Title: Is getting arrested and charged grounds for future rejection at the border for an immigrant with a valid visa?

Question:
I am on an F-1 student visa.

I've got arrested (as I was told "you are under arrest" and handcuffed for like 5 minutes) and charged with three non-violent misdemeanor charges, the court date is way way ahead in the future and the conviction, which will most likely not even happen as the charges are minor, theoretically will happen in late February. Got a lawyer and everything, but my lawyer is a criminal defense one and without any immigration law background, he told me I might experience deportation at the border if I leave the United States for Christmas and try coming back but he is not sure.

 For now, my main concern is whether or not I can leave the country for a couple of weeks without jeopardazing my future in the United States? I will talk to an immigration lawyer soon but I would love to know preliminary opinions as I have got to mentally prepare myself to spending Christmas alone 10000 miles away from my family and friends.

Again, I was just arrested and charged. No convictions, no prior record, no proof that I am even guilty.

Thanks!

Answer:
 Your criminal defense attorney should have access to immigration resources and attorneys. S/He should look into that.

What state and what are you charged with. Please no factual details related to the crime.

Depending on what state you are in, you are advised at the time of plea that a conviction may result in your deportation, exclusion, or denial of naturalization. I know you say there is no evidence indicating you are guilty, but forgive my skepticism. It's part of my job. You haven't seen the evidence yet.

You should consult, or have your defense lawyer consult, an immigration attorney. The arrest alone, depending on what it is for, could result in exclusion if there is a pending case. This is made worse if you are excluded because you could miss court, get a warrant, then get arrested at the border on the warrant. I doubt a judge would let you bail out after hearing you failed to appear and then were apprehended at the border.


Title: [NJ] 90 year old Grandpa was scammed out of ~$150K by Jamaican scammers and was approved for all sorts of credit cards, lines of credit, and a home equity loans. What do we do?

Question: [deleted]

Answer:
 Step 1: call the policeAnswer #2: Speak to an elder care attorney who is familiar with these type of scams. You have a lot of balls in the air. I hope you have at least closed down the credit card accounts and set up an alert in case anyone tries to open new accounts in his name.

If it were my grandfather I'd not pay the credit card bills, declare bankruptcy to try to get rid of the unsecured debt (at 90 I don't think he has to worry about the hit on his credit report) and get a POA over his finances. However, I again stress you speak to an attorney more knowledgeable about this.

The home equity loan is another matter that is going to take some work. And don't sell the house to pay off unsecured debt.

tl;tr - spend the credit card money on a lawyer


Title: [PA, USA] Can you, and should you, report almost getting hit by a reckless driver in a crosswalk?

Question:
This may be a stupid question, but I'm asking because I'm a bit shaken up and angry.

About half an hour ago, I was crossing a street in a crosswalk and almost got hit by a car. It was a three way intersection, and the road I was crossing had the right of way, the perpendicular road had a stop sign, and I was crossing on the right of the perpendicular road toward the perpendicular road. The major road was two lanes with a center turning lane running the length of it (even though there are no turns that use it).

        crosswalk ↓
    ------------------------------------
                ║
    --------------          ---------
                  |      . | <- driver
                  |        |
                  |        |

Traffic was clear enough for me to cross, so I started going, the driver at the stop sign on the perpendicular road pulled out accelerating quickly. I saw she was looking down so I hurried up, but she turned so sharply that she was turning into the center lane and I actually had to jump to avoid getting hit.

She flipped me off, rolled down her window and screamed at me, and I just gave her a bewildered look.

In my opinion, it was reckless driver because she wasn't paying attention, didn't yield the crosswalk, and was in the wrong lane. I got the license plate, a description of the car, a description of the woman, and I was close enough to her that I could even read the logo of her workplace on her shirt.

Is it worth going to the police? If they'll send her a fine or something for driving like an asshole, I'd want to report it, but if they're just going to take the report and do nothing, it's not worth my time or theirs.
Topic:
Traffic and Parking

Answer: If you want to report it, report it. Sometimes the police will ticket somebody for something like this. Whether or not they will is anybody's guess. Did you get her license plate number?


Title: Car buyer reported cashiers check as lost or stolen, still has car and we have no idea what to do.

Question:
My wife and I sold my car! Yay right? We took care of the entire process from the test drive through the sale in about 4 hours. We went to the BMV and had everything taken care of there, 100% legally. We have the title as the bill of sale for the car, with the amount listed etc and we have the fact that the check was cancelled. We called the police of the county where we live and we decided to wait until we get in touch with the proper departments of ours and their banks.
Also we have cancelled the car insurance before realizing the car might have been stolen. Any ideas on when a claim on that is valid? The date we handed over the keys? The day they cancelled the check? The day we report it as stolen?
Thanks so much everyone. We are totally in knots over here!!
Edit: Sold car in Ohio, USA

Answer:
 A cashiers check can't be cancelled. It's the bank standing behind the check, not the individual person. That's the whole point of cashiers checks. Something is not right with your story.Answer #2: The whole point of the cashier's check is that it is not from the person. They have already paid the funds to the bank and now the bank's cashier (hence the name) has written a check to you from the bank itself. The person has no legal ability to cancel it and they are considered guaranteed funds by the Federal Reserve.

It's possible that it was actually a different kind of check that you mistook for a cashier's check, or possibly even a counterfeit cashier's check. Ask for clarification from the bank that turned you down as to what exactly happened. In both of those scenarios it won't be easy, but at least you'll know what you're dealing with. If you went to the BMV with the people, hopefully they can assist you or the police in tracking them down.Answer #3: sue for value of car and fraudAnswer #4: Could you please add an edit explaining carefully what you mean by 'cancelled'? I have heard some people use that interchangeably with 'cashed', which would probably have a big impact on the answers you arr receiving.


Title: Woman living in parked car on street in Oakland, CA community; no recourse to encourage her to move.

Question:
Posting on behalf of a coworker who doesn't use Reddit.

One of my teammates lives in in Piedmont (Oakland, CA / Bay Area). For the last few days, a Honda sedan has been parked on the street directly to the left of the end of her driveway. At first, she didn't mind it and thought one of the neighbors might have a guest. Then, her nanny told her that she saw a person sitting in the front seat of the car. The windows were fogged up. The next day, my coworker's husband saw the person move to the backseat. Coworker and husband have 2 young children, so they have been closely monitoring the situation.

After 3 days of waiting and observing, my coworker called the non-emergency police line. Eventually, two cops came and spoke to the person in the car. It's a middle-aged woman. The cops told my coworker that the woman is homeless, so they gave her a flyer listing local homeless shelters. The police informed my coworker that under local law, it is not illegal to live in your car. So, unless the person is doing something otherwise illegal, she cannot be asked to move.

My coworker made sure to contact her neighbors to give them they update; several neighbors also have young children and noticed the parked car.

We were all a little perplexed when we heard this story over breakfast. My coworker is understandably concerned about the safety of her house, her kids, etc. In theory, any number of people could live in any number of cars parked in any neighborhood in Oakland? Is there really no other recourse to encourage this woman to move her car / residence?

Thanks for your help!

&#x200B;
Topic:
Traffic and Parking

Answer:
 The police told your coworker the woman was there legally. What recourse beyond that would you imagine could be given?

I work with the homeless population professionally, and was once homeless and deeply delusional in my early 20s. Your coworker's property and children will be perfectly fine. She's homeless, not rabid.

Unless she trespasses or starts soliciting, just... leave her alone. Leave homeless people alone. Answer #2: Oakland has a lot of churches that allow homeless people to park in their lots. Many provide security guards, portable toilets, water, and more.

If you want to help, get the addresses of the closest 5 places & give the information to the homeless lady, suggesting that it may be safer for her to park there than on the streets. If you want to see if your neighbors want to be helpful, too, take up a collection for her.

To get you started, here are a [couple](https://sanfrancisco.cbslocal.com/2019/03/16/oakland-churches-offer-overnight-parking-homeless-living-cars/) recent [articles](https://abc7news.com/society/parking-program-for-homeless-to-start-at-oakland-churches/5201576/).

If, on the other hand, you & your neighbors want her gone because you don't want to look at a homeless person, then you're on your own.


Title: Starbucks intentionally shut down my account with $1200 loaded, won't adjust

Question: I'm done here. Thanks for nothing, guys.

Answer:
 >I bought them a month ago, all from various ebay sellers

That needs to be at the top. So they are likely fraudulent. You can try and track down the EBay seller to sue themAnswer #2: OP's post history has me questioning if there is not details being left out.  Large involvement in resale of digital codes under market value.  I'm seeing 50% under market value for some of these goods.Answer #3: Accept that you got burned by some eBay sellers.  Pursue any remedies available through eBay.  Perhaps approach Starbucks with the much more reasonable position that if there were any legitimate funds that got caught up in your account being zeroed out, you'd like them returned.

Starbucks simply isn't willfully or recklessly negligently canceling balances so they can pocket $1,200 (which is pocket change to them).  If they were, you could expect national news stories over such an event.  They have a reason for believing the balances were fraudulent and they're almost certainly right.  Answer #4: > In the 40 minute call, said the cards were fraudulent (they weren't)

Well, luckily you bought the cards and kept the receipts if you paid cash or have the credit card records if you paid with a credit card. Take 'bux to small claims court and get your money back.

> I bought them a month ago, all from various ebay sellers.

Stop buying stolen goods.


Title: No progress on case for going on six years.

