Title: My cousins were taken from my Aunt 20+ years ago. I am now trying to contact the family with whom they were placed with. The family is telling me that I can not contact them despite them being legal adults.

Question:
As the title says I am trying to contact my cousins. I will set aside what I believe is going on. I am strictly trying to find out if this is even possible and what the likelihood of it happening is. Anyways lets back this up 7 years. Seven years ago I reached out via facebook and found my oldest cousin. He would have been an adult that year. I found him on facebook (go figure right) within an hour of me sending a message the account was deleted by someone named "Big Sister" (obviously a last minute tossed together account) I was informed that there is a standing "court order" which prevents ANYONE in my family from having ANY contact with the kids UNLESS they reach out to us first. I was more or less okay with this at the time and we talked back and forth and met in person. They showed me pictures and discussed this "court order" some more. I forget the details but essentially they preached on and on repeating the same few lines above. I was fine with this as the youngest kids were still minors. Fast forward to today. All of the kids are legal adults now all 20+. I reach out to "Big Sis" and am being told the same stuff.

I have asked them to produce this court order in its entirety to which they say they dont care there protecting there family.

So is it possible that something like this could exist which prevents the ENTIRE family from being able to contact these kids (now adults)?

I have spoke with my Aunt about this and she is now looking for the documentation but from her memory it only mentioned her not being able to have contact and my grandparents having something called grandparents rights.

If my aunt can not find this documentation is there some way that I or She could get a copy of the documentation.

Is this even a thing? I would have been 5 years old when this went down and now im being told that these now adults are protected by a court order more than 20 years old.  That no one in my family is allowed to initiate contact.

Thanks in advance.

If it matters at all this case took place in Texas, and the family is currently still in Texas.

Answer: They certainly don't have to help you get in touch but I cannot imagine any court order telling 2 adults who have done nothing wrong to each other than they cannot communicate or that one is not allowed to attempt it.Answer #2: There is no way an order was issued preventing communication with adults, let alone one that precludes your entire family from ever doing so.  Answer #3: I can't imagine how there could possibly be a court order which prevents you from contacting them today.  Answer #4: OP said that the cousin was taken away from the aunt - is it possible that such a court order was put into place because of severe abuse or some other horrible thing?  I think of heard of no contact orders where a murderers family is forbidden to contact a victims family  - couldn't there be a similar thing here?Answer #5: State? The state where this placement was made?


Title: Is hiring a amateur women to film a porno illegal? (Serious replies only please)

Question:
So if I hire a woman to film a porno with me in it, am I breaking prostitution laws (or any other laws)? Assume all parties are over 18 and consenting.

Not really looking to get into a moral debate, just curious if it's illegal or not.

Location is Indiana.

Answer:
 Serious answer: Family Guy is not a good source for legal advice.
Seriouser answer: Unless you own a porn production company, you are in fact breaking prostitution laws.
Also, if you pay somebody, they are no longer amateurs.


Title: [Texas]- 17 year old with no driver's license was given a ticket for driving with no headlights on.

Question: A little honest mistake, I had just started to drive away (500-600 ft) from a Little Caesar's when I was pulled over for not having my headlights on. I'm not really familiar with the procedures on how to handle this but I was to lighten the load on my parents and take full responsibility. What do I do?

Answer:
 How is driving without a license an "honest mistake"?

In any case, what exactly were you charged with, what statute number(s)? Did the officer somehow not notice you didn't a license?


Title: Realtor Did Not Disclose Duplex In Lease

Question: Hello, I recently rented a home in Glassboro, New Jersey and the Realtor never made clear that the home I was renting was in fact a duplex.  I walked into my newly rented home and realized a door was lock and called the realtor and he told me that was another tenants house.  When you look at the house, it looks like a regular single story house.  Do I have any legal recourse?

Answer:
 You didn't view the home before hand and ask questions?

Unless the lease guarantees you use of the other side of the house, I doubt you have any recourse here.


Title: Quit, months later No paycheck W2 just came.

Question:
Like the title states, I was employed at a 24 hour burger and shakes diner for less than a month before abruptly quitting.

I know its different from state to state so for reference I am in Florida.

I quit and never got paid, never got a check in the mail.

I was told to wait till I got my W2s from them and along should come my paycheck.

Well I waited a couple months maybe 3-4 months since October till now that I got my W2s Ive yet to see any pay.

Legally am I able to still receive my wages?

Where should I go to file another due process for getting this issue resolved.

I was considering contacting their corporate office and explaining myself but doubt much will come of it.

I dont think going public is viable, id like to resolve this as amicably as possible and get paid for the work I did.

Can anyone give any advice, I know this subreddit doesnt not substitute any actual legal advice from a laywer but I just wanted to know if I had options.

I will admit that since I quit I have yet to go back, maybe they are withholding it because I still have their apron? Maybe theyre are just holding on to it till I show up?

Except I shouldnt have to show up, I should have been sent it in the mail months ago.

Anyone feel free to give me your input even if its just to call me a fool for that is how I feel after getting robbed.  Someone please help before I do something stupid thinking I'm correct.

Answer:
 You are fine.

https://www.workplacefairness.org/wage-hour-claim-FL

>What are my time deadlines?

>If you have a minimum wage claim, do not delay in contacting the Florida Department of Labor and Employment Security to file a claim. There are strict time limits in which wage claims must be filed. In order for the agency to act on your behalf, you must file with fours years from the date that the claim arose.

You will need to work through the federal Department of Labor since FL does not have a state agency that handles this.

I would ask the company once more, and if their response is anything other than "oh, boy, you can come pick the check up the next time we run payroll", file a claim with the nearest DoL office.


Title: [US] Inheritance law? I'm an adoptee who recently found his biological family. Deceased father might have been worth millions...

Question: [deleted]

Answer: Once you are adopted you have no legal binding to anyone from your biological family. You have no right to their inheritance


Title: Psychiatry office methods of contact feel like privacy violation? (WA)

Question:
I recently had to start seeing a new psychiatrist. I misplaced the doctor's actual contact information but did have the receptionist's. Wanting to follow up on things I discussed with the doctor at an appointment, I reached out to the receptionist to see if I could get direct contact info.

I was told that the reception email was "the best one" and that messages directed to the doctor would be forwarded appropriately. I was not provided a phone number or alternate contact method.

I understand that things like HIPAA place strict rules on doctor/patient confidentiality, but I am fuzzy on whether or not it is a legal problem to pass medical records through untrained front desk staff.

There has been no privacy violation yet, to my knowledge, but that's only because I refused to talk to the receptionist further.

To be clear I am 100% confident that I don't like this office. I will not be doing any further business with them. I just want to throw the book in their face when I cancel my appointments ;-)
Topic:
Healthcare Law including HIPAA

Answer:
 >I am fuzzy on whether or not it is a legal problem to pass medical records through untrained front desk staff.

It's absolutely not a HIPAA violation to pass information through the front desk staff. They aren't untrained in confidentiality, though. They are required to have HIPAA training upon hire and at least annually. Answer #2: It's the norm for a psychiatrist to not give direct contact information, ever. This is because they don't want their patients calling them at any time. It's not practical, and it would create huge boundary problems.


Title: Got Jumped at a Party Last week, is there Anything I can do?

Question:
I went to a graduation party for a girl I know last weekend, I'm not from the town and I got pretty drunk. Unprovoked some guy jumped me and punched me 3-4 times, breaking my nose. I know the guys name, there was a cop outside the party who told me the fight was consensual. Went to the hospital, cleaned myself up since there wasn't a doctor on call, and went for x-rays the next morning.

So my question is, since I was drunk, everyone else was drunk too, the cop said it was consensual, is there anything I can do to charge the guy?

TL;DR Got my ass kicked, is there anything I can do?

http://imgur.com/a/zKqun

Answer:
 It sounds like the officer didn't want to deal with the paperwork.

If you want to press charges, call the PD and ask to have a case filed against the guy for assault. You can mention that there was an officer there and what he said, and just politely say that you think there was too much going on around you at the time and that the officer may have misunderstood or not known all the circumstances. They should take your report.

If they refuse to take the report for some reason, you can always ask to speak to a supervisor and get a good explanation. I suspect if you try talking to them again you'll be able to make some headway.


Title: [Kentucky] Help, how to get a medical card for a 17 year old with only guardianship. Parents do not live with us.

Question:
Hey guys,
Text kind of says it all. My girlfriend has guardianship of her sister (17 years old), but neither sisters dad or mom live with us. Girlfriend is not eligible to apply, since she does not have custody. Mom is saying she isn't eligible, because her and 17 year old do not live in the same house.
All the details online are confusing, I just wanted to know if anyone could point me in the right direction.
We do not have money to hire any sort of lawyer.

Answer: No one is going to give a minor marijuana without consent from her guardians and a *very* good reason.


Title: Sexual Assault in Honduras by US Student

Question:
For the past week, I have been in Honduras with a public health development program. I am a US student. On the last few days of the trip, I was sexually assaulted by another US student. I don't want to go into much detail about the incident.
I have questions about the legal process I am about to face. I reported the incident to the staff and leaders of the non-profit group I was with, and they had me write an incident report and also recorded an audio tape of me telling every detail I could remember. The staff were very very supportive, but the staff with us told me that this is the first time they have ever had a sexual assault case reported, so they didn't know what exactly would happen next.
I have a few legal questions to ask:
1. There were security cameras near where the sexual assault happened, which may have picked up what happened. Am I allowed to see these videos?
2. Should I ask for a copy of my audio tape to be sent to me for my own records?
3. Am I allowed to view other people's testimonies, including the perpetrator's?
4. The non-profit said they had a zero-tolerance policy, and that the man who assaulted me would be sent home. Based on that information, can the man be prosecuted in Honduras, the US, or neither?
5. Any advice on what I can expect from the non-profits legal process would be helpful.

