Title: LANDLORD STOLE MY SHOTGUN WHO CAN BE CONTACTED WHEN COPS OPERATE ABOVE THE LAW AND LET THE LANDLORD TAKE A GUN STEALING IT

Question:
May I was sent a  letter to vacate by the end of the month. I had rented the residence for 18 years never, Id not seen the landowner in 18 year and I'd only spoken to him three times each time to ensure he had no plans to sell and to ensure he would give me at least six months notice preferably more so that I coud a have option to  to purvhase or b find another place to purchase or rent.

I decided tp attempt to purchase the property near the end of May negotiaating with him, and getting bids from mutiple contractors on what it would cost to repair the foundation becasue it hand sunken down severely im spots, actually it is convrete block with concrete poured over the adjoining pieces to give the look of a real foundation. Appparent from the crack and broken poeces. We could not reach a price i fealt would be fair considering the amount of work needed to stabilize the structure.

We kept negotiating into July and he cashed the July rent check however during negotiation he started an unlawfl detiner suit against me and that damaged my credit showing as an eviction on my record. I broke off negotiations becase it was evident he had no intetion of cutting a good price this was july the 30th.

He pressed forward with the lawsuit on the premise he did not think we were going to cooperate. He cashed the August rent chack like normal I may ad again reafirming our month to month lease keep in mind this all and he had denined from the beginning agreeing to give me at least six months notice.

So as this point he had reafirmed our month to month lease twice and should have to send a new notice to vacate. And he had not dont that.  We met and talked I agreed rto move out nIovember 1 no matter what if i coudl not find a place I liked. Well I found manyt placed but was denied becausf the  eviction. I had asked him for an order of limited disemination but he refused.

And so we could not get aproved to move anywhere becasue of the lawsuit so my last resort was to arrempt to stay longerthan i said until he agreed to the ordeer of limited disimination. We ended up in court and again he had accepted rent payments including decembers keeeping in mind this was november. He had also

filed duit fraudulently stating he was the land owner when n fact he divorced himsel;f from the property in 2000 and a trust fund became the owner and he a trustee, So beeteen those two issues i thougy surely the judge will yhtow out the case. however not understanding the eviction process i had failed to anser the required notification to his attouney prior to specified date that i contested the issue. I was supposed to give reason and instead i simply wrote contested. To my suprise the judge idnt accept my argument and he was awarded the win.

I

Topic:
LIVE!

Answer:
 Holy shit that is a huge block paragraph. Nobody is going to read that.

Slow down, go back, format your post properly with some paragraphs, and present **just the facts** of the situation.Answer #2: **TL;DR** (I might have missed stuff):

- In May OP was given a notice to vacate. He refused to vacate.

- End of July Landlord filed for an eviction against OP. OP still refused to vacate.

- Apparently the eviction proceedings were withdrawn and OP agreed to vacate at the end of November. He didn't.

- Despite the above, there was a court order to vacate by sometime in December (?).

- OP vacated, with cops and the landlord helping.

- OP realised afterwards that his shotgun he kept under his mattress was missing.

- The Landlord told OP the police had the shotgun.

- The police told OP they don't have the shotgun.

- OP wants his shotgun back, what do?Answer #3: Okay, now that I've read through it:

>and that I could not come and get my gun for at least another 5 days.

Come *where* and get the gun? Do you know (definitively, not a hunch) where your gun is?


Title: Trap, Neuter, Release of neighborhood cats (TNR)

Question:
Hello everyone, I am from Ohio and have a bit of an odd question.

The apartment complex I live in has a large population of neighborhood strays. Whether these animals belong to the houses around or barn across from me I do not know. I have dabbled with the idea of TNR of these cats since there are so many.

My question is can I trap these cats without going to every door asking if they belong to someone? The cats do rummage through the dumpsters and most often do not look cared for but I am concerned of the legal consequences if these animals do infact belong to someone.

Another question, do I need to be granted permission from my landlord before setting out traps? Following this, if they say no, will I be in serious trouble if I do it anyways? I do not know of any outdoor cameras but I am sure they would see the cages. I know people in the building feed the cats but no one has attempted to trap them thus far.

Thank you for your help.

Answer:
 Contact a rescue group that does TNR (list for Ohio)

http://www.humanesociety.org/assets/maps/feral-cat-groups/feral_cats_list.html?state=OH


Title: I (21/f) live in Oklahoma and a couple month ago someone attempted to follow me home. I realized they were following me and took evasive action which is when they then attempted to run me off the road. I know who they are but have no proof? [LONG]

Question: [deleted]

Answer:
 I definitely recommend dashcams front and back.  being a rural road i suspect lighting will be an issue so look for one with good night vision.  Answer #2: What did the police say when you called them ?Answer #3: So, let's add some things:

* Get dashcams for the entire family, not just you.
* Rig up a home camera system that covers your entire property and beyond. If you have friendly relations with neighbors, ask to put a couple on their property to extend the range.
* Write down your (and your family's) experiences in a journal, and start keeping a log of suspicious interactions. A contemporaneous notebook is a far better piece of evidence than relying on memory, and it helps you organize things.

Essentially, between /u/rexlibris' advice and this, you want to both be ready and able to defend yourself, but also be ready to file for a protective order as soon as you have sufficient evidence.Answer #4: IANAL, but I had someone road raging me once. They started following me so I drove to the police station. They left once they realized where they were.

Answer #5: Follow up, did a bit of research for you.

https://www.ok.gov/osbi/Handgun_Licensing/

https://www.ok.gov/osbi/Handgun_Licensing/Frequently_Asked_Questions/

http://www.criminaldefenselawyer.com/gun-possession-use-laws/oklahoma.htm

tl;dr: take a class, pass the test, don't be a felon, don't be under 21 (you got that one!), and you're probably fine.

*edit: thanks to the randos who upvoted. This was probably the most objective stuff I could have posted, but some people voted it to -3 at one point. These are literally the OK statutes dealing with this situation. But OK ^^^^butthurt ^^^^much?


Title: Consented non-consent [San Diego, CA]

Question:
Is it possible to draw up a completely loop hole free contact for a man in a relationship to be able to sex the woman at any given point in time up until the contract is nullified?
The reason I ask, I've encountered a woman who basically wants me to forcefully have sex with her any time I want regardless of scenario ie. Sleeping, passed out drunk, hiking in a secluded trail (hence consented non consent) but there is nothing stopping her from turning around and having me arrested.
I might be kinky, but I'm not an idiot...

Answer: No. She can withdraw consent at any time, and there is no contract that will alter that.


Title: Russian girlfriend (23) is pregnant, we both live in china. Ehats the best course of action for her and the baby to both become US citizens?

Question: Would the child be a US citizen because I am? Should it be born in Russia? Should I try to get her a visa before it's born? Should I marry her as fast as I can and try to begin the process for a spouse visa? I would like her to have citizenship as quickly as possible. She has a degree in Chinese and english as well.

Answer:
 Child is US Citizen by birth.

For her the process with take a few years.

If you marry her and plan to return with her and the child to the US use can file for a CR-1 VISA VIA DCF (Direct Consular Filing) at the nearest US Embassy.

That process should take less than a year.

Once here she'll get a Greencard and after 3 years as your spouse she can file for naturalization.

Google "Visa Journey" for more details.


Title: Landlord sold the building, do I have to sign a new contract?

Question: Like the title says, landlord sold the place (duplex) and while she says that we won't have to sign a new contract because ours is still valid she keeps insisting to not sign another one if the new landlord steps forward with one. Is the contract I signed with the previous landlord still valid through my term of lease (through end of 2018) or does the new landlord have the right to say our contract is invalid and force us to sign a new one? This is in Missouri if that makes a difference. Thanks!

Answer:
 The lease holds even through the new landlord unless you decide you want to sign a new one.

When I took over a property, I gave better terms than the old landlord so the tenants signed my lease right away.


Title: I think I'm being extorted by a laptop repair shop

Question:
I'm from Canada (all prices CAD), for reference, and what follows is a summary of events:

- I dropped a broken laptop off in late January for what the shop owner said would be a routine repair for some $50 (fix input jack).

- I received a call within the next couple days that it will actually be a more complicated repair (re-seating a chip on the graphics card) and it would cost me a total of $200 plus tax. I shop around a bit but ultimately agree

- The laptop is returned to me within a few days; the guy has it powered up and working when I arrive (it was not powering up at all prior so I assume it's fixed). I pay $200 plus tax, and take my computer home. It won't turn on.

- I return it to the shop (possibly same day, possibly next couple of days), and he later calls and tells me that it must need a new graphics card. He says that because I've already paid $200, he'll just collect an extra $50 from me and we'll call it even (unfortunately I don't have this in writing). I agree to this.

- About a week later, the part has arrived and the laptop is reassembled, but apparently there is still a problem. I'm informed that he'll need to send it off to another repair shop who specialises in HP devices. By now it's almost a month gone by. He offers me a loaner computer but I tell him that I just want mine back.

- All the while I've been job hunting, and I land a job late February that requires a computer. I press the guy for answers but he says it's still not ready, and gives me a loaner computer with my hard drive inside. This loaner computer is given to me with another customer's work order taped to it, from which I notice that I know the guy to whom it belongs. I figure for now I'll use it respectfully as I'm in a bit of a pinch (I see the work order is dated November, so if he's been without it for 3 months already, he's probably got  some other poor bastard's loaner, or some other solution), and when I get my computer back, I'll tell the guy that his laptop is being loaned out.

