Title: Dealership took me to the Cleaners, How do I get rid of car?

Question:
May 10, I bought a 2017 Hyundai Veloster at Stevenson Hyundai in Longmont, CO. I was so excited that I qualified for a new car. I was also naive, inexperienced, and stupid, and the salesmen saw it right away and took advantage of it. I went by myself and I learned a lot of lessons and made a lot of mistakes.

First off I was talked into a car that was not what I wanted. I told the salesman, Jim, that I wanted to look at a car so that I could get a better idea of the kind of car I wanted. I also told him that I was waiting for a settlement before I purchased a new car. Jim pushed the car on me very hard. Unlike several other dealerships, they would not let me test drive the car because I did not have full coverage insurance, Jim insisted on driving the car for me. I told him that I wasn't ready to buy, and he said let's see if we can get you qualified.

I was so overwhelmed by getting qualified, that I forgot to slow down and make sure it was the car I wanted. (It was not and didn't even meet half of my desired criteria.) I should have talked to someone like my brother before I signed the paperwork to make sure that I wasn't signing my life away.

They changed the financing after I drove off the lot. When I drove away, the deposit was a trade in of my car which they valued at $500. Initially, my payment was $289 before the add ons. When they told me I needed to resign the contract because the financing had changed, I was surprised. They said that the bank wanted an additional $1,000 down and my base price for the car went up to $311.

Two weeks after I bought the car, I was regretting my decision. And I told the financing lady, Marilyn. She did nothing to see why I wasn't not happy. All she did was tell me that if I traded the car in, I would loose money from the car depreciating after I drove it off the lot.

Jim being pushy is on him, but I recognize that I made mistakes. I've bought most of my cars by myself and I never felt pushed or like I was ripped off after purchasing the car. I was naive in thinking that I would have another great experience.

They would not budge on the sticker price. Despite the fact that the car had been in a fender bender when it was a rental car, and they had it priced at the very top of KBB. They overcharged me by more than 4K, they participated in illegal practices; no documentation of how I was paying my deposit and how long I had to pay it. ( I had until the end of June to pay my deposit but wrote a check as a placer. This check was never supposed to be cashed!!) This resulted in them attempting to cash a $900 check on June 16 that resulted in NSF fees. I was too naive and inexperienced to ask for the deal in writing as well as a receipt for the check. I later learned that it is illegal for a dealership to hold onto a check without a very specific kind of receipt that states that the check is a placeholder and is not to be cashed unless the money has not been paid by a specific date. Part of my contract was that they would be paying my first months car payment. They never cut the check for me. I didn't know about this until they called me about the check bouncing, on June 21st. My first car payment was late because they didn't fulfill their end of the deal. They only paid $290 of the $311. I ended up getting a 17.99&#37; interest rate, which I have been told by Valley Subaru, is ridiculous even for my credit and that my interest should have been half that.

The CARFAX report was only given to me after I had signed for the car. The dealership told me that the only owner of the car was a rental agency. They did notify me that it had been in a fender bender. According to the CARFAX it was owned by an individual after it was a rental car, from October 2017 until unknown date. The mileage on the car was listed as 32,000 and some change. The actual mileage of the car when I bought it was 36,104. The actual mileage of the car is no where on my contract.

The "only" bank that would accept my loan is High Performance Capital and it is very sketchy. Unless I mail a check, which I didn't have enough time to do for my first payment, I have to pay 3-5&#37; of my payment amount in fees to pay it. I tried to pay the payment via debit card through the website and the app and was unable to. They recommend that you make your car payment through 7-Elleven. I have never heard of anything like that, and no one that I know has either.

The bank is now trying to install a GPS tracker, which is not in my contract. I did not notify the dealership on the 21st of this because I was too unhappy about them cashing a check that was not supposed to be cashed and that they had not cut the check for my first payment.

When I expressed how unhappy I was while I was at the dealership on June 21st, they did nothing to make me happy. In fact they said that because there was no documentation about the check not being cashed, that they had no further responsibility and basically that they did not believe me. Marilyn was no longer working for the company and she is the one who did my financing package. Jim did offer to pay $20 towards my NSF fee but that is nothing compared to what they did. If that check had been cashed right after I had gotten my disability check, I would not have been able to pay rent, buy food, or pay for any of my bills.

When I bought the car, I added the GAP insurance, a supposedly killer alarm system that was supposed to decrease my car insurance and did not, and remote start. The alarm system and the remote start are a joke! They were installed on June 13, which was at least 2 weeks after the dealership said I would have them installed.  Sometimes I cannot unlock the car immediately, I have to repeatedly push the button before it works. There is no way for me to turn the alarm on, no panic button at all. The button for the trunk does not always open. Before the alarm system was installed I could unlock the trunk without having the car unlocked, now I cannot and the lights no longer flash to tell me the trunk is unlocked. On June 27 & 28, the alarm started acting up. On the 27th, the alarm randomly went off a few times but I was able to disengage it by pushing the open door button. On the 28th, the alarm repeatedly went off even when I was driving the car. The remote start is very inconsistent. Sometimes it works, and sometimes it doesn't even when I am 5 feet or less from the vehicle. On the 21st, I did tell Jim about the remote start not working. He said that it was not his responsibility to fix that and the guy who did was out. He said I should call him back the following week. My understanding is that salesman want to make and keep their clients happy not make them do more work.

I was told and given paperwork that the car had been Certified and had successfully went through their safety inspection. The tire pressure light is already on. If they truly did an inspection, then why is that not on the CARFAX? If they truly did the oil change, why is that not on the CARFAX?

At this point, I do not want the car. This entire experience has been bad and has made me very upset. What I want is to void the contract, get my deposit back and call it good. I have put $1,200 down and the least I will accept back is $700. I feel that both the dealership and the bank are very sketchy and I do not trust them or ever want to do business with them. If I do not get rid of this car, I will just be loosing money, and potentially have more problems.

Answer:
 I highly suggest you condense this post to the basic issue at hand.

A Carfax is only going to report service that was reported to Carfax.  Tire pressure can change in an instant with weather - and it doesn't mean that there's actually something wrong just because the light comes on.

It sounds like you have a number of issues that should be able to be taken care of by your warranty. Read the terms and conditions of that warranty carefully so that you aren't overcharged on any deductibles (if there are any).


Title: Intoxicated and caused an injury

Question:
I got quite intoxicated on a night out, when walking home I fell and knocked a girl over. She suffered an arm injury and needed a hospital visit and she then had therapy treatment. Six months on I now find she is suing me in the small claims court for her treatment costs, some loss of earnings and pain and suffering, altogether $6000.

Although I was certainly intoxicated, this was accidental, so I'm wondering if she is justified in suing me and how a court will view this? State is CA.

Answer:
 She is most definitely justified in suing you.  You caused her injury and her financial losses.
Answer #2: Intoxication isn’t an excuse for anything. You harmed her, it was 100% your fault.


Title: My boss wants to have me on call, not count it as work hours, use my PTO, and only pay me $4/hr

Question:
This is my one of my first posts and it is from a mobile phone so please excuse any formatting issues.

I work at a medium sized hospital in the general vicinity of central VA as a registered nurse.  I’ve worked here in this particular job for about 7 or 8 months with minimal issue despite my boss being unhelpful and on occasion a little shady. To give some context, I get paid hourly and am contracted to work 36 hours per week. The work on our unit is really dependent on the number of patients we have in the unit so some days we send home some staff early in what we call “not needed.” On these days I go home early, whatever hours I did not work get taken from my PTO and I get payed at my base pay rate. Totally reasonable so far, pretty similar to other nursing jobs I have held. So today I was in my unit and noticed a note on our bulletin board that stated something to the effect of “due to changes in staffing patterns staff will go home on call instead of as not needed because there have been instances when they get sent home and we end up short.” Again, not unreasonable to me, I live near the hospital so I don’t mind being on call even if I get paid a reduced rate. However, upon discussing this with 3 of my coworkers they said the on call hours do not count toward my 36 contracted hours and I will still have to make up that time. My initial thought was awesome, now I make base pay plus $4 on call pay with the same usage of PTO hours... wrong, apparently they are saying not only do the on call hours not count towards my 36 hours, but that I also need to use my PTO. This means I go home early, I stay available on call, use my PTO hours and don’t receive my base pay. I feel that this can’t be right, I had to clarify 3 or 4 times with my coworkers to ensure I understood. I haven’t spoken to my boss yet, I wanted to consult here to see what you all thought before taking any further action if warranted.

To make a short story shorter:
My boss is not counting my on call hours as hours worked toward my contracted hours and is requiring me to use PTO despite paying me $4/hr (significantly below my base pay).

Thank you all in advance for your time and consideration, I have been consistently impressed by this sub and even if I don’t get the answer i am looking for your advice is greatly appreciated. Please let me know if there are any additional questions I can answer that will better inform your opinions and I will do so in as timely a fashion as possible.

Answer:
 If I follow your post correctly it sounds as though nothing has changed in what you described as “totally reasonable” save that they have now created the option of calling you back and are paying you $4 per hour for that privilege.

I’m unclear on your objection to this arrangement.


Title: NJ selling a lemon 🍋 really bad car 🚗 how can I protect myself? READ (before attacking me please)

Question:
Hi I'm sick of my car giving me problems.   It's a piece of garbage and I would take it to the junk yard but I can probably get a bit more from someone since it still runs,  really badly and I hate it but it runs.   It needs a list of repairs.