Question:
I was in an automobile accident in 2010 (other person's fault, they were insured) and retained an accident attorney in Washington State. Over these past years he has continually put off dealing with my case due to his own personal issues. Getting close to the 3 year mark, I asked him to please get it settled so I could move on. He hemmed and hawed around until he finally notified me that he had missed the deadline to settle - would now have to file a lawsuit and if I didn't agree, all would be lost. Of course, I didn't have a choice but to agree to proceed. He then said he would need $1,000 immediately which was my entire savings. Since then nothing has happened. Each time I contact him he has another reason he can't deal with it right now. This was supposed to be settled without my having to put any money out, and he was to be paid a percentage of the settlement. A friend made me aware that now he is able collect an additional percentage on any settlement I receive AND I will have to continue to pay him more cash up front since he defaulted on the deadline to settle and moved it into a lawsuit condition. I am NOT knowledgeable in these things, which is why I hired a lawyer. I feel completely stupid and like maybe I've been duped. I need some good solid advice on how to approach this now, without losing more money which I don't have. I have outstanding medical debts I need to pay and would like to get some compensation for the injuries I sustained. But right now I don't know how to proceed. The last time I contacted him, he had yet another situation that he was in the middle of and said he'd get back to me. That was more than 8 months ago. I live paycheck to paycheck, struggle with anxiety, and this has caused me many sleepless nights because I know I need to do something, but I have no idea what it might be other than to keep contacting him, which has given me no results. I feel like I have no understanding or power over the legal process. I would be eternally grateful for any advice that will help me get this resolved as painlessly as possible.

Edit: From what I can tell from some paperwork I received from his office at the end of 2013, a lawsuit WAS filed, that's what he wanted the $1000 for. Apart from the last email communication I initiated to him at the beginning of this year, and his response that he had yet another issue else going on, (and his assurance he would get back to me the following week...which he didn't) I have received nothing else from him at all.

Answer:
 I don't know if I'm entirely following the factual scenario here, but regardless, failure to keep your client reasonably notified is an ethics violation, and missing statutes of limitations is a common ground for malpractice claims.

What's the source of the "deadline" to reach settlement?Answer #2: This smells of malpractice to me. In WA you have 3 years to file a lawsuit for a car accident; there's no deadline to settle a case out of court. It sounds like he missed the statute of limitations and now he's just brushing you off. I would look for a consult with a malpractice attorney.Answer #3: You need new representation on two issues:

A) Your automobile accident

B) Your claim that your current counsel is ineffective.

Source for free legal advice in Washington State: http://www.washingtonlawhelp.org/

Repeating from the sidebar: Attorneys everywhere usually offer low-or-no cost consultations.Answer #4: At the very least I would report him to the relevant associations.


Title: Caught father cheating. Can I threaten the mistress to keep her away from my family?

Question: My father was recently caught cheating with a mistress. She continues to attempt to contact him through email and text message despite him changing his number. Am I legally able to threaten to tell her husband in exchange for her never contacting my father again?

Answer: Legally? That’s probably not a good idea.


Title: [TX] One of my business partners claims to have bought majority share in our company and is demanding that I sell my shares or buy his.

Question:
In 2017 me and 4 others founded a C Corporation as equal 20% partners. It was created using LegalZoom and since then we've never done anything aside from filing our required tax forms as such.

Fast forward to today and one of the partners who has a personal disagreement with me has claimed to have purchased the shares of two of the partners leaving 3 owners, him with 60% ownership and myself and the other with 20%. He is telling me my two options are to buy his shares at a value equal to his initial investment ($30,000) minus any outstanding debts ($17,000), or to sell him my shares for my initial investment ($0) minus any outstanding debts ($17,000). Additionally he has asked me to stop doing any and all work for the company immediately.

My question to legaladvice is can he even do this? In our company bylaws, we've never established rules for buying/selling shares or adding/removing shareholders. Can I just forfeit my shares of the company? To be clear on my intentions, I have no interest in doing business with this person anymore after the way he has chosen to handle himself so I would like to leave the company.

Answer:
 When a majority shareholder tries to "force" minority shareholders
 into a situation like this, the minority can file a shareholder derivative suit (on behalf of the company) against the oppressive majority shareholder.

Short answer -> No. He can't force you to buy or sell stock (or do anything else).

**You need to consult with an attorney.**

Source -> Was party to a lawsuit with a similar situation. *(The majority shareholder lost)*Answer #2: > has claimed to have purchased

I'd reach out to the other two partners first and make sure he's not just lying about purchasing the shares.


Title: Did [22M] I rape [17F] her?

Question:
Throwaway for obvious reasons. So, this incident happened a couple months back and it didn't occur to me that it was rape until I contacted the girl again to apologize and ever since it has been eating at me. I don't feel like I am a rapist, but I know I've been a terrible person.

So, I was in a long term relationship and a host of problems developed in it. I had a lot of issues, which I'm now working on, and it took a toll on us. It also affected our sex life and selfishly after trying to work through it for a long time and not making progress I began to cheat with a coworker of mine. She had no sexual experience before me, but we had a very strong attraction to each other.

Over the course of a couple months we progressed to having sex with each other and had played around with eating her ass and fingering it. She actually was really into the ass play unlike my girlfriend at the time. Similarly, before we started talking she didn't really have much experience with alcohol and she had started drinking around when we started our affair. She liked having a couple drinks, although we didn't really drink together.

So basically we both had the day free and planned to get a bit drunk together and have sex. She stated that she consented to vaginal sex as long as I made sure to use a condom and that she wanted to do more anal play. So, since she had work that night, we planned out based on her weight and everything how much she could drink and then be below .08 bac by the time she had to leave for work.

She came over, we drank a glass or two of vodka soda each and I'm not sure how much she had. This was over the course of about an hour and a half. Then we stopped drinking and started to fool around and have sex. We had sex (with the condom) and then cuddles for a bit and watched a show together. I'm not sure how long after this was but I remember still feeling buzzed and horny and so we started to fool around some more and I decided to play with her ass. She was moaning and into it, and laying on her stomach. I put some lube on my dick and started lubing her ass with my finger and she continued to moan and I remember asking if I could fuck her in the ass. We both had never had anal before but she was really enjoying anal stuff with me and I had always wanted to try it. She said yes and then I slowly stuck myself in and we had anal. I remember pulling on her hair a bit and asking her to say where my dick was and her smiling and saying it was in her ass. I didn't use a condom. I came in her ass and she didn't really realize what happened until later.

So we finish and I'm giggly from what just happened. That was a first for me and I was happy. She seemed really happy about it too. I remember us laying there talking about how surreal it was especially because it was more pleasurable than vaginal sex for her. There wasn't any pain and we talked about doing that together more often. Somewhere in this time frame my girlfriend pulls up way early and I attempt to hide her and get my girlfriend out of the house but she finds my co-workers bra and all hell breaks loose. The coworker was hiding in my loft and heard my girlfriend break down. Yeah, I know, I'm a shitty terrible person, I have learned my lesson there.

After that I cut contact with my coworker a couple days latter and we said goodbye to eachother. I never even thought that scenario might have been rape. So to give context she does have panic attacks and she had one right after we got caught and I think took a Xanax later I am not sure. I know that panic attacks or xanax don't mix well with alcohol and would make her feel more inebriated than she would normally feel. Anyways, so recently after working on myself I contacted her again and appoligized. She's since reblocked me and I can't really contact her. But she told me that she thought I might have drugged her because she felt way more intoxicated than she had previously when drinking and that she didn't remember a lot from before getting caught. She also said that I had raped her because she wasn't able to consent to the anal sex and hadn't given prior consent for that like she had vaginal sex and anal play.

I didn't feel she was too drunk to consent in the moment. I thought we were both tipsy to drunk but not like drunk to the point that we couldn't think clearly. Idk how to describe that. But I would agree her ability to consent was impaired and that she hadn't given explicit prior consent to anal. I guess what I have problems processing is that we both had a really good time and were really happy about it. Like we wanted to do that more often after and it wasn't until we got caught that anything became negative. It didn't feel violent or like I was trying to take advantage of her or anything. We both intended to have some fun sex while drinking and it went further than we had initially planned but a lot of things happen in the moment with sex you don't plan out and it didn't feel like we were so out of it that we couldn't think straight, it just felt like we were more willing to do something we already wanted to do?

I guess I'll leave it there. I'd appreciate if you focused on what happened and not the cheating aspect. I just need help from other people to process if I'm actually a rapist too.

We are in the US and age of consent is 16.

Answer: Don't furnish minors with alcohol and then have sex with them. It's illegal and skeevy at best. At worst, it's illegal and you're a rapist.


Title: I got beat up and handcuffed by the police for doing nothing

Question:
I was in a parking lot in Edmonton watching YouTube videos on my phone. A Cop van pulls up behind me. He walks towards my vehicle and outside my window. I grab for the keys to put in the ignition and roll the window down.

When I grabbed my keys, he pulled my door open yelling get out of the car. I asked why he pulled open my door, Get out of the car, I asked if I'm being detained, get out of the car.

All of a sudden every door has been pulled with them yelling at me to get out of the car. The one Cop grabs me by the arm and drags me out. I asked if they have the wrong guy in a more panicked tone.

My head is shoved into the ground. I got 5 cops on stop of me. One says stop resisting and I said I'm trying to move my left arm to my back. It was stuck under my stomach. One of them pushed my thumb back, I was worried it would break. Another Cop booted me in the head multiple times. It was 3 minutes until they put me in handcuffs but it felt like forever. I was scared I might die. This was without a doubt the scariest moment of my life.

Back in a van I go. They said something about how my license plate or vehicle or something came up in their system, which doesn't make sense because my driving record and criminal record are completely clean.

We go to the station. They say they'll give me a promise to appear for WILLFUL OBSTRUCTION & RESISTING ARREST, and that I would be in cell shortly then they'd drive me back to my car. They offered phone call and I said no, thinking that they would release me sooner.