I'm sorry if this is vague or confusing, I'm very very tired and overwhelmed, and I don't know what is going to happen to me.

Answer:
 The usual IANAL disclaimer.  Aany criminal proceedings would be handled under Honduran law.  If you want to proceed criminally, get a Honduran attorney (or ask that the program supply you with one).

You might first consider pursuing your claim internally with the American non-profit, but many of your legal questions would have to be answered by someone familiar with the Honduran legal process.Answer #2: You can report this to that student's school and/or your school under Title IX. Your school can provide you resources as a survivor. The other student's school can use their internal disciplinary process to resolve a complaint against a student.


Title: Girl that I’m good friends with from high school was grounded earlier this week and started contacting me via email. Her mother figured out and saw a conversation about a mio energy drink and is now accusing me of giving her daughter drugs in high school

Question:
Not sure if this really belongs here but I’m freaking out about it. I’m a high schooler who ended up becoming really good friends with this one girl and lately we’ve sat together at lunch where Ive been having a water enhancer drink called mio energy that I’ve allowed people to share with me.

Anyways my friend recently got grounded for bringing caffeine pills to school because she couldn’t sleep the night before and had a test that day she couldn’t fall asleep doing. After that her phone was taken away so she started sneaking emails to me using different tablets she could find across her house. In one email I said that I finally ran to the store and got more of the “cherry drink” since she never remembers the name of it.

Today after about 20 emails her mom emails saying “her punishment is now 10x worse. Explain this cherry drink and caffeine. If you’re dealing drugs to my daughter at school I will yank her and report you to the school and get your parents involved.” I was shocked to receive this and am freaking out. I sent her back a very nicely written email explaining that the drink was a water enhancer called mio energy that is just something that I put in for flavor. I explained it was a kool-aid equivalent and that it is completely harmless but I would quit giving it to her daughter and quit all contact.

Can I get into legal trouble from this? Here’s background info:

We live in North Texas and are both Freshmen (I know I’m a little young to be posting here). I am an all A’s student in many extracurricular activities with an overall good reputation and have never had any bad intentions at school. I am really concerned about this issue and if anybody can give me advice here it’d be great! Thank you in advance!
Topic:
School Related Issues

Answer: Absolutely not, she's kind of trippin out over kool-aid that you had nothing to do with.


Title: Can my boss deduct pay from previous trainings at final paycheck? (OH)

Question: Our company got a new addendum to sign and many of us are reluctant to do so. Not only are we being penalized for being sick (unexcused without doctors note) we aren't being offered health insurance. One of the new policies he is implementing is deducting from our last paycheck past trainings and background checks. Here is a photo of the paragraph in question. Is he allowed to take money back from something that we got paid for doing months ago? Any advice will be helpful, if you also have websites with info that would be great!  [https://i.imgur.com/29xMdlE.jpg](https://i.imgur.com/29xMdlE.jpg)

Answer:
 [Here's the Ohio law on permissible payroll deductions](http://codes.ohio.gov/oac/4101:9-4-07)

Only very specific deductions are allowed from your payroll, and the cost of training and/or background checks is very much NOT included in that list.

Contact your HR department, if you have one.

If you don't, I suggest you start looking for another job.  Your boss is sketchy AF, and will likely make your life difficult if you refuse to sign.

You should also file a complaint with the Ohio Bureau of Wage and Hour Administration.


Title: Were my rights violated and if so could my case be inadmissible

Question: I got caught with drugs on me. However, the detectives only pulled me over because they saw me pull away fron my dealers house. They did not see a drug deal and i did not get pulled over for a traffic violation. The detectives went to highschool with my dealer so there is a personal vendetta against him because they've been locking him up on and off again for years. They did not read me my rights and when I asked for a lawyer they told me no and that if i asked for a lawyer they would hit me with a felony instead of a misdemeanor because they wanted me to be an informant. They did not allow me a phone call and they also went through my phone and social media before we were even at the station and before i was even handcuffed. Is there a way my case can get thrown out?

Answer: first thing you need to do is get a lawyer and focus on the charges you are currently facing. after that then you can talk to a civil rights lawyer to see what your options are and if you have a viable case against them. you don't have to be ready your Miranda rights Everytime your arrested. they don't have to see you commit a crime to pull you over


Title: Gold face value and the IRS

Question:
I know it's shady, but would it be legal to sell a product for $10,200 with $200 being paid in 10 $20 gold eagles (one ounce gold coins) and claim it as $10,200 on your tax return? I understand that once the gold was sold that would be another profit and need to be claimed.
The idea here is I build machines and want to sell them for $20,000 to build different more expensive machines. The machines available now will not sell fast enough for me to build the capital to begin investing in the next phase before the end of the tax year. I want to claim $200 profit (the gold coins) and write off $10,000 as expenses as this is what it costs in material and labor to build a machine.

Answer:
 Look at United States vs Khare, he had the same sort of idea you did.  The IRS disagreed with him and won, the coins are worth their reasonable value and taxed as such not $200.

http://cdn.ca9.uscourts.gov/datastore/opinions/2013/12/23/09-10471%20web%20revised.pdf


Title: Ripped Off for $1200 buying a used truck

Question:
My wife's been trying to find a crappy but drive-able pickup on Craigslist because we're in the midst of a massive renovation project. I've tried to keep her looking in the county, but she insisted on looking at this truck two counties over. ('89 Ranger w/ 200k miles). We test drove it and it wasn't stellar--it hesitated a bit--but it was ok, given its age. We went back to talk to the owner--a kid about 22 or so. I was prodding him about it, and he said (approximately...I can't remember his exact words) *I'm so confident about this truck that if you take it home and there's something wrong with it, I'll give you your money back.* He'd assured us many times that it ran well, and he knew of no significant problems with it. So we decided to buy it. $1200 cash; got a bill of sale; he signed the title (though we haven't yet).

 As we were driving away, we didn't even get 1/2 mile before the truck lost all power--I couldn't even get it off the road. My wife drove back to the guy's house. He drove out, helped me look over the thing, and we decided that the emergency brake was stuck on. He banged on it and it unstuck, we drove it a bit and it seemed fine...but I was talking to him and said "I guess you can understand that I'm reconsidering this transaction." He himhawed around, and while I was not looking, he got in his truck, and mouthed "I'll be right back" through the window. He said the same thing to my wife when he saw her at his house. He never came back. We managed to get the truck back to his place, and sat there waiting for 2.5 hours. We tried calling, his sister said she tried, his father got home and was a bit confrontational at first, but I am not impressed by that sort of thing, and he calmed down. We mentioned calling the deputies eventually, and his dad actually did it for us. They came out and were cool, but affirmed what we'd suspected: we probably were the proud owners of a non-functional truck...  It's still sitting at the asshole's house two counties over...we have to call and have it towed to a mechanic tomorrow...

Our guess is that small claims court will be a bust...but we thought we'd ask /r/legaladvice first. This was pretty obviously a set-up, and we're wondering whether there's any appreciable chance of getting any of our precious, precious money back...

Answer: Probably will be unless you have something in writing.


Title: Co-tenant is threatening to make me pay another month of rent after I move out because I hindered the ability to find a replacement roommate

Question:
Hi there, here's the situation:

I was in a 1 year lease which ended February 1st. Since I didn't read the lease carefully enough, it required a 45 day notice to move out, and I didn't give that, so it turned into a month to month lease keeping the same terms.

I then gave a 45 day notice to move out, sent to both the management company, as well as the co-tenant, stating my intent to move out March 31st.

The legal part comes into play here: I also signed a roommate agreement with her in the beginning, which stipulates in the move out conditions:

"At the time of move out at least 45 days notice in writing is required. If [ME] is unable to give 45 days' written notice the full security deposit is forfeited. It will also be the responsibility of [ME] to find a suitable qualified replacement roommate.

This will include running an ad on a paid roommates search site "Roommates.com", Move out is by appointment only, to ensure liability protection for all parties. All of [HER] personal belonging, trash, and all of her contents of the room must be removed by [ME] and in the personal presence of [HER], on the very same day as the move out appointment."

That is how it's written, with the mistake that she put that I must remove all her personal property. The roommate agreement has typos and mistakes like that all over.

Now, from what i've gathered, she has no legal right to take away my security deposit for not finding a replacement roommate. However, she's saying that because my bathroom was dirty, that it hindered the ability to find a replacement roommate and she's wanting me to pay another month's rent if no replacement is found in time.

My question is, if she does this, is she in the right, or should I take her to small claims court? I am in California if that makes a difference.

Any advice is greatly appreciated!

Answer:
 I don't believe the provision in the contract requiring you to find a replacement tenant is legal.

Im Pretty sure they can't legally put the onus on you to find a roommate. If you were breaking your lease different story. You were on a month to month lease, you gave notice to move out.

As for dirty bathroom, the person holding your deposit can use funds from the deposit for cleaning and damages. They need to give you a list of deductions and return the unused portion of your deposit.


Title: My[25m] roommate's[22m] ex-girlfriend[30f] is trying to get us evicted.

Question:
Ok so backstory is, I have just moved to Florida from New York 3 weeks ago. My friend[22m], which we'll name Charlie, has been going out with "Heather"[30f] for 3 years now. Heather was Charlie's first girlfriend so he's madly in love with her despite everything's she's done. She's very abusive, controlling and vindictive. She's the type that'll slash your tires, she's crazy.

So anyways, when I moved in, she broke up with him. She moved back to her mom's house. Despite her breaking with him,  she wouldn't leave him alone (I forgot to mention they work at the same place.) She'll text him how she still loves him one day, and then the next day she'll say say she's screwing around with someone else just to make my friend more miserable. She's threaten to cut off the electricity which me and Charlie managed to change under my name. But under the landlord it's still Heather and Charlie.