I was thinking making someone sign a document stating they're aware this car is in bad condition,  that they take it as is and understand there will be no refund for the car breaking down on them should protect me if someone thinks it's worth saving.   What can I do?

Answer:
 You can sell your car in any condition. Lemon laws only apply to authorized dealers, but you should be very straightforward with someone if you want to sell it in the condition it's in. Don't try to minimize the amount of problems it has, and don't lie. And don't use the word lemon if you actually think you can sell it to someone.

I'm in NJ and recently sold a car on Craigslist with a ton of problems. It needed two new catalytic converters, the brakes were shot, and it had a handful of other pthings that I didn't want to deal with. Could have sold it for $300 in scrap, but I found a buyer who was willing to pay $750 for it. I told him about everything, he said he wasn't worried about it because he fixes cars himself, and it worked out.

Find a bill of sale (google) and add the word "as-is" where appropriate. You'll sign part, they'll sign part, and that's basically it. Your best bet is to look for someone who flips cars, not someone who actually needs something they can use in its current condition. I said this before, but be absolutely clear on the problems it has when selling. And use your discretion when choosing your buyer. If you're up front about it from the beginning, that will already minimize the chances of someone coming back for a refund or or something like that. The bill of sale should be enough to protect you here as long as there's no intentional misrepresentation of the car's condition.


Title: (FL) Landlord says I can't lock my bedroom door

Question:
I rent a 1 bedroom apartment in Miami and part of my lease agreement says that I must allow the landlord monthly access for pest control to spray the kitchen and bathroom.  This month, they came in while I wasn't there for the pest control (which is fine under our agreement) but I got an e-mail later saying that they noticed I have a lock on my bedroom door, which they say is a "potential fire hazard" and that they must have access to the entire unit at any time for "thorough inspection," and therefore I must remove the lock.

I actually have the lock there so that I can lock my valuables away when they enter for pest control.  I responded to the e-mail saying that I will not be removing the lock and that they have no right of "thorough inspection" at any time without reasonable notice and consent, which is my reading of [Fla. Stat. 83.53](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.53.html).  If they insist on its removal or threaten eviction or to remove the locks themselves, do I have recourse?

Answer:
 They must give you advanced notice, as you discerned.  They also can only evict you if there is a breach of your lease.  They'll have a hard time convincing a judge that you locking your bedroom door violates the lease.

Gladly tell your landlord to fuck off.


Title: [US - UT] Landlord is attempting to charge me for cockroach treatment for my unit AND our neighbor's.

Question:
Several months ago, we noticed a small amount of cockroaches in our apartment. Our neighbors also noticed them, so I called our property management company to let them know, and they said they’d send over an exterminator. They never made it clear who would foot the bill, but they sent over someone anyway. Recently we were notified that WE are responsible for the cost of treatment, and not only for the treatment of our unit, but for the unit above us as well. The cost for this is almost as much as our rent.

We’ve lived here for more than three years now, and the cockroaches were correlated with our neighbors moving in. We never had an issue before then. Somehow, our property managers determined that the two ground level apartments were the “cause” (we live in a fourplex), so we both have to pay for our treatment in addition to our respective upstairs neighbors. I have no idea how they could prove we were the cause of the infestation, and this is why I'm posting here. When I asked them how they determined who caused the infestation, it was based on how many cockroaches the exterminator saw while treating. According to them, he said he saw 4 in our unit, 5 in the neighbor's unit, and none in both units upstairs.

Do I have any footing here? Any help would be greatly appreciated!

Answer:
 LL is responsible for pest control.

that's it.

unless your lease says otherwise. or unless they can really prove it was your fault through some out-of-the-ordinary messiness or negligence.

tell LL thank you for sending the exterminator, but it's their responsibility to provide habitable premises.

unless your lease says otherwise or there's state law on point to the contrary (not likely). Answer #2: Pest control is the landlord's responsibility under the Utah Code.
http://slcohealth.org/envregs/reg03housing.html#pestControl416

"4.1.6. Pest Control. An owner or manager of a dwelling or dwelling unit shall be responsible for the control of vermin on the premises."Answer #3: Don't pay it. If she tries to take the money out of your deposit, sue her. If she sues you, show up in court. She'd have to prove that you were the cause, and unless you had food sitting out, that'd be really damn hard to do.


Title: Recently fired from job

Question:
I work for a major pharmacy corporation, and just recently my 2 amazing bosses got transferred and we got a new assistant store manager who within her first week was yelling about how all the employees at my store suck, and that she had plans to get rid of all of them and replace them with better, new employees that she would personally train. She had planned out to give the old employees shitty shifts, put them on the main register, and give the new employees the sunday shifts.
So, I was recently fired from this job on a claim that they had a audio recording of me "threatening a coworker". I was brought up to the office, not played the recording, and then fired, with no written warning or any warning at all, I thought recording audio was illegal anyways? Can somebody clarify on that? I really need my job right now to pay for school and car insurance and I want to get it back, I just dont know how to go about doing that.
Any advice would be amazing, thanks in advance for the help. I'm just really frustrated right now as I have just lost my job at such a crucial point where I reallllllllly need any money I can get.

Dont know if this was the right place to post this but yeah.

Answer:
 We have no idea if the recording was illegal or not because you didn't post your location despite the multiple prompts recommending it.

Regardless, you should probably move on and look for a new job.


Title: Movie Monday: Do we push to try Kevin McCallister as an adult?

Question:
It's Monday. I want to keep trying this.

So. Home Alone. Let's forget the CPS interviews, the petty theft, the breathtakingly bad police response times, and the other stuff.

Let's talk about a favorite among this sub and r/legaladvice: booby traps.

Kevin has basically, over the course of two movies, demonstrated that he's some fake blood and dark music from being the star of Saw Jr. Clearly the booby traps are SUPER illegal, and a number of them would result in major injury or death.

What's the legal response when a 9 year old murders two home invaders by turning his house into Looney Tunes for real?

Edit: Because the internet and wikis [here's](http://homealone.wikia.com/wiki/Booby_traps) a useful list of said traps. Also JFC there were **FIVE** of these?!?

Answer:
 I don't think that he had the appreciation for the consequences of his actions that would be needed for trial as an adult.

Obviously parents are going to have a significant civil and criminal liability for leaving him alone (twice) in that situation...


Title: Ebay buyer is stealing $1100 laptop without paying because USPS delivered 20 days late.

Question:
Hawaii [HI]. When I paid (insured) USPS 3-day priority shipping USPS made error shipping by sea not air.  After 10 days, buyer opened case with Ebay and got refund.  Ebay closed the case and don't want to help me but gave me buyer's phone/contact info and suggested to ask buyer to return item.  At first, buyer wrote email saying he can ship item back.  Then hours later, he said he won't:  "Disregard the two solutions I presented you in my last message. I just spoke with ebay and was told that I am not required to: comply with your request to return or to respond to your messages."

Ebay also charged me $110 selling fee on this item when I received $0 for this item (lost $1100).
Please help, as I have young kids to support. Appreciate any advice.  Thanks so much.

Answer:
 The only thing you can really do at this point is sue him in small claims court.Answer #2: Did you ship the LITHIUM battery with it
Because lithium batteries get sent ground for the most part. Smaller lithium batteries packed in flashlights are usually okay air.

Some bigger laptop ones go air, some ground and sometimes they change the standards and confuse us clerks so we slap a surface transportation sticker on it anyway to CYA.

Usps does NOT garauntees priority mail. Only thing guaranteed is express mail.

I don't see how they were able to make a claim if you had a tracking number though and could see where it was?Answer #3: Then you are protected by paypal seller protection as long as you required signature delivery for items over $750 and shipped to the paypal confirmed address. Did the buyer pay you through paypal? Did the buyer receive the item and sign for it? What did Ebay say when you called them and told them the item was delivered?Answer #4: and this is why I will never become an Ebay seller. Their support fucking blows for the seller and it's all win for the buyer. Take that man to court!


Title: My psychiatrist dropped me from his practice with no advance notice and refuses to refill my longstanding SSRI prescription. Do I have a case?

Question:
My old psychiatrist was recently replaced by a new one less than a year back and, when I had my periodical meeting, we didn't make any return plans. I haven't seen him since the beginning of this year, but two days ago, when I attempted to get my sertraline prescription refilled, I was told there was a problem and to contact his office. I did so and was bandied around a bit before I learned that I'd been expelled from his practice without any prior notice or warning due to "non compliance". No other reason was given and, thanks to that fact, I'm suffering semi-severe withdrawal symptoms. I'm going to attempt to contact him one final time tomorrow and see if I can work something out, but assuming not, would I have a legal case against him? To the best of my knowledge it's required to deliver a 30 day advance notice if a patient is being expelled, but I could well be incorrect.
Topic:
Medicine and Malpractice

Answer: Take your last prescription bottle to urgent care, tell them you can’t get an appointment with your doctor to get it filled and you are having symptoms of withdrawal. They should give you enough to cover until you can find a new doctor. For SSRIs, doesn’t have to be a psychiatrist to get a prescription. Any primary care doctor can prescribe and manage anti depressants.


Title: [MO] Property confiscated by DHS, received notice of forfeiture, what do I do?

Question:
In the first week of October of this year, my roommate was arrested for distribution of child pornography. At the time, our shared residence was legally searched w/warrant for (I assume) possible evidence. At the time, they confiscated my external hard drive. I was assured multiple times that I would get it back later if there was nothing relevant to the case on it, including the other day when I called the agent who signed the inventory list of what was confiscated on the warrant.