- A month goes by (mid march now) and I may have enquired again sooner, but anyway, I call him up and he says "oh yea.. it's ready. come get it." I arrange to come in on a Tuesday, but that day he emails me and says he's busy and to come in on Friday. The plan is that I drop my loaner off on Friday afternoon, he puts the hard drive back in my computer, and I pick it up the following day.

- I give him the loaner on Friday, and when I arrive the following afternoon, he has my laptop out for me, and tells me that the other shop to which he outsourced it didn't return the back cover, and assembled it in such a way that my hard drive can't be reinserted. He puts the hard drive back in the loaner computer and sends me packing; tells me it'll be ready shortly.

- At this point, I'm busy with my work, and though I feel bad not telling my acquaintance about this mess, I'm reluctant to continue with this back and forth. I kinda just do nothing for a while.

- Today I called to get my computer back, and the guy tells me he's sick and not in the shop. At this point, I've had enough of this shady business so I come clean to my friend. Turns out that he'd long ago given up and bought a new computer because they told him he'd need a cheap repair ($60), and then jacked up the price once ($250), and then finally told him it'd be like another $300 to get his computer back. He said he cancelled his credit card and bought a new computer that day.

- More concerned now, I call the shop owner back and ask if he can tell me the price on my repair (the last quote was just an additional $50), but he says he can't because he's not in the shop.

Basically, I'm almost certain that what happened to the guy whose computer I've been using is about to happen to me. Also, I notice on the work order/contract a clause that says that they reserve the right to sell or dispose of unclaimed merchandise after 30 days. That doesn't sound right to me..

I'm pretty much looking for any recommendations at all. It also occurred to me today that I'm probably still eligible to file a chargeback on the initial $200; might be better to just get that money back and put it toward a new computer than to lose that money and still need a new computer..

In any event, the plan is to wait until I hear what the guy wants to charge me before I decide what to do next, but this whole situation is immensely fishy. I've now been without my computer for 3.5 months.

Thanks for reading..

Answer:
 > Also, I notice on the work order/contract a clause that says that they reserve the right to sell or dispose of unclaimed merchandise after 30 days.

That's fairly normal, _but_ the clock doesn't start until they contact you about the return of your laptop. If they dispose of your property while you are making good faith efforts to recover it - for example by contacting them regularly to ask to pick it up - then you can likely recover the replacement value from them in small claims.

> I'm pretty much looking for any recommendations at all. It also occurred to me today that I'm probably still eligible to file a chargeback on the initial $200

I'd be tempted. You gave them a laptop that needed a connector repaired and they broke the video card, then charged you to fix it. Keep on them until you get your laptop back - give them a firm deadline to return it, generally 30 days - and get it checked out. If there's any sign of a badly-done repair or deliberate damage, or if you are unable to recover your laptop, talk to a local attorney about whether it's worth taking these folks to court. Small claims is a little pricey in most provinces (Ontario tops the charts with around $250 in fees) but you can tack those onto your damages if you win.


Title: I just realized that my license plates are expired from a ticket on my windshield. The ticket states to pay at www.pay-violation.com i was parked on land my company leases.

Question:
The time of the ticket would indicate that I would have been at work at that time. My company leases a building from a private company which is where my car was parked at the time. There is no address or phone number for me to contact on the ticket. The enforcement agent was "ZA 137". The violation description states "EXPIRED LICENSE PLATE FIX 72 HOUR OR BE TOWED." Fee is $75 or subtract $20 if paid within 15 days. He location of where my car was parked was just simply "HRC Space # WE OFFICE"

The only way to pay is online at www.pay-violation.com

I'll pay the state for having expired plates. I'm not lying some private business who gets to take money from me just for noticing my expired plates.

Answer:
 Why don't you Just call your local police department and ask them about this.  Seems like a better option than assuming it is a scam and suffering the consequences.

I've gotten tickets in a private lot once and while I won't go into details it was a valid ticket.  So I wouldn't presume it was bogus just because it wasn't on public land.Answer #2: That sight is hosted by a company called Tech-Smithy which is affiliated with the Denver Chamber of Commerce.

In other words this ticket may be issued by a company that has license to issue parking violations in private parking areas OR the ticket may have been issued by the company that manages the parking areas that you parked in. Either way; dont ignore it. take it to the police and see if it's valid.


Title: Accident in driving school...who is responsible?

Question:
Since my current job lowered my hours, I started to look for a new job. A local garbage truck pickup company is always looking for drivers who have a cdl license and they pay pretty well. So I decided to pay a local driving school for some lessons.

I was driving their box truck with their instructor during a lesson when I made a turn too early and hit a pole, causing damage to the side of the truck. The driving school has said I am responsible to pay for the damage. But to me, that doesn't sound right. I was a paying student in training and obviously any driving school should expect some minor accidents when they train students and have money/insurance for that. Second, as the professionals, they should know when a student is ready for what conditions and not put them in a situation they aren't ready to handle. And third, I was paying to take the lesson with their instructor, who, as the expert and the instructor, should have seen I started the turn too early and told me before I hit something.

So who is in the wrong here? Am I responsible for the damage, even though I was paying them to train me? Or is that on them to handle as a driving school?

Answer: I would imagine they have insurance for this sort of thing


Title: Friend and her boyfriend want to elope soon. Missouri. She is 18 and so is he, can the mother stop this?

Question:
[deleted]
Topic:
Custody Divorce and Family

Answer:
 Despite the extremely low chance that the marriage will last, no, the mother can't do anything if they are over 18. Answer #2: No.  Once someone has reached the age of majority, a parent cannot generally stop them from living as they choose, entering into contracts, or getting married.

The mother can, of course, withdraw any form of support, choose not to pay for college, or not allow the son or daughter (or married couple) to live in her home.  A son or daughter currently living in the home would need to be given proper notice to end their tenancy (though hopefully that's not a real concern here).


Title: I have a Colorado CHP. Changed addresses, CHP requires notifying within 30 days. It is day 31. Am I screwed?

Question:
Hi,
I changed addresses 31 days ago. I haven't been able to show up in person to the office in question since changing addresses (two jobs and all).
It is my understanding that failure to notify within the time frame means a Class 1 petty offense.

The options I know of:
1) Show up tomorrow morning, try to plead with them to be lenient 1 day.
2) Stop carrying, wait till my permit expires, and then re-apply under my new address
3) Try to officially change my address again, same previous to same current address, hoping that all they need is the confirmation letter. (I hope this isn't the best option)

I don't see anything on the form that asks for actual proof of address change. And in fact, the [official form](https://www.colorado.gov/pacific/cbi/rulesandregulations) (in Forms, Publications, & Rules Incorporated by Reference) states at the top that "no notarization is required for address change." So it seems rather fast and loose.

Please help! I want to avoid fines/jail time if I can. And I don't know how to gauge this situation, so I'm not sure if I'm overestimating or underestimating the gravity of all this. Please please help.

Answer:
 Don't lie, but don't volunteer that it was 31 days ago either.

Grab a CHP change of address form off the Internet, print it, fill it out, and get it to the post office while the office is still open, send it certified mail and keep a copy of the form for yourself along with the tracking number.


Title: [Alberta] May have accidentally exposed myself to my neighbours and their kids.

Question:
I'm a cam model. I was cramming in my fenced backyard (yes, doing sexual things). My neighbour poked her head over my fence and told me that she has children. I had NO IDEA THAT ANYONE COULD SEE ME. I was mortified. I told her I'm going inside, packed up my stuff, apologized, and raced back inside. She talked to me a bit earlier, but she had to put her head *over* my fence to talk to me.

This was a few days ago (2-3). Today, after coming home from the hospital, the police came to my door asking to talk to me. They told me that someone was concerned with what I was doing on the internet. I profusely apologized, expressed my mortification, said that I would have *never* done anything like that, especially around *kids*, if I thought anyone could see me.

They told me to keep it inside the house, that there are kids next door, but said they believed me and "you're not a bad person". They also said the words "You made a mistake." They even called my work to look for me before coming to my house.

They took my phone number. Are they going to pursue this? Usually police around here don't ask for numbers, right? It implies that they intend to contact me later and I am very scared. I really didn't think anyone could see me.

Answer: Do not talk to the police again without a lawyer. If they contact you again, retain a lawyer and only talk when they say you can talk. Answer #2: It implies there's now a note next to your name saying you do weird sex stuff. Really unlikely to be pursued further unless you do it again.Answer #3: Do you know how they were able to see you? I'm assuming it wasn't obvious since you thought they weren't able to.


Title: (TX) Server at a restaurant - restaurant closed unexpectedly without warning. Last 2 paychecks bounced.

Question:
As the title says, I was working at a server at a restaurant in Houston. The restaurant wasn't doing well. I showed up for work one day and there was a sign on the front door citing "electrical issues", which I knew meant the place had just shut down. None of my managers even told me.

After we ran our checkouts at the end of the night, usually they paid us out in cash, but if they didn't have cash they would write us a check. My last two checks, totaling 121 dollars both bounced. I incurred two $12 charges so it comes out to $145.

I've talked to my manager as well as the owners of the restaurant about this multiple times. They've all assured me that I'll get my money as soon as they "sort out the debts". I have an email with 2 of the owners and my former manager all included and them recognizing they owe me the money.

I also received a bank statement that the account I was trying to cash these checks from had been closed.

Do I have any legal ground to sue if they don't pay me? Just from what I read, employers are obligated to keep the funds in the account for 30 days, but I'm not an expert.

I know it doesn't seem like a lot of money, but I'm out of work and pretty broke right now. It's a lot of money to me. Money I'd earned working and had been counting on.

Am I screwed? Is there anything I can do?

Answer: Yes you can sue them. You should also file for unemployment if you haven't already. (unless you were getting paid under the table)


Title: HIPAA violation for someone else?

