond what an internet forum can help with.

As for an actual answer, we'd need a lot more background information about employee and their employment relationship. Answer #2: Not a lawyer but

>intentionally overdosed in front of multiple clients (children)

particularly

>children

Drugs in the workplace where clients are children should give the employer lots of room to work with.Answer #3: Without a great deal more context you aren't going to get a good answer. Given only the very limited information you've provided here, it is unlikely this would be considered a reasonable accommodation.


Title: (UPDATE) TX - For two year my fiance filmed me nude and having sex with him without my consent

Question:
I was informed the police did a Search & Seizure.

Does anyone know how I can see the warrant? Is it public information? How long does a normal investigation like this take?

Answer:
 Considering the skant details you have provided "a short time to a very long time" is the answer.  What will happen to him depends on a number of factors like if ever distributed these videos and what he confesses to under police questioning. You will need to provide more information about what happened if you want an idea of what may happen.

Generally if this was your home as well you should be able to get a copy of the affidavit in support of the search warrant at the courthouse. Answer #2: Original thread https://www.reddit.com/r/legaladvice/comments/3d1l2w/tx_for_two_year_my_fiance_filmed_me_nude_and/Answer #3: Check the online database for Texas court system and you might be able to find charges against himAnswer #4: What county was it? In Harris County we can look up all the court filings online for free.


Title: Dad died when I was 12. He hid me from his family. I think I should be entitled to something.

Question:
Hi everyone,

I'm wondering if you guys can help with steering me in the right direction or at least telling me if I have any claims to anything here.

Backstory: I was born out of wedlock in Canada. My dad had a wife and family who he cheated on to be with my mom. He picked me up from school everyday and brought me home, but never slept at home with us as he had his own family to go back to (only when I was older did I start realizing how messed up this all was).

Anyway, he got cancer and passed away. I have no idea what happened with his estate but I know he had a wife and at least one other kid. This happened 19 years ago and only now am I starting to think I got ripped off. I was 12 and neither my mom or I got anything out of it, and I'm not sure if this is true or not, but if he did have a Will I read that he should have included me in it because I was a child of his under the age of 18.

My questions are, can I get anything out of this? If so, who should I contact? What information is needed to prove that what I'm saying is true? My mom raised me on her own and she was amazing, and she is going through some hard times right now so if I do get anything out of this it will be to make sure she's taken care of.

Many thanks for any responses :)

Answer:
 >This happened 19 years ago and only now am I starting to think I got ripped off.

It's very unlikely you're going to be able to contest this 19 years after he passed away.Answer #2: You likely wanted way too long to do anything about this.Answer #3: Nineteen years ago?


Title: [OH] Are false notifications of scholarships a bait-and-switch?

Question: [deleted]

Answer: It sounds like you knew you weren't eligible for the scholarship to renew. Did you plan on informing the university that your GPA didn't actually meet the cut off?


Title: Workers comp not willing to pay for my time lost

Question: Hey everyone first time posting and I've come across a very unfortunate event at work and not sure what to do, I'm 20 years old college student at a community college working part time at a Starbucks near my home, the other day I was working and spilt very hot water on my right hand cause second degree burns, notified my supervisor right away and they put medical burn gel on it while doing that they clocked me out ( had 2 hours left on my shift) and had me call the incident number to fill a report so I could go to the urgent care, I was on the phone with them for 45 min answering questions n such, long story short went to the doctor and they said I could not work the following day and to come for a follow up so I did and got a call from the workers comp later that day, from a guy that was taking care of my case, he said that they will not comp the day lost or the hours lost because they only comp if it's more than 3 days and if it's more than a week they only pay a third of what I would make in that week and comp my the 3 full days, fast forward the next day at the doctors office and they said I'm not able to use my right hand for work until I come in for another follow up next Friday, I ran this to my boss and she said that she used all my sick hours for the day I missed at work and that I might need to file for an leave of absence  for the week, now for what I was told I do not get paid for that LOA, I wanted to call the workers comp people but their closed on the weekends and have to do it on Monday so as of right now I have no idea what's going to happens with me getting paid for the time lost or even my sick pay hours because that's pretty unfair to use my sick hours for an injury at work that might extend another week because the use of my eighth hand( the doctor said I could return to work but can't use my right hand and it is up to my boss if she wants me to work in a position that doesn't require much) so I just need advice on what their doing is okay or if I should take on legal action on my list time because on the report it was filed under lost time thank you , I'm based in California

Answer: Former company operated sbux partner here: escalate with the PCC. They shouldn't have clocked you out immediately after your injury, either. How exactly did you burn yourself?


