Title: NY - I accidentally broke a customers' iPhone and prescription glasses at work. Can they legally make me pay for it?

Question: I work as a server/waiter at a popular restaurant in my area. I was at work and clearing a table when a dish slipped off my hand and ended up smashing the screen of a woman's iPhone and breaking her glasses in 2 (Harry Potter style). I told my manager and he went over, took care of their check, and informed them that they won't have to pay for anything and to send the receipts to him and he will make sure they are reimbursed. They told him the glasses were ~$250 and they just sent a receipt for the iPhone which apparently ended up costing ~$450. So, am I out of $700 now? Can they legally make me pay for it? What are my options here?

Answer: The restaurant has insurance for this kind of thing.Answer #2: The restaurant can't force you to pay to replace/repair the items, BUT the customer can definitely sue you for the cost to repair/replace, and/or your company can fire you for breaking customer stuff.


Title: Wife was laid off from work on her last day of maternity leave

Question:
My wife  has been layed off from work on the last day of her maternity leave from a Nonprofit in NY in a middle management accounting position, they have offered a severance package for 2 months of pay. She has been told that on the review of the department her job has been deemed unnecessary and they intend to get someone far lower payed to replace her. All of this was plotted and planned while she was on leave and there are a number of things that make this pretty bad:

1) a few months ago they were reorganizing the department and she was listed in a management position as appropriate, nothing changed in those 3 months except her absence with the maternity leave.

2) Her job position from the start was a bait and switch, it seems that the controller set up the position while the director of her department was on maternity leave and when she came back  she did not know what to do with her, so while promising that she would manage the department she was often relegated to do work below her job level and even filed an HR complaint about it. which they agreed was their fault and stated they would improve the situation.

3) She works in the accounting field, and has found numerous serious breaches to the GAAP regulations which she has put a lot of effort into making them understand and realize, they agreed that the procedures need to change, but she has had to force the change at every step of the way, the issues are serious and would effect the companies financials in a very serious way.

Any suggestions on what to do, we are trying to get a consultation with a lawyer now but i would like to know what people think are the chances that we have a case.

Answer: Did she have a contract? Answer #2: An aside: GAAP is mandatory only for publicly-traded companies. It is very likely that if nobody has caught onto this company not using GAAP, they are private and don't need to (however stupid that is). Their screwy SEC filings would probably outright fail an audit if they weren't.


Title: (OH, US) Apartment complex management lost my rent check

Question:
All rent payment is due before on the the first of every month according to my lease agreement. I have been living at this location for 8 months and have never missed a payment nor have been late on a payment. On August 1, 2016 I handed in my rent check to the secretary in the office for August rent. Three weeks later I had received notice that my check had never been received and that I would be charged a late fee. Today, August 23, 2016 the same secretary that had accepted my check on the 1st admitted that they had lost the check which has my bank account and routing information. I then had to write another check to cover rent while my previous check is still unaccounted for.

I have spoken with the secretary twice in person and recorded both conversations. Both of which she admitted multiple times that she remembers taking the check and documenting it as well as admitting that they had lost my check. I am afraid that my check may have fallen into the wrong hands and since it is addressed to the apartment complex and not an individual name, anyone can sign the back and cash it. I am also afraid that now since my banking information is somewhere unaccounted for that I am susceptible to someone accessing it. I let the secretary know that 1. If the original check is ever cashed, she will speak with an attorney on my behalf and 2. If there is any suspicious activity on my account moving forward, she will speak with an attorney on my behalf as she was the last one to have access to the check and admitted it multiple times on record.

Are there any other legal repercussions I can take?

Answer:
 Your routing and account number aren't that secretive. They are on every check you've ever written.

"You will speak with an attorney on my behalf." Who even talks like that.  Honestly OP you sound like a complete dick.


Title: Receptionists at Psychiatrists Office Admit to Screening and Ignoring My Calls and Problems Result... Please Help

Question: [deleted]

Answer:
 What they did was almost certainly not illegal, and sounds completely reasonable under the circumstances. Every doctor, psychiatrist, psychologist, etc I've called plays a recording that says "If this is a medical emergency, hang up and call 911." Your typical psychiatrist's office is not equipped to handle an emergency, and them forgetting to refill your prescription is not an emergency. Anxiety is not a life-threatening disorder, stop pretending you were permanently damaged because no one returned your phone call for 2 hours.

For reference, I have severe Tourette's for which I'm getting ready to undergo brain surgery to correct. Last week I dealt with a very rude nurse who wasn't passing on my messages that DID involve life-threatening information. I didn't harass the doctor over and over, instead I emailed the reception desk and asked them to pass along the message instead. All said-and-done, it took about an hour to get everything corrected, and I didn't piss off anybody that has my sensitive medical information.

This isn't legal advice, just life advice: grow up and stop playing the victim. You had a bad day because of a mistake, that happens. Don't make this pebble into a landslide.


Title: TN - Given a car with no vin

Question: [deleted]

Answer:
 Call the DMV and ask them how to register a car with no VIN. It'll take some paperwork (and some legwork) and you'll probably pay a few fees, but it's doable. You'll likely need to fill out a form to get issued a new VIN. That's going to involve you giving them info about the vehicle, and them checking the stolen vehicles database.

There are plenty of classic cars out there that are basically mixmasters that have been hotrodded, modded, wrecked, rebuilt, and wrecked again. So having a 70s Mustang without a VIN doesn't necessarily mean it was stolen. It's just as likely that it's a whole bunch of junkyard parts bashed together into the shape of a Mustang.

First thing is first though. Find a good classic Ford mechanic in your area, and ask him to take a look at it and tell you if it's worth restoring. No sense in doing all the work just to find out it's a bent and rotted mess.


Title: I'm being threatened with a trademark lawsuit for someone who has the same artist name as I do. Really could use some advice please.

Question:
This is a new account as I'd like to keep my identity private. I will try and summarize as succinctly as possible.

I'm a well known Electronic music producer / dj. I have toured in 25 different countries over the last 10 years, have 13 vinyl records with my name on them (2008 - 2015, maybe 30 digital releases) and am quite well known, not super famous, but I do well.

I'm from Canada, my first gig using my artist name was in January, 2005. I have the poster from this first gig.

A guy in America has the same artist name that I do. He basically has a VERY small fan base in his hometown, does not have any records, does not tour....

I own the .com, soundcloud.com and facebook.com of the handle that I use.

For example my facebook and soundcloud followers are over 50,000... He has 300 followers on both of his sites. If you google my artist name, all the results are for me, zero are him.

In 2009 he trademarked the artist name we both use in America (after I confronted him and told him he should pick somthing else), and since then, anytime I play in America under the name he sends an email to my manager threatening to sue us.

For a while we worked it out that I would put "dj" infront of my artist name to separate the two. After a while I decided I did not want to do that, because I have worked my ass off for a decade building my brand, and he is a nobody and I don't want to cater to him.

I have more festivals booked in America, and he just emailed us again saying his "lawyer" is going to be sending us a cease and desist letter soon. He has said this before and nothing has come, but eventually I feel like we will get one.

Should I be worried? Am I at risk? Could he actually sue me from America? What would it take for him to get me to court? How would an American court get me there when I live in Canada and only play 5 - 10 gigs in America per year?

I met a girl who worked in a law office when I was on tour and told her about this, she basically said to ignore him and wait for him to actually take legal action, and she doubted a lawyer would not find it worth their time. My manager and I have not responded to any of his emails for the last year or two.

TL;DR - Being threatened for using my own artist name that I've used for 10 years, by a guy with zero following, but trademarked it in America. (I'm from Canada)

My sincerest thank you's to anyone who can give me some advice on the subject. I can afford to hire a lawyer, but some perspective would be great.

**EDIT - Thank you for all the helpful advice and insight guys, it's very much appreciated. I have found a lawyer specializing in trademarks in the entertainment industry, in the state where the American is in.
Drafting my letter to him now, and gonna take care of this once and for all.
Once again, thank you for the advice.
Topic:
Intellectual Property

Answer:
 >I can afford to hire a lawyer

Hire one. What you describe falls in the grey area of Trademark law and needs an expert opinion.

Are you signed to a label? Or do you have good relationships with any labels or promoters? These are good people to ask for a recommendation for a lawyer who knows what they are doing


Title: [CA] A girl I knew has written numerous tumblr posts accusing me of raping her, to the point where it shows up when you google my name. Can I sue for libel or defamation?

Question:
There was never any point in which we engaged in anything non-consensual. We never had PIV sex, and when we did drink together, nothing sexual ever happened until the morning after.

Regardless, I can't prove any of this. Neither can she, of course. We haven't seen each other in two years, and it seems she's made numerous posts accusing me in that time.

I'm concerned about what will happen if employers, friends, or anyone else googles me. I don't really know what to do, since looking around seems to tell me that libel suits can be very expensive and usually don't amount to anything unless you can prove that what the person is saying is false. I know I didn't do anything, but how can I prove that, especially given how long ago it was?

I'm also worried that taking any action at all will just result in more attention being drawn to this.

I really feel completely lost and sick to my stomach about all of this. Any advice is appreciated.

Answer:
 If you can't prove by a preponderance of the evidence (over 50 percent) that the statement is false, then you can't win a defamation case.  And yes, suing could bring more attention.  You should consult a local attorney to discuss any options.Answer #2: Have a look around at the various strategies you can use to hide negative search engine results. Hopefully if you can bury this on page two of any google search, combined with the fact that nobody with more than two functioning brain cells takes anything on Tumblr seriously anyway you can minimise the damage.