Question:
Today my mother checked the mail and my father received a letter from the local clinic informing him that it is time for his colonoscopy. The letter contains his name, full address, the medical procedure he needs, and his medical record number.

Due to an error in how the letter was put into its envelope, sealed, and stamped, the envelope his letter was in was not sealed to the back of the envelope. Instead, there was another patient's envelope stuck between the sticky flap of my dad's envelope and the back of his envelope.

So:

- by lifting the two envelopes apart, it would have been possible to remove my father's letter from its envelope;
- we received another patient's letter from the clinic.

It seems to me that this is a violation of HIPAA both for protecting my father's medical records (sending something that is not completely sealed through the mail) and for this other patient (sending their information to a wrong household).

The other patient's letter was not stamped, and lives a few towns away, to this is not a case of the postal carrier delivering mail to the wrong house.

My questions:

- what are my family's rights? I ask not "what are my father's rights?" because he passed away yesterday, so it is hard to prove any harm to him;
- what are this other patient's rights?
- how should we go about informing this other patient of their rights, if any, under HIPAA?

(Edit: layout, damn the mobile)

Answer: There are no private rights to sue under HIPAA. You should inform the medical provider and ask they be more careful with their mailings. This was simply an error and not everything in life requires putting match to gasoline.


Title: Lien is being placed on my business

Question:
I have a small food retail business in a mall. We are a kiosk, and the guys who made my kiosk want to put a lien on the kiosk because I refuse to pay them fully. I refuse because they didn’t do a lot of the work they promised. He has said he’s willing to take off 3k but the total amount of work that needed to be done was around 8k and I event sent him a quote that a I received. What Can I do if he follows through with the lien?
Topic:
Business Law

Answer: Mechanic's lien laws vary considerably by state, so location is very important. There are notice requirements and filings required which also vary by state. If the kiosk is a fixed structure, again depending on location, they may be required to be licensed contractors in order to place a lien (or to sue for payment).


Title: Annoying dog moved next door

Question: [removed]

Answer:
 >Is there any way to get him legally put down

Kind of extreme, don't ya think?

>I do a lot of work on Skype outside and I also watch TV outside.

Then go inside.

Do you have a local noise ordinance governing this? Do you rent or own? Is there an HOA with regulations on noise?Answer #2: >Is there any way to get him legally put down

I sincerely hope that you are not responsible for any pets.

If the barking is out of control then step one is walk over to the neighbours and have a friendly conversation. If you have to escalate from there then call the non-emergency line and report a noise complaint.


Title: Home builder making claims that are not explicitly stated in the contract

Question: I am currently in the process of buying a new home from a builder in Houston, Texas. When we first started the process, they told us that there were incentives to go with their preferred lender. For example, some incentives were a free separate tub and shower, $5000 in studio upgrades, and a couple of other smaller items. I along with a family friend who works with home loans thoroughly read through the contract. We could not find where these incentives are tied to the preferred lender. Both the lender and the salesman have told us since the beginning that these incentives were tied with the preferred lender so if we didn't go with the preferred lender, we would lose the incentives. I am sure they have also told others this and it does not seem to be true after reading the contract. This may have kept us along with many other home buyers from getting the best deal on their mortgage. Would there be any grounds to sue here? If so, what would the next steps in the process be? Any information is appreciated. Thanks.

Answer: If your builder is not abiding by the terms of the contract, then you would have to sue him. Your odds of success will be very fact-specific.


Title: Can I deposit a check that doesn't have my name on it?

Question:
I want to deposit a paycheck from my employer using the Bank of America mobile app. However HR made a mistake and put the wrong name on the check, and the name is completely different from my full name. However the check is intended to be for me.

Am I legally allowed to deposit it in this case?

Answer: You should call HR and have them send the correct check ASAP. You're opening yourself to a world of trouble if you deposit that.


Title: Is it worth making a stink over?

Question: [deleted]

Answer: You could always email them and thank them for addressing the problem. Mention that if they give you advance notice you can make sure things are out of the way ( litter box, etc.) or that you'll secure the kitty in a room so the workers don't have to worry about it. That'll give you peace of mind hopefully.


Title: [ME] Can I sue for emotional distress in a sexual assault case that was never pursued criminally?

Question:
Thanks in advance for any help you can provide. I'm essentially trying my best to put together this case on my own, because we don't have a lot of money and cannot, realistically, afford an attorney. Not going to give a ton of specific details on the incident, but she was in and out of consciousness and was taken advantage of by an family friend. Alcohol was furnished to her by that family friend during a gathering they had had prior to the assault. I'm trying to put together the facts and legal arguments to see whether she can or cannot bring a reasonable suit against him in court, in order to sue him for emotional damages. This case was not pursued criminally, as there was not enough concrete evidence to justify convicting him of a crime, or so I was told by law enforcement representatives.

A few notes:

- This took place days after her 21st birthday, whereas the perpetrator was in his late 40s. She did not have a desire to be with someone of that age, sexually or otherwise, in any capacity, before, during, or after the incident took place.
- She has been diagnosed with PTSD after the incident, by a psychiatrist
- She contracted a particularly bad UTI in the weeks after the incident, and had to pay out of pocket to have it taken care of
- She was recommended to stay in a crisis intervention clinic, which she did, and she was billed for it
- She missed a substantial amount of time from work due to the stay in the clinic, unpaid, of course
- She has a Protection from Abuse Order filed against the perpetrator (which I assume shows at least some basic level of culpability by the perpetrator as recognized by the court?). He never was present at the hearing for that order, so it went through with no opposition

So I supposed my questions are as follows:

1 - Does she have a strong enough case to have a successful chance at suing him?
2 - Will it be necessary to hire an attorney to represent her in this matter, or would it be feasible for her to represent herself, or have another person do it (i.e. myself)?
3 - Does the statute of limitations for criminal sexual assault cases in our state also apply to civil matters such as this one?
4 - The criminal definition of gross sexual assault refers to "compulsion", will the same terminology and set of guidelines provided in the criminal version of these laws apply at all to our case in a civil environment?

Edit: ME - As in, Maine. Thank you locationbot.

Answer:
 I am not sure who you are to this person, but unless you are her husband, you enjoy no privilege with her (and even then the privilege is not absolute).  Everything you learn, every document you look at, everything she says is discoverable by the other side.  You can be called to testify against her.

Help her find an attorney and get the hell away from this.  You can provide emotional support, but that's it.

And no, you cannot represent her in court -- of course not.  The fact that you would even think you could demonstrates an alarming lack of basic knowledge.  You have to go to school for 7 years, pass a hard exam, and jump through a bunch of hoops before you can represent anyone but yourself in court.


Title: I got tricked into cosigning with someone else. I thought I was cosigning with person a and b but only cosigned with b.

Question: I helped get someone a car by cosigning with them but it turns out that i was actually only cosigning with someone else. Now I want to take over the car ownership and make the payments lower by putting more money down. How can I do this? Is it possible to get out of the loan all together? USA

Answer:
 Location matters.

Assuming USA, you should have reviewed and read the contract before signing.  Cosigning does not give you ownership of the vehicle.

Consider this a potentially expensive lesson learned.Answer #2: I have no idea what you're talking about. Can you reword this post to make it more clear?


Title: [TX] Leasing company sent an appraiser to our house. We believe she was secretly recording audio. of us.

Question:
Today an appraiser came to the house I rent in Texas. My property manager told me ahead of time, and has sent an appraiser out each year the last 4 years.

When the appraiser arrived, she rang the doorbell and my dog started barking. In an effort to calm my dog I waited to open the door. So she knocked, and I heard her through the door say, "I am knocking after ringing the doorbell." She was not speaking to me -- I just live in a really old house, and I could hear her talking to on a cell phone. Then a few moments later she knocked again and said, "I'm knocking for the second time." Then I opened the door and saw she was not talking on a cell phone. I thought that was weird and shrugged it off. She came inside and spoke with me for about 10 minutes and took photos of the house. Then she left.

After she left I realized that she was probably speaking into a recorder right before I opened the door. So I believe she was recording us. However, she never told me she was going to be recording me. It's my understanding that this is illegal.

I feel very uncomfortable at the thought of a stranger coming into my home and recording me without asking for my permission or at least informing me ahead of time. Is there anything I can do about this?

Answer:
 Eleven states require the consent of every party. These "two-party consent" laws have been adopted in California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington.

In Texas, you may record a conversation if you are a party to the conversation. Since she presumably was a party to the conversation, there is no legal issue with her recording.


Title: [WA] Hospital screwed up test that resulted in wife having 4+ week stay

Question:
Recently my wife and I went to the emergency room for something that was going on with her health. The hospital suspected they knew what her condition might be and ran a test. Test came back about an hour later as positive. Because of the positive test, my wife was put on immediate bedrest, and was told that she can not leave the hospital for at least the next several months. Now, the hospital that ran this test, was unable to support my wife and her longterm stay so they immediately transferred her to another nearby hospital that could support this stay. Almost 5 weeks go by, and the hospital that we were transfered to is doing some digging into her medical records and discover that the first hospital actually screwed up the test results. The test came back negative and the doctor misread the results, resulting in a very long stay in the hospital.

My wife had to quit her job and I had to basically become a single dad and miss some work for apperently no reason.

I'm basically just wondering if I should even bother getting a lawyer? I'm not looking for the world or anything but it might be nice to recover some lost wages. Is that something that would even be possible?

Answer:
 Medical mistakes are not the same as medical malpractice. The latter requires not only that harm be done, but that there was a deviation from the standard of care far outside the norm. Reading a test incorrectly, to me, doesn't reach this high bar.

