Title: [North Carolina] Virginia based driver reckless ticket 82mph in a 60mph zone while driving to OBX

Question:
I'm 23 years old, I've had a reckless ticket when I was 18 but did driving school and got it removed (I believe? I've not checked my full driving record before). I just now got this ticket, and 80+ is mandatory representation in court, so I have 2 choices- make a 3hr drive down, or buy a lawyer. Personally, I'd like to go to court myself, show the judge I mean it.

I've heard about having reckless tickets dropped to faulty equipment- my car is due for an inspection, so I will talk to the mechanics to see if they notice anything... or am able to give me a statement saying something about the speedometer.

In front of the judge, I plan on doing the following:

Letting him know I've made this drive for almost 5 consecutive years and do not speed; this particular day I chose to drove early in the morning (leaving around 3am) due to work. (Should I bring a pay stub?)

I've been a full time student, and am 3 credits from graduation (obv don't need to tell him that much detail, but is it worth it to show my academic record?)

I was speeding on a bridge, was a tall bridge and with very few cars on the road I lost track of my speed.

So- what advice can you guys give me? Thanks!

Topic:
Traffic and Parking

Answer:
 Virginia generally dismisses speeding tickets on tall bridges for students less than 10 credits from graduation, so you should be good.

Bring an official copy of your transcript, and memorize your college's fight song in case the judge thinks you're lying.


Title: My friend got cheese under her nail at work but doesn’t have money to get something done about it. Is there any law that forces her boss to pay her doctor visit?

Question:
This is in Florida.
My best friend works at a local pizza chain. She was cleaning out a freezer kind of thing where they keep the toppings cold. As she was cleaning she got a piece of cheese jammed under her fingernail in her thumb. She said it really hurt and a couple hours later she tried removing it with a needle. She couldn’t get all out. She says her finger is starting to feel numb and it really hurts. Her boss tends to be on the cheap side and If she just asked him, he would most likely just brush it to the side. She is 18 and doesn’t have insurance or the money to get it checked out. I’m started to get worried for her. What can she do?  I have a photo if anyone needs or might want to see.

Answer:
 She should go to the closest walk in clinic. They will take her information and give her forms to fill out. On the form the will be a place for *is this a work related injury*. She should check yes. The clinic will then get information on her employer who will be billed through their mandatory workers comp coverage. NAL, but a long time employer. Her company has insurance for this. She will not have to pay.

Edit: She does NOT need to ask for permission to go for treatment. She needs to report the injury to her boss, who will fill out and file required paperwork. Answer #2: This is an injury she acquired on the job.  She needs to tell her boss she wants to file a worker's comp claim.Answer #3: She should tell her boss she got hurt on the job and request workers comp information. The sooner the better for this stuff. They will tell her what doctor/clinic she can go to.


Title: My neighbor’s illegal dumping is delaying me move and costing me moneys

Question:
I was told my first post was too complicated, so I’m going to give it one more go. Sorry. I’m new to reddit, so bear with me.

The gist of the issue is that I rented a dumpster to throw out a bunch of junk as I prepare to move from LA to the Bay Area. NIt was a little less than half full when my neighbor asked if she could throw a few “wood scraps” in. She described them as “too big to fit in the cans, but not enough to be worth a trip to the dump”. I stressed that I wasn’t done filling it, and wasn’t  sure if I’d have enough room. She offered to pay me, but promised that it wasn’t too much, and I hesitantly but politely agreed.

The next day, a man I’d never seen before pulled up multiple times in a white painters van and began dumping large loads of building materials into my dumpster. He was caught halfway through his second load, told to stop, and promptly left. I climbed up the dumpster and saw that he’d almost filled it, and the gates were now barricaded shut by a wall of building debris. I also had to pull out several bags of what would be considered “hazardous materials” that could potentially lead to hefty fines if removed.

I contacted my neighbor, who confessed that the man was in fact her brother in law, but denied that the hazardous materials belonged to them. She made no comment of the amount of materials, only that she was willing to again offer compensation.

I responded by informing her that we could clearly see him on our security footage dumping everything, including the bags of hazardous waste. I told her that I would have to evaluate how far this will set me back, as I wasn’t able finish clearing out my house, and I’m supposed to be moving in a few days. I told her the total cost of the dumpster, and offered several compromises that could potentially benefit us both. I even offered to get rid of the hazardous waste for her if she could reassure me that that was all of it, and there wasn’t anything that I missed. I told her I would need a response soon as the dumpster was to be picked up in 24hrs.

I haven’t heard back from her yet.

After calculating everything out, the minimum I could ask for(if I choose to ignore the hazardous waste I pulled out) is $300, which would only cover about a quarter of the cost to rectify this situation, as I’ve had to delay my moving date because I couldn’t toss my stuff in the dumpster. It would still cost at least another $500 on top of that for me to reschedule my move and dispose of the junk I have left, and that’s if I forget about the issue of the chemicals.

I’m not really in the mood to negotiate. I’m out of time and money. If she refused to agree to $300, I need to know if she can argue that I did give permission at one point(despite clearly being misled)? Does items  matter unloading the van was explicitly told he couldn’t  use it

I’d really like to come to a resolution without involving the police, but she hasn’t responded in over 24 hours, and there were moving trucks outside her house today, so I need to figure something out soon. I can’t afford to have this drag on any longer. My financial resources are minimal, and I’m already on borrowed time.

Any suggestions? I really can’t afford to hang around for a court date, as I have pending commitments up not should I file this under just a lesson learned?

Answer: Couldn’t you just take her stuff out of the dumpster and put it back on her property? You have it on video too, so I would definitely contact the police at least.


Title: (IA) Friend died. No family, no will.

Question:
Yesterday a close family friend died young.   He has NO family.   There isnt a single aunt, uncle,  or cousin.   There is no will.

I am helping get his post death stuff handled - his employer, land lord,  etc.

What do I do with his vehicles?  He has two vehicles.   That's about the extent of his estate.  An old pickup worth maybe 500 bucks.  An old van worth maybe 1500 and that's only because we put a new motor in it last year.   I understand his possessions will "go to the state".  I can't just leave them on the rental property, so. .  Who do I contact?

Answer:
 You want to contact the county Treasurer where your friend lived. That is the government body whom will handle his estate.  Answer #2: You might want to go to a probate court and ask to be named the executor of his estate.  The probate judge would likely have the petition you would have to sign.

[https://statelaws.findlaw.com/iowa-law/iowa-probate-and-estate-tax-laws.html](https://statelaws.findlaw.com/iowa-law/iowa-probate-and-estate-tax-laws.html)

[https://www.legalconsumer.com/inheritancelaw/topic.php?TopicID=20&ST=IA](https://www.legalconsumer.com/inheritancelaw/topic.php?TopicID=20&ST=IA)


Title: My neighbor is putting a gate across my driveway.

Question:
Hello. I live in WA state. My neighbor and I own a subdivided plot of land that has a creek as a boundary on one side. I have a bridge and driveway that goes only to my residence. My neighbor owns the land from the road to the bridge where the creek divides the property. He told me he is putting a gate and speedbump across my driveway on his property and says since he owns it he has every right to do so. He said the gate won't be locked so we'll have access to our property. This property has been in its current state since the 1970s and all the previous owners have been able to access their property without obstruction. The reason he's doing this is because of a complaint my wife and I filed two years ago when we bought the place because he has multiple junk vehicles and RVs with people living into them dumping human waste into the creek.

What recourse do I have? Do I need to be amicable with the guy? I feel like telling him if he puts up a gate I'm going to cut it down with my chainsaw.

Answer:
 Without a full title report and survey for both properties no one can give you a helpful answer.

Hire a lawyer.


Title: VA, USA. Landlord won judgement against me in court and has the ability to seize the funds in my bank account.

Question:
Is it in only a matter of time until they do? And if so, how easy is it for them to find my account? Should I open a new account to   make it harder?

What if the account balance is always very low, occasionally rising to $2000?

Can I open an account in my child's name?

Thanks.
E: I'm not sure why anyone would think I have the funds to pay this company.  I don't. I'm below the poverty line, it's how I got in this position in the first place.

Answer:
 >Is it in only a matter of time until they do?

Yup. Could've even happened already.

>And if so, how easy is it for them to find my account?

As easy as it was for you to make this post.

>Should I open a new account to make it harder?

Pointless.

>What if the account balance is always very low, occasionally rising to $2000?

Some judgements won't allow them to touch anything under $1000, but they can take up to that. Others will take the whole amount and it does not matter if it puts your balance into overdraft.

>Can I open an account in my child's name?

Not going to change anything.

Thanks for the post history hilarity, btw.


Title: My ex girlfriend is pregnant. I'm concerned her actions are jeopardizing her pregnancy and the baby. I just want to help (Florida)

Question:
Hello /r/legaladvice. I have a situation that I could use some help with. My ex girlfriend is pregnant. Our relationship didn't work out but there was no hard feelings or drama or anything like that. I'm excited and somewhat nervous at the prospect of being a dad but some of my ex girlfriend's actions are making me concerned that she is not taking being a parent seriously enough. I don't want to judge her I just want to help. But I'm afraid she is jeopardizing our unborn child.

Some examples of the things she has done: I found out that despite her pregnancy she is continuing her normal duties at work and this involves being on her feet and lifting boxes. She also takes the stairs while carrying stuff. I'm afraid all this work or taking the stairs will cause her to fall and have a miscarriage. She blew off my concerns when I tried to talk with her. I couldn't let this go and I talked to her boss about putting her on light duty. She is upset with me because her boss didn't know she was pregnant yet and we had an argument because she says I interfered. This wasn't my intention as I said I am just concerned about the baby. I also don't like that she won't quit exercising instead of resting and taking it easy. She insisted on doing a paternity test even though the baby hasn't been born yet even though I was okay with waiting. I was so worried she was going to miscarry and upset she was okay with taking such an unecessary risk.