Otherwise I agree with /u/UsuallySunny - you should consult a local attorney but need to be wary of the 'Streisand effect' - fighting this could just draw more attention to it. Answer #3: Consider contacting Tumblr and ask them to delete those posts. They've been known to remove posts.

She may just make more and you may have to play whack a mole with those posts. Up to you. Answer #4: While you may not have the best grounds for a lawsuit, nothing's stopping you from having a lawyer write a scary cease-and-desist and send it to her.  Couple hundred bucks at the most, and a lot of times just the threat of a lawsuit is enough to make people back down.  Couldn't hurt.


Title: If somebody has text message proof that I used to sell marijuana, can I still get in trouble if I don't do it anymore and I don't even have any in my house?

Question: Title says it all. I pissed off a couple opium addicts and a pedophile for kicking them out of my house and now they're saying they're going to get us put in jail for selling, even tho we don't sell anymore and there's nothing incriminating in my house. What's likely to happen when they call the cops? My wife and i live in Oklahoma, Cleveland County.

Answer:
 The police may or may not investigate.

 I'd lean to towards may not.


Title: [NY] Am I eligible for partial salary payment under NY FMLA laws?

Question:
I have been employed for 4 years at my current job and I get paid through a contracting company (not directly by the company I work at).

Under federal law I am not eligible for pregnancy leave because my company has under 50 employees where I work (I don't know how many employees they have overall and I don't think there is a way to find out). I asked the contracting company and they said they can only give me two weeks vacation that is offered to everyone.

According to this PDF I found, I am eligible for paid pregnancy leave but it doesn't indicate whether my company needs to have 50 employees under NY FMLA law or not.

Can anyone help out here? Here's the link: http://www.wladisco.com/wp-content/uploads/31694-FMLA-Guidelines-for-New-York-10-14-13.pdf

Answer: I'm not sure where that comes from, but there's no pregnancy leave law in NY other than FMLA at the federal level.  You're not entitled to paid leave, other than having the right to use whatever paid time off you already get from your job while on leave, or being able to file for State Disability while pregnant.


Title: How can I, an independent, legally and financially take credit for my idea?

Question: I am an independent who has devised an idea for a company to maximize their profits, and increase their efficiency. However,I have no affiliation with this company in any way. I have created a presentation that will provide detailed step by step instructions explaining how this company can help themselves, but what is to stop them from listening to me, sending me home, and doing it themselves? What legal steps can I take in order to get credit for this plan, if they choose to use it?

Answer:
 Ideas are easy, implementation is hard.

But you can reach out to them as a consultant and ask them to hire you to teach them your method.  The contract you sign would specify that they must pay you.


Title: [US, PA] My brother slid off the road last night, car was towed after he was taken to the hospital..He left some personal belongings in the car but they won't let us go into the car to retrieve them without paying $400

Question:
What can we do from here? No one was involved in the accident and it literally went down less than a mile from our home. HE is OK thank god! He's sleeping right now because we were in the ER all night.

I was thinking we should go to the police station and seeing what can be done but wanted to check with legal advice before I wake him up.

Answer: The fee is going to go up every day that you don't get your car out of the lot. It was a righteous tow, and you need to pay to get it out ASAP.


Title: [NJ] Would it be illegal for me to date a former student minor student in another city?

Question:
I (28) used to be a teacher at a high school but recently left for another school district in another city. I had a former student who I know had a crush on me but is 17. She will be a senior next year and I had her for some junior classes. If I were to get in contact with her over the summer, would that be illegal since I am still in education? I never did anything inappropriate with her while I was her teacher and no longer teach in the city she lives. If I started dating her while she is still in high school, is that illegal? Would dating a minor in another school district violate my contract in my current city? If I were to quit teaching and become a school administer would that make a difference?

Thanks.

Answer:
 It's just bad form to be dating students when you're involved with a school at all, in any formal way. Don't do it - even if it's legal it will be social and professional suicide.Answer #2: You should be asking yourself why you want a relationship with a 17 year old at your age. Answer #3: 28 & 17

Hopefully, you weren't attempting to teach math.

Or you could simply wait a year. Either way, you will rightly lose your career in education if parents find out about this situation.


Title: TX- cps was called, police came, need to know what's going to happen next.

Question:
So, tonight I was totally surprised by a child welfare check by the police at around 8pm. I was so stunned, I could hardly grasp what was going on.

Basically, two officers showed up, checked on my son, told us the reason for the visit, and said everything looked fine and they saw no reason to worry.

What does this mean? I was provided no paperwork, no case numbers, I was not told if this would be an ongoing open cps case or not. What can I expect or who can I contact to ask what is going on? They were here a total of maybe 5 minutes, if not less. I'm so confused and upset.

Answer:
 It was the over night CPS crew. They only do quick checks for immediate safety.

Today or tomorrow your assigned case worker will contact you. Be ready for full interviews of everyone.  Hire an attorney today if you feel it is necessary. Answer #2: IANAL but you should be good.  It sounds like someone may have reported you.  For what reason?  Who knows.  Could be vindictive or some9ne legitimately was concerned.  If they said everything was fine then everything is fine.  CPS is there to make sure your child is okay and it sounds like they did just that.  They made sure your child is okay and they left.

The next step:  THIS IS VERY IMPORTANT!!!
Keep doing what you're doing.  If it took them 5 minutes to see your child was okay then I'd say you're doing a great job.  So keep it up.


Title: Can I ask the non-custodial parent to pay for a 3rd party supervisor for visitation?

Question:
The birth mom (bm) of my child has no physical or legal custody.  The bm is allowed 2 2 hour visits per week, supervised by whomever I choose. Bm has chosen not to utilize these visits since August of 2016 and only saw my child for a total of 8 hours for the entirety of that year. The visits cause a huge amount of stress and emotional distress to all members of our family. Previously my spouse and I had been the supervisor but it's become too much. Our counselor recommended a local agency that provides a neutral and supervised location for parental visits but charges a fee.
Can I make her pay for this service as a stipulation for visitation since this is who I choose as a supervisor?
Marion County, Oregon

Answer: What does your order say? If silent, withholding visits until she coughs up money could result in bad things for you. However, you could still ask her. If she says no, you can go back to court and ask she be compelled to pay.


Title: [NY] Mail in cell phone repair service sent me someone else's phone

Question:
Hello, I live in Missouri and decided to use a mail-in repair service from eBay to fix my phone's cracked screen. I mailed the company, located in NY, my phone and received a phone yesterday. The phone I received was the same model, but the serial number and IMEI were both different. I contacted the company via eBay and received a reply today stating that my motherboard was at their store and this was their reply,

"I apologize for the issue, I was just informed by my tech we have your motherboard here. If you can ship this back we will swap them out. I again apologize for the inconvenience."

Its seem like they accidentally put the wrong motherboard into my phone. I can understand if a repair requires the motherboard to be removed. However, the IMEI is also etched onto the back of the phone, and the etched IMEI matches the IMEI of the phone, which is not mine.

The company has asked me to return the phone so they can swap out the motherboard. However, it seems like the entire phone is different. My fear is that I will get another phone back that's not mine. I have asked the company to give me money to ship the phone back to them. My question is what should I do to protect myself in this situation? Should I file a police report to prove that I was given the wrong phone? If they don't send me my phone again, what legal recourse do I have? I feel this will be very complicated with both of us being in different states. The cost of the service was also a lot less than the phone, so just getting a refund for the repair will not cover the cost of a new phone, should they keep sending me other people's phones.

Answer: You are **really** overreacting here.  Just ship the phone back.  There's no need for a police report, or a lawsuit, or anything.  Just ship the phone back.


Title: I am 21 years old. Am I my own legal guardian? (Colorado)

Question: I am 21 years old, and I contract I need to sign requires a signature of a parent or guardian. Am I my own guardian, or is this signature field not needed, or do I really have to get my parents to come sign it?

Answer:
 If you're over 18 you don't need a parent/guardian signature for anythingAnswer #2: You don't need someone else's signature unless:

1.  You've been declared incapable of handling your own affairs.
2.  That other person needs to actually do something, like they are co-signing a loan or something like that.
3.  The group specifically requires it for some reason.


Title: [CA] Involved in minor hit and run and it seems like the other party is trying to use his position as a lawyer to push me to drop it

Question:
I was rear ended in traffic earlier this week and when I tried to pull into a parking lot the other driver kept driving. I filed a police report right after it happened and the police got in touch with the other driver. They gave him my name and phone number to presumably swap insurance info but when he called me the first thing he said was that he was a lawyer and he was going to report me for filing a false police report. After that he admitted that the collision did happen but kept saying it wasn't a big deal and trying to blame me for not indicating that I wanted him to stop.

&#x200B;

I know this is pretty minor but I'm bad at confrontation and the fact that he has my information makes me nervous. I just want to know if the police acted properly giving him my information, if the other driver violated any ethics standards by saying what he did, and if there is anything I should do.

Answer:
 What the police did is normal.  Call your insurance and tell them what happened. They will work it out.  Ignore his phone calls.  Let the insurance company handle it.

Dont worry about your personal information.  Even if this guy had gang connections, it's not worth going to tune up some guy in his home over a fender bender.Answer #2: He's trying to scare you into dropping the case so he doesn't get charged.  You did nothing wrong, he hit you and drove off, he's at fault for both rear ending you, and not stopping.  You did the right thing by calling the police and filing a report.  Now all you need to do is what your insurance company asks.  Ignore his calls and do not engage with him.