That being said, malpractice attorneys make these determinations... after extensive chart reviews with a medical expert. If you are concerned, speak to one in your area. They often have free consultations. But, don't hold out much hope, based solely on what you posted above.Answer #2: IANAL but I am a physician, I would expect hospital A to eat the costs of the actual stay, especially if your insurance finds out and denies coverage.

Unless your wife made a significant amount of money (I.e. a million a year), there is very little chance a lawyer is going to waste time trying to recover a months salary. Even if you walk that out to several months for her to find a new job, it probably isn’t worth their time.


Title: [CA] Younger cousin got caught at school. What to do now?

Question:
Hello all,

My younger cousin (he's 16) got caught with 4 Xanax bars at school today. He got arrested and he is being charged with possession with the intent to distribute. What steps should he take in order to give himself the best shot of getting this charge expunged in the future? Please note that he lives in California.

Thank you

Answer: He should hire a lawyer. Check with the local public defender's office if the family can't afford oneAnswer #2: Tell him to talk to no one without a lawyer present.


Title: [NM] Getting a divorce while she's pregnant

Question:
Call me a piece of shit or whatever else but she's about 5 and a half months along and we both didn't intend for the pregnancy to happen. I'm in college studying Computer Science and I have a pretty bright future. However, she just does not. She dropped out of college and works as a receptionist at the local hospital. Our relationship has just been super rocky for too long and I just want out. She's told me before that if I leave she isn't going to put me on the birth certificate.

Assuming she follows through with that, whether she's pregnant while we divorce or the kid is really little, if I'm not on the birth certificate do I still have to pay child support and whatever else?
Topic:
Custody Divorce and Family

Answer:
 Since you’re married, you have a presumption of paternity, which means you’re on the birth certificate until you prove you’re not the father. And if her future is as bleak as you say, she is likely to file for state assistance, and the state will come after you for child support. Mazel Tov!Answer #2: She will eventually realize she needs money and can get it from you; threats right now about the birth certificate don’t matter.

Yes, you have to pay child support for the human being you made. “Accidental” pregnancies require two participants and the resulting kid is not to blame.Answer #3: Since you're married to her, you are automatically presumed to be the child's father whether she puts you on the birth certificate or not.


Title: Customer asking for a refund that amounts to nearly triple what the customer paid.

Question:
Hello, I have a classic car restoration business in California. We replaced a rusted out quarter panel on a customers car, the work was done in the correct manner back to factory specifications.

There were some minor fitment issues, something that any capable body man should be able to fix prior to paint (note: we did not quote out or get paid to fine tune the panel alignments)

The vehicle left and several months later he calls and basically says tat his body and paint guy said the tolerances are unacceptable. We had him bring the car back, came up with a solution to remedy the problem, the customer agrees and left. Repairs made, customer happy, no extra charge.

Fast forward several months again, the customer says they find an area that we failed to weld. He sends me pictures, to me it appears to be a weld that failed (was probably ground too thin... side effect of trying to make metal look too pretty to make the customer happy).

I say no problem, we’ll fix it. Customer is irate, yelling obscenities etc. I tell him I would be willing to completely replace that section with all new metal OR completely replace the entire quarter panel again. Long story short, customer says not good enough, doesn’t want his car in my shop anymore, just wants his money back. Ok no problem.

Problem: the work that we did was $510 in labor and a $350 parts, plus tax and freight.

The customer is requesting back in excess of $2300, citing inconvenience for him, and he’s including the price that his new shop is going to charge him to remove and replace the quarter panel.

He can’t possibly expect us to refund him entirely AND pay another shop to fix the problem (he’s essentially back at square one, it came in with a rusted out quarter panel and now it has one with no rust that doesn’t fit good enough to him. He’s in the same boat he was in before he haunted the bays of my shop).

Am I correct in assuming that the BAR and California law gives a shop two chances to fix a problem, and if he refuses to give us a chance to make it right then he forgoes his right to a refund? I’m still more than willing to give him back the money he spent with us but I’ll close the doors before I let him try and squeeze more money out of me.

Answer:
 The $2300 is only possible if the customer can show a reasonable estimate or had actual costs to fix improper work performed. Otherwise, yes, their damages in small claims would be capped at the price you charged.

There is also the issue they kept coming back to you. If you are so poor at doing the work, why do they keep coming back instead of going somewhere else supposedly more competent and then demanding a refund.

After that it is going to be pretty fact specific, and I'm not a car person to be able to make such a determination of facts.Answer #2: i would onsult a laywer (you likely have one that you deal with as a business owner?)

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also, you did have your second chance to fix the problem, he is refusing to bring it in a third time, which i would also do.

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From my perspective and the info here i would be requesting exactly what the customer is.


Title: Is it illegal to send someone nudes that aren't yours in return for money? [The Netherlands]

Question: [deleted]

Answer: So block him.  If he keeps bothering you, go to the police.  Don't commit fraud for money.  All he has to do is reverse Google search and you're busted.


Title: DUI in California

Question:
Hello everyone,

Last night I was on my way home, and I did have a few drinks. I was approaching my exit, and that's when the lights from the officers car turned on. He pulled me over on the side of the exit, and he asked me if I was aware I was speeding, and I asked him if I was speeding to which he obviously replied yes. Then he asked for all the registration, insurance, and my license. At this point he said that he is going to conduct a sobriety test on me, and I told him that I did have some drinks earlier on in the day when he asked me. He conducted 3 tests before giving me a breathalyzer test, and right after he gave me the option to do a blood test, or an other breathalyzer, or I can refuse and I'm sure that would have been worse. So I opted for the breathalyzer again, and then right after that he did handcuff me, but did not read me my Miranda rights. I was driven to another police officer, then he took me to the county jail where I stayed the night.

After looking at the report he stated that reason for stop was "driving 65 MHP" and the section that says my charges just says DUI in the first line, and then "DUI +0.08". I'm kind of at a loss on what to do, I just started a great new job and I'm afraid I'll lose it. Should I get an attorney? Or a public defender? Am I able to get my case tossed out or at least a reduction in fines? My hearing will be in august.

Answer:
 Yes, you should get an attorney.

>Am I able to get my case tossed out

For what reason?


Title: Property Management Company took away all parking

Question:
Location: South Florida US

So our property management company originally had a strip of land in front of our building designated as the parking lot. The realtor told us the property management company was going to pave it soon. Fast forward 2 years and the city came around and apparently the land belongs to them, they placed no parking signs and kicked every tenant off. This occurred in a 1-2 week time frame.

The property management company has no solution in place and people are being towed if they park anywhere else. There is no legal parking for miles around.

Is there any solution here? We only have 1 assigned parking spot in the back and we are stuck in a lease until June.

Answer: Unless parking spaces were specified in your lease or you are paying for a separate parking permit, you have no recourse. Especially since the property you were parking on didn't belong to the landlord to begin with. Answer #2: Does your lease include more parking than your one assigned spot?


Title: OR Ex-Friend with some scary charges.

Question:
What a teenage title huh? A really close friend of mine has just been taken in with some super intense charges, can't say i feel sorry for the guy but I would like to know how long he could be in for. All of these took place in Oregon. They are:
163.365 M11 / RAPE 2ND DEG (x2)
163.427 M11 / SEXUAL ABUSE 1ST DEG (x2)
163.395 M11 / SODOMY 2ND DEG(x2)
163.427 M11 / SEXUAL ABUSE 1ST DEG
Thanks for any help guys.

Answer: Depends what he is convicted of and what the judge sentences him to. No one can tell you that, but it's probably going to be measured in years if the charges stick.


Title: CA wages withheld for work accident?

Question:
Hi r/legaladvice,

My brother was laid off from work today. The owner of the company (a Los Angeles county family owned custom truck manufacturer; my brother was a sandblasting and powder coating worker) cited a lack of work. No big deal, he'll just file for unemployment. The issue today however, was his due paycheck for his last week of work. Normally he'd be paid on Friday for his previous week's work.

About a month ago, he was heat stripping a rim for a customer, and accidentally burned a hole into it. The employer asked that he pay to replace it. My brother said he wouldnt, and continued to work. Today when he asked for his check, the owner's son, who manages the office operations, claimed that they wouldn't give him his final check until he replaced the rim.

Am I mistaken, or in california aren't wages safe from deduction for to workplace accidents, whether due to negligence or otherwise?

He'll be filing a wage claim form with the department of industrial relations today. He called to notify the company of his plans, telling them that it would save everyone time and energy to just give him his final check outright.

Is he doing this through the proper channels? Is there anything he's neglected to do for this process?

Thanks!

Answer: He is doing the correct thing. His employer cannot legally withhold his pay for damage he allegedly caused. They could sue him, but they cannot use his pay check as a bargaining chip.  The employer can be subject to waiting time penalties if they fail to pay him everything he is owed on his final day.


Title: I bought an RV and am making installment payments on it, seller is now threatening to evict me. Can he do that?

Question:
I live in Colorado Springs, CO. We have a legal binding contract although it is unnotarized. I've already made the down payment and have made the first payment of $250 which is the agreed monthly payment in the contract. The contract states he can take the RV back if we do not make our payments. This is a contract the man wrote himself. I am making installment payments on it. But it does have what the vehicle is on the contract. He was dating my mother but she dumped him so he's trying to retaliate by trying to evict me out of the RV. I read that there are limitations to what he can do, that he can not rescind unless both parties agree to it (Colorado State specific law). If we both agree to it he has to give me back all of the money I paid. SO how is it possible that he can go down to court and get an eviction notice and evict me with out giving my money back? That is what he is trying to do. I am purchasing this motor vehicle from him and I haven't broken any terms in the contract. Is it even possible for someone to evict you from something you're making installment payments on when you are in compliance of the contract? The contract also states that he did in fact receive the down payment and the first months payment so he can't say he never received those payments.

