Title: sold an item. it got lost. i refunded. threatened legal action.

Question:
i am in NY.

i sold event tickets to an individual.  they were lost in the mail.  within 10 days of not receiving the tickets i promptly refunded 100% of his money on paypal.

he is threatening to sue under the "consumer protection act" saying he was forced to purchase the same tickets at a higher price and i owe him the difference.

is this even something you can sue for?  or is this an intimidation shakedown?

Answer:
 Shakedown.

And always send with confirmation or return receipt anything sent through USPS that cannot be resent!Answer #2: How do you know the tickets got lost in the mail?


Title: Siblings trying to prevent me from seeing my mom. (GA)

Question:
I was my parents family caregiver for the past few years and my dad recently passed away. I stepped away after siblings started to attack me and returned to work (I went out on leave to take care of them). The family had to hire over $4000 a month in home care and after 2 months of that he ended up in a nursing home unable to walk. I still was the one taking him to doctor appointments and visiting him at the nursing home

My siblings are now threatening to sue me for manipulation of my mother even though they have my mother turned completely against me. They are trying to make sure I have no rights to see my mom. The siblings that are giving me the most issues are the ones that live out of state that have no idea what's actually going on.

Under my siblings care, my mom has had to go to the er for a fracture and multiple infections. One of her falls they let her go to bed bleeding and didn't take her to the hospital until the next morning.

Should I get a lawyer?

Answer:
 Well it sounds like they're not properly caring for her despite her status as an elderly individual, so neglect.

You can report Elder abuse here [https://aging.georgia.gov/report-elder-abuse](https://aging.georgia.gov/report-elder-abuse) **1-866-552-4464** and explain the situation to them so they can perform an investigation, in regards to the lawsuit I don't exactly see what they're going to sue you for in this particular instance, if you could clarify the threat that'd be great, or is it literally just manipulating her, and if so to do what, the what here being the big deal.


Title: Kansas - Police officers entering house without warning

Question:
So the story goes... We went to a friend’s house that we had permission to be at. Everyone is between ages 18-20. Six people where there total but only three were drinking, me and two other friends. We had just started drinking so we only had a few each and we had a cooler of beer but it was just the three of ours who were drinking. We had all the lights off and we’re just sitting at the kitchen table talking amongst each other, no music or anything. Nothing loud enough to be heard from outside. After about 20 minutes of being there, officers showed up and without knocking or announcing their presence, they entered the house. They just simply walked in and shuffled us into a single room. They asked a few question about how old we were and if we’ve been drinking which of course we were honest with them and said yes. Then they administered a breathalyzer test on all of us and no one was over a .07. They then asked whose beer was in the cooler and the three of us who have been drinking stated that it was all three of ours the officers then went outside to talk about out what they’re going to do. They came back in and confiscated the cooler with the beer and had us call someone for a ride. They told us we should be receiving something in the mail shortly. It has since been 6 weeks today with nothing.  We assume the charges will be Miller/mic.

Was what happened even legal of the officers?
What should we expect to happen or what do we need to do?
Topic:
Alcohol Related Other than DUI

Answer:
 I wonder what the other side of this story is?

Because cops don't show up to a house where no one is making any noise and all the lights are off, barge in for no reason, and start asking people why they're drinking.

You need a lawyer.  When you talk to this lawyer, be 100% honest with them and don't give them the above story as the gospel because it almost assuredly is not.


Title: Newly renovated rental home caused anaphylaxis

Question:
Needed to move cross country for a job. (Texas to Washington)

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May 21: (In Washington) Toured the house, it was originally built in the 1950’s but had undergone major construction (new pipes, paint, etc.) It was still under minor construction upon touring. Mainly outside/patio but signs of construction were still evident inside the home (paint buckets, tools lying around, dust, etc) We were told construction would end inside before June 15th. Submitted application.

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May 27th: (Back in Texas) Application was approved. Signed lease online. Paid first months, last months and deposit. Lease stated free house cleaning every month as the landlord’s partner owns a cleaning business run from a second building at the back of the property.

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June 15th: Official move in date. I still had projects to complete in Texas that delayed move for a few weeks.

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June 28th: After a grueling 5 day long drive, we make it to the new home in Washington around 9pm to find construction dust still lining the walls and counter tops. Pieces of wood chips and debris were all over the floor and exposed wire sticking out from under the walls in the living room. A few electrical outlets were missing the cover and the most disturbing of it all was wet clothes in the washer. Oh, and a random half drunk drink in the fridge. All the painting/construction supplies had been moved to the patio which was an eye sore as we fully intended to spend time in the patio this Summer.

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Upon being there the first 10 minutes my wife began to feel itchy, broke out in hives and had trouble breathing. Within the next few minutes after that her throat began to swell. We left and checked into a hotel.

We moved into the house nearly two weeks AFTER the official move in date, but it was still in this condition.

I have since messaged the landlord with no response so far. What can be done about this?
Topic:
Landlord Tenant Housing

Answer:
 What is your goal? Are you trying to be let out of the lease, have rent pro-rated, be compensated for the hotel room, etc?

Was your wife evaluated for the anaphylaxis? Do you have (or can get) medical documentation of the reaction? Does your wife have a documented history of allergies?

IANAL but I am an Allergy/Immunology NP. If your wife wasn’t evaluated by a medical professional, you will be at the mercy of the compassion of the landlord to believe (or perhaps more accurately - to *acknowledge* they believe) a reaction even happened. Without documentation it is your word only.

On the plus side, if it self-resolved without medical intervention then it was unlikely true anaphylaxis. Even Benadryl can’t halt true anaphylaxis.

I don’t know how you could definitively prove the house triggered the symptoms unless your wife has documented allergies to things present on that day. There is correlation, but it could be argued that a bee sting could be as likely the causation.


Title: My brother is abusing our dogs.

Question:
I honestly have no idea if this is the right subreddit, I can't think of any others. I don't have an excuse for bad formatting, I don't know how to do this right.

Alright so some info I was told to put it, I am 13 and my brother is 16. My brother is constantly hurting our dogs, as in hitting them, kicking them, squeezing them WAY too fucking tight, he's fingered our youngest dog. My brother is a borderline if not true psychopath and a sociopath, he is not a good person at all. I've told my mom multiple times that he hurts our dogs, but she just shrugged it off and stops responding to me or tells me to leave her alone. I want to do something about it, but I'm scared and I have no information on what one should do in a situation like this

Answer:
 Have you spoken to a school counselor? Or a trusted teacher or other adult about this?

Where is your dad in all of this?Answer #2: You can look for a police department in your region and a site for them with an email address/contact information on it and tell them what you said here and more.

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Is the fingering what I think it is?  What state you're in can affect how illegal that is (a few states don't make beastiality illegal).  This isn't something 'wait until dad gets come' can address because your mother will be combative re: enforcing the discipline because she doesn't want to address it.  Sexually abusive behaviour in adolescents can't really be fixed by parental discipline alone, he needs treatment that an enabling 'leave me alone' parent will not provide and about the only way to get that is to get onto legal services' radar.

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Sorry that you're having to handle all of this yourself.  If things go pearshaped when you report, keep reporting.


Title: Can I ban this crazy obsessive neighbor from my property?

Question:
Hey guys, so this might seem insane but I’m not sure what to do. I am in Smyrna, GA

One of my neighbors has become a serious issue for me, my family, and my other neighbors. He has some sort of mental illness and it’s beginning to encroach upon my life and the lives of others.

He has always been weird (showing up at my house at 1 am asking to mow my lawn, asking our other neighbor to shave his back for him, etc.) but lately he’s become aggressive, confrontational, and paranoid.

I have had three very well behaved cats living outside of my house for years and he has never had an issue. Suddenly he is insisting that they are “filling his yard with crap” and the smell is so bad “it’s all over the inside of his house” and is “making him projectile vomit”. First of all, that’s insane. Even if they were doing this that is not a realistic reaction. Second of all, he cannot prove it is my animals and every time I ask which one is doing it he points at a different cat and says “it’s that one!”.

I have offered to come clean his yard for him and to put down cat deterrents but he said he won’t allow that because it means “I am giving them permission to do this to him!”.

He has been beating on my door over and over again and being incredibly aggressive verbally toward me and my family about this. I have even placed a litter box (which they are actively using) outside which HE ASKED ME TO DO and he’s still freaking out.

There are loads of cats and other animals around here and I’ve literally seen a black and white cat that I do not own pooping In his yard but never have I seen my cats do it.

Now he has apparently gone to our other neighbor and told him he believes that I am training my animals to torment him. He demanded my parents phone numbers (I am a 30 year old man who owns this house and pays the bills even though my mother lived here DECADES ago and he knew her).

My neighbor didn’t give him the number but I guess he still had it from way back when and proceeded to CALL MY MOTHER and demand she make this stop.

Y’all, again I am 30 years old with two kids and my mother has no impact on my life outside of being my mother. That was the last straw. I’m playing with the idea of a restraining order.

What are my options here? Sorry but until he can prove it’s my animals getting rid of my pets is not even on the table.

Answer:
 Not legal advice, but good sense: you probably want to start keeping those cats inside. We don't want you to repost that "my mentally ill neighbor killed my cats for imagined offenses." Answer #2: Practical advice - You might try calling adult services and finding out whether his age or behavior makes him eligible for any kind of aid.

Perhaps they will visit and find out that his home is unsafe, or that he doesn't feed himself properly.  Maybe his behavior would improve with regular care.

In any event - **protect those cats of yours from his ire**.Answer #3: If he harasses you, call the police every time. See if you can get a no-contact/restraining order against him. It won't physically stop him from trespassing, but if he violates the order he will get incarcerated.