Title: CPS investigating my mother because of my medical marijuana card/use. CA

Question: [deleted]

Answer: You should get an attorney. You don't want to mess with this. Kindly tell the worker you choose to speak to an attorney before further actions or conversations. Tell her she cannot speak to either child at all. And that you or your attorney will contact them.


Title: Blew a 0.04 and got arrested for a DUI

Question:
6:30 :Arrive at wedding rehearsal and consume four beers before I leave

8:30 :Stopped drinking

9:45 :Drive back to hotel

10:00 :Pulled over for back driving lights being off and cop notices some wine in the back seat that we had brought back from the rehearsal dinner to drink in the hotel. I pass field sobriety test and am asked to blow and I refuse. Then arrested and brought back to the station.

10:30 :Blow in Draeger machine and get a 0.04 BAC

11:30 :Processed into jail

4:00 AM :Bailed out of jail by girlfriend that had been in the car with me on the way back from the rehearsal

&#x200B;

Present :Completely freaking out. Is my life and career over? Will the case be thrown out because my BAC was half the legal limit? Do I need to spend all my savings on a really good lawyer?

&#x200B;

P.S. Never heard my Miranda rights when being arrested

Answer:
 >Will the case be thrown out because my BAC was half the legal limit?

On it's own, no. The "legal limit" is a bit misleading, it doesn't mean you're good to drive until you hit the .08 limit, it means that after the .08 limit there's not really any need for any *other* evidence of intoxication. At .04, the officer will use that BAC as well as how you were driving, FST results, your behavior in general, and so on to make an argument in court that you were still too intoxicated to be driving.

You need a lawyer.Answer #2: You need an attorney, yes. 0.04 + lights being off = DUI. Also you don't know you passed the SFST. Most people who don't, think they did.

As for refusing to blow, what state are you in? [Here's a nice map](https://www.responsibility.org/alcohol-statistics/state-map/issue/test-refusal/) explaining whether you're facing administrative or admin+criminal penalties for refusing to blow. If you were in Wyoming then you're all good on that front.Answer #3: You can be DUI even under the per se limit. The limit just means you are automatically DUI at that point, not that you aren't DUI if you are below it.Answer #4: Yep, you can be arrested for DUI even if you are under the legal limit. You really need a lawyer.


Title: Hostile and aggressive text messages sent to witness in criminal case (NJ)

Question:
I don't want to go into the details of the case because they're pretty specific.  But my close friend is testifying against his dad for fraud.  My friend's testimony will be a pretty damning piece of evidence, as his dad admitted to the crime to him and gave him very specific details about what happened.

Now a bit more background, my friends father was extremely abusive to my him and his siblings growing up, both physically and mentally.  To this day, my friend is still terrified of him.  Since the court case began and since my friends dad found out he's going to testify against him, his dad has been sporadically texting him.  The messages range from begging for forgiveness and pleading that he doesn't testify, to calling him a little bitch and saying he'll be sorry if he gets on the stand.  None of the texts have explicitly threatened my friend, but due to the nature of their past relationship, the messages scare my friend to the point where he almost doesn't want to go on the stand.  Can this be seen as witness tampering/intimidation?

TLDR:  friends dad is sending him hostile messages after he found he is going to testify against him.

Answer:
 > Can this be seen as witness tampering/intimidation?

Yes.  Absolutely.  Your friend needs to report this to the prosecutor **immediately** lest he get in trouble as well.


Title: [CA] Landlord is 2 weeks late with returning my security deposit, claims he is waiting on a rent check from a former housemate. How do I get my security deposit back?

Question:
**Some background info:** I signed a lease with my two former housemates one year ago. We are all listed on the lease as one tenant. We gave our 30 days notice before the lease was set to end, had the house cleaned, and moved out. The landlord did not do a walkthrough (his idea), but said via email that he would be returning our security deposits.

**The situation:** On the last month of our lease, our rent checks were lost in the mail. Really just the best timing. The landlord follows up with us, we send him new rent checks with $25 each to cover the late fee. At this point, though, Housemate A is out of the country and doesn't have access to email, let alone can they write a new rent check. The landlord is annoyed at this point, and says that myself and Housemate B and I are responsible for paying Housemate A's rent and late fee. We end up getting in touch with Housemate A, tell them the situation, and they get the rent check over to the landlord asap. We're already moved out and just waiting for the deposit at this point. Landlord confirms again that everything is good, and that the deposits are on their way.

The CA Civil Code "21 days to return the security deposit" came and went. A week after the 21 day cutoff, I email the landlord and let him know that I have still not received my security deposit. He writes me back and says,

"You are all equally responsible for the rent, I am still waiting on the rent check from Housemate A. Your deposits are in the mail."

At this point I am confused, I follow up with Housemate A, they got a confirmation from the landlord that the rent was received and that "the deposits are in the mail". Housemate A sends me the email confirmation that they received from the landlord.

So, LegalAdvice, what do I do? Another week has gone by, and still no security deposit. The landlord is sending inconsistent messages to myself and my other housemates. All the while, he keeps confirming that the deposits are in the mail. I have strong reason to believe that this isn't true, unless all three security deposits were lost in the mail? This whole situation seems off to me, but I'm not sure how to go about getting my money back without some huge hassle.

TL;DR - Landlord has not returned security deposit 2 weeks after CA law "cut off date". Claims that he has not received a rent check from housemate, but gave written confirmation to said-housemate that the rent check was in fact received.
Topic:
Landlord Tenant Housing

Answer:
 You should advise your landlord that you have received a copy of his verification of receipt of payment and that he is past his 21 days to refund the security deposit. Let him know that you documented the condition of the unit before you moved in and after moved out (so he doesn't claim that hes keeping it now cause of damages). Lastly let him know that if he does not issue the checks immediately you are going to look into your legal options. These would generally be through the attorney general or a housing board. I'm betting that when you let him know that you have collected this information that you are ready to take action that the checks will come a little faster! Good Luck!Answer #2: California is super super friendly towards tenants.  I used [this guide](http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml) pretty extensively when my former landlord was being a dildo about repairs.

Read it carefully.  You'll likely find several rules your LL didn't follow at the end that will entitle you to your deposit back, pronto.


Title: [CA] Father just passed, I’m next of kin and not sure how to find out what he owned, owes and if it has to go to Probate?

Question:
My father who I haven’t seen in over a decade just passed and I am his only next of kin. He never remarried or had another child. I am aware of a Pension that he may have just started taking out last year of and that is it. He has been living with a woman for the last 10 years however CA does not recognize common law spouse so I believe she has no right to this pension or anything else he owns. How would I go about finding out what he owns, what debts he has and would this have to go to Probate Court? He does have some surviving siblings and his mother is still alive however I’m his only living next of kin. Not sure what to do or how to go about it. Just need some guidance....Thanks
Topic:
Wills Trusts and Estates

Answer: You can file a petition to open probate in the county where he resided. If he had a will, that will control who gets what. If he didn't, I believe you will get it all. His pension may not be part of his estate. It depends on how it was structured. It is possible.it will pass outside probate. Keep in mind that the estate's debts will have to be paid. There is a specific procedure for this. You should talk to a CA probate attorney.


Title: Love question

Question: My girlfriend left me for an old rich man after a 4yrs relationship. She still comes to visit me twice a week loaded with cash n gifts. I feel that she betrayed me n that she wasnt loyal at all. She looks up for me for emotional and psychological support and keeps calling asking my thoughts on her personal life issues and daily life challenges...We both worked and supported each other financially. What should I do?

Answer:
 Move on.

What’s your legal question?Answer #2: > What should I do?

Move on. She owes you nothing.


Title: Fired from my job, applied and approved for unemployment, now my employer is appealing my unemployment claim. What do I do?

Question: [deleted]

Answer:
 >some background

>writes a longer screed than an MRA who just saw a Ghostbusters trailer Answer #2: Jesus TL:DR. Basically you got fired for throwing a football around and a member of the gym said you hit him in the face with it. I'd guess that qualifies as being fired for cause and you won't be eligible for unemployment.

None of the rest of this seems to matter to your case at all.


Title: Classmates beat and filmed younger autistic brother at school.

Question: The school is saying they will open an investigation, but it is really looking like no further action will be taken. I'm beyond furious right now. What options does my family have ?

Answer:
 I mean, you could go to the police and file a report, especially if you have the video. Assault and battery are crimes in pretty much every jurisdiction I've ever heard ofAnswer #2: Your family can report the criminal act to the police, and can seek to recover any financial losses suffered as a result of the assault from the assailants.

Your family might also schedule a meeting with the administration to discuss how they will keep your brother safe in the future, especially so if the assailants will remain in school.


Title: My sisters work makes her clock off at a certain time, and finish off the clock if the work isn't done.

Question: So my sister works at a coffee shop, a place that is regularly busy right up until close. The wrap up closing of the place usually takes a little time to clean, do the til, and set up for the morning. The boss/owner of the place, insists the employees clock out 10 minutes after close, stating if they are not done by then they should be working harder. Obviously as anyone who has ever worked in food service, if you are busy til the end than its hard to get a start on your closing duties. So a couple times a week, my sister and other employees have to clock off and finish while not getting paid. It's not that they don't work hard, it's just that all the stuff that needs to be done, needs to be started an hour before close for it to be done by 10 past. Since they frequently are busy til they lock up it isn't possible. She is afraid to be fired if she stays clocked in to finish. Sometimes they work for an hour or more a day, unpaid.I am convinced this has to be illegal, can anyone shed some light on how illegal it really is? The employees are mostly students who need the little money they make, so they do what the boss says and clock out. What can she do? Thanks. the shop is located in southern Rhode Island, United States.

