Title: Credit card fraud doesn't stop even when I change cards, and I'm stuck between two blame shifting companies (Maryland/USA)

Question:
So I've had an issue the last two years where I have a $7.00 monthly charge on my credit card. The problem is that when I dispute it, I get the money back and get a new card, but then it continues again on the new card. I had to ignore it for a couple years due to some personal life issues, but now I'm back trying to fix this mess.

The credit card is a Bank of America credit card. I initially marked it as fraudulent, got a new card, and the charge repeated. Even if I don't use the new card, the charge repeats. At one point, I escalated it to the fraud department for investigation, and the end result was I got a note confirming it was fraud and a new card, and the charge continued the next month on the new card.

I've talked to a couple people at Bank of America about this, one of which is a relationship manager, and they claim that they have absolutely no way to prevent this issue from occurring. They say that if the issue continues on new credit cards, that what must be happening is the company making the charge is sending some sort of bill on my behalf to Bank of America. I have asked for more information on this bill and they say none exists. They absolutely refuse to admit that there is an invoice or some other piece of data beyond what I have access to that must be creating this charge. They say I must stop the company itself from sending this bill or whatever it is. I even told them I was considering leaving Bank of America and they still claim they are unable to handle the issue on their end.

So the company itself is NPM Inc, which is a reputable name that I vaguely recognize from my industry, though I have never done business with them. I have called the phone number and emailed them, and both times I interacted with them, they were unable to find me in their systems. They are currently doing some final checking with their credit card processor, but it sounds likely they will come back in a few days with the answer that they have no records of me at all in their systems.

What do I do here? Do I have any legal courses of avenues against either company? I'd rather not shut down my Bank of America account, though if I have to I will, but at this point I want answers and money back instead of the paperwork and hassle of moving banks. Thanks for any thoughts or advice!
Topic:
Consumer Law

Answer:
 Honestly, I'd just cancel the card and leave them.
Sounds like you're just getting the run around. There are so many other banks you could do business with. Answer #2: So... not legal advice, but... Can BofA confirm the CC# that the charge is posting to?

A couple years ago I had an a "strange" issue with BofA. My "original" CC# had been changed due to some data breach, then a year later it had been changed again due to another breach, and about a 18 months after that I had a couple $300+ charges from a Home Depot that I had never been to.

I called BofA and got a rep who was awesome (the Preferred Rewinds program probably helped here)... He looked into it and was like "wait...something doesn't look right..." a lot of "hmm... no, what?" later and it turned out that the charges had been posted to CC# 1 even though it was replaced over 2 years prior and it was supposed to have been 'disabled' about 6 months after it was replaced.

I'm wondering if you may be having something similar where whatever card NPM has on record hasn't actually been completely deactivated in some backend system. (and if so, giving the merchant that CC# may help them to find you if name and the like isn't working)

Alternatively, IIRC, both Visa and MC have programs to automatically update merchants with recurring charges when card numbers changed, but each time I've had a card replaced due to a breach, I've had to manually update merchants.


Title: Same-sex couple adoption, at home insemination

Question:
Houston, TX

Here's my question: In the next 2-3 years, we plan on having a baby. To do this, a friend of ours has said that she will carry. She's already had 2 kids (my goddaughters) so the baby will have to be C-section as the other two were. We going to try the at-home route and see if it will take, as it is much cheaper than IVF. We'll all be around 30y at that time.
I'm wondering if others have done this and if so, how many times did you try before it took? And once the she's pregnant, what are the next steps? I know attorneys are involved, I just don't know when to involve them, and what an average price for all of this is. I know I'm looking at a few grand in medical bills (whatever her insurance doesn't cover) and whatever she needs during the pregnancy.
I just want to be prepared.
Thanks in advance!

Side note: We won't know who the biological dad is, as we're planning on mixing the semen. I don't know if that helps with the legal side of it or not.

Answer:
 I am not a lawyer.  In order for it to be a legal surrogacy, you need to go through a clinic and most likely need a surrogacy contract.

If you decide to do the natural home route, she could keep the baby and file for child support.

Trying to be cheap can cost you big!


Title: I don't like the police in my town anymore

Question: Last Saturday, I had some close friends over at my house. I was sitting in a lawn chair in my carport and the police were called for noise disturbance. A motorcycle cop pulled into my driveway. I approached him, and he asked if he could search my house. I said not without a warrant. He slammed me, arrested and booked me on disorderly conduct charges. In jail for 30 hours. Court is tomorrow. I'm pleading not guilty. Advice?

Answer: I'm guessing there's a bit more to the story. Regardless, you need an attorney. If you can't afford one, you should request a public defender.


Title: (Connecticut) When applying for grandparent custody and visitation rights do we do it before the baby was born or must we wait until after?

Question: Our daughter is about 7 months pregnant. I say about because age hasn't spoken to us in about 15 years and she didn't even invite us to her gradation or wedding. My wife estimated how far she is based on her size from when we saw her at the store, but we are unsure if we do this before or after the baby is born. Thank you in advance for the clarification.

Answer:
 > we are unsure if we do this before or after the baby is born

You don't. At all.

**Edit because people like you just rustle my jimmies:**

So there's definitely more to this than OP is telling us.His daughter didn't invite them to her wedding? Or even graduation? Jesus Hollingsworth Christ, there is a reason for that; just like there is a reason that she did not speak to them for fifteen years, not even to tell them they would soon be grandparents. And, judging from how OP seems entitled to a child that would essentially be a stranger to him, I'm gonna guess it's this... you ready for it, reddit?... **Abuse**. Plain and simple. Probably peppered with narcissism and the inability to cope with the fact that the world doesn't revolve around them. So you wanna cuddle your graaaaaandbabies again? Too bad. Your babycoddling days are over; want another one so badly, go out and make your own. Except that's a terrible idea. Because clearly you fucked up once already.

OP, here's your advice: leave this woman and her child alone. There was a time when you were once welcome in her life. This is not it. Answer #2: Grandparents don't get visitation or custody when there's a biological parent in the kid's life.

You don't get to skip the line.  If both parents die or relinquish their parental rights, that's when grandparents would start applying for custody/visitation. Answer #3: Have you ever thought of just staying away?  Just a thought.  By doing this, you have literally no chance of winning anything, and you only drive them farther and farther away from you.


Title: Only witness in accident where police ticketed the victim not the red light runner (SD)

Question:
I witnessed an accident last night. The victim asked me to be a witness in court as the police gave her a ticket for failure to yield.  The police gave her this ticket before talking to witnesses, me.  I can only assume that since the red light runner had a bleeding injured child, and also said she had a yellow light, the police decided what happened before making sure no one lied.

Since both cars are totaled, and the ambulance and hospital bills will add up, and I don't think the victim should have to be at fault for the red light runner.  I'd like to know what to expect as a witness.

Will the victim's insurance company contact me?  Will the victim's insurance company provide an attorney to fight this?  Should I create a foam board diagram of what happened and where the cars were positioned?  Is it normal for police to be this presumptuous?

Answer: The police report and who got a ticket for what aren't the end all of everything. Tickets can be contested as can police reports. The insurance company will do their own investigation. In the end if they can't reach a settlement it may end up in court.Answer #2: did you get her info, did she get yours?