The other day Charlie started talking to a new girl which we'll name Eve. She too works at the same place with them. They hung out last night and Charlie goes to work with hickey's all over his neck. As soon as Heather found out, she flipped a shit. She came back to our house, got in through the backdoor, cut our TV's wire and took our blankets lol. Now she's threatening to get us evicted. She's trying to get us evicted by telling the cops and landlord that I smoke weed. At this point is where I've had enough. I messaged her on Facebook trying to put some sense into her and at the same time telling her that she's crazy. She's been trying to have me admit on Facebook that I smoke or have weed. She keeps on saying "don't worry, I didn't tell the cops you have weed." And I knew exactly what she was doing. She wanted evidence. She wanted me to indirectly admit that I smoke. And just her bringing it up multiple times in our conversation proves it. **And yes, I know that marijuana is illegal. But if you're here to bust my chops for it, please don't bother. I smoke responsibly and discreetly and it is out of the house.**

So with the laws in Florida, what can she do to try and get us evicted other than the weed situation cause she has no evidence. She doesn't pay rent anymore but her name is still on the lease. Me and Charlie wants to get her off the lease but she won't. I'm guessing she's trying to bring up the weed to the landlord to kick us out. I'm not sure how to go about this cause there's no point in trying to talk to her.

**Tl;dr I have just moved to Florida from New York and my roommates ex-girlfriend who already moved out is trying to evict us by telling the landlord that I have weed. The lease is still under her and my roommates name.   Edit: how do we get her off the lease?**

Answer: I'd contact the landlord and without going into too much detail just give him a quick rundown of the situation. Say your roommate and his ex broke up and she's made your life hell. I'd mention the stealing of blankets and cutting of the wire too. Answer #2: She broke into your house and stole things. Call the police and file a report!


Title: [North Carolina] Picked up a prescription for a 30 day supply, they only gave me a 7.5 day supply

Question:
My doctor recently switched my long term asthma controller medication. I picked up the new prescription, and the bag says "take two puffs twice a day" "Days supply: 30" "Quantity: One"

Upon opening the actual inhaler from the box when I got home to use it, I found that it only has 30 metered actuations (unlike my old inhaler which had 120). I called the pharmacy and they are saying that they should have informed me it was not a full 30 day supply, that my insurance will only help cover one inhaler a month (despite one inhaler only covering a week's worth of doses), and that I will have to pay for the other inhalers out of pocket.

I am frustrated because I feel ripped off. I bought something that says "30 day supply." Following the instructions given with the medication, it is only a week's supply. I am also frustrated because the reason my doctor switched me to this medication was that my insurance said they covered it (tier one) and I could not afford the copays on my old controller medication (tier 3). I can certainly not afford to pay nearly the same amount for a month's worth of my old prescription every week. What can I do?

Update: I had a voicemail when I was done getting ready this morning from the pharmacist at CVS who I spoke to last night. In the voicemail he basically blamed the mixup on my doctor, saying he had just called her office and gotten her to fix the prescription for a bigger inhaler, which is crap because I think the prescription information is pretty clear already. Despite not taking responsibility, they have ordered the 120 actuation inhaler and said they would have it ready for me tomorrow and that they had already cleared it with my insurance. He actually said he placed the order last night. How thoughtful of him to order it after our 30 minute phone conversation regarding this not being possible and doing so before even speaking to my doctor, and then blaming it on her this morning.

When I go in tomorrow I am going to get my new inhaler, try to get them to refund me for the copay of the 30 actuation inhaler (this guy said I could keep it since it is already open but I will be bringing it with me just in case. Also it is only 10 dollars so if I have to go through a bunch of crap it won't be the end of the world to not have), and transfer my prescriptions to a different pharmacy. After I have my new inhaler and I have transfered my prescriptions I will file a complaint higher up for how this was handled. Thank you all for your help.

Update 2: I just got back from CVS. They switched the 2 inhalers no problem. The guy I spoke with the other night was not there. The woman who helped me was great, and she refunded the small inhaler and used that for the copay for the new medicine. They kept the small one (no surprise even though phone guy told me I could keep it). I will be calling corporate when I get my voice back (as I am currently sick) and talking to them about phone guy. Thanks for everything, reddit!

Answer: Can you give me the NDC# off of the box?   It's on the front top center.   I can figure this out probably.   I'm a pharmacy tech in Virginia.


Title: I have a restraining order against someone I signed a bond for.. what can I do?

Question: So long story short, I bailed my boyfriend out of jail. Signed for $5000. Boyfriend ended up beating the living shit out of me, now I have an injunction against him. If he doesn't show up for court, i'm responsible to get him in, or have him arrested. What will happen if I contact him? I doubt he will show up to court. I'm in Florida.

Answer:
 Don't contact him.

Contact the court and see if you can revoke the bond.

Find out when the court date is.  Show up so you can talk to the judge if he doesn't appear.


Title: Help with copyright

Question:
Will try to make this short.

My mother who lives with me is aging and beginning to forget things, etc.

She met a male artist who owned a business (a hobby she loves), and he suggested she take over his business because he’s very old. I thought this sounded like a great idea and something she could do for fun in her retirement. So we set up an LLC and decided to give it a go. I spent many hours learning the trade, and it was really fun. All was going well until I came home from work one day and the artist had delivered all his designs and materials to my mother with a price tag of 25k. She only had 21k (all her money). And she gave it to him. In my wildest imagination, I thought the price of this “business” might cost 500$.

Nonetheless, what was done was done. I told her never to expect to get the money back or to expect to earn what was spent through this business. She was deeply regretful of her decision, but agreed that this would be more like a hobby for her. She spent months trying to make the business work, time and more money advertising, going to shows, setting up booths, setting up an Etsy store, etc.

One day, about 3 months later, while browsing designs on the internet, we found a shop with the exact same designs. I wrote the artist a letter demanding my mother’s money back bc the designs weren’t his. He met with me to explain the designs were absolutely his and had documentation showing the other artist’s trademark had been cancelled. He refused to return the money and assured us he would help get the business off the ground and convinced us he had had trouble with this person before (stealing his designs). He was very convincing.

So we went ahead with the “business” that failed abysmally. We sold a total of 4 of his designs totaling around $600. The other sales were my own pieces. Over 2 years we probably sold 13 pieces total and made nothing.

Recently we received a cease and desist letter from the woman whose designs were in dispute. She sent us proof of copyright even though the trademark had been cancelled (I don’t really understand the difference). She wants us to send her all pieces and she wants damages, though she doesn’t specify how much money she is demanding. Her messages have become increasingly threatening and border on harassment. I offered to send her the $600 that we made on her pieces, but she was condescending in her reply and explained that’s now how it worked and she was expecting damages as well. We stopped the business immediately, but I’m worried about what she might do and where we stand legally. I’m worried for my mother (this has been extremely upsetting to her, she’s never stolen anything or broken a law in her life). Any advice as to how to handle this?

In Missouri. The artist who sent the cease and desist is in California.

Answer:
 There are 5 or 6 points in this story where you and/or your mother had a chance to do the smart/correct thing but did the opposite. That statement is not meant to be an insult but rather to caution you that your instincts... from allowing your "beginning to forget things" mother to "take over his business" all the way to offering someone $600. Any everything in between.

So the correct thing to do here is to (a) cease and desist entirely, and (b) hire an attorney to negotiate with the woman in CA and possible sue the original man who sold you the artwork. And follow their legal advice. Good luck.


Title: New neighbor wants to remove shared tree....

Question: Hey guys, my neighbors house just sold and the new owner has informed my wife that he intends to cut down a great big tree that is right on our property line (right down the middle), as the roots have caused some problems with their driveway cracking and possibly the foundation of their pier and beam house (which they obviously knew prior to purchasing). We love this tree and it provides great shade for our back deck. Not really sure of what rights I have, again the tree is smack dab on the center line of our properties. He claimed he would simply cut the roots on his side if he had to but the tree would die anyway so may as well remove it altogether... Any advice is appreciated. I reside in Texas, FYI. I don't have ms paint, sorry.

Answer:
 Tell him to hold off until you are able to get a survey.

Get a survey of your own.

Also talk to a real estate attorney (a realtor could recommend one) ... about stopping him on the basis it would change your current enjoyment of your yard.

If it is in your yard then tell him to pound sand.

Answer #2: If it is damaging their house then just let them remove it at their expense.  It would be so wrong to not give them approval.     Do you just think that the tree should just be allowed to keep destroying their house?

Put yourself in their shoes.

Now you can ask them to plant some other kind of tree on your land if you want in exchange for approval.  Answer #3: Honestly if he’s somewhat reasonable maybe you can bring up having him plant some new trees to make up for the loss of shade you will get. If he’s having damage caused by the roots of the tree it might not be long that you’ll have damage caused by it. Answer #4: Some counties in Texas have heritage tree protections. Trees over a certain age/size and of certain species can be heavily protected. It’s often oak and pecan but it may extend to other trees. If that’s the case cutting it down would be a big process involving permits and assessments, and doing so around the law could get nasty for him.


Title: youtube to mp3

Question:
Hey I was wondering if it is legal to use this in the United States (Washington D.C).

http://www.youtubeinmp3.com/

Answer:
 This is one of those technical vs. practical things.

Technically, almost certainly not, because you're making a copy of content that isn't yours without permission.

Practically, nobody will ever find out and even if they did would have basically zero recourse unless you're selling bootlegs or something.

That said, way, way, way more context is needed. What are you downloading? What are you doing with it?


Title: My boss wants a mandatory daily recap report but often when I get home life takes over and I don't send one.