Title: Legal ways to look up social security numbers?

Question:
Say you work for a company in the USA and need to do credit checks in order to complete a sale happening in the USA. Also say the customer in the USA won't give you their SSN and you call your boss in the USA and he says go ahead, he'll take care of it. The boss then calls you from the USA with his social just from his basic info, like his USA address. In the USA is it legal to get this info without the customers consent?

Location added due to the request of u/sabnitron

Answer:
 Can you run a soft credit check without consent? Yes.

Can you run a hard credit check without consent? No


Title: How do I go about adjusting my child support payments? (IL)

Question: I am in Illinois and have a child support garnishment that was set up in January of 2017. Since then I have both had a salary increase and an increase in medical insurance cost (had to get this for my child as well). This has affected what I should be paying by $32 pre check (towards the kid). How do I go about getting this corrected? I keep seeing stuff online that they won't allow corrections for 3 years. Which seems odd as I should be paying more in. Does it even matter? Do they look at earning and calulate against what was paid? I'm sorry if this is too many questions. They really need to make a manual for this.

Answer:
 No idea on your actual answer but good on you for trying to do the right thing!Answer #2: Contact child support enforcement in Illinois and ask them if it is possible to have your child support recalculated because you wish to pay more.

If your concern is simply that your raise in pay means that your child should receive more money, feel free to go ahead and give that to your ex in cash because you are already being properly credited for the amount being removed from your paycheck.

The time limit on recalculating is to prevent people from taking fewer hours or jobs with less pay immediately after finding out how much their child support will be.

This does not usually apply to volunteering to pay more.


Title: I got summoned to court on the day it was closed!

Question:
I got summoned to court for driving without a license. The cop scheduled it today on a Saturday at 9 am in Toronto. I live 2 hours away and didn't even think that the court will be closed as it is the weekend. I got there and the whole place was closed, not a single soul to talk to. My brother and I didn't know what else to do, all we have proof of is the parking ticket I paid for.

What should I do now to obtain my license back? Is it my responsibility to schedule another court date? Sorry this is the first time this ever happened to me, I just wanted to resolve the case and the cop issued a court date on the day the court is closed! Is it normal for them to do that? Please help!

Answer:
 take a picture showing that you showed up. Make sure you are in the photo of you standing by the courthouse. With a timestamp in the photo!Answer #2: This seems unlikely. Police in Ontario do not generally issue summons for minor traffic infractions with a specific court date and time.

Generally you have three options when charged with a provincial offence (like traffic tickets).

1)Sign the back pleading guilty and pay the set fine.

2) Schedule an a appearance in court to plead guilty with an explanation in an attempt to get the fine reduced.

3) Plead not guilty.

Options 2 & 3 require you to attend the courthouse in person to file your plea. If you go to trial, the court will mail you the date and time.

Perhaps the date and time was the deadline to file your plea?Answer #3: I feel your pain. I once got a ticket with the court address on it. I went, and the courthouse had moved across town. By the time I got to the new location I had missed my court date. I ended up spending 10 days in jail for failure to appear. (this was in Tennessee, USA)Answer #4: Does the ticket not show the hours along with the address?

I'm pretty sure a ticket here shows the hours and days of operation. Answer #5: Happened to me once. It was a speeding ticket and I was going to ask the judge to reduce or throw it out. There was a bunch of people there but no judge just a clerk. They got the date messed up for probably 50 people. Luckily I saw a cop there I knew and he took care of it for me.


Title: My mother’s ex bf is threatening to spread explicit pictures of her if she pursues legal action (CA)

Question:
My mother had a relationship with a man full of physical, verbal, emotional, and sexual abuse. He manipulated her into buying him food and clothes while he would have sex with prostitutes behind her back. At various times it got physically violent and he has threatened to kill her multiple times, often times with a knife up to her neck. My mother also notes that he has pictures on his phone where she’s unconscious and doesnt remember what happened.

She was finally able to leave him but wants to pursue legal action for what he’s done. Unfortunately, the man has done this to other women before and is familiar with police action. He told her that if he starts getting questioned by authorities, he’s going to spread every video and image he has of her to everyone she knows. And if he cant, he has people that will do it for him.

He has an ex living out of the US that has already uploaded youtube videos including audio of their arguments and screenshots of their texts. She hates my mom and wants to make her life hell. Because of her, now all our family nows about the situation. I would like to know if legal consequences can be applied to her as well for partaking in this.

Its really risky opening a case because, as I mentioned, he’s going to proceed as soon as he notices whats happening and possibly get rid of any evidence. We don’t have any evidence of the abuse either minus text messages since it happened around a year ago.

My mother is traumatized by what he’s done and can’t cope by the fact that he can actually get away with this. If there’s anything that can be done, we’d like to know because he doesn’t deserve to be free.

Answer:
 California has revenge porn laws, which this certainly falls under. The fact that he took videos and photos with her knowledge are another issue. He's facing a misdemeanour,  up to 6 months in jail and up to $1000 fine.

A police officer can make a simple phone call to inform him of this. If he distributes them after he is warned, he will be charged.

It depends on how extensively he posts them, but unless your mother is famous, the likelihood of anyone you know seeing these are very very low. If he does post them to the point where he sends them to everyone she knows, he's in for a world of hurt, legally speaking. Once again, a police officer can "explain this" to him.

That's the law on this matter. On top of the revenge porn, it's possible there could be other charges including extortion, uttering threats, harassment,  etc. He'll figure out pretty quickly how bad this will turn out for him.


Title: Accused of harassment via Facebook. Officer keeps calling and leaving voicemails.

Question:
Hi, last week I received a call from our local police department stating that someone had reported that I was harassing them via Facebook. It turns out to be my old neighbor.

I missed the call from the officer but quickly called back. We had a reasonable conversation about this woman - someone who has filed two false reports against me in the past, even one to Child Protective Services alleging "lack of supervision" which ended up being "unfounded." This woman has also called the police last year and reported an underage drinking party. I allowed the police to look around my two car garage because I guess she claimed that there were teenage boys hiding in there. Using flashlights, they found nothing.

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This officer says that this woman claims that I am harassing her work online by posting or messaging somewhere. I told him that I don't know where she works and asked him if he could tell me where on Facebook so that I could take a look. He wouldn't tell me what I supposedly said nor would he tell me where she works. He says that the post came from my Facebook account.

About an hour or so later, the same officer calls my phone again, left a voicemail stating that he had just 'one more question' or something he'd like me to clarify. At this point I was annoyed because I feel as though I've complied and that I've been cooperative. I ignored it.

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Since then he has left me two more voicemails stating the same thing, that he has "just one more question" and then he can "close the case."

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I think it is entirely bogus for an officer to tell me that he's received a report that I'm harassing someone on Facebook but then refuses to tell me exactly what was said and -where- so that I can investigate. I looked through my Facebook messages and there's nothing.

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I am tired of being harassed by this woman "by proxy" if that makes sense and I'm not entire sure what my next step should be, if anything. I have not called him back because I feel that I have answered his questions. I feel like the one that is being harassed here and I'm beyond tired of it. I don't think about this woman nor would I stoop so low as to post something about her on social media in order to put her livelihood at risk.

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Just recently I was at a grocery store with a friend. She and her friend happened to be in the self-checkout at the same time. She was laughing obnoxiously and dramatically while I said nothing and just went about my business. She seems to think that filing false reports is a game.

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tl;dr - Woman made another false report about me, spoke to officer, officer now seems to want to talk on the phone again for "clarification" in order to "close the case." Officer has called three times and left a voicemail requesting this. I have not returned his call.

Answer:
 You're not obligated to return the call, or to make any statements at all.

And he's not obligated to just stop investigating because you aren't calling him back.

If you want him to stop calling, then you can talk to him and either tell him you have no intention of making a statement, or you can ask him what he wants, give him your side of it and almost certainly put the whole matter behind you if you've done nothing wrong.


Title: [UK] Girl lured me to her place, tried to stop me from leaving after trying to pressure me into sex. Says she will report me to the police for false rape claims. Help

Question:
Hi,

I stupidly agree'd to go to a school friends house. We were chilling in the hot tub talking about life when she came on to me. At first I responded but could not continue, I was not comfortable and could not do this.

When I tried to leave she kept trying to convince me to stay, altering from pleading to verbal abuse. She threw my clothes around the house and hid my phone. Then grabbed a hold of me and tried to stop me leaving, also tried to force the door shut.

I told a friend about it and said it felt basically like she was trying to rape me. She has since found out I said this and is going crazy claiming that it could cost her career and if she hears one more time that I said this, she will report me to the police for false rape claims.

Obviously I don't want anything to happen so I have pleaded with her not to do this and that I will sort it, but I am still terrified that she will. I have pictures of some of the marks she left me when she try to stop me from leaving and screenshots of the abusive messages I got when I did leave. She had also been drinking.

Do I have to worry about being prosecuted if she does go to the police?

Please help.

TL:DR: Girl tries to force me to have sex with her, wont let me leave, told friend felt like she was trying to rape me, girl finds out, threatening to report me to the police for rape claims.

Answer:
 /r/legaladviceuk

You cannot stop her from making a false report but you can prepare yourself for when she does. Stop contacting her in anyway and prepare any evidence you have that will credit your story.Answer #2: You didn't make false rape claims and you are over worried. You may get more relevant advice from r/legaladviceUK.Answer #3: Stop talking to her. Keep your evidence. You haven't filed anything with the police ergo she can't press charges against you. Filing something with the police yourself will cause a he-said, she-said situation. Trust me. If she lets it go, you should too. Hopefully this incident has scared her straight enough to make her learn her lesson.