Title: Company refuses to pay Canada

Question:
Does anybody know what should I be doing if I pretty much run out of all options?

I started working for Doordash food delivery platform in Late December 2018 and I liked it, I started working full time I was making ok at least was better than warehouse job. I would get paid every week and all of a sudden Doordash stopped paying me right before the end of February, but I continued working, I thought some problems with payroll and it will sorted out.

I worked a total of 8 weeks without pay but I have all the delivery histories in my app. Anyways now everyday for the last 2 weeks I have been calling Doordash non stop. They are telling me "we have escalated it and you will get a response soon"

The response that I get is the same thing every single time.

"sorry we can't accept your IDs"

My IDs are legit government issued IDs.

Every time that I call Doordash I get a new agent and I start over and over and over again. They do not care.

They owe me a grand total of $4700

How do I get my money?

Employment Standards telling me to wait 6 weeks to hear from them.

I need my money to pay rent, gas, insurance food

Answer:
 I’d start by calling the corporate offices to make sure they are aware of the issue.

You may need to sue them to get their attention.


Title: So my white collar work from home friend was just fired/laid off for not coming into work to help with a side project. Is this legal?

Question:
So, full disclosure, not me, just curious about this situation about my friend, and if he has any legal actions to take here.

He's been working at an engineering firm for years, maybe 5+ years

Anyway, Corona Virus happens, company says take your computer/work stuff home, and work from home. No big deal, so that's what he does since this started. His girlfriend works in healthcare, which is important in this story.

A few weeks ago, they asked him to come into the office to help with a side project. Not billable, client work, but some in-house hanging of shelves, and using some equipment in the shop to build things. Neither of these are actually his job responsibilities. The owners of the business feel that the hype around the virus is overblown, nobody is wearing masks while in the office.

Because of this, he says no. He says that he does not want to risk getting sick, but more importantly, his girlfriend is exposed to the virus because she works at a hospital, and he doesn't want to risk getting his coworkers sick.

He receives a super bitchy email from his manager, about how it would be in his best interests to come into work to do this side project, and people are 'disappointed in him' for not coming into work. He reiterates what was mentioned above, and says that it would be best to continue working from home.

He was laid off yesterday, and he's convinced it was because he didn't go into work to help them on their side project.

Does he have any options? I get that in some careers, going into work makes total sense, but he was doing all his job responsibilities from home, without risking spreading anything. Seems super fucked up they can get rid of an employee who was trying to look out for the health of other coworkers.

Thoughts?

Answer: Can he be fired for not doing what his boss tells him to do? Yes.


Title: After a law student friend told me that Justice Sotormeyer is generally thought of as a lesser legal mind, I'd like some advice on if this is a common consensus among lawyers.

Question: (US) I know I'm stretching the meaning of legal advice, but I wasn't sure of a better subreddit to ask this in, and I want to stay within the subreddit rules. But basically I've heard that there is a common consensus among lawyers that Justice Sotormeyer doesn't have a ton of respect in the legal world for her legal mind and I wanted to find out if that is true.

Answer:
 No such consensus exists. She received some flack from conservatives around the time of her nomination for remarks she made in a speech ages ago, but [she is highly respected and universally recognized as well-qualified.](http://www.cnn.com/2009/POLITICS/07/07/sotomayor.aba/)Answer #2: No, I've never heard anyone express that view.  I've heard her politics questioned, but never her intellect or legal scholarship.

Frankly, there's nobody on the Supreme Court today that isn't a strong legal scholar.  Thomas arguably gets the most criticism, but that's mostly due to his failure of participation, not his *inability* to participate.  Answer #3: I, personally, do not think that about that Justice. Elena Kagan is widely regarded as one of the finer minds but I think Thomas would be held (wrongly) to be lower on the totem pole than Justice Sotomayor.

She is particularly hated on the Right because of perceived identity politics - which may explain your friend's views, but I would rank her well above Alito for example. Answer #4: Uhhh... what?Answer #5: I would say she does not possess the acumen to perform mental gymnastics quite like Scalia, but I don't know if anyone could quite match him.


Title: [California] Is it legal for a high school to give credits and then take them away two years later?

Question: (Posting for a friend) My high school requires 4 semesters of PE to graduate. Band gives one semester of credit each year while drumline and color guard got both semesters. I quit drumline after Sophomore year and my transcript confirms that I had all of the PE credit from back then, but today my counselor called me in and gave me a new transcript with half the amount of credits I once had saying that they found that there was a mistake, and drumline should only get one semester of credit, even though when I quit they said that I was done with PE. Now they are forcing me into a PE class or I won't graduate. What should I do?

Answer: Take PE and graduate on time.  That's the path of least resistance.  Is there a reason your friend can't take gym?


Title: Roommate’s private sink flooded. I might lose my deposit?

Question:
I left for work one morning around 8, and when I got back home the (two story house) ceiling was open and flowing with water. I ran upstairs and went into my roommates room, and found that his sink was on full blast, and that the stopper was pulled so it couldn’t drain. His bathroom/room, the kitchen, dining room, living room, and basement all got severe water damage.

Apparently, he left that morning for the whole weekend. He is not taking blame for it. Suggesting that is dog, which is normally caged all of its life, may have did it. I had dealt with calling the landlords and trying to set up initial clean up. I am currently kicked out of my house for renovations, for the next week or so.

I sent a message to the landlords explaining that I am worried about my deposit, which I need dearly. They explained that they do not know the steps yet, and are still talking with insurance on their end. I am not the main lease holder (that roommate is) and I am only co-signing.

If they decide to take my deposit. Is this something that I can fight? Is this something that is worth to fight?

Answer:
 That deposit is gone. You're going to have to ask your roommate to pay you or sue him for it.

Do you or the roommate have renter's insurance?

If not, the landlord will go after both of you for damages


Title: [IL] Can I "dropship" alcohol without having a license myself?

Question:
I'm interested in creating an online shop that sells a few select wines. I will not be handling or shipping the wine at all. Instead, I found a retailer that will sell to me at a bargain. For each order I get, I can go onto their site and buy the order myself, marking it as a gift and putting in the recipient for the shipping (this retailer has the proper licenses to sell in many states).

In other words, the customer goes to my site, buys the wine I feature for 30 dollars, and then I go to my retailer and buy the same wine for 20 dollars as a gift for my customer.

Answer: You're wanting to become a broker.  [Here you go.](https://www.illinois.gov/ilcc/SiteCollectionDocuments/Broker%20Application.pdf)


Title: legal help please! desperate dont know what to do!!

Question: So I've been going and seeing acertian suboxone doctor for about 2 years because of my addiction to opiates, ever since I've gotten off those painkillers my anxiety had completely come back which is the reason I started my addiction in the first place. So without the doctor knowing i started to self medicate by buying Some xanax off the street. so long story short I ended up telling him that and to my surprise he told me to continue buying the (turned out to be Kinda fake overseas shit that you cant really tell what's in them) xanax. HE LITERALLY TOLD ME TO CONTINUE TO BUY ILLEGAL UNREGULATED DRUGS FROM SHADY DEALERS WHO GOT THEIR SHIT 0VERSEAS until I got myself down to the 0.5mg XANAX he was willing to perscribe me am I just crazy or is this completely illegal? I dont know what the hell im buying when I buy the fake overseas xanax from dealers and I have asked him multiple times to put me on a usual drug they give ppl with this problem like a long acting benzo not a super short acting one like xanax someone please help I have no money can't afford a good lawyer and need some legal help!