Answer:
 Yes, this is a form of illegal wage theft. If she's an hourly non exempt employee, then if she's working, then she need to be getting paid.

That being said, it's entirely permissible for the employer to fire her if the employer doesn't think she's being productive enough to get things done in the allotted time (even if it's impossible to do in the allotted time). The employer can let her go without giving any reason at all.  As long as it isn't for a discriminatory reason or one against public policy (like because of jury duty or because she reported the employer to the labor board), then all she can do is file for unemployment and work someplace else. So realistically, she should keep rigorous records, look for a new job, and then file for a wage claim after she switches. Answer #2: This is illegal and she ought to speak with either a local labor attorney, who is likely to help without asking for money up front, or file a complaint with the labor board.  Answer #3: If she's paid hourly, as long as she's required to be there, she should be getting paid. If her boss wants her to stay until 4:30, she's paid until 4:30. If he tells her to clock out at 4:15, then she should be able to leave at that time.


Title: [Colorado] I made a browser extension that will prevent people from having to click on clickbait. How can I protect myself from huge publishers suing me for lost revenue?

Question:
Hello,

I have developed a browser extension that will allow users to submit their own explanation for clickbait articles on Facebook. The top-voted explanation will be shown by default alongside the clickbait article to all others who have installed our extension. This way, any user with the extension who comes across the clickbait article is saved a click into content in which they may have been interested.

I'm posting here regarding the legal security of myself as I move forward. Though it is not a direct goal of mine, I understand that my efforts and the extension could have a measurable impact on revenue streams for countless powerful publishers across the Internet. I hope you'll help me grow my knowledge of my legal standing. I am worried that publishers that share clickbait on Facebook (almost all of the biggest, most powerful pages and journalists) will try and take down my extension in any way they can. Ultimately I seek to protect my users and myself from distasteful journalists.

TL;DR: I made a browser extension that will save people from having to click on clickbait. How can I protect myself from huge publishers suing me for lost revenue? Is there any legal basis to pursue a lawsuit against me?

Answer:
 Like https://twitter.com/savedyouaclick but in a browser? Interesting.

I'm not seeing the issue. It'd be like having a movie review site, except instead of movies it's websites. In the publishers' place, I think the shorter road to success would just be to signal-jam you. They can plug more meaningless data into your site than you can gather useful comments.Answer #2: You can't. This is an inherently risking thing you are doing because you're disrupting their business model on purpose. If they notice a substantial drop in clicks and that attribute it to your extension their legal team will be on you faster than the Eye of Sauron found Frodo.


Title: Year long apartment lease automatically turning month-to-month at a much higher rate?

Question:
Hi there!

My friend who lives in South Carolina is stressing out over this so I though I would ask you guys to see if you could help.

Here's the exact paragraph from the lease that is in question: the lease contract will automatically renew month-to-month unless either party gives at least 60 days written notice of termination or intent to move-out as required by paragraph 36, which in all cases shall be a minimum of thirty (30) days. If the number of days isn't filled in, at least 30 days notice is required.

The lease is up on July 27th and they are now wanting to move due to several factors including new noisy neighbors, bug issues, and past issues with management. Why can't they give a 30 days notice? Am I reading the last couple of sentences incorrectly? If the lease turns month-to-month it will double their rent.

Thanks for any help, it is greatly appreciated.

EDIT: Sorry guys, I sleep too much. The rent will double for the month of August because the complex's month-to-month rate is $1400. They currently pay around $750 but if it changes to month-to-month will be expected to pay $1400.

Answer: I've read this twice and still can't find where you're seeing that their rent would double.  Forgive me if I'm just missing it, it's very early morning still lol.  It doesn't sound like your friend will be able to get out of the lease without losing more money.  I think his option is basically to wait until June 27th, pay another month of rent, turn in a 30 days notice that he's leaving, and move out by July 27th.  Is this sounding right or am I way off?


Title: Can I sue the company who hires telemarketers that break the law by calling me non-stop?

Question:
I get 4 calls a week offering to reduce my pain with a leg brace. (I'm in no pain and have never been hurt) Not sure why I'm getting these calls.

I've (hit 9 to be removed) over 20 times and the calls keep coming.

They spoof their number so it's useless to block them. Even my spam phone app never knows it's a spam number because they recycle numbers daily.

I 've told the people at the call center this and they just hang up and call the next day.

In desperation, I went through their whole pitch to see if I could find the company responsible so I could let them know they're hiring a telemarketing team that is breaking the law.

So I went through the questions they ask and after they "qualified" me to receive this damn leg brace they transferred me to a legit US-based company and I told them what was happening. I kept a record of all the names of people I spoke with.  They told me how sorry they are but after a couple weeks the calls started up again.

Since the telemarketing company is doing a great job of covering their tracks to prevent a lawsuit, can I sue the company that hired them?

\*I found TONS of information about suing the telemarketer but nothing related to suing the company that hires them.

Answer:
 The next time they call, tell them if they call you again that you will immediately report them to the FCC (if you're in the US).
Or just go ahead and report them to the FCC. (the "File a complaint" link is shutdown right now, but [its from this page here.](https://www.fcc.gov/consumers/guides/stop-unwanted-robocalls-and-texts))

The FCC makes serious bank suing the shit out of robodialers and number spoofers. [Like $82M.](https://www.fcc.gov/document/fcc-fines-robocaller-82-million-illegally-spoofed-calls) If you threaten to report them, I'd be surprised if you get another call.

Also make sure you're on the Do Not Call List/registry.

[Here's Canadas.](https://lnnte-dncl.gc.ca/en)


Title: Can someone volunteer to be held against their will?

Question:
I'm curious about this because I think it would be useful for rehabs to be able to enter in agreements with patients who know they want to get clean, but also know they are weak and will want to leave once they start experiencing severe symptoms.  I've been thinking about starting one since it seems like it could become a big business soon and I've always had an interest in helping ease the effects of the war on drugs in some way.

Thanks for any help!

Answer: You do realize that withdrawal symptoms, even for relatively mundane addictions like alcohol, can easily kill people, right? "Lock 'em up and wait" is a terrible approach to addiction management, just from a patient risk perspective. (It also doesn't work. Statistically, people who quit cold turkey are more likely to relapse than people who are weaned off of their addictions with proper support.)


Title: Stepdad came at me and grabbed me by the throat/neck, I punched back as a reaction.

Question: To start off, I’m 17. My stepdad and I got in an argument that eventually led to him coming at me fast and grabbing me by the throat and pinning me to a cabinet and eventually the wall. I punched back as a sudden “wtf??” I took pictures of my entire neck and chest being red as well as scratch marks on my arms. He says he’s going to try and get me to go to jail for this. What is the actual situation? If anything shouldn’t he be the one being charged? Im a minor and had a very hard time breathing while in his hold and the “punch” was really nothing (no marks or bruises or anything). Sorry if I’m not doing this right, never been in a situation like this before. Thanks.

Answer: Call CPS and the police and report that someone tried to choke you. Someone going at your neck throat area in a moment of anger is a massive red flag, as in they want to cause you serious  harm. This is not an okay situation.Answer #2: If he's choking you, he's planning to kill you - or at least is okay with it. Call the police and the Florida DCF.Answer #3: The actual situation as described by you is he committed a felony and you acted in self-defense. I’d definitely call the cops. Answer #4: Choking is one of the leading indicators that a person’s abuse will one day become fatal. Please report this to the police and don’t worry about what he says. You are in legitimate danger from this individual.


Title: Guidance for a friend who made a horrible decision and drove drunk. I feel so mad and bad at the same time, I am having trouble thinking clearly and some help would be much appreciated.

Question: [deleted]

Answer:
 To add to how fucked this guy is, damages caused while DUI are specifically not dischargeable in bankruptcy. The insurance companies for the cars he totaled will sue him, get judgments that cannot be discharged and be collecting from him for years and years (with interest running the whole time). He is mega-fucked. Answer #2: He can get an attorney. And start pinching every penny. And not drink.

> but mayyyyybe there is something there?

Lol no.


Title: DUI in Kansas, denied a phone call

Question:
I was arrested for a DUI earlier this week. I was not driving when the police arrived. I had wrecked into a curb and pulled into a parking lot to assess the damage. I refused a breathalyzer.

Anyways, they took me to jail and I was denied a phone call for hours. When they finally let me try to make a call, the code they gave me to reach an outside line did not work. I tried several times but it just wasn’t working. The officer essentially said “too bad” and put me back in a cell. I tried for the next few hours to get someone’s attention (probably annoyingly so) so I could use a phone. I was pretty much just ignored and then let out the next morning. Then the officer lied to me about where to retrieve my property (phone, wallet, etc). I finally was able to flag down an officer who helped point me in the right direction (no where near where the first officer told me to go).

So my question is, will this effect my DUI case at all? Could I claim that my rights were violated? Do I have any legal recourse here?

Answer: The "one phone call" trope is entirely a movie plot device, it's not a right at all. Depending on your behavior/nature of the crime/ whatever you may be allowed to make phone calls but that's entirely up to the officers.


Question:
 Does it cost money to speak with a lawyer? and How to get in touch with one?
Question:Illinois: Swim needs to speak to a lawyer but, all swim wants to do is ask him/her questions about a particular subject, as swim isn't in immediate need of someone defending him.

