Title: Guy who scammed me by subleasing an apartment to me moved back in and put my belongings outside and they got rained on and damaged... What is my recourse against him if anything?

Question:
Location: Atlanta, GA

This is a follow up to this post:

https://www.reddit.com/r/legaladvice/comments/7ktopu/a_man_scammed_me_for_an_apartment_now_wants_to/

I ended up having to move out and I left some of my belongings at the apartment and I planned on getting them within a day or two. By the time I had come back to retrieve my items the guy had already put everything outside and it got rained on and some of my stuff was damaged. Not really any considerable damages in terms of money but drawings and other sentimental items that my baby siblings had given to me over the years were ruined.

Last night I had to call the Atlanta Police in order to get back in the home because he would not let me get the rest of my belongings and when I had gone back inside he and his boyfriend had eaten some my food I left in the fridge and he now says he is working on getting a restraining order against me because "I threatened him" which I did not I only told him that if he steps foot inside my home and makes me feel threatened while I am in there I will respond with all force that I am allowed to exercise.

This guy has taken the $1,700.00 I gave him for rent and security deposit and spent it on himself and I had to fork out extra money at the time just to not get evicted. Now that I am suing him about it he got me evicted out of the apartment by telling the leasing office I was living there and even though that was technically a violation of his lease they let him back in so I was without a home for a few days. Now he has eaten my food and caused some of my belongings to be damaged. There was a even a blunt roach on the counter top that they had just smoked and the cop saw it yet did nothing about it and it's illegal here in Georgia. I feel like these guys are just getting away with being criminals and the system is working in their favor.

Is there anything I can do? This guy deserves everything that will come to him. Can I press "theft by taking" charges against him?

Literally any advice at this point helps. Thanks to anyone who chimes in.

Answer: The last post was a week ago. Why did you let them force you to leave without notice?


Title: [NY] Cell phone with driving will get license suspended, please help!

Question:
I was pulled over for talking on my cell phone while driving.  Just some back story, I was on the phone with a graduate school and it was an extremely time sensitive matter (offer for admission expired at the end of the business day).  Not taking the call could have resulted in me not getting being accepted into graduate school at all.

I already have 6 points on my license in the past 15 months due to minor speeding violations (3 points for speeding 9 mph through a small town and 3 more points for not coming to a complete stop at a stop sign).  I plead guilty for both because I was traveling so much at the time that I didn't have time to contest it, unaware of how many points I had racked up.

If I get convicted for this cell phone violation, I will have 11 points and my license will be suspended.  My court date is on Tuesday.  All I care about is reducing my points so my license does not get suspended.  I am 23 years old, I work full time and I'm in school full time, and I'm about to start graduate school.  Clearly I rely on my car a lot.  I've never gone to court for anything before.  How do I maximize my chances of reducing my points so my license does not get suspended?

Thank you for any advice!!

Answer:
 >How do I maximize my chances of reducing my points so my license does not get suspended?

By hiring a lawyer and stop getting so many traffic violations. Answer #2: > Not taking the call could have resulted in me not getting being accepted into graduate school at all.

Then you should have pulled over.

You can hire a lawyer and see what they may be able to do for you. But your bad driving is likely going to have some consequences for you. That's how the point system works. You get to mess up a few times but if you keep doing it then you lose the privilege to drive. You should look into other transportation options.


Title: I think I need to call OSHA on a company that did some work for my apartment. There's no way I'll be able to remain anonymous. [Federal]

Question: [deleted]

Answer:
 Wow.  You seriously need to mind your own business in this.

>From what I saw they were missing hard hats, facial and eye protection, *respirators, possibly steel toed boots, and they clearly hadn't been trained on proper ladder use.

Lol seriously.  Get a life.

These guys are plumbers, carpenters etc.  They don't give a crap about your thoughts on how they do their job.  They also know where you live.  So even if this is the mother of all OSHA violations and OSHA drops a nuclear bomb on this company, these guys will instantly know who is responsible.  They aren't gonna shrug their shoulders if you cost them work or possibly their job.  They are exactly the type of people that like to deal with snitches in their own way.

Maybe you have been brainwashed into being a snitch or were just born that way.  I would take this opportunity to do some self reflection on exactly what drives this urge to snitch on people.  My guess is you'll find out that its not so much some strangers safety as is your inner ahole that likes to show people like this how important you are and how many Government regulations books you have studied.


Title: DC is using home area code when calling, isn't this spoofing?

Question:
I have been reading over the FDCPA and Anti-Spoofing Act. Help me understand this correctly.
Twice now I have received phone calls from a new DC agency over a debt I may intend to pay, I say may as if they are doing something illegal, I will have my attorney handle it. The DC has used my local area code to make the calls which I did not answer, but did call back and hung up once I heard the companies answering service. I know for a fact that this company does not have an office in my area code. This sounds very much like spoofing and using VOIP. Am I understanding this correctly? What rights do I have? Any help would be appreciated.
Topic:
Credit Debt Bankruptcy

Answer: You called back the local number and got them? Then it's not spoofing. They own the number and are entitled to call from it. Spoofing is if they pretend to be another number that's not theirs, like say your family member or something.


Title: How can I get a US marriage license for a marriage ceremony performed overseas?

Question:
Hi,

A question from California. How can I get a marriage license for a wedding that's held overseas? The ceremony would be next summer, which I think excludes some states. We want to get married under US law, by a person who fills the US requirements (e.g. pastor), not a foreign government official. Is there a way to manage this? Thank you!

Answer: When you marry overseas, you marry based on the laws of that country.


Title: Car was totaled, and insurance company will not cover the entire car loan

Question:
Hello,

A friend recently got a new car (BMW 1 series).  He financed it used from BMW (Certified pre-owned).  He was recently in an accident where the car was declared TOTALLED (complete loss).  This is New York, so it's NO-FAULT insurance.

The insurance adjusters just finished their work on the car's case, and the BANK NOTE was $23k, but the insurance company (ALLSTATE) is only covering 15k.  They state that this is all the car is worth, so this is all they will cover.

I have personally never been in an accident with a PRE-OWNED car, but I have been in an accident where I was driving a BMW that was a lease, and it was also declared TOTALLED and I ended up owing nothing, and was able to just get a new car without any issues or strings attached.

Aren't there rules about insurance covering the complete value of the car, or at least close to it?  This is an $8,000 gap between blue book and bank note, which is SO LARGE for this person that he will never be able to pay this difference.

What options does he have, and does anyone know any more details that we can look into relating to car insurance and resolving this?

Thanks!

Edit:  Thanks everyone for your input.  GAP INSURANCE would have fixed this, and I'm not entirely sure if this person should have asked for it, should have been offered it, etc...but at the very least, his BEING AWARE of it would have prevented this issue.  So, in closing, an ounce of prevention is worth a pound of cure ... or at least $8000.

Answer:
 This is what GAP insurance is for. Did he not have it?Answer #2: Did he have gap insurance? Has he negotiated for a higher valuation?

Edit: holy hellfire your random capitalization is annoying. I know how to read...jesusAnswer #3: > the BANK NOTE was $23k, but the insurance company (ALLSTATE) is only covering 15k

The insurance company (sans gap insurance) only cares what the car is worth, the bank note is meaningless (again, sans gap insurance).

So friend is going to be $8000 in the hole *and* needs a replacement vehicle. Previously he was $23k in the hole and had a vehicle. This is more an issue for /r/personalfinance than this sub, as it's not a legal issue but rather a question of planning and strategy.


Title: Would this void a contract?

Question: I am getting plastic surgery and I had heard rumors that the doctor I'm going to uses his physicians training under him to perform the surgery sometimes. I haven't seen the contract yet but I emailed them and they assured me the doctor performs the surgery and not his assistants. If the contract states his assistants may perform the surgery, would this email contradict the contract and make it void? I am in Massachusetts.

Answer: The email and you are saying two different things, I fear. The email is assuring you that the surgeon will perform the surgery. That doesn't mean that she will do every part of the procedure, as it's common and standard practice for other doctors to scrub in and assist with most surgeries (and, if this is a teaching hospital, often required). The surgeon will still be performing the operation even if he does let another doctor do part of it.


Title: Job moved me to Hourly, lowered my pay. [IL]

Question:
I am an only IT guy at my job and I was on Salary, I was just moved to hourly and my pay was reduced by about $2500 per year.

I was told all over time needs to be approved first and I will make up the difference using overtime.

Are they allowed to lower my pay rate like this? That reduction may not seem like much but It will hurt badly when it comes to bills.

UPDATE: I guess I posted too quickly. HR just told me that my Rate was fixed to reflect my salary rate.

Answer: Unfortunately yes. As long as they didn't lower your pay retroactively (for hours already worked) they can do that. Many employers are, to skirt the new overtime laws.


Title: How to file a "motion to compel"? Aunts are screwing my parents out of inheritance. They're experienced at it.

Question:
Thanks a lot for all the responses.  All the legal aid places were student powered and they're all out for the summer
My parents gave up so that's that.  But thanks again for trying.  Can't help those who won't help themselves.

sorry for bad grammar in advance

Grandad has passed away and suddenly he had no money?  My aunt's husband (not blood) was named executor of the will somehow and she has his power of attorney.  The will states everything will be divided equally but they claim there wasn't even enough money to bury him.  He was supposed to have hundreds of thousands of dollars saved.  My other uncle got his entire house somehow just before he died and is now not willing to help track down any of the other money, I suspect my aunt has used the house to buy him off.  The clerk says we need to file a motion to compel in order to force them to prove where all the money was spent, I have no idea how to do that.  Any help would be appreciated. Also grandad was not exactly in his right mind towards the end so he would sign anything my aunt told him to.

Also, they did this same thing to my nonblood uncles other side of the family when his parents died. Let's get some justice.

Forgot to mention in the few years before his passing they bought a second house in the country and a brand new RV.  He's retired and she doesn't work so where did they get that money?