Answer:
 Its possible that he doesn't believe that you are actually buying street drugs, and thinks that this is a ploy to try to force him to prescribe you stronger medication.

People will say all kinds of things to get stronger opiates, so I imagine he's pretty jaded by this point.

Either way, the only thing you can really do is find a new doctor.


Title: CPS isn't filing petition for removal for abandoned sister who is in my care

Question:
Michigan. Hello, my 3-year-old sister and I share a mother. Our mother is an alcoholic of 10 years with 5 children. 2 of those children are minors. The other minor child resides with his father who has sole custody and does not have contact with my mom. My 3-year-old sister is currently in my care (Yet again) since May 2nd. I also cared for her in Spring 2015 and January - February 2017.

CPS was involved in Spring 2015 when I first had my sister. She was originally a resident of Texas but my mother and her came to Michigan after I picked them up. They'd been staying with a friend who said my mom was so drunk if I didn't come get them he was leaving them at a bus stop. My mom got arrested once we crossed into Michigan for assault and battery against me for hitting me while driving. She had outstanding warrants for petty crimes as well so she was incarcerated for several weeks. In that time I had kinship care of my sister through CPS but they were in no rush to petition for removal of my sister so I had no legal paperwork to care for her, get her insurance, or take her to the doctor when she was sick. I had to pay out of pocket for her care and prescriptions. The court eventually allowed her father to come from Texas to get her but said he should not give her to my mother, and that he needed to file for sole custody back in Texas. Texas CPS decided not to do ongoing monitoring of the father. Instead her father came and picked up my sister and my mother once she was released and took them both back to Texas. He never filed for custody and my mom remained primary caregiver.

Fast forward to December 2016. My mom says they are living in a house with no stove, rats, and roaches. She asks if we can help her and my sister come to Michigan and we agree. She maintained she had been sober since returning to Texas in 2015, its hard to tell over the phone if she's been drinking if she's not totally wasted.

Once my mom arrived her and my sister initially stayed with an old neighbor of ours for about 3 weeks. After that my mom moved my sister in with 4 different guys in about 2.5 weeks. One was an old boyfriend, the rest she met on Facebook. She'd take my sister to their houses and stay with them til they kicked her out for drinking.

She eventually landed a real winner with no car who is an alcoholic and was staying with another alcoholic man. His wife died a few months ago of a heroin overdose and all their kids had been removed by CPS and since adopted. They were all wasted drunk and smoking inside around my sister. When me and my adult sister went over there to check on my 3-year-old sister my mom was so drunk I had to do a sternal rub to wake her. She finally woke up and I told her I was taking my sister because she was not fit to have her. She cried but agreed.

As soon as I got home I called my sister's father in Texas and told him if he didn't come get her that I was filing for guardianship the next day. I had spoken to a family law attorney a few days prior and they said it would be best to give him a chance to come get her before filing because he could contest the petition anyway. He booked a flight for February 8 and came to get her.

After 6 weeks he called me and asked if I wanted her back, I guess it was too much for him to handle. I consulted with 3 different family law attorneys about how to best proceed with the intention of a long term placement for my sister with me. The options given were guardianship or CPS. All 3 attorneys told me that I couldn't do anything til she was back in Michigan. They said that it would be a better, long term option to allow my mom to take her from dad off the plane and contact CPS as soon as things go awry. My mom did exactly that when my sister flew back in April 19.

My mom has been living in a hotel for the last few weeks, she had a job for like a week and a half but got fired. On May 2 I caught wind she was drinking again and showed up at the hotel because her phone has been shut off for non payment. I told her she needed to let me have my sister or I would contact CPS immediately. She let me take her and I called CPS as soon as I got home. They came out the morning of May 3 to my home and asked me to keep my sister with me. My sister is very mature and told them my mom's boyfriend pushed her into a wall and pushed my mom into the bed and made her cry. She said he stole my mom's car and the police came to the hotel. She told them they were drinking lots of beer and smoking cigarettes around her.

CPS said if my mom comes to call the police and call the caseworker and not let her have my sister. They set up a meeting for my mom May 4 in the morning but she never showed. Her hotel hasn't been paid so she's got nowhere to go and no phone, she's probably with some of her alcoholic, drug addict friends.

My sister has a cold and needs to see a doctor. I want papers so I can have formal guardianship or custody of her, take her to the doctor, and get her insurance. The CPS caseworker flat out told me that she will not file a petition for removal (and give me the paperwork I need for what I just said) until she meets with my mom. My mom could go on like this for weeks or months or even flee the area. She said she doesn't consider 4 days of no contact abandonment. I talked to another lawyer who advised its best to work with the caseworker rather than file for guardianship because both of my sister's parents are staying with friends or at hotels and I can't even have them served properly.

What can I do? I feel like CPS is just jerking me around again and that they should absolutely file a petition for removal, like today. I want to get the legal process started so if there is a termination of rights it isn't delayed any longer than it has to be by law.

Answer:
 Cps cannot remove the child. The child is safe with a person willing to keep her safe. You have to file for guardianship

If cps files they are saying the kid is bit safe right now.... With you.


Title: Would an all-pay auction still be legal if the winner was hand-picked by the seller and all who paid higher are refunded/not charged?

Question:
Essentially, it's an all-pay auction (everyone pays, not just the winner) except the the winner isn't the highest bidder to enter, but rather is chosen by the seller. Everyone who paid higher than this chosen winner are disqualified and not charged, while the chosen winner is treated as the highest bidder and receives the prize. The winner and everyone who bid less are charged, as per the rules of the all-pay auction.

Is this legal? Mostly worried that it would be interpreted as a lottery or form of illegal gambling.

(I am based in North Carolina but I hope for my business to be national.)

Edit: Wow, people, chill out with the hostility. I'm not trying to scam people; it's just important in the context of my business model that whom the seller is doing business with is chosen **by** him/her rather than chosen **for** him/her. It's for selling local services (which could involve going to other people's houses), so I don't want, for example, a jewish seller to be forced to personally interact with someone who has a swastika in their profile picture with the caption "Hail Hitler!" Also, this would be a platform in which the users administrate the auctions--not me, I just take a cut of the profits--so if anyone chooses anyone but the highest bidder, I lose money. So please stop with the accusations.

Answer:
 Didn't you post the same thing a week ago without the pretense of an "auction"?Answer #2: What you are describing isn't an auction.

> auc·tion
ˈôkSH(ə)n/
noun
noun: auction; plural noun: auctions

> 1.
    a public sale in which goods or property are sold to the highest bidder.

If you remove the "highest bidder" part, then you have something that is not an auction.  It's more like a lottery or raffle.

Which would be gambling.

Which would be illegal.

So to answer your question, "no, you can't get around gambling laws by calling it an auction when it's not."


Title: Stolen Valor

Question:
There are plenty of videos on the Internet, with people calling out others who are walking around in a military uniform but who have never actually been in the miitary. What are the laws with regards to this?