I offered to give her rides to work so she didn't have to take the bus anymore. She turned me down for this too. I am worried she will fall because even though the bus ride is not bumpy and not smooth she insists on standing. I think this is dangerous. I know a great doctor for pregnant women who is at the top of her field. My ex refuses to see her and picked some random guy just because the clinic is close to her apartment. I don't want her seeing a second rate doctor I want the best for my child and my child's mom.

She also told me she wants an epidural or even a c-section. I have read that a drug free natural childbirth is the best thing for the baby. I just want my ex to consider it. When we were discussing a parenting plan she was agreeable to splitting 50/50 but I didn't want to do this right away because I don't want to keep a baby away from their mom while breastfeeding. But ex thinks using formula is no big deal even though breast is best. The other day when we met to talk she was drinking a Sprite. She says it settles her stomach after morning sickness and didn't seem to care at all that soda is bad for the baby.

I offered to buy her a car so she wouldn't have to take the bus with our child after the baby is born but she doesn't want a car. She wants to put the baby in daycare right away and go back to work even though I offered to pay for her to stay home or to live with me (platonically) while I work. But she wants to keep working. I think it is important for a parent to stay home when kids are young, this is what my mom did and my childhood was ideal. She also won't agree to not date or see guys. I want to know that only trustworthy people are around my child.

Like I said I am not judging her and I don't want to bad mouth her here but I am concerned about her actions and how she plans to parent the baby. I already loved this baby from the moment I saw it when we went for an ultrasound. My girlfriend is agreeable to sharing custody, vaccinating and our child going to church and a good school but her other actions do concern me. I don't want to take her to court but I will if it means protecting our child. I will even get full custody if I have to. If I get a lawyer, will I be able to get her to start taking better care of herself and seeing a proper doctor? I am worried because I know it can take time for things to go to court but she is pregnant now. Besides court I don't know what to do to bring her around. I want a parenting plan where she agrees to change her actions but I also don't want to alienate her and further upset her. Please if anyone has advice as to what I can do to get her to take better care of herself and the baby I would like to hear it. Taking full custody is a last resort and I don't want her to feel forced into doing things properly. Thank you /r/legaladvice.

Edit: My location is the state of Florida

Answer:
 You are being crazy and controlling. She can literally do anything she wants. You have zero say in her body.

You need to see a counselor about your control issues Answer #2: By chance did you break up because you were a complete control freak?Answer #3: Either you're trolling or you need a therapist. None of what you mentioned is particularly dangerous.Answer #4: If she were shooting up heroin, I might see where you're coming from, but all of her decisions are perfectly reasonable personal decisions pregnant women get to make. You need to lay off.


Title: Curious about a circumcision case [FL, USA] (Not my own.)

Question:
Currently there is a circumcision case going on in Florida in which two unmarried parents signed a sort of "parenting contract" that specifically mentions their boy will be circumcised. Since that time, the mother has decided that circumcision would not be in the boy's best interest and has recently received a court order for the boy (now 3.5 years old) to undergo the surgery. The judge denied their emergency motion to stay and they have filed an emergency motion for review with the 4th DCA (appeals court).

Sorry if this is not the correct sub to ask this question, but I'm curious what could potentially come out of this case. Would it be possible for her lawyers to argue that neither parent should have the right to cosmetically alter their son's body without his consent? That under contract law, a contract for an illegal purpose is not valid, and they argue that this procedure *should* be illegal? Could it work like that? Could they make circumcision in general illegal?

Answer:
 >  in which two unmarried parents signed a sort of "parenting contract"

The way you're describing it, this sounds like something ad-hoc, but if you look closer you'll see that it's not.  This is a court-ordered parenting plan -- it's basically a custody order that touches on many issues.

Custody of a child can be physical or legal.  In this case, obviously there is joint legal custody.  But when legal custody is joint, it's very important to have a lot of the difficult decisions worked out in advance and court-ordered so you don't have exes continuing to scream at each other when they disagree.

> Since that time, the mother has decided that circumcision would not be in the boy's best interest and has recently received a court order for the boy (now 3.5 years old) to undergo the surgery.

I don't find that way of describing the circumstances believable.

Obviously the father feels pretty strongly about having the child circumcised.  The circumcision clause didn't get into the parenting plan by itself.  Also, circumcision would normally be done when the child is very young.. days or weeks old.  It wasn't, and the parenting plan was signed when the child was 14 months old so obviously the mother objected pretty much from day 1.

So she had already delayed the circumcision for 14 months, and I'm not surprised she has managed to continue delaying things for another 2 years, basically by being in contempt of the custody order.  Answer #2: Link the case, please.


Title: Landlord Decides to Kick Me After I Won't Wire Him $9,000

Question:
Here in Utah my landlord of 10 years asked me if he could have an individual deliver $9,000 in cash.  He instructed me to MoneyGram him around $2500 at a time, 24 hours apart, to Brazil. The apparent reasoning was because that is the maximum you can send in a day to Brazil, I believe.   It was supposed to go to him and three other names.

I said no, I did not want to do that.

2 hours later he messaged me that he got an offer on the house and doesn't think new owners don't want me renting the basement portion of the duplex.  He said he would let me know for sure by Sunday.  I don't even know if I believe him on that front.

I don't think there is much I can do.  But I thought it would interesting to see what these communities think about this. What are ways for me to protect myself? Things I should look out for moving forward? Thanks!

Answer:
 Did he tell you this in person or were you just contacted randomly over the Internet or or by phone or something. Because it sounds kind of like a scam where a stranger could pretend to be your landlord and demand money.￼

That said, if you have a lease he cannot break it even if he sells the place. If you have a lease and he sells it then you just have a lease with the new owners and they can’t kick you out until the lease ends.￼￼Answer #2: It sounds like he may be getting scammed and the scammers may also be pressuring him to sell his house and send him that money too.

Either way, I’d start looking around for another place to stay.

If you have a lease the new owners will have to honor it.

If he wants to evict you he will have to follow the eviction process.Answer #3: If you're month to month, he needs to give you at least one months notice before he kicks you out.


Title: Is it against US federal or state law for a 16 year old to meet up a 13 year old he met online as friends or as a date?

Question: No, I'm not asking for a friend. I'm asking because I'm having [a discussion about this](https://np.reddit.com/r/dating_advice/comments/6sc4kx/need_help_on_what_i_should_do/) with someone who claims that it would be illegal. I really cannot image that being the case, but I'm not from the US so I'm asking here. To be clear, this would explicitly not involve anything sexual.

Answer:
 Not inherently illegal, but someone who disapproves of the situation could easily get the police involved and paint a very different picture of intentions. And there are zero guarantees she will defend your friend under such pressure. Or she could threaten things herself.

If your friend will be crossing state lines, that would take it to a federal level if things do indeed go sideways.

If your friend still wants to go through with it, for his own safety and hers, he should make arrangements so he is never alone with her.


Title: Firing public employee for expressing opinions?

Question:
This may not be the best place for this post. I was sent here by a friend who told me to make a generic account and post. Please feel free to direct me somewhere else if this is not appropriate.

I work at a public institution in the state of Tennessee. Recently a rift has developed between the faculty and the administration. It's bad enough that a blog has circulated encouraging faculty members to initiate a vote of no confidence against our president in an attempt to remove this person from the position. Recently an employee posted opinions related to the current administration and the institution in general on the blog using a real name instead of a pseudonym. Both the employee and the employee's spouse (who was also employed as an upper level administrator by the institution) have been fired since this post. I have a few questions. The first, is this legal? Rather, can employees be fired for the statements they may make as private citizens? What legal rights or protections (if any) do other employees of this institution have regarding expressing opinions about the institution's administration? Is there a way to oppose the current administration without sacrificing employment?

Again, I don't know much about reddit, so I apologize if I broke any of the rules in this post. Thank you.

Answer: Absent an employment contract you can be fired for almost anything.


Title: Threatened someone but apologized later, now he wants to extort me.

Question: So I got into a huge argument with this bully about something and I wanted to fight him. We chose a meetup spot and I was waiting there. He sent me a text threatening to beat me up in a pack of 10 and severely hurt me but I ran away before they arrived because I wouldn't be able to fight 10 people. When I got home, I threatened him back telling him i would hurt him badly or kill him. Then he told me his threat was a joke to see my reaction but then I apologized for what I said because it was a bit extreme. The problem is, he is an asshole, so wants to go to his principal tomorrow (we're in different schools) to get me into trouble with the police. After threatening to tell his principal and the police, I've literally mentioned 15 times in the chat that I didn't truly mean it and that unless he harmed me, I wouldn't do anything but he's not listening to me now. How can I prove to the police that my threat is not legitimate and that I apologized because I had no intent. I'm just a young man and I don't want a criminal record. Under Canadian law in Ontario, what can be done?

Answer: However you do it you're going to get in minor trouble. Maybe a few days suspension, maybe detention. Stop associating with this person. Turn the other cheek and only ever defend yourself when attacked. Feel the need for vengeance? Sign them up for Cat Facts.


Title: How to get a Social Security Card and Birth Certificate for adult born in US at home?

Question:
An adult individual was born in the US at home. Parents never applied for social security number or birth certificate. Adult never attended school—was home schooled. Adult cannot get a job or bank account without ID and SSN. How does one go about getting a SSN and birth certificate if they do not have any of the documents to apply for a birth certificate and social security number.
Topic:
Other Civil Matters

Answer:
 What state? Are the parents/other family willing to help now?