EDIT: So that everyone can have more of an understanding of what exactly is in the contract...

Sales agreement for the following RV 6/9/16
1999 Thor Pinnical 35 ft

1. The buyer will accept the RV and pay for the said RV with/for the sum of $11,000.00
2. In addition to the purchase price specified in this contract, agreement(when the RV is paid off)
buyer when any document of title is transferred to them they are responsible for the registration in their names at the DMV. **(that means I am responsible for registering the vehicle)**
3. The RV is sold "As Is".
4. The buyer has accepted the RV in it's "Existing Condition".
5. The title will remain with seller until final payment, & delivery and actual receipt of the whole sum for the RV that is $11,000.00
6. Consideration of the covenants the purchase price of the said RV ($11,000.00) Shall be as follows: $500.00 down and $200.00 a month until the RV is paid off.
7. This loan is for one year. If the RV has not been paid off in the one year then said RV shall go back to the seller in full. ***(We know that paying $200.00 a month isn't going to get it paid off in a year we planned on making larger payments in the future)***
8. If any payment of more money that is given (an running update will be shared for what is still owed.)
9. My intent is to get this paid off as soon as possible (both parties).
10. The seller reserves the right to cancel this agreement if monthly payment is not made. ***(We have made all payments so far)***
11. In the event of the buyer's insolvency or bankruptcy said RV shall go back to seller. ***(We are financially stable.)***
12. And if the seller deems that his prospect of payment is impaired the RV will go back to the seller, but the seller will in good faith try to let this deal go through, all seller asks is that the buyers stay in communication with him if there is a delay of payment. A running tab shall be kept by both parties, and signatures will be attained by both parties so each can have a running tab. ***(We have the bank check he received of the down payment/first payment with his signature on it)***
13. A check of ($250.00) was received by the seller from the mom in that amount. For a little down payment.
14. As for the agreement of Chris (Sam) one of the buyers, the seller and Sam agreed to for buying parts for the RV to split that original ($250.00) in half he paying $125.00 and seller paying $125.00.
15. So the initial down payment of $500.00 was not received in full but $125.00  was received as a down and seller agrees to this.
16. As of now buyers are accountable for the rest of the down payment that is $575.00 to be paid by the 1st of July with the ( 5 day grace period). ***(Before we signed this contract we told him we couldn't make that payment and that it didn't add up correctly the down payment is supposed to be $500.00 so he amended the contract on the top stating "For 7/1/16, a payment of $250 will be made" and it has all parties signatures/initials)***
17. The buyers have been in said RV from the 1st.

Then on the bottom we have the date it's signed which is (6/9/16)
Sellers signature -----
Buyers signature -----

As you can see the contract clearly states that we have been in the RV since the 1st of June and he allowed us to stay in the RV for a week and 2 days before the contract was ever signed. We had an oral agreement with us that he was going to fix everything in the RV and that the down payment was only going to be $250 and the monthly payments would be $200. So on the 9th of June he showed up to the RV with this contract that was completely different from what we orally agreed to. He passively threatened that if we didn't sign this contract that he would just take it back assuming that we didn't want the RV  after we had already moved out of our apartment and passed up on a better apartment. I am 6 1/2 months pregnant and I didn't want to end up on the streets with my husband and 2 dogs so I really had no choice but to sign this contract. It's a bait and switch.  Of course I noticed how badly written the contract is and it can be interpreted in different ways.
So now I'm constantly being harassed by him, he's leaving voice mails, text messages, and calling me constantly to tell me I'm going to be evicted from the RV. He threatened to bring 6 or 7 guys to the RV to throw me out. I have already contacted the police and they said if he shows up and tries to come in to keep the doors and windows locked and to call the police, but the rest has to be settled in court.
The purpose of this post was to find out if he could really evict me because what I'm most scared of is ending up on the streets.
Would this be considered fraud?

Answer:
 He can't.  He's either blowing smoke or is a complete moron.  Both are possible but I'm guessing the first one.  You signed a contract.  Assuming it's valid (I have no reason to doubt this) then he can't just decide to break it.Answer #2: There is a scam I have seen before where the owner of a vehicle sells it to another person, and then after a year or two of good payments, "loses" the checks, claims the purchaser couldn't pay and repos the vehicle.

This way they get to pay off a vehicle for their own use, or for future "sales."


Title: [KY] Terminated from job because background check said I had a criminal history but I don't.

Question:
A week ago, I applied for an assistant manager position with a sizeable retail chain that has small stores. They were apparently short staffed, and, although I wasn't super qualified, they offered me the job and asked me to start in a few days.

Today, the district manager shows up. He asks me to come into the backroom with the store manager. The DM explains that the company ran a background check on me, and he is terminating me because I lied on my application when I stated that I had not been convicted of a felony (apparently drug charges came up on the background check). He took my store keys and asked me to leave.

The problem is, I've never been arrested, much less convicted of a crime. My worst offense is a rolling stop through a stop sign that occurred years ago. I tried to tell him that there was a mistake, but he was having none of it.

So now I'm out of a job, and for my age it is a decent one with decent pay. Do I have any options here when the reason for termination is very bogus?

Answer:
 Personally I would be less concerned about losing the job and more concerned about someone wandering around pretending to be me and getting a criminal record to boot. In truth it's probably an error (two names confused or a misplaced social security digit) but it could be a case of identity theft. So you need to get that sorted out. Answer #2: IANAL, but I think the employer violated the Fair Credit Reporting Act in this case. According to FCRA, if a background check leads to any adverse action on behalf of the employee (e.g. getting fired), then the employer has to send you a notice of planned adverse action BEFORE going through with this action. You are then given a chance to respond/refute the claim (usually 5 business days). If you do not satisfactorily respond, then the employer can proceed with the adverse action.

However, I'm not sure if you could successfully sue and recover damages / get your job back. Good luck!


Title: Idaho, puked out of a pack for speeding

Question:
I was on my way home from work, passed a state trooper, didn't think anything of it because I was in a pack with all the other cars going home from work. He came into the pack, pulled me over and gave me a ticket, probably because I have California plates.

Is this legal? Can I requisition his dash cam footage to show that he singled me out of the pack, and would that help me in any way? Do state troopers in Idaho find this an acceptable practice and would I benefit by trying to complain to his superiors? It was on the stretch of road between Rigby and Idaho Falls, which I think is the 20.

Answer:
 Yes it's legal for him to give a speeding ticket to one car out of many. Would you expect him to pull over every single car somehow?

You will gain no benefit from either of your proposed actions.


Title: [IL] Signed an estimate for tree removal, got a bid for 1000 lower price

Question:
It's a big tree. Anyway, got estimates for $4500, 3000, and this guy came in at $2500 on 5/13/18.  My neighbor is having a tree cut down and had them come over to estimate our trees and came in at $1500.  The only paperwork I have is an estimate, signed by the owner, header says 'job estimate' and 'acceptance of estimate'.  He gave me the bottom copy. He came back and had me sign the top copy after talking about the tree and what we wanted done.  I BELIEVE I signed the top form from what I have the bottom copy of here.  Next to the signatures, states "The above prices, specifications are satisfactory and hereby accepted.  You are authorized to do the work as specified. Payment will be made upon completion of work." (the sentences are in quotes)

Is this a contract and am I bound for the $2500 guy to do the work?

Answer:
 Yes, if you signed you now have a valid and binding contract. There's offer, acceptance, and consideration. The only issue here is acceptance, and by signing the contract you demonstrated that you accepted the terms of the offer.

[edit] You can call the contractor and see if you can get a copy of the signed form for your records. If he provides one, then the question is resolved.


Title: IOWA: (Family Law) What recourse do I have if I feel I was taken advantage of by my attorney and unfairly represented?

Question:
I retained counsel in February after being served with child support modification papers. During our initial consult, my attorney quoted me about $3k for the whole case. I gave $1800 as retainer. We also agreed the plan of action would be to reach out to petitioner’s attorney to settle on a very specific list that I came up with.

After I left the office I never heard from the attorney except through endless discovery and interrogatories, along with lawyer bills exceeding $8k total. I tried to keep up with paying her, but as of late October I still owed $5k and she sent me an email giving me three days to pay in full or she would have to withdraw. I agreed that withdrawing was for the best as I could not afford to keep funding this.

Before retaining a new attorney I approached the petitioner’s attorney and asked to settle, and asked if my attorney had ever even tried to settle. She said that my attorney had never approached her to settle and within 2 weeks we settled on the EXACT terms I originally was wanting my attorney to present. This has been signed off by a judge and case is now closed.

My ex-counsel wants her remaining $5k paid ASAP, but I’m kind of pissed. 3 other attorneys I consulted with (before deciding to settle unrepresented) said the fees that I was charged were astronomical and one even said “I am not your attorney [yet] but I would not give her another dime. She is known for doing this.” My ex-counsel is threatening to send this to collections which I obviously don’t want either. I’m also relieved to be done with lawyers so I’m not trying to cause any huge problems, but I’d like to know if I should just suck it up and pay this, or if I should raise the issue.

Answer: Review your retainer agreement and report to bar. Most state bars have free fee dispute resolution services.


Title: Storage facility sold my stuff I never had a contract or signed anything

Question: I'm in Oklahoma and I had stuff at a storage facility that a friend owned. He sold the facility and then the new owners sold my stuff. I never had a contract or signed anything the agreement I had originally was verbal. I found out they sold the stuff this past January. Do I have any kind of recourse here?