Question:
I work in a hybrid job of marketing/health screening. I no longer work in the clinic and often am working at other provider's offices. I get off work and commute home getting home well after my shift has  ended. I am an hourly employee so I'm not getting paid for these now detailed recaps of my day with how many tests I've done, an overview of who may be a person of interest with details of their ailments. This is not a quick thing to do when I get home to my kids after five and have to start cooking or taking them to soccer practice.

For the most part I submit my blurb of my day but will miss a daily recap every two months. When this happens I get a passive aggressive text and now emails from my direct supervisor about my "inconsistency" since I should be 100% compliant (in their eyes).

From my supervisors point of view he has to report to the owner/doctor of the practice every night and my activity is brought up.

What are your opinions on the matter? I am located in Maryland.

UPDATE:
The reason I brought this up is recently I sent a daily recap of my day but left out my boss either on accident or erased his name while sending it since i was on my phone it could have been a mistake. I have it set up where my email cc's my personal email for back up. I sent it on and it reached my email but didn't make it to my supervisor. In the morning I received a text stating that it wasn't received and it's now noted in my file. I check my email and quickly notice my error. I respond back as to what happened and forward the email to show that it was an accident and drafted last night rather than that morning.

Within the same 5 minutes of emails about my inconsistency another tech sent her daily recap that morning and they praised her for her good daily recap. Even in the forwarded email it starts with "Yesterday at Dr. soandso we did x tests..."
Here I am getting called out on not sending my report on time and she gets praised for obviously the same thing.

Answer: Do your report before you leave for home


Title: Lawyers keep looking for someone else but keep contacting me. What can I do?

Question:
So for the last couple of years I've been getting calls intermittently and receiving letters in the mail about a large debt owed. I knew it couldn't possibly be mine given the amount, so I spoke with one of these people, they had me verify my date of birth and the last few # of my social. It didn't match to the person they were looking so I asked to please be taken off their call list and not be contacted again.

Now it seems these debt collectors kept selling the debt down the line or hiring new firms because after a few months it would start all over again.

I know now I should've probably contacted the credit bureaus and written a letter but a few years ago I was just a lazy kid. What I did do was block the numbers, check my credit (no debts other than my car which I've never been late on and will pay off soon), and whenever these people would leave a menacing message from another number I would call back and let them know that's not me.

Flash forward to now, I got a message on my voicemail from a law firm saying they are bringing criminal charges against me and that since they havent been able to contact me they are going to come to my home and place of work.

I don't want anyone coming to my job over someone elses debt and to a lesser extent my home, I'm tired of dealing with this in general and to be honest a lawyer contacting me was kind of scary regardless. I called back and confirmed the same things I always did and they said they'd take my number off their call list but if it's gotten to this point I doubt they'll stop so easily.

What can I do to make this stop? Also are they allowed to come to my place of work even if I'm not this person? Any help would be immensely appreciated.

TLDR: someone with same name as me owes a large debt. I got contacted for years from debt collectors over it and now they've escalated it to attorneys. Attorneys contacted ME. Had to tell them I was not the person. How to make this stop?

Edit: I live in FL but calls I'm getting are from Texas. Sorry can't edit title on mobile.

Answer:
 In general terms, the only thing that you can do about multiple different entities, that you cannot fully identify, mistakenly contacting you on your telephone because they are trying to collect a debt owed by someone else  -  is to change your telephone number.  However, if you have a specific and fully identified entity that continues to contact you, then THAT is a different story.  For instance...

>Flash forward to now, I got a message on my voicemail from a law firm saying they are bringing criminal charges against me and that since they havent been able to contact me they are going to come to my home and place of work.

Save this voice-mail message and get a free consultation with a consumer protection attorney who is familiar with the Fair Debt Collection Practices Act (FDCPA).  This voice mail may be your ticket to a $1,000 settlement for violation of the FDCPA.  :-)


Title: Employer switched me from salary to hourly last year without notifying me. Haven't received overtime pay. Advice?

Question:
TL;DR: I was hired as a salaried employee in 2015, but my employer changed me to hourly in May, 2018, making me now eligible for overtime, of which I've received none.  Supervisor also not aware of this change and has been resetting time clock to 35 hours every week.

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Sorry for the long post, but:

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Long time/first time, throwaway, bla bla bla.  I've been employed with a large non-profit social services agency in the NYC area since July, 2015.  I was hired as a salaried employee who was not eligible for overtime pay.  Recently an email came from HR explaining some changes (which aren't relevant to this post) to be made regarding "exempt" and "non-exempt" staff.  This triggered a discussion with my colleagues about our status.  A newer hire (within the past 2 months) stated that she was pretty sure we were non-exempt, or hourly, while the rest of us stated otherwise.  She checked her offer letter and it stated "non-exempt"/hourly.  I looked up my offer letter from 2015 and it stated "exempt"/salaried.  That's weird, I thought, that they'd hire different people with the same title as both exempt and non-exempt, but I guess possible.

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This got me wondering though, so I started poking around my ADP profile/benefits.  Buried deep, deep down, in a subcategory I would have never looked at otherwise, it shows back-end changes to my "pay type".  Low and behold, on 03/17/18, my pay type changed from salary to hourly.  My coworkers did the same and also saw the same change.  I would have never known to check anything, because my pay rate had never changed.  I spoke with my supervisor, who approves my time-sheets, and she (at least claims that she) was also unaware.  In the past for salaried employees, we still had to clock in, and she had been instructed to just reset the hours to 35 every week.  So this means that my weekly hours since 03/17/18 have been reset to 35 no matter what.

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I should say that I have an 11 month old daughter in daycare and since February I've been having to leave work on time to pick her up every day, cutting my weekly hours to between 35-40.  But there were times before then that I definitely worked overtime.  What are my options here?  How do I even begin to address this?  Am I S.O.L. for any possible overtime hours?

Answer:
 FYI... There is salary and hourly.... there is also exempt and non-exempt. You could be Hourly/Exempt which means you are paid as an hourly worker but are exempt from over-time rules.

BTW, changing the recorded time like that is almost certainly a no-no. You may want to look into it. Hopefully you've kept a log of the hours you've worked and not gotten paid for as an hourly worker. You'll want them for a wage claim.

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Alternatively, you could talk with your local labor board or the Department of Labor. Timekeeping and financials are two areas it's not wise for companies to screw around in.Answer #2: INAL but a pretty similar situation happened to a coworker of mine with some changes.

He was hired as hourly, but told he was salaried. A year ago he had a pay raise, and officially hired as salaried. That's when he realized that all this time, he had been hourly but not getting paid overtime. Just like your situation, the time keeper always reset the hours to 35 hours. This is also in a non for profit company.

He threatened legal action to receive his overtime back pay and after going through 4 years worth of late night emails, they cut him a check.Answer #3: Employers can't just reset your hours if you are truly hourly non exempt. If you have been tracking all of your hours you need to figure out how much you are owed that has been taken and if possible get a report from thw system showing the in amd out punches.

You are basically describing wage theft which may have been a mistake but youre still owed that pay. Not just overtime but also any hours over 35 you were shorted.


Title: Landlord didn't return deposit from last August. Claims I owe him late rent fees and is willing to "call it even."

Question:
I live in Seattle, WA and moved out of a room in a 10 bedroom house on August 31st, 2014 per my lease. I was supposed to leave by noon, but everyone else was also slow to move out and the landlord said in person that it was ok that I was moved out by 5pm even though the lease states there's a $300 late move out fee. Also, throughout my stay at this house, I paid rent late a couple times and I would apologize, and he would just accept my apology without asking for the $50 late fee. At the beginning of this lease, I had paid a $200 deposit, $100 of which is refundable.

I gave my landlord my new address to mail the deposit to in September. After hearing nothing, I contacted my landlord in October asking where my deposit was. He stated that there were lots of damages to the common property and first floor (I lived on the second floor) and he was really angry about it but that my room was in great condition, and that he'd have a better idea of cost of damages soon. I argued that the common areas were not my responsibility as it isn't in the lease and I can't control who he leases the other rooms to. He didn't respond.

I forgot about it all until just recently when I found out that if a landlord doesn't give me my deposit or an itemized statement of why he's withholding the deposit, I'm due the full amount of the deposit. I emailed him, and now he is saying that technically I owe him $300 in late move out fees and a couple hundred in late rent fees, but he's willing to call it even. I feel like he's bullshitting me and just trying to scare me from collecting my deposit. I could really use the money, tbh, but want to do some research before even considering small claims court.

My questions are:
- Can a landlord charge me for late fees from over a year ago that he did not try to collect? I tried looking for a law on this.
- Does the landlord have to ask me for the late fee or send me some sort of notice?
- Any suggestions on how to approach this?

Answer: Tell him to get bent and that you'd like him to return your security deposit in full ASAP or you will sue him for double your security deposit and your attorneys' fees under http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.280.


Title: [ut] I [18M] being evicted for possession of marijuana

Question:
So its a little unrelated but one of my roommates has had a problem with his stuff disappearing lately. A phone and some money is the gist of it i think. As such he called the police and they came down to get some statements (I'm not sure if this is normal or not) The officer came to our apartment and i guess talked to the other tenets before i was aware he was there (i was wearing headphones and didn't hear anything). When he was ready to talk to me he knocked on my door. Unfortunately i had been smoking earlier that day and when the officer came into my room it smelled. He talked to me about the thefts and i told him what i knew of them (which wasn't much). Then he asked me about the smell and for my stuff (i had less than half a gram and a very small pipe). I complied and he had me walk out to his truck then wrote me a ticket for possession of marijuana and paraphernalia (sidenote: he is campus police for the college i go to as i live close to campus in a very small town) told me i had to go to court and let me on my way. At first i thought that was the end of it but today my landlord came to my house and gave me three days notice to vacate.

at this point im scared i really just want to know what happens next and what i need to do to get the best outcome in this situation.