Any medical records? Church records?Answer #2: Was this person born into a cult? Keeping separated from the rest of society like that makes me ask this question.

If so, there are various cult survivor support groups that may have exactly the experience needed to help this person.theyre not the first, nor the last, to have to deal with this sort of identity proving problem.Answer #3: You can [Establish a delayed record of birth](https://www.mass.gov/how-to/establish-a-delayed-record-of-birth). That is likely to require cooperation of the parents, not to mention trying to find witnesses to the birth.

It is possible to petition a probate court for proof of birth. That's going to require an attorney.


Title: Can my downstairs neighbor call the police for being too loud during the day?

Question:
My downstairs neighbor works nights and sleeps during the day. I work from home so I'm always here while he is sleeping. He complained to the leasing office that I'm too loud while he tries to sleep, but he also wakes me up in the middle of the night while I'm asleep.

I'm pretty damn tired of him complaining, and I'm fixing to go tell him to get over it, but is there any legal action he can take from being woken up in the middle of the day?

My previous downstairs neighbors never had a problem, but this guy is being ridiculous.

Edit: We are in Arkansas for reference.

Edit 2: Question answered. Thank you, everyone.
Topic:
Douche

Answer:
 >Can my downstairs neighbor call the police for being too loud during the day?

Sure, he can call the police and complain about the noise.

That said, if you aren't violating any local noise ordinances, the police won't do anything other than tell your neighbor that you aren't violating any local noise ordinances.


Title: Help with my Attorney

Question:
I will try to make this short.

I am located in Indiana and I am 19 months into a chapter 13 bankruptcy. I have akways paid on time and have great communications with everyone. Recently, I am attempting to buy a home via FHA and to do so, I need approval from the Trustee.

Well, last Thursday was the deadline and no creditors objected so, yay! I am now good to go to buy this home as the Attorney said however, I need to wait for the order to be signed via the Judge. She stated it would be done early this week and it's now Thursday and zero response from her :( I should add that in the beginning when I asked, it was always stated as it would only take 14 days, and you would know. Numerous Attorneys there told me this. I also knew from them that it wouldn't be an issue to buy this home as it is cheaper than renting in the long run and I am paying my creditors 100%.

Well, I am supposed to close next Friday and I cannot get ahold of anyone to see what is going on. I messaged them Tuesday to touch base and was told by some random Attorney there (not the one who usually messages me) that, "I need to quit messaging them because asking them every few days wont help anything." I responded back politely just asking for a deadline to tell the sellers. No response almost 48 hours later. I called that day and asked to be called back and that didn't happen either.

What do I do now? I am afraid if I message them again they will just say No and move on. There isn't open business hours so, I cannot just walk in. Everything is done via Law Firm site or on phone certaim hours a day.

How long does it take a Judge to sign this order? I wouldn't have thought it would take that long since it is all done now.. But, I am not a pro so, who knows. I just want to do this politely and in the best way. I am stressing since closing is next Friday and I may have to back out :( thank you!

Answer: Call the judges chambers and see if the motion has been turned into the court. Then at least you’ll know if that was dropped off. If they have it go to the court house and pick up a copy. You shouldn’t need your attorney to do that.


Title: Got Arrested Smoking Weed, Looking for Advice. (xpost /r/trees)

Question:
Throwaway for obvious reasons

Last night I was smoking weed in my friends car and the cops showed up. The arrested us and brought us to the campus police department where they took our pictures and prints. None of what we were smoking was mine, and this was only my second time smoking in my life (and I told them this). I was very cooperative and admitted to everything, and did not lie at all about my answers to their questions. They ended up releasing me from the police department, and I slept in my own bed last night. I still have to go to court though.

One thing the police officer mentioned was that since me and my friend were so cooperative, we might be offered a class to take that would take this off of our record and have us avoid other worse punishment (TASC?). I think this is my best option at this point, but I am not guaranteed to get offered to go through it.

Anyone advice? I really want to get in that class and he said if i continue being cooperative its more likely I'll get to take the class. I could really use some advice on how to approach this situation, since I have never been arrested before, and have no idea what to do. This is in Arizona by the way.

Answer:
 Let's give you a FAQ response to the whole pot thing

"I got caught with ______ should I get a lawyer?"

Drug convictions can screw up a lot of stuff.
your financial aid can be affected

yes - that includes scholarships

your ability to get employed in the future can revolve around the outcome

yes - these charges count

yes - this can impact where you can rent an apartment

yes - this can impact you for years

no - it's not "just some weed" - it's illegal and it's a drug charge

yes - you need a lawyer

no - you can't google your way out of this

no - the cops aren't assholes and this charge isn't bullshit

no - you're not special

yes - I'm serious

yes - you can get kicked out of school for this

yes - call mommy and daddy and get some help


Title: [ca] I received a collection invoice for $1700 from city of Pasadena, Ive never done any business in Pasadena.

Question:
I got this invoice tonight, at 9 after coming home from work for $1700 to be paid to city of Pasadena treasurer within 10 days or actions will be taken on my account, and another 30 had been added to this. I moved from california to new york in July and never lived in Pasadena, never worked in Pasadena and only visited it twice.

This notice comes on a friday evening on Easter weekend which means it will be really hard to resolve in the 10 days.  The letter is dated 3-21. I feel like this is a legal set up, I am not sure how to go about this, I tried calling the number on the letter but of course nobody answered because its after 6 on a holiday weekend.

Im concerned because I was witness to many shady business practices in government when living in Los Angeles county I have no way to come up with this amount let alone in 10 days and there is no explanation of what the amount is for or in reference to. only an invoice number.

Answer:
 Probably a scam? It's hard to believe a city that you've never had a business with would send you a $1700 invoice.

Don't call the number that is printed on the invoice. Google the number for city of Pasadena and ask them about the bill.


Title: [NY] Can a company be held responsible for illegal use of its products?

Question: If I discovered that a person purchased a video surveillance camera and installed it in their bathroom, and I used that bathroom without knowing I was being recorded, I can obviously bring criminal charges against the person who installed the camera. Can I file suit against the camera manufacturer?

Answer: You can, because anyone can file suit for anything, but you won't win unless you find they were marketing that the camera could be used for illegal recording.


Title: Roommate wants me out early, but I've already paid first and last. Any recourse? [Ontario, Canada]

Question:
Long story short our lifestyles didn't really mesh and now I've been given 10 days to find somewhere else since they claimed I'm not covered under the RTA regardless of the fact I paid my first months rent directly to the landlord. My concern now is what happens to A. The rest of my first months rent after the 17th and B. My last months rent. Feel like I'm out a lot of money for this.
Topic:
Landlord Tenant Housing

Answer:
 You can't be evicted by a roommate.  You can only be evicted by the landlord. They might well do that if your lifestyle differences are interfering with your roommate's quiet enjoyment of his rental housing, but I wouldn't make any concrete plans until you hear from the landlord.

I'm fairly certain that eviction proceedings for this would take longer than 10 days as well.


Title: Could I get in trouble if I hand out pamphlets on jury nullification outside of my local courthouse?

Question:
Let me start off by saying I do not actually plan on doing this, this is a hypothetical. Let’s say I find out which days and times people will be summoned for jury duty. I go out and and hand out pamphlets and hold signs in support of Jury nullification.

Would I be protected by the first amendment or could they consider this jury tampering?

Let’s just say I do this in my home state of Kansas if location is important.

Answer:
 I'm going to go against what the other guy said and say "yes, you could."  People have been arrested for passing out jury nullification flyers.

Context is everything.  Informing people in every-day life of jury nullification is fine.  Handing flyers to jurors at a court house can be seen as jury tampering, since the intended goal is to influence their decisions.

Now, I'm not saying I agree with those charges, I'm saying it's happened before.  Multiple times:

It happened in [Michigan](https://www.fox17online.com/2015/12/01/man-charged-with-felony-for-passing-out-fliers-in-front-of-courthouse/), [Colorado](https://www.denverpost.com/2015/07/30/denver-da-charges-man-with-tampering-for-handing-out-jury-nullification-flyers/), [New York](https://www.nytimes.com/2011/02/26/nyregion/26jury.html?_r=4&ref=nyregion), [Nevada](https://lasvegassun.com/news/1996/jun/04/local-man-arrested-on-jury-influencing-charge/), and probably more.


Title: Death of Primary Parent, Custody question.

Question:
I have a hypothetical custody question.

State is Minnesota, Mother has 100% Custody of a minor child (8 years old), Bio-Father has 10% parental visitation, and 50% Legal.  The dad is barely in her life, and on the weekends he would have his daughter, he drops her off at the paternal grandmothers home, and sometimes goes months without seeing her.  The daughter has been in therapy for diagnosed anxiety issues from having to go to her bio-dad's because of things that have happened between her and her step-mother, as well as her bio-dad never paying attention to her when she is there.  The mother is remarried and the step-dad has been more involved with her life than her bio-dad.

The question is, what can the Bio-Mother do to protect her daughter from ending up with the bio-dad in the event that she passes away unexpectedly? Is there a way to will the 100% Physical Custody to the maternal grandparents, the maternal aunt and uncle, or the step-father? The child has a great relationship with her maternal side of the family, and a good relationship with her paternal grandparents.

Answer:
 The biological father is going to have the best claim to custody, no matter what the mother signs in her will. The father would easily be able to challenge that in court. Unless there is a history of documented abuse via CPS or another agency, likely nothing can stop the biological father from retaining full custody.

In this scenario, the maternal grandparents may be able to sue for visitation. I am uncertain of Minnesota's "Grandparents Rights" statute, but the death of a parent is usually a trigger that allows the grandparents of sue for visitation, but not custody.