Today a letter came in the mail from Customs and Border Patrol (???) that included that inventory list, appraised its value, and said that "[t]he property was seized and is subject to forfeiture under the provisions of Title 18 U.S.C § 2254, in violation of Title 18 U.S.C § 2252 and Title 18 U.S.C § 2251, which prohibits certain activities relating to material involving the sexual exploitation of minors.

The facts available to CBP indicate that you have an interest in the seized property. The purpose of this letter is to advise you of the options available to you concerning this seizure. Two important documents, an Election of Proceedings form and a Seized Asset Claim form, are enclosed with this letter. You must choose one of the options outlined below, indicate your choice on the Election of Proceedings form, and return it, and any other necessary documents, to CBP within the allotted time frame."

The options it lists are a petition "seeking remission of the forfeiture," which it says must include proof of interest in or claim to the property; "Offer in Compromise," which says I can offer money in settlement of the case in a bank draft or cashier's check or certified check made payable to the CBP, which will "delay the case" and may be rejected; "Abandon" the property by stating I have no interest in or claim to it; or "Court Action," where "on or before December 14, 2017, [I] may request referral of this matter to the U.S Attorney, who will have the authority to file a forfeiture action against the property in federal court pursuant to Title 18 U.S.C § 983(a)(3)," and that if I choose this option, I should check Box 4 on the Election of Proceedings form and complete the Seized Asset Claim form.

What do I do? Literally all I want is my own hard drive back, without having to offer them money they might not take and without having to go to court for it. I don't care about any of my former roommate's things on the inventory list, and I'm pretty much just an innocent bystander in this whole situation, whose device was only confiscated because I had the bad luck to own it while living with a guy who happened to be a pedophile without my knowledge.

Another possible problem was that the letter was actually addressed to my ex-roommate, not me, and I opened it anyway. /o\

TL;DR - Roommate was arrested for child porn, the cops took my hard drive, I want it back, and I've got a scary-looking letter about it, what do I do?
Topic:
Criminal Law

Answer:
 > The options it lists are a petition "seeking remission of the forfeiture," which it says must include proof of interest in or claim to the property....

This. Submit evidence that it is yours. The inventory list and if possible a statement from the agent.
Answer #2: For starters, stop opening mail that isn't addressed to you. It's a federal crime. Answer #3: INAL

Are you absolutely, 100% certain there's no way your roommate had access to or stored anything on your hard drive? Like it was encrypted and password protected?

I'm just wondering about the wisdom of returning a letter saying "yes, that (hopefully clean) digital device in the stack of devices filled with child pornography is mine!"Answer #4: You could hire a lawyer to file a petition to get the drive back. That would almost certainly my cost more than the drive, plus success would be uncertain.


Title: [Oahu, HI] Owner of a house passes away. She had tenants staying there under a "verbal agreement." Tenants just informed the house owner's daughter that they changed the locks to the unit, don't plan to pay any bills or rent, and don't plan on leaving.

Question:
[deleted]
Topic:
Landlord Tenant Housing

Answer:
 So the existing tenants are already a month behind on their rent? The estate executor should immediately post a 3 day notice, and begin eviction proceedings if they don't pay.

Also, the executor should also post a 24 hour notice to repair or quit: change the locks back or supply a key. If they don't, the executor can change the locks back at their expense or begin eviction proceedings.Answer #2: The police will often not get involved in these situations without a court order. It's not their job to figure out if someone's being illegally evicted, a tenant, a guest, a squatter, etc

She needs to go through the eviction process to the letter: give them appropriate notice, take them to court, and then the actual eviction itself.


Title: Texting a student in Dallas, Texas. 25M.

Question: [deleted]

Answer: Hello there creepy teacher. While it doesn't sound like you have done anything illegal, you could very well be let go if the school deemed you crossed a line in the student/teacher relationship. Crossing that line doesn't have to involve anything sexual in nature. There really is no need for you to be texting your students, let alone at 9pm.


Title: [California] My friend got a 5 day a week job. After he joined they changed everyone to 10 days in a row with 4 days off with no pay increase. Is this legal?

Question:
Topic:
Employment Law

Answer: As long as he's getting at least minimum wage, the company is complying with all applicable CA labor and wage laws, and he's in an at-will employment scenario, yes.Answer #2: Pretty sure it's fine as long as the ten days are split correctly between two workweeks.  So if their workweek runs Sunday to Saturday, as long as they're not working Su, M, Tu, W, Th, F, Sa, Su, M, Tu (in which case they'd need to get overtime pay for some of that time), and instead are working, say, Tu, W, Th, F, Sa, Su, M, Tu, W, Th, then it should be fine with no overtime required.


Title: NC 14 year old daughter gave antidepressants to student who overdosed

Question: I am going insane here.  My daughter came home early feeling sick.  A few hours later she came to me crying.  She got a text from a friend saying a student at school had overdosed and was taken away via ambulance.  She told me that morning she had given a friend seven of her antidepressants because he was shaking uncontrollably and was telling her he needed help.  She gave him her pill bottle.  The school called me and told me they found her bottle on the kid.  Then they said they would call me back.  They haven't.  What are we in for?  We are sitting here in dread.

Answer:
 This is where you stop speaking with that school. Or the district. Or police. Or anyone who is not the attorney you have retained to represent your daughter.

Shut up. Attorney. Immediately. There is no middle ground here  and no benefit whatsoever to saying a word about this on social media.Answer #2: Tell her to stop texting friends about this situation. I'd consider taking the phone away. You don't want her to text something to a friend that could be used against her.Answer #3: OK, so first off, make sure she knows not to tell anyone anything without you or a lawyer present. And second of all, the facts that they already have are enough to pretty much sink any protestations of innocence, so don't even try.

I would get a criminal defense lawyer right now, and hope to god that he lives.  In the first consultation, you should state the facts as you know them and ask:

* What is it safe to say to the school, and possibly the other child's parents? How can I walk the line between reaching out and trying to be sympathetic, and not torpedoing my daughter's defense?
* How can I get my daughter into counseling for this? Can you give me a referral? How can I talk about this with my daughter's pediatrician?

Don't say anything to anybody until you've gotten through that consultation.


Title: Huge bank error in my friend's favor (Canada//Alberta)

Question: [deleted]

Answer: It would be fraudulent to spend money he obviously knows isn't his, and he would need to pay it back.


Title: I got robbed at gun point

Question: I got robbed at gunpoint, he got in my car and made me drive to the nearest atm and take all my money out, took my phone, everything. He told me if I call the cops he will kill me. It’s been a couple of days now and I was finally brave enough to go to the police but they were no help, they said I have to file a report and then face him in court but I am fearing for my life and my family’s life since this happened right outside their house, so he knows where to send his friends to get revenge. I do have the car discription and the license plate he was driving, my family has seen him multiple times around the neighborhood since, just parked at random spots for hours. What I want to know is, is there a way to press charges and get this guy behind bars without him knowing it was me?

Answer:
 No, there is not.

Think about it- if you wanted to get back at your asshole ex who broke your heart, you could make a bunch of claims, get him arrested, and send him to jail and he'd never be able to find out that it was you.

Obviously that isn't going to work.  People accused of crimes get to face their accusers in a free country, and they get a chance to defend themselves in court.

So you can participate in that process, or you can decline- it's up to you.


Title: Is this considered wage theft?

Question:
Got a job delivering pizzas and realized very quickly that no one is allowed any breaks, no paid 10 min breaks every 4 hours, no lunch (which I thought they had to at least offer, but you could refuse) at a roughly 40 person store

The manager also dispatches drivers out as "On the Road" while we're on the phone or talking to a customer, putting us "On the Road" for 5-7 minutes while we're actually in store. He also very often dispatches us before the food is even out of the oven, putting us "On the Road" for easily 5 minutes before we reach our cars and every single delivery takes almost 2 minutes "On the Road" before I'm at my car because of bagging food, grabbing sides, drinks, receipt and entering location into GPS. They do this because while we're "On the Road" we make ~$6/hr, but we make ~$9/hr in store.

I calculated it out and we could be missing out on around $400 each per year if we're taking 10 deliveries/day, 5 days a week which is really easy

Is this considered wage theft here or am I missing something important?

I'm new to Colorado (El Paso County) so I really am not sure about this.

Answer:
 IANAL

> The manager also dispatches drivers out as "On the Road" while we're on the phone or talking to a customer, putting us "On the Road" for 5-7 minutes while we're actually in store. He also very often dispatches us before the food is even out of the oven, putting us "On the Road" for easily 5 minutes before we reach our cars and every single delivery takes almost 2 minutes "On the Road" before I'm at my car because of bagging food, grabbing sides, drinks, receipt and entering location into GPS. They do this because while we're "On the Road" we make ~$6/hr, but we make ~$9/hr in store.

> Is this considered wage theft here or am I missing something important?

Yes. You are expected to be performing tip earning duties the entire time you are on the lower wage. Those extra minutes add up which become a saving to the employer.

Your employer likley has a policy in place that precludes this type of action by management, but none of the employee are ever willing to "rock the boat" and point out that this action violates the law.

You should speak with a local attorney regarding these practices.You'd likely have a class action lawsuit on your hand.

There are  **pizza delivery drivers** that have started **forums** to assist each other in addressing these issues. You might benefit from searching for them.


Title: My mentally ill brother in law is charged with kidnapping.

Question:
So my brother in law has schizophrenia and has been charged with kidnapping.