Title: My employer pays me in cash with no overtime payment

Question: I work in New York  for a tourism company and we are a bike rental company. So my employer just giving me cash and no overtime even though I work above 40 hours a week  he pays me $1 above the minimum wage ($12/hr).  I signed no contract with the company and I have been working there for 3 months now.  Can I sue them for that? Although I haven't bring that up yet.  Also how can I proof that I'm employed since I don't have pay stubs?

Answer:
 Your employer is paying you illegally. He will be in trouble with the IRS (at the very least) as will you if you are not paying taxes. Are you paying taxes?

You can file an SS-8 with the IRS, and a wage claim with your state's department of labor.


Title: Bought a used car from a dealer, but dealer can't produce title demonstrating ownership

Question:
I live in New Hampshire and after an extensive search I located a certified used car at fairly large dealership in Virginia. I travelled to VA, paid $15k cash down and asked the dealer to contact my bank, where I had prearranged financing, for the balance. Without even speaking to my bank, the dealer suggested I just give them a personal check for the balance, which they would hold until the financing went through. Seemed odd, but it was after banking hours so I appreciated the gesture because they allowed me to leave with the car that day.

So the next day my banker asked the dealer to send scans of the purchase agreement and the front and back of the title... pretty standard stuff. The dealer tried telling my banker that she didn't need the title, which, of course, she does. Eventually he admitted that he didn't have it because there was still a lien on the vehicle from the previous owner. A few days later he "finds" a copy of the title and sends it to her, but only the front, and that shows a lien from the previous owner. After more requests he finally sends a scan of the back, which shows an address stamp of the dealership in the first assignment section, but no date, mileage, or signature of the previous owner. My bank doesn't accept this as a valid transfer of title and won't send the dealer the rest of the funds.

1. My banker says that is illegal for car dealers in NH to sell cars that still have a lien, but we aren't sure if it's legal in VA. Is it?

2. The dealer says "we do this every day" and "possession of the title constitutes ownership in VA", which I find very hard to believe. Does it?

3. The dealer now says either bring the car back (13 hours away) or he will deposit my check (which won't clear) or I can finance through him, because he's done working with my bank. I didn't check his financing rates, but something tells me they aren't going to beat my credit union. I would really like to keep the car if I can get a clean title. What is my best course of action?

Thanks.

Answer:
 > What is my best course of action?

Return the vehicle, get your money back, and buy your banker some Christmas cookies because she just saved your butt.Answer #2: Call the bank and put a stop on the check.

Call the Police and tell them you were sold a possibly stolen vehicle.

Call the dealer and tell them where the Police towed the car to.

Find a different car.

ADD: If there is anything at all fishy with the title, you have the possibility of having the car seized as stolen at worst, or being unable to register it.  At that point it's up to you to try to recover from the dealer what you paid for it (across state lines which make it even more fun).  You may have to go to Court to have a Judge declare you as the new owner and force a new Title (eg mechanics lien). By that time, they may not even be open anymore and you lose both the car, and your money without any recourse.

Another possibility is that the car may have been a repaired car that was totaled by an insurance company or flood damaged, and they are trying to hide that until money changes hands.


Title: [CO but really anywhere USA] Legality of using song lyric as slogan

Question:
Hello All, I'm pretty sure the answer is no, I can't use it. but wanted to verify the assumption before I moved on.  What's the legality of using part of a song slogan as a business slogan, IE, a dating site using, "I only have eyes for you."
Thank you,
Chris

Answer: IANAL:  Musician here who has taken classes on copyright law.  If the song is no longer under copyright, all its contents (lyrics, chords, notes, phrases) are fair game for anyone to use.  If it is under copyright, you may ask the current owner for permission. They're free to grant it, or give stipulations/limits.  If you don't ask permission, they can sue you.Answer #2: I'm definitely interested in the answers you get. The line seems pretty vague and even common, I wonder if any song (or anything, really) can actually claim it.


Title: I just found out my sister is working until 3:30 in the morning without being paid

Question:
What's going on is my Brother in law (sisters husband) works at a cabinet shop. The boss won't hire more help and makes these ridiculous deadlines. He's such a hard worker (and push over) that he just deals with it.

He works until 4 or 5 in the morning, goes home and sleeps for an hour or two then goes back to work to repeat this. My sister has a completely different job in a different town. She sees that he's killing himself trying to work this schedule with no help so she goes and helps him on her own just so he can at least have SOMEONE to help him. The last few days she has been working her normal 8 to 5 job, getting off work and going straight to her husbands work and working with him until 3:00 in the morning or later, then going home to go to bed until she gets up at 6:00 for her other job.

I know she's not an employee of the cabinet shop so they don't have to pay her, but is any part of this legal? This is in the state of Missouri

I know when he worked at this place a few years ago (He left because it almost killed him, then came back because he's an idiot) he was working 80 and 90 hour work weeks all the time.