Title: [Germany] Can I get refund on travel fees after a concert has been cancelled?

Question:
Hey guys,

Me and 6 of my friends went to Berlin, Germany to a Motorhead concert, which was scheduled for 28th November. We live in Karlsruhe (500-600km from Berlin) and booked train tickets for 27th November (departure from Karlsruhe) and 29th November (departure from Berlin). We also stayed in a Hostel (the cheapest one) for 2 nights.
The concert was cancelled on the 28th (on the day of the concert) at 10am, as the concert itself had to took place at 19pm.
I am extremely disappointed due to two main things:
1st - it was cancelled on the same day, giving us no time or choice to reconsider the trip
2nd - We are poor students and the money was kinda wasted - I would not use that money only to go to see Berlin (at least not at that time).
We are, of course, getting refund for the tickets, but my question is if it is possible to get refund for hostel and travel expenses too.
On the tickets is written that they do not cover travel expenses but is also written that we should check if the concert will take place before travelling (in our case, we had no choice) - I know that we could have technically taken a train on the same day as the concert and could have for example checked just right before departure if it has been cancelled, but hey, come on - that would mean that we should have done anything by the minute and everybody knows nobody does that...
I have heard about "Commission for Consumer Protection". Would contacting them help?
The provider, from which we bought the tickets is EVENTIM, but I am not sure if it is eligible to ask them fro travel refunds.

Thanks a lot in advance!
[Germany]

Answer: generally no, you can't recoup travel unless you have insurance or bought a package with such refunds in the terms.


Title: Is a company legally obligated to pay out accrued vacation time?

Question:
My partner works from home (in Wisconsin) as a consultant for an IT company (in Illinois), and due to a lack of redundancy, he has not been able to use very much of his vacation time over the last 15 years, and he has accrued about 550 billable hours of vacation.  Up until recently the company had a policy of occasionally paying out small amounts of unused vacation, to the tune of up to 40 hours every one or two years, so he wasn't in a use-it-or-lose-it situation.  He was very accepting of this situation because he wanted to be sensitive to the cash flow issues of his company, and at his last annual review, he was told that he could get a significant payout after a policy change was announced.

However, the company recently decided that they were switching over to a system where the vacation time wasn't limited, but that also meant that there would be no accruing hours.  They announced that they would pay out the first 80 accrued hours in full, and then 50% for the remaining hours.  For my partner, this is a full $10k difference.

It should be noted that these are based on the billable hours that the company has already billed and been paid by clients.  That is, they are essentially taking the money that clients paid for wages, and taking half for themselves, after they already took their share.

So, my questions: Is this $10k a lost cause because the vacation isn't a guaranteed benefit?  If it is possible to force his company to pay out that extra money, would that end up mostly used for legal fees, anyway.  We are reluctant to stir up too much conflict because, for the most part, this has been a pretty good working situation for him, but this is a really big blow to our financial plans and his trust in the company.

Answer:
 Generally, vacation time that is a form of compensation (i.e., earned) cannot be unilaterally cancelled by the employer. But the employer can (and often does) place conditions and restrictions on its use and forfeiture - as long as those rules are in place *before* the vacation time is earned.

It sounds to me like what your partner's employer proposes would be unlawful. He/she should contact IL's and WI's state labor departments to ask what they can do about it.


Title: Could you just commit crimes with no witnesses and never talk to the police?

Question:
I want to understand more how "don't talk to the police" works.

Lets say you go around in public and punch random people in the face when they walk around a corner with no cameras and no witnesses. The person reports you to the cops and the cops find you a block away and start questioning you. Could you essentially just give them basic identifying info about you but not answer any crime related questions? Would you eventually just get let go?

What if you got home and the police call you(somehow got your number) about what you did and ask you to call them back. Could you just ignore their message? Would it be better to ignore or to call back and tell them you won't answer questions?

And no I'm not trying to learn how to break the law. It's just I've been in situations where someone did something very illegal to me and the cops said "Unless they admit to it we can't do much" because no witnesses or camera recording

Answer:
 If you assualt someone, they are generally a witness to the crime, and could identify you (assuming they saw you during the attack, you weren't disguised, etc.). This is evidence that you committed a crime, and the police could very well question you about this. You don't have to answer their questions, as you have a right against self-incrimination. However, just because you don't answer their questions doesn't just mean they have to let you go. They can still arrest you and try you for a crime.
L


Title: Does Minnesota have a law on the size of a water heater for a rental unit?

Question:
I am renting an apartment in Minneapolis, Minnesota.  The week I moved in I found that the water heater does not work.

I contacted the landlord.  He said that he put in a new water heater and everything should be fine.

It turns out that what he installed is a very tiny tank.  It says on the label it is 3.85 gallons. I looked it up and it looks like its typical use scenario is stuff like small offices for hand washing in restrooms and stuff, NOT living unit scenarios.

The landlord says that it is all he can afford to put into the place right now and he will try to get a larger one in "sometime before winter" which is not soon enough for me frankly.

This water heater is not enough for taking a shower.  I even have a low flow shower head, but water starts getting cold within a minute or 2.  Even if I don't turn it up very hot, by 3 minutes it's just cold water.

I am wondering if there is a legal requirement of how large the water heater has to be? Or is this actually legally acceptable for a rental unit? If it is can I break my lease since this is different than what was there when I toured the place and being able to take a shower is obviously a factor in my choice of where to live?

Answer:
 >244.320. - Hot and cold water.

>>Every kitchen sink, hand lavatory, and bathtub or shower shall be properly connected with both potable hot and cold running water and shall, with normal use, have an adequate supply of both hot and cold water. (Code 1960, As Amend., § 70.050; 78-Or-244, § 7, 11-22-78)

>244.330. - Water heating facilities.

>>Every dwelling shall have supplied water heating facilities properly installed and maintained in a safe and good working condition and properly connected with the hot water lines required under the provisions of section 244.320. The hot water heating facilities required by this section shall be of a capacity and so maintained and operated as to permit, with normal use, an adequate supply of water to be drawn at any required kitchen sink, hand lavatory, bathtub or shower and to maintain the temperature of said water at not less than one hundred twenty (120) degrees Fahrenheit at the fixture. Multiple dwellings containing six (6) dwelling units or less shall be deemed to have an adequate supply of hot water when such multiple dwellings are equipped with a water heater capable of providing twenty (20) gallons of hot water per dwelling unit per hour. (Code 1960, As Amend., § 70.060; 81-Or-063, § 1, 3-27-81; 82-Or-106, § 11, 6-11-82)

[See this](https://www.municode.com/library/mn/minneapolis/codes/code_of_ordinances?nodeId=COOR_TIT12HO_CH244MACO_ARTIVEQFA_244.290DWPLFARE)


Title: Drugs planted ON vehicle

Question: This question is hypothetical. I’ve been told, through the grapevine, that someone who doesn’t like me very well was planning on planting drugs ON my vehicle (under the windshield wiper or somewhere else hidden on the outside) while I’m at work. Then, they planned to report to police they saw someone pick up money off of the car, leave the package of drugs and walk away. There are no security cameras in the parking lot of my work, and you can’t see the parking lot from anywhere inside. This was their plan for getting me arrested. Would they be successful if I didn’t know about this ahead of time? What kind of defense could I take? Besides informing police ahead of time. I live in Nebraska

Answer: NAL: Get a lowprofile dash cam, 4 of them for all sides of the vehicle if able. Many models can cover a wide area with some decent clarity in most situations. Help with taking imagery while you are at work by parking in the best lit areas. Another benefit to this is if you are in an accident where you aren't in fault, or hit and run while parked, you now have evidence that is unbiased and accurate to provide to police/insurance.


Title: A woman that I have never met has been sending nasty and embarrassing letters to me and everyone I know. Do I have any legal recourse?

Question:
So, the title says it all.

Back story: My ex-husband (married 17 years and divorced for almost 12 years. I remarried 4 months after our divorce was finalized and he never remarried) went out with a woman a handful of times. For some reason, he chose to treat this woman like a confidante and told her everything about me, our marriage together, my family and my current husbands family and his marital past (he divorced his now deceased ex-wife and married me 7 months after his divorce finalized).

As you can probably guess, this woman is pissed. Here she is, having this man call her, ask her out, pick her up, take her to a restaurant and sit across the table from her, only to tell her she is nothing and all he wants is to be back with me.

So she starts sending these letters.

The first one is to me, obviously, and all she writes is that I give my ex-husband his balls back.

6 months later, my husband and I, my son, and my ex-SIL get 6 page letters detailing the conversations my ex had with her and certain events that occurred in our marriage and some of my ex-husbands thoughts on certain things (one thing she wrote about was how my ex told her he thought he should have ended up with my sister because she looks better than me). It's frustrating and embarrassing now.

6 months later, my dad and my step daughter get letters saying I am a whore and a home wrecker (she wrote my step daughter that I was the catalyst for the divorce of her parents).

I ask my ex-husband for her name and block her on FB, even though she has never tried to contact me or anyone else via social media.

A year later, she sends copies of these letters to my sister, my aunt, several of my friends, my hair dresser, the church we go to, and my husbands boss. And she includes screenshots of my Amazon wish list (which I admit was public; you could see it without being signed into Amazon) and I had sex toys on there. She remarks that all my husband is good for is paying the bills (I don't have a job. Honestly, I don't want to work).

My husband and I are embarrassed, frustrated, and exasperated by these letters and having to explain to friends and family what's going on.

What can I do? I have blocked this woman from FB, even though she has never tried to contact me via social media or email. She has never come to the house or to my husbands workplace. She has never called.

The letters are not threatening in the least and they are, overall, factual. I mean, my ex-husband even told her about when he cheated on me! He told her so much and I NEVER MET THIS WOMAN!!!