Virginia Thanks bot

TLDR bank accounts empty how to write motion to compel to prove where grandads money went.
Topic:
Wills Trusts and Estates

Answer: You need an estate lawyer because you are in some pretty complicated territory.


Title: I got pulled over by a highway patrolman but he didn’t have his siren lights on and I got pulled out my vehicle at gun point

Question:
It happened right before Covid-19. I was driving from Asheville, NC to Charlotte, NC around 9pm. It was raining and visibility was limited. I started hearing a siren but didn’t see any lights. I kept hearing the siren and decided to pull off because I needed gas. When I pulled into the gas station I didn’t hear the siren anymore so I figured it was an ambulance. I pull up to the pump to get gas and out of nowhere, two officers are pointing gun out of there windows telling me to get out of my vehicle. They put me on my knees at gun point and asked me why I didn’t pull over which I explained clearly to the offers who has guns drawn on me. I’m an Iraq war vet who’s seen some shit so I knew to move slowly and deliberately.
Once they realized that his lights weren’t and about 30 more cops so up, he cuts his lights on, tells me it was a mechanical error, takes me out of cuffs and writes me a ticket for doing 75 in a 65. I have a video the entire incident if anyone wants to analyze it and let me know if I’m over reacting. I went to a lawyer but she literally told me that most lawyers don’t have the balls to sue the police. She said she would look into it but I never heard from her again so here I am

Answer:
 Were you speeding 75mph in a 65mph area?

>to sue the police

Sue for what?


Title: I am applying for US Tourist visa on ceac.state.gov . It has only 2 options for sex: Male And Female. I don't identify myself as either of them. I identify myself as third sex. What to choose in form?

Question: To visit nyc.

Answer:
 You have to pick your biological sex. Visas use your identify documents to verify it's you. It's not about how you identify yourself, sorry.

Answer #2: Use whichever sex your identification documents (Passport, national ID, etc.) show.

Further I would recommend that your presentation when you go through customs match whatever sex is on your visa. Confusing the CBP officer at the checkpoint can be extremely inconvenient.

I'm genuinely sorry if any of that causes you distress, but US Customs and Border Protection isn't really with the times when it comes to the existence of non-binary gender identities.Answer #3: There are governments that recognize a gender other than male or female but not the US government in this context. Answer #4: If you have any Y chromosomes select Male.

If you have zero Y chromosomes pick Female. Answer #5: A quick google gives me news articles saying that this has happened before to eunuchs from India. Are you in India? It's possible that either eunuch advocate groups, if there are any, or even the US consulate in a city/region with a large eunuch population, might have experienced this before and be able to offer practical advice.Answer #6: Are you biologically male or female? Whichever it is, is the one you select.


Title: Moving out of rental. Not giving thirty day notice.

Question:
So me and my fiancé have been looking into buying a house for cheaper rent. And we told our landlord a couple months prior that we won't be able to afford the rent (because out roommate was going to leave) and that we were looking into something else and probably move out. He said okay. And now we didn't fill him in on our talks with the banks and such because he doesn't really need to know. And now the bank just called me confirming the closing date (13th) so I called him and told him we are going to move out at the end of the month. So that's roughly a 3 week notice. No where in our lease does it tell us how far we need to give notice. It is literally a one paragraph lease that says we need to pay this at the end of the month and that's it. My *final* question is just will I get in trouble for not giving a notice. Even though it didn't say it in the lease I needed to give him one I just want to make sure. Sorry for the long talk, just want to make sure.

Edit: Living in Michigan

Answer: If the lease is silent, state law controls.  I can't think of any state where 30 days notice isn't required, and you didn't give your location.  If you're on a lease with an actual term (like 1 year), you're liable for rent until someone else moves in.  If you're month to month, you need to provide him actual notice in writing, and you're going to be liable for february rent at this point.


Title: Driving instructor stepping on gas pedal

Question:
Hey

First things first, my mom has been trying to get her driving licence for over 3 years now, she is very affraid of driving, but she insist that she wants to get the licence one day. She is not a great driver, she drives slow and very cautious. I am fine with her trying to get over her fears.

But just today my mom told me a story that happened a  few months ago and also why she has not been taking driving lessons anymore.

So she had her regular driving lesson, but this time with another instructor, because the one she has been driving with was sick. They went to the highway and the instructor asked my mom to go 90km/h, but she said she was affraid and didn't want to do that. Instructor flipped off, yelled at her and floored the accelerator, while he kept yelling at her. My mom started crying and shaking, while driving back to town.

I was furious when i heard what happened. I know that she is very fearful of driving, but is it even legal for driving instructor to act and behave the way he did? Flooring the gas pedal while yelling at the student on high speeds

I'm from Europe, Estonia.

Answer:
 It can be dangerous to merge onto a highway while driving at a slow speed. Other drivers expect you to be going the speed of the traffic. If I were him I might yell, too. The instructor acted reasonably, in my view.

What is legal differs on a case to case basis. While I'm unfamiliar with Estonian law, judges generally are not interventionist. They don't want to take away someone's liberties for minor offences.

I would say that the driving instructor did not do anything wrong. He may have saved your mother's life. You don't know. But I'm willing to give him the benefit of the doubt.

Sorry your mom had to go through this. I don't doubt that she was traumatized.


Title: What kind of legal options do I have that I can put into place when getting married to protect myself from a messy divorce if things don't work out?

Question: [deleted]

Answer: Get out. Now. No amount of legal preparation will stop you from having a messy divorce if the partner so chooses to litigate every single matter. You're already having doubts before you're married. You will definitely have doubts during it.


Title: Montana - Husband's weird employment arrangement, is it legal?

Question:
Long story short, my husband is an employee for a security business based out of state. He has six employees he supervises. He was verbally agreed a base salary budget of per month, but all salaries are paid from that budget. So, if he has no employees, he would get the whole budget as pay. Since he has six (the work can't be done otherwise), he gets what is leftover after paying them.

He does not have a signed employment agreement at all. The only thing he has signed for the company is his W-2 information. The company recently decided to take on more business requiring more employees to be hired, but the base salary stayed the same which will reduce my husband's salary significantly. He would still make at least minimum wage for what he works. Another caveat is he is required to be available 24/7/365 for emergencies, but he is not further compensated for this.

How screwed is he? All the talks of compensation have been verbal.

Answer: Sounds like he should find another job


Title: Became aware of 15 year old bench warrant today- I'm 500 mikes away. Next step?

Question:
I went into a firearms dealer today to pickup a handgun I purchased and they had to run the FFL background check. After paying then waiting 20 minutes, I was told it was denied and I was shocked; I have a TWIC card clearance, high level security clearance with Dept of Energy, and passed numerous background checks for jobs plus no issues after a recent traffic stop. I've been clean as a whistle.

The dealer put me on phone with someone and I was told county in GA has misdemeanor contempt warrant out on me from 2002. It hit me. During college, I was downtown Athens and approached by officer for open container. My friends asked officer to let me off easy since we were out of town, so he wrote warning ticket (so I thought) and we went to hotel. I only recall the ticket being very faded the next day and nearly illegible. Drove back home.

Forgot all about it-- fast forward to today. Apparently that ticket was real, yet it's never came up since nor have I received any mail, calls, or notice over last 15 years.

I called the PD and they said I need to come there to turn myself in, no information can be issued over phone. He was quite rude and short.

What are my options since I recall so little? I can take off work to handle it but what should I expect? Handcuffs and jumpsuit? Sitting in a cell waiting for hearing? Overnight stay? Original fine plus extra for failure to appear?

I'm clueless on this. I just wanted to *legally* purchase my firearm today and now I'm apparently a fugitive?

Answer: Hire a lawyer in the county your warrant was issued.  They will be able to investigate the warrant and work with law enforcement about your surrender so you spend as little time as possible in the holding cell.


Title: Research chemical seized before being made illegal, got a letter after it went illegal

Question: Quite new to reddit, but decided I'd make a post here and maybe get some help on what I should do next. Recently got a letter from the government which states, that I had a letter coming my way from the Netherlands, which contained some pellets thought to contain illegal drugs. Upon further investigation it was determined to be flualprazolam- a then legal analog of alprazolam. The package was seized on the 4th of March but the chemical was made illegal on the 10th of May and i received the letter just now- 16th of July. The letter states that I need to give an explanation on what those pellets would've been used for within 10 days or pay a maximum fine of 9600€. My main question is, is there anything they can do, since the chemical WAS legal when it went into customs and they just now notified me of it? As far as I'm aware, the analog laws don't apply to any substances other than Schedule I and II, but alprazolam is schedule IV. The country in question is Estonia.

Answer: You should consult with an attorney and speak to no one else at this point


Title: (KS) Am I allowed to demand ID from security employees at casinos before providing ID?

Question: Basically I get stopped by dudes in suits at casinos for looking young even though I’m ID’d at the door. It kind of gets to a point of harassment because they come at me like they’ve got me, stand real close like I’m gonna run and are very blunt and disrespectful. They do not wear name tags or anything. Am I allowed to make sure I’m providing ID to only people who do the same? Thanks.

Answer:
 Casio security tends to be VERY much on top of their game.  And, they don't like people getting cute with them.

You can refuse to provide your ID.  You can ask them to provide you with theirs.  But plan on being escorted out of there REAL quick, and informed to never return again.Answer #2: Of course -- there is no law requiring you to provide ID to anyone other than law enforcement. They might respond by ordering you to leave the premises and that returning would be trespass.

If you POLITELY say, "I will be happy to provide ID if you can show me an ID card or other evidence that you work for the casino." Then you aren't likely to get much pushback.Answer #3: You can ask.

They are under no obligation to let you into the casino, even if you do provide a valid ID. I strongly suspect that if you try this you'll just be refused entry.