What if someone were to just where certain elements which are part of a uniform? After all, many of these people aren't correctly dressed anyway, so they're not technically wearing a proper military uniform. What if someone did it as a joke, or to provoke a reaction?

Answer:
 Wearing a military uniform as a joke or to provoke a reaction is definitely protected under the First Amendment.

It gets more complicated if you actually lie about being a veteran, or you attempt to get some tangible benefit from pretending to be a veteran. Then you might be committing a crime.


Title: What happens if you didn't know you commited crimes or multiple felonies?

Question: Can you get a plea deal or what?

Answer: Ignorance of the law does not excuse breaking of the law.Answer #2: What did you do?


Title: My mom is suing my aunt in small claims court for lying to her about me not paying my rent and I want to help my mom win

Question:
My location is San Francisco Bay Area, CA.  This may be long because I want to give as much info as I can.  I was going through a rough patch early last year and moved in with my aunt for a month and a half from mid June 2014 - end of July 2014.  Did not pay her rent, but she didn't really ask and she was just helping me out.  I moved out because she promised to help another family member by letting them stay for two months so I put my stuff in storage and couch surfed for the next two months from August 2014 - beginning of October 2014.

She called me up around that time because she wanted me to help tutor her son.  I said sure and since I was having a hard time finding a place, I asked if her room was available and if so, how much was she trying to rent it out for?  She told me I could move in for $800 a month and I could pay at the end of the month.  Now this whole time, I was not talking to my parents.  I don't have a good reason other than I was depressed and I didn't want to move back in with them because I was determined to get out of all of this myself.  I paid my rent at the end of October 2014 (check went through).  However, while I was out at work, on November 4, 2014, my parents came to visit my aunt.  She told my mom that she was worried about me because she thought I was taking drugs.  She also told my mom she's worried that my check bounced and if she could just write her a check for $800 just in case with the condition that if my check went through, just send her the money back and they both agreed to keep it hush-hush and not to tell me because I might get embarrassed.

I gave another check for rent at the end of November, around Thanksgiving.  However, through my own money mismanagement, my check bounced this time.  So I paid my aunt in cash a week later out of my rainy day fund that I keep in case of emergencies.  No big deal, but I obviously have no paper trail because I didn't take money out of a bank and didn't ask for any form of a receipt from my aunt because I trusted her.  Did the same at the end of December, I just paid her in cash from my rainy day fund  so we wouldn't have to worry about any checks bouncing and she has the money directly.  Again no paper trail.

Things blew up first week of January when my aunt texts me, telling me that my mom is harassing her at work.  She tells me to tell my mom the truth about the bounced check.  Now I'm really confused because I'm thinking "Wtf?  I can tell her about the bounced check in November, but why is it an issue, I paid you?". So I call my mom to get to the bottom of everything and she tells me about everything that went on.  My mom wasn't even trying to harass my aunt, she just wanted proof of my check bouncing and wanted my aunt to email her and my aunt just started cursing her out (all via email so we have records of this). So I tell her everything and we decide that I should move out right away and go back live with my parents because my aunt is a big liar who took advantage of me living there to get money from my parents. When everything was out in the open between my parents and I, my parents decided to sue my aunt to stand up to her.  We know we have a slim chance of winning because of the lack of a paper trail, but I was wondering if any kind lawyers out there have any tips on how me and my parents can approach this.  Sorry for the long text and if you guys want me to elaborate anything, let me know.  Any advice is appreciated.

Tl;dr:  I don't know how really simplify everything to a couple lines :(.

Answer:
 Here's a summary because you apparently aren't capable of making one:

1. Your mother gave your aunt a check for one month's rent in case your rent check for October bounced. It did not.
2. Your rent check for November did bounce, but you paid with cash shortly after from a 'rainy day fund' and there is no paper trail.
3. Sometime here, your aunt cashed the check your mother wrote as well as accepted money from you for rent, thereby ending 'up' $800.
4. Your mother is taking her to small claims court for that $800 because she talked to you and knows you paid. You want to know how to help.
5. ~~You are on drugs, I think.~~


Title: Never got the opportunity to face my accuser and exposer her lies of abuse for order of protection.

Question:
On January 14 my wife attacked me in our bedroom. We have a then 3 month old daughter that she was putting to sleep on the bed next to her on the bed and my wife jumled up off the bed and started hitting me and i had to hold her wrists as she was hitting, and kicking, and biting me.

I tryed to calm down the situation and was afraid of her. She kept trying to provoke me to hit her and called me every name in the book. When i was finally able to calm her down i let go of her wrists, grabbed our baby and called the police.

As the police were on their way she begged me not to let them take her to jail and was crying histerically. She asked me if she could feed the baby before the police took her to jail. I told my wife i loved her and that i didn't want any of this to happen. I told her i was scared of her and didn't know what else to do. I gave her the baby and she walked into our bathroom. I walked outside as the police arrived and they started questioning me in my front yard and another officer was questioning her in the house.

I realize now she wanted the baby so she could feed her and pretend to be an abused mother and the baby wasn't even hungry as she had just fed her before putting her down to sleep. I looked inside the house and the police were taking pictures of my wifes neck and back. That is when i knew she had turned the whole situation around on me.

The police officers said they had enough evidence to take us both to jail but didn't arrest either of us. I was told to leave home for 72 hours and my wife and baby stayed in our home. The next day my wife messaged me and told me to go to the police station as she had  recieved an order of protection against me.

She claimed in her messages that she fealt she had to file for the op because she was afraid the states attorney would still file charges against her. As soon as she filed for the op hwr mom came up from florida and picked her up. Still to this day her and my daughter are living with her mother on the ocean in pcb, Florida.I went and picked up the op and in it she had claimed incidents of abuse that never took place.

One date she stated i didn't even see my wife and another we never even argured and i have pictures and text messages to prove i am innocent. The pictures show my wife the day after the claimed incident with no makeup on and absolutely no marks on her face. She had claimed i busted her nose and blacked her eye.

I had all of the evidence to prove my innocence for the op hearing and when i went to the op hearing on february 13th my wife never showed up. She stayed in Florida and the judge dropped the op. As i walked out of the court room i was arrested for domestic battery from the night i called the cops. I had never been in legal trouble in my life.

My wife lives in florida with my baby whos is now 6 months old and plays the innocent abused mother while the states attornies office thinks i abused my wife. My wife told the states attorney that i grabbed her by her ankles and dragged her out of the bed while she was breast feeding our baby. I have never once layed a hand on my wife.

She would hit and beat on me and often i went to work pretending my black eye was from some made up incident. The police the night i called the police knew i was getting hosed. None of them believed my wifes lies. I have an attorney who helped me serve divorce papers on my wife in Florida and was finally able to get the judge to order my wife back to Illinois May 1st.

On May 1st i assume i will at least get supervised visitation with my daughter but am unsure. My worst fear is my daughter growing up in Florida when all her family lives here. Its like my wife went to Florida and never wants to return back to Illinois and will say whatever it takes and tell any lie to keep me from seeing my daughter.

 I have spent thousands of dollars and there is no end in site. I am at the point where i want to expose to the court my wifes lies. My question reddit is is there any way without waiting a year down the road to present my evidence i never had the chance to present at the op hearing.