What can I do?

Answer:
 You know that woman, if she exists at all, isn’t actually sending those letters and it’s actually your ex, right?Answer #2: Im getting the feeling this is your ex husband, not the women whose ever directly contacted you.
Answer #3: Depending on your state, you may be able to get an anti harassment or restraining order. That she also wrote to (assuming) minor children to harass them and you could possibly be criminal issues for her too. Answer #4: California recognizes as a tort [public disclosure of private facts](https://www.justia.com/trials-litigation/docs/caci/1800/1801/). You should consult with an attorney as to whether her letters would fall under this cause of action.


Title: [MN] Can I sell handmade products that use someone else's product as a base?

Question:
I want to make things out of glass bottles and sell them through on online store. A couple of example items would be:

* Soap dispenser made from Coca-Cola bottle
* A hookah made from an 1800 Tequila bottle
* A bong made from a Ciroc bottle

Is this illegal without consent from the bottle manufacturers? I intend to keep their logos on the product.

Answer:
 > I intend to keep their logos on the product.

That's almost certainly trademark infringement and likely copyright infringement. Whether these companies would care enough to sue you or not is your real issue.Answer #2: IANAL, but from what I understand about the trademark Coke holds, it's for the shape fo the bottle as well as the name itself.  You would have to sell a product that doesn't resemble anything the company already sells.  It might be hard considering the characteristic shape of the bottles.  The name and logo themselves should probably be removed altogether.

Now in how much trouble could you realistically get?  Probably not a lot if you stay on the Etsy or flea-market level.  Coke is not known to be like Disney on that matter.  Once (and if) you achieve commercial success and most importantly recognition, like getting in stores and whatnot, then it can be problematic.


Title: My volkswagen is broken down (most likely) due to failure in manufacturing.

Question:
Hello Reddit,

I'm in a bit of a bind with my Volkswagen. I bought it used about 4 months ago, when I bought it the car ran great and had no issues. A few weeks later though, the oil pressure light started coming on periodically. I took the car into a certified Volkswagen dealership and they claimed there was metal in the oil that was blocking the oil pickup. They quoted me $10,000 to replace the engine! I decided to leave with it and drive it until it died. A few weeks later it did die, and when it did they removed the oil pan and found an oil pan bolt inside the oil pickup. The car only has 65k miles (and is out of warranty) and the oil pan was never removed to my knowledge. The oil pan bolt appeared to be oem, and it was an extra. The only reasonable way this bolt ended up in that oil pan was that the manufacturer left it in.

Well, the Volkswagen regional service rep responded yesterday that they would do absolutely nothing to help out with repairs. Has anyone encountered a similar problem? Is it time to file a lawsuit? I already have a lawyer looking into the situation but id like to know reddits response.

Thanks for any help guys, I really appreciate it.

Answer:
 So let me get this straight:

This was a used car.

Your oil light came on and you drove it around for a bit before taking it to a dealer to have them look at it.

You balked at the price and did not take it elsewhere for a second opinion.

You chose to "drive it until it died."

It predictably died and NOW, outside of any warranty, you want Volkswagen to pay for the fix?

Sorry, I think this one's all on you.


Title: Can I drive my husband's car? VT

Question: My husband is flipping out and arguing with me (no physic abuse) and now he is telling me I cannot drive any vehicle because they are all in his name and he took my name off the insurance policy.  Insurance company said that I'd be covered if he gave me permission to drive it.

Answer:
 If the insurance company says they will cover you with permission, then they will cover you if you have permission to drive his car.

However, if he isn't giving you permission, you've got a *lot* of assorted problems...


Title: During a reference check for a now-current employee, her former employer disclosed medical information

Question:
I was recently in charge of conducting a search and hiring someone at my company. After interviewing a young woman we thought would be a good fit for the position, we decided to call her references.

It was the first time I've had any responsibility for hiring someone, but luckily HR gave me a sheet of questions I was to ask and not deviate from. I did this for the first reference and it went fine. But for the second reference she had listed, the man on the phone informed me (without my prompting) that the potential hire has a medical condition of a mental nature, and proceeded to give a rather negative review of her performance.

I informed our HR of this, and they were disturbed, but simply told me to reach out to the third reference on the list. After receiving a positive reference on this call, we decided to hire the woman.

She's worked with us for several weeks now and is a good employee. But the more I think about it, the more it bothers me that her former employer told me what he did.

I informed him at the beginning of the reference check that whatever he disclosed was confidential, but I'm wondering, is there any legal way to inform the now-employee about the nature of what her former employer said in the reference check? Is what he told me legal to tell someone in a reference check? I live in California.

Answer:
 OK, so a few things:

1) There is nothing illegal or questionable about the reference providing negative information, including mental issues and so on -- assuming that information is true.  In fact, if you do provide a detailed reference, you can be liable for failing to disclose material facts like that.

2) There is also nothing illegal about you disclosing that information to the employee, but employers are generally protected from liability for defamation, unless they act with malice.

3) The employee does not have anything actionable right now.  Even if the statements are untrue and defamatory, you still hired her, so there are no damages.  You might just want to let her know that the previous employer provided a negative reference without going into specifics.

http://www.nolo.com/legal-encyclopedia/california-reference-law.html


Title: (Illinois) I was robbed during my job as a pizza delivery driver. Is my employer obligated to compensate me.

Question:
Some more background information can be found here: https://np.reddit.com/r/jobs/comments/6nijm7/should_i_feel_obligated_to_ask_my_job_to_let_me/?st=j571f9xx&sh=64e84f39 and here: https://np.reddit.com/r/jobs/comments/6iqb8k/i_was_robbed_while_delivering_pizzas_at_night/?st=j55td729&sh=a4402ddbhttps://www.reddit.com/r/jobs/comments/6iqb8k/i_was_robbed_while_delivering_pizzas_at_night/?st=j55td729&sh=a4402ddb

But the gist of the situation is that I was robbed and my car and several belonging was stolen.  I recovered my car, but I feel like I need to be reimbursed for the the costs of getting my car back and replacing several of my stolen belonging.  But so far, I am not getting the help I need.

I just feel like I am not being supported the way I need to be supported. I've asked for help, but got no response.  I sent the unit/district manager receipts, but it has been more than a week, and I have heard nothing.  How many times should I ask again?

Answer: This should be covered by your auto insurance. You did let them know you were using the car for business purposes and have the policy adjusted accordingly, right?


Title: I purchased nudes from another adult and after stopping, she said she’s going to report me to the police

Question:
Hey guys, I don’t know where else to go to get help on this but here we go.
About two weeks ago, I saw a girl on Snapchat (she is NOT underage, she’s 19. I’m sure of it) who said she has a premium Snapchat. I added her and started purchasing personal nude pictures from her. After spending a good amount of money, I realized I didn’t want to continue anymore as it was a lot of money and she wasn’t the nicest person. I decided to go cold turkey and just block her on all social media and from my iPhone (she has my number). I got a text from a different number today, presumably her, saying that she’s going to report me to the police.
Is there anything here that she can hurt me with? We’re both consenting adults and I’m not posting the pictures all over pornhub or something. Any help would be great.
Additional info; I live in Texas and I’m pretty sure she’s from Florida
Topic:
Computer and Internet

Answer:
 Buying nudes from an adult is not illegal.

If there’s not something significant unmentioned here I guess my response might be “go for it.”


Title: Teenagers were in my shed, what happens next?

Question:
Hello, this happened in Québec.

This morning I noticed there were 3 teenagers in my shed and I called the police to have them removed. The police arrived and asked them to leave, so once that happened I went outside and spoke to him. The officer told me he gave them a warning and took all of their information and to call if they were to come back. Literally minutes after the officer had left I looked out my window and noticed one of them back in the shed and the other 2 noticed me, the trio began to walk away and I quickly took a clear photo of them. I phoned the police and walked out the front of my place to see the officer was still there. I showed him the photo and he was surprised they came back. Now I have court to testify against them. He spoke with my neighbour too, so that should help.

Nothing was stolen because the shed was empty but there were plenty of cigarette butts by the door, and police said they had nothing illegal on them.

What I'm wondering now is what happens next? I assume the officer goes to their homes and tell their parents about what they did and I'll receive a letter in the mail for my court date?
Topic:
Canada

Answer:
 You can expect that you'll receive a subpoena in the mail, yes.

Trespassing charges in Canada generally progress from "warning" on the first offence to "summary prosecution" on subsequent offences. If the accused are minors, it'll ultimately be handled by your province's youth justice system, so they'll likely be looking at probation and fines, not juvenile detention, unless they have a _substantial_ criminal past already. If convicted, their records will be sealed a few years after their sentences are completed.

Your testimony is likely to amount to "yes, these are the teenagers I saw in my hard," in some detail, and not much else. All that's really needed is evidence that they were deliberately on your property without your permission, and you have that.Answer #2: They've hidden their 'stash' in your shed and want it back.


Title: Can I get arrested at an airport

Question: I have an arrest warrant in Finland; my question is can I get arrested if I have a connecting flight through an airport in Finland? Also, as it is part of the EU, can I get arrested in another EU country?

Answer:
 > can I get arrested in another EU country?

Very important part and yes you can be arrested and if an arrest warrant exists, no matter in what EU country you run to.

Actually, I'm surprised nobody pulled you aside in the airport yet.