Title: (VA) FIRED THROUGH A TEXT MESSAGE

Question: Woke up this morning to go to work, got dressed and proceeded out my door, looked at my phone and was told that I am fired. He has deducted pay from my pact check for child support. Child support in virginia has never received the funds deducted. Not sure what to do or how to go about it.

Answer: Contact the child support agency and find a new job


Title: friend crashed my car no insurance

Question:
Hey, so pretty bad start to the day.
My friend was visiting and asked to take my car to the store that's a couple of blocks away. I let him use it, and on the way there he got in a car accident.

Im not sure who's at fault, my friend was t-boned but was turning left and probably should have seen the car coming.

Unfortunately, my car insurance expired in September, and me being unemployed I did not renew my insurance.

I know I am an idiot and should not have let him take my car or let my insurance expire, but what should I do now? Should I contact Geico, I'm guessing they will tell me I'm on my own, right?

And am I liable for everything or is it my friend who is liable?

Any info would be appreciated.

&#x200B;

Answer: You and your friend are both liable for the damage to your car, damage to the other car, and any injury caused to passengers of the other vehicle.


Title: Can I erect a mini billboard / giant sign in my backyard kind of close to the road? [OH]

Question:
Just another struggling small business owner trying to make it happen. Was thinking of ways to promote my business without spending loads of money. No the business is not located at my house or on that property. It's in town at a separate location.

So my question is: What are the legalities if I wanted to build a giant sign in my yard, close to the road?

I don't think i would ever switch out the graphics like real billboards, to promote other businesses. It would just be used to advertise mine to people driving in or out of town.

So let's say two sheets of 4x8 ft sheets of plywood (So 8x8' total signage) with a couple posts cemented into the ground.

Or if there is some law about more "permanent" signs, would it make a difference if it was two posts with a big banner zip tied to it?

Also if there is an issue specifically with advertising or "billboards" could we get around it if the sign looked like one of those temporary construction site signs that says "Future site of ABC Business" or is there only so long you can do that without actually commencing real construction / making progress and it becomes obvious it's never coming soon?

If putting it close to the road is an issue, what is the distance it would need to be placed away front the road? I know I can't put it right up against the pavement. Was thinking at least 10 or 15 feet away so people aren't crashing into it or getting their car mirrors whacked off.

If any of the above isnt an option for whatever reason, i was also considering attaching a massive size banner to an existing building on the property which is not close to the road, but still visible while driving if the banner is big enough. I'm talking a huge size banner, probably the size of a regular billboard or bigger. The structure is in the back side of the property. Roughly 190 ft from the road / pavement.

We live outside of city limits, almost out in the country along a state route, basically the outskirts of town. (Definitely not a "big city" at all. Its a small little corn town compared to most but I doubt that makes much difference regarding laws)

There is also is a city owned park across the street if that matters. I'm assuming it does somehow. They have the main park in town, and then this park (park #2) farther out on the outskirts of town.

Thanks for the help in advance guys!

Edit: Who commented "erect" with the Lenny face? I lol'd hard, so thank you for that. ( ͡° ͜ʖ ͡°)
Topic:
Business Law

Answer: It depends on zoning laws. Code enforcement folks in small towns often have very little to do, so calling them and asking is probably the fastest way to find out.


Title: Airline gave my sisters bags to the wrong person without checking, they're now refusing to help us resolve it or even talk to a supervisor

Question: [deleted]

Answer:
 IANAL

> so the airline left 10 minutes early

If she had already checked in her luggage, there is no way this happend this way. If all checked in people are on board they can leave 10 min early. Source: just checked with a pilot sitting across from me.

>airline had loaded the bags for her 92 year old father in law without checking any tags

This was most probably not the airline but the airport. *Very* few airlines have their own handlers. That means the airline is probably not responsible for that error. They might be responible for any expenses due to lost luggage that night.


Title: Following yesterday's news that President Obama commuted Chelsea Manning's sentence but that Manning will not be released for another 5 months... could the new administration block or reverse Manning's commutation or release during that time?

Question: Link to news story on the commutation: https://www.theguardian.com/us-news/2017/jan/17/chelsea-manning-sentence-commuted-barack-obama

Answer: No.


Title: [Texas] Non-Attacking Attack dog vs Neighbors

Question:
So I have a Boxer that i spoil to no end that i allow to do what he wants in his back yard. This includes barking at walkers by from my neighborhood. The problem this is starting to arise is that i am getting some increasingly frustrated neighbors that walk by because my dog runs along the fence line as the walk by and he barks at them. Not in the aggressive i want to rip your head off bark but the acknowledge me bark.

Sometimes he will be on the other side of the fence playing with my nextdoor neighbor and will see someone walking by and in a flash he is from one side of the yard to the other and he doesnt bark until he reaches the fence next to the sidewalk where they are walking, scaring the bejesus out of them. My house is on a lake so my gate is not wooden it is wrought iron and the neighbors cant walk by without my dog seeing them and giving them a scare.

I dont restrain him from barking because i never want him to become too friendly with strangers to where he wont alert me of danger or if someone is somewhere they shouldnt be. Plus there is another option to walk across the street where there is no dogs, not saying the walkers have to but they have the option.

My question is how liable am i for any injuries that may happen to a neighbor walking on the sidewalk if my dog startles them and they fall over or God forbid have a heart-attack?

I have talked to both my HOA and the local police where i live and explained to situation and they both told me what he is doing is fine as long as he is in his yard. Annoying maybe, but fine. He is in his yard, he doenst snap at people and has never bitten anyone. He is a very playful 2 year old boxer but i dont think non-dog owners know or care about that. Should i just put up a dog sign and be done with it or do i need to take more measures?

Answer:
 Your dog is an uncontrolled barker and needs proper training but it sounds like you're in complete denial. However, as long as your dog is inside your fence and doesn't manage to get a piece of anyone, you're fairly safe. With an HOA though, if people complain, you could find yourself with some issues. Answer #2: Legally you probably don't need to.

Practically you should, you know, train your damn dog.


Title: I'm not being offered protections after a sexual assault at work.

Question:
I live in Texas, where this also occurred.

A couple months ago, I was sexually assaulted by a coworker in our breakroom. We do not have cameras in there, but we do elsewhere on the sales floor. The coworker who assaulted me is very well liked by store management as well as upper management. I immediately reported the assault to a female coworker, who is my friend. She assisted in getting a manager to help me. I reported it to my manager. Since there was no camera, it became a "he said/she said", and basically they did nothing to my coworker.

When they talked with my coworker, they did not mention that it was me who reported him, but he said my name and practically verified everything other than him assaulting me. I also know I am not the only person in my store this has happened to, but I have not shared this with management. Other victims did not report because they thought management would do nothing.

The agreement my store manager offered was changing my schedule, which I cannot do. As the victim, I feel like I shouldn't be suggested to change my schedule. I've done nothing wrong. It was also suggested to have zero contact and no conversations. Also, that we are to stay on our respective areas, and that if he comes around, call a manager.

So, he's been in my area, in close proximity, for no reason really. I find it intimidating, and he has no valid reason to be over by me. So, I reported it to my manager for the second time this month. I was told basically again they weren't going to do anything, because from a business standpoint, nothing happened. They also said they cannot keep/prevent him from my end of the store, which is something I was told they would do. They say it "wouldn't be fair to him" but stop short of denial. I can't even risk going to the breakroom because he may be in there, and I cannot take a chance on being alone with him. My boss says since I'm in a visible place in my store, it would be easy for me to leave the situation or get help if something were to happen, and there are cameras to back me up.

I do not feel protected. They offered an agreement and I am following my end of it. A supervisor sitting in also heard this agreement. I don't feel comfortable at work. I don't feel like they care, and they're more interested in business numbers, even if it means the offender is awarded.

Where can I turn? If I go to regional management, they also like this coworker and I expect more of the same. I did not contact police when this happened. I am also seeking alternative work. I could also ask for a store transfer, which I'm considering. Store transfers are not always granted.

Answer:
 If you're the victim of a sexual assault you contact the police and file a report.

You can also seek a restraining order as part of that.


Title: Looking for stolen tools at pawn shops.

Question:
Had a bag of tools (~$200 worth) stolen from my car. Filed report, cop looked at camera footage in the area but nothing. Was recommended to look at the local pawn shops to see if they turn up there. How would I ask about this situation at the pawn shop? Also in the event that I somehow make it to the shop prior to the sale, would it be unreasonable to ask the shop to call the police if a dude shows up with the bag of tools?

Also what other things should I expect?

For reference, I live in western Wisconsin.

Answer: Just ask them if they’ve recently received tools. Having worked in a pawn shop, we would have been happily forthcoming with any information we had. We certainly would have kept our eyes peeled for property that could be yours. We also wouldn’t have taken used, common tools in the first place, but that’s besides the point.Answer #2: Not legal advice but a practical suggestion. I'm going to suggest checking craigslist, Facebook makertplace, etc. You might see them listed there if a pawn shop didn't work out for the theif.


Title: Upstairs neighbors' behavior causing water pouring through our ceiling

Question:
We have water coming through our ceiling on a regular basis (every 1-2 weeks) in our bathroom, kitchen, and most recently our hallway closet as well.  Originally we had blamed our landlord, but after meeting with the building manager today it seems increasingly likely this is the result of our upstairs neighbors washing their floors by dumping buckets of bleach water and then just waiting for it to dry.

My roommate and I are going to try to talk to them about it tonight, in the hopes that they will stop doing this if they see how it's affecting our apartment, but I'm not sure they will be receptive.

I live in NYC, and I want to know what legal action I can take to get this to stop, if they won't stop on their own.  It's a strange situation, as they're only doing things in their own apartment, but it's making ours, at times, unlivable.  The landlord replaced the flooring in their apartment but it did not improve the situation, and there seem to be no long-term solutions other than getting them to stop (building is over 100 years old).  Any help would be greatly appreciated!