Answer:
 The BIL can probably be fired for having a non-employee in the workshop after hours. There's all kinds of liability issues, especially if she were injured working on any of the equipment, there is no way the owner would allow it unless she was an actual employee.

The BIL should be getting paid overtime for the hours he works over 40 each week. Otherwise, it's not illegal. But he needs to use his leverage. If there is that much work backlog, then the employer is going to be in a hard place if the BIL quits. So he should threaten to walk if the working conditions, hours, and workload aren't adjusted (and probably a raise too). If things don't change, he should follow through and walk. Answer #2: Call the [Missouri Department of Labor and Industrial Relations](http://labor.mo.gov/). They can point you in the right direction. IF she is working and not getting paid that is a problem, but from your narrative I can't tell if she was ever hired, or if she is just showing up and working.Answer #3: >I know she's not an employee of the cabinet shop so they don't have to pay her, but is any part of this legal? This is in the state of Missouri

I'm not sure I understand the question. Does the boss know she is working there? Answer #4: Sounds like your brother in law should open his own cabinet shop...

Also, if the work doesn't get done, what are they going to do? Fire him? Let the boss give bad estimates to customers. They'll learn their lesson when BIL starts going home at 5.


Title: Texas 401k divorce help!!!!

Question:
Hello R/legaladvice

This is my first post here. The problem at hand is not mine but of an aunt who is currently divorcing her husband of 30 years. Even do her husband has had another family for 22 years this is not the reason for them getting divorce even tho they do both know about each other for a long time. So here is where the problem is he decided to leave her(aunt) and live with the other family. He is legally married to my aunt. So what he did id when he left he emptied his 401k and put it under his other "wife's" name. My questions being is this legal? and what can she do to get the money that is rightfully hers?

tl:dr Guy has 2 famalies for 20+ years is leaving the one he is legally married to took 401k and gave to other "wife"

Answer: Legal? Yes. But that doesn't make it less of a marital asset. Wife needs to hire a divorce attorney tomorrow and let that attorney deal with it.


Title: Manipulative sister in law is trying to get her parents to write her brother (my husband) out of their will.

Question:
So, my sister in law is very good at getting what she wants. My parent in laws have a decently modest estate. Recently my MIL had a major surgery and for whatever reason she didn’t want to recuperate at home so she’s getting good care with SIL in a different state. Meanwhile my FIL is at his home where my husband, myself and our 2 children live helping with the home.

Now for this my husband and I contribute to utilities while I buy all groceries/paper products, clean, yard work and maintenance.

My sister in law and my husband have never had a good relationship. He’s always wanted one but she has hated him since he was adopted and brought home. (She’s adopted as well). As I’ve said she’s extremely manipulative and the “money” as she says is all mom’s. Well mom, who is not very bright, is easily manipulated by her daughter and her fiancé because they make a lot of money so they’re automatically better people. (Not kidding) meanwhile my husband works very hard 6-7 days a week and I work full time as well. There’s no addiction issues or psychological here I’m not sure if that matters.

My sister in law is trying to get her parents to write my husband out of their will. The estate is basically the antique home, it’s contents and whatever small investment/insurance stuff.

In-laws seem to only talk to my SIL about their plans which in turn she calls my husband to taunt him.

We know his parents won’t live forever, we always thought the house would be left to both the siblings and they’d either sell and split or sister would buy us out. She has the money to do so, we do not as we would like to buy a home but we are sending a kid to college this year and it may have to wait.

Can she make it so her brother is no longer included? She’s manipulated her parents before and we can just see her getting her claws in her mother while she has her alone in her home in a different state giving her all these “reasons” why brother should be written out.

Is there any reason he could arbitrarily be left out?
Topic:
Wills Trusts and Estates

Answer: There is nothing illegal about trying to talk somebody into writing somebody out of their will.Answer #2: The mother can write whatever she wants in her will and thats usually end of story. In the end its up to the mother to decide even if she is fed a line of shit. If she leaves you out there will not be much you could do. At least to my current understanding of how wills work.


Title: I’m 18 and my father hasn’t paid a penny toward child support, is it too late to take him to court?

Question:
So, my father was kicked out while I was at a very young age. My mother never went through a formal process to get child support because she claimed he had no money. He was (and likely still is) an alcoholic, however, he has a real job now.

Now that I’m going to college and my mother is struggling to provide for us, the money would be helpful now more than ever. He hasn’t paid child support to any of his three children. He puts more money toward alcohol/drugs and his girlfriend than he does towards us.

I live in the state of North Carolina, if that’s helpful. Am I allowed to legally do this? Is it too late?

Answer: You don't have standing.  Your mother may have standing but if she never initiated child support, it may not be likely he will have to pay retroactively.