Title: Landlord is allowing other tenants to use my washer and dryer in my basement on my bill and calls it a minor inconvenience

Question: I rent an apartment in a 3 apartment building, the washer and dryer are in the basement so I'm not down there often but I just found out the people on the second floor don't have a washer and dryer and have been using ours, which they said the landlord told them to do. It's on my electric bill, and they've been doing it for a while now. Anytime I've heard laundry going I just assumed it was my roommate. The basement has outdoor access which is how they've been using it, and then direct access to a basement bathroom and my apartment via a door that can't be locked. I confronted my landlord about it and he called it an inconvenience and that the rent was going to be more expensive but because of other people using it he had actually lowered it before I moved in, but never once mentioned it even in the lease. Is this is any way legal? I'm a Pittsburgh resident, if that helps

Answer:
 So these belong to you and he's letting others use them?

Or they are in a space designated as "yours" on your lease, and others are accessing without permission?

Or both?

If none, please clarify.Answer #2: If it truly is yours, cut off the breakers to the washer/dryer area. This will keep others from using it. Even if it is not yours, he can't have it on your power supply anyway, so still turn the breakers off when you're not using them.Answer #3: It is actually in your apartment? If so, no the landlord cannot allow other people to have access to it.


Title: [WA] Condo banning vehicles over a certain length

Question:
My mom recently bought a condo and was told recently that they passed a parking restriction banning any vehicles over 17.5 feet unless the tenant gets board approval. She drives a dodge truck that is around 21 feet long.

She’s now very worried since there is no public parking anywhere and she is disabled with a handicap placard and needs her vehicle. What are her options in this situation if she is not given approval?

Thank you

Answer: Is her truck specially modified for her, or is there some reason she needs to have a 21-foot long vehicle due to her disability?  Just having a handicapped placard on its own doesn't give her special rights beyond parking in designated handicapped parking spots.


Title: How do I get my Apartment company to evict a drug dealing roommate? [Florida]

Question: I have circumstantial video evidence that my roommates boyfriend (who is trespassing for sure) is dealing drugs. I've made management aware of the situation and of my evidence but have not presented it. What are my options?

Answer: Your roommate's boyfriend is a guest. He can't be evicted. He was invited by a tenant. Ask your roommate not to invite him over any more, and if he is dealing out of your house, call the police.


Title: Employer refusing health coverage for common-law marriage spouse [TX]

Question:
Posting on behalf of a friend.

She is in a common-law marriage with the father of her child (together for over 6 years). Her husband's employer (large company, think big-time theme park) offer health coverage which covers spouses. They refuse to acknowledge their marriage as legal, despite the fact that they legally have to divorce if they separate. My friend has had to purchase separate insurance for herself and her son but was paying $280 a month for her son while still not getting the coverage she needed for him. She was advised to apply for Medicaid, so she did. They then discovered that she is legally married and her spouse's employer offers insurance for spouses and children, and have told her that they have to withdraw her son's Medicaid because he and my friend should be covered by her spouse's insurance. Employer is still refusing, saying it is not a valid marriage and they don't cover it.

*I should add, the employer told them that they only cover common-law marriage if it is a same-sex marriage.

What should she do?

Answer: Would heading down to the courthouse and pick up a marriage certificate and make it "official" be an option for them?Answer #2: Just because the state may recognize a marriage as valid doesn't mean the employer or insurer is required to. The need to get real married.Answer #3: Why does she believe she is common-law married to him?Answer #4: They probably have to record the marriage somewhere for most employers to recognize it.  Still CL married, but need to make a record of it at the county.  Too much room for fraud otherwise.


Title: [FL] Bought a house 6 months ago. Just received a water bill today from the previous owner. Water company threating to shut of utility and place a lien on the house?

Question: The title kinds of says it all. Closed on a house on August 1rst. Everything was supposed to be settled via the settlement process. I received a water bill yesterday, 6 months and 1 day after we bought this house, for the previous owners usage. The water company is aware that this is for a previous owner but they want that money from me or else they will shut off my water? The bill is for 300 and change which is added to my usual bill, which is about 90 bucks. Who do I give this bill to, the title company? Or do I have to hunt down the old owner and sue him?

Answer: Did you switch the utilities over to your name when you bought the house? Did you pay any kind of connection/account activation fee?


Title: Dealership trying to take back new car after 10 day period expired. [CA]

Question:
I need some help here.
(All events/transactions occurred in CA where I am also living with a valid CA address.)

I purchased a new car on 5/27/17. My credit is poor but my income is high so I qualified for a loan with a high down payment and a trade in. After being approved, I worked a better deal with the dealership to simply put more money down and not use the trade in. We agreed, signed all the paperwork, I drove off the lot with a brand new car.

My first payment is due 7/11/17. I've been trying for the last few days to enroll online and pay my loan but had no luck. Kind of panicked, this morning* I emailed my dealership for some help and then called the financeer who tells me that I have two loan open - one that's expired and one that's declined.

I called the dealership immediately who tell me, 'We've been trying to get a hold of you, we need the car back immediately. The financeer sent back the contract when the trade-in was pulled from the table. Bring the car back today or tomorrow. By boss just told me about this this weekend and said we need to get the car back from you.'

I responded with, 'No one has attempted to contact me about this. I have emails from my salesperson asking me how my car is over the last few weeks but no emails, calls, texts, or postal mail regarding the contract or financing. I will not turn in the car until I speak with the Director of Finance.'

They told me the Director will be in in the morning and will call me first thing.

I'm not really sure what to do here. This happened to me last year when trying to purchase a new Mazda and that dealership had mailed certified letter rescinding the contract on the 10th day so I was obligated to return the car. Need some help.

tl;dr - Dealership could not find financing 30 days after signing the contract and is asking for the car to be returned. Do I have any rights?

Edit 1: added 'this morning'* for reference

Edit 2: I checked my contract and I never signed a spot delivery form or anything that said the contract was dependent on finding financing. The only thing that says anything with regards to a void contract based on lack of financing is the standard Sellers Agreement.

Answer:
 Your purchase agreement/contract almost certainly has a clause that if the financing falls through, then you can't keep the car.

The customer service/communication here may be poor, but you absolutely need to return the car and/or find new financing.


Title: District of Columbia says i owe them money in taxes in 2011 when i was in the military at the time with a residency of KY. I can't get a hold of the office of taxes there, and they told me they've sent the notice before, so the 500 i owed is now 1300, i'm scared they won't get a hold of me.

Question:
So as the title says, they said they notified me of this before, even though they haven't, and i had fees attached to the 500, it's now 1300.

I called them 2 days ago, the automated voice lady said it'd be a 2 minute wait, 10 minutes later the "on hold" sounds stopped and everything went silent. So i called back, and the same process happened. Called back again and they said it'd be 5-10 minutes, leave name/social/phone number and they'd get back to me.

Well they haven't gotten back to me.  I have 7 pages of my tax return/cover letter for them with my case number on it proving i was in the military so i believe i'd be exempt of their claim but i don't want to send it when no one is near their fax machine since it has all my information on it.

What should i do if they take my money before i even get a chance to tell them i am exempt?

Also, i'd like to ask if i am correct in believing i'm exempt to this.

Answer:
 Yes, you should be exempt. California is notorious about this too; as long as your federal return has a mailing address in CA they will send a notice every year saying you didn't file your CA return and need to do so; even if you're a resident of another state.

You just need to keep calling until you actually speak to someone. I'm sure it happens a lot, so they're used to dealing with it.

Of course, this only applies to income tax, not things like property taxes if you own property.


Title: (MN) Psychopath is 8 months pregnant and suddenly claims I'm the father, what are my options to protect the baby from her?

Question:
I am 27/m. I know I should get a DNA test, and I will, but I'm wondering what my options are here.

She is a very unfit mother and will be extremely destructive to a baby. She also lives with her father who is a known abuser and sex offender.

She has felony convictions for selling cocaine and meth; and she also was in jail for physical assault and battery of a 14 year old girl and a 19 year old girl when she was 23. If I were allowed to name people on here, I would post the arrest record for both her and her father. She also apparently has "mild schizophrenia and borderline personality disorder" according to her friend.

Why did I sleep with this woman? She's an amazing liar and I didn't know any of this until two months after we started dating. I don't do background checks on everyone I meet.

I knew she was pregnant and was scared, but knowing it could be my baby she makes just like her has me completely freaked out.

She has posts on Facebook with an ultrasound picture of "My son (name) <3 He looks just like his daddy, (name of guy she lied to about being the father before a DNA test proved otherwise)."

She is seriously mental.

I know it's too late for her to get an abortion, but can I legally pressure her to either put the baby up for adoption or to grant custody to me or someone in my family who really wants a kid?

Answer:
 You can ask her to do whatever you like with the baby, but she has no obligation to do so.

First, get a DNA test and pray it is not yours.  If it is yours, you can petition for custody.Answer #2: You need a family law attorney in pretty much any case.

If you can prove the circumstances you are describing, you'd have a case to try for sole custody of your child, at least until she straightens herself out (which motherhood often but not always encourages).

If you're unwilling to care for the child, you have an interesting and challenging argument.  In my state you would probably be limited to using CPS to determine that she is an unfit parent, but probably would not be able to influence where your child ends up next.  A willing grandparent or blood relative would be possible but it would probably be up to CPS.  And remember a blood relative means hers as well as yours.Answer #3: You can't force someone to put a kid up for adoption.

You can file to have paternity tested as soon as the kid is born. If it's yours, you can then file to have custody of the kid. If it's not yours, you can move on with your life. If the kid is in danger with the mother, you can contact your state's CPS department and report any issues (but they should be current issues, not that she's done things in the past).


Title: Kid Diddler is my Domestic Abuser

Question:
My legal caregiver recently abandoned me after a big fight we had about his failure to fulfill his responsibilities.

I made him my  power of attorney shortly after I met him due to some extenuating life\-and\-death circumstances I was facing at the time.