He was staying with his father in Oklahoma who has temporary custody of his grandson(not my brother in law's child)and in a confused state he thought that the child was in danger so he put him in the car and took off.  My father in law called the police who tracked his cell phone and found out that he went across state lines into Texas so the FBI got involved.

He ended up showing up at his mothers house outside of Dallas where he was arrested and they have transferred him back to Oklahoma.

The child was not harmed in any way and my brother in law is not a dangerous person.  He was just checked into a mental hospital about a month before the incident but they discharged him before he was well and so he had been staying with his parents who were trying to get him stabilized.

His family does not want him to be in jail, they just want him to get mental care but we are not sure how this is going to work out since the state is the one pressing charges against him. He also has  He is being held in a rural jail with limited medical care and no psychiatric care.

He has a preliminary hearing this Thursday and we are wondering if there is anything we should know or expect.  We literally have no idea what is going to happen to him but really hope that he can get out and get the mental care that he needs.  We don't have money for a lawyer so he is going to have to use a public defender.

Any advise or observations would be greatly appreciated.

Answer:
 > my brother in law is not a dangerous person.

That is contrary to his delusional state that lead to him kidnapping a child.

He needs an attorney. Don't hope things work out. He will end up in jail or prison. So listen to his PD. That's all you can do now


Title: What will CPS do if I went to the ER by myself for suicidal ideation/severe depression (without my mother)

Question: Title sums it up. I'm 13. All I want to know is what CPS will do. I know it's better to go with my mother but this is just last resort and I just wanna know this.

Answer: Probably nothing they won't call CPS unless you hint or tell them that you are being abused. If you need help don't be afraid to go Answer #2: Nothing unless you show signs of being abused.  If you do, they will investigate.  If nothing is found then nothing will be done.  Suicidal ideations are not a sign of abuse in and of themselves.  Get the help you need.


Title: Do I have a harassment case?

Question: I work in Wauwatosa wi I'm working for two guys who own a jewelry kiosk. They hired me on to manage for them so they didn't have to work all day. They have two employees who are two colored men. The one has disrespected me verbally on several accounts finally I received a text stating "u are fat racist devilish person. That's why you don't have kids now. God will never bless a demon. Your husbands leaving you for a reason." FYI my husband isn't leaving me. The owners are aware of this text and all he said was "ill talk to him. I promise." He is not fired or punished. Then today the owner comes to me and says " a $700 piece was stolen. When you left Saturday it was there at the end of my shift it wasnt. So who's going to pay for it?" I said "it wasn't taken on my shift so I'm not paying for it." So the owner proceeds to say "well we will talk more when the guys are here." So I need to know is there anything I can do legally?

Answer:
 1) Look for a new job.

2) Stop calling people "colored," because this isn't the 1950's.Answer #2: > So I need to know is there anything I can do legally?

Sure, you can stop being a fat racist devilish person. Answer #3: Who colored them?


Title: How can I get my organ returned to me after surgical removal? (Iowa)

Question:
I'm having my gallbladder removed on Thursday. Of course, the surgeon/hospital say I can't have it back when it's out. Can they legally not return it to me, and how can I get it returned to me, if there's a way?

I know it's illegal to sell organs but I don't want to sell it. It doesn't work anyway. I just want to have it. I made it and it's mine. I know there's a possibility that they'll want to send it off to test it for whatever, but aren't I able to say whether or not to do that?

I know it's also a "biohazard," but it can be sealed in something, and it's not like that could prevent me from causing a biohazard issue some other way. (For the record, too, I've been in their ER when the room I was in had random blood on the floor. Nobody seemed to mind. There's bathrooms cleaner than that hospital.)

Whatever they may use to preserve the organ may also be an issue, but again, it can be sealed, or they could just give me my gallbladder and let me worry about preserving it.

Basically, it sounds like theft if they refuse to give me back my gallbladder. It's a really strange theft, but theft nonetheless. I could find absolutely no straightforward answers on the internet, or even in this sub. I'm talking with the surgeon later today to plan, so any advice or information would be appreciated!
Topic:
Medicine and Malpractice

Answer: You can't force them to do anything. If you don't like hospital policy you can try to find another hospital.


Title: My lawyer contacted me today about a car wreck I was in a few years ago to ask how much they should negotiate for. What is a reasonable amount to request?

Question: [deleted]

Answer: This seems kind of backwards.  The lawyer should be telling you what sort of amounts to realistically expect.  I mean, that's part of the reason you retained him or her.Answer #2: Why not call your attorney back and ask for his/her recommendation?


Title: Property management company (landlord) painted over mice dropping in cabinets. I have 6 more months on lease, can I break the lease without consequence.

Question: In the process of cleaning house today when I was wiping down the inside of a kitchen cabinet.  What I was told were paint bubbles from painting the inside of the cabinets are not.  They are most definitely mouse droppings that were not properly cleaned up and were just painted over prior to us moving in.  Now that it has been a while I can only assume that the paint is wearing off and the poop is drying up so the poop is flaky off onto our dishes and cooking equipment.  This is not a small amount it is in every cabinet in the kitchen.  I've had other problems with my management company but this is extremely health hazardous and purposely dishonest.  How should I go about confronting the property management company and is this adequate grounds to break my lease without suffering consequences?

Answer:
 You'll need to contact a lawyer to pursue something called constructive eviction. This is typically used for scenarios where the dwelling is not habitable anymore (heater is broken down and not being fixed in the winter, water doesn't flow, infestations).

If you want out, I suggest going to a tenant/housing lawyer before going through any further steps. You will need to have proof that your landlord is unable or unwilling to cure these issues in a timely manner, so you will likely need to give your landlord a chance to cure within a timeframe. Mice may not be as severe a health risk as fleas or bed bugs, so you'll need to get a lawyer's suggestion on what a reasonable timeframe can be.

I pursued a constructive eviction case against a landlord that rented me a flea infested apartment. I only lived there for a few days getting bitten like crazy before I talked to a lawyer and demanded the flea issue be resolved within 24 hours. The flea company (Orkin) stated in writing that it could take up to a few weeks before all fleas were eliminated, and that was our green light to constructively evict. We sued for damage to our furniture, cost of storage, all of my security deposit back, and all my first months rent for a tune of around $5,000. In total the infestation and costs to move cost me more than I recovered, but I wasn't on the hook for a lease and I got some remediation.


Title: Ex wife brought a goon to intimidate me.

Question:
I live in Oregon in case that matters.
On Christmas Eve I found out my ex wife has started dating the man she rented a room from when she left me. To be clear we are not legally divorced yet, and her leaving was recent enough that we haven't started mediation or written custody agreements yet either.
The next day I told her I would prefer it if the kids spend their nights with me from now on because I don't think that having my sons live with her and her brand new boyfriend is a healthy environment for them. She agreed initially, and left the kids with me that night even though it wasn't my night with them according to our initial custody agreement.
The next day (yesterday) she texted me to tell me that she no longer wants the new arrangement and insisted that we go back to the old one. I argued against that but in the interest of our kid's emotional stability I decided to not push the issue until we start mediation.
Tonight after I got home from work she was to bring my kids to my place for our time together, but she brought a very large man with her that I later found out was a coach at the jiu jitsu gym she trains at. When I saw him I elected to stay at the door step to greet my children but he got out of the car and tried to stare me down. I avoided any eye contact or other interaction him or her to prevent any possible altercations but I could tell he was clearly there to intimidate me.
I have never so much as laid an angry finger on my ex and would never try to intimidate her physically or otherwise.
I don't feel safe anymore. I have no idea what she's planning but I know that she is very manipulative and could have told her large friend an anyone else at her gym anything in order to gain sympathy for herself.
I have documented all of this with dates and such but my question is what can I do about her goon squad? Should I call the police? Nothing violent has happened but I feel as though she wanted me to feel as though it could.

Answer:
 The police will tell you that people are allowed to stare at you. I agree with you that mom shaking up with some guy is possibly not good for the kids, and you should bring that up with the mediator (and in a custody hearing if you have one), but she's allowed to make those choices.

Edit: Mom is probably shaking up with him, but the word I was going for was shacking.Answer #2: So the goon merely gave you the stink eye? Nothing has happened and you have no control over who she spends time with. Seek a modification of the custody arrangement in court if you want to keep the kids away from him. Without documented proof that he is unfit to be around your kids, you are going to have a difficult time modifying the custody.


Title: My friend just had his bank account drained for back taxes his PARENTS owe

Question:
Update: we have tracked down the people on the case and they are reevaluating my friennd's bank statements as proof of his dissassociation with his PARENTS debt. They seem to be backtracking and have told us that he may even get a refund of what was taken from the account. We also will be opening our own accountsto avoid any future targeting by tax bebt collectors. Thanks for the advice. Idaho.

Dear Reddit, A close friend has currently moved in with my husband and I after something strange happened to his bank account. For the past few weeks large sums of money were being taken out but we could not figure out why. When the account balance went to zero we got a letter in the mail from the Federal Government stating that my friends PARENTS owed over $11,000 in back taxes. The bank has told us that they do not know what to do about this and refuse to help. We believe this may have happened because the bank account that my friend has was set up when he was a kid under his mother's Social Security Number which would link anyone trying to collect money from his parent's to HIM. The problem is (aside from the government stealing money from someone who didn't do anything wrong) my friend has never been in debt, has always filed his taxes, works for the state and has had ZERO contact with his parents in years! We are truly struggling to find out why this is happening and what we can do to stop this.  This years taxes have yet to be filed and we are concerned that not only is my friend homeless now, he's been robbed of his hard earned cash and HIS taxes may go to his parents debt.
Due to this situation (and paranoia) I have considered trying to untie my OWN bank account from my terrible blood relatives who are quickly on their own way to debt. My own bank account was opened under my father's name when I was little so I could put the money I earned into my account. I want to make sure this situation never happens to me and would like to know how best to shut out any possibility that I TOO could ever be targeted to pay off a debt I did not create.  What is the best thing to do to help my friend fight this? And how do I go about locking off my OWN accounts and disassociating from my blood family financially?