Answer:
 You likely need to vacate the apartment and likely violated a clause in the lease about not smoking, violating the law, or engaging in activity that results in police activity.

The marijuana charge can be serious because it can disqualify you from federal student loans. You need to speak to a public defender's office to see if they have resources that can help you enter a diversion program or get the charges reduced.


Title: not hired because I'm not a good "cultural fit"

Question: [deleted]

Answer:
 It may not be fair, but it's legal unless "cultural fit" is code for "you're Muslim" or something.

Not fitting in socially with your potential co-workers is a perfectly legal reason to deny employment.Answer #2: You might be completely right that it isn't fair, but that doesn't mean it's illegal.

"Cultural fit" basically just means that they don't think they're going to like working with you every day. It's rude to be sure, but it's allowed.


Title: Wife's paramore is messy. She forgot to delete the penis pics before my daughter saw them.

Question:
I recently owned two iPhones , one of which my STBX wife used.  When we upgrade, we always pass down our former phones to the kids.  My thriteen yo daughter probably saw her first dick pic. I'm heated beyond belief.  Am I able to sue the man that sent the picture (s) since I owned the phone.
Topic:
Computer and Internet

Answer:
 First, "Paramore" is a band fronted by Hayley Williams. "Paramour" is the term you wanted.

Second, where are you located?

Third, do you reset phones before passing them down?

Fourth, do you know your daughter saw that picture?

Fifth, many states require intent to send explicit photographs for a crime.Answer #2: > Am I able to sue the man that sent the picture since I owned the phone

No, and you owning the phone has zero to do with this. The man sent the photo to the current user of the phone at the time, another consenting adult- your ex. That consenting adult then failed to clean out her phone before handing it over. How do you think the other man had any intent, malice, forsight, etc in the process of your daughter seeing that photo? He has zero responsibility. Take up your grievance with your ex, or better yet discuss both looking through and having control of a phone that connects your child to the world before handing it over.

Also as a heads up- if you hand over your phone or let your daughter use it be aware we can review your history of big testicle posts.


Title: [NY] My mother's stove/oven turns on at the slightest touch. It regularly causes us to leave the gas on overnight. Can we make the landlord replace the stove?

Question: It is constantly turning on when it shouldn't, and we're vigilant in checking every time we're in the kitchen, but once every 6 months or so, me miss it and the gas is left on for an extended period. We've tried to take the control knobs off of the stove so they won't turn without pliers or something, but they won't come off. We're very concerned, not just for our safety, but that the landlord will try to use this to evict us. But, I think it's a faulty appliance, and that it's the landlord's responsibility. Is there anything we can do?

Answer: Personally I would complain to your landlord first, most likely he doesn't want his unit blowing up. Next I would buy a gas alarm for your mom, something loud, for the short term. Answer #2: Go buy a good renters insurance policy, right now, if you don't already have one. Double check and make sure it's paid up to date. Answer #3: That sounds terribly unsafe. Does your landlord know?Answer #4: Contact the local fire dept.Answer #5: There is no way the landlord can use this to evict you, unless you knowingly damaged the appliance and caused damage to the place.  both of which are incredibly unlikely.  Just call the landlord and tell them what is going on.  If they refuse to do anything, call your local code enforcement office and explain the situation to them.  This is a situation where the wrong thing happening will end up in people losing their lives so one way or another someone will take care of this...but obviously, speak with the landlord first.


Title: I believe I own my neighbor's garage. (PA)

Question:
Long story short, I moved into my house about 4 years ago. It is a row house, and I have a detached garage in the back. Since I've moved in, a neighbor across the back alley has been "renting" a garage from the house next door.

I didn't realize until now (I know, I'm dumb) but there are 3 houses and only 4 garages. I checked my county's property assessment portal, and my lot has a 14 garage while the others have 10 feet. Then, I dug up my deed, and it seems (from my interpretation) that I own 20.25 feet of the garage.

Backstory, this house was purchased as a plot of land, and 3 houses and 4 garages were built. Based on the city plots, it seems that mine is the biggest. However, based on practice, the middle one is using two garages.

What is the best course of action here? My house is 167, and the one next to me using two garages although the owner does not live there, is 167 1/2. Based on everything readily available, I own one of these garages. Should I check with the county building on the other deeds, or should I pursue a surveyor?

I really don't want to rock the boat, but parking is currently at a premium in my neighborhood. One garage out of the four is only used as storage, and another is being rented out for a spare car of someone who definitely does not own the garage.

Answer: I would start with a real estate lawyer, mostly because that's probably where you'll end up. If you examine records yourself and present them to your neighbor, they will undoubtedly want something official. Similarly, if you contact a title company/surveyor they will make a determination, but you'll probably still want a lawyer to work on enforcement--I doubt someone will simply give up their garage without a fight, and there are a myriad of other legal issues involved like adverse possession claims, possible back taxes, etc.


Title: My sister refuses to pay me after selling her my car

Question: My parents asked me to sell my sister my Honda accord about 10 months ago, since she was having a baby and had no reliable form of transportation, and since I could afford a higher monthly payment on a newer car. I reluctantly agreed, we came up with an arrangement where she would pay me $100/month for 20 months. She has only made one payment in the last 10 months. Everytime I ask her about it she gets angry and refuses to talk about it, and I really do not think she has any intention of paying me. Unfortunately, we did not write up an agreement or sign anything and I believe the title is now in her husband's name. I assume there is nothing legally I can do to get my money, is there? (Colorado)

Answer:
 > I assume there is nothing legally I can do to get my money, is there?

You can sue her in small claims court.


Title: Bait and Switched at a dealership, should I sue?

Question: Paying sticker price on a car (don't get me started on that), but then weeks after the deal is done I noticed the price on the sticker and the contract do not match. Sticker has a 2. Contract has a 7. So the difference is $500 + taxes, fees. Could be a typo, but I doubt it was unintentional. Contract has been signed... Do I have any recourse? Should I talk to a dealership first or should I an attorney involved? Can I recover more than $500 for this scam?

Answer: The term you're looking for is "fraud." I would say that no contract has been formed, as the terms were not agreed upon. But it is going to be an uphill battle to demonstrate that when you have a signed piece of paper that states the contrary (and probably costing more than $500 of lawyer time).


Title: My friend was labeled as a Bigot and. Racist on a poster put up around my college campus. What to do

Question: This happened in WA. The three people who put up the posters were identified via security cameras. The entire campus knew about the posters and pictures had circulated now essentially targeting these people as bigots and racists. This happened the Friday morning after Trumps victory. Does my friend have a case? Can he sue the three people individually for libel? Also, the school has yet to tell the people on the poster who put up the posters. This will be done via a decision letter after the private hearing this Wednesday.

Answer: He can sue them for whatever financial damages he's suffered. Probably. You declined to provide a location so we have no way of saying for certain. Let your friend handle it, it's not your issue.


Title: Apartment wants to evict me due to "clutter"

Question:
Location: Anaheim, California
Apartment: Being Leased (Not Owned)

So, last week my apartment managers had someone come in to check our smoke alarm. That was very strange, but we had to allow it because apparently our contract said they could come in whenever they want if they tell us ahead of time. Okay, fine.

Well, today I came home from work to see a notice on the door. I checked it, and it said if we are breaking the apartment contract, and if we do not fix this by Monday, we will be evicted. The contract states the interior and exterior of the apartment must be in "good condition" and "free of clutter, trash, and unsightly material". Not only is that incredibly vague, but its also really up to opinion.

Our apartment isn't perfectly clean; I run an online store that requires me to sew quite a bit. So I have a workstation in the side of the living room, with fabric and thread all over the place. Its cluttered, thats for sure, but its a workstation for a reason.

The living room has clothes piled on a chair (who doesn't do that ar my age? i'm 23), and we often leave cups out. But, theres no bugs. No ants, no roaches. Carpet stays vacuumed. We burn candles every day so it smells nice. The only clutter is my workstation and our clothing chair. And possibly our aesthetic, considering my girlfriend and I collect figures and have a whole bunch on a bookshelf.

So, first off:

Is a clause that vague even legal? Also, is entering our apartment to check the smoke alarms, then immediately giving us a notice like this, legal as well? What can I do to fight this, other than cleaning my workstation to ridiculous amounts? I fear they're gonna come check the place out, then say "Nope, your couch doesn't match the wall paint, that means its unsightly and breaking contract". I have enough stress on my plate as it is. This is ridiculous.

Answer:
 Non-legal advice:

Walk through your apartment and take pictures.  Sit down and look at them. It's hard to see clutter when you are living in it. I know I can see something, make a mental note to move it, and then not see it again for weeks.

Next, go to Walmart and buy two things: a jumbo box of trash bags and a few packs of banker's boxes. The latter are heavy duty white cardboard boxes found in the office supplies.  Go home and start in the very first room.  Pick a direction: clockwise or counterclockwise.  Doesn't matter, just stick with it. Go top to bottom.  Trash goes in a bag, clutter goes in a box. Keep a notebook and pen with you to make an inventory of what goes in each box if it makes you feel better. Work a little area at a time.  Take dishes and such to the kitchen.  Do this until you have everything put away and it looks crazy neat. Then, if at all possible, invite your most anal-retentive neat freak friend over to take a second look and see if you've missed anything glaringly obvious.  Stack all the damn boxes in the closet. Grit your teeth and smile and if anyone says a thing to you when they come to reinspect, just say you've been under the weather and things got away from you a bit.

Please realize I am *not* being judgemental or bitchy here. I've been through this myself.  Recently.  Even if it's ridiculous, sometimes you have to be to keep yourself safe.