Title: Speeding ticket (OH). When asked to see proof of radar speed, officer said it's not saved. Is this true?

Question:
I was pulled over for doing 68 in a 50, and asked the officer to see proof of the radar. He seemed a little nervous and said "Thats not saved", and then asked if I thought he was lying...

On the ticket he did write down the radar speed and some sort of code in the area for radar. If he doesn't have evidence of the clock is this something I could fight in court? The ticket is for $170. Would it even be worth fighting it after court fees? Also, if he actually DID have evidence of the clock and lied to me, is there anything that can be done there?

Any advice would be much appreciated. Thanks!
Topic:
Traffic and Parking

Answer: Cop here. Radar doesn't have to be saved, locked, or anything. We don't even need to use a radar (but I almost always do).


Title: My best friend murdered someone

Question:
Obviously this is an extremely complicated issue but I'll try to be concise.

My former best friend (we'll call him B) used to be best friends with a guy (call him A) who made his living by importing pounds of marijuana from Canada. My friend was one of his two "second-in-commands" (call the other guy C) and that was his sole means of income. Money issues came up in the organization, and A ended up vanishing off the face of the earth. All indications were that he did not skip town, he was killed. He disappeared in 2004 and has yet to be located.

B and I were friends before but going through an experience like that really bonds you to someone and we became best friends. The federal government charged B and C (and others) with distribution. B went with a plea deal (2 years) and C wanted a jury trial and lost it(11 years). During all of this legal hullabaloo I honestly believed that B had nothing to do with his friend's murder. Not anymore.

It turns out that B is a pathological narcissist (and possibly a socio or psychopath). After I found out I went through a VERY lengthy period of denial followed by depression and healing. When I had accepted that I started wondering if he had anything to do with A vanishing.

I went to PACER and local journalists to get the court transcripts from C and B's evidentiary/grand jury proceedings and discovery reports and transcripts from C's trial. They did A LOT to confirm what I suspected. It is my firm belief that B murdered A. It sounded like the ADA is on the same page as I am. He's federal though, and the homicide wouldn't be prosecuted as a federal crime I don't think. It's not just my prejudices either...he failed the polygraph they gave him. He was the only one to fail out of all the suspects.

I spoke to the missing man's mother and the new detectives assigned to the case. His mother really appreciated the info but I'm not sure the detectives really took what I had to say to heart. They said they hadn't even read through all the 13,000 pages of documents yet. They've been assigned to the case since 2013. I went through all of that in less than two weeks. I'm not sure if they think there isn't enough evidence to prosecute of if they don't understand how psychopaths' minds work or if they wrote me off as "just jealous/pissed off/full of shit/stupid" or what.

I AM pissed off and I feel guilty and stupid for giving trust and comfort to this awful person and I want to do my best to make it right. Where do I go from here? Do I hire a P.I. to talk to the other people involved in the drug case? (they only prosecuted on the drug charges, they never charged anyone with a wrongful death) Should I write up a report with the evidence behind my reasoning? Should I take that to a criminal psychologist and find out if I'm even on the right path? How would I go about doing it? Should I give that to the detectives? Or hire a lawyer? I really want to do anything and everything I can. I feel so terrible about this, I want to do anything I can do to help.

The disappearance/murder took place in Wisconsin, I'm unsure if they have any physical evidence, all the key players involved are gigantic liars, and after reading through the transcripts I think I might know where the body is, but it's like a ten mile square area. B and C "went to stay with their mothers" right smack after A went missing (and I mean like THE NEXT DAY) and the mothers live in forested towns 8 miles apart. Should I be inquiring about using K-9 units? I really have no idea what else to do.

Answer: After reading this I went through denial, depression and anxiety but no healing. Why do you care? You are not Batman. If you have evidence of a crime report it to the police. If you think that you are the only one brilliant enough to piece the real story together from these two court transcripts then you are sadly mistake. I promise you the lead detective has thought extensively about what really happened to the missing guy. Nothing in those transcripts is going to help anything because they already know it. Get some therapy, get a life and move on.


Title: I (not 55+) want to live in a senior rental. Is this legal?

Question:
This is in California.

Backstory: I used up all my savings due to an emergency surgery earlier this year (yay! American healthcare) and shortly after had a bad breakup with my ex and had to find a new place. I had a low paying job going nowhere.

I found a new job that is better pay and is closer to my mom. Thing is, rent is way expensive and more than what I can afford right now. I’d like to get my own place so my mom can visit few times a month. It’s been a few years since I’ve had the chance to see her regularly.

Is it illegal to have my mom (she is 62 years old) to co-sign my lease under the pretense that she will be living with me? She will be visiting fairly frequently but will not be living with me.

Answer:
 It sounds like you are asking whether fraud is illegal.

Fraud is illegal. Answer #2: Technically that's fraud. 55+ accommodations typically only allow people under 55 if they are the senior's caretaker.


Title: [CA] Is it illegal to falsely report marriage fraud to immigration authorities?

Question:
Situation: American falsely reports that his marriage was fraudulent in order to block spouse from getting a permanent green card.

Is this illegal? How would one go about do anything about it? Are there any resources for this situation?

Answer:
 Making false statements to the federal government is illegal, and it's also illegal to engage in a marriage with the intent to commit immigration fraud.

Resources?  An immigration attorney.Answer #2: It is completely illegal to claim marriage fraud to the US government when no fraud was committed and the marriage was good faith. That's called lying to a US government official and can cause a ream of headaches.

The immigrant spouse can protest the decision and request an appeal. This calls for a qualified immigration lawyer.


Title: Custody court WI

Question:
Hello all,

This is originally from another subreddit so excuse the weird wording

The reason for this post is that at some point I will be taken to custody court. I do not want to get into a crazy amount of details about my situation, but until June I make quite a bit more than my child's mother (she's still in school). You may feel free to ask anything you'd like in the comments/share with anyone who may have more knowledge regarding my question.

What I would like to know is if you have any advice to increase my chances of having 50/50 custody and/or cutting down on potential child support payments? I do have an ace up my sleeve, but I'd like to keep that a secret until I absolutely need it. Thanks in advance

Answer: You should hire a lawyer and plan a strategy. Any “ace up your sleeve” should be discussed with them. Slinging mud is not going to endear you to the judge.


Title: [Hypothetical] [US] If someone invents a new technology that would make an old technology obsolete, and they own a company which produces the old technology, would they be allowed to sell that (old technology) company without disclosing the existence of the new technology?

Question: Say a hypothetical J.D. Rockefeller (H.J.D. Rockefeller) owns a whaling ship business, which consists of the hypothetical S.S. Boaty McBoatface (H.S.S. Boaty McBoatface), used to hunt whales for their whale oil, which is used as a fuel source for lamps.  H.J.D. Rockefeller has just discovered that he can refine petroleum to make kerosene, which can also be used as a fuel source for lamps.  Due to its much cheaper costs, he knows that kerosene will completely replace whale oil as a lamp fuel and as a result render all whaling ships virtually worthless.  H.J.D Rockefeller therefore decides to sell the H.S.S. Boaty McBoatface to a hypothetical Captain Ahab (Capt. H. Ahab) before he announces his kerosene discovery.  Would H.J.D. Rockefeller be required to disclose his kerosene discovery to Capt. H. Ahab during the sale?  Would Capt. H. Ahab be able to turn around and (successfully) sue H.J.D. Rockefeller after he announces his kerosene discovery for withholding material information?

Answer:
 If we're talking about a publicly traded company and how this whole sale goes, it *might* be considered a form of insider trading.Answer #2: No, hard assets (like boats) are not subject to securities law.

Even if he's selling shares of McBoatface Industries Inc, that is not insider trading unless he learned of whaling's demise *from an insider*.


Title: Wedding CD soundtrack - Copyright laws?

Question:
My fiance and I were thinking of handing out a CD of some of the songs that were played at the wedding.  Is there a chance that this could backfire and lead to a lawsuit of some kind? Should we not proceed?  The CDs would have music from some of your typical artists that can be heard in the radio. About 200 people will be attending.

EDIT: this is in California.

Answer:
 > Is there a chance that this could backfire and lead to a lawsuit of some kind?

Yes, that's a form of copyright infringement.


Title: Would like to adopt my wife's daughter

Question:
I've been helping my wife raise my daughter since she was 6 months old. She's 12 now. Her bio dad was basically out of the picture from the time I came around. He was borderline abusive when she was a baby so my wife didn't trust him alone with her.

She agreed to supervised visitation for a while until she could trust him again but he refused and always demanded crazy shit like being able to take her to Vegas with him for a weekend. He joined the military and came back and started back up again. Only now she was two and had no idea who he was. He took my wife to court and then never showed. He did so again a year or so later and the judge ordered mediation. He never showed. For the last 8 years or so, we haven't so much as heard a peep from him.

My question is: what rights do I have, if any? He owed child support for years but started paying more or less consistently for the last couple years. He still owes several thousand dollars.

I'm ready to challenge his parental rights should he try to fight the adoption. Are my chances of winning good? How to I begin the process?

Answer:
 You may not need to challenge anything. find his location and have a sit down with him. If he's willing to sign off on the adoption then you're good.

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Prior to the speaking with him, find a family lawyer and have talk about the process.

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He has been attempting to make payments, so he may or may not have straightened his life out. Part of that process may or may not include maturing enough to realize his daughter would be better served with the adoption. You can work out visitation or contact rules from there.

I about guarantee you, if you walk into this confrontational, you'll get a confrontation. If you walk into this with a level head and keep a level head, who knows.