Answer:
 >because the bank account that my friend has was set up when he was a kid under his mother's Social Security Number which would link anyone trying to collect money from his parent's to HIM.

So if her SSN is still on the account then they can seize his account too.

>My own bank account was opened under my father's name when I was little so I could put the money I earned into my account.

Take that as a warning and open your own bank account without anyone else on it.

Answer #2: If the account had either of the parents name on it then it is subject to their debts. The debtors aren't interested in the relationship and how many times a year they talk.

All persons on a joint account are liable.


Title: Wasn’t given a DUI but I still received a court summons for the incident. Am I in trouble or something?

Question: Here’s what happened: back in October last year I was driving home from work after a long day at work while my blood sugar was high, which makes me feel really lethargic. I swerved and hit the curb a little and out of the corner of my eye this policeman rolls up behind me with his lights on. I pull over and he does the normal procedure of license and registration, which I comply with. I tell the officer what’s going on and he does the breathalyzer, which shows I’m in the clear. He then proceeds to ask me to step out of the car and do all the mobility tests like walk-in in a line and stuff. After that they take me to a hospital to draw blood for blood tests. I get 6 vials drawn and told that if there was anything in my system or anything that they’d send me the results. They did all the fingerprints and photos thing they usually have to do, then made me sit and wait for a while in the station until my wife could pick me up. 10 days pass and there was nothing, as expected. Fast forward to this month and I get a letter in the mail saying I have to appear in court. I don’t know why, what’s the reason for this?

Answer: You were charged with something. I’m not certain on Texas. What does the paper work say? I’m sure it says more than, “appear in courtroom x at y time” ??Answer #2: I’m guessing you may need a medical clearance to drive. Doesn’t sound safe running into curbs.


Title: Ex Taking Me To Court For Harassment

Question:
Hey reddits! So I received a summons yesterday and had to read it about five times before I understand what it was for and to see my exes signature on the page. I have been divorced from my ex husband since 1/16 and have no made an attempt to contact him since 5/16 (I have completely researched my phone records). Apparently while I was having a very private, personal moment of crisis (I am currently dealing with depression) police contacted him and told him that I was threatening to kill myself at his place of residence. I never called him nor has he resided at my house since fall of 2015. To add insult, his name has been removed and is not on the deed of the house. I don't even know where his "residence" is! I have no idea what system they used to find him as my emergency contact but it's completely inaccurate as I've taken every legal step to cut off all ties with him.  Should I hire an attorney? Will a judge see this is not a harassment and dismiss his complaint? Was there a personal breach of privacy about my medical condition since I am no longer married to him? My court date is next Wednesday so advice is needed ASAP!

Edit: Court is in NJ
Topic:
Criminal Law

Answer: Sounds like your ex is using the legal system to harrass you. Do not miss the hearing and if you can at all mange to, bring a lawyer.


Title: 3 people on a 3b2b lease, trying to sublet to a Mother and father with 2 children.

Question:
So I am currently in a year long lease in a duplex here in texas. We want to move out 6 months into our lease and were told by the office we could sublet the place if we found someone. I found someone who is perfect and meets all the qualifications but the office manager (who i think is trying to screw me) says that because of the fair housing act that only a family of 3 can move it because there can only be "2 heartbeats per room".

I'm not sure what the law is, but we are signing something stating that we are moving out and i don't understand why that can't be enough for a family of 4 to move in?

Can someone please explain to me before i make a fool of myself to the office management?

Edit: Sorry that was a bit confusing. Me and my other 2 roommates are moving out 6 months into the lease. The office management said that we could sublet the place if we found someone. So far everyone we have found that meets the requirements the office either finds some BS reason, or they find a different apartment on their property to put them in. I had a Mother and father with 2 kids that called me wanting the place and when they went to apply, the office management called me and said that because there were 3 people on the lease that 4 people couldn't move in because on the 2 heartbeat rule. Then the office turned around and found a place for them in the apartments (It just seems a little fishy to me). I was just confused because technically there would only be that family of 4 living there.

Answer: Huh? You're all moving out? And 4 people are moving into a 3 bedroom? So how do they work out that there are more than "2 heartbeats per room"? Or are you saying that you're trying to rent one bedroom to 4 people? Or some variation of same? Perhaps you could clarify?


Title: My 65yo Mom fired on Christmas for allegedly "hitting" coworker [CA]

Question:
I just found this out- my mom who is a senior and in no way a violent person has been fired from her job because she allegedly hit a younger male coworker in the stomach.

Initially she was *suspended without pay*, but got a letter via UPS on Christmas stating that she has been fired.

Here's what I know:

1. There were **no witnesses to the allegation**, just what the guy said.
2. He **took two weeks to report it to HR**
3. My mom has not admitted to anything and doesn't remember this happening. I've told her not to apologize for anything and not to talk to them at all.
4. **Her employer sent her 1 week extra pay**, which I've told her not to cash since it could be construed as a settlement.
5. **She's worked there for three years**, and has no prior HR issues to date that I'm aware of.

She's a very kind and generous person, and I'm worried that this will both financially hurt her, as well as mean that she won't get any kind of recommendation, which will make it even harder for her to find a new job.

Answer: She should file for unemployment while she looks for a new job. She should take the extra pay. Her employer is not a court of law and she has no right to any sort of due process absent an employment contract or CBA. It is not illegal to fire an employee based on an allegation. Answer #2: Does she have a contract? Is she in a union?


Title: If I play poker with someone, without cash, but he transfers me money later because "he owes me", would that make it legal?

Answer: You would need to provide your location. Generally speaking, timing of payment doesn't matter. If it's illegal gambling it's illegal gambling, whether you get paid at the table or later through paypal.


Title: [MO] Is there a way to claim ageism harassment even thought I'm not over 40 years old?

Question:
Basically, I receive a lot of harassment in terms of me being the youngest in my office. I'm 23 years old. Everyone is 40 years or more my senior. I'm never taken seriously, and never treated as a colleague, but more like a child or grandchild would be.

Instances are similar to these:

"She's just a baby"

"Don't say that around her baby ears"

"You're so young"

"Do you know what (insert some common concept) we didn't know if you would know what that is or how to use it" <-----this instance is varied.  More likely than not it is usually something so commonplace, it is meant to make me feel sub-par. One time was about Facebook. Which. Who doesn't know about Facebook??

I am undermined and not taken seriously because of my age. Am I being too sensitive? Or is there something else I can do to report this? HR is not helpful at all.

Since I am not 40, I cannot claim ageism discrimination with the EEOC. Any advice would be helpful!

Answer:
 So Federally, no, it's not illegal discrimination if you're under 40.  I don't believe MO has some type of protection for those under 40.

Have you tried having a serious conversation with them?  Tell them you'd like to be treated like a professional and the constant comments about age is sort of stale and is becoming a little bothersome.  A lot of people do those things thinking that you're glad you're young and they don't look at it the other way that it's condescending.  A quick conversation might clear it all up.


Title: [FL, US] Mom bought a wedding dress for her future DIL. Bride to be and groom broke up. Bride won't give back money.

Question:
Throwaway just to be safe.

My brother and his then girlfriend got engaged. In February this year, the bride to be, let's call her "G", picked out a wedding dress and my mom bought it for her. It was $750 and she put it on her credit card. G broke up with my brother, "J", in mid-June. G gave the engagement ring back. One of the first things G told my mom after the break-up was that she would be able to return the dress and get a full refund. The dress was never even in G's possession. G returned the dress and got a full refund, in her name and not my mom's. She never paid my mom back. Since the middle of June till now G has been saying different things acting like the bridal store (a well known chain) is giving her a hard time about the refund. With the help of G's mom, who also wants G to pay my mom back, we found out that the refund check had been cashed June 22nd. We have text messages after the 22nd, from G claiming that the bank wouldn't allow her to cash it due to a negative balance in her account. She also claimed that the bank wouldn't allow her to cash the check because the check was written out to her nickname and not her full legal name. The bridal shop's policy is to always refund the money to the bride and that is why the refund check is in G's name and not my moms. So, in order to get this money back where should we turn? Should we take this to small claims, should we try to get money from the bridal shop? What's your opinion? Any help is appreciated, this whole situation is putting stress on everyone, especially my mom.

Answer:
 Go to the store and tell them they refunded the wrong person. The refund should have been processed back to the card that paid for the dress.

Other than that, small claims against DIL is the only other option. Answer #2: Related question: what store refunds $750 to something other than the payment card? Seems risky.Answer #3: How did G return a dress that was never in her possession? Did your mother give G the dress to return after the wedding was cancelled?Answer #4: This is going to be about rings, not dresses, at least at first:

Each state generally has a local policy on engagement rings -- some states consider them "gifts in contemplation of marriage" that cease to be the property of the recipient once the wedding is off.  There are some states that care about which party caused the wedding to be canceled.  Some consider the ring to be an unconditional gift.

It appears as though FL follows the second rule:  If a wedding is canceled by the recipient or by mutual consent, ownership of the ring returns to the giver.  A 1976 case "Gill v Shively" 320 so.2d 415 seems to control this, and a 2013 case makes reference to it.