Answer:
 You can sue them for any damage to your property. Make sure you document this so you LL doesn't try to charge you for it when you vacate. (of if he does, you have a good case to sue him)Answer #2: You do have renters insurance right? If not go get it today. Easier to file a claim and let the insurance go after the neighbors than for you to have to.Answer #3: >washing their floors by dumping buckets of bleach water and then just waiting for it to dry.

What
The
Hell?


Title: [SC] Could I actually be jailed over a traffic violation? (Relatedly, am I being harassed/stalked?)

Question:
I’m 16 and got my drivers’ license last month. Recently I forgot to check well enough while making a turn and accidentally cut someone off.  She had to slow down, but there was no collision and no damage. The driver I cut off honked a lot at me, which I understand. I realize what I did was dangerous, illegal, and entirely my fault. I seriously intend to increase my concentration and conscientiousness while driving in the future.

However, the driver I cut off then followed me home (5 min away)  and yelled at me once I exited my vehicle. I apologized profusely and admitted I was in the wrong, but she would not leave my driveway for roughly 15 min. When she finally did, she had said she would call the police, have me arrested for “attempted manslaughter”, and sue me for causing emotional distress and being a danger to society. She came back the following day (today), but I recognized her and pretended not to be home because I was scared of her. I’m terrified that this woman knows where I live and could come back again.

Could I actually be looking at a lawsuit or jail time for this? It sounds ridiculous to me, but I’m really scared. I know it was dangerous and my fault, but it was an accident and no one was hurt or damaged. I’d be willing to give up my license if anyone asked, but so far I haven’t been contacted by police or a lawyer.

If not, is there anything I can do to ensure this woman leaves me alone (besides moving)?
Topic:
Traffic and Parking

Answer:
 No, you're not going to be jailed. At worst, it's a traffic ticket and points on your license, but you didn't cause any damage. Tell you parents like now. Next time if someone is following you, drive right into a police station. You're a new driver, don't beat yourself up.

This woman may not have crossed the line into criminal harassment yet, but it's very close. She probably knows you are young and is trying to scare you. She's mentally unhinged to be doing this to a teenage kid. I'd file a police report if you see her again, but you really need to tell your parents.


Title: I had a roommate move in recently. While he was at work his old landlord came and knocked on my door looking for him. Is that legal or not?

Question: [deleted]

Answer: Yes, it's legal for someone to knock on your door.


Title: Dentist sent me a bill with no itemized list or description, just an amount owing

Question:
Yesterday I received a bill in the mail from my previous dentist. A bill stating I owe $708.00. This amount is a complete shock to me, as I have coverage and did not agree to get dental work to a large excess over my yearly amount. The bill is mostly blank, as there is a large box where the itemized list should clearly be, but not a single thing is listed. The bill otherwise has the standard stuff that is found at the top of  bill ( contact info for both of us, my account number and the date the bill was printed). It also states my last payment date. The date is not correct for several reasons. I have never paid them directly, as insurance has always been direct billed same day and the date listed I no longer even lived in that town.

&#x200B;

Some background info: I recently moved to a new town, 800 km from my previous town but within the same province (Ontario). Just prior to moving I had a fair amount of dental work done. The dentist I was seeing would direct bill my insurance and then would bill me for any remaining amount. I had inquired several times while in office if there was anything I owe, I understand insurance doesn't often cover the full cost. Every time I was told it was fully covered. I had 2 appointments scheduled the week before I moved, at the first appointment I asked how much work was left to be done as I was approaching the cap of coverage for the year. I was told they would do 2 teeth at each visit, with the potential for a third on the last visit. I agreed as that would only bring me slightly over my insurance coverage.

&#x200B;

I knew I was moving before I would be able to settle my account. The first week in my new town I contacted the dental office to update my address and to find out the amount I owe. I was not able to talk with the regular receptionist, but the lady I spoke with updated my address and told me a bill would be mailed as she did not know the system well enough to tell me the amount on my account. That was nearly 2 months ago. I received the bill yesterday, and it was only printed on November 19 .

&#x200B;

Do I have any legal standing to fight this bill? I did not agree to get dental work done to such an excess of my coverage amount, nor do I even know what work I am being billed about.

Answer: Have you asked the dentist's office for an itemized bill so you can verify the charge(s)?


Title: [Michigan] I received a summons for a car accident from three years ago

Question:
This morning I received a summons for a car accident I was in three years ago. I rear-ended a woman in October 2015. It was bad, but more so for me. My car was totaled and her's needed to go the shop. Injury-wise, she seemed fine. She even walked over to my car to make sure my girlfriend was all right. I asked the officer on the scene if she was all right, and he said her back was hurting, but it was from a pre-existing condition.

We worked everything out through our insurance, and I assumed I could put it all behind me.

Anyway, fast forward to now, I get something that filed five days shy of the three year mark saying that she suffered all these injuries and had to get foot surgery all as a result of the accident. I don't understand why it took her three years or how she hurt her foot.

I'll probably have to wait until Monday to hear back from my insurance agent, but in the meantime, does anyone have any advice for me? Should I be worried? Does she have a case?

Answer:
 Just let your insurance company handle it and don't sweat it.  There is no way to know if she has a valid claim or not.  It isn't uncommon for car accident injuries to show up after the fact or be more costly than anticipated.  It also isn't uncommon for people to take a last second stab at some easy insurance money.

In either case, your insurance company will take care of it, and they are experts at handling both types of situations.


Title: My old landlord is claiming damages, and says she doesn't have to prove anything. I know she's just making up numbers. How do I respond? (Washington)

Question:
The carpet cleaning and lock replacement take up about $250 of the $500 deposit I paid. I asked her for receipts and she doesn't want to give them to me. Fine. However she claims I owe her "$480 for 92 piles of dog poop at $5 a pile" as well as "items taken". I think that's ridiculous. I know I was bad about picking up pieces here and there, but she takes my dog out all the time and she had literally never picked up his poop. She tells me where it is and I pick it up? She's also never brought it up until I asked her for my deposit back, and claims she "marked it on a calendar". At this point I don't even care about getting my money back, apparently she needs it more than I do to the point of making up numbers. Can I just ignore this letter, or do I need to send something back/take it to small claims? (I can't really afford to take her to court not do I want anything out of it, I just don't want to give her money after she kicked me out early without evicting me properly and changing the locks while I was still a tenant, as well as other things.)

I'm sorry for rambling, I just got the letter and I'm angry and confused. Thanks!

Answer:
 You're not responsible for lock replacement. Did you take pictures of the carpet before departure? She can't charge $5 per pile as it would be considered unreasonable.

Secondly, you should sue her for your deposit, and more if she illegally evicted you. Judges hate slumlords, as that's exactly what she is. A small claim will cost you approximately $60.


Title: Is body shop required to put car back to condition customer drove it in if customer decides not to get work done there?

Question:
This is in California

I took my car to a body shop and they found more damage and have increased their original estimate for repairs significantly.

I would like to take my car to other body shops for estimates but since the lights have been taken out, I don't think the car is ready to drive out as:

  i. I don't think it's legal to drive until the lights are put back in, even during the day? (Correct me if I am wrong)
  ii. I don't think it's legal to drive without a rear license plate, even if the front license plate is OK? (Correct me if I am wrong)

Hence, I have asked the body shop to put the lights and rear license plate back in so I can drive the car around to other shops but they are pushing back saying that they cannot let the car go as it's not safe to drive.

My questions:

1. Can the body shop refuse to put lights and rear license plate back in (that does not allow me to shop around for other estimates)
2. Can the body shop charge a fee to put these back in (I signed no contract agreeing to paying them any fee if I did not want to get the work done through them)

Here is the current state of the car: http://imgur.com/a/O6CY7/embed

Thanks for your time,

Answer: You could have it towed to another shop.


Title: Got a speeding ticket but didn't tell me about points?

Question:
I got a speeding ticket for going 62 in a 45 and he asked if I had any  points on my license, which I don't.
He came back with the ticket and told me that there is a $105 fee or I can fight it in court, he said nothing about points on my license, are they supposed to and what should I do?
I'm in New Jersey

Answer:
 Cops aren't supposed to inform you of every penalty that your infraction carries.

Your options are to pay the fine or fight it in court.


Title: Refusing to work in an unsafe environment? [MA]

Question: I work at a fast food/coffee shop in a travel plaza. Long story short, we have no air conditioning. Last month we had a wicked hot day and we were suffering and it's going to hit around 93 tomorrow. Can I legally refuse to work because of unsafe conditions? Can they legally fire me for refusing?

Answer:
 Temperatures in the high 90s are not generally considered unsafe. Drink plenty of water and wear appropriate clothing and you'll be fine. Your employer is required to provide potable water.

If the interior temperature is high enough to put you at risk of heatstroke, or if your employer isn't providing water, call OSHA.


Title: I'm afraid I made a huge mistake buying a used car from a private party, since the bill of sale signature and title signatures don't match [CT]

Question:
I am so worried that I got royally scammed. I bought a used car for $4000 in cash from a guy who had posted a Craigslist ad. It's a wonderful car, everything's fine with it, but in going over the paperwork, I've noticed and am now killing myself over some major discrepancies that in my excitement I totally missed. He gave me a bill of sale that was already signed and dated and a title on which we were the third transfer. When referring to the bill of sale and the title, he said, "This is my buddy"

The price was already written in and then altered. It was not $4000, but $5500, what he was originally advertising it for. The name and address of the "seller buddy" are the same on the title and the bill of sale, but holy shit, the signatures and handwriting are completely different! I'm shocked how I could have missed something so huge and am worried that I won't be able to register it now.

Though the guy who sold us the car didn't pick up his phone when I called today, I do know where he lives and he was selling from his house, where he had a ton of his kids running around. I suppose that made me overly trusting and my red flags didn't go up...