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Basically you need to have the other parent be deceased, prove abandonment (through court) or have him sign off on the adoption. Abandonment isn't impossible, easiest route though is sit down conversation.

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(did someone break the bot?) You location will help get more specific info.. state would be good enough.


Title: Can you be drug tested after being taken off of Virginia's color code system?

Question: [deleted]

Answer:
 Your boyfriend sure sounds like a keeper.

Probation means he can be drug tested at any time.Answer #2: If he's on probation, he can be drug tested at any time.


Title: [PA] I believe, with 100% certainty, that my employer is in violation of the FLSA with regards to properly paying overtime. I need advice on my rights and responsibilities.

Question: Removed for reasons. Sorry everyone, and thank you for you help.

Answer: If you're uncomfortable with the situation report it to DOL. Be prepared for reprisal.


Title: Assaulted while on duty by family, want to know what my options are [New York]

Question:
*Background before incident*
I have had no contact with my mother since March after discovering drug use and after she refinanced the house and has been using the money to buy drugs. I confront her and tell her if she doesn't get clean I will tell her job and her union boss about what is going on. After doing so I am forced out of the house. No contact since.

Now current day, I am EMS and I bring a patient in to the hospital and she notices me since she works there and approaches me, she wants to hug me but I make a gesture of not touching me with my arms out in a placating motion, and trys to talk to me and find out how I am doing. I give her very general answers as to not give her much but to also not get her angry and cause a scene. She asks me to see her before I go, to which I do not want to but I say "Alright"

As soon as I am done with giving report to the nursing staff at the hospital, I leave straight for my ambulance and she follows me out telling me she wants to talk to me, I tell her she has huge gaps in her memory from drug use and that she kicked me out and I need to be left alone, as I walk away from her she tell me "Get back here!" And I tell her "No." And try to put my stretcher back in the ambulance, then she walks aggressively towards me and I put my right arm up sideways to brace and she hits me across my face with her right hand (Can't remember if its was closed or opened) and I push away from her and put my arms up to defend myself and back up, she falls back into a trash can and lands on her back. I offer to help her up, she gets up on her own and tells a nearby police officer to arrest me. I place my hands immediately behind my back to not show any resistance and am escorted to the ems room and I am held and give my story to the police and a domestic report is made since she did not want to press charges.

I am currently in paramedic school and would like to go in the state troopers. I'm sure I will have to report this and everything else, and that's fine but what should I do from here if she decides to change her mind and press charges in future? I have no money for a lawyer to be on retainer...

Answer:
 >and would like to go in the state troopers.

You should likely talk to a lawyer before trying to press this matter further.  From your own description it's hard to tell who was assaulted.

>but what should I do from here if she decides to change her mind and press charges in future?

She doesn't get to decide to press charges.  She probably could go back to the police and let them know she would like to file a complaint as to your conduct.  If that occurs you'll need to retain an attorney.


Title: Boss let me go unfairly?

Question:
Today my boss called and told me business is really slow and he has to let me go. I saw it coming not a surprise but then I asked for my w2 and he said his accountant made a "mistake" so I was never on the books no pay stubs. He stop paying my Union benefits in November. I'm really losted on what to do. I was working there for almost 3 years to my acknowledgement I was on the books for the last year.

Edit : he told he will call in a week to take care of me because he feels bad about the mistake

Edit 2 : i got a raise from $120 a day to $189 a day five days a week and he was paying me only $700 he said the rest was taken all out in taxes

Answer: Second calling your union. Also file for unemployment. As to taxes, was he taking them out of your paychecks? If he was deducting taxes, but now claims that you were being paid off the books, I would immediately report him to the IRS. If no taxes were taken off, you are going to be liable for paying them now. Your union likely offers a tax service/discount that you can use to figure all of this out.Answer #2: Contact your union rep


Title: [ID] Can a woman be fired from her job while she's on maternity leave, if she will be moving and won't be coming back to that job?

Question: Does anyone know if in the state of Idaho a woman on maternity leave can be fired if she found out she'll be relocating and will not be able to come back to the job? She still has 2 months of maternity leave left, and won't be moving until in a month and a half, but doesn't know if she's okay to give her employer heads up now, or if she should wait. She does need to keep the job until relocating because it provides medical insurance for her and the baby.

Answer:
 Once she provides that notice, they can terminate her[ healthcare benefits](https://webapps.dol.gov/elaws/whd/fmla/9b5.aspx). COBRA would still be an option

> She does need to keep the job until relocating because it provides medical insurance

If she's not already aware, she [may be liable](https://webapps.dol.gov/elaws/whd/fmla/8d4.aspx) for whatever her employer pays towards her premiums if she doesn't return to work for at least 30 days


Title: [Michigan] Job offer rescinded due to my criminal background. Do I have any recourse?

Question:
Throwaway for obvious reasons.

I was recently verbally offered a full-time position at a company. They said the offer would be extended in writing shortly.

On Friday, they called me back. They had found my mugshot and crime on the Michigan Department of Corrections website. They said "some people in our office would be uncomfortable with your background, so we are rescinding the offer." The crime I committed is criminal sexual conduct in the 4th degree (unwanted sexual touching on outside of clothing).

From everything I've read, the law only really protects people if they are part of a protected class and the criminal background is used as a proxy for racial or gender discrimination.

This is the second time an offer has been rescinded due to my background in the past couple months, and I imagine it will only get worse as time goes on. I just graduated from university and I'm incredibly desperate, even though I am a highly qualified candidate for entry level positions.

Thanks for your time!

Answer:
 >Under Michigan law, employers may not ask
an applicant about a misdemeanor arrest that
did not result in a conviction. Employers may
ask about felony or misdemeanor convictions
or felony arrests which did not result in a
conviction. Some employers are required to
conduct criminal history background checks on
potential hires. However, unless required by
law, it is a violation of Title VII of the US Civil
Rights Act for employers to have a blanket
policy of not hiring or accepting applications
from anyone with a criminal conviction.

They can't refuse to hire any/all criminals, but they can refuse to hire you.


Title: Just arrested and released for attempt to buy underage. Need advice.

Question:
Personal Info: Male, 19, sophomore in college, located in Alabama

About an hour ago I went to my towns local liquor store. I used a fake ID (I know I know I'm a dumbass but this ID has worked dozens of times before). I was put into handcuffs by the local police department and was told I was being detained but not arrested yet. They asked about the ID, where I got it from, how much was it, and was then asked to sign the back of the ID (which I did). The owner of the liquor store was called and she signed a warrant for my arrest for trespassing, which I was told by the officer it was "simply to cover her ass from the ABC board." I was then told by one of the officers that what will happen is that once the paperwork is processed I will then have to go to the city magistrates office and turn myself in. I was also told that my bond would likely be set at a little over $100. The officer told me that I would more than likely not be prosecuted by the DA because I am just a college student and it wasn't worth the time or the paperwork. The officer also told me that I could plead youthful offender and that no charges will be brought against me. The officer also told me that what most likely will happen is that it will show on my record for a year then be expunged. I was released by the officer and was given no paper work. What do I do now?

Answer: Get a lawyer and stop talking to the police without one.


Title: My friend is being wrongfully accused of sexual assault. The story is way too fishy. Any advice is greatly appreciated!!!

Question:
Hello Reddit,

Thank you for taking the time to read this. I'll keep this brief and i appreciate any advice on the matter. I understand this is a touchy subject and I'm not interested in defending my stance on this. I know he's innocent and she's a hoe. Those are facts.

So roughly 4 weeks after me and maybe 6 other people had a bit of a "party" my friend is being charged with sexual assault. I don't understand why it took her over 3 weeks to decide she was raped, and I truly believe she allowed that time frame for anyone who did remember what happened to forget. We ended up all completely dummied, but I was sober for the majority of the night. Anyways, I was the most sober out of anyone at the party and remember the two of them leaving the basement together to "go to bed." The female in question is honestly repulsive and both me and my friend had discussed numerous times how we wouldn't touch her, so when I initially saw the two leave together I was shocked and disappointed. No one neeeeeeds to bang ugly chicks, stay and party instead.

Due to the extensive time that elapsed between the night and having to recall the night, I forget specific times. The accuser came with one other female friend who was left alone for well over an hour. Easily over an hour. Everyone at the party had ample time to swing and miss with her, it was funny. The accuser's friend is the only witness to my knowledge.

The group of people in the basement debated whether the two were banging. The answers were split 50/50, with myself thinking there was no chance they were banging. There was really only one room in the house where they could have been and they were in that room for a very long time. Probably close to 2 hours if not longer. Long enough for my disappointment in my friend to grow quite large. I was legitimately upset because I thought he would rather bang an ugly chick and then pass out with her than hang out with me. I'm not gunna charge him though. I'll get over it.

So anyway the two girls left around 2-3 maybe, we got there at 12 and the two were gone for virtually the whole night before they left.

So that's a brief run down of the evening. My real question is basically what do I include in my initial police report? Of the facts presented which of them hold the most weight, and which of them should I leave out? How do I address my own inebriation in a way that doesn't hinder my testimony? I was the only person in that house that was sober at any point, but then proceeded to get drunk later in the night. Does any background information about either my friend or the accuser help in the testimony or will it weaken my testimony by making me look personally upset? Because I am upset. My friend doesn't deserve this and I feel that the accuser has had a variety of people encourage her to seek legal advice. We were all friends before this happened, and now the accuser does not seem at all willing to talk to anyone that knows she's a crock of shit. Anyways, thanks for reading and any advice is welcomed and appreciated!

Answer: So essentially your argument why your friend is innocent is that it's impossible to rape an ugly girl.