Title: [USA] I pre-ordered an item from a company in the UK for ~$300. Before the item was released, the company went out of business. I can no longer issue a charge back as too much time has passed. Is there any way at all I can get my money back?

Question: The title says it all.  I pre-ordered an item, through a distributor, in January 2018 that was supposed to be released in the summer.  The manufacturer of the item (unrelated to distributor) pushed back the release date 6 months to Jan 2019.  In October 2018, the distributor went out of business.  Is there anything I can do?  Is small claims court a complete waste of time?

Answer: Who told you that you couldn't do a chargeback?


Title: Roommate threatens to kill us, is arrested, and then released back into our household... we're then given a 3 day.. what the?! PLEASE HELP

Question:
 One of my roommates is a bit crazy, but takes a bunch of medications. Anyway, the other day, he lost it a bit and called a gun store and said he needed a gun. He also told the gun store owner he wanted to kill his roommates. The cops come and arrest him for this. We also find out via texts that he was asking another person to please bring over a gun and baseball bat so he could kill us.

Although irrelevant, what sparked all this was that one of our roommates is moving out. I was showing this [other] room to a potential new tenant. When doing so, I knocked on crazy roomies door just so they could say hi. He SLAMS the door in our face and we move on. Apparently he felt threatened and that we were trying to replace him and he also has some issue with too many people in the house.

Anyway, the cops released him later that night, after I imagine he passed some sort of pysch test, and now he's living with us again. This reminds me of the UCSB killings just months ago. (EDIT: He's since moved out - the next day)

What should I/we do?! Why would the cops let him come back and live in a place where he threatened to kill and murder his roommates just hours before?!

Any help or advice is appreciated!

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

http://imgur.com/xZ9SuuI

On top of this, my other roommate just received a 3 day notice from the landlord, and the roommate that received it states that it means he's trying to kick us all out. Is this legal?! I just moved in here on Sept 1st, so I imagine I'm the unlawful 'sublet'. However, I submitted paperwork  and an application to the landlord and have communicated with the landlord directly!

Again, any help greatly appreciated!

Answer:
 I would just GTFO if it were me. It's not going to get any better. You've known the guy for 3 weeks and he wants to kill you.

Does the lease allow a sublet? What is the "unlawful use" he is referring to.Answer #2: Your 3-Day Vacate notice cites two reasons for breaching your rental agreement.

1. Unauthorized Subletting;
2. Unlawful use of premises.

You need to speak to your landlord ASAP to figure out what the problem is, address the problem, or just get out. I don't know how attached you are to this place.

Who is the primary person you've dealt with in renting this place? Did you go directly to the landlord and sign the agreement, or did you speak to one of the apartment residents and "work something out" under the table?

The first option is ok, the second option is not and will get you evicted.

Regarding the second option, it sounds like something illegal was going on in your place. Underage partying/drinking? Illegal drug use?

It's up to you if you want to fight it, but odds are you're better off going elsewhere.


Title: Don't know what to do without a legal guardian.

Question: I've been living with my girlfriend and her mom for a few years now. I am 19 years old and I'm running into some trouble because I don't have an ID to cash my checks and other work issues. I also don't have all the required documents seeing as I am under 21 and lots of them havent been available to me yet. I can't see to figure out what to do and was hoping that someone on here had some information because even the DMV doesn't seem to be responding to my questions.

Answer:
 You’re an adult. Go to the DMV, get an ID. Go to the social security office and get a social security card. Go to the local municipality and get your birth certificate.

I’m not familiar with New York but what does being under 21 have to do with anything?


Title: (TX) Medical Services Company (small independent hospital) filled a lien against me for 4 times what they can produce bills for. Legal repercussions?

Question:
About a year ago I was involved in a car wreck while a passenger in an uber vehicle. No scrapes or visible trauma, but I had life changing back pain after and was diagnosed with two herniated disks in my lower back.

My lawyer (who I have since had to report to the state bar and they are being investigated for unethical behavior) sent me to this small hospital center to have a CT scan done and then a couple months later I went for a cortisone injection. That is all they’ve done.

After firing my lawyer and collecting my case file, I’ve been able to find about $17,000 in medical bills from them. Seems high, but whatever. The issue is they filled a lien against me for $65,000.

Now, I have contacted them several times to get a full/complete copy of my medical bills and records so I can submit them to the insurance company and they just ignore me OR make empty promises to get everything to me “next week.”

This, while an issue, wouldn’t be as much of an issue if that lien didn’t show up when rental properties (I’ve been homeless (living at hotel de mom & dad) since Harvey hit) run their background check. Surprisingly, no one wants to rent to someone who owes someone else $65,000.

What can I do, y’all? I’m not just handing them my life savings to remove the lien but I can’t get insurance to pay the bills without proof of them and they won’t give me the bills. Help!
Topic:
Insurance

Answer: Is it showing up on your credit report?  Open a dispute; they'll be required to provide the bill.


Title: If you're sued for an amount of money you don't have, what happens?

Question:
Say for example a homeless person buys a coffee one day with money he got from people on the street and while drinking it, accidentally runs into a wealthy person and accidentally spills the coffee all over their expensive clothing. That wealthy person then sues for damages but the homeless person doesn't have any more money.

What would happen to the homeless person?

Answer:
 Realistically, nothing will happen. No liquid or illiquid assets with which to pay the debt. It would most likely be a summary judgement in absentia since there isn't even an address at which a summons could be served. If it got *that* far, bearing in mind this is an unknown, un-locatable homeless guy. If this rich dude was acting on his lawyer's advice, it'd be time to get new representation.

In the olden days, especially in Britain, he could be sent to what was called a debtors' prison, where he would be held until he could pay the debt, often via forced labour. Plus prison fees of course!


Title: My brother passed away

Question:
I want to start off by saying I am on the phone posting this so I apologize for the formatting.

Arizona,USA

My brother was 21 and passed away recently. He took his own life. His girlfriend who is not one of the nicest people has been sending my family friend requests on Facebook. We have had no contact with her and done everything through the police.

She won’t give us his possessions back I.e. wallet social security card and more. We have asked the police and detective helping us to ask her to not contact us. She asked to come to my brothers service and showed up after we have told her not too. She and he were both using drugs. She showed up to his service with her mom. After we asked her to leave her mom made a scene.

Now the legal part. We logged into my moms computer and she is logged in on Facebook. Is any information from that usable in court? I don’t think it will be but my mom is insisting that we can.

The next question is regarding her being pregnant. We are going to go to family court and request a dna test once the baby is born. If this child is my brothers how much rights do we have as a family? If I were to go for custody as his sister would I have rights? What do I need to prove?

She wants to sue us and has stated as much for the emotional damage my brother and our family has caused her. Can this really happen?

I will gladly give more clarification for any questions you may have to help. Any advise is greatly appreciated.

Answer:
 We need a location to be able to help you.

> Is any information from that usable in court?

For what?

It's difficult to get things from someone when you refuse to have any contact with them. Try reaching out and seeing if that helps. This is not the police's problem.


Title: My parents got in a car crash caused by another person, and the person who caused the car crash "tampered" with the scene, making the insurance company think my parents caused it

Question:
Today, my parents got in a car crash (apparently at a Honda car dealership). I was not there, but apparently, a large car hit our car from the car (which was not moving). However, from what I hear, the guy got really angry at my parents (even though he wrecked the front of our car), who don't speak English so well. His car was apparently only slightly damaged (and the front of our car is wrecked). They both got into an argument. The man tampered with the scene (he kicked/damaged his own car to make the dent look even more serious) and took advantage of my parents' poor English by demanding* that my parents give their insurance information (which they did) and apparently, he filed a claim against my parent's insurance company. There were witnesses, but the witnesses are apparently "supporting that guy's claim" as they were in the car with him or something like that.  What should they/I do?

*Exactly, he said, " I see you guys cannot speak English so well. I will take care of this, gimmie your insurance info", well... something along those lines. He did give my parents his info, but it was the bare minimum and my parents, who don't speak English so well, can't really do anything with it (that is why he gave it in the first place, because he knew my parents could not do anything with it).

Answer:
 >What should they/I do?

Explain the situation to their insurance company and let them fight with the guy, that's what you pay them to do.Answer #2: >took advantage of my parents' poor English by demanding that my parents give their insurance information (which they did)

How did he take advantage of them?  They would have been coughing up the insurance info at some point anyway unless they wanted to pay the whole thing out of pocket.

No police report of the accident?  Your parents should have a talk with their insurance company.


Title: Landlord in condo above has installed hardwood floors (against HOA contract) and renting family is making life unbearable via noise & complete disregard for courtesy - PLEASE HELP!!!

Question:
U.S., Colorado

Context: my fiancée owns a second-story condo which I recently moved into. About a year and a half ago, the landlord of the 3rd story condo above our own (prior to me moving in) ripped up the old carpet and noise-dampening material and installed non-insulated hardwood floors, a modification which is in direct violation of the HoA contract we are paying for every month.

Further context: my fiancée is a very, VERY passive person who would never confront someone directly about this sort of issue. As such, my partner just "dealt with it" up until the point that I moved in.

Fast-forward to now: the landlord upstairs has rented out their now-hardwood floored property to a family which has absolutely zero regard for the well-being of anyone but themselves. And I don't make that statement lightly; I'm the kind of person who can find the good in everyone, who thinks that everyone is reasonable deep-down.

But right now I feel scared and trapped. This condo is rented by one particular individual, but is transitionally occupied by a number of people depending on the time of day. From 9 AM to 3 PM? It's occupied by a grandmother and 3 year-old nephew of the renter, the latter who runs around the apartment with his shoes CONSTANTLY, ALL DAY LONG, and who regularly falls causing an immediate adrenaline rush and increase in heart rate no matter how I try to block out the noise.