Answer: Using "SWIM" is stupid and offers no legal protection


Title: My friend is in the FBI; he routinely does "background checks" on people he doesn't like; is this legal?

Question:
I live in Arkansas, but since this is about the FBI I'm not sure that's relevant.

Let's call my friend Mike.  He is in the FBI.  Mike routinely performs background checks on people in his life.  For example, if Mike's sister is dating a new guy he doesn't like, Mike will run a background check on the guy to see if there's anything interesting in his history.

This behavior hasn't bothered me in the past, but recently Mike's ex-wife announced that she was engaged.  Let's call her fiancée Jim.  Naturally, Mike ran a background check on Jim.  Mike's reasoning was that Jim was going to spend a lot of time with Mike's kids after the marriage, and Mike wanted to make sure that Jim wasn't a creep.

It turns out Jim DOES have some embarrassing history, involving a pornography addiction during a past marriage (as part of his divorce proceedings, Jim was court ordered to go to counselling for this addiction).  Now Mike has said that he doesn't want Jim around his children, and Mike is seeking a restraining order against Jim, preventing Jim from being around Mike's children (this would effectively prevent Mike's ex-wife from getting married).

This angers me greatly.  I am also good friends with Mike's ex-wife, and it seems wrong to me how this happened.  Jim is now publicly embarrassed, and the marriage may be out of the question due to a pending restraining order, all because Mike used his FBI access to private records to discover something which had NOTHING to do with Mike's work as an FBI agent - Mike's only interest in this case was personal.

While I think that Mike is well within reason to be concerned about a pornography addict becoming the step-father of his children, was there something wrong with Mike having obtained that information in the first place?

Has something illegal been done here?  Are FBI agents allowed to run background checks against arbitrary people, regardless of their (non) involvement in official FBI investigations?  Are the agents allowed to ACT on information gained from such checks?  If nothing illegal has been done, then I suppose that there is nothing I can do.  But if something illegal HAS (or might have) been done, how can I go about reporting it?  Who do I go to and what do I say?

Answer: This depends on the type of background check. I can do background checks on anyone I choose using the internet and private services.


Title: [Ontario, Canada] My (28F) mother (62F) has taken out a second mortgage to finance a romantic interest that she's never met. She's obviously being scammed. What can I do to help?

Question:
My family hasn't been in the greatest financial situation since my dad passed away 6 years ago. My mom has been lonely and is very naive. Recently, after meeting a man online, my mother told me that she's sent him upwards of $200 000 to "help him with fees" so that he can come to Canada. The mortgage is in her name only.

I am livid. My brother (26M) and I have constantly warned her of the dangers of meeting someone online. What irritates me most is that she made such a huge decision without consulting her grown children. We all live together and help with living expenses as much as we can. My brother and I are finally becoming more financially stable.

I don't know what type of recourse I have here. I also don't know the details of their communication, or whether she'd be willing to share the details at this point. She's embarrassed, but still believes that this man cares for her. She's even trying to ask us for $5000, which is the last sum needed for him to come here and "fix all of our financial worries". I know that we're at a loss, and I've refused to give her any money to support this situation.

We've also been trying to sell our house, so this has a huge effect on the return that we would receive.

Would the authorities be able to help? Should I speak to a lawyer?

TL; DR: My mom sent a scammer a large amount of money because she is lonely and very naive. I don't know what to do.

Answer:
 First, the money is gone, sorry. You may be able to petition a court to obtain financial guardianship over your mother if you can show she has posed a pathologic risk to her well-being with vulnerability to scams and gullible decisions.Answer #2: You cannot do anything. She's free to make her own (albeit stupid) financial decisions. Sorry. Answer #3: Report it to the Canadian Anti-Fraud Centre, they'll tell you your next steps. Answer #4: i've been pretty good with money over the years, and a responsible person for the most part

but what scares me is if i get a bit older, and maybe lose a portion of my faculties, that i could fall for a scam like this

the rcmp has some info that may help you

http://www.rcmp-grc.gc.ca/scams-fraudes/index-eng.htm


Title: Smoking in house not listed on lease

Question:
Hi, I'm in NY, in the US, and I had a small question about something on my lease.

Me and my girlfriend moved into a place 2 months ago, and on the lease, it doesn't say anything about not smoking inside. However, after being here for 2 months, the landlord has twice mentioned us smoking: Once because the downstairs tenant mentioned it, and another because he said he was in the house, and could smell the smoke.

I've since reread the lease, and have confirmed that "non-smoking" isn't on the lease. So is there anything he can do if we continue to smoke indoors, besides ask/tell us not to? Since it's not on the lease, we're not breaching anything, and therefore have no reason to worry, right?
Topic:
Landlord Tenant Housing

Answer:
 Are you prepared to lose your entire security deposit and then be sued for even more to replace the carpets and everything else that is required to make a place liveable again after smokers lived there?Answer #2: >So is there anything he can do if we continue to smoke indoors, besides ask/tell us not to? Since it's not on the lease, we're not breaching anything, and therefore have no reason to worry, right?

Well your reason to worry will be losing a lot of your security deposit.  You want to keep smoking in the house, that's your prerogative.  But if there are carpets, all of the extra cleaning it will take to get the smell out will be on you.  And also if he has to repaint any of the walls around the normal smoking areas to get rid of the smoke-tint that doesn't take too long to develop. Answer #3: > Since it's not on the lease, we're not breaching anything, and therefore have no reason to worry, right?

I'd bet that there's a clause in your lease about "noxious odors" or "bothering the neighbors", or something like that.

Answer #4: Are you trying to just not get evicted? You may be safe from that, but when it comes time to renew the lease the landlord may refuse to do so. Also, if the smoke cause the carpet or walls to smell, the landlord could potentially try to charge you for the repairs.


Title: [FL] Friend got a DUI and her lawyer won't suppress any of the evidence. Should she get a second opinion?

Question: [deleted]

Answer:
 >Friend was arrested for DUI

>I was going to court for my *second* DUI

Here's some really important legal and life advice: **BOTH OF YOU NEED TO STOP DRIVING DRUNK.**

You are going to kill yourself or someone else. Get a cab, get an Uber, get a DD, sleep in your goddamn car if you have to, but stop playing Russian roulette with yours and others lives.

You should both be glad the only consequences you've faced so far is what the courts can hand you. Answer #2: She can certainly meet with another attorney and make it clear from the beginning she will not accept any plea and wants to take it to trial.

>  my attorney was able to suppress my first DUI, so it shouldn't be a problem for my friends attorney to suppress her driving record

Every case is different. There's no "well my lawyer did X so her lawyer can do X to".Answer #3: Tell your friend to quit driving drunk.  I'm tired of the courts treating drunk drivers like it's a video game with a reset button.Answer #4: I don't believe I've ever seen a mugshot suppressed on the grounds that it was not a subject's best picture.

I'd trust your lawyer's opinion over yours or your friend's. That being said, lawyers are just like any other profession. Some are good, some are bad. If your gut feeling about your lawyer is negative, there's no harm in looking for another. However, just because one lawyer did something in some other unrelated case doesn't mean that same thing needs to happen in yours.

Law isn't black and white; it's not a series of unconditional, never-yielding, if-then-else statements.


Title: [WA] Retail worker here, my manager took a picture of me standing to show how "unwelcoming I may appear".

Question: So, I work in a very busy grocery store and I am one of the attendants that observe the customers checking out in the U\-scan station that we have. My manager has been emphasizing how much more engaging we should be which I would say is unrealistic because my store is insanely busy, all the time, constantly. All of this is to get his "highly satisfied" numbers up to possibly look good for him get more pay, etc. Anyway, he's been getting on my nerves a lot these past few week but last Friday he pulled up his phone to show us what my co\-worker \(sweet 50'ish year old hard working lady\) what we look like. God forbid we stand for a second! My god! Anyhow talking to my HR would be the most realistic, but all she will do is tell him, that he made me feel uncomfortable. Probably not even that, is there any other way I can go about this? A.\) I feel like this is harassment and B.\) I feel like that was insanely unprofessional of him. Keep in mind I have been hinting that I have been trying my best and that he is irritating me. He's annoying everybody. Thank you for reading this ridiculous story.

Answer: Taking a picture of you and telling you to do a better job is neither harassment nor unprofessional. If your boss is irritating you, either do a better job, or find a new one.


Title: Sold a car (cash) but buyer wont transfer title and now he keeps racking up parking tickets - MN

Question:
I sold our old van to a guy for cash. It was a beater so I didn't think much about it. I signed over the title and then I registered the sale with the state.

Now he keeps getting parking tickets and they are mailed to me. He hasn't gone to the DMV to transfer the title and keeps making excuses whenever I call him (when I can reach him). I've had to go to court twice to deal with the outstanding tickets and they told me that if I was dumb enough to not go with him to the DMV to transfer the title then this is my mess. In hindsight, yes that was stupid.

Is there any other recourse of action I can take? I've thought about just declaring the vehicle stolen but since I've registered the sale I dont think that would work.

State: MN
Transaction: Cash so no receipt

Answer: Don't make it worse by filing a false police report. Contact the DMV to find out the mechanism where you can get it out of your name. Never ever trust the buyer to do this. This was probably his plan all along.


Title: CA - Is the owner of my apartment complex guilty of endangering the tenants or gross negligence?