Title: Just bought a home in MI, been here for a month now it says I owe 13k to MARCS

Question:
Hello, first post to here, just got the house mid June and now on the 4th I received a letter addressed to my address saying I owe $13,248.
I went the whole 9 yards and have title insurance and looked to see if any money was owed on the title before even closing. It says it goes back to December the 15th. Payment is straight to the states department of treasury etc so I know this is legit and not a scam letter. I have contacted no one yet, (cant anyways its july 4th). Any advice on who i should talk to first? My title company? Do I have to sue the previous home owner?

Answer: Your title insurance company should be your first call.


Title: Ex in new relationship w/ someone

Question:
I was in a relationship with the mother of my son for about 4 years. We broke up in 2015 (nasty breakup) I haven't had consistent visitation with my son due to circumstances between us. She denies me visitation because of child support, I have since the end of 2016 terminated my counsel and went straight to DHS to put myself on an enforcement schedule to ensure she receives funds.

Fast forward to today, she feels the amount isn't close to what is fair and is contesting the order. I retained counsel again to have the courts settle the matter she has been served with an order to appear in May.

I was sent a video from her family members that show her visiting a relative in north AL and I saw my daughter in the video interacting with, whom appears to be her new boyfriend. It has been confirmed through subtle "investigation".

How do I proceed? I do not want this individual around my daughter until I know they are good. I haven't told my counsel but I have told my therapist. They didn't advise anything but the CBT bullshit. What would you do in my situation?

Answer:
 Your ex is free to engage in consensual romantic relationships.  She is a human being.

You listen to your lawyer and go from there.  The fact that your ex is in a relationship with somebody is immaterial based on the facts in your post.  You are innocent until proven guilty, and what I mean is, you will not get a judge to bar your ex from bring the child around the new boyfriend until you think it is okay.

Again, listen to your counsel.Answer #2: >  I do not want this individual around my daughter until I know they are good.

That's not up to you.  You will have to just learn to come to terms with thart.


Title: How could a veterinarian get it's animals back after they were taken away for neglect?

Question:
This happened in California. There was a veterinarian who prided himself on being "old school" apparently. A lot of people stopped going to him because they didn't like the way he handled their animals. The vet also had sheep outside that had literally no shelter and not even concrete to stand on. The yard would flood during the rainy season and the sheep would still be out there.

Someone did call animal control and the sheep were taken away, but the vet is still practicing and got the sheep back evenetually (or at least got new sheep, I can't tell). How is this possible???

I moved out of state but the rainy season is coming up and he still has sheep. Should I call friends to check up on the sheep and potentially report it? I don't have any friends who lived near the vet unfortunately. How is this man still practicing?

Answer:
 You lost me at

>not even concrete to stand on

While I guess I see where you’re coming from with respect to rain and mud, to my knowledge sheep have not yet evolved to a point where concrete is required (as, arguably, homo sapiens have).

In all instance where you are concerned about the well being of animals the right answer is to report your concerns to the appropriate local authorities. They will make determinations and take actions in accordance with their expertise. Answer #2: >The vet also had sheep outside that had literally no shelter and not even concrete to stand on. The yard would flood during the rainy season and the sheep would still be out there.

Right. They're sheep. They live outdoors. There are very few parts of California where the conditions for these sheep are harsher than in Scotland, Iceland, Wales, or Norway, where they have many many sheep.


Title: I [20f] was groomed by my foster-uncle. What can I do years down the line?

Question:
Hi, 20f here. I know I most likely will not proceed legally but I wanted some advice as to how to go about this if I *were* to proceed legally.

From the ages of 11-14 I was sexually abused by my former foster-uncle. He stalked me, found out where I went after school, and took advantage of my trust in him (for him being an old foster uncle) to groom me into complying with his sexual requests.

I’m in NJ. I’ve tried googling this but not a lot of information applies to me, so I come to you guys. Is there a statute of limitations on a case like this, can I proceed in a legal manner?
Topic:
CPS and Dependency Law

Answer:
 Report the abuse to the police, ideally in person. The police will investigate.

Usually the SoL on an abuse case start when you become an adult, so being 20 is going to be well within the range of the SoL in NJ.


Title: Can you bring a restaurant to small claims court for destruction of property or negligence?

Question:
Eating at a restaurant recently and a faulty sink sprayed water all over me and drenched my phone to the point of breaking. Can I make a small claim?

Location: San Francisco, California

Answer: Why not just go through their insurance?


Title: Is a DHS officer allowed to look at a child's private area while doing an investigation?

Question:
My friend that lives in GA just had a surprise visit from DHS.  Her husbands ex wife (who they don't get along with) called and said that she was on drugs and a bunch of other things (not clear on everything that she had said).   My friend texted me to let me know and then told me that they looked at her sons private area while they were looking around the house (they made him strip naked to look for bruises as well and there obviously weren't any there).

Is this allowed or legal?  I don't live in the same state as her so I have no idea.  She lives in Georgia.

Answer:
 How old is the child? Were there allegations of physical abuse? I've heard of times where they have the kid lift up their shirt on their back or tummy, pull shorts up to reveal upper leg, etc. when there was a specific report of their being marks on the child from physical discipline. Or if the child discloses they have marks in those areas. I have never heard of a worker looking at a child's private area during an initial investigation, usually that's something a doctor does and only when there's a specific report of physical abuse in that area, a sexual abuse allegation from a report, or the child is reporting sexual abuse. Maybe a worker would check an infant by having the parent change a diaper, but I can't say I've heard of that happening.

If it truly happened, she needs to talk to a supervisor and let them know what happened.

I will say people often lie or don't tell the whole truth about what happens or why child welfare is investigating them.


Title: (KY) If my university were to lose its accreditation would I have grounds to sue?

Question: As the title suggests I have heard that the university I attend could lose its accreditation and I don't know whether to jump ship or to stay there in the hopes that it doesn't. My ability to get recourse in the event of the worst happening is a factor in this decision.

Answer:
 Non-legal advice: if you're in a university that is so bad it might lose accreditation and you have the grades to transfer, jumping ship is the best choice for your future resume.

Legal option: if they do drop accreditation and you can't get another school to accept your transfer credits, there may be a way to get out of any federal loans you have, but the lawsuit itself will be tricky and long, like /u/bug-hunter says. That's why jumping ship is the most practical decision.

If I may ask, why isn't that your first choice? Is it friends or connections at the university, or do you have other reasons to stay?Answer #2: Here's a similar case in Ohio, where the judge sided with college - and it took 6 years.

http://thecourier.com/local-news/2015/01/10/ohio-judge-sides-with-owens-collegein-students-lawsuit/

So you should determine whether:

a.) your degree requires state accreditation (like nursing or bar) and your school is in danger of losing those, as that would probably give you a better case (while screwing your degree).

b.) whether your school has a chance of regaining accreditation before you get your degree.

c.) whether your school has misled you about this - eg, if they knew they were losing accreditation and lied to you about it.

I would instead try and find out what their accreditation status is, and whether other schools will set up agreements to let you transfer in to finish your degree, and only worry about a lawsuit if the school actually loses accreditation **and** it is a situation that cannot be rectified. A lawsuit will not solve your problem in the short/medium term.


Title: [Update] Me and my friend were caught testing homemade fireworks, we ran, and my friend was arrested, I was not.

Question:
[Original](https://www.reddit.com/r/legaladvice/comments/3xsuis/me_and_my_friend_were_caught_testing_homemade/)

I went to the ER and there were actually no cops waiting there. I went home after and have been trying to reach my friend but he's not answering so I don't know if he's still in jail or if he went home and had his phone and computer taken. His parents also didn't call mine and mine think that I was burned while working in the garage. So I guess I'm not getting arrested or maybe they're going to do it later. I've disassembled my other fireworks and am getting rid of the materials later. But I don't have a good place to dump the chemicals and I don't think I can pour them down the drain.

The anxiety of not knowing where my friend is or if I'm going to get arrested is really killing me. Is there any way to find out? If I haven't seen the police, does that mean that I'm not going to get arrested?

Answer:
 This is /legaladvice, not /hidingfromthecops. Did you have a legal question?

(Plus, I'm not entirely sure you're not a troll.)Answer #2: I'm glad you went to the ER.  Although, now calling you Capt. Hook doesn't have quite the same ring to it.

> If I haven't seen the police, does that mean that I'm not going to get arrested?

Haha, no.  You won't know if they're going to arrest you or not.  They don't give you a running start, generally.

You should go talk to an attorney.Answer #3: Glad you got medical attention. You cannot pour the chemicals down the drain.Answer #4: I'm going to lay this out for you. I don't know if you're a troll, and I don't really care. Someone may be in the same spot as you and need this advice.

Tell your parents. Your parents aren't your enemy unless it's a weird abuse situation. They need to start preparing in case you do have legal problems for this.

From your last thread. EMTs aren't substitutes for doctors. If you get advice from an EMT that isn't "I'm not a doctor. Go see a doctor". Then the guy is dumb and is tap dancing on the line of not being an EMT anymore.

Your friend is probably going to roll over on you. See my first bit of advice and prepare for this.


Title: Can the Judge order you to pay a child support amount you can't afford, even if it is evident on your tax report? (NC)

Question:
My Dad's ex-wife is taking him to court over child support. When they got divorced they verbally agreed to spilt custody and that my dad would help with money whenever he could. They had two kids, one is now 18 and in college and the other is 14 years old.

On my dad's Federal Income Tax report, it shows that he had a gross income of $6,909 for the year. The Child Support lady said that he needs to pay $590 a month for my 14-year-old brother and because he refused to settle on that amount we are going to court. My Dad's ex-wife has been playing the old parental alienation card and the kids don't stay over anymore even though my dad tries to convince them to come visit.