Over the several years we lived together, it became easier to call eachother boy/girlfriend to simplify legal and social issues.  During those years, he also  coerced me into financial and legal decisions, even becoming physical a few times.

After he left an Adult Protective Services worker visited me, but was unable to help mostly because of my age. Shortly after they left, I was served with a temporary injunction \(that was denied\) and to get his stuff.

On one of the phones he left behind, he had a social media account that he had previously given me the password to. On the account I found many, MANY instances where he solicited or shared sexual images with teenage minors.

I immediately turned them into the police, and filed a restraining order since I fear retaliation. I called my local domestic violence shelter who offered to refer me to a legal advocate, and house me for 90 days. I took them up on these offers, but they failed to refer me to the advocate pr attorney allowing my ex\-caregiver to contact the advocate first.

Even though my power of attorney is only effective when I'm incapacitated, he was able to use it to drain my bank accounts, and is preventing my from getting car insurance or renewing my registration.

He is heavily armed and was dismissed from the military due to mental health issues, has been voluntarily hospitalized and doesn't take his medicine or follow up.

His injunction was approved at the hearing based on the fact that I refused to drop mine after the judge suggested that we were having a "lovers quarrel".

What can I do to defend myself from further harm and to fight back against the roots he's strangling me with?

Answer:
 You need to provide a location. What do you mean he is/was your legal caretaker? Are you disabled or somehow lacking in capacity?  The logical thing to do here is just completely remove this person from your life.  Open new bank accounts if you have to.Answer #2:

There are several issues at work here, all with different solutions.

You gave the phone to the police.  What happened? If the answer is nothing, then the STATE police get a call.

The Local domestic Violence shelter gave you the number to a legal advocate right?

So, contact them again, explain the situation.

>He is heavily armed and was dismissed from the military due to mental health issues, has been voluntarily hospitalized and doesn't take his medicine or follow up.

The FBI may take an interest in him, ESPECIALLY with this part: "On one of the phones he left behind, he had a social media account that he had previously given me the password to. On the account I found many, MANY instances where he solicited or shared sexual images with teenage minors."

The FBI will be VERY interested in that bit as well. Contact them, and see what they say.  Since it may go over state lines, this is VERY MUCH their territory.

Answer #3: Consider contacting:
http://www.disabilityrightsflorida.org/
They don't deal with guardianship or legal issues, but could probably point you towards an organization that does.Answer #4: Florida Adult Protective Service Workers should be the ones who can help you.  If he drained your accounts that may have been a breach of his duties but I am not certain.  I would revoke and get a knew power of attorney.  I would talk to the bank to see if they can do anything about him taking your money.


Title: Is this conversation grounds for legal action?

Question:
I work at a bank in Osceola MO. This morning, when I got to work, an envelope was in the night drop addressed to my manager. My manager was at the other branch she manages, and I asked her if I could open the letter. I already knew that it was an employment application for a different bank in Bolivar MO. As far as I know, my boss isn't actively seeking other employment. She had mentioned to me a while back that a disgruntled former employee (We'll call her Bozo) was telling her about an opening that was coming up at the bank in Bolivar.

My boss knew I was interested, because Bolivar is a much more convenient location for me than Osceola. So she didn't care if I applied. While filling out the application, I noticed that it asked what position I was applying for. I didn't know what position was available, so I called the bank to ask. They were rather surprised that I was calling because the position had just come open yesterday, and it wasn't even posted yet.

When I got off the phone with them, I got a call from my boss telling me that the disgruntled former employee had texted her, telling her that I called to ask about the position, and that I had "some balls."

Later that same day, I found out from out loan officer that the disgruntled former employee had texted him, telling him about my inquiry. He screen capped his conversation and sent it to me. Because of the timing, it's a little out of order, but you should be able to get the concept.

Bozo: Okay we have an opening downtown and I dropped an app off for Julie. Koko took it upon herself to ask for an application too.

Loan Officer: Bwahaha, that's hilarious! Oh, [Name of] Bank?

Bozo: Yep! (LOL face) Needless to say, it's being shredded. I told them I'd quit if they hire her. And I'm the princess. hahaha.

Loan Officer: Are ya now?

Bozo: Well, I'm getting sent downtown to manage the place until they hire someone, so yeah. (LOL face) They don't deal well with her kind at my job. Lol

[End conversation]

My question is, can I take legal action on this?

Answer:
 your post is really confusing.

but you and your manager both applied to same position?  and the person who left made fun of you if you tried to apply?


Title: Considering a divorce from my husband. I would want a simple dissolution; he would rather hire an attorney and make sure I end up with nothing (and possibly even owe him money)

Question:
Due to some poor choices on my end of the marriage, my husband and I are considering getting divorced. We are both gay males; I'm 26, he's 30. The TL;DR is that I was chatting with some guys on a hookup app and got caught; prior to that I was sexting previous hookups behind his back, which he also found out about. I admitted fault to betraying his trust, however I never physically cheated on him, just "digitally" so to speak. In any case, it's starting to become a pattern, and marriage counseling hasn't been particularly helpful.

He makes double what I make, and when I moved in he did not expect me to pay him rent (he owns the house and pays the mortgage). I pay for utilities and for the car that he co-signed for (but does not drive). During our conversation last night he hinted at hiring a divorce lawyer to make sure I end up with nothing and possibly even pay him back for the rent I would have owed. Additionally, he said he would also keep the car, which I expected. I suggested that a simple dissolution of our marriage would be a lot easier as we don't have any kids and very little other possessions together, but he either feels vengeful (rightly so) or is attempting to scare me into staying with him.

The truth of the matter is that I was never big into the idea of marriage but he convinced me that it was necessary to be in a relationship with him / he would leave me if I failed to "fully commit". Red flag, I know, but I was not doing well financially at the time and only agreed out of convenience/circumstance. 1.5 years later I've grown bored with having a life with him as I feel I'm ultimately too immature to continue such a large commitment and may eventually fully cheat. If it matters, there is no longer any intimacy in the relationship and I've lost all desire for sex. Due to him being borderline emotionally abusive, I've tried to leave him before (packed up all my belongings after he left for work) but didn't really think it through as I had left in the car that we own together.

(My apologies if this is starting to lean too much toward a r/relationshipadvice post) I guess what I'm trying to ask is, how can I lessen the storm of shit that may be coming my way? I have over $5k saved up for any necessary costs, but this is literally the most amount of money I've ever had, thanks to constant entry-level/retail jobs and not-so-great financial habits. Since I would also have to buy a new car and find a new place to live, I can't really afford to lose those savings. I don't mind staying with him a few months longer as long as I can fake it, but I feel very trapped with him, like I have no way to make my own life unless he's there helping me. I understand I have no one to blame but myself, but I'm determined to become fully independent instead of codependent, like he clearly is.

EDIT: This is in Florida, though we got married in NY--though I understand that doesn't matter as we are permanent Florida residents.

Answer:
 Time to start looking for an attorney. Have A consult. They can give you a realistic view of how things might fall outAnswer #2: The whole "hire a lawyer so you get nothing" is bs - sort of.

In general divorce laws are pretty straightforward.  The only way "you get nothing" is if he hires a divorce lawyer and you don't.

So, hire a divorce lawyer and relax.  you will have the financial stress but it will be to your financial benefit in the long term.

For example:  You seem to think that you are going to lose your car.  That shouldn't be the case at all.  Depending on various things you may also be entitled to get equity in the house.

Spending money on the lawyer is what is going to protect your finances here.


Title: Can I leave my house without parent permission?

Question: [deleted]

Answer: If your parents choose to call the police, the police will return you to them, and if you are found somewhere where marijuana is present, they will probably take you to jail instead. Your parents appear to have your best interests in mind. Listen to them.


Title: Can my employer require me to use my personal phone to conduct work business

Question:
I am a salaried member of management. I was required to be on a conference call 2 hrs prior to my shift start at my job. I have to use my personal phone because I am not provided one. Phones are provided to all management except the supervisors.  I frequently use my phone for work related calls.  Do i have to use my personal phone for work business? Can i be in trouble if i don't? If I use it for work, do they have to reimburse me?

Located in Maryland

Answer: You didn't provide your location, but if you're in the US you can't be forced to do anything you don't want to do when it comes to your job. But they don't have to continue employing you. If you are fired for this reason you would likely be eligible for unemployment. Absent a contract or other agreement, they don't have to reimburse you. You may be able to claim a portion of your monthly bill as an unreimbursed business expense but that has to be over a certain % of your AGI (can't remember the number off the top of my head) so if this is your only unreimbursed business expense it's unlikely to reach that.


Title: College accidentally transferred in more credit than I earned. Due to this mistake, I am now eligible to graduate.

Question:
Hello,

Several years ago, I went to one college and did not graduate.

When I left the first college, I began attending a community college. I sent them my transcripts and they input my courses. They had mislabeled on of my courses.

I recently saw the mislabeling mistake and called the school requesting it to be corrected. Instead of correcting the original course, they simple *added* the correction, therefore adding in an extra course.

I was not eligible to graduate until this mistake happened.

I recognize there are ethical ramifications here. I am unclear on the legal ramifications of mentioning this / not mentioning this?

Thank you for reading.

Answer: If you submit for graduation and it is granted based on credits not earned your degree could be revoked later when they find out, and when they discover you were aware or should have been aware they likely can deny you the option of returning to complete the credits. Answer #2: Not even kind of worth the risk.Answer #3: At most universities when you actually apply for graduation they will do a full audit of your credits and they will probably catch this mistake.


Title: Step-Parent seeking contribution from the biological parent

Question:
Hello, posting from Ontario, Canada.