Has anyone ever heard of such a situation? Would I still be able to register it? What should I do now?

Answer: The guy is a car flipper. As long as you have a signed pink slip and a signed bill of sale, you should have no problem registering it.


Title: Federal laws, Kansas- I prank called the ATF on a dare about bump stocks

Question:
I prank called the ATF about a possession of a bump stock. I got in contact with a field agent whom I asked about the buyback of a bump stock. He said there's no buyback, and after a while I asked if there was a grandfather clause, he said no on that.

I ended the call by declaring I lost my bump stock in a boating accident, he told me "fuck you, were sending officers to your door" It was a cheap and childish laugh, but now that I thought about it, im worried he's actually serious. In any event, what will be the consequences?

I messed up thinking me and my friends would be cool pestering federal agents.

Answer:
 Please make sure you remove all the illegal drugs in your residence and do not continue to use illegal drugs.Answer #2: > In any event, what will be the consequences?

Well, lying to federal agents is in itself a crime that has serious consequences.

So nothing to federal prison.Answer #3: No-knock raids are not-infrequently lethal. Might want to sleep at your friends house.


Title: Cop rear ends me going 90mph! Need advise

Question:
Last year I was rear ended by a cop.  His black box reveals he was going 90mph and never once tapped his breaks until impact.  My car flew 50 yards. I was unconscious for at least 15 min.  According to the cop's dash cam footage no one came check on me for at least 20 min, not even the cop who hit me.  I suffered and am still suffering from major TBI (from the intense whiplash...my skull knocking around my brain) and 6 herniated discs.  My doctors and my attorney say i cant go back to work..i lost my career a month after my accident, after seeing my first doctor.  It took almost 4 or 5 months for us to get his dashcam footage.  Until we got it, our consolidated government...(who did the investigation) put fault on me.  Since we got the dashcam it is clear as day the officer was in the wrong.  So currently im suing the local consolidated government for how they handled the investigation as well as the sheriffs dept.

Things were looking up for a while bc i got a new attorney who was able to set me up with best doctors and who i thought actually cared about my case.

TODAY I RECEIVED AN EMAIL FROM HIM SAYING THAT BASICALLY SINCE THE COVID STUFF STARTED HAPPENING, OUR CONSOLIDATED GOVERNMENT IS DOWN ON REVENUE.  WHICH MY ATTORNEY SAID MEANS THAT THEY DONT HAVE TO PAY ME A DIME IF THEY DONT WANT TO.

I DONT SEE HOW THAT IS EVEN PLAUSIBLE. I STILL HAVE NOT RECEIVED A DIME FOR MY CAR HE TOTALLED, AND SPENT AROUND 100,000 DOLLARS ON MEDICAL BILLS.  MY MOM HAD TO GET A CREDIT LINE TO PAY MY MEDICAL BILLS. YET THE OFFICER WHO HIT ME JUST HAD TO TAKE A DRIVING COURSE, HE GOT A BRAND SPANKING NEW CAR, AND A PROMOTION!!!!

I WANT TO KNOW IF ANYONE THINKS THIS IS SKETCHY OR NOT? ANY AND ALL OPINIONS ARE WELCOME. THIS INCIDENT HAS LITERALLY TURNED MY LIFE UPSIDE DOWN.

Answer:
 Location is dependent here.

Most government agencies self-insure. It doesn't matter if the revenue is down or up now, you can hold that judgement until the state can cough up the money. They may have to issue a bond to cover their obligations. I'd also get a new attorney, who better represents your interests. This one sounds like he wants to drop the case because he won't get paid anytime soon. This is a slam-dunk case for a settlement, especially in the current political environment.Answer #2: Try posting in r/legaladvice but don't write in caps lock - you'll be chatting with lawyers in there, so write it as clearly as possible.  Stick to the facts and state your location.Answer #3: And to echo an oft- repeated sentiment here “never take advice from your enemy” in legal situations. I would ignore he advice given in any past or future emails from the alleged perpetrator ....

And here’s a third vote for “consult a new attorney” preferably with experience in same/similar cases.Answer #4: You need another attorney.Answer #5: This looks like a post for /r/legaladvice, not here.Answer #6: If you are in the US and have health insurance you shouldn't be spending more than $~10k all in on your medical bills, and your health insurance. If you are somewhere with no fault for medical you would go through your own car insurance primarily, and you would pay nothing.

You should get a second opinion from a personal injury attorney if you are not sure about the legal advice you are getting. Generally speaking, being broke is not an effective legal defense for the government, they still owe what they owe, and their insurer would cover it.


Title: Exgf eviction, can i sue her - WI

Question:
Ill try to be short, i was the only person on the lease, because of possible illegal activity at the property i vacated the property at the end of April.

Ex and her friend wouldn't leave, so i continued to pay rent for May, and June.  Property management company filed an eviction and they are now out, and im evicted as well for unauthorized guests.

My question is they have racked up over 600 in gas/electric/water bills in these 2 months, broke a window etc.  Am i able to sue them in small claims court for this amount?  what about the rent i paid when i was not there (this is documented)?   Also she owes me about 1200 i lent her, but doubt i can get that back as its not in writing.  It is in text that she will pay me back sometime.

Thank You

Answer: Yes, you can sue them for the bills. You can also sue her for the $1200 she owes you. Save those texts now. You won't really be able to sue for the May and June rent because you would've had to pay that unless you formally broke your lease anyway.


Title: [US California] How do I marry my girlfriend efficiently?

Question: [deleted]

Answer:
 You should talk to an immigration attorney about all of this.  They can walk you through the entire thing and there may be a few alternative ways to go about this.

1) Yes, if she's trying to come back specifically to remain in the US permanently, then she couldn't answer some of the questions on the application truthfully and get approved.  She can apply for a K visa which is specifically for people coming to marry US Citizens.  Or you can get married before she leaves.  She may also be eligible for a Green Card with sponsorship from her employer if she's been here over 6 years

2) I can't speak to Australia, but usually you'd need to register your marriage in another country *if* you live there or need some kind of government documentation.  You wouldn't have to "get married" in both places.  But you might need to go to a courthouse and bring a copy of your US marriage license.

3) There are windows when you can't travel in and out of the US while a Visa application is pending.  If the Visa is current, you can typically travel.  The timeline depends on what you're filing


Title: If you receive a package with your name/address on it, are you legally entitled to the contents?

Question:
Continuing on from [this thread](https://np.reddit.com/r/legaladvice/comments/5ip0u9/i_added_our_pdf_brochure_to_our_competitors_usbs/db9v0xy/) but assuming the US instead of the UK, if you receive a package meant for someone else but that has your name/address on it, are you legally entitled to the contents?

And a follow-up question given the question in the [OP](https://np.reddit.com/r/legaladvice/comments/5ip0u9/i_added_our_pdf_brochure_to_our_competitors_usbs/), would it be legal to send the thumb drives with your brochure if you legally owned the thumb drives in the first place?

[According to the FTC](https://www.consumer.ftc.gov/articles/0181-unordered-merchandise), if you receive a package for ANY reason and it has your name on it, it's yours. There seem to be people in that thread disagreeing with my interpretation however.

Answer:
 No, you are not.

> According to the FTC, if you receive a package for ANY reason and it has your name on it, it's yours.

No, what that law says is that if a *merchant* sends you something you didn't order, you aren't required to pay for it.  But that only applies if the sending was intentional.  If something is sent in error, the rightful owner has a claim to it.  Same with an incorrect address.

That law is in place to stop unscrupulous businesses from mailing you a product you didn't want and then following up with a bill because you kept it.


Title: I no longer want to share the name of my abuser. What do I need to do?

Question:
Hello,

First off, I live in Ohio.

So, my father abused me perpetually from ages 4-8, and then stalked my family from 8-10. I have his last name and while it's not an unpleasant sounding name, I no longer want it. I am ashamed of it. His side of the family has committed horrible acts aside from my abuse (and my mother and brother's abuse) and I no longer want that association.

I have been giving permission to take my mother's maiden name. I am very close with that side of the family and they've supported me all throughout school and enough for me to get into a great college. I am studying science and I would like any of my publications to NOT be associated with my father's name. He did not help me succeed.

For right now, I would like to begin by unofficially changing my name and then officially as soon as possible.

I am concerned about the implications of changing it, though. I'm starting at a new university in the fall and I applied as my current name and received a full ride. Could I lose my full ride for not having the same name? They have a name change submission form, but it still scares me.

I have also not developed a credit history or anything of the sort yet, so I would like to start that as my "new" name. I don't even have a drivers license.

Also, to change my name on my social security card, I know how to do it, but does it have to be an official change via the courts? What about a drivers license?

Answer:
 People change names routinely for all sorts of reasons, from marriage, to divorce, to your reasons. It can be a pain getting all of the records changed, but you won't lose anything because of it. I promise your university has dealt with name changes plenty of times.

As for changing official documents like your SS card or your license, you will have to get a full legal name change.


Title: [Chester County, PA] Husband received "courtesy pre-warrant letter" over a parking ticket

Question:
Chester County, PA

Today we received a "courtesy letter" from our local police department informing my husband of an open warrant out for his arrest regarding an unpaid parking ticket.

This is the absolute first time we are hearing of this alleged ticket. We never received any prior letters regarding the ticket in question (or else we would have just paid it). Parking tickets in our town are only $20.  We each have gotten one since moving here and paid it right away.

After some research, I was able to pull up the docket and the public court summary.  I found out that the ticket was issued on July 15, 2017 and that the "First Class Summons" was marked as **undeliverable**!  Upon further inspection of the docket sheet, I noticed that the only information listed for his address is the town that we lived in (next town over; 10 mins away) prior to buying our home in 2015.