Question:
Hello.  I've lived in my apartment complex for a couple years now.  Recently I discovered that the maintenance guy employed by the complex is a convicted and registered sex offender and pedophile.  Both the management and ownership know this, but have refused to remove him from the position.  This position affords him the ability to access any apartment in the complex.  Is the ownership liable for endangering their tenants, or, at a minimum, gross negligence?

Thank you for any input!

Answer:
 >  Is the ownership liable for endangering their tenants, or, at a minimum, gross negligence?

You have no damage, thus there is no liability.

You can certainly express your displeasure to the management, and you can try reporting him to the police or his probation officer, if you believe he's violated the law in some fashion.  But no, you have no suit.

Answer #2: I am a RSO like this guy.

He wants nothing to do with you, nor anyone else in the complex. The man is there to do his job, if he wanted to use his keys to get into a house and rape someone which is what you're afraid of he would have done it already.

Unless you've seen any weird/creepy behavior from him then get over it. The man has a job, he's doing everything right as he should be. You kicking up a fuss will just get the man fired.

FYI the vast majority of sex offenses are committed by people NOT on the registry. So statistically he won't be the one who does anything.


Title: Recently inherited a house with a mortgage on it---will I get penalized or forced to do a short sale if I don't pay off the mortgage in full?

Question:
My (30f) mom passed away in January, and left me her house in her will. I also got granted guardianship of my younger siblings (aged 15 and 16), who lived in said house, and now we're all here in RI in that same house while they finish up the school year. We all want to move and I recently put the house on the market.

&#x200B;

So far I've just been paying the mortgage from my bank account ($1100/mo) but I haven't yet informed them that my mom has passed away, the reason being that I'm afraid they'll force me to pay up the full balance immediately or will seize it for a short sale or something. My ideal would be to sell the house, take care of the payoff from the remaining amount of the mortgage, and use the rest to move elsewhere.

&#x200B;

I currently don't have the money to hire a real estate attorney (I should in the near future as I have a second job in the summer) so I'm kind of just guessing as to what to do here. The idea of losing the house immediately and not making any money off of it as my mom wished for us to do is obviously not the best case scenario.

&#x200B;

Basically, I'm looking for the following information:

&#x200B;

\- Am I possibly putting myself in trouble with the mortgage company for not informing them immediately that my mom passed? I've stayed current on the mortgage every month since.

&#x200B;

\- Once they do find out, is there generally a timeline as to when the full balance is due? Despite the fact that I don't mind paying it short term as I have been, I honestly don't want to just take on the mortgage amount indefinitely as there are a few reasons it's better to move out of here. I'm aware that there is some federal protection for people who inherit houses for them to not be forced out but I was just wondering if anyone has a general idea of how these things work.

&#x200B;

Many thanks!

Answer:
 You need to inform the lender of this situation.

Federal law requires them to allow you to assume the mortgage as is in this situation without a refinance or sale. It’s the Garn St Germain Depositary Institutions act of 1982.

However, not informing the lender of the change in title **can** eventually prompt a due on sale clause.

I’m sorry for your loss.Answer #2: Lenders just want their money. Really, it’s that simple. They do not care who pays, just as long as it’s according to the payment schedule.

However, the above commenter is correct - you are under the obligation to let the lender know - plus you need to inform the lender so that any benefits available you by law become things you can claim (such as the mortgage interest deduction on your taxes)  later.

Plus, if you do want to sell it, you’ll definitely need to let the lender know who you are so you can authorize payoffs and the like for closing and settlement purposes.

There may be other reasons why a short sale may be advised or required - say, estate claim settlement - but otherwise, make your payments and sell the house.Answer #3: You should be able to claim social security for yourself as the guardians of your siblings and on each of their behalf. That should be enough to cover the mortgage.

 You should file for social security survivors benefits immediately.Answer #4: Check into the mortgage some have life insurance policies attached to pay off the balance.


Title: A ex friend owes me money and moved away. It's not a lot of money but the principal of it makes me want it back. I'm calling her cell and her work a couple times a day. Can I get in any trouble for harassing ?

Question: Nothing much more I add. She lives 12 hours away and I really want that money back.

Answer:
 Yes, multiple calls a day over multiple consecutive days could be considered harassment. You should either sue her in small claims or write-off the debt.Answer #2: Dude. It only cost you $40 to learn what a shitty person she is. You got the bargain of a lifetime. Any path you took trying to get that money back would cost more. Thank your lucky stars. Answer #3: Yes, calling her excessively is harassment.Answer #4: How much money are we talking about here?

Also what is your location?


Title: why is advising someone to go to the media against the rules in r/legaladvice?

Question: what the title says. i read the wiki top to bottom and i didn't see any reasonsing why. googled around and couldn't find an answer. i'm sure there's a good one, i'm just curious :) thanks!

Answer:
 Because publicizing a case can be a great thing when done as part of a coordinated legal strategy by a legal professional.

If you do it wrong, you can seriously and permanently mess up your legal case.  So we leave the media strategy to the legal professionals we hope OP will hire if appropriate.


Title: What can I do about my horrible neighbor in upstate NY?

Question: I own a condo in Middletown NY with an upstairs neighbor who has been consistently unable to fix a plumbing issue. He is insistent on performing the repairs himself, and over the course of 5+ years, has not been able to permanently resolve the problem. Recently he has torn down a very large portion of the ceiling in the bathroom of the condo, unknown to me when our tenants allowed him to enter. My wife and I have kept records of his work over the years, and we're hoping at this point we can either seek compensation from him, charge him for the repairs to the bathroom, or at least require him to seek a licensed plumber to perform the work and prevent further damage to our unit. Legally speaking, is there any recourse for me or is it just best to keep requesting that he repair his bathtub properly?

Answer:
 If he tore up your bathroom ceiling, he definitely owes you compensation.

This is a matter you have to bring up with the condo board. They may have rules about these matters.

But in general, a person who own a home has the right to do any repairs they wish that don't require a licence in that area. Most plumbing jobs don't (AFAIK) don't require a licence. So long as his repairs (or lack thereof) don't damage your property, you likely have no legal recourse outside of the HOA/condo board.


Title: [CANADA] Dad cheated on mom and is taking all the assets and hiding them, and is trying to sell the house

Question:
Hi, I am new to this, and posting here is kind of a last resort. Any advice would be great.

In short, my mom has trusted my dad with all her finances their whole marriage (over 20 years), and everyone of her paychecks has gone to him, because english is not her first language, so she gave it all to him to handle, since he spoke english much better. He has cheated, and has taken all this money and cut her access to this account. He is now trying to sell the house too, and leave us without a place to stay while he bought himself a new car and jewelery for his new gf. Is there anything a lawyer could do in this situation? He's been taking out money over several months, and no idea where it's going, maybe to another account. Thanks.

Answer:
 Yes, she should get a lawyer right away. If her name is on any of the bank accounts she should still be able to access them.Answer #2: She needs to contact a divorce attorney immediately. Consultations are usually free, and she should take a translator or find an attorney that speaks her native language.

They are very accustomed to finding assets.


Title: I bought an S8 cellphone from a Samsung store in Taiwan then moved to Canada. Just a week ago I broke my phone screen. Today I took it to Samsung in Richmond, BC. They are refusing to fix their own product.

Question:
Saying it was bought in Taiwan and they can't fix it in Canada. Even though it is the same phone and model made in korea and the only thing they need to change is the screen. Can they do this?

Any advice on what i should do next. I told them I still want to send it to them and I want them to reject my claim in writing so I have paperwork showing they rejected to fix their own phone which is less than a year old. I know the warranty is not valid but how can they refused to fix their own product. Any advice will be great.

Answer:
 > I know the warranty is not valid

They can refuse to work on yout phone for pretty much any reason if you are out of warranty. It might just be company policy.

Your best bet is probably to go through a 3rd party repair center.


Title: My landlady gave a few days notice of raise in rent, mid-lease, and refuses to communicate in writing. Missouri.

Question:
I signed a lease in March 2017 with a real estate management company. There is an annual auto-renewal clause. Later that year, the real estate management company stopped doing business with the lady that owns my building. I found out when I came home to a deposit slip taped to my door with note saying this is how I will pay rent going forward.  I called the real estate management company and my contact there said they were not managing any of her properties anymore and yes, I pay to the bank account shown on deposit slip.

A year and a half later, early this month, a note was left on my door from my upstairs neighbor telling me to call landlady. I, wanting a paper trail for all communication, left a note on the neighbor's door advising of my email address and phone number for text purposes. I assumed she didn't see my May rent payment, so I sent a photo of my money order stub and deposit receipt by email to the landlady's daughter. I had previously dealt with her regarding a maintenance concern so I had her email. No response. So I figured that was it.

A couple days ago I received a hand written letter in mail, no return address and nearly illegible, telling me she "doesn't have email or text". I need to pay her personal bank account not the bank account I had been previously paying without issue (though no new bank account info was provided). Also, the rent is going up, effective immediately. She asked I call her.

Today I call her, and I ask for her return address. She refuses to provide. Then she began to complain about how long it took me to call before reiterating the letter she sent. I again asked for return address. She refused. I reminded her I have a lease. She exclaimed "not with me! You will pay my account the new amount or you will leave!" I told her I would seek legal advice and be in touch, before hanging up.

I called legal aid of eastern Missouri. I was advised when management moved from the real estate management company to her company, she was entitled to draft a new lease for me to sign. But, until she produces a new lease, the current lease is still in play. I was advised to continue paying according to lease and into the same account I have been. They found her address and told me to send a letter stating until there is a new lease, I will follow old. I know the address is good because I searched her phone number, turns out to be a landline at the address legal aid provided. I intend to send certified, return receipt.