Before I'm put in a cell, I hear on their radio that a vehicle is hitting pedestrians on Jasper. This was the first I heard of the entire situation, not knowing about the incident that occurred prior, with the officer getting stabbed and the ISIS flag.

An hour in my cell later, and I'm released, being given the promise to appear. For Fingerprints and Court. They drove me back to my car after.

I took pictures of my injuries immediately.  My right eyebrow and cheek were swelled up. Chin has a mark. Mark under my right hairline. Left Thumb is sprained. I noticed they have cameras too in the parking lot.

What case would a lawyer have here? Would a lawyer be able to obtain video footage on my behalf? What kind of settlement could occur in favor of me?

EDIT: They also searched my vehicle while I was in the van. My stuff was all over the place when I came back.

Also found out today that the cameras in the parking lot were not functioning. They need repair according to the manager. Which means no footage.....

Without that, will my pictures and medicals still be helpful?

Answer:
 Go to a doctor right now and have a medical evaluation performed. This can be your primary care physician, urgent care, or the ER. Get it down as fact nowAnswer #2: Also be careful discussing on the internet. I didn't go to your profile or anything but you might want to stop.Answer #3: You put your keys in your ignition to roll down your windows.  That's what you were thinking.

Cops were thinking, we are on high terror alert, here is a vehicle that popped up on the computer as something to investigate, and as we walk over to speak to the driver, he grabs the keys and puts them in the ignition.  Cops believed you were trying to flee which is consistent with the erroneous information where your vehicle came up flagged.


Title: Is it possible to get a refund from my college if I'm unhappy with a graduate course I was required to take? (Massachusetts)

Question: [deleted]

Answer:
 COLLEGE IS NOT A CONSUMER GOOD.

I wish people would stop making this idiotic comparisons.

Your university likely has a withdrawal deadline for full (2 weeks, usually) and partial (6-7 weeks) refunds. If you failed to drop the class by that point you have no grounds to drop/refund.

You can complain to the department head about the course itself, and work your way up the chain (associate dean for graduate studies would usually be the next stop), but all that's going to do is get intervention into the course itself.

Also, and I say this to be nice, but why the hell are you paying for graduate school to begin with. I say this in all sincerity, but NEVER, EVER attend a graduate program in the social sciences or humanities unless you can be fully funding. Answer #2: No. You can complain to the department head/Dean.

But you got a class and will get a grade. You don't pay only if the class is up to your standards.


Title: If you were to break out of jail, then we're exonerated for the crime that put you in prison, would the US legal system hold you responsible for escaping prison?

Question: Not specific to me obviously but I was just curious and couldn't find the answer online. I'm sure you'd still get charged for any violent escape but what if you were to just sneak out somehow or even if you bribed people. I read some countries don't consider escaping jail illegal but the us is not one of those. Would the best shot you had to be free be a pardon or does the law allow for this sort of thing?

Answer:
 Escaping custody is a completely separate offense.

It's like saying you could face charges for resisting arrest, even if you didn't commit the offense for which you are being arrested.


Title: Florida. Landlord refuses to return deposit 49 days after we vacated. Told me to "Stop messaging" him.

Question:
Firstly this scumbag asked me to pay rent in advance to cover costs whenever appliances would break.  Made us go 3 week without AC because he "Didn't have the money"  The man owns multiple properties and is very well off.  I paid $3800 in fees when I moved in.  $800 non refundable association fees.  1k First, 1k Last, 1k security.  16 days after we vacated the property, I emailed him.  He repeatedly claimed "I have until 30 after the lease ends, not when you move out, that was your choice." After protesting and sending him links to the Florida statues showing it was 15 day after I vacate, and 30 if he intended to impose a claim, he told me to "refrain from messaging him again"  Now it's been 49 days since I left and I have not received my deposit back.  I'm now out of state, and he knows it, making it difficult for me to peruse it.  But at this point, after the horrible experience I had as a tenant, I want him to pay.  I cannot find anything on what kind of damages, or amount of interest I'm entitled (if any) as he has violated the law.  Trying to find this info so I can send him a demand letter.  Any direction would be appreciated.
Topic:
Landlord Tenant Housing

Answer:
 Fl does not have any monetary penalty for not returning the deposit on time. He cannot retain any of your deposit for damages at this point. You can sue and get court costs if you win.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.49.html


Title: [IL] Evicting someone as a landlord

Question:
Own my own house. I have someone renting from me at same property paying me. Handshake agreement but has been here for 2 years paying cash. Since he has stopped paying since november, I'd like to know A. The rights I have regarding evicting him and his rights as living here
B. Can I sieze his property to try and compensate myself for back bills owed and C. If I can evict, what kind of notice/allowance of time to be given before I can bar him from property?

Answer:
 A) You can't evict him until you have gone through the full eviction process and obtained an Order for Possession from the courts.

B) No, you may not.

C) If you obtain an Order for Possession, give it (and 60 bucks) to the Sheriff, who will remove your tenant.

[Here is a guide to evicting someone in IL](http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=3917#forcible).  You will want to start with a 5-day notice - which is basically a legal "Pay up or get out" letter.  If your tenant does not pay you in full or leave within the 5 business days, you can file a lawsuit to evict them.

If they pay you in full, and you still want them gone, you'll then need to serve them with a 30 day notice that you're terminating their lease.  If they're still there after 30 days, you can file a lawsuit to evict them.


Title: Hiw long does the maranda rights last?

Question: Let's say I get arrested, right? And the police take me to the interigation room and read me my rights and then question me and then 2 hours later take me to a completely new building and take me to the probation office and arrest me and not read my rights right then and there. Are they legally allowed to wait that long in between the reading of my rights and the arresting me? Im also a minor in Virginia

Answer:
 *Miranda* has nothing to do with arrest. It has to do with custodial interrogations. If you are in custody and the police want to question you about a criminal matter, they have to give you a *Miranda* warning.

If they don't, then your answers to the questions will be inadmissible at trial. It won't automatically invalidate your arrest.

I think your answers, if you were questioned at the second building, would probably still be valid, since you had been advised of your rights at the beginning of your custody.


Title: [CA] Can I file a wage claim against a company for not matching a donation

Question:
My company previously told me that they matched donations to charitable organizations. I then donated a large sum of money. When I submitted proof of this to the company they said they changed their policy and were no longer matching charitable donations.

Is this something I could file a wage claim for in order to force them to match my donation?

USA: California

Answer:
 Are you actually saying that you made a charitable donation only because you thought your employer was going to do the same?

>Is this something I could file a wage claim for in order to force them to match my donation?

You must be joking. No.


Title: I think my friend abuses his pets, but I'm afraid to tell and get him in trouble...

Question:
Some background: We went to elementary school together and have remained close since. We're both in our mid-twenties now and still hang out usually weekly. He has always had a controlling and "alpha" demeanor about him. His wordplay is both witty and funny, and he used that, along with his natural charisma, mainly to belittle people in our group of friends to feed off the laughs from everyone other than the one being targeted. Not what I would consider malicious bullying, but verbal abuse for the sake of attention and humor, poking fun at people to embarrass them. However, even to this day, if anyone was to return that same sort of humor, he adopts a childish and "pissy" behavior. His ego is massive and he only likes to play when he is winning.

His parents are both great people and his mom loves animals. They always had at least 3 cats and 3 dogs in the house with them at all times since we were 8 years old. I started noticing at a young age that all his animals were very timid, always approaching people (my friend especially) with their heads down and tail tucked, that is if they didn't just leave the room immediately when he walked into it. It has been only the past year or so that I've started to really pay attention to it, wondering why that is. I've seen that he does this weird thing with his mouth when calling, or even touching his pets where he grits his teeth and clenches his jaw. He also uses a really stern voice with them, and if they don't obey his command within a few seconds, he gets right up in their faces and says it louder.

He lives in an apartment now with his girlfriend and her 1 year old dog. The dog is super energetic, fun, and just pours out endless love to anyone, as a young dog usually is. Everytime I go over to their place, she runs right up to me, rolls over in my lap, and squirms with every muscle in her body to try and lick my face. But she acts different around my friend. She walks up to him very slowly with her head and tail down when he commands her to come, she runs to her bed anytime my friend says anything (even when not talking to her), and she pees on the floor when he often raises his voice at her.

Recently, I believe I witnessed him beating the dog. I was playing with her and her rope which sent my friend into a childish mood, I think because he wasn't getting my attention. After trying to get me to stop playing with the dog but not getting his way, he yelled at her to go to bed which is in his and his girlfriend's room. This caused her to pee a little bit on the carpet. He followed her in there and closed the door behind them. As I was blotting up her accident with a cloth, I heard that hollow sounding thud when you get smacked in the ribcage, whimpering, and open-hand slapping noises. He came back out of the room with the teeth grit and clenching his jaw. I didn't say anything about it...

Sorry for the story, but I just don't know what to do about it. As ashamed as I am to admit it, he is one of my best friends and I know if I bring this up to authorities, it could potentially get him in a lot of trouble and we would 100% not be friends anymore if he found out it was me that said anything. That being said, it haunts me more than it should. I can't stop thinking about what I heard and envisioning what it looked like. Or even how often that poor dog goes through that.

Any suggestions on what to do/say, or who to go to? I don't have the guts to confront him to his face... I just can't see him talking to me about it with an even mind. I've confronted him for stealing pokemon cards from me in the past, and these cool rocks and minerals I used to collect, and the reactions I got were hard denial followed by a quick change in topic, or him making me look like a monster for thinking he would do that. With those experiences, I can't imagine him working through an issue of this caliber.

Ultimately, I could be completely wrong about this whole thing, but all signs point to it being possible. That, along with the audio evidence I heard, leads me to be fairly certain this happened.