So, to clarify the info so far:

* Moved to current town: July 2015 (all license and mailing info changed at this point.
* Parking ticket issued on 7/15/17
* First Class Summons Undeliverable: 8/22/17
* The address listed on the docket is old town, last lived at 2 years prior to the ticket being issued.  By July 2017 all of our information had been updated to our new residence for 2 years.

Questions:
What can be done about this?  We will begrudgingly pay the $20 parking ticket, but $120 is ridiculous considering that we had no clue a ticket was issued in the first place.  It seems that the summons was sent to the wrong address, of which the police department would have been notified and they could have taken two minutes to look up our current address based on his tag information.

I'm planning to call on Monday to get more information and I also plan to go through our old bank records to see if we actually DID already pay the ticket in question and that is why we don't remember anything about a July 2017 parking ticket.

Answer:
 Nal but will upvoting to see if someone has better advice than I.

Dude. If you have the $120 to spare, I would pay it. From the looks of the letter there is already a warrant. The costs will def go up if he is pulled over with a warrant and taken to jail. Can you guys afford to risk it? I wouldn’t. Better to be $120 than my forgotten about speeding ticket of $250 that turned into $400. But I couldn’t afford to go to jail so I paid it.

I get why you’re upset 100% but man. Dangerous game you’re playing for a measly $120. If anything I would call and see if they can reduce it maybe?Answer #2: Call the prosecutor, or go to his office. Show him your documentation or whatnot, explain the situation. Ask him to dismiss it.

I've gotten several parking tickets dismissed that way.Answer #3: Court. Contest this whole thing, undeliverable is a technical factor for dismissal. If they want to uphold the ticket and have actual proof is you, then 20$ sounds about right. The rest is non negotiable, you just have to say that would you have known you would taken care of this before and they cannot prove otherwise; their administrative mistake cannot be your burden. But yes, take the time, go to court, resolve it. Warrant for arrest is something that appears on your records for everythingAnswer #4: Just go to the courts. They issue the warrants, not the police. They can rescind the warrant if you pay and you can explain your situation there.


Title: AliExpress / AliBaba refusing to refund 100% and refusing to refund for an item that has a years warranty.

Question:
Hi Guys,

I purchased two items from AliExpress and they both have problems, I've been onto their support over 10 times now including emailing and attempting to speak to the individual sellers. but none of them are helping.

----

Product 1: [Free shipping!!Mobile Portable Solar Power Panel Charger Battery For Phone Laptop 11200mah bho](http://www.aliexpress.com/item/Free-shipping-Mobile-Portable-Solar-Power-Panel-Charger-Battery-For-Phone-Laptop-11200mah-bho/1696566185.html)

- I received the product and instantly it wasn't working as they described.

- The device smelt of smoke, was insanely hot on the side (I actually burnt my hand) and the only thing working was a light.

- I filed a dispute and requested a 100% refund, I didn't want to send the product back because it would be wasting £10 for nothing.

- I proved that the device was faulty by sending them a video.

- I tried the device again the next day and it didn't even have the light working, It was still getting insanely hot, still smelt of smoke and didn't work.

- We went to the dispute team and they offered me two options a 40% refund as they deemed a light working as a partially working device. Their other option was to send the product back for a 100% refund. If I didn't respond in 3 days they would issue a 40% refund. I responded asking a question on how can I send the device back in the cheapest possible way and I heard no response from them, 3 days passed and they issued a 40% refund... I didn't agree to this and the admin staff totally ignored my question.

- I've re-escalated it twice via their support and never received any response from the administrators, I just spoke to support again and they said they can't ask for another re-review due to it being rejected on the last review.

I questioned trading standards on the device and they said that it sounds definitely illegal and that I should receive a 100% refund for the faulty, hazardous product.

AliBaba/AliExpress still refuse to refund 100%, I'm currently losing 60% and have a product that does NOTHING sitting in it's delivery packaging in the corner of my room.

----

Product 2: [BIG SALE 35$/set 5000 lumens headlamp +2*18650 battery +Charger 3x CREE XM-L XML T6 LED 5000 Lumens Headlight Light Head lamp](http://www.aliexpress.com/item/BIG-SALE-35-set-5000-lumens-headlamp-2-18650-battery-Charger-3x-CREE-XM-L-XML/1550240490.html)

----

- The seller offers warranty of a year on the product and the second time I used the product it just didn't work.
- I contacted the seller to ask for a refund with a video proof of the device not working and received:

> hello ,thank so much! i saw your video ,sorry for the inconvenience!
> it's now the beside led didn't workig , , sorry ,it can't fix it, we can resend a new headlamp to you for 20% discount to you. it's okay?

- I quoted their warranty and I received the reply:

> friend, sorry for my late reply ,i saw your message, but i forgot to handle it.
> sorry for the inconvenience!  okay ,can you pay for 15$ ,we are willing resend a new one to you, do you accept it?

- I quoted the warranty and said that the item was clearly broken, I received the reply:

> friend, please, only the shipping cost need 6$... please ,we also want to solve this problem, . please .

- AliExpress/AliBaba for 8 support requests have it reviewed but none of them helped, I spoke to one today and she said:

> "I understand that. Here's what I can for you for the seller who is not offering you a warranty, I will report this seller to our higher department. I highly agree that he is violating the trade rules."

**I'm still £40 out of pocket with two useless items just sitting there, AliExpress and AliBaba are refusing to do anything about it... what can I do?**

Answer: Good luck, they are from China...


Title: My nephew's father refuses to give consent for therapy, what actions can my sister take to compel him? - California

Question:
My ex brother-in-law has NPD and has been manipulating my nephew to accuse my sister's boyfriend of abuse. (The abuse allegations have been addressed and they are completely unsubstantiated.) He encourages his son to lie to his mother and to be violent toward her. My sister is trying her best to combat these issues but it's very clear my nephew is developing [Attachment Based Narcissistic Parental Alienation Syndrome](https://pro.psychcentral.com/recovery-expert/2016/06/children-with-narcissistic-parental-alienation-syndrome/) at the encouragement of his "father."

My sister has repeatedly tried to address their son's behavioral issues with her ex, to no avail. She wants their son to see a therapist because clearly he needs one. The "father" is now refusing. He continually redirects and obfuscates. I live in Texas and she lives in California so helping her is very hard from such a distance. In California both parents are require to give consent before a child sees a physician or therapist. What can we do to compel him to consent to treatment by a licensed psychotherapist?

Thank you in advance.

Edit to add link

Answer:
 Frankly, there seems to be too much informal advice being given in this matter already.

A therapist SHOULD be the one who makes the decision as to any diagnosis.

And, an attorney should be making a determination as to what consent is required to see a physician or therapist.

And, just so we are clear here...  If the child is sick or injured, he needs to be taken to a doctor...  And not sitting around bleeding, waiting for the child's father to give consent.

I mention that because you include "physician" in what consent is required.  If there is any confusion at all about that, it's all the more reason your sister should consult with an attorney.

The parenting plan should say what the decision making process, and dispute resolution process is, and it should be followed, or modified.


Title: Stolen POD

Question: Sorry for grammar and spelling posting on mobile.  I rented a Mobile Pod for de-cluttering our house before selling.  When we sold our house the POD was picked up on the first of November.  When I requested delivery to our new house the rep confirmed delivery for Monday the 10th.l of December.  Well no POD was delivered.  After following up with our account manager we were informed that our pod had been stolen.  The rep informed me that they were surprised because they have know for the last three weeks and thought we knew.  The rep advised me to provide a list of what was in the POD so they can send to their insurance.   We had 90% of our ish was in the POD. I’m not sure whats gonna happen.  We submitted a fairly detailed account of what was in the pod. But I’m sure we missed tons of studf.  We are in Maryland.  What can we expect?  Thanks in advance.

Answer: [Helpful post on how to list your items](http://www.reddit.com/r/personalfinance/comments/43iyip/our_family_of_5_lost_everything_in_a_fire/cziljy3)Answer #2: NAL: Write down a detailed record of everything that was in the POD, and wait for their insurance to contact you. Don't be afraid to call them up to expedite things. I would also make it a point to contact your homeowners insurance and get some perspective from them, you may end up filing a claim through your own similar to how you would handle a car accident. File a claim through your own insurance, and let the insurance companies duke it out. Either way, give POD a chance to figure the situation out but don't wait very long. You want to stay on top of this. I would also ask for a record of where the POD was stolen from, so you can check craigslist and facebook marketplace for your belongings as well as file a police report for the area.


Title: Is the dealership trying to scam me?

Question:
Sorry if this is the wrong sub, delete if needed. I had bought a car several months ago from Dealership A. Included in the payments was extra insurance and gap coverage. Fast forward to a month ago... I'm trying to save money and get out of debt so I sell the car to dealership B (they pay it off) and I get a cheaper car. Nothing at all had happened to the car in the time I've owned it.
Today, Dealership A calls me out of the blue and asks when I totaled my car because the gap coverage company wants to know. I tell them I don't even have the car anymore because Dealership B paid it off when I traded it in a month ago. I haven't even made a payment on my new car yet.
They hang up and I immediately call the guy who now owns the car, who just so happens to work at Dealership B. He is driving the car and it's not been wrecked.
Dealership A end up calling me back asking me if I have an account number because the insurance company or the bank is having trouble locating me (??) in their system.
Why does the dealership need this info?? I've never had this come up when buying a car before. Even when we totaled a car by hitting a deer once before, it never went like this.

Answer:
 Did you pay off the loan on the car? Sometimes dealers will get upset when you sell too fast because the banks take the money back from them. If the loan paperwork doesn't say anything about it and you paid the loan off I wouldn't worry. Maybe discuss with the bank that had the loan.Answer #2: Complete guess here but if you had gap insurance and sold the car shortly afterwards you may be entitled to a refund.

I’d say to post this at r/askcarsales they may have an idea there.


Title: A friend of mine was paid 20 more hours than he worked and now they’re asking for it back.

Question: He said he didn’t notice his check was more than it should be and doesn’t have the money to pay them back. Does he even have to?