Answer:
 Why did you wait half a year to pursue this?

 Knowing you had no contract, did you take measures  to inform the new owners of your situation?

 Were you paid up?


Title: NJ: Can I construct a landscaped dirt ridge on my property line to deter water run-off from neighbor’s property?

Question:
My neighbors have a paved driveway that’s elevated (4-6 inches tall) and runs the length of my property. When it rains the water runs off their driveway and dumps onto my property creating standing puddles of water. This area is nothing but dirt and mud because of it. We want to put down some new soil and re-seed with grass but all that would be pointless without fixing their run-off first. The other concern is we have an in-ground pool in that area and don’t want this water to further damage that. We’ve already noticed some erosion around the concrete pad of the pool adjacent to the flooded area. As a result, the concrete pad has started cracking.

**Can I landscape a dirt ridge along my property line to prevent their water run-off from further flooding my property?** We would grade the ridge into our property so it wouldn’t just be an obvious mound of dirt. Essentially, this would create enough of an elevation on our property to prevent their run-off from flooding our property. *The obvious answer is to put in a French drain but they are unwilling to go 50/50 with us because ‘it’s unnecessary as their property doesn’t flood’ and we can’t afford it completely by ourselves right now.* However, we can do this re-grading/landscaping by ourselves. If our landscaping pushes their water back to their property and they now have flooding, would we responsible for that? That's essentially what they are doing to us right now. We really don't want to be petty but we also need to fix this issue.

Answer:
 New Jersey follows the common enemy doctrine for surface water.

>Common enemy doctrine

>The common enemy doctrine is a rule derived from English common law. It holds that since surface water is a "common enemy" to landowners, each landowner has the right to alter the drainage pattern of his land (**for example by building dikes or drainage channels**) without regard for the effects on neighboring parcels, as long as that water flows to where it otherwise would have naturally flowed. Typically, a landowner can capture surface water (e.g. by rain barrels or dams) as well, and lower landowners will not have a cause of action unless the diversion is malicious.[2] This rule is followed by approximately half the U.S. states, although some states have modified the doctrine to hold landowners liable for negligent damage to the parcels belonging to neighboring landowners.

https://en.m.wikipedia.org/wiki/Drainage_law

Answer #2: As long as your property has a lower elevation to outlet it at French drains are really cheap and simple to install yourself. You need gravel, drain tile and a few rocks for the outlet


Title: Post office/landlord withholding mail

Question:
I live in Mississippi and the landlord or local post office decided to switch to a central mailbox in our neighborhood even though we have mailboxes in front of all of the houses. The landlord contacted me and asked me to pay $20 for the keys to my mailbox. I cited nited States Code, Section 1708, taking mail or concealing mail that is not intended for the individual in possession of the mail is considered theft and is a third degree felony. She told me it's the post office's doing and asked me to contact them.

Is it legal for them to just make me pay to get my mail? Regardless of the amount, it seems illegal

Answer: It's not legal to have to pay someone to get mail service. It is reasonable to ask for a deposit for a mailbox key (if there's a provision in your lease for it). You should figure out which one it is.


Title: Do you think I need to hire a lawyer?

Question:
I want to start by saying thanks in advance and that I am in Ohio.  On Friday morning the car I was driving, '98 Jeep Cherokee, broke down on the side of the road.  The car belongs to my moms fiancé, who had given me permission to use it until I could get on my feet and get my own car, with the condition that I would be responsible for paying him back for the repairs he made to it before giving it to me, and that I would cover the insurance.  The insurance is in my name.

So while I am sitting on the side of the road waiting on my father to arrive to help me, a sheriff pulls up behind me.  When he ran the plates, they came up registered to an '01 Chevy.  I was shocked, I was under the impression everything was legal about the car, the plates even had the proper stickers for registration, so I assumed everything was good (my first mistake, I suppose).  The sheriff wrote me a ticket for having fictitious plates on the vehicle and I'm not sure what my next step should be.  I should also note that the registration for the vehicle was not in the car at the time, also unbeknownst to me.

What do you think I should do?  If I had known the plates weren't legal, I wouldn't have been driving the car, but I also don't know of a way that I could've checked.  Do you think I need to hire a lawyer?  My first court date is on Friday.

EDIT:  Thanks for all of your advice, I have decided to hire an attorney just to cover all my bases.

Answer:
 You are responsible for the legality of a vehicle you are driving.

You can hire a lawyer if you want to, but if the violation is a traffic ticket with no points possible, then the only thing you are facing is the fine.  You can talk to your mom and her fiance, if they are willing to pay some or all of it, then you can mitigate your damages that way.


Title: Local police sent me a “service” bill 7 months later.

Question:
7 months ago I got into my first car accident as late at night I backed up into a parked car that was on the street. No injuries, and nothing serious. Being a decent person and not wanting someone driving away if they hit me, I contacted the city police and filed a report. The police station is literally 200 feet from where it happened, right down the street. After filing a police report and taking my insurance they gave me a $200 ticket for hitting another vehicle on a “public street”. So whatever I paid it off and moved on.

7 months later I get a note in the mail as they charged me nearly $600 for their “service”. Excuse me? What do I pay taxes for?
Firstly, they charged me for two police cars, when one showed up to the scene (small town) costing over $300, then an administration overhead expense of $180, on top of the two police officers at the scene for another $40 each. Seriously, none of my friends or family have ever heard or seen this before.

And me being a 23 year old making an effort in paying back my student loans, so $600 is almost an entire paycheck. I’m livid and don’t know if they can actually do this. Don’t know where to go from here or to even pay it. Going to talk to my insurance agent soon to see if they can fill me in.

If anybody can give some insight that would be much appreciated. My parents and relatives have all been in accidents before, but were never charged a “service” fee months after. Was I not supposed to notify the police that I hit another vehicle....? Unbelievable.
Topic:
Traffic and Parking

Answer:
 It happens because municipalities need money (and an argument can be made that the costs of service should be passed on to the users). They know the bills frequently get passed to an insurer that has lots of money and they think there's a fair chance it'll be covered.

The practice is usually not illegal.

Give the bill to the insurance company you had at the time and see if they'll pay it. If not, tell the town you can't pay it. Very frequently, the bill disappears once they learn an insurer isn't paying it. Sometimes not though.


Title: [Ohio] Getting primary custody

Question:
Throwaway, and I've got to be a bit vague, mother is a redditor.

My son is two and a half and his mother has full custody. We were never married and currently are not together. I've been living on my own and working very well-paying jobs for quite some time now, whereas she has not worked in three years and just collects child support that she "only uses on ___ and not a dime goes to anything else" and has jumped from living with family to current boyfriend and back.

Over the past year she has done some less than desirable things, including letting him sustain multiple injuries (ex: admittedly not paying attention to him and him grabbing her hair straightener). Also, he's come to me reeking of cigarette smoke, completely filthy on multiple occasions, and always with a new cut or bruise (I've been just dismissing it as him being that age, but it's literally EVERY time).

She's also admitted to me that she thinks she's becoming and alcoholic, can't deal with raising him, and threatened suicide multiple times.

I have proof of everything I've stated above and more that I haven't listed. However, I've been too afraid to call CPS for fear that they wouldn't award me custody and he would fall into foster care. I also have waited so long to take her for custody because of the fear that she might either disappear with him once she gets the papers or might even hurt him and/or herself.

How should I go about this, reddit?

Answer:
 This is a situation in which you really are going to have to hire an attorney to navigate it for you. Timing is everything in cases where mental health and suicide are issues, and a competent attorney can make sure it gets done just right.

Don't be afraid of CPS in your situation. If you have a safe home with a place for the kid to sleep, normal things kids need, etc, it'll be fine. It's possible foster care might happen for a very short term, but it is what it is. It depends on the policies of that particular department. It's also why you need to speak to an attorney before doing anything. He or she will know exactly how it works in your jurisdiction.

Next time she threatens suicide, call the police if you believe there's a danger, and meet them at the house to get your child.


Title: Am I breaking the law by helping my mother hide her savings from the bank?

Question:
**Background:**

I'm a student in Ireland. I live away from home and keep two separate bank accounts. I don't really use my second account. My parents have just recently made a deal with the bank (to clear their debt if they sell the properties they own). As part of the deal, they get to move to an older home that needs a lot of work. Obviously they need money to do this house up, but the bank watches their accounts very carefully.

My mom asked me if she could keep €12,000 in my bank account (€3,000 at first and then another €9,000) so that the bank doesn't know about it and take it off them. I said yes because I know they're really stressed about all this and I wanted to help in any way I could. I was kind of worried that I might get in trouble for it, but decided to trust her. She's asked me to take the money out in lots of €500 euro multiple times a week, so that she can pay the guys who are working on the house.

I know this all sounds very dodgy, but I'm certain this money hasn't come from drugs, robberies, etc. I know that my mom used my name/Personal Public Service Number to pay "me" for "hours that I worked" in their shop, so I think that's probably where the money came from (probably not much better in the eyes of the law).
Am I at risk of getting in trouble here? I don't really know anything about finance, or what's actually going on. I really want to help my parents, but at the same time I have to protect myself too.