Can i contest the op even though it was dismissed somehow. How can i show to the courts that my wife commited perjury and made up dates of abuse to get an op and keep me from my daughter?
I thought i knew this woman and was so in love with her. Life was going great and all i ever wanted was to come home from work and see my wife and our daughter. This situation has pretty well ruined my life.

I can barely function to work and so far everything has went my wifes way. My wife partied in PCB during spring break every night while her drugged out mother watched my daughter. Please any advice you guys could give will be greatly appreciated!

Answer:
 Paragraphs! Tap enter twice if you're new here fella. Answer #2: >Can i contest the op even though it was dismissed somehow.

Nope.  The case was dismissed when your wife didn't show up to the hearing.  The outcome would've been no different had the court given you the opportunity to tell your side of the story.

>How can i show to the courts that my wife commited perjury and made up dates of abuse to get an op and keep me from my daughter?

You can notify the local prosecutor that your wife allegedly lied under oath and let the state decide whether to pursue it.  Or your attorney can use the evidence to challenge your wife's testimony in the upcoming family court hearing, where the domestic violence will surely be an issue.

>My wife partied in PCB during spring break every night while her drugged out mother watched my daughter. Please any advice you guys could give will be greatly appreciated!

If you believe your child is in an unsafe environment, then you can contact child protective services in Florida.Answer #3: Whenever I get a story like this where the person telling the story does absolutely nothing wrong and the other party sounds like a holy terror it makes me think I'm not getting the whole story.


Title: Let's say someones girlfriend claimed she was raped and the boyfriend kills the guy but it turns out she lied. Who is at fault?

Question: Let's say this dude has the death note (magic book that can kill people with just a name and can specify how they die.) His GF cheated on him and when he finds out she tells him the dude raped her so he writes his name in the death note killing him. He later finds out she lied about it. Who's at fault?

Answer:
 Well, the boyfriend is at fault for premeditated murder. The girlfriend might have some secondary civil or criminal liability as well.

But there would be significant issues holding a person with that kind of power accountable in the present justice system anyway.


Title: Substitute teacher wouldn’t let class go to bathroom

Question: Hi yesterday I had a substitute teacher and a girl asked to go to the bathroom, she said no then another girl asked and she said no one goes to the bathroom. One girl said she had to go really bad and the teacher still said no. I am just curious if there are any laws against this and what could happen to a teacher if accused.

Answer: In general, a teacher has broad authority and discretion to control the classroom. Without some special situation, e.g., a disability that requires an accommodation, a teacher can require a student to wait to use the bathroom.


Title: Charged with drunk and disorderly after being drugged (Ohio)

Question:
I am a 27y/o stay at home mom.  Monday night I decided to treat myself, I don't get out much.  I don't have many friends but I don't mind going out by myself either.  My husband stayed at home and we stayed in contact all night, until he fell asleep.

The first place I went to was slow. I had 2 beers in as many hours and decided to move on.  My husband knew where I was and suggested I not go to the second bar, we'll call it Jack's, because it's a little far.  I told him I'd be fine, and I wanted to go there because I knew there would be music, even on a Monday night.

I got to Jack's around 11:30 they were very busy, and sure enough music.  They had a karaoke contest, and I'm not talking the run of the mill drunk karaoke night.  The folks who performed were talented.

Anyway, the last things I remember were going outside to smoke and then thinking I need to leave now.

I am a drinker.  I can hold my booze.  The one and only time I have blacked out was when I just started drinking at 16 and decided (stupidly) to join the 151 drinking contest. For me to blackout now is unreasonable, especially when my tab was only $25.

I remember coming to in the drivers seat of my van.  I remember not being able to see anything, like it was pitch black outside and I needed my keys.  I don't know why I couldn't see anything, I think the parking lot is lit.  I was in a panic and all I could think of was finding my keys. (Thankfully I never did find them) I was feeling around in my purse, I remember feeling around the steering column but I can't remember seeing anything.  I dumped my purse out on the passenger seat and felt around just trying to find my keys.

I think some time passed, but I don't really know.  A cop showed up knocking on my window.  I know I was crying, I know I told him I didn't know how I got here and I told him I think I was drugged.  I don't really know what happened next.  I have a flash of being in cuffs and thinking why am I in handcuffs?  I remember being in the cop car and screaming at him, cussing and saying why won't you listen.

I don't remember getting to the station.  Apparently I threw up all over myself and peed my pants, I had no idea.  When I came to again I was in jail clothes, I think someone had to have helped me change.  The jailer had woken me up and said I needed to make my phone call.  This was around noon Tuesday.  I called my husband, who was worried sick, then passed out again.  Next thing I know, I'm changing and being released.  I was ticketed with drunk and disorderly.

When I was changing out of jail clothes I noticed a large dark bruise on my left arm about 3" x3".  I also got to see my eyes, I don't think they have ever been that bloodshot, they remained bloodshot till late Tuesday night.  I also have two bumps on my head, one on my left temple and another smaller one just right of the top of my head.

My husband and I went back to Jack's parking lot to get the van.  What we found was disgusting.  On the outside of my van is a full forearm print and smeared vomit, I'm assuming that happened when I was put in cuffs but I don't know.  The drivers seat was fully reclined with vomit to either side of where my head would have been.

The contents of my purse were still in the passenger seat and the purse itself.  My wallet and coin purse had been emptied. I don't keep money in my wallet, I keep it in my coin purse(though I went out with no cash).  I keep business cards and receipts in my wallet.  There were cards everywhere.  Most of them were scattered on the drivers floor, but I found some in the middle row too.

I had a full Kroger bag of trash in the front.  There was a half burnt cigarette box near it??  I had a Styrofoam water cup, which tells me I likely closed out my tab and made it to my van.

The worst was the water bottle I found.  It was full of vomit.  If I had it together enough to attempt containing my vomit why didn't I just open the door? Was I afraid?  I haven't found the cigarettes I had that night, I usually smoke shorts but was given 100s that day. And I found a lighter that wasn't mine.

I won't be able to talk to a bar tender till tonight, but have shambled together somewhat of a timeline based on phone history and my police report.

TLDR:  went to a karaoke bar at 11:30 was coherent till 1am.  Blacked out until around 430.  Was found in my van covered in vomit at 5am by a cop. Told the officer at the scene I couldn't remember anything and that I thought I was drugged. Was taken in for drunk and disorderly.  Cannot remember getting to the station.  My next memory was around noon.  Need to know what to do now.

Edit: thank you for all the advice and insight

Update: saw my family doctor, she was concerned about my head injury, and said I likely had a concussion (still getting headaches days later) Sent me to the ER for a cat scan, no bleed.  She also said in most cases like this the run a urinalysis and that I am welcome to get one, but more than likely nothing will be left in my system.  ER told me it's really difficult to find those types of drugs and it may have been too late already before I got home from jail. When I brought up a blood test and/or hair folic test I was told in more or less words that it isn't an option.  As far as vomit, Dr said it might be something to bring to the police station for forensic analysis.

The bar tender I talked to wed. Night did not remember me. The guy who was my bar tender is working tonight and I had planned on talking to him until I talked to my arresting officer, I just got depressed after talking to him.