I am a step-parent of three years to a nine year old girl whom my wife had with her ex boyfriend. My wife and I also share a child together of two years. I have fully supported this family and the biological father has paid maybe $600 total over the entire course that I have been in a relationship with my now-wife. To give context, I make about $53k per year on average, and my wife makes about $16k. I suspect the bio father makes about $45ish.

My wife refuses to pursue legal action against the biological father to pay child support. My home expenses are roughly $3000 a month, and my family (my mother, myself, my father) have basically helped clothe, feed, and provide a home to my step child. The bio father provides little to no support. Always forgets or has an excuse not to pay support. My wife previously threatened legal action, and they informally and verbally agreed upon $200 a month. Needless to say, he has rarely and inconsistently paid anything even after the verbal agreement.

Am I legally able to initiate a legal action against him for child support? All of the results I found online were post-divorce, but I am still married. Please advise, thank you!

*edited to clarify situation

Answer:
 Your wife has an agreement with the father.

If you thought that the amount that they agreed upon is low, you were free to discuss that with your wife before they made the arrangement.

You cannot leap frog over the wife to invalidate the agreement that she made with the father after the fact.Answer #2: You can't but your wife can.


Title: [Illinois] Father Seeking 50/50 Custody of Newborn

Question:
My ex-fiancee decided in October that she was no longer happy. Despite my best efforts to maintain a family, she moved out of our home we bought last December and in with her parents 10 minutes away. She took our now 8-month old son with. Things have been mostly amicable for the sake of our son. We have been going to a family counselor to work on co-parenting skills and discuss scheduling complications. Our schedule currently looks like this:

- I see my son 6 days a week.
- On MWF I go to her parents' place at 6:00 and we both help with the feeding and bedtime routine. I leave by 8:30.
- On T & TH I pick him up from daycare and we spend time together until 6:00 when we repeat the feeding and bedtime routine.
- On Saturdays I pick him up at 10am and return him to mom at 10am on Sunday. This is my only overnight. I then don't see him again until Monday evening at 6:00.

Keep in mind he is currently still breastfeeding. He has started solid foods, but we mostly avoid formula when possible. When we conceived we decided he would breastfeed until he was ready to ween himself off. Of course circumstances have changed and I feel spending equal amount of quality time with both parents has taken precedent over breastfeeding. Mother doesn't necessarily see it that way.

We agreed to this schedule together and have stuck to it for 6 weeks now. Once he weens himself off of breastfeeding we would shift to a 50/50 shared custody arrangement and file it with the courts ourselves.

Today at our family therapy session she discussed wanting more space so she can move forward in wrapping her head around the separation. She suggested on Tuesday and Thursday that I don't stay to feed and put him down and just drop him off. This is time with him I consider sacred. I'm at my breaking point. The current arrangement clearly favors her and I worry she will continue to chip away at it.

If I file for 50/50 custody to begin immediately what is the likelihood it will turn out favorable for me? Will it backfire and I'll spend even less time with him than I do now?

I'd rather not go down this road as his mother will likely go nuclear. It would cause a fissure in our co-parenting relationship for years to come. But if she continues to devalue and decrease the amount of time I spend with my son I feel like I'm left with no choice.

We live in a very very very large city in Illinois if that helps any.

Answer:
 Not a lawyer. Have experience in family law in IL. Generally, parenting arrangements favor breastfeeding mothers of infant children for obvious reasons. Having a court ordered visitation schedule is the only way to enforce your rights to parenting time. I am unaware of any judge in Illinois that will force your ex to let you into her home for two hours five days a week. Answer #2: > I feel spending equal amount of quality time with both parents has taken precedent over breastfeeding.

Your child eating is more important than your child spending time with you. Solid food is more a source of amusement than nutrition for up to a year.

I seriously doubt you will get 50/50 physical custody of a child this young. 50/50 legal custody is what you're shooting for here. You're in a tough spot as court ordered visitation will likely not be 6 days a week, but on the other hand it she'll be unable to alter it further. However, although you may lose out on time spent with your child, a court ordered custody agreement will prevent her from just deciding to move away and taking the kid with her.

You say the custody agreement favors her, and that may be true, but this is not a her vs. you situation. The custody agreement should favor the child. You may disagree about your child's needs, but at least give her the benefit of the doubt and assume that she's acting in *what she believes* is your child's best interest.


Title: Neighbors trying to shut down charity-funding Christmas display on house

Question:
For the last 8 or so years, I've helped a family in my church put up a Christmas display where the lights are automated and blink to music. They live in a decent-sized house in a nicer neighborhood in a Midwestern city in the US. There are several other houses in the city that do this as well, but they're the only ones on this side of town so they're a pretty popular spot for the party buses and pretty much everyone else. If you don't know what these displays look like, just google "Christmas house light show".

Today I got a frantic call from the mom of this family saying that she got an email with a very "legitimate legal-looking letter" attached. It was from her immediate neighbors (who are lawyers) giving her a very specific and onerous set of requests regarding their display. I've yet to see the letter myself but she listed some of their requests as:
-Remove the address and family name off of your Facebook page and website
-Direct vehicles on nights with high traffic to prevent people from blocking driveways with their cars
-Prevent vehicles from playing the music loudly (they tried to turn the bass down in the songs that are played but that doesn't stop people from turning theirs to the max)
-Clean up trash that accumulates after busy nights (I've never seen anything more than the random glove or disposable cup or two at the worst, which they do their best to clean up anyway)
-If these demands aren't met BY THE END OF THE WEEK then they should expect legal action (like what?).

They then listed a number of legal cases supporting their claim that the decorations are a nuisance and are causing them distress. Included in this list are other displays that were "shut down" because it was deemed "disturbing to the neighborhood". To me it seems like their aim is to have the display shut down as there's no way the donations would fund all these requests and still have something left to give.

For a bit of context, the show consists of 4-5 songs that average 2 minutes each (shortened for time) and they typically run the show daily from 6-9 on weekdays, 6-10 on weekends. They have a donation box where people voluntarily donate money which is given 100% to the local family shelter and food pantry. The music is put out via FM radio, so there aren't speakers that blast the neighborhood. I hear of people that drive their out-of-town family members over an hour to come watch the show and I get numerous accolades about how awesome it is when I tell them i help with setup and take down.

The offended neighbors moved in a few years ago and have RARELY if EVER come by in a "neighborly" fashion as I hear. This is the first time this family has ever heard directly their grievances about this. I figured if they have an issue why not just talk like people rather than hide behind legal action? Maybe that's just me.

So what do you think: is the show doomed?

Answer:
 https://www.reddit.com/r/legaladvice/comments/a0qhxr/neighbors_upset_with_traffic_from_our_christmas

Looks like your friends have posted as well.Answer #2: First up, google those cases. If they're all from other states, it's a sign that they're just trying to be scary. That said, you should get go see a lawyer who knows both local nuisance ordinances, but also case law on how it's applied.


Title: Adoption Agency Messed Up. How to proceed?

Question:
Location: Maryland

The Situation: My siblings and I were each adopted as infants - we are NOT biologically related to each other. We were adopted through the same agency (in 1986,1989,& 1991 respectively), but our lives were in no way connected before being adopted into the same family. In 2015 I was contacted by a case worker from the agency. She said that she was taking over my case and found a birthday card in my file; would I like to have it forwarded to me? I replied with an eager, "yes" and I received a card signed by my bio grandparents wishing me a happy birthday. I'm the investigative type, and since they did not black out their names (all names on my adoption paperwork have been sealed and blacked out) it didn't take me long to track them down online and then track down their kids, one of which I presumed was my mother. However, the info I found out about them didn't match up with the very sparse info I did know about my bio family.

I ended up just letting the search go, and got on with my life, but I cherished the bday card and sort of accepted these names to be my family members - albeit confusingly. Skip ahead to last night my sister and I start chatting about our bio families and I mention the names in the card. She starts crying and becomes very upset, she says, "Those are MY grandparents! They send me a card every year, but they missed that year, I never knew why!" I gave her the card and she confirmed their handwriting & names. I then had to tell her that I had accidentally found HER biomom back in 2015 when I investigated the card. My sister matched the biomom fb info to what info she had of her adoption record - and it was a definite match. So I "lost" a set of grandparents, and my sister "gained" all this info about her bio family that she wasn't necessarily searching for.

The question: I want to take action, but I'm not sure how to proceed. Our records our sealed, but the agency has proved that they made at least one mistake - I desperately would like to know if they have made other mistakes. I could very well have correspondence waiting for me in one of my siblings' files! Can I force the agency to audit our files with us present? Do we have a case for emotional distress?

TL;DR: Adoption agency sent identifying information to the wrong adoptee. The fallout was extremely distressing; how should we proceed?

&#x200B;
Topic:
Custody Divorce and Family

Answer:
 You don't sue for emotional distress, you sue for *intentional infliction* of emotional distress.  I see no reason to believe this mistake on their part was intentional, so I think that's out.

As for the audit, again, I don't think your emotional distress factors into it.  You normally wouldn't be allowed to be present for an audit of confidential files, especially confidential files that concern you.  You may be able to force them to do an audit without you present, but then again they would probably willingly do so when you tell them about the mistake and the trauma it caused you.

Answer #2: Have you tried asking them if you/your siblings can review their records? Or how this mistake may have happened?


Title: Cracked came out with an article today that lists off-the-wall legal conclusions. Do you think that the law was handled properly in those instances?

Question:
http://www.cracked.com/article_22268_5-utterly-insane-legal-arguments-that-actually-worked.html

Do you think the Judge in any case was off his rocker?  How would you have handled being the case from either side?

Answer: I don't think anyone can really give a solid opinion since we don't have the full facts of any of the cases, just biased and sensational news snippets. The news often mischaracterizes the facts or law of lawsuits. See: McDonalds "hot coffee" case.