Thanks for taking the time to read this.

P.S. I understand I have painted him in a bad light here regarding this. Please note, he isn't a bad person. He's done more selfless acts for me and other people than most people I know. My (un)professional opinion is that it's an ego rush for him to be in control.

Answer:
 I'll admit I didn't read it. But if you suspect animal abuse, you may report it to animal control. Answer #2: If you think he’s abusing his animals, what do you think he’ll do when he has children?

Your friend is not a good guy and you should report him. This is really troubling behavior.Answer #3: Report it anonymously asap, that animal could end up seriously injured or worse, if he gets in trouble its because of him and not you, its the right thing to do in any situation of animal abuse.Answer #4: If you think he's abusing animals then report it to your local animal control and let them investigate it.

If he's abusing his pets he is not a good person no matter how many other "selfless acts" he does.


Title: Is it illegal to record audio of my supervisor without his consent? I live in California

Question: Is it illegal to record audio of my supervisor/boss without his consent? I live in California

Answer:
 Yes. California is a 2 party consent or all party consent state.

You cannot record him without his knowledge.


Title: How do I go about removing my dads roommates from his house whole he is in jail?

Question:
So a little bit of backstory first, my father is a bipolar alcoholic with a long history of legal trouble. I grew up with my dad and grandmother in this house. My grandmother passed away in 2014 and she left a will leaving the house to my dad, or to myself if he was incapacitated or deceased.

However this will was never fully carried out nor the house through probate court and as such it was still in my grandmother's name.

After moving in and out through most of my early 20s I moved out for good 3 years ago, although I kept my dads house as my legal address and it is still on my license and bank account. I've also paid the property taxes for the past 7 years on it in my name.

After I moved out my dad has gone through a series of increasingly sketchy characters as roommates. He got arrested last week on a failure to appear warrant and is facing 6 months to 1 year in jail.

I stopped by the house, investigated, and met his current roommates. They're both drug addicts and she is a prostitute, and I have photo and video evidence of used needles laying around the house as well as neighbor statements on the constant coming and going traffic.

The house itself is also in decrepit condition. With parts of the roof falling in, one of the bedrooms burned out and gutted due to a house fire a couple years back.

They've only been there a couple of months and pay nothing as far as bills or rent go, and I've told them they need to leave the premises and they refuse. The guy thinks he's smart and says hell sue me if I shut the power off, but I'm not paying 300 dollars on a 2 month behind power bill and I fully intend on letting it get shut off and I'm not too worried about that. The water has already been shut off for an unspecified amount of time.

Ideally what I'd like to do is finally get the house put into my name per my grandmother's will but the problem is I have no idea where it is or if it was ever even verified or filed.

However I first need to get these squatters out and secure the property. Where do I start?

Answer:
 >However I first need to get these squatters out

They are not squatters - they are your father's tenants and have rights, which you seem to be hell bent on trampling, which will cost you money.

>My grandmother passed away in 2014 and she left a will leaving the house to my dad, or to myself if he was incapacitated or deceased.

Your father is the house owner - he needs to decide who lives there, not you.

>what I'd like to do is finally get the house put into my name per my grandmother's will

Your father is neither incapacitated nor deceased. His house, not yours.

>The guy thinks he's smart and says hell sue me

He will. And he will win. And collect damages from you, while remaining in your father's house.Answer #2: > The guy thinks he's smart and says hell sue me if I shut the power off

Yes, he could do that and win. You can't illegally evict people, or constructively evict them.

> I first need to get these squatters out and secure the property. Where do I start?

They are NOT squatters. They are tenants. The quicker you accept this the easier it will be to accomplish what you want.

The situation is a mess with the deed and needs to be sorted out. In the meantime you need to speak to an attorney. They *may* advise that you get POA from your father, who is the landlord for these tenants, and then you give them proper notice as required by your state, and if they are not out in that time you would sue them in court. You cannot shut off water, power, change locks, throw their stuff on the lawn, etc. That's illegal.

But do whatever the attorney advises.


Title: 62 in a 30 for a 17 year old. What’s going to happen?

Question: I made a mistake. I was going 62 in a 30 which I understand was pretty stupid. It’s my first violation. The officer said that I could do driving school but I have a mandatory court appearance. I’m worried about the judge revoking my license for endangerment even though the officer didn’t say anything about endangerment he just gave me a speeding ticket. Can somebody tell me what is likely going to happen? My ticket was in Olive Branch MS.

Answer:
 You are looking at a possible suspension of you license.

I would strongly recommend that you talk to a traffic attorney that may be able to minimize the costs and long term impact of your mistake.

And stop speeding before you get in much, much worse trouble.Answer #2: YOU should contact a local traffic attorney.  As a 17-year-old, you're likely to get some leniency.


Title: (NJ) Friend is in jail. Got call from bail bondsman to help bail him out. Need advice.

Question:
Hey all, New Jerseyian here.

I got a call from a bail bondsman today saying that my friend got locked up... some warrants out against him... he's got anger issues so i KNOW he did something stupid.

Anyway, I got a call from one. His bail is 3500 for one city, and 700 for another. The first bail bondsman told me it would be 510 dollars.

I then got another call from a different bail bond company saying that they can get the fee to $30. There's some sort of way that they get the fee down to 1%, I forgot what they said.

Anyway, I want to help my friend out, and I'm going to go to the one that's 30 dollars. I know I have to cosign, bring valid ID, and a pay stub. Is there anything else that I will be involved in? I do not want to have to appear in court or deal with his case. I don't want to have any letters sent to my house and my mom getting suspicious. I just want to help my friend out here.

As I have googled a bit, I see that he has to go to court to make sure the bond is legitimate or secured... I'm not really sure what all it means.

Once I cosign and pay the fee, am I out of the picture? Does this go on any record of mine? Will I be held accountable for anything, such as if he doesn't go to court (which I will force him to do)?

And, is the $30 fee legitimate, or is there some hidden fees/small print involved?

IF you need anymore info, please ask. I've had to bail a friend out of jail in Georgia before, and hadn't had to deal with anything afterwards, but I dont know if it is the same in NJ. Sorry if this is a simple/silly question but I just would like some advice from people who are more knowledgable than me!

Answer:
 > Once I cosign and pay the fee, am I out of the picture?

No. It is a debt (sort of) like any other. If he does anything to forfeit his bond, you have to pay the whole enchilada.

> Will I be held accountable for anything, such as if he doesn't go to court

Yes, the entire amount.

> (which I will force him to do)?

You cannot force him to do that, or anything, legally. You cannot tie him up and physically drag him to all of his court appearances. If he chooses to not go, or if he oversleeps, you are screwed.


Title: Someone stole my credit card number and bought a $500 air purifier, what do I do next?

Question:
Hi all, [Edit: IL]

I'll try to keep this story short.  I woke up this morning and checked my bank account.  On Saturday, I noticed a charge pending with my bank for $508.95 at a well known retail store.  I called my bank and asked what the payment was for and I didn't recall making a purchase at the store this weekend.  They took the charge off my account.

I then called the store to warn them that they should not ship the item out.  Turns out the store shipped a $499.99 white air purifier to a house about a mile away from me.  It should be at the house in a few days.  I warned them that my bank disputed the charge and they didn't seem to care.

I called the police and they didn't seem to care.  This is what really pissed me off.  I said I would press charges and the house it is being shipped to is in town.  The officer I made the report with told me that he doubts Investigations will pick up the case and have a nice day.  I was like, wow.

What should I do next?  I was even thought of staking out the house and stealing the stores shit back and returning it, but I figured I would go to jail faster then the person who stole my credit card number.  Thanks all for reading.

Answer: Most scammers ship to a random address and then intercept the package. They rarely ship to their own houses. You have been made whole with the refund from your bank; move on.


Title: Friend is getting threatened with release of compromising photos - what do we do?

Question: We're in California, USA. We know a name and phone number because this person has reached out via text. They say they have photos found on a hard drive and are asking for more, and saying they will make her "vey popular online" if she doesn't give them up. She's already going to the police - is there anything else we should do?

Answer: How old was she in the photos?


Title: Employees keep faking injuries

Question:
This is for my dad's business, he owns a small manufacturing company in Los Angeles. Over the last 5 years or so, he's had several employees start to fake injuries. This has caused his worker's comp premiums to go up by a TON. They'll complain about wrist pain or back pain, get sent to the doctor, then come back months later and make up another injury within a few months. His workers comp provider refuses to fight any of these cases and always sides with the employee while raising the premiums afterwards.

He can't even fire the problem employees for fear of a wrongful termination lawsuit.  What is he supposed to do at this point? His premiums have risen to the point where the business is in the red every month.

Answer: Change business practice so employees stop getting hurt? I'm confused because your post doesn't mention why or how you think these employees are lying.Answer #2: How do you know they’re faking?Answer #3: It’s highly unlikely that multiple employees have gotten together to form an ongoing injury scam. One maybe, but multiple unlikely. Perhaps there needs to be a re-evaluation of safety and business practices going forward.


Title: What consequences does a restaurant have if advertising something incorrectly?

Question:
I work at a Asian restaurant on campus, I am a vegan. I have worked there for 2 years as cashier and they serve us food occasionally or I buy some before I clock out. I was very grateful for this business because they had Tofu option which the owner, chefs, and manager claimed to be vegan. I was very vocal about my veganism at this restaurant so everyone knew what and what I couldn't eat. I just found out that they have been cooking their tofu in chicken stock and other animal ingredients. I feel so disgusted not only because I consumed it but because vegan customers would come in and I would suggest it to them.

I am no longer working there, but they are still advertising it as vegan.

What steps should I take ?

I live in Georgia and this is just a independent restaurant not a franchise.