Talked to my arresting officer tonight and he acted like I was wasting his time.  He would not take me to a private room, we had our conversation in the lobby; I was crying the whole time.  I thought making a means to answer some of the more skeptical comments here would help prepare me for talking to him. I was wrong.

I found out that there were actually 3 officers on the scene and it took all 3 to get me to the cruiser.  I asked if he found it odd that I appeared to be that intoxicated still at 5am, he said no.  I cannot imagine drinking enough to be in that state at 5am.  I asked if I had fallen at all, to explain my injuries, he said no.  Asked if he had seen the giant bruise on my arm, no.

My keys and phone are what made me angry.  I was told that when he and I drove off the other 2 cops stayed behind to locate my things.  They had given up and were leaving the lot when a lady flagged them down, she spotted my things.

The bar I was at is located in the middle of a strip mall.  My van was parked in the back of the large lot slightly east of the bar. I was told my phone and keys were found on the ground around the west corner of the strip.  That made me quite upset, but again he didn't find anything off about their location.

I asked why the two credit cards (both expired) that had been in my wallet were given back to me out of my wallet.  He couldn't answer, he assumes one of the other cops pulled them out after getting to the station.  Asked if he thought it was odd that most of the content of my wallet was spread around my car, said, well you did tell me you were looking for your keys. Who looks for their giant key ring in their wallet?

He also told me I was unresponsive for several minutes, just staring at him outside my window.  I honestly thought I was talking to him before I got out of the van. I had locked myself in and refused to open the door, again this is apparently not strange.  He said I never told him I thought I had been drugged, only that I didn't know how I got there.

They never even gave me a breathalyzer. I was really hoping on that one.  I told him multiple times today that I still believe I was drugged and he just blew me off.

When I said I wanted to fill out a statement his response was pretty much, 'I guess, if you really want to' then kept telling me the charge was no big deal, but he'll go ahead and file my statement if that's what I really wanted to do.  He then kept pressuring me to finish up.

It was a horrible experience.  After that I could not bring myself to talk to my bar tender. I sat in the police parking lot for 5 minutes crying.

I've decided to say fuck it.  It's not the best decision but I have handled it badly from the start.  My court date is next week and I'm going to plea no contest and pay my fine.  My husband is not ready to give up.  In his mind, where my phone and keys were found is proof enough that I was drugged and assaulted.  He has emailed the chief of police about the officers conduct, and contacted one of those sob story news people.  He did that before telling me. I was not happy.

Answer:
 As others have stated, you should go to the doctor immediately. Chances are that if you were drugged, it's out of your system, but it's still a good idea to get tested and get a record of any injuries. The cop really should have tested you if you said you were drugged, but it's possible that as inebriated as you were, you weren't clear he didn't understand what you were trying to communicate.

Of course, it's fully possible that he did understand and just didn't care/didn't believe you, but that's hard to prove. Answer #2: Just so you know - memory loss, vomiting, and drowsiness are all signs of a head injury. Considering you have a bump on your head it's something you might want to consider. Hopefully the bartender can give you some insight.

-Headache or a feeling of pressure in the head

-Temporary loss of consciousness

-Confusion or feeling as if in a fog

-Amnesia surrounding the traumatic event

-Dizziness or "seeing stars"

-Ringing in the ears

-Nausea

-Vomiting

-Slurred speech

-Delayed response to questions

-Appearing dazed

-Fatigue

http://www.mayoclinic.org/diseases-conditions/concussion/basics/symptoms/con-20019272Answer #3: sounds like you were drunk, not drugged (25$ bar tab in ohio could easily be 5 beers, plus the two before, yeah...).
if you get the results of a drug test, and indeed can show you were drugged, and that that caused your issues, you may be able to get off. contact an ohio lawyer.


Title: What does (U.S.) law have to say about a deceased person's will being partially ignored?

Question: Don't want to give too many specifics, but long story short, Grandparent has two children, A and B. Child A passes away, leaving two children of their own, their will splitting A's inheritance 50/50. Grandparent passed away later on, their will splitting 50/50 among children as well. Child B then takes all of the inheritance, claiming Child A had no children. What recourse do the children of Child A have?

Answer:
 Parent B said the children did not exist, and thus profited from their dishonesty?

The children of parent A should challenge the will and sue Parent B for their portion of the inheritance.

This presumes the grandparents will doesn't only list the parents a and b in the will and gives it all to b since a has passed.


Title: (Arizona) Apartment was bought out after I signed a lease but before I moved in, and the new owners want me to sign a new lease matching the old one - but they've already dropped prices significantly for new applicants.

Question:
I signed a lease with this complex about a month and a half ago, looking to save money by locking down the price before the summer crowd rolled in. My move in date is in June.

A few weeks after I signed the lease, a new company bought out the complex. This company has cut prices significantly on every floor plan, including by >$200/month on mine.

Now, they want me to sign a new lease (not a transfer of the old lease, I should specify) with the new company, but at the old price - even though I could be paying way less money for way more square feet if I had simply applied later, but moved in on the same date. I would totally understand being locked into the old agreement if I was already living in the complex, but I haven't even moved in yet, so this feels like blatant price gouging. What are my options?

Answer:
 You don't need to sign a new lease with them if you don't want to. You can tell them that the only way you will sign the new lease is with the cheaper price.

They can't make you sign the new lease, and you can't make them lower your rent that you've agreed to.


Title: Child Abuse Mandatory Reporting law in California was recently updated (AB1775) - I see therapists, I'm no danger to anyone, I looked at child porn maybe 15 years ago. Does the law apply to me?

Question:
Obvious throwaway.

It was suggested I post this here. See my other post: http://www.reddit.com/r/confession/comments/2u7928/new_law_in_california_means_anyone_who_admits_to/

Does California Law AB1775 apply to my therapist? Again, to emphasize - I'm not a pedophile, I don't and never have abused a kid, and I haven't looked at any legally questionable image or video for probably around 15 years.

My current therapist is aware of my past. I'm not sure he's aware of this law. I'm paranoid that when he catches wind of it, he may think he's obligated to report me. I'm tempted to discontinue with him and maybe find another therapist in the future (and just omit any mention of this aspect of my past).

Opinions?
Topic:
Other Civil Matters

Answer: Is this something you feel you need to talk about? They wouldn't charge you with a crime anyway without evidence. And besides the statute of limitations is up, at least for Federal charges.


Title: General

Question:
 Why is ignorance no excuse?
Question:I'm genuinely confused.  Even a judge has a whole bunch of law encyclopedias at his/her disposal which are referenced when issuing sentencing, and even during deliberations.  Lawyers research the crap out of a case, and the law in order to represent effectively.

Then there is the layman.   Me.  And 300 plus million other American Laymen.  We don't know the law.  We can't know the law.   If we did, this subreddit would not exist, and lawyers wouldn't make much money.

We do however have crutches/vices.  Many of us have a code of ethics we like to follow.  The 10 commandments for example.  Just don't lie, steal, cheat, and so forth.   My favorite, and the one I live by is just to try to do the right thing in any given situation.  It's pretty much fool proof, but has failed at times.   Some of us try to memorize every rule we are bound to given various settings such as home, work, ect.