I would expect a wedding dress would probably follow that same local rule -- but in a brief casual search I couldn't find anything directly on topic.


Title: I’m informally separated for 4 years. We haven’t spoken. Will I owe her money? How do I divorce quickly ?

Question:
I’m in New York.

Married since 2012. Split up in 2014. Bad marriage, we haven’t spoken in years. She’s with someone else in a different state and we’ve both moved on.

Will I owe her alimony ?? How can I initiate and finalize a divorce ASAP without her signature ???
Topic:
Custody Divorce and Family

Answer: Hire a divorce attorney and follow their instructions. They can look at your specific situation and offer the best advice. If you can get hold of her through your attorney and get her to sign off on the divorce it’ll be much easier.


Title: [PA] My therapist informed me just now, that my insurance rejected covering me. I've just been informed that my insurance discontinued coverage LAST MONTH resulting in me having to pay out of pocket at $400 a visit.

Question: Wondering how I should approach this. I have very little knowledge about health insurances. Ideally I'd like to pay nothing since this was an absolute surprise. The therapist said he was informed about the insurance rejecting the payment just now, but I still have to pay the fee out of pocket. Haven't contacted my insurance yet. I'm still pretty surprised at the situation. Any advice will be greatly appreciated.

Answer: You need to work with your insurance first. Any advice beyond that will be dependent on what happens with them.Answer #2: It’s your responsibility to ensure your treatment is covered by your insurance. You have no recourse. You need to contact your insurance and find out what *is* covered so you can seek treatment.


Title: Ex Threatening Sexual Harassment Allegation

Question:
Note: I'm in Australia and Australian legislation applies.

TL;DR:
I dated a girl in high school.
I'm now employed at the school and no longer dating her.
Her parents have accused me of 'fucking a student' (their daughter).
In reality I dated their daughter BEFORE I was an employee. Both of legal age.
AFAIK she dropped out before I was employed.
I'm Australian.
Police now want to interview me, what are my rights?

Longer version/Details:
While in high school I was dating a girl two years below me. A few weeks after me gaining employment at the same high school in an administration position we broke up. She (AFAIK) dropped out of the school at the end of the year before I was employed. Her parents are kinda dodgy (involved in drugs (growing weed)/lots of name changes/etc) and are paranoid I'm going to dob them in (I'm not - I couldn't care less). Around 6 months ago (shortly after the break up) her parents threatened to submit a complaint to my employer claiming I slept with a student (ie their daughter).

Recently police visited my work places (two different school sites) and questioned both my bosses, took statements, etc. Rumor is police now want to interview me, I'm curious as to what my rights are and what I need to tell them / what I can get away with not telling them.

Should I be denying that anything at all happened?
There's evidence we dated (which I'll happily admit to them), unsure on evidence about if we did things.
At the time it was legal either way (both of age, not in position of power over her, etc etc) though with my current employment it wouldn't be now.

I know the mother has borderline personality disorder and a history of serious fabricated accusations.
I have evidence of her original threat to submit the accusation.

Answer:
 NAL

Even the insinuation of sex with a student could have serious implications on your career with the Education Dept.

Your priority is to speak with a lawyer, lay out the entire story and follow their advice. You don’t want to speak to the police without them, or at least their guidance.


Title: Is it illegal to import food from Pakistan without permission and serve it in a restaurant (California)

Question:
I went to an Indian restaurant and ate something that tasted very good but gave me a mild reaction.  I have an onion allergy so I asked the server if it had any onions.  He said he didn't know but would ask the chef.  The chef didn't know either.  I asked if he could check the ingredients.  Then the chef came out to the table and explained that the spices used in that dish were brought from Pakistan.  I said that the company imported them should still have an ingredient list.  He said that  there was no company that imported them, he just brought them in his luggage.

I can't imagine that this is legal.  It wasn't a problem for me (mild allergy that I can deal with) but if they don't know what is in their food, it could cause issues for someone else.  Should I be reporting it to someone?

Answer:
 Importing spices for commercial purposes requires prior notice with the FDA.

See:

 [https://help.cbp.gov/app/answers/detail/a\_id/337/\~/importing-tea%2C-coffee-and-spices-for-commercial-purposes](https://help.cbp.gov/app/answers/detail/a_id/337/~/importing-tea%2C-coffee-and-spices-for-commercial-purposes)

and

 [https://www.fda.gov/food/guidanceregulation/importsexports/importing/ucm2006836.htm](https://www.fda.gov/food/guidanceregulation/importsexports/importing/ucm2006836.htm)

&#x200B;

If this guy didn't do that (and it seems like things are being handled casually enough that he probably didn't do that), he's in violation of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002.  Or at least he was when he crossed the border, assuming that he brought those spices in after 2002.

&#x200B;

On the other hand, I'm not sure that the customs and border patrol or the FDA are going to be sending agents out to small Indian restaurants which may have bootlegged spices from Pakistan at some point in the past.Answer #2: NAL, but if he checked the bag in through customs then I don't see any reason why bringing the spices into the country would've been illegal. Nor is it illegal, as far as I know, for a restaurant to not know or share the ingredients in their dishes.Answer #3: >I went to an Indian restaurant and ate something that tasted very good but gave me a mild reaction. I have an onion allergy so I asked the server if it had any onions.

I have an onion allergy too, plus my wife is Filipino. The advice I wanted to give you is that:

Many countries allow onion to be labeled under the generic ingredient "spices" on ingredients list. This is especially true of Indo-Asian countries. So even if it was imported lawfully and labeled as such, you may not be fully certain if it contains onion. I have learned from my experience to assume Indian food always contains onion, sorry.


Title: Is there any legal way I can force my grandmother into a nursing home against her will if she is a danger to herself or others?

Question:
My grandmother has had pretty severe alzheimer's ever since her husband died. She has three daughters; one is estranged from the family, one is an alcoholic, and one is my mother (eldest daughter). So my mom has seen the writing on the walls for some time but time and time again she refuses to do anything about it. She continually takes things said by my grandmother really personally and treats it like it's just some normal family feud. So she refuses to talk to her, rather than doing the responsible thing and getting help.

But recently my grandmother has become violent. She called my mom in the middle of the night threatening to kill her, and on at least one occasion she has attacked my aunt by hitting her over the head with the phone. I'm not positive but I'm pretty sure she has firearms in the house that belonged to my grandfather.

I am very concerned that someone will get seriously hurt before my mom ever decides to do anything. She has recently told me that she is never talking to her mother again and is "washing her hands of the matter."

So my question is; is there anything I--the grandson--can do, legally, to take over and call in somebody to come and take her out of her house and into care? For clarity; I'm a 30 year old man, not a minor. I live overseas but have residence in Texas. My mom lives in Texas and my grandmother and aunt (the one who's not estranged) live in Kentucky. I'm an educator. In other words, I'm not rolling in it. but if need be, maybe I could get together with my brother and maybe cousin to see if we can do anything.

Answer:
 Contact Adult Protective Services in your area and ask if there's a way you can assist your grandmother.

You can also petition the family court to have your grandmother declared incompetent, which will allow someone to take power of attorney over her and make all her legal and financial decisions.

Your grandmother sounds like she's suffering from dementia, and reaching out to a medical professional who handles the elderly with these conditions would be beneficial.


Title: Is there a way to prevent my one living parent from being notified of my death? Or any of my biological family ?

Question: Basically, I know that next of kin are typically notified when someone dies. However, I do not have any type of relationship with my one living parent and I do not want her to know when I pass. Is there anywhere to circumvent this ?

Answer: Short answer, no. It would be public information but unless they would go looking, no one would know unless they tell them. They'd be told in absence of a will (estate is usually divided between family members depending on local law) but if you name a seperate executor and don't include them in the will then there wouldn't be a legal reason to inform them. You'd have to talk to a local lawyer about that.


Title: Stolen/Not delivered Package sent by NEWEGG. No refunds/2nd order

Question:
So after an excruciating 2 months of having to deal with Newegg, Fedex, BBB and Paypal to recover my money or the purchased items for my new computers, Newegg has decided not to grant my claim. Paypal has declined my claim as well because they had proof of delivery and Fedex sent me a copy of the report as well. But it all smells like someone scam or stole my purchase.

To better explain my situation, let me begin from the very beginning. I bought 2x computers (all in pieces) for my wife and I through Newegg because i had used them before and their ETA were on point. Everything started when i noticed that my packages were divided in 3 deliveries with very different times in all of them because of backorders. I did not put much thought into it but my 1st and 2nd package came through with no issues after a week and half of waiting, which by the way was 2x HDDs and 2x Power supplies. The main package which would include basically all the other components valued around $2,500 was never delivered to me. Although Fedex stated in their report that was left at the door.

Now let me begin by saying i live in an apartment complex with no access to a door for delivery because im in the bottom floor, and the delivery door is at the 1st floor which is always locked unless the person of delivery is called via telecom and physically comes to the door and opens it or they know the tenant's pin to enter.

My wife works at home so i can confirm that it was never delivered or attempted to be delivered. However they claimed otherwise. Meanwhile i was working with Newegg and the claim on their side i had to file a police report, the officer was unable to find basically anything regarding the stolen property and it was left at that.

After 1 month of run around Newegg decided to shutdown my claim without any notifications or emails i had to find out by calling corporate because the middle man i was working with did not even had a reason why was denied. Eventually i got in touch with this James person who told me sorry but we aint refunding or sending you anything, i demanded to speak with their supervisor and never got a reply from them. Now when i call regarding that claim they refuse to even discuss matters with me anymore and hang up, literally.