Answer:
 If he had realized that they'd shorted him 20 hours, would he expect them to pay him?

Of course he would.

Yes, he has to pay it back.Answer #2: Yes. He has to pay the money back. The exact terms and if and how they can just deduct it from his next check depends on location and the amount relative to his pay.


Title: Hit a traffic come and it knocked my mirror out

Question: Is it my fault if I hit a large traffic cone and it knocks my passenger mirror out? Got to the middle of the construction area and only got one cone right in the middle that was too far out in the road

Answer: Yes, you're responsible for driving in a manner to not hit stationary objects, especially large bright orange ones which are designed to be easily seen


Title: [North Carolina] Father of my (step)son told me we need to pay him $20k if I want to adopt his son - what recourse do we have?

Question:
My wife has an 11 year old son from a previous relationship when she was very young. My (step)son's biological father is a piece of shit, never paid much child support. There's liens against his income by the state but he makes at or below the poverty line so my wife doesn't get much from him (not that we need it). Absolutely zero involvement in his son's life since about six months after he was born.

I've pretty much raised my son as a father since I met his mother. He was two when I met his mom. He was five when we got married. When we told him we were getting married he asked if he had a daddy now and we said yes and he got so excited (tears all around as you can imagine, even now just thinking about it, bah). He's 11 now. He's called me "dad" since we got married and I've pretty much (happily) done fatherly things for him, teaching him how to ride a bike, teaching him a little bit about cars, teaching him about football, etc.

He's started to have some questions about his "other dad." We don't know where this came from, but he asked my wife and his grandmother about him. My wife told him I was his one and only dad but he is still curious. To assuage his curiosity, we've decided I should legally adopt him and (if possible) get a new birth certificate issued.

We looked into the process, found out we need consent from the non-custodial parent. Figured he would not give a shit since he hasn't thus far and plus it would get him off the hook for eight years of child support. Through Facebook searching, my wife found his sister and got his phone number. My wife wanted nothing to do with him. We thought about having attorneys contact him but are trying to do with with as little legal wrangling as possible, so I called him. Got his voicemail, left a message introducing himself, said I wanted to talk to him about "his" son. He called me back, said he wanted to meet me in person and we met at a bar this afternoon.

I drove 90 minutes to meet him. Hoped we could address this like gentlemen. I kind of admired that he wanted the man who has been raising his son but my wife said don't get my hopes up, he isn't chivalrous.

Knew something was going to be weird right away when he ordered a beer and told the girl tending bar that "I was buying." My fears were confirmed when after telling him everything, he flat out said if we wanted him to sign anything he wanted $20,000. Told me some sob story about his back being hurt and he can't work anymore. He said he had something I wanted (his parental rights) and if I wanted them the price would be $20,000. I said I didn't want to start shit but it was kind of shitty to hold a child's life basically hostage like that and he hasn't been involved in his life in the past 11 years so why did he care now. He said he didn't care now but he needed the money. I told him that was bullshit. He said (and this is a direct quote) "Don't get mad buddy. It'll always be my blood in that kid's body and it doesn't matter if you are nailing (his mom) right now or what the government says."

I was feeling the urge to start a fight so I just said I'd call him and left. Called my wife as soon as I was in in the car and she was obviously disgusted and said she wished I had recorded the conversation so we could play it back for our son in case he ever had any more questions about his "first dad."

I offered to get the $20k out of my 401k and have this asshole out of our lives forever. Wife wants us to talk to an attorney tomorrow and have him declared incompetent as a parents so we can swoop in and I can adopt him without his consent of giving up parent rights. We discussed skipping the legal process all together and just telling our son know what his biological father really thought about him (a meal ticket, basically) but I think it's important I'm the legal full parent in case anything (god forbid) happened to my wife, I really don't want this guy to have a claim to getting custody of him (not that he would want it but I just don't want him asking for money for that instead).

How complicated would having him declared incompetent as a parent be? How easy would it be for an attorney to do this? How long of a process would it be? Could we do it without an attorney?

Answer:
 DO NOT DO PAY HIM.

Under NC adoption law, adoptive parents are not allowed to pay the birth parents anything -- that's one of the few situations where the birth parent can successfully petition to have the adoption undone.  AND, it's a crime to do so.

That rule actually protects you -- you can say "Sorry, I can't, because if I do, the adoption won't be any good."

Cite:  NCGS 48-10-102(a) Answer #2: >and just telling our son know what his biological father really thought about him (a meal ticket, basically)

Please don't do this to your son. He's 11, this information is too much for him to process right now. You don't have to give the guy excuses but the harsh truth can wait until he's old enough.

If you considered taking money out of your 401K to pay him off, a better investment for that money would be to hire an attorney.  Answer #3: He is not incompetent. He has abandoned the child and that is what you find under. It is not easy. Find a good attorney with experience. Plan to pay a fair amount of money. It will likely take a long time if he fights it. Again, good attorney with experience and a hard ass attitude


Title: Ex-employer demanding access to my personal email, iCloud, and google drive. (USA, WV)

Question: I was employed (as a manager) with a non-profit for 7 months. Upon starting I was provided with no guidelines, handbook, or training. I was given an iPhone and had access to an iMac at the office to use. I was denied access to the manager email and iCloud so I was forced to use my own personal accounts. I did not do any correspondence with customers via email. I only used it with the board of directors. The iMac I had access to also didn't have and office programs so I used google docs, sheets, drive for that. I was terminated shortly after telling them I was pregnant but that's another issue entirely. Upon termination, June 27th, I printed all files off of my drive and put them in the filing cabinet in the office. I cleared the phone and the mac of all personal information and disconnected them from my cloud account. I waited a week before permanently deleting the files from my drive just incase they lost something or needed another copy. Today, July 12th, I received a certified letter demanding any and all digital files I have and access to my iCloud and google drive account. Obviously I do not have any files and there aren't any left on my drives. They are withholding my severance check until I give them what they want. I don't really know how to proceed seeing as I have nothing to give them and they have hard copies of everything I ever had during my employment with them.

Answer:
 Respond with:

"Upon termination, June 27th, I was informed, "A week's severance pay will be given to you when you return all (company name) property in your possession." I returned all company property on (date). I also have deleted all company information from my online accounts. I have no other company property or information in my possession.

I look forward to prompt receipt of the promised severance."


Title: [USA] If someone was writing a science fiction novel, and wanted to derive a fictional technology from real-world research papers, could the writer cite the actual paper to give the researchers explicit credit for the inspiration? If so, how would one cite real inspirations for fictional things?

Question: For example, if I wanted to include a specific method of deuterium nuclear fusion based on a design someone already wrote about, could I somehow cite the paper with the original design? If so, how would a fiction writer cite real-world sources for concepts?

Answer: I mean this isn't a legal question. But a lot of books especially sci-fi books have acknowledgments at the end and I have seen them talk about papers or scientists that inspired them.


Title: what if you are caught by hidden camera for "cottaging" in public shower or washrooms?

Question:
hello, I wanted to know if there is any legal implications for both parties here.

I don't know if you are aware of this, but sometimes men who sleep with other men

will "cottage"  or "cruise" either in public washrooms, or public showers at gym.

From what I understand this is illegal in most countries. I live in Canada.

However, I also understand that this is somewhat tolerated and sometimes police just tell everyone to leave

and no charges are usually pressed \(in washrooms and parks for example\)

however... what happens if lets say you are in a gym shower or washroom \(excluding parks\)... and a voyeur films you

without your consent with a hidden camera of you sending sexual signals to another consenting individual/individuals

who are also cottaging? I would imagine this is illegal for the person who is putting the hidden camera would be charged

with voyeurism. But what they be immune from charges because they caught other people doing something illegal

as in "cottaging"?

I am asking as someone who occasionally cottages... recently I've been getting kinda paranoid because I read that in starbucks police found a hidden camera in the washrooms and are investigating.

Answer:
 If someone else is doing something illegal it doesn't absolve you of your own criminal liability.

Stop doing illegal things if you don't want to get arrested.Answer #2: Your question is almost charmingly dated; nobody calls it cottaging or tea-rooming anymore.

But, if you do want to have anonymous sex with other men, it is probably legal to do that at private bathhouse style clubs. You can also arrange meetings using apples like scruff or Grindr. Hope that helps.


Title: Former employer withholding company stock information

Question:
Long story short I used to work for a small startup company based out of Utah.  As a condition of employment, I was given a small percentage of ownership of the company.  They fell on hard times and were unable to consistently keep up with payroll.  As a result, some of use were forced to find other means of employment with a more steady income stream - myself being one of them.  They have since caught us all up on outstanding payroll. It has been almost a year later and each time we bring up the subject to them they are "trying to get the paperwork together for it".  We think they are jerking us around and have no intentions of fulfilling this obligation.  As far as I can tell, the company isn't worth anything of real value, but I was hoping somebody here could give me some advice on any options or legal recourse I have.  Especially if they end up becoming successful and obtain a higher net worth.  I was one of the original engineers of the company and I put a lot of effort into trying to build a better product.  I didn't wan't to leave but needed to for financial reasons.  Things that I can confirm right now:

 - The percentage is noted in a contract that was signed by the legal members of the company and myself that states the amount
- -We have looked through the contract several times and were not able to find any vestment period listed or any forfeiture clause on leaving the company
-  * This is speculation, but we have heard that they are going to completely dissolve the company to restructure under a different name and by doing so would negate the previous contract terms.

Please let me know if there is anything I may have left out.  Thanks for your input!

Answer:
 >They fell on hard times and were unable to consistently keep up with payroll.

Do they still owe you wages? If so, you should file a wage claim.

The stock is probably worthless or close to it. Unless the company is going public, the stock has essentially no value. Answer #2: I am not a lawyer, but I am a minority shareholder in a profitable business currently fighting to get my share.