Here's where the disconnect is.  When nobody is hurt, and a law is broken, why is ignorance no excuse?  Or when someone skips some sort of law requirement because they don't know.  We live in a society that safeguards information, and there isn't always a clear checklist to get things done.  Especially for entrepreneurs. (EDIT, Entrepreneurs just starting out with an extremely tight budget.)  They do their best, but break laws left and right, and mostly out of ignorance.  Even after following the state provided checklist for whatever profession.   On that note, tax laws are a nightmare for the unconventional.

Every lawyer will say with conviction that ignorance is no excuse.  I believe that damages resulting from ignorance are the responsibility of the ignorant.  But where is this philosophy rooted?

Thanks in advance.

Edit;  Location, Utah.  Just for you Location Bot.

Edit 2:  I got it.  Thanks.

Answer:
 > When nobody is hurt, and a law is broken, why is ignorance no excuse?

These are really two separate questions.

As to the second, it's functionally impossible to run a civilization if everyone who commits a crime merely says "I didn't know" and gets off.

There are exceptions however:

http://en.wikipedia.org/wiki/Cheek_v._United_States
http://en.wikipedia.org/wiki/Lambert_v._California

The first one goes straight to your earlier point.Answer #2: > Especially for entrepreneurs. They do their best, but break laws left and right, and mostly out of ignorance.

Seriously? That's why when one starts a business the first thing they do is hire a lawyer.Answer #3: >Just don't lie, steal, cheat, and so forth. My favorite, and the one I live by is just to try to do the right thing in any given situation. It's pretty much fool proof, but has failed at times.

That's so precious!Answer #4: You might want to try posting this over on /r/law, they are more interested in these philosophical discussions over there.  This sub focuses more on what the law is, not what we think it should be.


Title: Eviction Notice due to dog. Military family.

Question: Went away for vacation the weekend. Came home to an eviction Notice claiming to have a pitbull in a non pitbull area and we have 8 days to leave out apartment. Our adoption papers say "Dalmatian Mix"  and we've had the dog here for 5 months with no issues/notices and paid the dog deposit. We are military and in Virginia if that changes anything. Any advice reddit? Thanks in advance if you have any information.

Answer:
 Did you try contacting the landlord and just telling them that it is a dalmation mix and not a pitbull?Answer #2: Being military will have no relevance to this.

If it visually looks like a pit, or even a pit mix, you are unlikely to win a fight if this goes to court. Adoption agencies are known to frequently lie, and any seasoned landlord will know this. No kill shelters have substantial incentive to lie about the dog's breed and health in order to get rid of it so that they don't have to keep paying for it. I've seen dogs with debilitating issues labeled as healthy because of that.

If you get genetic testing done and it comes back as pit mix, you may have legal recourse against the adoption agency for any costs involved in moving (including increased rent at a new place), but none of that will be your landlord's problem. They can evict you for it.Answer #3: Can we see the dog? If it really looks like a 100% pitbull you might just have a lying adoption center that's forging the papersAnswer #4: Assuming you are *active duty* military and pay less than $3800 a month for rent, you are eligible for protection under the Servicemembers Civil Relief Act (SCRA).

This means the landlord is required to obtain a court order to begin eviction.  Additionally, there is usually at least a 3 month stay before they can follow through.  Inform your landlord *in writing* that you are active duty military.  See if they know what to do with thst information.


Title: Girlfriend was caught with legal pocketknife and had a key-chain mace with her.

Question:
My 5"1 girlfriend was arrested by the cops because she was putting something in her pocket and her shirt got brushed aside and revealed that she had a legal pocket-knife in her pocket but with the clip showing (which I know isn't legal), and she also had a key-chain mace on her keys. She was in the process of taking camping stuff from her car to her apartment and put the knife in her pocket unknowingly. She doesn't ever carry the knife or the mace, as this too was a personal protection item that they say you should have while camping. They are charging her with two misdemeanor weapons charges. Does she have any way out or around this bullshit attempt by the city to steal money from any/everyone that can't afford it?

She is 40, has no record at all, is a regular person (not a criminal) with a job. What options will they give her at her arraignment? She is quite broke and cannot afford any sort of lawyer, so she'll have to use a public defender.

Thanks for anyone who reads this or can give even the most basic help/information.

Answer:
 >They are charging her with two misdemeanor weapons charges.

Yes, because she had two illegal weapons on her. She needs to talk to a lawyer, your version of events is probably missing some facts, like why she had the weapons on her person instead of in a bag, or in the car. When you take a knife hiking I don't usually carry it around in my pocket while in the city. It would also appear that bear spray is legal in NY which would be a much more normal thing to take camping whereas a keychain version is obviously take anywhere self-defence.

If she cannot afford a lawyer than she should not answer any questions and request a PD at her earliest oppurtunity.


Title: I ordered clothes from a company almost one year ago.

Question:
I ordered clothing from fajrarmy (an online clothing store) 9 months ago. I never received the clothes I paid for or a refund. When I log into their website it even says my order hasn't been shipped out. I've tried to contact them NUMEROUS times through the months and I have not heard back, yet all they do is post new promotions, come out with new products, and advertise on Instagram.

I've filed a complaint with the Business Bureau, but overall that doesn't really matter. I'm incredibly frustrated and angry that this is happening, it has to be illegal. What can I do since they will not reach back out to me? [I live in VA but not sure where this company is located]

Answer:
 Did you pay with a credit card? You can do a chargeback.

Just so that you know, the BBB is just yelp for older people.


Title: My roommates and I moved (from several states away) and signed a 12-month lease on a home. We are now being asked to break our lease after 3 months.

Question:
The basement has some sort of moisture issue.  There was mold growing in one area on the initial walk-through, which was abated.  After we moved in, mold started popping up in other places and it was evident that there was a moisture control problem.  Landlord furnished 3 large, residential dehumidifiers which, for a while, were individually filling up multiple times per day.  Landlord has sent two companies to assess the issue and now has requested that we "take the opportunity to break our lease" and find somewhere else to live.

I am not a lawyer, but as I see it, the lease is as much the renter's commitment to abide by the terms of the lease/pay rent as it is the landlord's commitment to provide a safe living environment.  FWIW, landlord is a large-ish local rental agency and the home is a first-time rental for them.  No home inspection was completed prior to rental.  State is Kentucky.

These are the portions of the Kentucky Revised Statutes which I believe the landlord has broken:

*  [383.595 Landlord's maintenance obligations and agreements.](http://www.lrc.ky.gov/statutes/statute.aspx?id=35736) - "*A landlord shall:
(a) Comply with the requirements of applicable building and housing codes
materially affecting health and safety;
(b) Make all repairs and do whatever is necessary to put and keep the
premises in a fit and habitable condition;
(c) Keep all common areas of the premises in a clean and safe condition;
(d) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by him.*"  I feel that the words "put" and "keep" imply the timeline of prior to and throughout in the context of the term of the lease agreement, and thus they did not perform due diligence required as the renter of the home.
*  [383.625 Noncompliance by landlord.](http://www.lrc.ky.gov/statutes/statute.aspx?id=35742) - outlines tenant's right to break lease for landlord noncompliance with meeting health/safety requirements.
*  [383.655 Tenant's remedies for unlawful ouster, exclusion or diminution of service.](http://www.lrc.ky.gov/statutes/statute.aspx?id=35748) - outlines tenant's recourse in the event of early lease termination.  Given that I believe the previous statutes imply that a landlord is required to ensure that a living space is, indeed, habitable before offering it for rent, I think that this statue indicates our eligibility for the return of all rent paid (3 months of our 12 month lease).