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Answer: I'd talk to a rabbi about this. Why a rabbi and not a clergyman from another faith? Because Judaism prohibits mixing meat and milk. It's not just vegans who are being deceived - if an item is described as vegan, it is supposed to be free from both meat and dairy (other animal products too, such as honey - but that would be irrelevant to Jewish dietary law). A Jewish customer eating a "vegan" meal might take cream in his coffee when he wouldn't if he knew it had chicken.


Title: AUSTRALIA - Partner's father had a stroke and now his son is withholding all documents.

Question:
My partners father recently suffered a stroke which left him temporarily paralyzed on one side and hospitalised.

He is now in a rehab facility and is improving consistently. He seems to have retained all character and is able to recall his memories fine.

His son is withholding all of his personal and financial documents as well as his bank card. We believe this is due to mistrust among family members. We have requested the return of the bank card as he has bad financial management and has taken multiple large 'loans' from his father who has since denied further loans. The father has also requested the return of the card himself via phone.

His reasoning for this is that he is power of attorney and that he MUST do this as it's in his father's best interests and that his father cant make decisions in his current state. I had always thought the power of attorney was not active unless the victim was unable to communicate. We assume he is doing this simply due to insecurities and the need to feel in control of the situation.

Is he right to invoke the power of attorney?

Is he allowed to hold the documents (including Will) and/or bank card?

Is the father able to make decisions for himself?
Topic:
Wills Trusts and Estates

Answer: Has the hospital social worker spoken to him? They normally sort out this type is thing before it becomes a full battle


Title: I Was Scammed By An Online Juul Supplier

Question:
Okay so this is not really that serious but I want something to be done so this does not happen to anyone else. I live in New Jersey but the company is based in Illinois.

&#x200B;

My girlfriend (who is 26) bought a Juul E-Cigarette from a website that seemed legitimate because the prices were so much cheaper than from the stores and she thought it seemed like a good deal. I told her right away that it was too good to be true and there was no shot she was going to get an authentic product.

&#x200B;

After a month of waiting and still no Juul, I called and asked him what was going on. He is EXTREMELY rude on the phone and told me to go fuck myself multiple times just for asking very simple questions about where the item we paid for was. He said he forgot to send it and would send it out that same day. After another month goes by without anything being delivered, I call him again and he says he sent it but the post office lost it and he will send another one. Now it has been 3 months and I called him asking for a refund because it is clearly never coming. He got extremely aggressive with me yelling and cursing on the phone. He is now saying that she needs to send a picture of her ID in order to place the order because a new law was put in place.

&#x200B;

I do not want my girlfriend sending her ID to this scam artist who has threatened us multiple times over the phone. If this law he is speaking about is real that's fine but the law was not in place 3 months ago when we paid for the item so there is no reason my money should not be refunded.

&#x200B;

[Here are screenshots of a few of the emails he sent me](https://imgur.com/gallery/2o7maj7)

&#x200B;

First off there is no way he could have found my Facebook and secondly if he did find it it's extremely obvious that I am nowhere near 16 years old. I told him to go ahead and report it to the police and he said he did.

&#x200B;

I don't really care about getting the $60 back but I want to make sure this does not happen to anyone else and I would really love to get his "business" shut down. I reported all this to the FTC but would appreciate any advice on other avenues I can go down in order to make the people who can shut him down aware of what he is doing.

&#x200B;

Thank you very much!

Answer:
 They are checking ID for an age restricted product. It doesn't sound like there is any sort of scam.

You can contact the bank for a chargeback for the money spent.


Title: [Czech Republic]Need to prove a man's identity so I can change my name

Question:
Hey /r/legaladvice,

I'm a young trans woman, currently in the process of changing my name. While I already have the papers required, I still can't do it because of the local laws. You have to settle for a neutral name until you get SRS (sexual reconstructive surgery). The name I want and have used for quite some time now is considered exclusively feminine unfortunately. I consulted my situation with an expert witness, who told me there is a legal workaround. All I need to do apparently is to prove that there are men somewhere in the world with the name 'Daria'.

I tried searching through ancestry and found about 17 birth/death certificates and marriage licences there. On top of that, one of the people there have a son with an identical name. The son got in trouble with the law and I found and downloaded about 64 court documents from his trial (footprints, warrants, etc). The expert witness says it's not enough, apparently the documents need to be verified.

How am I supposed to get them verified if I'm not a US citizen? Is it even possible?

Answer: Any lawyer will agree, there are many potential issues with maleing Czechs. Answer #2: "Verified" has a specific legal meaning, i.e. "notarized", as /u/Sorthum implied (terrible pun, BTW).  It seems like what you may need is *certified* copies of these documents, which most clerks of the local courts can provide for a few bucks.  (Basically, the clerk stamps them confirming that they're true and correct copies of the court's records.)  I don't know how tough it is to get them to send them overseas, however, presumably at additional expense.


Title: [VA] Girl on dating site said she was 21, sent nude images, then said she was 16 (underage). Now her father is asking for money to offset medical bills to take care of her

Question:
She contacted me via a dating app website, asked if we could text. I gave her my # and we texted a few times. Flirty talk, sexual. Then she said she was 16 and I told her it is extremely dangerous for us to talk. She sent a few explicit photos and then the texts went silent.

Today, I get a call from a SC number and it is a man claiming to be her father and that he found these texts on her phone and is considering turning everything over to the police, but wants us to keep it between us if we can. He stated his daughter is now distraught and tried to hurt herself and has incurred about $4700 in medical bills. He is telling me he wants me to pay for half of that and if I do that, he'll keep this between us.

I have never met this girl in person, never spoke to her over the phone, and I don't know what kind of trouble I am in. I am thinking of contacting a lawyer but I cannot have this kind of thing come out in the open -- it was destroy me.

Answer: This is a very common scam.


Title: teen mom //breastfeeding laws any different for 'minor' mom??

Question: I'm a teen mom (16) who is ebf. my baby is about a month and a half old so im more comfortable taking him out to eat with me and bringing him to stores now (i pretty much havent left the house since he was born, i do school online) and i was wondering if since im under 18 the laws on breastfeeding in public affect me any differently? i dont want to end up in a bad situation if my bf cover slips and i accidentally flash someone a boob. its probably a dumb question but with breastfeeding seeming to become so much more publicly accepted lately i didnt know how much of breastfeeding laws would change since im a minor. also, does anyone know if taking selfies while breastfeeding is illegal since im underage? in indiana (where i live) you can get in trouble for having inappropriate pictures of just yourself on your phone when youre a minor, even if there arent any other minors in the picture, and i didnt know if bf selfies would fall under inappropriate or not. just trying to protect myself and my lil family honestly. any advice is appreciated please!

Answer:
 NAL and not directly related to your question, but you do you, mama ! It's awesome to hear that you are EBF! It's tough work, feeding a baby, and even tougher if you have to worry about 'offending people' or doing the wrong thing.

My stance has always been, feed the baby, whenever, wherever, don't cover unless YOU want to, and if anyone asks you to leave an establishment or tells you to cover up, then they are in the wrong.

Happy nursing :)


Title: My father just noticed he received extra charges from a dealership that aren't in his name, 1 year later.

Question:
(North Carolina, USA)
Hey all,

Pretty sure we're in the right here, but I wanted to mostly see what we should be looking for when he talks to a lawyer.

Long story short, my father purchased a vehicle through a dealer last January and paid on it for a full year. He didn't have an online login, just paid via billpay and sent the exact amount due through his bank.

He goes to trade in his car this January at a different dealership for something more economical and friendly on his wallet, and was surprised at how much he still owed on the trade in (he accounted for interest of course).

After he gets back home, he pulls out his paperwork from the original sale and finds two separate maintenance agreements totalling $5000 that have his signature on them. Both sets have a different person's name, address, vehicle, etc.

However, they both end up on his full bill of sale as extra line items.

I can't blame him for not seeing them, as when he purchased they always rush through the part of signing all 20+ pages.

He's going to contact a lawyer soon, I am hoping to verify that 1- we're in the right, and 2- how much he should be requesting from the dealership. I would assume 5,000 plus the accrued interest on that amount of money.

I understand that it's a signed document, but his name isn't on either document anywhere.

Thanks for your time!

Answer:
 Has he actually tried going back to the dealership to see if they will correct the mistake? That would he the best place to start.

And there is no excuse for not reading what you're signing, that's a recipe for trouble. Answer #2: PEOPLE! Please read anything you sign! Including contracts, no matter how many pages there are.  Sorry this happened to your Dad.


Title: $700 was stolen from my roommate

Question:
My roommate went to a local business, Wrafterbuilt in Buffalo, NY to look for a dining room table in September of 2017. After meeting with the owner, she settled on having him  build a custom table, which cost $1500. And she paid $700 up front for the deposit, and would pay the rest when the table was complete.

The table was very nice with a cross section of the tree as the top. Things moved along very slowly, weeks and weeks went by and when she would email him he would take days to respond, then weeks, and sometimes not at all. He didn’t show any signs of progress and said he stopped taking new orders after ours because he’s so busy with orders. Eventually after getting him to respond about 7 months he said that he was closing his business and he probably won’t be able to finish our order. So my roommate asked for the deposit back and he said yes, I’ll give it to you next week. He never gave the deposit, she emailed him, he set a new date, didn’t return it again, set a new date, and then stopped responding.

Now he has opened a completely new business called ACME Cabinets, and his instagram shows he’s taking on all sorts of new projects.

It’s been so long that my roommate hasn’t bothered contacting him because he doesn’t respond. She’s thought about going into his new store but he’s typically not there and she doesn’t like confrontation. She was thinking small claims court but she’s not really sure what to do. Any advice is appreciated, thank you.