**TLDR; Mom has €12,000 in my bank account. She wants me to withdraw it in small amounts so the bank don't notice. Can I get in trouble for this?**

Edit: Included location

Answer:
 So either
1. Your mom is putting her money in your account to hide it from her creditors
or
2. She is giving you money on the pretense you work in her shop but then taking that money back and spending on her house.
The first way she's scamming the bank, the second way she's scamming the revenue and the bank. Don't get involved in this. Answer #2: > I know that my mom used my name/Personal Public Service Number to pay "me" for "hours that I worked" in their shop

At the **very** least you and your mother can both get in trouble for not paying taxes on these amounts. There's no such thing as souvenir income: if you're getting a salary, there's taxes owed by *somebody*.Answer #3: Sounds like a lot of fraud going on. Answer #4: Well, you haven't provided a location, but I'm having a trouble thinking of a legitimate reason for your mother to do this. Yes, you can probably get in trouble. Answer #5: > My mom asked me if she could keep €12,000 in my bank account (€3,000 at first and then another €9,000)

That sounds a lot like structuring, which is a crime in itself. You'll need to transfer the amount in one transaction.

EDIT: as a nice extra touch, the government can actually do civil forfeiture if they find out about structuring, meaning they seize the money and you have to prove it was earned in honest ways, without the presumption of innocence.


Title: Windstream claims I owe them money but have no record of it.

Question:
Windstream sent me a debt collection notice with my last name spelled way wrong about a year ago. I have never had an account with them. When I called the and gave them the account number in question they had no record of debt so I thought that was the end of it. I'm now receiving 3rd party collection notices on behalf of the false debt. Is this a scam that I need to turn over to the police? What are my next steps? Thanks in advance.

I live in Georgia, United States

Answer: Sounds like someone else owes money and they just decided it was you because your names are similar. You should send a certified or registered letter demanding proof of debt and telling them if they cannot provide it to stop contacting you.


Title: NY - my dad died

Question:
My dad died. My sister and I are his life insurance and stock accounts beneficiaries.

He owns a vehicle which he signed over to a family member the week BEFORE passing.

I just learned about the medicaid recovery act. He was using medicaid the last 5 months.

What can they go after for reclaim and is there anything I can do at this point to protect his stock. My sister was 100% dependent on him and cannot afford to lose what he has left.

I'd estimate he has about 50-70k in two stock accounts.

Answer:
 I am sorry for your loss.  I would let the executor of your father's estate handle this.

If, in fact, your dad was ineligible for Medicaid (which is unclear by the nature of your post), the government will come after the estate to recover the assets.

But it's not clear to me your father was on Medicaid. Are you sure you that your father wasn't on Medicare Hospice for the last few months of his life?


Title: New landlord not giving me mailbox key?

Question:
Location - Baltimore, MD

My SO and I just moved into a new apartment building 2 weeks ago. We still hadn't been given our mailbox key a week in, and were finally able to get in contact with the property manager. She gave us a specific date that maintenance would be coming to drop off the key, as well as to fulfill a couple maintenance requests for broken things around the house. They never showed.

My boyfriend and I have been trying to contact them via email, cellphone, office phone, text. They have been completely unresponsive for over a week.

We both have important mail sitting in the mailbox that we do not have access to. It's extremely frustrating and we don't know what else to do! Our tiny mailbox is probably packed full at this point. And now that it's the weekend again our chances of getting the key before next week are slim.

Additionally, the fire alarm in the entire building has been going off nonstop for an entire week. They sent an email to all tenants promising that it would be fixed by the end of the day - this was 6 days ago! Still hasn't been fixed. This is not only an annoyance, but also a serious hazard.

Not having a good first impression with this property management company and am wondering if there's anything we can do about this?

Answer:
 I'd call your local post office about the mail key.

And the fire marshal about the alarm.

NAL.Answer #2: Contact the postmaster. They are interfering with your ability to get your mail, which can be a crime in certain cases.

Contact the fire marshal about the fire alarm.

Contact a tenants' rights organization about the sum of the issues.Answer #3: You may need to just take a day off or just spend a Saturday to sit around and wait on the mail carrier to show up. If you’ve got documentation (lease) and your drivers license they should let you pick up what’s in the box. I’ve had this happen to me in the past and had no trouble retrieving my mail.


Title: Airbnb opposed my trademark because it contained the word "BNB".

Question:
I'm launching a new startup and the brand name contains the word "bnb", as there are thousands of others right now.

When I registered my trademark internationally, which cost me dearly, I received notification that Airbnb contested our trademark.

However, as far as I know, "bnb" is a generic word (means Bed and Breakfast, or plenty of other definitions) and I see many companies using the term "bnb" in their trademark, a few examples bellow :

[https://fr.bnbsitter.com/](https://fr.bnbsitter.com/)

[https://startupbnb.com/](https://startupbnb.com/)

[http://www.bnbsuite.com/bnb-startup/](http://www.bnbsuite.com/bnb-startup/)

The last thing I want right now is a costly legal battle with Airbnb. Before I contest their demand, I need to make sure I'm in the right.

Thanks for the advice everyone

Answer:
 If you want to win, you have to hire a lawyer who deals with IP law and trademark law.

This won't fly in court. BNB is a generalized term. There are thousand of businesses across the world who use the term BNB in short or long form.

They are just trying to pressure the little guy. And can if you go to war without loading up the big guns.

Hire a lawyer.


Title: A friend of mine (college student) was caught with drugs and is being threatened with jail time.

Question:
I have a friend who goes to school in Connecticut who has been having a hard time lately. His best friend committed suicide over the summer and it really effected him. I was worried about him as he seemed to be doing worse lately, especially since he has been diagnosed with anxiety and depression. He has been smoking marijuana every day, but recently he has started to recognize that he needs help.

A couple weeks ago he was smoking in his dorm room at school. an hour after he finished the police came. Eventually they searched his room and found marijuana, and different kinds of pills, most of which he did not have a prescription for, but some of them he did. They took all the drugs, so he does not have access to his medication right now. He spent the night in prison. He admitted to selling the pills to buy more marijuana.

He is really worried that he will serve jail time, as that is what the police threatened him with. He is a good kid and is actively trying to seek help, as he knows that he should deal with what is going on. Drug counseling would be phenomenal, as would any other type of counseling.

His family does not have a lot of money so getting a "good" lawyer is problematic, but they will pay for one.

Is it possible he will serve jail time for this? I know our drug laws are absurd, but it seems to me he could be a productive member of society if he gets the help he needs to deal with his anxiety and depression.

What should he do?

Thank you for reading - any advice would be really appreciated

Answer:
 He needs to get an attorney.

He could serve jail time, but if he's a first time offender his lawyer may be able to help him enter a diversion program.


Title: I think a hospital shared previous medical records with my mother while I was incapacitated. Is this legal under HIPPA?

Question:
A couple of months ago I ate an (apparently) really potent edible after not having any sort of weed for two months. I was at my apartment alone and began to feel the blood drain from my lips and face as well as my heart beat out of control and I freaked out and called my mom. She came over and called an ambulance and I blacked out before I even got to the hospital. I was unconscious for most of my visit. My body went into overdrive and I was in tachycardia for a while, so they kept me there until my heart rate went down.

Earlier in the year I went to the same hospital for a panic attack. I had accidentally ingested meth (long story short, I trusted some people I shouldn’t have) and after coming down from the “high” of it started to go into really bad panic attacks, to the point where I thought there was something physically wrong with me. The visit was very short, and they did nothing for me other check my bp and heart rate,  took a urine test in which they told me I had a bad UTI, and told me I was just having a bad panic attack and sent me on my way. They did not hook me up to an EKG or even give me fluids.

Now, I am a very private person when it comes to my health. I don’t like disclosing things with my family because they can be rather judgmental. The above incident I especially didn’t want anyone to know about, so much so that I ubered myself to the ER and back. I did not want my past medical records disclosed with anyone, especially not my parents.

In a recent conversation with my boyfriend (who was at the ER in the first incident I described) he said my mom seemed to emphasize the word “meth” when talking about any labs they ran and that they were sharing some past medical information with her. But he didn’t hear them directly tell her that I had ingested meth previously. She has not told me that they disclosed my incident with meth to her, but now I’m highly suspect.

If I do find out that this hospital did disclose my previous medical records with my mother, can I take legal action?

Answer:
 If you were incapacitated, someone needed to make medical decisions for you.  That person will, by definition, have more access to your medical records for the time needed to make those decisions.

A release of relevant information, in the process of gaining you proper care, will be no issue.  Asking if you had taken meth, given that you had previously taken meth, is not a problem.


Title: 18 year old guy dating a 17 year old of the same sex in California.

Question: Is that legal? I know the the age of consent is 18, but that's something I'm not to worried about because im not some sexual deviant. Am I able to kiss the person or is that prohibited too? Any advice is welcome, I just want to know so I won't get involved then.

Answer: Huh? If you are 18 and not a sexual deviant then you need to get out of the house more. Sigh. Youth is wasted on the young!


Title: Two years ago my father pulled me out of college and made me work at his restaurant for 10 months without any pay. Now he refuses to pay me for what I believe is owed to me. Do I have a liable case?

Question: [deleted]

Answer:
 Why did you have no choice? You were an adult.

Your location is going to matter. The laws are often different for family members working in a family owned business.


Title: A friend was just arrested and charged with MDMA possession in Florida, IANAL but his family is trying to figure out what he's likely facing

Question:
For whatever reason his family has asked me what I think he's facing as far as charges and imprisonment. He was caught going on a cruise with possession of between 14-28 grams of MDMA. From what I've read in Florida laws so far it looks like it will likely be a third degree felony, I could be wrong there though. That also appears to carry a sentence of no minimum with up to 5 years in prison.

Edit: It also looks like he's now been charged with "COKE/SELL/DEL/W/INT" on top of the trafficking charge

Does this sound about right? I don't want to tell his family something completely incorrect... I also don't want to leave them high and dry if I can help. I know I probably should just stay out of it and tell them to ask a lawyer, but I know they can't afford a lawyer and he'll likely be using a public defender.