I have bad news for you. If they really want to get out of owing you anything, they will probably succeed.

Being a minority shareholder of a smaller company sucks.

Depending on where you're located, your state might have some shareholder oppression laws that you could sue over. It will cost you a lot of money to do it and, depending on how the company is structured, may still not work out.

Your best bet is probably to follow this order of operations:

1. Pretend to be their best friend and do whatever you can to sell your shares back. Do it over beers. Give them a discount on your shares. Whatever you have to do to get what you can and sever the relationship so you can move on with your life.

2. Wait for them to do something that undeniably qualifies as shareholder oppression, get as many of your colleagues together who own equity/stock as possible, and hire a lawyer together to sue them.

3. Avoid #2 at all costs.


Title: Can my employer deny my PTO during holidays because I am a woman without kids?

Question: I’m having my PTO retroactively denied by my new approver because the other people in my division have ‘other obligations’ or ‘family obligations’ by which they mean children. She also assumed that, because of my age and the fact that I’m living independently, I don’t have a good relationship with my family, and there for wouldn’t have day of holiday plans. My PTO was approved by a previous supervisor verbally in August, but our company is since going though a restructure, meaning I now have a separate person approving my PTO. The new Approver stated the above, also ignoring my previous agreement with my past supervisor. I tried to work a schedule out with the only male in my division who doesn’t have kids, as I thought that we could compromise, but they denied me on the fact that he has “previous engagements” but has not asked for specific days. Is this discrimination and do I have recourse?

Answer:
 > Is this discrimination

It is, but most of it is legal. If you are being discriminated against because you are a woman, federal law does not allow that, and if because you are single, then Washington does not allow that, and you can [report it](https://www.hum.wa.gov/employment).


Title: My work (a minimum wage, entry level job) wants to see my grades.

Question:
*I had already posted this at r/work but I was reccomended to get more/better answers here, so thank you in advance to anyone who might help*

They recently asked all employees that are in school to send screenshots/pictures of their grades. They gave the reason that school comes first and that we don't need to put work hours before having good grades. (Also this was not a prerequisite for being hired, they randomly asked to see everyones grades.)

Which I agree with, but what if someone refuses? I'm not sure if they are allowed in the first place to require grades. But if someone refuses, are they legally allowed to cut your hours or even fire you? And if youre grades are bad, is it their legal place/responsibility to limit your hours? And ofc is it legal in the first place to demand school grades?

The state is Tennessee, but I can't get any general information. I tried googling it but I only get info related to grades for real jobs, like jobs you need degrees or diplomas for. Any info or pointing me in the right direction to find out for myself is very much appreciated.

Answer:
 > what if someone refuses?

They can be fired or have hours cut.

> I'm not sure if they are allowed in the first place to require grades.

They are

> But if someone refuses, are they legally allowed to cut your hours or even fire you?

Again, yes

> And if youre grades are bad, is it their legal place/responsibility to limit your hours?

Responsibility?  No.  Can they do it legally? Yes

> And ofc is it legal in the first place to demand school grades?

Again, yes

Welcome to at will employment, your recourse is to try and unionize or quit.Answer #2: You can be fired for refusing


Title: Fishing "neighborhood ponds" and who owns the pond

Question: I've been fishing a pond in the middle of a neighborhood in SC where there are only about 4 or 5 houses and a lot of empty lots. Last time I went an older resident came down and questioned what I was doing and said I wasn't allowed to fish, but let me do it just that one time. So who actually owns these kind of ponds and has authority to say who can fish or who can't? I doubt there is a home owners association due to it only having a few houses and being fairly new with empty lots. I assume that if there are no "no trespassing" signs or signs saying "no fishing" I'm free to fish. If I refused to leave and the cops where called would I be arrested for trespassing, even though there are no signs and no individuals in the neighborhood actually own the pond? I would obviously ask for permission in the future or just fish somewhere else. I'm just curious on the actual law of who owns the land I'm fishing on and if I have a right to fish there. I also want to know what to tell a homeowner or cop if I actually do have the right to fish there

Answer:
 The property records and plats are public records, and you can go down to city hall or the county recorder's office and get copies to look through. You should be able to figure out from that who owns the pond. It may be that one of the lot owners owns the pond. It may be that a HOA owns the pond. It may be that the pond is public land, but it's surrounded on all sides by private property - you don't have an unchallengeable right to cross private property, even if your destination is on public land.

If it's on private property, and you've been told to leave by someone suitably authorized by the owner of the property (and you really have no way of knowing if someone is or is not authorized to kick you out), then you either leave, or risk trespassing charges. If someone tells you to get gone, get gone.


Title: Parents spent my money

Question:
(Not sure if correct flair) 18, UK here and I have a question.

So in the uk you can participate in the lottery from 16, I did and won £1500. My parents were able to get special terms as I was only 16 at the time and I was supposed to get the money on my 18th birthday. I’m 18 now and have just found out that they spent all of my money with no intentions to pay it back.
Topic:
Wills Trusts and Estates

Answer:
 /r/LegalAdviceUK will have more advice about the relevant issue

There's a good chance it may depends on the specific terms involved. If it was a trust for your benefit (or something along those lines), they may have been allowed to spend some/all of it for certain purposes


Title: Live out of my RV. I obey the posted signs and city ordinances on parking. Cops are constantly knocking on my door, threatening to arrest or tow if I don't move. Do I have to answer the door? Are they just threats?

Question:
I live out of my RV. I have no choice. Sometimes, I'll park and a few hours later, I'll have a knock on the door. The cops always have the same attitude, I'm the nuisance and the neighbors complain or they just have a personal problem with people living in their vehicles. I work, mind my own business, don't use the generator (I have solar), I don't dump anything ever and I move within 72 hrs. I don't park in front of houses or in suburbs or small /narrow streets. I'm just in a situation where I'm trying to work my way out of living. The cops are the only problem. I even have one officer who keeps harrasing me and shouting at me through my RV. It's gotten to the point where I dont answer the door anymore. They threaten to tow all the time and are very rude.
Topic:
Traffic and Parking

Answer:
 IANAL. Threats the police make aren't ones to ignore. You can't just hope they go away. If they know you're inside and won't answer there's no telling how they will respond. If they are there on a valid complaint and you refuse to answer they are often in their legal right to force entry, which will result in very costly damage to your RV, and usually the city will not pay for damage done during a lawful enforcement.

If there is an officer you feel is harassing you that is something you can file a complaint with his department.

You should really triple check that you're in the right, as others have pointed out you may be fine PARKING, but sleeping is another matter. See if there are any private lots you can use, it's a stretch in a big city, but I for one would welcome a sort of on site over night set of eyes at my businesses if it was just in exchange for a place to park...

Also, if you do end up getting towed they can't tow your vehicle with you in it, that doesn't mean they won't tow it, they will wait for you to leave it or come in and remove you - again, that will cause damage.

Answer #2: /r/vandwellers might have suggestions for you. But it is illegal to sleep in your vehicle in San Francisco, so you can expect cops to harass you over it.


Title: How can I file my own taxes?

Question:
 I’m new to paying taxes and I’d like to file my wn taxes instead of going to an Accountat because they’re expensive...

I understand that I can get the tax forms online and fill them in. But after that whom should I give these papers to?

I have no one to help me in real life and I really need to do it soon.

I live outside of the US.
Topic:
Tax Law

Answer: If you can't figure that out by googling, you probably need someone to do it for you.


Title: Rental Car Company claiming "significant" damage, 3 days after I returned the vehicle and did a clean walk around. How do I proceed?

Question:
Hello,

I rented a car from Avis, in downtown Baltimore, drove it straight to Newark, NJ. I had the car for a total of a few hours and drove it without incident. After I returned the car, the rental agent did a walk around with me, which was also without incident - gave me a receipt and sent me on my way.

3 days later, I got a phone call from someone at Avis in Newark saying that there was "significant" body damage to the car and that a claim will be started. It is absolutely impossible that damage occurred to the car during my rental so I disputed it. I stated that if the damage is so significant, how could they have me go on my way and then call me 3 days later. How do I know what happened to the car in those 3 days? The Avis representative stated that he was just telling me that a claim will be started and Avis will be looking into it and may or may not reach out to me.

3 weeks went by and Avis never reached out to me so I figured it was resolved somehow. Today, I got a call from the 3rd party that handles Avis's claims billing and told me that I was responsible for roughly $1000 of damages to the car. I told them the story and how Avis never even reached out to me. So they sent me the documentation but I firmly disputed it again.

So as of now, they have said that since they're a third party, all they can do is get back to Avis with my comments & that I'm refusing to pay.

How can this be dealt with? I am 100% certain that I did not hit the car anywhere even slightly, let alone to cause "significant" body damage.

Answer:
 Go to the forums at elliott.org.  They have instructions for escalating.

In general, really good idea to take pictures of a rental car at time of pickup and at time of return.Answer #2: Auto insurance adjuster here:
They probably already filed the claim with your insurance. Contact your insurance company and tell them that you were sent a bill. Let your insurance company handle it, that's what you pay them for. Your insurance company will ask you what happened and tell them exactly what you posted here. Your insurance company will likely deny their claim and that's it. Third party companies that work for rental companies are notorious for this. They send bills to everyone involved in the claim hoping someone will pay it. Believe it or not clerical errors of businesses paying things they don't owe happen all the time. It's Avis's burden of proof that the damage occurred while you were the renter of the vehicle. If what you said was all true then they can't prove that you returned the car with damage since they waited 3 days to call you. Answer #3: You have your copy of the return receipt, signed by their agent, that shows it in non-damaged condition, right?Answer #4: Pro tip for future renters:

At pickup and drop off take 5 pictures of your car. Front, both sides, back, and a picture of the entire car with the rental office, signs, lot, etc etc in the picture/background. If you want to have more documentation, enable geo-tagging on the pictures.