From 3 PM onward, it's a constant flux of constant, heavy footsteps, slamming doors, moving furniture, and yelling.
I've attempted TWICE now to speak to the upstairs neighbors. The first time, when I was assessing the situation and asked them to not wear shoes indoors, they seemed offended that I would even speak to them about this issue ("we're renting, we don't wear shoes indoors (even though they all were at the time), it's not our problem, suck it up, we don't care"). Since then, I've started doing what my fiancee has been doing and started banging a couple of times on the ceiling with a broom handle whenever they're being particularly disruptive in an attempt to tell them that they're being incessantly loud (two times a week AT MOST).

However, they have recently begun to stomp around harder in immediate response to my "shut-up-celing-bangs" (as in, match each bang for a loud stomp and then march around loudly), and after a particularly aggressive response last night I went up to speak to them to explain WHY I was banging, only to have the tenant threaten to call the cops on me (why? because I was standing there in my PJs wanting to talk?) and slam the door in my face before I could even get out a single word.

Now, I'm a student and even with earphones in 24/7, there's no way I can escape the amount of noise they are making.
My fiancee has already e-mailed the HoA, who responded that this is absolutely NOT okay and that they will be looking into it. However, that was a month ago and nothing has changed.
I'm at the end of my rope; WHAT CAN I DO to help alleviate this issue??

Thank you for any insight you can give to this issue, I would really, REALLY appreciate it.

(Note: we are planning on selling this piece of property in the next couple of years, but the property value is also clearly being diminished by the installation of hardwood floors above... our current situation is also affecting our future one)

Edit 1: Thank you all SO much for your responses! My SO has e-mailed the HoA again (this time more aggressively) and while I'm not expecting anything to come of it, at least I now have some peace of mind knowing that what's happening is not okay and that other options for recourse are available (e.g., hiring an attorney).

I'd also like to mention that installing hardwood floors above another living space in this complex, no matter how much dampening/sound proofing occurs, is EXPLICITLY prohibited in the HoA contract. What's particularly difficult in this situation is that the landlord above installed hardwood floors and then immediately began renting out the property, making the tenants upstairs not directly responsible for the situation we've been put in (despite how I may feel about them personally).

Answer: Why didn't you just start with the HOA?


Title: Family being put out on the streets due to mothers death without having a will.

Question:
So my mother passed away and the house I have been in with my family for over 5 years (mother was never even living here) is in her name only. Long story but my name was never on the mortgage. She never created a will and yes I should have been on top of that. Now that my three brother's have realized how much the market has climbed and how much equity I have in it, want to force me into selling it and splitting it 4 ways. Their rational is that there will be Inheritance tax on it and they don't feel it's fair they have to pay it, regardless of the fact that I said I'd cover any taxes myself. (From what I found, theres no Inheritance tax in Utah... Correct me if I'm wrong.)

I contacted the original realtor we used and he remembers my mother specifically saying the house is mine even though we are purchasing it in her name. He is also willing to testify to that. Besides that, I have a few messages from my mother referring to it as our house... "I am coming over to your house later" type of messages. She has helped with the mortgage over the years, however, since her death, it's been solely on me to cover the mortgage and no one has offered a dime in the last 3 months to cover a mortgage on a house they now say they are entitled to. I've paid for repairs, appliances, and done a lot of the work myself.

Do I have any possibility of saving my house? With probate, is there anyway the courts would side in my favor? Should I just stop paying the mortgage?

Answer:
 The days of living rent-free in your mother's property are at an end, unfortunately. Because your name is not on the title, you are, and have always been, a tenant. In the absence of a lease, your tenancy is likely monthly - or at least the same period as your rent payments. (Yes, you've been paying your mother's mortgage. As that's her debt, you have effectively been paying _her_, like any tenant would, even though the money has gone to the bank immediately.)

As your mother died intestate, you are very likely entitled to a share of the property's equity. Alternately, if there are other assets, you and your siblings can negotiate towards you buying out their interest by writing off part of the rest of the estate, and possibly by paying down the difference if that doesn't quite cover it. That's your best shot at keeping the house. You will likely need to refinance the property (in your name) to do so, and making sure that happens smoothly is a good reason to have an attorney help.


Title: [California] My ex told me he would not be paying alimony to me

Question:
My ex husband told me that he would stop paying alimony to me. We both live in California and were married for 17 years. We separated around 2007 and officially were divorced in 2012. We have two kids over the age of 18. He got remarried around 2012/2013 as well. I am still single.

He was always the breadwinner and I was a stay at home mom and occasionally would work part time jobs.  He actually stopped paying alimony in January of this year citing that he was having a hard time with his finances so I let it slide for a few months. But then I ask him again last month to please start paying alimony again. He told me recently that he would not not be paying any further and that he consulted with an attorney that told him he would be fine to stop paying since its a financial burden on him. The amount of alimony is actually very low for California, I am not out to get rich off of him I just need enough to cover part of my rent. I am not sure what legal standing I have at this point, can he actually just stop paying? Do I have recourse to get back pay on my alimony? I plan on finding an attorney but I really don't have the money for a legal battle with him as he still makes far more than me and I still don't make much money at my current full time job.

EDIT: The amount he paid was agreed upon by both him and I when the divorce is finalized. Also his earning potential is around 4-5 times more than mine.

Answer: The court decides whether he pays or not. Not him. Not his attorney. Not the Easter Bunny. Answer #2: How is this alimony amount determined?  Was it in your divorce decree, or was this an agreement between the two of you?


Title: (NJ) I was pulled over for speeding and received a ticket for failure to secure a child with seatbelt (no child involved) and now I have to go to court.

Question:
Hello all,

About a week ago I was pulled over on a highway for speeding. The state trooper said he got me at 84 mph in a 65 (I know I'm stupid and I regret my recklessness). When giving me the ticket, the trooper said he was giving me a ticket for a seatbelt violation as it wouldn't put points on my license. Great. When I looked at the ticket later, it says it is for "Fail to secure child 8-18 with seatbelt." To clarify, I was alone in the vehicle; no child was present. The violation code is 39:3-76.2F.B.

This comes with a mandatory court appearance on Thursday. At the advice of a lawyer, I called the court and they confirmed that I could not pay online, and it is a mandatory court appearance because of the involvement of a child. The lawyer said the county gives a $20.00 fine for all the seatbelt violations; he couldn't find information on the specific sub-paragraph for a child not being secured. But if it's all a blanket fee, why would this specific violation require a court appearance? The lawyer gave me information as a favor to a relative and he didn't have much information for me, so I don't want to call him back.

My main questions are:

--What is the typical penalty for this violation? If it really is a small fee, I'll just plead guilty and pay it.

--Is there any way to get out of the court appearance? The court told me to contact the state trooper. I left a message with his barracks but he never called me back. Can he even change the ticket at this point?

--If the penalty is a larger fine (I would consider over $200.00 to be a burden), do I plead guilty, or not guilty? How could I prove that there wasn't a child in the vehicle? Does that even matter? What if the judge asks me about this nonexistent child?

--I heard that I can speak to the prosecutor before court. How difficult is it to talk to the prosecutor before court begins? What if I never get to talk to him/her? If they change the violation to me (the driver) not wearing a seatbelt, will I be able to pay the fine and leave without seeing the judge?

If anyone can give me some more concrete information, I would so appreciate it! I'm getting very nervous over here.

[edited formatting]

[Update] 2/28/17 5:37 PM EST
Thank you so much for the support everyone! The trooper called me back and said this was a result of a "computer glitch" and happened to about 15 of his tickets. He went to the courthouse and got them all changed to the violation of a driver not wearing a seatbelt. I now just have to pay a $46.00 fine and do not have to go to court. I am so relieved!

Answer:
 It is quite common for police to do drivers a favor by giving them a lesser seatbelt offense. Maybe he miswrote it? Is it similiar to standard seatbelt offense code? Im sure if there is an issue and this does in fact turn out to be worse, which isnt likely as your lawyer stated it is a 20 dollar fine, he will correct it when you get to court, if you are unable to do so now.

Either way, if your lawyer says it is a 20 dollar fee, why would it be over 200?

Even if it was 500, you will still be saving tons of money in the long run.

The cop did you a favor. Why are you trying to cause problems for him? It is one thing to get it corrected, it is another to try to prove your innocence when you are merely assuming this is some major offense. If that ticket gets thrown out, he will just write you the original speeding ticket, you will have to pay the large fine, get double points on your license (this could cause you to lose your license), and your insurance rate is going to skyrocket.

If you go to court and they make it out to be more then a fine, then I can understand. But trying to prove you didnt do something that was merely a favor to you is kind of off.

This isnt criminal court it is traffic court. Correct? I dont know whether there will be a prosecutor to even speak to.

The cop who gave you the ticket will be there. Or else it will be thrown out. You can bring it up then.


Title: New job said they don't pay for training?

Question:
My sister in law (F, 16) just started working as a food runner in a restaurant/bar. She is NOT a tipped employee, she receives an hourly pay, no tips.

Her employer made her  come in Saturday for her first "training day".

They basically told her what she had to do and threw her out on the floor on her own.

She was informed that since she is "training", she will not be receiving any pay or compensation. She will start receiving pay when she is done "training".

Isn't the law, if you're an hourly employee, and the employer is making you work, they have to pay you, regardless of "training"?

We live in Illinois by the way!

Thanks for your help! I wasn't sure whether to post here or r/personalfinance.

Answer: Yup, you're right. That's illegal, and that's work. If she does not receive pay she can file a wage claim with the DOL.


Title: Phone recording

Question:
Simple question, Louisiana and verbally abusive ex wife. Can I record her calls?