Any comments, even "don't tell them anything if you don't know" are appreciated.

Edit: from the info below it appears I was wrong

Answer:
 What was he charged with? Assuming he was charged for between 14-28 grams of MDMA, he's into trafficking charges. Between 10 grams and 200 grams, there's a mandatory minimum sentence (if convicted) of 3 years in prison and a fine of $50,000.

[Florida Statutes §893.135\(k\)(2)](http://www.flsenate.gov/Laws/Statutes/2015/893.135)


Title: Paying an ex for the amount we had paid off of our house prior to divorcing.

Question:
Edit - I forgot to include that I'm in Illinois in the title, sorry.

My wife decided in early 2013 that she no longer wanted to be married.  She sat me down and said she just did not love me, and she did not want to live out our "suburban life" that we had planned.

Some context:  I was 26 she was 24 at the time, we were married at 24 and 22, and had been married for just over 2 years when she decided this.  We both grew up in a smaller town in Illinois, went to the same college, and got married just after graduating.  We dated each other a total of 3 years before we got married, so it's not like we just rushed into things, in my opinion.

We moved out of the small town less than a year after getting married to a large suburb just outside of Chicago.  I had secured a job in the town we moved to, and not long after moving my wife found a great job in Chicago, which was a decent commute on the train every day.  Instantly our lives were very different, we went from seeing each other every day for breakfast and most of our evenings, to me dropping her off at the train in the wee morning hours and picking her up usually after dinner.  She started spending more and more time in the city going out with her coworkers and friends, and complaining that she had no friends or things to do in the suburbs where we lived.

Well we ended up finding a great deal on a house in the suburbs and bought it.  This was in November of 2013.  We purchased it for 100,000 with a 5,000 down-payment that I paid out of my personal IRA (a special rule allows for first time homeowners to use IRA money penalty free up to 10,000).

At this time her job started to take off (she is a recruiter for accounting and finance jobs), to the level that it put her on track to make $150,000 in 2014.  I make approximately 47,000 at my job, and it is salaried, no commission will increase it like hers.

Anyway, she decided in February that she no longer wanted to be together which started a long period of me begging her not to leave, and her saying she had made up her mind and there was nothing that was going to change that.

I felt it was fishy at the time, I had not treated her poorly or done anything I felt was worthy of being divorced over, but she assured me she just wasn't happy with where her life was going and wanted to try something different.

In May of 2014 she moved into an apartment in Chicago with a few girls, and as of next week we will be officially divorced.  I tried to reconcile multiple times over the last 10 months, but to no avail.

All of this is important because when she split she said I could have the house, as it is not paid off, I will have the benefit of keeping the house, but will incur the mortgage myself.  By the time she left we had paid off $23,000 in total, including the $5,000 down payment.   Two days ago she e-mailed me and stated that I needed to refinance and take out an additional $10,000 that is owed to her for half of what was paid on the house.

I do not think I owe her anything, she was living in the house and still married while we were paying on it, and she made the decision to leave.  The settlement agreement we have signed and will be in prove-up on Monday states that within 30 days of the judgement she has to sign a Quit-Claim Deed and the Deed will be in just my name, but there is absolutely nothing in the paperwork about me owing her any money, which I think works in my favor.  Am I legally bound to give her any money or worry about her trying to force me to sell the house?

Thank you for your help, please let me know if you need any more information, as I'm sure there are details I've left out.

Answer:
 >  Am I legally bound to give her any money or worry about her trying to force me to sell the house?

Your divorce decree would control here.  Talk to your attorney about what the decree says about this.


Title: {MA} The housing authority (state) I live in will be spraying (pesticides?) outside in one week and I don't like this at all. There is no evidence of even inspection(s) for issues with pests. They do this on a regular basis. I moved in during winter and obviously this was a non-issue then.

Answer:
 What is your legal question?  Can you stop the property owner or manager (in this case the housing authority) from spraying their property for pests?  No.

>I don't like this at all

Are you raising a moral objection, or do you have some kind of tangible concern as it relates directly to you?Answer #2: The reason there's no visible pest anywhere is.....because they do regular applications. Answer #3: As long as the Housing Authority is following any applicable state law/regulation regarding the application of pesticides (and providing appropriate notice about the application of them if required), I don't see what you can do.


Title: Someone confessed a heinous crime to me

Question: [deleted]

Answer: No obligations. You can contact C's attorney if you like.


Title: How likely am I to do prison time?

Question: I'm in IL charged with class 1 felony for manufacture/delivery of cannabis, and class 2 for possession. The amount was 10lb. This is my first offense with no prior background. Mandatory minimum of 4-30 years. Is there any way around that like probation or something?

Answer: You need a lawyer. Expect to spend $5-7K. You may be elligible for pre-trial intervention, but you really have to have a lawyer advocate for you here.  Answer #2: Mandatory minimums are just that: mandatory.


Title: What requires website users to pay for their services?

Question:
I'm working on a website where you pay after you use the service since the cost is calculated based on what you do.

I was wondering, what do I need to include in the website to make the user legally obligated to pay? The cost (based on a percentage) is clearly stated before the user uses the service and they have to agree that they will pay this, but what terms do I have to use to make it legally binding?

Also, what if a user does not pay? I can close the account and prevent them from creating a new one, but what can I do if I do not receive payment after they use the services? All payments are received via PayPal.

Thank you!

Location is Connecticut, but I don't think it matters.
Topic:
Computer and Internet

Answer: You only need to explain to people what they will be billed for and how the bill will be calculated in order to have a legally binding bill.  If you want customers who are less likely to pay their bill, then take payments by paypal.  If you want customers who are more likely to pay their bill, then take payments by credit card and debit card (and get their card information up front).


Title: I live in a two-party consent state. Can I record a call that informs me "this call may be monitored or recorded" without making any statements of my own?

Question:
Location: New Hampshire

Basically, I'm asking if that automated phrase "this call may be monitored or recorded"  that they play before transferring me to a person establishes all required consent between the two parties, or do I have a duty to inform them that I'm also recording on my end?

Answer:
 This is hotly debated.

One side says "yes", because clearly YOU know you're recording the call, and clearly the company and customer service representative know the call MAY be recorded, so there's no expectation of privacy on either end.

The other side says common sense is all well and good, but the legal system doesn't always run on common sense, and there's no caselaw to back this up. This gets complicated by the fact that most companies will hang up if you inform them that you're recording their call.

In other words, there's no solid answer yet.


Title: Parking ticket - University Campus TCNJ [New Jersey]

Question: [New Jersey] I got a parking ticket for overnight parking Thursday night (11pm-5am restricted, M->Thursday night) at TCNJ. They wrote my plate but got the model of my car wrong. They wrote FORD as the model and I drive a Mitsubishi, however they got my *correct* plate number. I don't attend the school, I was just visiting. The ticket is for $55 and there's *no way* I'm paying that. The lot is legal to park in over the weekend anyway and is ALWAYS empty. Should I pay it? Would they track me down?

Answer: They don't need the model to be correct to fine you. You were parked illegally so pay the fine and don't do it again.


Title: My roommates dog killed my therapy puppy and she still hasn't paid me the vet money

Question: [deleted]

Answer:
 > I don't want this to turn into a legal thing

If they're not being cooperative, there's little you can do to force their hands without turning it into a legal thing. If your jurisdiction has a small claim's court, that is going to be the best route to take.


Title: Mother is trying to make me pay for health insurance?

Question: When I was living with them as a 19-year old student dependent, she bought health insurance for me. Now I've moved out and am married. I bought new health insurance. She said she would cancel the health insurance. Today I got a text saying I owe her hundreds of dollars to pay for the health insurance service that she has been charged for. She says she never cancelled it because her account was messed up and she couldn't figure it out. She says that she told me that and that at the time she told me to call the health insurance company myself to sort things out.  She told me neither of those things and I have been operating under the assumption that she went into her account and cancelled my previous insurance. Do I have a legal obligation to pay her?

Answer: No, you don't. It's her responsibility. They have customer service lines for a reason. Answer #2: No, not at all. In fact, you can't call and make changes to her health plan no matter what, so this is in no way your responsibility.Answer #3: If she is the policyholder, it is impossible for you to call up and cancel yourself.  Only the policyholder can do that.  Answer #4: You have no legal obligation to pay her back. However, this surely won’t be good for your relationship with your mother, my sympathies. Answer #5: If she gets insurance through work tell her to ask HR for help. Her employer will save money if they can stop covering you, so they will have an incentive to make sure you get removed. Otherwise I think she just needs to contact the insurer and figure it out.


Title: Suspended from work for not showing up for 2 days.

Question:
I didn’t show up for work for two days,!I didn’t communicate with my boss and my phone was off. I’ve never received a written warning before. My hearing is in 2 days, can I get fired?
Topic:
Employment Law

Answer:
 Assuming you're in the US, yeah you can be fired for no call no show.Answer #2: Yes, you can get fired. Failing to show up for work is what we call job abandonment. You don't state where you are, but if you are in the US, you can be fired for almost any reason, and even no reason, assuming no contract and no union. But even with a contract and a union, job abandonment is normally acceptable as far as a termination for cause.

Since you have a hearing, if you have a good reason, provide it, with any proof you have to support the reason. These days, with cell phones, it is very difficult to have a good reason to fail to show up for work with no explanation though. I suggest that you apologize and hope they give you another chance.

In the future, never ever fail to show up for work without providing appropriate notice to your employer. Most employers will fire you for this, and it is quite reasonable for them to do so. An employer should not have to warn you that if you fail to show up for work without appropriate notice and an appropriate reason, that you will be fired.  I don't know why you expected a written warning telling you that you have to show up when expected.