Paypal basically cleaned their hands with the fact fedex claimed that i took the package when i did not and BBB (best business bureau) says that because the newegg company attempted to work with me the case is now close on their end.

I don't know what to do, a friend recommended doing a home insurance claim but that'd increase my insurance for almost $100 permanently and is just so not worth it. Is there anything i can do to fix this issue?

To make things worst the apartment complex where i live has 0 cameras so i have no hard evidence of this issue just an unsigned package stolen or never delivered. After i spoke with other residents i noticed they had similar issues with their deliveries and it looks like either someone is stealing them or the delivery company is underhanded and keeping them because they were marked as no signature needed for whatever reason.

Thanks.

EDIT: Louisville, Ky *USA*
Topic:
Other Civil Matters

Answer:
 Hi Belliax, We're sorry to hear that one of the packages from your recent order was stolen. We'd like to look into this for you and provide you with any other options that may be available. Please feel free to email us at wecare@newegg.com with your order number and details. Thank you. ~Newegg SupportAnswer #2: Not a lawyer. Not even legal advice. But as someone who used to deliver packages for fedex, 99.9% of the delivery drivers don't even look to see what's in the package or have any interest in possibly losing our jobs over stealing a possibly worthless package. You probably have a neighborhood thief. I would recommend having your packages rerouted and stored at a close fedex office store and pick it up yourself.

Do you have any windows pointing out? Maybe set up a security camera of your own that watches your doorstep? Did you pay using a credit card through paypal? If you did, you can file a chargeback.Answer #3: >Newegg has decided not to grant my claim. Paypal has declined my claim as well because they had proof of delivery and Fedex sent me a copy of the report as well.

Look, I sympathize, but the retailer has done their part. With many packages going missing, it sounds like a thief, most likely *not* a driver for a delivery service, IMO, but a resident. Regardless of *who* the thief is, why should Newegg cough up for what FedEx claim is a *delivered package*?


Title: $8000 fraud put on Wells Fargo card, told we aren't getting our money back

Question:
On July 28, 2016 we got fraud on our account as someone withdrew money using our online account but didn't see it till the 30th because we were on a cruise. The bank in said that someone internally at Wells Fargo most likely took our money by having access to our account information and changed our passwords then stole the $8000 on the account. The bank is telling us we are out of a "24hr fraud claim window" that was set "by the government". We are ready to get a lawyer and go after them for basically stealing our money but I was wondering is there anything we can do before we get a lawyer or is there even a national law about fraud and its claim time? We live in Houston, Tx if that helps.

Edit: NOT DEBIT CARD, WAS TAKEN BY TRANSFERRING THOUGH ONLINE ACCOUNTS

Answer:
 From Wells Fargo online, not sure if link will work if not logged in.

You have 60 days to report fraud.

"The bank is telling us" - who? The branch or the corporate online fraud department? You need to call fraud department. 1-866-867-5568

https://www.wellsfargo.com/privacy-security/guarantee/

Our Guarantee

We guarantee that you will be covered for 100% of funds removed from your Wells Fargo accounts in the unlikely event that someone you haven’t authorized removes those funds through our Online Services. To qualify for this guarantee, you must follow Your Responsibilities below.

Online Services means any Wells Fargo Online® or Wells Fargo Business Online® services you use to initiate consumer, business, or brokerage monetary transactions (including trading losses incurred through unauthorized access and activity): (1) online at wellsfargo.com or wellsfargoadvisors.com, or (2) on your mobile device, via text at our 93557 short code, or via one of our Wells Fargo Mobile® downloadable applications.

Exclusions

The Online Security Guarantee does not apply to services offered through Wells Fargo Business Payroll Services, transactions made through the Commercial Electronic Office (CEO®) portal, or transactions made through Wells Fargo Retail Services’ Merchant Online Resource Center.

Your Responsibilities

To qualify for the Online Security Guarantee, you must:

Not disclose your personal account information to others (including your ATM PIN, online username, password, one time codes, or any other security credential you use to access your accounts), and
Promptly report  incidents of unauthorized account access or use by calling the number listed on your statement or on the back of your card. Incidents should be reported within 60 calendar days after the date we send you the account statement showing that unauthorized activity.
You must also cooperate with our claims representatives, and comply with our requests and procedures, during the processing of your claim.


Title: ILLEGAL ARREST! Where to go from here?

Question:
Recently, a good friend was pulled over for a "broken tail light".

Cops made friendly conversation for a minute then suddenly changed their tone and ordered him to step outside of the vehicle. When he did so, without receiving consent or informing my friend, they began to search his car and found a small amount of marijuana. He was arrested and jailed and posted bail the next day. He is facing charges for marijuana possession.

His tail lights are fine, brake lights work; everything. He also has records from mechanics over the last two months showing everything with his car to be in good working order. I believe the traffic stop was illegal and so was the search and the arrest. He spent all of his money on bail but I am willing to help him if he needs to see a lawyer.

Any advice is welcome.

Answer:
 > Cops made friendly conversation for a minute then suddenly changed their tone and ordered him to step outside of the vehicle.

Legal.

> When he did so, without receiving consent or informing my friend, they began to search his car and found a small amount of marijuana.

If they have probable cause, they don't need consent and have no need to inform him of their intent to search or of the reason for the search ahead of time.  Also, the odor of marijuana is probable cause for a search.

> I believe the traffic stop was illegal and so was the search and the arrest.

If your friend can demonstrate that there was no initial probable cause for the stop then the evidence can be suppressed in court.  The full explanation of the probable cause for the stop should be in the police report.  Your friend can get access to that after he pleads not guilty in court.

And yes, he almost certainly needs a lawyer.
Answer #2: Although I suppose it's possible your friend was pulled over by actual psychic cops who just knew he had weed, odds are equal, if not better, that the stop was righteous.  Either way, unless you yourself have a law degree, the only thing you can do is pay for a criminal defense lawyer.  So start shopping around and hire the one you like best.


Title: (Florida, USA) [Cross-post from /r/ATT] AT&T Scam is Got Me Charged $100+ Dollars for Installation

Question: Some guy went door to door saying AT&T was installing a new fiber optic connection in the neighborhood, promising me higher latency and no "slow" hours when traffic is high. I signed up for it, and the next day after work, I came home to a new hole drilled in my wall and a DSL modem in my living room. I cancelled the same day and sent to modem back. They still charged me >$100 for installation. I called to confirm this and they said that while the service was cancelled, I still have to pay for the installation charge. Is this legal?

Answer: So you agreed to the installation and cancelled after they had installed the new connection?


Title: Issue with Therapy

Question:
I went to a first session of therapy at request of my lawyer as I'm putting together a sort of plea deal to have the charges withdrawn.

It went terribly. Really bad. We butted heads and I considered not returning. It seemed like a massive waste of money. I felt I could better handle my 'issues' on my own.

Eventually my lawyer asked to 'meet' and he went over notes that the therapist sent him about me for an hour (thats like a 5x more expensive "review session").

The lawyer really opened my eyes that I was resisting therapy. I went in with the wrong intentions, to just fulfill this angle of defeating my charges (which I can't lie remains the reason I'm going). I think I'm just afraid to be vulnerable. In hindsight I'm surprised the therapist didn't call me out on this. The therapist mentioned to my lawyer that he thinks he "can't help me" but I'm interpreting this to mean because I'm not willing to first let him in.

I left that meeting feeling like an absolute shithead. I've been watching youtubes about the process. The lawyer told me to just trust the process. I am skeptical.

My question is, am I "actually" supposed to show up and put on a bit of a show. As much as the lawyers and court say its for my benefit, its not actually, is it? This therapist will likely testify if the case goes to court. Should I just be on my best behavior? (this isn't court appointed, it was my decision at request of my lawyer) This leads me to my next question...

How open with my therapist should I be? There's a reason I was distraught that day that I failed to mention to him... Now that I know he's reporting directly to my lawyer, I'm sort of glad I didn't mention it. How open should you be with your therapist? Unbridled honesty? How about your lawyer?

Any other tips about this process are greatly appreciated. You can smell the anxiety off my post. Thanks guys.

Answer:
 > How open should you be with your therapist?

Totally

>Unbridled honesty?

Yep

>How about your lawyer?

Him/Her tooAnswer #2: As a therapist, tell your therapist about your anxiety about going to therapy and opening up. That's part of where you're coming from. It'll also help start a dialogue and allow the therapist (who is also a person who's feelings can be hurt) some insight as to why the first sesion was tough.


Title: Pregnant and At Will

Question:
Hello, fellow law enthusiasts!
My coworker has recently announced she may be pregnant, and one of our managers all but straight out told her when she starts showing she's gonna have to go, either of her own free will or not.
I've only been here a few months, but one of my other coworkers mentioned that hearing that made him realize how often he's seen servers fired for pregnancy in his time there.
This strikes me as a gray area, not only because she's an at will employee but we're a bar, so the regulations are even looser than usual, and there's no HR to go to.
Anyone have experience with something similar? Resources for Michigan's at will worker rights would also be helpful.
Thank you in advance!