Legal aid said to call back if/when she responds and especially so if she attempts to evict.

Is there anything more I can do?
Topic:
Landlord Tenant Housing

Answer: No one here is going to have better advice than the lawyer you already talked to.


Title: Are there really places in the United States where it is legal to buy a degree from a diploma mill and use it on a resume?

Question:
I had never heard of this before today and it's blowing my mind.  The extent of my knowledge on the subject is more or less limited to what I read in [the wikipedia article](https://en.wikipedia.org/wiki/Diploma_mills_in_the_United_States) right now.  It says that some states have taken measures against degree mills, but that kinda implies that some states have not.

Is this something that people can actually take advantage of?  Is it all a big scam?  If so, are there legal consequences for the people running these degree mills?

If I go out and purchase an unaccredited degree today where the only requirement is to write some trivial background info on myself, can I start signing my name as "iamabadideaama, PhD"?  Can I state on a job application that I have a bachelor's from Bullshit University or wherever I got it?  I also see mention of exemptions for religious institutions.  So is it somehow more legal if I get my degree in theology from Bullshit University of Christ the Light?

Before you tell me, I do realize that it's probably pretty easy for employers to check whether the degree is from an accredited school or not.  I am just surprised that "not accredited" can apparently mean "literally just sells custom degrees to whoever wants one" in some places.  Is it a terrible idea (in terms of legality-- I'm not worried about being popular) to try this and document/publish my experience with it?  For any state-specific laws, I'm in Louisiana, although I wouldn't mind hearing about other places if there's anything especially interesting to be said.  Thanks!

Answer:
 Use of honorifics is not legally regulated except for monitoring of professional practice (medical boards, Bar associations). You're free to call yourself as a Ph.D. without any degree at all. Nothing makes lying on a resume illegal.

So obviously you can truthfully say you have a piece of silly paper from a diploma mill.


Title: Can an officer write me a ticket after the fact?

Question:
This happened a few days ago in Michigan. I was coming home, and turned onto the "main" road I live on (I actually live off a smaller road, with a nice community on it). I live in a "country" area.

When I turned onto this road, I noticed some people standing off to the side of the road, so I slowed down-probably to around 30. I started to go around them, and sped back up to the speed limit (50). I noticed there was a cop with this group of people, but thought nothing of it, and went home. I don't have a garage.

I was at home for about 30 minutes when I heard a knock at my door. I answered it, and it was the police officer. I stepped outside to talk, and he told me he was writing me a ticket for speeding on that road. I asked what he meant, because I definitely wasn't speeding. He said I accelerated around that group of people, and I didn't exercise caution. I accelerated after I was mostly past them, to get back up to speed, which I explained to him.

He explained that an animal had been hit, and probably by someone speeding, and since there are no posted speed limit signs people need to drive the speed they think is safe. I stated that I drove 50 down that road, because it was a "country" road and it was the same speed as the rest of the roads around the area that do have posted signs. He said he was still writing me a ticket, and that those people wanted him to.

Can he legally do this? He didn't get my license plate information when I passed them, he didn't have a speed gun, and he didn't come to my house until about a half hour after the fact. I feel weird that he went and hunted down my car to knock on my door to do this. If I had a garage, he never would have found out where I lived and this wouldn't have happened.

I can pay the ticket, and I will definitely be more careful around people, but I feel like this is illegal of him to do?

Answer: Yes he can write it after the fact, it's perfectly legal.Answer #2: I think it is safe to say every citation is written after the crime has occurred


Title: (X-post r/Parenting) I think my mother (68/f) is molesting my sister's infant daughter (1/f). What legal action can I take?

Question: [deleted]

Answer:
 Everything you described here can generally be explained by legit reasons.

>The doctor chalked it up to a milk allergy. In my opinion, this doesn't just happen to small children.

Fortunately, nobody needs to worry about your opinion regarding this matter, because a licensed medical doctor's diagnosis holds great weight.

But what can your sister do? Quit allowing a suspected child molester to mind her children. Cut her loose.


Title: Returning an item I already got a refund for?

Question:
I just bought a couple things in person at a store with my debit card. I was charged more than I thought for one of the items, and went back. It turns out the item I had bought costed double the others, because it was a special edition, although the price was not advertised.

Because I had just been there, the person gave me a full refund for the item, and I have the refund receipt so I'm pretty sure it went through. However, the person didn't ask for the item back, and I forgot to give it back. I'm going to be out of the area soon and I also don't think I should give something back if they didn't ask for it (plus they didn't even advertise the correct price). I had given them my email for promo reasons and the sales person just emailed me asking me if I was around because they forgot to get it from me. Am I legally obligated to return this? The item cost ~250$.

EDIT: location is Los Angeles.

Answer: Bring it back.


Title: [Utah] Police found weed in car while driving in Utah. Given citation. Clean record. What can I do and what can I expect?

Question:
We had legally bought a couple joints and some edibles in Colorado. We consumed it in CO, not in Utah. When we were stopped in Utah, it had been 24 hours since we used. I didn't really realize how draconian laws are in Utah, and since I am not a habitual smoker, it didn't even occur to me to really stash the weed somewhere secure. I felt very stupid when we got caught. This is what happened:

My friend was driving. She gets very nervous around police and freaked out when she noticed she was passing a sheriff's car. She was not speeding, but did what I thought was an awkward lane change to get out of the passing lane, and positioned herself in front of the sheriff's car. Sure enough, their lights turn on and we get stopped. Police said they stopped us for failing to remain in one lane (honestly, I don't think that actually happened. My friend used her turn signal...maybe she did the lane change a bit slowly, but that's about it).

I was pretty confident nothing would happen, because we were not under the influence and all of the weed was out of sight. Unfortunately, I made one mistake. The night before, I had left the wrapper of one of the edibles on the dashboard. It didn't occur to me to throw it away as we were being stopped because I didn't even realize it was there. The cop must have seen it when he came to the window. He said "There is Marijuana inside the car isn't there?" I stared blankly. He then said "You know how I know?" Then he stuck his hand through the window and grabbed the empty wrapper. Unfortunately, when asked if there was more marijuana in the car, my friend said "just the leftovers from the night before", referring to the rest of the weed cookies, and told the cops where it was when they asked.

They made it sound like they thought she was high (she wasn't). They then asked if there were more drugs inside the car, and also said "honesty is the best thing you can do". I said "just the marijuana". They then said "we're gonna search the car". I was caught off-guard and wanted to say no, but felt like I couldn't decline at that point. I don't recall giving clear consent..at best I went...."uhhhhh, ok?". But I did step out of the car when they asked. They searched the car and found the rest of the weed cookies, and two pre-rolled joints we had bought, along with the receipt of the purchase. They did not arrest us. They did not field sobriety test us. They told us to get back in the car and wait. They came back and gave us a citation of marijuana possession and drug paraphernelia. My friend, who was driving also had included in the citation "failure to stay in one lane" but this was marked as a "warning" with no infraction given. They also mentioned the bottle of wine we had in the car was illegal because it was brought across state lines (I did not realize this was illegal), but gave us a pass on it, as they said it was a very hefty fine. The cop was like "so you call the court next week or we'll issue a warrant. It's just a class B misdemeanor, at least it's not a class A or felony. You'll pay a fine".

My questions are:

1. What can I expect on my first day of court? I should plead not guilty just to preserve my options correct?

2. Will they offer a plea on the first day, or is that typically reserved for the second court date?

3. I should probably take a plea deal right? Not go to trial.

4. Should I get a lawyer, or will a public defendant suffice?

5. Can my friend be charged with a DUI as well, or get drug tested? Even though the police did not cite us with a DUI?

6. Can our driver's licenses get suspended even without a conviction?

7. What are the typical plea deal conditions for first offenders? Is there a chance the case gets dropped completely with no consequences?

My goals in this are (in order of priority):

1. My clean record stays clean, for job prospects and licensing purposes. I am applying to EMT jobs in a couple months and medical school within a year. I can't have a misdeameanor conviction on my record.

2. My friend is not charged with a DUI (she is a nurse, and can't have that on her record or risk losing her license).

3.  Our driver's licenses are not suspended

4. Eliminate or at least minimize monetary cost (e.g., fines, lawyer fees, etc.). I just moved to SLC and do not have a job yet. I'd rather do community service as an alternative.

Thanks!

Answer: You need a criminal defense attorney. This isn't self help if you want a chance to keep your record clean.


Title: Is it legal to kill someone if they are harming or killing someone else in the same room?

Question: I want to be able to protect people but I want to do it legally.

Answer: (No, this does not mean it's legal to murder abortion providers)Answer #2: This post almost shows premeditation, which would be illegal. You are allowed to use reasonable force to defend yourself or a 3rd party if you feel you or their life are in dangerous. You can only use enforce force to take yourself out of danger in most situations. Everything depends though. Don't go looking for trouble. Answer #3: Generally you are allowed to use reasonable force to defend yourself from harm. That includes deadly force to defend from death or serious bodily harm. It varies state to state, but most states apply the same standard to defense of others.


Title: Trade school I attended will not stop harassing me, even though I told them I am not interested in their assistance in finding employment?

Question:
I will try to keep this short.