Answer: A strongly worded letter (explaining that either he pays on his own or she'll ask a judge to make him pay) might work. Certified mail, keep a copy, etc. Make sure it specifies a date by which the full owed amount must be in her hands. If you have a lawyer friend willing to send this on their letterhead that makes it look scarier.


Title: Is my landlord allowed to shut off access to laundry machines in unit?

Question:
Hello r/legaladvice! I currently live in California and am renting a room from a friend, with the utilities included in the monthly rent. Today, I came home to find out that my friend, the landlord, shut off the washer and dryer halfway through a load at the breaker, since he said I was using the laundry machines way too much and allegedly driving up the water bill. \(rather this time because I washed a small load with a medium setting because otherwise, the washer would leave stains on the clothes\) I read the lease several times, and the only mention of the laundry amenities is in the Homeowner's Addendum where it states: "Use of Washer, Dryer, Appliances \- Home appliances must be used wisely and conservatively"

I usually do two loads of laundry per week \- colors and whites, or sometimes three medium\-small loads if I have to wash my bedding. There have been several instances where I have had to wash some work uniforms to have them ready for the next day.

My question is \- Is my landlord/friend allowed to shut off the laundry machines without notice, or does this action fall under cutting utilities to the tenant?

My lease is up next month anyway, so this is mainly for my own curiosity. However, if I am in the wrong, I would greatly appreciate you guys letting me know. Thanks!

Answer: I’d let it slide since you’re moving out.  It’ll be a waste of your time and stress to argue it.  Much like arguing w trolls on the net.  Also, he’s not your friend.


Title: Visitation rights

Question: I have a 13 year old that I have custody arrangements where i can say yay or nay to seeing his dad. His dad has been in and out since we have separated 11 years ago (drug problem). The last time he came back in his life i told him if he went MIA again do not expect me to just willingly let him see my son. He dipped out again and it’s been over 3 years since he has made contact, paying child support off and on just this past year. He contacted me last week saying he wanted to reconnect with him. I told him no, he will have to take me to court and no need to contact me any further since i will get orders in the mail. He has tried calling my son on Facebook after that conversation and has had other family members of his trying to contact him. My son has been struggling with several things, one of them being his dad. He has made comments about him not being his dad. I just want to make sure I’m not doing anything wrong that can be held against me if his dad does take me to court. I can answer any other questions if needed. Thank you for the help!

Answer:
 You should have and likely still cn report the non payment of child support.

Talk to your lawyer to verify your understanding of the custody agreement and follow it to the letter. If he is not promised any amount of visitation then honor that.

He can take you to court.

Get your son to a therapist if you haven't already. Not only will it benefit him, but the therapist's testimony of what is in your son's best interests will be weighed heavily in court.


Title: Robbery that occurred at my job caused the death of a mother, family wants to sue.

Question: Boca Raton, FL- A 15 year old with a 20 year old accomplice one night robbed, at gunpoint, the valet stand at a venue I work for. The worker complied with their demands and they made off with a car and his phone. Manhunt a few hours later they are spotted by police and it creates a high speed chase, which ends in a car wreck in which a woman dies at the scene and both suspects are apprehended. The 20 year old is released and they are now charging the 15 year old who had already had a history of similar crimes and arrests on his record. Now the family, most likely their lawyer, is suing my boss and the venue we are contracted with. What could they possibly get out of this?

Answer:
 > What could they possibly get out of this?

It's the shotgun tactic of lawsuits. Sue everybody, and see who settles.Answer #2: I agree;  they're probably also suing the police department and the pursuing officers.   They're hoping to get a settlement from their insurers so they don't have to go to court with a super-weak theory of liability.

While the valet company (and the venue who employs them) has a general duty to not operate in a hazardous manner, I cannot imagine even a Florida jury deciding that an unarmed valet has a duty to the public to resist a carjacking.


Title: [MA] If you hold a Medical Marijuana card in Mass. and were going to become a police officer in 5+ years, will they be able to access those records?

Question:
I'm not even sure if I wan't to be a cop, but if I get a card will they be able to see it?
EDIT: Clarification for all the people jumping to conclusions. I am not and would not lie on the application. My train of thought was
" Most departments would like to have multiple years from the last time you smoked weed, but would me having a medical card in my records look worse to them. Even if I haven't used it, or smoked, in years. "

Answer:
 As part of the application process, you'll be required to sign a release form giving the department access to all your medical records.

Plus they will ask you about your drug use on the application. Since you would not consider lying on the application, they will know anyway.

Right?


Title: Police report filed on me. No idea what to do.

Question:
I’ll make this as concise as I can.

I was the manager of a candy store till Friday the  15th because I quit. The lady who oversaw the books and daily procedure just called me and said that the credit card issued to me from the business had $5600 racked up on it. I feel like they knew that and waited to tell me after I quit.
She mentioned cheap o air being one of the transactions used on it. I’ve never used cheap o air and I rarely used the card. When I did use it it was for little things for the store. I maybe used it 30 times in the 6 months i was there.

I’m really scared and have no idea what to do.
I didn’t use the card for anything else but business expenses.
I’ve also got a kid on the way and I’m jobless till JAN 8.

If anyone can offer any advice to help me put my mind at ease that would be very helpful. Thank you.

Answer:
 Well, you are in luck because cheapoair would have to issue the ticket to the person using it.

If that isn’t you, you’re in the clear and it is proof that someone else was using the card. Answer #2: Well if you didn’t do it, they will have a hard time proving it.


Title: [NY] How can I legally get around promoting a woman? (Clients are religious and will only deal with men)

Question: I am a manager in charge of hiring and promotions. There was an opening in one of our departments and the next person up for a promotion is a woman. I have no problems with women being promoted, it's just a problem because the home and international clients this department deals with are all religious, Muslims, Jewish and Fundamentalist Christians who don't speak to, touch or look at women who are not their wives and/or don't have equality with women where they are from. Sending a women deal with them would be disastrous and would lose the company lots of money because they would refuse and take their business elsewhere. I would personally make sure she got the next promotion, I just don't know how to legally deny her this one without being slapped with a gender discrimination lawsuit. She knows she is next so we couldn't just lie and say she isn't qualified or something. The upper management and owners all agree this is a problem but I have been tasked with finding a solution.

Answer:
 Why not assign her the clients that don't hold that religious objection?Answer #2: I smell troll.

Here is why: You are going to tell me a woman who works in a department that deals with "all religious, Muslims, Jewish and Fundamentalist Christians who don't speak to, touch or look at women who are not their wives and/or don't have equality with women where they are from."  would not be aware of the problems that would result from her promotion. I can't believe that she would realistically think she would be promoted to a position that would require face to face contact with such clients.

Now if this isnt a troll, give her a raise to compensate for skipping her over on a promotion (that should make her happy) and promote someone else.


Title: Should i declare bankruptcy before trying to save up?

Question: In a situation where you have a lot of debt. But are planning on saving up money to get your life together. Would it make sense to declare bankruptcy before you try to do that? Basically could the credit companies come after any money that you try to save up? And if you try to declare bankruptcy later with they be able to get the money that you have saved up?

Answer: If you're currently capable of saving up a substantial amount of money, you may not qualify for bankruptcy protection because your income to debt ratio is too high.


Title: Fired from job, but still being used in commercial.

Question:
Hi guys, I've got a bit of a conundrum here and I was hoping someone would be able to steer me in the right direction. I was in charge of marketing for a start up business and I wound up being let go because the business wasn't turning a profit in 3 months. In this time, I set up some TV advertising and wound up acting one of the parts. Since they fired me, I've heard countless times from coworkers and friends that have seen me in their advertisements. I would like them to cease and desist using my likeness to advertise for their company. I signed some paperwork with the advertising company, giving them permission to use my likeness, but nothing with the company itself. I'm not looking for any compensation, it just doesn't sit well with me that I worked extremely hard to try and make a start up successful and then wound up being screwed and continually used after I no longer work for the company. I've strongly considered sending my previous employers an email asking them to stop, but thought I should check with someone first. Any advice is extremely appreciated!

Edit:  I'm located in Maine, just FYI
Topic:
Business Law

Answer: You gave permission for the advertising company to use your likeness in these commercials. You have nothing here.


Title: [Hoboken, NJ] Construction next door, no notification of work to be performed. My bedroom with 90% of all my possessions are now coated in masonry dust. Any recourse?

Question:
I live in Hoboken, NJ in an old school, brownstone apartment building. The building next door is also a brownstone.

I get home from work around 10ish on Thursday night and walk straight to my room to go to lay down. I look at the brand new snowboard in my room that I had received the night before and noticed the fingerprints were now very obvious as compared to that morning. Odd... Then I looked at my desk. And my bed. And my dresser... Everything was coated in what looks like dust.

First thought is that it was construction being done by someone outside in the back, next door. My air conditioner was still in the window as it has been rather warm. As the window sill is at about chin level I can't see outside unless I remove the A/C unit, which I did immediately because I could still see all dust floating in the air around it.

When I started to pull it out I could see the extent of the work that was performed outside. It was a lot. There was a rigged up scaffolding still outside of my window, so they were definitely going to be there the next day.

Of course I was absolutely furious. Had I arrived home while they were still working, I probably would have done something extremely stupid. I asked my roommates if either of them had heard anything or received any notice of the construction to be performed, to which they both stated that they had not. I ended up sleeping on the couch and keeping my bedroom door shut (which it was the entire day) to avoid getting the rest of the apartment covered.