He has been paying $250 for the past two years and before that it has varied. He is a handyman and has his own business, so sometimes he has work and other times he doesn't. She claims he has money to go on vacation and buy a car, so he should have enough to pay child support. What she didn't know and now knows because I confronted her is that I paid for the vacation that I took him on and I paid for most of the car he has, and all the other cars are in my name.

I got accepted to an out of state university and I got a scholarship that pays 3/4 of my tuition for the 2019 year starting in December. Since my dad can't afford an attorney by himself I will help him pay but I won't have enough to get me to college if I do help, so I will have to forfeit my scholarship. What scares us or at least me is that we don’t know how that child support lady came up with $590 a month for one child. We asked to see her worksheet to see how she came up with her calculations, but she didn’t let us see it.

Another thing is because of this parental alienation thing she’s doing my dad’s ex-wife has been hiding all the expenses of the kids and then when she gets angry she tells my dad he owes x,xxx amount of money for the bills that she’s been paying but that he doesn’t know about. She has remarried and has a husband so she’s not by herself. My dad has not remarried and the only family he has that can help him is me, also my older brother but he’s in Idaho for school.
Topic:
Custody Divorce and Family

Answer:
 yes, if the judge feels your father is voluntarily making less money than he is capable of or working under the table the judge can absolutely say he has to pay more support than his income would allowAnswer #2: Your father is expected to work to earn a wage consistent with his income earning potential.  His income earning potential is more significant than his actual income.

If he is not earning enough consistent with his income earning potential, his income will be imputed.  Generally speaking, he would be expected to be earning AT LEAST minimum wage at a 40 hour per week job.

Income of a spouse is usually not considered, except to the minimal extent that it might go towards reducing living expenses.  For example, if the mother was claiming she was spending $1,000 on rent, and got remarried, the amount of rent might be adjusted to $500 to take into consideration that the spouse should be contributing towards rent. There is not much more adjustment beyond that.Answer #3: Take care of yourself and your future. Don't sacrifice your scholarship. Help your father as you can, without setting yourself on fire.


Title: [California, USA] firefighters did not extinguish the fire, destroying my house permanently.

Question: what's the point of a mandatory evacuation order if firefighters won't protect your own property? My insurance will pay out but I'd like to sue the firefighters for punitive damages. They didn't let  us go back and gave no information on when we'll be allowed back. My property held a lot of sentimental value and now I've lost everything thanks to the ineptitude of the California Fire Department.

Answer:
 NAL.

I hope this is a joke. If the firefighters couldn't save your house then there is nothing you could have done and that means they did no damage. You will not win a law suit.


Title: House sitting for my mother in law and her dog ate my car

Question: [deleted]

Answer: You left the dogs, that were solely under your care, outside, unattended, for two hours, I cannot see how your in-laws are in any way responsible for the damage to your car.Answer #2: NAL, but if you pursue this, be prepared for your FIL to start charging for daycare.


Title: Need Advice on Trespassing Garbage Man.

Question:
This morning i started my car to warm it up. As i was walking back into my house my neighbors garbage truck was backing down my road (I live 1 house before a dead end, my neighbor being on the dead end.) I thought to move my car parked on the side of the road where it has always been for 6+ years but disregarded that thought because of it always being parked there.  Continuing on i looked out of my window to see the garbage man walking away from my car's driver side with his hand leaving my door handle. For perspective i park on the left side of the road so that my drivers side is facing the face of my house.

I went out to my car and the door is half shut and locked.  He pressed the manual locking pin so hard that it bypassed the safety mechanism that prevents the door from being locked while the car is running and the door open.  Fortunately he was trying to be quiet by not shutting the door all the way, i assume, so i was able to use a coat hanger to unlock it.

So from my understanding he trespassed. I'm also thinking there is some kind of intent to cause damage due to the possibility of my car running to empty as well as the possibility it will overheat (Vw problem).  Maybe something to do with the possibility that i would have to pay money to get a lock smith.

Any advice and knowledge is greatly appreciated!
TheGarbagemanguy

Edit: Michigan USA

Answer:
 First you see if you have damages.  Then you can sue to recover those damages.

"There is a possibility that I might have to pay a locksmith" is not damages.

"I paid $90 to get a locksmith" is damages.

You can certainly complain to the company.

Whether a crime was committed depends on your location.

Which we don't know.

Because despite numerous reminders, you did not tell us.


Title: Bought some disposable cameras for a party. Could the person developing the pictures go to the police with them?

Question: We had a party last night and bought a couple of disposable cameras to capture some of the funny moments. Could the person developing the pictures go to the police with those pictures or would that be a violation of my privacy?

Answer: yes they can.Answer #2: You have no reasonable expectation of privacy to pictures that other people took while you were at a party.


Title: Why is sedition illegal if the people have the constitutional right/duty to overthrow a government if they deem it too powerful? Or am I misunderstanding these concepts? (USA)

Question: Not sure if this is the right place for this question, but I’ve been wondering for a while and the two concepts (to me) seem to directly contradict each other. Explain?

Answer:
 The right to overthrow a tyrannical government was not actually a part of the Constitution, but of the Declaration of Independence, which doesn't hold any legal weight.Answer #2: 1. Sedition isn't illegal in the United Ststes.

2. People in the United States do not have a constitutional right to overthrow the government: to the extent they have a duty to do so, it is a moral duty, not a legal one. (Indeed, the legal duty is to obey the law.)


Title: My mother lives in third degree squalor with my younger brothers and pets. Is there a way to get help for her without her losing my brothers to foster care?

Question: [deleted]

Answer:
 >Would it be in my best interest to force her hand?

Forget YOUR best interests. You aren't living in that house (though your probably grew up around the same behavior). What is in the best interests of your BROTHERS? Living in a place like that could kill them--or at least set them up for serious health problems and psychological damage.

Are there any family members who are able to care for your brothers? CPS generally likes to keep kids within their family if it is feasible.


Title: (x-post from /r/hipaa) Employer forcing people to disclose entire medication list. Will not let them return to work until they do so and may put them up for removal for noncompliance.

Question:
*I originally posted this in /r/hipaa because it seemed like the best place to start. Was immediately directed over to this sub. So much for a quick and easy solution. I've changed it slightly and removed the HIPAA aspects as it does not apply.*

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

I received a request for medical information from my employer for a bogus suspension not related to a medical condition. So i'm not doing it but I became very concerned when I saw what information they were requiring.

My employer has a policy regarding the medical documentation required when someone is coming back from a medical leave. Essentially they want to make sure you are fit for duty. Why a note from a doctor stating "Yes. This person can safely return to work without restrictions." isn't satisfactory is beyond me. The documentation they require includes detailed information about the medical condition including how it is being treated. That in and of itself is questionable. However, the one issue I cannot reconcile with is them requiring you to disclose all medications they are taking. I know under ADA and EEOC guidelines, they can ask about medication if it is job-related and consistent with business necessity. The way I interpret this is that an employer can only ask about medication that could affect the employees ability to perform their job (and safely). For example, on a fit for duty form, it would say, "Is the employee on any medications that could affect their ability to safely perform their job?" I feel like this is the only way they can ask about medications. I'm not even sure if they have the right to know what the medication is. If the doctor answers yes to that question, I would think they would only have to disclose the side effects and not the actual medication name itself. I'm going by the minimum necessary rule. I feel like this would be considered legal and accepted under EEOC, and ADA law. My employer does not do that, on the letter stating what information they need, it states:

"Please provide a list of medications. Are there any known or observed side-effects for these medications which may impair the employee's ability to safely drive a [redacted] vehicle?"

They DO ask about job-specific side effects, but that's after they tell you to provide them with your entire med list which includes medications that have nothing to do with job safety or performance. I don't think they can do that. What if i'm on medications that don't have these kind of side effects? Essentially they now know every medication I am on, can look up what they are used for and from that information, find out what medical conditions I have, and who knows what they would do with that information. I feel like this practice is a clear violation of the law. Let's say i'm put on a new medication that can and has caused dizziness. I feel like they have a right to know that. But they don't need to know about any medications I was taking when hired for the position. If they didn't pose a risk then, they wouldn't now. Why does my employer think they have a right to know that i'm on birth control or a heart medication when they don't affect my job?

I think you can see where i'm going with this. Flat out, i think they are violating the law by requiring any person to disclose every medication they are on regardless if they have side effects that can affect their job. Not to mention that if you submit the rest of the documentation and do not include your medication list, they will refuse to allow you to return to work until you provide it. Also, on Wednesday I recieved a letter saying I had 5 days to comply and if I didn't, I could be put up for removal. Just need advice as to whether I have a valid concern about law violations or not. I'm at a company that employs around half a million people so you can imagine how many people have complied with this and have given out PHI under illegal circumstances without even knowing. I've been losing sleep over this (I used to work in health care insurance authorizations) because I am so worried about people's rights being violated. Halp!

Answer:
 What is your role?  Is a license or certification required to perform your duties?

It is not as obviously clear that your employer is violating any particular law as you seem to think it is.  These questions are in fact very extensive.  The reasonableness of this extent of checking would depend on their reasons for doing so.  Answer #2: There is a difference between what they may ask and what they may legally require. They can ask for more information in many cases than the law requires an employee to give. That's not illegal. If they used information to illegally discriminate then that is not legal.Answer #3: You said this company employs several hundred thousand people.  You can safely assume that their HR department has received competent legal advice from actual attorneys who specialize in employment law.

Your quote of the request doesn't say "all medications", just a list.  A plain reading of that doesn't imply that the list has to be comprehensive.

My opinion is that you're misinterpreting the request, but if you feel strongly about it, consult with an actual attorney.