A few years back, i attended a certain for-profit school, before I knew that I shouldn't join a for-profit school. I graduated my trade program and found employment, but later quit that job and continued my education through them to get my GE courses done. I later find out that the degree I earned was basically worthless and couldn't be transferred anywhere.

Every few months now, they call me to ask me if I am still employed and if I would like assistance finding employment in my field. The first few times I said I would appreciate the help. And every time they told me to send them my resume and I heard nothing from them until they would call again and run the same script again.

Eventually I got tired of the run around and told them I don't want them to call anymore and I am working a sales job that earna more than I was in my trade anyway. After that, they started to call and email again and again more frequently to ask the same thing. Finally, I snapped and told them to stop harassing me.

So recently, they told me I needed to sign a waiver to tell them that I no longer need assistance and am continuing my education elsewhere (which i am, but I missed my enrollment period and need to wait for the fall). So I finally printed the waiver and looked it over. It says I need to provide documents to prove that I am going back tp school elsewhere and lack of interest in finding work through them does not make me eligible for the waiver.

Since I don't have the documents yet, and wobt until I go back in the fall, I feel sruck. What ib the world can I do?

Answer:
 Assuming you're in the US:

The school is not just harassing you. Trade schools in the United States have to meet very specific criteria for job placement and retention in order to maintain their ability to receive FAFSA loans, etc. Losing that status is what effectively killed ITT, for example.

That said, the school does not have the right to call you forever. Most of these places are pretty small administratively, and the person calling you likely has a list of names he or she has to call and get a status on.

Explaining your situation and telling the school that you are simply not going to be a placement number may help. Also calling the school directly and speaking with someone in administration (not employment services) could get them off your back.

Lastly, if you do any work in that field privately (ie, you learned electrical work and do wiring for friends/family for some compensation) you can tell them you are self-employed. That also effectively clears you from their list (they'll probably even make you business cards).Answer #2: location? I mean, you could pay a lawyer to write them a sternly worded letter. or just filter their emails into your spam folder and use the mr number app to block their calls.


Title: Parent broke into house to take dog

Question:
A friend of mine (A) mother was treating a dog (Tito) very poorly. The mother called and asked A to come check out the dog because he was very sick. A went over and saw Tito was very malnourished, and living in a cage of his surrounded by his own feces. A then asked to take the dog home and care for him, and the mother agreed and let her take him.

We’ve had Tito for a couple days now, and came home to him missing. After freaking out we came to the conclusion she had him. The mother then text saying she wanted him back. We had already spent lots of money on calcium tablets, food, vitamins and bedding to make him comfortable and hopefully get him back to health. He was already more playful and happy.

In order to get the dog they either picked the lock or climbed through the window in our apartment to get him. They do not have keys or access to get in.

Where can we go from here? It is technically the mothers dog, but should not be in her care.

Arizona

Answer: Report her to your county animal services for animal abuse. If you have or can get pictures of what you've described, even better. I have no idea whether or not they'd release him to you because protocol will depend on the county but from my experience most places will be glad for an opportunity to keep their occupancy low.


Title: Is it legal to act as go-between for two people in jail or with no-contact order? (Indiana)

Question:
A friend of mine was recently charged with domestic battery against her husband while on probation for a DUI. This violated her probation, and she's now sitting in jail for a few months until trial because she can't afford to bond out. The state also issued a no-contact order against her for her husband. Shortly after she was arrested, her husband was charged with a DUI while on probation for a domestic battery against her (can't make this stuff up.) His no-contact order was dropped before all of this happened, but otherwise his situation is the same with him being stuck in jail for a few months. She wants to write him, but she can't because inmates can't write other inmates. (She apparently doesn't mind violating the no contact order and says she's in the process of getting it dropped.) She wrote me a letter and, to get around the prohibition on inmates writing other inmates, she enclosed a 2nd letter to him and asked me to mail it to him from my address. She also asked me to do the same for him, receive letters from him and send them to her. I don't plan on doing this, but I have some questions for my general knowledge and for future reference.

I assume that she's committing invasion of privacy if I do send the letter to him, right? But am I also committing a crime by facilitating it? Also, if she does successfully get the no contact order dropped, would I be committing a crime by acting as intermediary for their letters then? If so, what crime?

Thanks.

Edit:

I want to reiterate-- I am NOT doing this. I know it's a bad idea. I'm just curious about the legality of it.

For the tl;dr version, I am really only interested in the legal answers to these questions (not ethics or advice) :

Is it illegal to contact someone on behalf of someone else who is prevented from doing so themselves because of a no contact order? I'm pretty sure it's illegal for the person with the no contact order, but is the intermediary also committing a crime?

Is it illegal to act as an intermediary between two inmates who are prevented from contacting each other directly by jail rules?

Answer: Stay the hell out of this. This is drama you don't need.


Title: [MN] Was sexually assaulted at 18 by 15 year old male classmate. Charged with felony but charges were dismissed. Any hope for a normal life?

Question: [deleted]

Answer:
 If you had been 3 months younger, you would've been charged with statutory rape instead, so it still would've affected you.

You can get this fully expunged off your record, as you received a stay of adjudication, and did not (I assume) commit any misdemeanors or felonies since this time.

Invest in a lawyer to do this, it will not be too difficult given your disposition.

http://www.mncourts.gov/Help-Topics/Criminal-Expungement.aspx

Best of luck, but this is actually a lot easier than you think. You can only have not been allowed to  get it expunged if you were required to register as a sex offender. That prosecutor did you a huge favor.


Title: Paying a $300 ticket by mail. How will I know if it's been received?

Question: Basically I got a $300 ticket for MIP while on Spring Break in Florida while I live in north Georgia. I'm back in Georgia and planning on paying the ticket with cash in the mail and wasn't wanting to risk the letter being lost or just now knowing if it's been paid properly. Not sure if this is the right subreddit to ask, so sorry in advance.

Answer:
 This is the right sub for your question. Before you mail that ticket in with a payment, you need to understand that you are pleading guilty to a misdemeanor. You will have a criminal record in Florida. Do you have the option of appearing in court?Answer #2: You should never ever ever pay with cash.  Use a check or money order.  Check is better, because you'll have access to see when the check is cashed.

If you're worried, send it with a controlled delivery method, either one that USPS offers, or use UPS or Fedex.  Answer #3: Don't ever send cash in the mail, it could be lost or stolen, and is untraceable.

Get a money order (can be bought right at the post office) and send them a certified letter with return receipt so you have a record they received it.


Title: [NC] Inheritance from my grandfather

Question:
I know this might make me seem greedy and heartless but I'll spare the feelings and only talk about the financial aspect of this.

My [20] widowed and decently well-off grandfather [86] has cancer and been given 3-4 months to live. He is somewhat estranged from my mom and has a much better relationship with me and formerly, with my sister [23].

My sister has a lot of problems, including an exorbantly expensive drug addiction for the past 7 years. She dropped out of school long ago and parties with unsavory characters while I've worked my ass off getting good grades and am currently working on an engineering degree from a well-known university.

Both my parents (divorced btw) kicked her out a couple years ago when she started stealing from them to fund her drug problem and my grandfather has been supporting her ever since, getting her an apartment and laying her bills and frankly I have no idea why, she has shown absolutely no gratitude to him and has already blown through an enormous amount of his money on drugs, vacations, and who knows what else and yet he still gives her money to "get her life back on track".

Anyway, I talked to him in person over the weekend when he announced his condition, and said that he was planning on leaving about $360k in investments to be split equally between me and my sister, on the condition that I continue to support her for the rest of her life.

When he told me that I stayed composed and strongly objected to his plans calmly, but inside I felt absolutely betrayed and enraged, angrier than I ever have in my life. She has already blown through tens of thousands, likely 6 figures worth of his money, while I've been working part time in high school and over the summer in college and studying hard. Granted, he sends me generous Christmas and birthday checks of $1000, but I assume he does the same for her.

I don't expect to inherit anything meaningful from either of my parents other than my grandfather's and my dad's parents' property, and I might not be getting all of that either, if they sell it, and so I'm pessimistic about my financial future.

So in other words, this is basically my life's inheritance I'm counting on, and he's only giving me half of what he has after he's wasted so much to her, so basically he's planning on giving her well over half of my money I need for my life. This isn't even accounting for the fact that if I have to "support her" she'll end up taking even more of my money after she inevitably blows through her half in a few years.

I don't really know what to ask other than what can I do in this situation? Is the whole supporting my sister condition of the money actually enforceable or will it be mine for all intents and purposes after he dies? Is there any legal action I can take to try to get more than half, if not all of it? Really I just want any advice on how I can improve my situation here.

Answer:
 > said that he was planning on leaving about $360k in investments to be split equally between me and my sister, on the condition that I continue to support her for the rest of her life.

Wow, what did you do to make him hate you so badly? That's _awful_.

If he proceeds with this, I would generally recommend you disclaim your share of his estate entirely and walk away. However, with nearly $200k on the line for your share alone, speak to an estate litigation attorney before you make any decisions. It may be that the condition is not enforceable, or that his actual will changes between now and his passing.

"Counting on" an inheritance is never a good idea. Nobody owes you their money - not even dead family members. Your grandfather could well still change his mind - and leave you nothing, if he chooses.Answer #2: >  half of my money I need for my life

It's not your money, whether you think that you "need" it or not. If you are uncomfortable with the conditions attached to your inheritance, you can disclaim the inheritance.


Title: Yes, your landlord can search your Colorado apartment for weed

Answer:
 >It all points to one key message, Eppler said: Read your lease.

Half of /r/legaladvice right here.