The next morning I went over, as calmly as I possibly could, and asked for the person in charge. He came down from the top of the scaffolding, which was now shaking more dust all over me, and asked what I wanted. I told him that I was going to record our conversation and that it would be very short. I explained I lived next door, was not given any notice of the work to be performed and that they had made no attempts to protect any of the adjacent apartments that had A/C units still in the windows, or possibly even windows still open. I stated that my room is now coated from the dust of his construction project, asked him his name, to which he would only tell me his first (because his is just an employee, though he was the one in charge on site), his company's name and his direct supervisor (apparently that is the owner). I end the conversation there, left and went to work.

I took a lot of photographs of my room, which clearly show that everything has a fine coating of dust on it. Now my room was definitely not very neat, and there were a lot of clothes and my bedding exposed to all of this. When I went to wipe a finger on the bed, nothing came off. Basically anything that was a fabric has this stuff embedded in it. I also cleaned an old pill bottle and grabbed a sample of all the dust, should it need to get tested. I even got a picture of the construction permit that explicitly states "Must protect adjoining properties and public right of way at all times." I think we all know what they didn't do.

I was able to speak with a few residents of the building that were having the work done. One of them had the exact same issue as me. He had no notification that work was being performed on his own building, and his A/C was running, which they made no attempts to block off or cover. He also had a dog at home while, unknown to him, this construction was being performed and the dust was infiltrating his home.

So do I have any recourse on this company, or would it be the landlord next door? I don't think he should be legally responsible but it is his building and he ordered the work.

What can I possibly get damages for? A cleaning service? Dry cleaning? New clothes? Any electronics that cannot be properly cleaned out from the dust that was being sucked into the vents? A quick google search noted that this dust is not something you want to take home from work with you, let alone have your home covered in it.

I haven't cleaned anything yet, only pulled out my leather desk chair and the A/C unit from the window. Is it ok to start cleaning now? Not having a room is bugging the hell out of me. Or should I consult an attorney before I touch anything else?

A few notes:
-First post on this account, had an old one which I deleted because it was clearly me.
- I do not have renter's insurance. I did, but I had it on auto-pay a while back on an old card, and forgot to change to a new one, so it cancelled and I always said I would get a new plan later.
-Pretty sure every construction project or contractor must maintain an insurance policy for their company, should things like this happen.
-Typing this on my roommate's laptop, but all replies will be via mobile.

Thanks for all of your help, I really appreciate it. I just don't want to get screwed over for their complete incompetence.

tl;dr - Came home late at night to see my room covered in dust. Turns out it was from masonry work next door. No notice given and no attempts at protecting adjoining properties. Most likely a fair amount of money in damages. Not sure how to proceed.

Edit:
 https://imgur.com/gallery/6JTwZ

Answer: well clean the dirty things at the dry cleaner, save receipts, clean apt or hire cleaner, save time slip or receipts. File in small claims against the company name, the owner, and the landlord. http://www.judiciary.state.nj.us/prose/10290_small_claims.pdfAnswer #2: Are there any jurisdictions that require notice of impending construction?Answer #3: There is a setting on the AC to change from fresh air to recirculate that will prevent more dust.


Title: Landlords Son looking to move back in, LL gave notice of eviction ( verbal )

Question:
Hi all,

asking for a friend that was given a verbal eviction notice. She has a medical(mental health) condition. Currently she is renting a basement suite a d was just given notice (verbally) that she needs to move because the landlord's son and kids are moving back in. With the current eviction ban, is the landlord allowed to do this?

location: British Columbia

TIA
Topic:
Canada

Answer:
 Evictions are currently only allowed on a very restricted basis like [extreme cases where there are health concerns](https://www.cbc.ca/amp/1.5509636)

What you described would be an eviction for ['Landlord Use of Property'](https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/landlord-notice)

"Landlord’s Use of Property

Landlord’s use of property applies when the landlord is going to:

**Move in or have a close family member°° live in the rental unit**

Sell the property and the new owner, or a close family member of the new owner, will live in the rental unit

°°Close family member: This means the father, mother or child of the landlord or the landlord’s spouse – it doesn’t include the brother or sister of the landlord or the brother or sister of the landlord’s spouse. If a family corporation owns the rental unit, then a close family member would also include an individual who owns, or whose close family member owns, all the voting shares."

Once evictions are allowed, the landlord must give *2 months* notice of eviction.

INAL


Title: Master Electrician won't sign off on my coworkers hours.

Question: Hey y'all. Long story short my coworker is an apprentice electrician also he is 1099 (independent contractor) and my boss is a master electrician. They got into an argument and my boss threatens my coworker by saying he would not sign off my coworkers apprentice hours. We are in Texas and my first thought would be to call the Texas Workforce Commission if my boss went through with his threat. Is there any legal actions my coworker could take to make my boss sign off on his hours? My coworker is a dummy and doesn't log his hours.

Answer:
 >My coworker is a dummy and doesn't log his hours.

You and your coworker *ain't seeing the forest cause of this tree you're lookin' at*

So, you're a Master Electrician charged with training an apprentice

How do you get the stupid young apprentice to start properly logging his hours? Do you say something like "*If you don't properly log your hours, I am going to assume that you didn't do anything and refuse to sign off on your guess?*

I would.

TL/DR: Tell your coworker to get his act together and start properly completing his logs.

Answer #2: > My coworker is a dummy and doesn't log his hours.

That seems like an easy thing to get him to fix.

Also, does the union offer any mediation/dealing with that sort of thing?Answer #3: he's a contractor, he would have to sue for unpaid wages.


Title: How high can alimony get?

Answer: How high is this troll?


Title: My best friend might be doing something illegal?

Question:
I'm posting this because I'm actually not sure and my independent research didn't really help me much. I'm genuinely concerned for them but I'm not sure if my concerns are baseless or not.

I've known this person for years and they always have some sort of "get rich quick" or "make money without working" schemes cooking. I always found them kind of amusing but generally harmless until recently.

Their latest idea is going on dating sites or chat sites and catfishing with pictures of someone they found online. They have the person they talk to send them money or gifts from an online gift registry. Sometimes they go even farther, engaging in cyber sex for pay and (and this is what most concerns me) sending nudes of other people (all adults obviously) that they found on the internet to pretend it's them sending those pictures. This all happens on a messaging app, not through text. My friend told me all of this with a great deal of pride, apparently they are making some good money off of this. My question is, is this illegal, or just immoral? And if it is illegal, how much trouble could they get into? I don't want to be a buzzkill unless they are actually at risk of being arrested and having their life ruined over this. They live in [redacted] but they catfish people many different states.

Thanks to anyone who provides help, and feel free to ask for clarification if needed!
Topic:
Criminal Law

Answer:
 [It's fraud](https://law.justia.com/codes/north-carolina/2005/chapter_108a/gs_108a-53.html).

> § 97‑88.2. Penalty for fraud.
>
> (a) **Any person who willfully makes a false statement or representation of a material fact for the purpose of obtaining or denying any benefit or payment**, or assisting another to obtain or deny any benefit or payment under this Article, shall be guilty of a Class 1 misdemeanor if the amount at issue is less than one thousand dollars ($1,000). Violation of this section is a Class H felony if the amount at issue is one thousand dollars ($1,000) or more. The court may order restitution.
Answer #2: That would be a lot of fraud. That the fraud is taking place interstate via electronic communication can make it significantly worse, depending on how much fraud is taking place.


Title: (USA-MD) a friend of mine wants to move out and breach lease but her landlord locked her out unless she pays rent in advanced.

Question:
My friend is an at-will tenant in a basement apartment. She’s been living there for less than a year and a lease was never signed. My friend would like to move into another apartment. She spoke to her landlord and informed them that she would be moving out Sunday. The landlord demanded full months rent and when she refused she locked my friend out of her apartment. After calling police they kept taking the landlord side. So now my friend has no access to her stuff/property within the apartment and the police have already threatened to arrest her simply because she was taking too long to pack her stuff when the landlord finally let her in. She just wants access to her stuff so she can move out. That’s all. Any help? I keep telling her to talk to an attorney and have them type of a strongly worded letter stating the legality of the situation but she doesn’t know where to start. Thanks in advanced.
Topic:
Landlord Tenant Housing

Answer: Visit the local police station and let them know you've been illegally evicted.


Title: [WI] Plumber permanently damaged countertops and sink, company refuses to help or admit fault

Question:
Whatever chemical they used to attempt to fix a clogged pipe backed up into the kitchen sink and must have got onto our countertop around the sink as well as *somehow* all over our dishes and appliances nearby.  There was a black film over everything within a several feet of the kitchen sink.

As he was leaving he said a quick scrub of the stain in the sink with a scouring pad would remove it, which I assumed would work.  Have not been able to remove it, and then found a large white stain on the countertop that seems to be permanent.  Only solution would replacing all of our kitchen countertops.

The company is essentially ignoring us at this point.  We've sent in  pictures of all the damaged property and they said they have no idea how that happened and all they can do is give us the name of a 'countertop guy' to take a look.  They won't personally come out or offer a refund.  They won't even provide the name of the product they used so we can find a potential solution to remove the stains.

Need advice on how to proceed.  Should we just file a claim with homeowners insurance and move on?  Dispute the credit card charge for the service, leave bad reviews and move on?  Or do we have a case to have the company pay for the damages due to the plumber's negligence?

Answer: Small claims!Answer #2: Was this a properly licensed and insured plumber / plumbing company?  I have never heard of a plumber using chemicals to clear a clog. They don't use it because of potential burns to the skin, and especially the eyes.


Title: Stolen Car recovered, and I'm being charged for the tow...wtf?

Question:
My wife's car was stolen the other day. The police found it last night and had it towed to a garage. We were told it is now our responsibility to pay $150 for the tow. How is this even legal? Shouldn't that just be part of the police's operating costs? They could have called us to come and get it, instead they chose to have it towed and I'm on the hook for it. Doesn't seem right at all.