Title: HELP. Employer forced me to purchase...

Question: I work at a local sandwich shop in Washington State. I am new, and am usually in the back making sandwiches on the grill. Standard procedure is to receive a carbon paper ticket from the front and to prepare the sandwich according to the ticket. Today, my employer hollers out an order for me to make -no ticket from the front-, and I accidentally make the sandwich with the wrong ingredients. The customer doesn't accept the sandwich and my employer then tells me I have to purchase the sandwich with my own money. The sandwich sits around for several hours until I clock off and am required to pay for the sandwich before I leave. **1)Is this legal? 2)What if I deny to pay for it?**

Answer: In short - no.


Title: Is it legal to download the Ashley Madison data dump (CA, USA)?

Question:
Is it legal to download the torrent recently released by Ashley Madison hackers?

Also, what protections do journalists (I am not one) have when downloading, analyzing and using this data?

Answer:
 In the U.S., there isn't a law explicitly against downloading or viewing hacked content yet. It seems to be the argument that once released, the information becomes part of the public domain.

However, there are a lot of "gray area" aspects to it. And you can also get in trouble for how you use the information in the hacked data.

This article does a great job discussing it w/r/t the Sony hack:
http://fusion.net/story/32988/beware-downloading-the-hacked-sony-pictures-docs-could-bring-the-feds-to-your-door/

It also give a history on why journalists have more leeway. Basically, a [2001 Supreme Court decision](http://www.casebriefs.com/blog/law/constitutional-law/constitutional-law-keyed-to-cohen/restrictions-on-time-place-or-matter-of-expression/bartnicki-v-vopper/) established that journalists can report on illegally obtained material if 1) it concerns a matter of public interest, and 2) the journalist receives the information lawfully and wasn't party to obtaining it.

If it was illegal to access hacked data, then journalists would not be reporting on it.


Title: Immigration Lawyers: Do we need to renew Travel Document (I131) after my wife got her green card?

Question:
So my wife got her green card in December of 2016. Before that, we got an I131 because our lawyer told us we needed it to go to Mexico. Her green card is a two-year conditional green card. We want to go back to Mexico this December, and our lawyer is telling us we need to renew our travel permission before we go.

But all my wife's friends who are in similar situations told us that they've been fine traveling with just the passport and green card. So we feel like our lawyer might be trying to take advantage of us.

Thanks for the help!

Answer:
 A person applying for PR needs a I131 (advanced parole) while waiting for their permanent residency/green card to be approved. Once they have the permanent residency approved, even conditional, there isn't a need for the advanced parole. Essentially you've got the document in hand that proves you have legal right to be in the country. A legal passport or enhanced drivers license is still needed to cross the border, in jurisdictions where an EDL is valid.

There can be problems for illegal immigrants who applied for permanent residency using an AP, but that shouldn't be the case if your wife has the GC.


Title: Landlord threatening to evict us. Turns out his lawyer is his wife. (MA)

Question: Our landlord has threatened to evict us, basically because we are witholding rent for needed repairs -- several windows don't lock, there is a leak in the kitchen ceiling, a few other misc issues that they just refuse to fix. BUT we found out today that his company's attorney is actually his wife. Isn't that a conflict of interest? Ethically or legally improper? He certainly isn't disclosing it, rather they are intentionally hiding it by the lawyer using her maiden name. I feel it's at least dishonest.  This is just outside Boston Massachusetts.

Answer: I know your question is specifically about your landlord hiring his wife (which others have pointed out is completely fine), but I do want to warn you that in most jurisdictions, it's not permissible for tenants to unilaterally withhold rent because repairs aren't being made. You'll want to check with a Boston-area attorney (whether or not they're married to you) for advice on this. Answer #2: There's nothing wrong with his lawyer being his wife and he has no duty to disclose that fact. It would be a conflict if you hired a lawyer that happened to be his wife!


Title: I'm being taken to small claims for credit card debt of $650. Denver, Colorado. Should I attempt settle myself or hire a lawyer to do so?

Question: Can I just call this lawyer and try to settle for $500-600, or should I hire a lawyer to negotiate, or will they proceed with this regardless?

Answer: $150-100 is not worth hiring a lawyer to negotiate. Honestly I'd just pay the $650.


Title: Company charging me after I say no.

Question:
About a month or two ago, I called a company about removing some false/bad reviews on my company. I gave them my business name and address I’m not very computer smart so I told them that I was going to discuss it with my son before I did anything and asked for their rates. Fast forward to today I get an invoice from the company telling me that I owe $600 and have 14 days to pay or they will send me to collections. I did not ask them to do any work and did not sign a contract. They didn’t do anything but are still charging me for deleting four google reviews.

P.S. I am writing this from what my mother told me, and asking if you guys here know if she has to pay or will be sent to collections. If you have any questions I will relay them to her for a response. Thanks!

Answer: Ask them for proof of your hiring them to do this work.


Title: (Hunter, NY) Not a legal bedroom (LEASE BREAK)

Question:
https://www.reddit.com/r/legaladvice/comments/3iti87/hunter_ny_landlords_room_description_didnt_match/

So I measured my room generously and its only 65 sq feet of floor space (Rooms must be 70 sq feet from comments in the other thread). How do I proceed? I have already signed the lease and paid the security deposit. What are the chances that I will get the security deposit back?

He literally tricked me into renting out a closet with a window.

Answer:
 If I'm not mistaken you're supposed to call Jim Boyle at (518) 589-6209, ext 307. He's the building inspector for the city. If he measures it less than 70 ft and writes it up then you'd have a walk off home run in court.

Still, if you're attending college you should check to see if your school offers legal aid.


Title: Impersonation and consent

Question:
I was reading a story about the linebacker from Virginia Tech who has been charged with second degree murder for beating to death a man who impersonated a woman and performed oral sex on him during their first encounter while the linebacker still believed the victim to be a female.

When the linebacker returned to the victim for another sexual encounter, he discovered the victim was not female and beat him to death.

Obviously a tragic story in multiple ways, but I was wondering about the laws regarding consent and impersonation. If the victim engaged in sexual intercourse with the linebacker while also lying about who he really was, could I argue that consent was not properly given and the victim sexually assaulted the linebacker?

Not excusing the beating by any means, just curious as to what the law says about something like this.

Answer:
 Modern reasoning on sexual consent is that the level of fraud needed to vitiate consent is at the point where the victim substantially does not know what they are consenting to. Someone who consents to a blowjob from a partner, and gets a blowjob from that partner, is not unable to give that consent solely because they have an incomplete understanding of their partner's body: being trans is not part of the sexual contact itself and generally won't void your ability to give or withhold consent.

Your consent might be void if someone impersonates your spouse, so that you think you are giving consent to a completely different and specific person, but not if partner fails to tell you they're trans, and you give consent to them knowing who they are but not knowing something you wish to know.

"Gay panic" and its ilk have occasionally been recognized as legal defences to this kind of crime, but modern courts are mostly moving away from the notion that someone could be so afraid of a non-violent encounter based solely on someone's sexuality or gender identity that they would be legally justified in resorting to violence to defend themselves.


Title: Ex physically and sexually abused me

Question: My ex boyfriend physically and sexually abused me, he apologized for both things and said it would change I forgave him, but now he's just packed up and left me. I feel like the only reason he stayed with me was so I wouldn't go to the cops and now I do feel like I can't, I thought he was going to change but I don't think he feels any remorse for it at all by the way he just packed up and left and then lied to everyone and said he never sexually abused me and that I am the one who put my hands on him...are you kidding me!?! The only evidence I have are text messages kind of admitting that he sexually abused me, but everything is really passive. As far as physical abuse, I only had light bruising on my chest and neck which I have no pics of. The only thing I do have is a shirt with his blood on it(he busted his nose on the back of our couch while trying to body slam me), which at best might prove he was the one on top of me? I just feel helpless because, I waited so long and because, none of my proof seems very solid. Is there anything I can do?

Answer: You can go to the cops if you want to.  To be frank, however, without evidence other than your word, the close proximity to your breakup will put the veracity of your claims into question.


Title: Received strange call concerning a "complaint" against me

Question:
One week ago I received a call asking for me. I usually screen my calls to voice mail, so instead of confirming they were talking to me, I simply asked who was calling. I didn't receive who they represented, just what her personal name was, and that they had a complaint they were attempting to deliver to my "previously verified address or employer" and to contact them as soon as possible with any updated information. I was provided a phone number and case number, and I thought I wrote that information down, but can't currently find where I placed it.

Today, I was called again, and let it go to voice mail. I was provided a voice mail with a very similar situation. No mention of the firm represented, just their individual name, that they will try to deliver this complaint that has my attn, the times they will try, and simply that they will try to deliver to my previously verified address or employer. It also said that it's in my best interest to respond back with any updated information, or else actions against my consent will take place.

This time I called back, and the guy who answered just said "Corporate. How can I help you?" So, I explained that I just called back to get some basic information because I had received a call with a case number, and he seemed insulted I'd even ask. I tried asking for the firm's name, and he said he couldn't tell me anything if I wasn't going to provide a number, but did manage to say what law office they represented, and that they were "certified" (he did say they were certified by some government organization, but the call was over so fast, I can't remember the department he provided) but that the conversation couldn't continue if I wasn't going to provide any information, and I tried to ask one more question or maybe even give my case number, he just hung up.