She loves to ca me up and threaten the cops.
Topic:
Custody Divorce and Family

Answer: LA is a one party consent state.  You can record conversation that you have with someone else.  You cannot record them if you are not a party to the conversation.


Title: Help! My cousin is trying to say i molested him!

Question:
My cousin has gotten into some trouble with sexual harassment recently. To difer responsibility away from himself he has now said that at an early age i talked him into acts of felatio and manual stimulation. Right now i am  28 and he is 24. At the time the events were alleged to have happed he was 8 and i would have been 12. The state in which the alleged actions occured is WV.

Please tell me my options here, i have no faith in the legal system when it comes to these types of things.

Answer: Hire a competent criminal defense lawyer ASAP.


Title: Rear ended a car the other day. What can I do? (KY)

Question: The other day, I was in line with other cars leaving a parking lot and I had poor judgment on how close this car really was and didn't hit my brakes soon enough. It was a small hit but I'm sure was enough to jerk someone's neck . It also left a scratch. I've never hit anything or got in a wreck before so I was mortified and in complete shock and so was the driver. The driver asked if I had insurance to cover anything and I said of course and that was true. The problem was my license needs renewed so I'm pretty sure I can get in big trouble and get my license taken away. I was ready to give them my insurance information, my phone number and everything. I thought I was doing the right thing while being caught in the moment. I asked the driver if they were okay and they we're like "oh yeah I'm fine, just scared the shit out of me". We stood there for a minute and I was dreadfully waiting for them to whip out their phone and call the police until they said "oh, I dont have insurance. I'm gonna go now, just be careful next time". So they hopped in the car and left without getting any of my information or even my license plate number so I guess I got lucky, but I'm still worried. I now realize I didn't do the right thing, so what can I do? I'm not even sure if there were any cameras around that could have recorded the whole thing.

Answer: Don't worry. You were at fault for the accident, but they were more at fault for driving without insurance. There is zero chance of them reporting the incident, and nobody else cares if you got into a fender bender with someone. You're completely fine, relax.


Title: Living Room Rental

Question:
A few months ago 4 other girls and I signed the lease to our new apartment. It is a 2 bed and 1.5 bath.

Before signing the lease it was explained to us all that two of us would be living in each bedroom and one girl would live in the living room.  We all agreed to this arrangement and there are messages to prove so.

Now, the girl living in the living room is threatening to sue us because she says what we did is illegal and we are not allowed to have her occupy the living room. Even though we all agreed on the arrangement before hand. She is saying that it is illegal for us to ask her to live in the living room because the lease is meant for bedrooms only.

The only thing our lease says about this is “resident understands that the number of occupants cannot exceed landlords occupancy standards for the floor plan of the premises, which generally is no more than two persons per bedroom plus one additional person. If the household composition changes such that the number of occupants exceeds this occupancy standard, Resident agrees that such over utilization shall be grounds for landlord to terminate this agreement, solely at landlords option.”

As far as I understand we are within that agreement because there are still only 5 people on the lease.

Can she still sue us? If so, what steps should I take next?

Answer: If she legally can't rent out the living room, all she can do is get out of the lease. She can't really "sue" you for anything because the lease is void and she voluntarily agreed to it. In situations like that the court isn't going to grant damages to a party that was a willing participant to an act that's against public policy.


Title: Fell asleep at the wheel charged reckless driving, license suspended requiring medical review until MARCH

Question: This happened in Ontario, Canada fyi. I was driving home from my friends at 4 Am after having a little nap, fell asleep returning home, got sent to ER no serious injuries or anything so thank god for that, just damage to the vehicle. I've already got legal help for the careless driving ticket but that is actually the least of my worries right now. I got a notice in the mail a few days later saying that my license will be suspended until I can prove i'm fit to drive because of a "syncope".  I got booked for an ECG in March 2019 after doing some other tests. wtf am i supposed to do about this i have no way to go to/from work without being able to drive. Is there some kind of mistake or is falling asleep 5 months without your license no if and or buts. If anyone has some serious advice but i  missed some key info  I can give some more exact details to clear things up.

Answer: Basically, they want you to be checked out to make sure that you don't have an underlying medical condition that could cause you to pass out again.  Because this time, the accident was just you and some vehicle damage.  Next time, you could plow into a crowd of pedestrians.Answer #2: You are supposed to find alternative transportation because your *privilege* to drive has been suspended until you can show you are medically fit to drive. If you get caught driving on a suspended license the penalties will be severe.


Title: A business owner just threatened to sue me for a bad Google review. Should I be worried?

Question: I recently posted a bad review for a mechanic on Google reviews, which mentioned that his mechanics were incompetent (my opinion) and that he charged me more for the job than the original estimate. He posted a reply stating that he was seeking legal counsel against me. Should I be worried? The review was posted anonymously, as all Google reviews are, so I'm not even sure if he'd have a way of getting my information. Any advise/insight into this would be greatly appreciated.

Answer: I wouldn't worry about it for a minute. Nothing is going to come of it.


Title: Tried askreddit but was directed here. Lat night got assaulted and have a high chance they were old friends. Should there be charges as well as potentially becoming in danger for justice?

Question: [deleted]

Answer:
 You should call the police and report the assault.  Give them whatever facts and evidence you have.  They will decide if and how to investigate, and then take the case to the prosecutor who will decide whether and what to charge the suspects with.

> potentially becoming in danger for justice?

I don't know what this means.


Title: Nevada. Hospital did not follow DNR

Question: Hi r/legaladvice.  Forgive me if I don't go in to the proper detail, but this situation is still ongoing.  My father was admitted to a hospital in Nevada on Wednesday 6/7 following sudden low blood pressure issues at a medical appointment.  He was admitted, the issue was diagnosed as kidney failure, and he began dialysis.  My fathers medical history is not great.  He has numerous complicating diseases and takes over 20 prescriptions daily.  He sees 22 different doctors on a regular basis.  About 2 years ago, my father had complications with sedation and pneumonia following a spinal surgery.  The road to recovery was about 8 months and his quality of life has rapidly declined since.  Updated his DNR following this incident, and it is very explicit about what can't be done, specifically that intubation is not allowed. Jumping back to current times, last night my mother and I, who are medical POAs, left the hospital thinking everything was on the up and up following his dialysis and watching the warriors not close put the championship with my dad.  Not 45 minutes later we received the get back here call from the nurse.  No questions were asked about intubation.  We arrive about 20 minutes following the phone call to find him intubated and on fentanyl.  We address that the DNR wasn't followed, only to find out that there was no record of the DNR in their system, even though there was record of medical poa and these documents were provided both at admission to the ER and on transference to the icu.  Does anyone have any experience with this type of thing?  My mom is freaking out that we are now on a path of undue suffering for my dad against his wishes.  It's morning now so people are finally coming around for rounds, and we should know more about where we are at medically, but I'm looking for any advice.

Answer:
 Paperwork goes missing in patient charts all the time, including DNR paperwork. It is incumbent on patients (or their POAs) to make sure that a DNR is known by the treating staff and there is note of it in the chart. Since there was no paperwork, the staff instituted life-saving measures, as they are legally and morally obligated to do. Just because you have POA over your father's medical decisions, does not mean that staff will delay life-saving interventions to get your permission first. They broke no laws here.

You can complain to the hospital administration. Also you can speak with his physician about his. I don't know the details (nor do I want to know) but if you are considering withdrawing care because of this, then request an ethics consult and see what their advice is.Answer #2: Question from a physician: if you know your dad never wanted to be intubated, why are you keeping him intubated now? Far better to extubate and honor his wishes as best you can. Legally and ethically, there is no distinction between withdrawal of care (extubation) and never initiating care in the first place (honoring his Do Not Intubate wishes).Answer #3: IANAL

Have you taken the issue up with the hospital administration?  Some hospitals have a patient ombudsman or patient advocate.  I would start there.Answer #4: Lack of DNR is not on the care provider. It's on you.


Title: Is it illegal to discriminate based on a doctor's credentials? (IN/OH)

Question:
So the title might not be totally accurate. I'll try to explain.

I medically withdrew from my university, which is private and located in Indiana, last February, 2016. I live in Ohio and all of my doctors are in Ohio. As part of the readmission process, the university wants me to have all the doctors who treated me since I withdrew fill out a questionnaire and send in a letter of recommendation.

I saw one of my surgeons today and gave him the form and went over it with him. He is a DDS who specializes in oral and maxillofacial surgery. One question on the form really bothered him. It was: "Are you a medical doctor? If so, what are your credentials?" He said that question was illegal, because it's illegal to discriminate based on medical credentials or something like that. He said something about some Medicare legislation recently made that illegal or something. I am sorry for the lack of details. I didn't ask him about it further, though I probably should have.

For his recommendation I'm pretty sure it will make no difference, but I realized afterwards that the university has 'discriminated' similar to this before. I had re-applied before using a physician's recommendation, and was declined because they wanted a psychiatrist's recommendation (it was much more complicated than that [I can go in much further detail if needed], but that was the gist of it).

So what I'm wondering is, is that kind of question ("Are you a medical doctor? If so, what are your credentials?") or making a decision based on the answer to that question indeed illegal? Like, hypothetically, if the university decided that my surgeon's recommendation was not sufficient because he is a DDS not an MD, would that be illegal? Is it any different if, instead of DDS and MD, the difference was between a general physician and a psychiatrist (both MDs)? What about between an MD and a licensed psychologist? Would I have any standing for legal recourse if that decision impacted me?

I am struggling to find anything close to what my surgeon was talking about via google. Any help or direction would be appreciated. Thanks

Answer: He's just hurt because he isn't a medical doctor. He is a dental doctor. Dentists tend to get upset when it is pointed out that they are not medical doctors.