Answer:
 Even at will employees are protected from discrimination. The Family Medical Leave Act protects employees who take leave for having a baby if the employer falls under the qualifications for the law. There is also a Pregnancy Discrimination Act that protects pregnant women from being fired for being pregnant. If the manager told her or even strongly implied that she would be fired when she starts to show that is a very good case for discrimination.  The employer can claim that firing her is for some other reason, however, it seems like your coworker would have a good case especially if she can also show a pattern of pregnant women being terminated, laid off, or having their hours drastically reduced or even being treated poorly so they will leave voluntarily. Answer #2: It's probably not a grey area so much as it's a "emphatically illegal" area. Her smartest move would be to talk to a lawyer who works in employment law sooner than later to decide how to move forward. Answer #3: I'm in GA, I worked at a restaurant that had cases brought about because they used to fire pregnant women, well they don't fire pregnant women anymore ill tell you that. Good luck hope that gives some inspiration Answer #4: It is not a gray area. Pregnancy is a "protected category" such that she cannot be fired for that condition. The "at-will" doctrine is limited by civil rights and disability laws which prevent employers from using "at will" status to fire people on the basis of race, gender, sexual orientation, pregnancy, veterans status etc.

They may try to provide some other reason they chose to fire her, but this will likely just be a  pretext you can defeat. Good luck!


Title: Why does my job pay me less than minimum wage? (CA)

Question: I'm not really looking for legal advice per se since I am sure what they are doing is legal but why does my on campus job (work study) pay me less than minimum wage? I thought I would be making 14 dollars an hour but turns out I am only making ten. Can anyone give me any info on why this is legal?

Answer: State agencies (including State public Universities) are exempt from local minimum wage. However, if employed by a private affiliated corporation work at the university (like the bookstore or on campus restaurant), they wouldn’t be exempt. It’s a weird loophole that’s been affecting Berkeley and San Francisco, but relatively fewer other places.


Title: [Florida] Bought a sick puppy, breeder not paying medical bills

Question:
Hey guys I just wanted to get some advice before pursing this any further.

Yesterday I bought my puppy at 6:30PM for $500. I signed a contract where one of the terms was that the breeders are in no way liable for any medical bills after purchase. The same contract also said that the puppy was healthy on date of purchase.

He slept in my lap on the way home, when I got home he slept more, and then woke up and puked. He was obviously sick, so I took him to the vet the next morning as early as possible. He's still at the vet at the moment.

I asked the breeders to pay the medical bills, as he was sick before purchase and they got extremely defensive and called me a moron who hates dogs and only cares about money, and just acted EXTREMELY unprofesional about the whole ordeal. I just told them I'd be taking them to court in response. I acted nothing but professional but they got extremely defensive.

I'm not asking a refund on the dog, I just want the medical bills covered, because I did not sign a contract for a sick puppy, I was under the impression that he was healthy and a trip to the vet today proved he wasn't. Currently the vet bill is at $300+
Topic:
Contracts

Answer: Florida has a "puppy lemon law." You can read it in full [here](http://www.freshfromflorida.com/Divisions-Offices/Animal-Industry/Consumer-Resources/Consumer-Protection/Pet-Law) or read the abbreviated version [here](http://www.consumeraffairs.com/pets/lemon_fl.html). In reading the statute, pay close attention to section 6.


Title: Can i deny entry of my house by the fire department for fire inspection?

Question: Eden Prairie, MN. Fire department want to do a fire inspection in my home as well as check smoke detectors. Do I have the right to refuse this?

Answer: What grounds do you feel you have to refuse?Answer #2: If a fire starts at your property, it could potentially damage other structures and hurt other people. It doesn't just affect you. I urge you to consider how selfish it is to jeopardize the safety of your community just because you don't want someone in your house. If your house catches fire and other peoples' homes are destroyed, or god forbid someone dies, are you going to be able to live with that?


Title: Found out my master program at a top university is rigged. What should I do?

Question:
I am in PA.
Hello guys,
I am an international student going to grad school in the U.S.. My school is very famous in the field I am studying. I found out that the director of my program has done a bunch of unethical things. The most obnoxious one is discriminates against international students. I could see it from the way the director grades international students and American students, and the way he talks to international students and American students. And I need to say that I am not the only one feeling this way, other American students and international students have the same feeling. Even up to now, I still cannot believe the at a U.S. top school, such a bureaucratic program exists. The funny thing is the director is even not American...

I've planned to talk to the dean of my school next week and let him know about this. But of course I know, if I do not have evidences, I cannot prove that what I am saying is right. So I've decided to secretly record the conversations I have with the director in the future. I wonder if these recordings could be use as an evidence?
Also, may I know when it comes to academic integrity issues like this, which way is the most efficient for foreigners to protect their rights? I really doubt how effective my talk with the dean is going to help me out. At the same time I feel like I really need to report this because first of all, I am hurt; it is a very very bad for me to feel what you put in does not reflect how much you get back. Also, another reason is that I do not want to see other people falling into the same trap as I did.
Thank you guys very much!

Update:
I just want to say thank you to all of you guys who replied to my question. I am grateful that Reddit is such a community where no matter who you are, you can always get support and help from people who you do not know. In terms of my question, it seems like there is NOTHING I could do with that. I'll find a way to adapt myself to it and see anything could happen. Again, thank you guys very much!

Answer: Its illegal to secretly record people most places. That said what are you thinking they would say? Cause unless its "I intentionally discriminate based on national origin" you really don't have a case. Usually cases like this are a student saying someone is biased against a group and it becomes an issue of perception. When it sticks its when theres specific targeting of an individual. That you didn't even tell us how/why you think theres wrongdoing makes me think its a perception issue.


Title: Uncle got into accident, not at fault, other insurance claims that they domt insure the vehicle on the polic report.

Question:
So this has happened twice already and I don't know what I'm doing wrong.

So my uncle was hit by a woman changing lanes. They pull over and call the cops. Police come over make the report. On the report everything is there except the drivers license number( blacked out due to privacy) and the policy number is all zeros. So I call my insurance company (were under the same policy and he's clueless) and he talks with the other insurance company they set up a claim and was told to call a few days later after they get everything sorted on their end.

 So I called today and the person I talked to told me that according to the vin they do not insure the vehicle listed. Now my guess is that it was bogus insurance and the woman never had insurance to begin with.

My uncle claims the officer was being kinda off with him since the officer would not let him personally collect the info for his own records. We live in R.I., kinda corrupt so I'm not gonna fight that.

So what do I do now? Am I approaching the insurance company wrong? Can I go to the police department and get the driver's license number to sue her or something?

Last time this happened in an unrelated event, with the complete info, the other parties insurance company told us a similar story. They claimed that they did not insure any vehicles in our state. Damage was minimum so we just dumped it.

Answer:
 > Am I approaching the insurance company wrong?

If they don't insure the vehicle, they don't insure the vehicle.  There's no "right" or "wrong" way to go about that - either they insure or they don't.

If they don't(or if they do and won't pay out) then you sue the other driver.  You don't need her driver's license number for that.


Title: [USA] Found a bunch of legal documents, don't know what to do with them.

Question:
The other evening I came home to papers scattered in the street in front of my house. Today I went to pick them up. They're papers having to do with a child abuse case. There are scans of police photos of bruises on a teenager, copies of police statements from the teenage daughter, CPS forms, texts from the girl to her friend asking to stay at the friend's house because her mother had attacked her, a court summons for the mom, etc. I also found the mom's laminated Social Security card, which makes me think it wasn't a lawyer who left papers on top of their car and drove away. The incident happened last March.
So my question is, who do I call?
Thanks friends.
Topic:
Other Civil Matters

Answer:
 Unless it is obvious to whom they belong, I would call the police non-emergency line.

Look for identifying marks, such as an attorney signature line, any coversheets or letterhead, etc.


Title: [OR] Son's name on a sexual predator list in girl's HS Bathroom

Question: Obviously there isn't any proof, and no one has been charged with a crime. What are my legal options against the school, or individual students? Has gone public, and been shared on social media.

Answer: Can you prove who wrote it?  If not it’s a moot point.  Call the school administrator and tell them about it and ask them to take action to clean (or repair as necessary) the location where it is written.Answer #2: What is the nature of this list?  Is it an official list, or are girls just adding names of boys who, in their opinion, have behaved in a predatory manner towards them?


Title: Improper cataract surgery and the doctor wont disclose what went wrong.

Question: Location: Las Vegas........Need some advise....my grandmother's left eye has been an issue to her for a couple of years but nothing serious. Mainly glaucoma and a very minor cloudiness which never really bothered her. Her eye doctor recommended that she get cataract surgery which she initially refused but after several visits she was convinced by her doctor to get the cataract done. The doctor said there is nothing to worry about and that it's a quick 20 min procedure. Well, the procedure took about an hour and a half to complete with the doctor intermittently calling other doctors (yes, plural) for direction and advice. From my understanding he had trouble inserting some lens into her eye and possibly tore something. Immediately after the surgery, we were told to visit another surgeon who told us that a follow up surgery was required. No sure why exactly but from my understanding they needed to stitch something inside the eye. After my grandmother had the second surgery, we had to see the second doctor that performed this surgery everyday for a month!!! Yes, 5 days a week. This turned out to be a horrible experience and not an easy 20 minute procedure. After all this, my grandmother now has worse vision and uncomfortable pain in her eye. We still go to the doctor on a regular basis so he can prescribe her some specialty eye drops but keeps us in the dark about her procedure and future outlook. Can someone please give me some advise on what to do?

Answer: She or somebody who advocates for her can consult with a malpractice attorney. It's very fact specific. A surgery not going as well as plans doesn't necessarily mean the doctor did anything wrong. All surgery carries risk. Generally you have to show that the standard of care was not followed or there was some other type of negligence.Answer #2: When you asked the second physician to describe the problem, what was his or her response?