I was under the impression law offices never really bothered calling before hand to serve papers, they just did. I was also under the impression that they are more willing to give out information proving they are a legitimate organization rather than hanging up when anyone tries to inquire about it. It was odd to me he answered "Corporate." It was odd no identification is given during the phone call. Are these common practices and I'm just unfamiliar with them? Or is this a possible scam trying to scare me into giving away personal information? I'm reluctant to give my case number they gave, because I'm reluctant to give them any more information if they are indeed trying to phish. But I'm confused as to how this would operate as a scam, because only a "complaint" is trying to be delivered, with no asking of money. I've dealt with scams before with people saying I owe money to organizations I know I no longer owe, but they are usually up front with how they have a case with money owed. This is why I'm not certain if they are legit, just aggressive and private, or if they are indeed a scam.

**EDIT 1**: I should also mention, I tried googling the law office they provided, and I got no where fast. All I had was a name, with nothing more, so I wasn't able to find any legitimate source.

**EDIT 2**: So, I just found out, apparently they called my father who lives in a different state about this as well. He just called me saying they were looking for me to send this information to. Seems absurd for them to go that far.

**EDIT 3**: So my dad called back, because he was concerned. He talked to them for a bit, and thought they seemed fairly legit and just wanted to make sure I wasn't setting myself up for further problems down the line. So I called back and provided my case number. According to them, I had a credit card back in 2008 that I let hit the limit and did not pay off. I do not remember owning this card, but that's probably why they selected something 9 years ago. I also have to say, this doesn't show up on my credit report at all, through sites like Credit Karma or my current credit card's own credit monitoring. So after talking to this guy for awhile, he made it seem like they were just about to start filing for a civil suit against me. The total after fees was 1,200 something, but legal fees would add another 1500. He was making it sound like things were too late, and this was moving ahead, and they had enough evidence on their end to prove in court I owed this money, as it used my Social and my addresses. He did end the conversation by saying I could pay something to satisfy the amount, and that's where it all came back to confirming a scam to me. After getting just enough information from him, I found the name of their firm, and that they even had a website!

https://www.adamsdanielsandassociates.com/stores

Looks just "legit" enough, but it's only two pages and nothing else. Surprisingly enough, the phone number provided on the contact page was not the same phone number they gave me. And the address, after being googled, is for a UPS Store. After looking at Google Maps street view, I didn't see anything that looked like a law firm. But I gave them more benefit of the doubt, and called the UPS Store. Sure enough the guy confirmed there was no law firm in that plaza, and the address I gave was precisely their address.

My brother also found this:

https://www.consumer.ftc.gov/blog/2017/08/phantom-debt-collectors-impersonate-law-firms

So taking this all into account, I 100% believe this is a scam, and that their threats of moving forward with a civil lawsuit is just to scare people into paying the settlement amount.

Answer:
 Sounds like a scam, I had a run of calls like that maybe 10 years ago.Answer #2: All the vague and aggressive behavior you describe suggests it's a scam or a sketchy debt collector.

Hang up on them, or ignore their calls.

If they want to serve you with a notice or summons, they can find your actual mailing address.

There isn't a notice or summons in the world that can be officially served by sending it to your former workplace.   That's silly.


Title: Employer wants access to my home?

Question:
I work for the Florida government, doing field work of a research nature, and spend most of my time either at home or performing various projects. My supervisors recently presented me with an agreement that I'm being forced to sign.

It basically states that, since I do some working (paperwork) from home, they want access to my private residence. It would be my supervisors in the arm of the government where I work, IT, or Internal Affairs. They wish to inspect my home, to ensure compliance with 'appropriate' protocols for a working environment. By signing this I would be 'holding them harmless' for anything that may happen from the home office, and it states that they can visit during my 'established work hours'. My hours are not established and can vary from a normal 9-5 workday, or an overnight field assignment.

IA would have immediate access to my private residence whenever they decided they wanted it, without notice. Anyone else would have to give 24 hrs notice.

This is a new agreement. My job description did not include anything of this nature, and I feel that this is a violation of my privacy. This form obviously is not tailored to my position, and I've been getting some pushback about having it altered. I'm afraid that I might be terminated for not signing this. I believe they are seeking everyone in my position to sign this due to possible unpaid overtime lawsuits that some former disgruntled employees have brought to court.

Are there any resources you might suggest? There is nothing stating that my supervisor/IA cannot come into my home and seize my property. I know this may sound a little paranoid or even guilty, but just the thought that I'm granting them possible access to my residence raises a red flag for me.

My union is notoriously ineffective about fighting for their worker's rights, and if I have to seek help from them, I doubt that I would receive much help.

Thanks in advance for any help!

Answer:
 You aren't being forced to sign it. You can not sign it and see if they fire you.

> There is nothing stating that my supervisor/IA cannot come into my home and seize my property.

Of course it's not going to say that because that's assumed. It probably also doesn't say they can't poop on your floor either.

You should notify your union anyway.


Title: Child visitation schedule

Question: My son is court ordered to see our son every other wknd. We had a death in the fanily and had to fo out of town on her wknd and he went the following wknd and also the wknd after for make up. After going two weeks in a row he stayed home the next wknd and now im continuing visits as normal and she is insisting im contempt of court because i kept him home the 3rd wknd demanding it was her time and now im violating the visitaion order by just switching the wknds. Am I contempt?

Answer:
 Your post is very unclear as to what happened.  I'll just focus on this:

>  she is insisting im contempt of court because i kept him home the 3rd wknd demanding it was her time and now im violating the visitaion order by just switching the wknds.

Did she agree to switch weekends?  The courts do understand that occasionally, minor adjustments need to be made to residential schedules, and occasionally swapping weekends is to be expected.

If she moves to have you held in contempt of court for mutually agreeing to swap weekends, the court will not be pleased with her, even if, technically, it MAY BE a willful violation of court order.

But, if she did not agree to these adjustments, and you just asserted the changes on her, then yes, that could be actionable contempt.

Court orders need to be followed, or modified in the courts.

If she does file a motion in the courts, then it should be defended with an attorney.


Title: I sell my work on a printing website, a big time company is claiming my work violated their IP and are threatening legal action. UK(me) and California(the website)

Question:
Hi LA,

I am hoping to get some help regarding an IP issue. I will do my best to explain the situation.

&#x200B;

I am an artist who last year decided to set up a shop on one of those websites that can print your artwork on various items such as wall hangings, t-shirts, mugs etc. I won't be mentioning the name but I am sure a lot of you have heard of them.

I have a small shop where I sell artwork I have made, I haven't made a lot of money from it, I am not big or popular or well known - but I love my little shop and the work I sell. I have a piece of artwork on there showing a number of characters based on myself and a group of friends. It happens to be my best selling work - probably due to all my friends buying it. It is very dear and important to me.

The artwork is in a style that someone may look at it and say, "oh that kind of reminds me of X Big Cartoon"(not what its called this is just a fill in name), but further enough away from this X Big Cartoon that it doesn't involve any of the characters or themes in anyway. The colour pallet is completely different and the style, in my opinion, draws inspiration from X Big Cartoon but is nowhere near a direct copy. I know that art is subjective so I am sorry if that is not 100% clear but that is the best way I can describe it!

On to the issue.

&#x200B;

The Legal team of X Big Cartoon made a complaint to the website saying my artwork violated their Intellectual Property and demanded it be taken down. I was notified of this through email from the website's legal team. The email stated that if you believed this was a miss-identification issue to contact them. So I thought, oh I can see how this might have happened but obviously in no way (in my opinion) violated their IP so I will send the counter email to hopefully get my work put back up.

The first email scared me a lot. I have never had anything like that happen. The website which I am talking about is full of people selling work that clearly is in violations of other peoples IP's and I always got the feeling that the website was pretty relaxed on the terms of fanart and such. So you can understand my shock that my art has been singled out in this way. It isn't even fanart, nor does it contain any of the company's characters or logos.

I received an email today with a lot of big words and I am freaking out. The website has told me they have forwarded my counter email to the "Client" and that I have to wait 14 days to see if they take any legal action against me.

Honestly, I am scared. I don't know what legal action they are talking about. I am a small time artist just selling some of my own work on one of these websites, I know nothing about laws or anything and I feel completely out of my depth. I feel like this big scary company is about to stomp on me, claim my work as their own and there is very little I can do about it. And I am scared of the legal action they could possibly take against me.

So I am hoping for some advice to what sort of thing I should expect? How should I proceed? Can I even fight this if they try and take legal action against me? If anything I would just like some help understanding the whole situation.

&#x200B;

I am based in the UK but I believe the Website operates out of California.

&#x200B;

TLDR:

I am a small time artist, selling my work through a printing website. A big company is claiming my artwork violated their IP and are threatening legal action against me.

&#x200B;
Topic:
Intellectual Property

Answer:
 That's a standard complaint.  The only reason IP infringements fly on sites like this is that the owners haven't complained.  Those sites have to receive specific reports, in a specific format, before they'll take action.  That's called a DMCA complaint.

Before the company acts, they notify the party the owner claims is infringing.  You then have the opportunity to send a counter notification, formatted according to the DMCA, stating why you believe you are not unlawfully infringing on their work.  Part of that is giving them contact information in case the complaining party needs to serve you with a lawsuit.

This can go several ways.  You can remove that art from your shop.  This option doesn't require you to tell the site they can give your info to the complainant for legal service.

You can counter notify.  If you do, the complainant will have ten (I think, might be 14) days to notify the site they've filed suit.  If they do, the site will remove your art until you can prove you prevailed in court.

There is also a chance the complainant will accept your response, decide you're not infringing, and drop it.

The only person who can tell you the likelihood of any of these outcomes bring successful is an intellectual property attorney conversant with the DMCA.  I suggest trying to get a quick consult with one local to you and seeing if they can help or would recommend you find one in California.

Goes without saying, of course, that defending an IP suit will be expensive.