FYI - this is in Indianapolis.

Answer:
 You pay to get the car out of the tow lot.

You can sue the suspect (if identified) to recover that money.

If you want to pay more taxes to cover that cost increase, you can approach your city council about it.


Title: Received Carry Conceal Firearm Under the Influence of Alcohol Violation

Question:
I'm a resident of Illinois (not Cook County). I have a conceal carry permit and had a loaded gun in my car. Unchambered, safety on, in a zipped up case, inside a latched center console in my car. I went to dinner and ended up drinking. I didn't believe that I was over the legal limit. I was aware of the state of my weapon, but chose not to get it out and unload it. Felt it was secure. I drove home(stupid, I know). I was pulled over for speeding and received a DUI. At that point, I was in violation of carrying a concealed weapon under the influence. I have been to court and received an offer from the state for about $1300 in fines. However, they want a conviction instead of court supervision. We have asked for court supervision and will go back to court in a month. My question is about the difference between court supervision and a conviction and how much effort and money should I spend to get it changed to court supervision
Topic:
DUI

Answer: What is the charge? I assume you have an attorney and should listen to that person. This is very serious and could impact the rest of your life. Most people would pay a lot of money to avoid a criminal record for a gun crime.


Title: USA - IN. May have used fraudulent gift cards?

Question: So I’m very nervous currently. I’ve been using a website called Paxful and what I understood was that it was a completely legal website. I basically bought some visa gift cards for like 60% of the value. Bought some stuff on amazon and what not. About a week later I got a voicemail from some guy asking how I got his credit card and he said he hopes  I enjoy the $279 gift card I bought. I’m not sure what to do.. I wouldn’t ever have done that having known it was going to hurt someone else...

Answer:
 Sounds like one for r/scams I reckon you’ve either brought a card somehow loaded with stolen details or you’re about to be scammed into handing over money or risk further legal action Answer #2: This is weird.

If you bought the gift card through a 3rd party website, how would he have got your phone number if I'm fact he was the victim of some sort of scam?

What was the gift card site you used?

Edit : paxful is legit. Let me ask, how did you pay the seller for the gift cards?


Title: Man pulled a gun on me in a fit of road rage.

Question:
Forgot to add my location: Virginia, United States

I was driving along a 55 mph road. Truck passed me doing over 70 in a lane that had on-coming traffic. I slowed down to let him in but he just barely made it.

He immediately stopped and got out of his car with a gun. Came over to my window. Mistakenly, I let my window down to hear what he had to say.

He was furious that I didn't slow down quicker to let him back into the on-going lane. Screaming and what not. Pointed the gun at me, got back in his car, and sped off. I did not record him with the gun in his hand.

I have the license plate, vehicle description, and a detailed description of the man.

What are my options here?

Thanks in advance for any advice you guys might have.

Answer:
 > He immediately stopped

Next time, this is when you go around him and keep going.Answer #2: If an element to crime he committed is placing the victim in reasonable fear, be ready to explain how you were afraid, but waited until you got home and consulted reddit before you called the police. Answer #3: It is 100% Brandishing which is illegal with or without a concealed carry license. This guy is in a heap of trouble. Brandishing can be as simple as brushing a jacket open to let someone see the the gun so to actually pull it is very cut and dry on brandishing.

http://virginialawfirm.net/virginia-gun-lawyer/brandishing-weapon.htmlAnswer #4: I'm not 100% but I'm pretty sure that is considered assault to some degree. But like everyone has said. Call the police.


Title: Our problem roommate just informed us that, despite having given him a 30-day notice in the middle of last month, he's refusing to move out. How do I proceed?

Question:
Michigan.

Previous posts for context: [1](https://www.reddit.com/r/legaladvice/comments/5psv2p/the_roommate_i_gave_a_30day_notice_to_is_claiming/) [2](https://www.reddit.com/r/legaladvice/comments/5qdk7h/if_my_tenant_stays_past_the_end_of_the_last_month/)

TL;DR of context:

On the 19th of last month, I gave my renter a notice to move out in 30 days. I specified in that note that if he stayed into the next month (past Feb. 3rd, when the next month's rent would be due), he would just pay us for whatever days he continued to occupy the space.

His girlfriend is allegedly allergic to my parrot and, allegedly, violently sick with psittacosis. She does not rent here and has only ever been in our house as a visitor of his. He claims we are at fault and owe him... some form of restitution?

He replied with a nasty note the next day, and within a week he moved his clothes and necessities out, and he hasn't spent a night here since.

Today he moved the bulk of the rest of his things out. Before he left, he confronted me, telling me that if I didn't care about his girlfriend being sick that was my problem, but that he would need my homeowner's insurance and all the paperwork we have on the bird.

Info, condensed:

* He claims his girlfriend has been diagnosed with psittacosis. Our bird, which we've had since August last year, is asymptomatic, as is everybody else who has been in contact with the bird since it came to our house. The bird is definitely not sick. Fewer than 10 cases are reported per year, according to the [CDC](https://www.cdc.gov/pneumonia/atypical/psittacosis.html).
* Even if it was the bird's fault that his girlfriend is (allegedly) sick, she doesn't rent here. Nobody knew about her allergy until she started coming over to spend the night. We are, as far as I'm aware, completely not responsible for her wellbeing.
* He told me he's "living Spartanly" and when I asked for clarification, he said I'd have to figure it out. My guess is it means he's leaving a bare minimum of things here so he can claim he still lives here.
* I recorded the second half of our conversation, and I have him, on tape, saying "That bird's going down". He has a key to my house and is pissed off. I refuse to leave the bird alone with anybody but my wife and I.

Can I get a restraining order because of his comments about the bird? If he doesn't pay me by Feb. 4th, can I text him to say that he has 7 days to leave, for nonpayment of rent? Will texting count as written notice? I have no forwarding address and he practically doesn't live here - texting is my only form of communication.

If it comes to force or legal action - where the hell do I start? Do I just go to the courthouse and set up an appointment with a judge? We didn't take a picture of the notice we gave him, and he still has it. We have a copy of the nasty note he left in response to the move-out notice, but our best bet is to bluff that we have it.

The man claims to have a PhD in Law, but doesn't seem to understand that refusing to move out after being given written notice is a bad idea.

If I give him 7 days notice on the 4th for nonpayment of rent, I'm going to take a week off work to stay home and hold the fort down. On the 8th day, the plan is to change all the locks on the doors, change the security code and if he comes over with a cop (like he already did, claiming his key didn't work) I'll show them my copy of the notice of nonpayment of rent and... that should send them away, right?
Topic:
Landlord Tenant Housing

Answer:
 Lol, ignore him. If he *does* sue though, don't ignore it.

And file for eviction if he's not out.

Edit: If he doesn't pay rent, yes you can give him a pay or quit notice. Text him it, but also send a copy via registered post to his address (where you're living now). Fairly sure what he's doing won't be enough for a restraining order.Answer #2: > On the 8th day, the plan is to change all the locks on the doors, change the security code and if he comes over with a cop (like he already did, claiming his key didn't work) I'll show them my copy of the notice of nonpayment of rent and... that should send them away, right?

No, that woudl be a self-help eviction and is illegal.

If he doesn't pay by the 8th, you go to the court and start formal eviction proceedings. Do not touch any if his belongings. If you are worried about your bird you should find a friend that can watch it for the 30-60 days it will take to go through the eviction.

http://michiganlegalhelp.org/self-help-tools/housing/eviction-what-it-and-how-does-it-startAnswer #3: Lots of good advice,  I'd like to add,  contact Avian Biotech. I'm pretty sure they have a mail in blood test that you can do yourself.  This may help stop them from pursuing the issue.


Title: My Girlfriend had money in a will for school, and no one told her about it. Now she is past the age to receive it. (xpost from askreddit)

Question: I think the title pretty much covers it. However, the will stipulated that room and board and school were to be payed for out of the funds that were in the will, but not past the age of 23. This was just pointed out to her by a relative. So, /r/legaladvice, is there anything she can do?

Answer: Call a lawyer immediately. Will issues can get complicated.Answer #2: Yes, but it requires a lawyer.  She may have a claim against the executor.


Title: (MA, USA) (two party consent state) when calls to corporations say, "this call is being recorded" does that automatically give consent for me to record as well? Or do I explicitly need to inform them?

Question:
Massachusetts requires two party consent for audio recordings.

When I call companies, or they call me back, and state, either by an automated voice or by a person, that my call may monitored or recorded, does that statement give me permission to audio record as well?

Or do I also need to state I am recording? And if I need to state it, does it count if I say it while the hold music is playing? Or after the automated voice says it? Or do I need to say it to a person? And if to a person, do I start the recording before saying it so I have a recording of them being informed?

There is some information online about Massachusetts audio recording consent, but I couldn't sort out how to apply it.

Thank you

Edit: hey everyone! Thanks for the discussion! This is exactly the kind of intricacies I was wondering about when reading the law and while it is nice to see I am not alone, I am grateful to know that a company recording me is **not** consent for me to do the same. Thank you again for all the great commentary and clarification!

Answer:
 We get this question a lot.

No, it does not.  You don't know that the person on the other end of the line has given their consent.  That person must give their consent before you can record them.  And they must give it knowingly.  Answer #2: At least according to this website, it seems the Massachusetts two-party consent statute is a little odd, making /u/thepatman's response incorrect.

Mass. prohibits the *secret* recording of a call without both parties' consent. So by informing you of the recording in the automated recording, the company has prevented the recording from being secret. They have satisfied the requirements of the law and you cannot stop them from recording (other than by hanging up).

http://www.dmlp.org/legal-guide/recording-phone-calls-and-conversations