Am I interpreting the law correctly and what is our best course of action from here?  Landlord has not given a timeline yet, but I don't want to take this sitting down.

Answer:
 He is offering you the ability to break the lease, not evicting you.  So you don't yet have grounds to demand return of three months rent as that would be if he locked you out or shut off your utilities or something of that nature.

You can demand that he fix the issue if it is making the home uninhabitable.  As outlined in your second link, you or your lawyer can send a certified letter stating that it needs to be fixed within a certain period or you will break the lease (which is the opposite of what you are wanting) and that you may be entitled to "recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement of KRS 383.595."

Which boils down to either you can use his noncompliance to break the lease (and collect damages, not three months rent) or sue him to try to force him to fix the issues you are having.  It is also possible that if you tell him you plan on taking it to court to force him to fix the issue he may be willing to pay you off to make you go away.


Title: What happens in court if you don't have the money you're sued for?

Question:
I sued my abusive & estranged mother for stealing an annuity awarded to me upon my father's malpractice-caused death. She had opened joint bank accounts with me and received large payouts every year on my birthday. She had absolutely no intention of telling me about the annuity because I found out about it from a random structured settlement advisor seven months ago. My lawyer tells me my mother has a set amount of time to either respond or ignore it and all the potential outcomes that comes from it.

If we go with the default caused by her non-response or guilty plea where the judge orders her to pay restitution, what will happen? We're suing for three times the amount of the damages, over 1 mil. There's a 90% chance my mother doesn't have 1 mil anywhere to her name. If she has to pay less than that, would it be the original stolen amount or just whatever she can manage to pay? Would the judge order lump sum or monthly payments?

The annuity was awarded in New York. My mother & lawyer are in Florida. I live in Minnesota.
Topic:
Criminal Law

Answer:
 If there is no money, you get no money.

The court can order wage garnishment, tax garnishment, and/or property seizure (state dependent). Answer #2: You would get a judgement then it would be up to you to collect. You may never actually see a penny. If you're suing for over a million dollars I presume you have an attorney.


Title: (CA) Is it legal to keep an RV parked on the side of a neighborhood road for an extended period of time?

Question: This wouldn't be a problem but BOTH of my neighbors have RV's and they are taking up a lot of space that could be used for parking.

Answer:
 It's going to be very dependent on your specific location. Some cities have rules about this, some don't.

For an example http://www.sanjoseca.gov/index.aspx?NID=3404


Title: Court date on speeding ticket wrong

Question:
So my friend got a speeding ticket a while back and the appearance date on the ticket very clearly says April 19th. But the actual court date was yesterday. They didn't send anything informing him of an error, probably because the issue was the bottom left part of the 8 didn't bleed through the carbon paper onto his copy, making it a 9. Very clearly a 9. He showed up today and they told him they couldn't do anything except reschedule and the next available date is when he will be traveling, completely out of town. He didn't know what to do so he just payed it, but is a case like this grounds for dismissal of a ticket? I've read a lot of conflicting answers and wanted to be sure.

Location is Fairfax, VA

Answer:
 >but is a case like this grounds for dismissal of a ticket?

No, clerical errors on the ticket are not grounds for getting it dismissed, generally.


Title: Limited Social Media posts of my Child

Question: Hi. I'm in Queensland, Australia. My partner and I recently separated. I do not have social media, and my ex posts a lot of pictures of our son (toddler Age) on social media. These are pictures I am unable to see. With all the security concerns surrounding facebook and social media I do not wish for my ex to continuing to post pictures of him on social media. What are my rights concerning this?

Answer: Absent some weird Australian law on the subject, in the absence of a court order, your ex can post what they like.


Title: Parking ticket with incorrect info

Question:
Hey everyone,
So I received a parking ticket last week which had my correct license plate number, but had the wrong license plate state and the wrong make of the vehicle (it said I drive a Honda with OH plates, and I don't). I'm wondering if this gets me out of having to pay for the ticket.. Any advice? Thanks!

Answer: Clerical errors do not invalidate tickets


Title: Employer refuses to pay me my unused vacation time due to a "use it or lose it" policy NOT written in the employer manual

Question: I was terminated today and they paid me my current and next paycheck, when I left I texted him about the vacation time that I had not used and he said that they had a "use it or lose it" policy on vacation time. When I returned home I checked on the employee manual under the vacation policies and it does NOT include a "use it or lose it" policy, am I entitled to any payment? This is in Texas if it makes any difference.

Answer:
 In Texas, they don't have to explain it's use it or lose it.  That is the default status, unless you have a handbook policy explicitly promising that it will be paid out on termination.  Answer #2: >  This is in Texas if it makes any difference.

There's a reason why Texas is considered "business friendly".


Title: Gifted watch may be stolen

Question:
I recently found a watch in an old box that was given to me, used, by a former girlfriend. She gave it to me six or so years ago. I knew it was nice but never thought much of it. I just posted it on /r watches and its worth a bit more then I thought 8-10k. Given the info of the story, some suggested it may be stolen. I'd like to sell it but don't want any trouble. How can I go about seeing if it was stolen, and returning it to the owner or what would I need to do to sell legally it?

Location VA

Answer:
 A watch in that price point is very likely going to have a serial #/registration #. You can look it up based off of that and determine if it's been listed as stolen.

Edit: saw your other post. Jaeger put serial numbers on **everything**. Look up how to find it online or take it to a jeweler and ask.


Title: [US] [MN] Suing politicians/companies for not acting on global warming?

Question: Would it hold up in court to sue politicians (any level; federal, state, local) for endangering the enviroment

Answer: Have you tried voting?


Title: Minor asking me for help with revenge porn. PLEASE HELP.

Question: [deleted]

Answer:
 She can and should call the police. Her mom will find out though, but that really shouldn't matter here. Answer #2: There is virtually no way to do this without her parents knowing.

There is nothing you can do but tell her to report it to the police.Answer #3: If it was transmitted over the internet, it's for sure a federal CP charge. The police should be involved. The girl is a victim, and her parents definitely will be notified one way or the other. I would support her when she finally breaks the news to her parents. It's probably better to hear it from her than from some irate parent when they find out their kid's been picked up on trafficking charges.Answer #4: Don't get involved in this any further than helping her notify the police and being supportive.


Title: Is my friend legally married?

Question: So my friend went to Niagara Falls this week for a trip with one of her friends. While there she met a man in a hot tub and they were joking around and her friend decided to marry them, did the whole ceremony and everything. They were in NY and my friend’s friend is ordained in Michigan. There were several people there, two of his friends and some other hotel guests. There was obviously no paperwork since they met less than an hour prior but the girl who married was ordained. Is she legally married in a way that can ever come back to bite her?

Answer: Without a marriage certificate there's no legal marriage.


Title: Under what circumstances does an ALS hearing overturn a license suspension for failure to consent to a breathalyzer in Georgia?

Question: Ok so I have been told by every lawyer ever in this state to never consent to a breathalyzer. I know that the law varies state by state, so this question is specific to Georgia. They say not to consent because then the police have no hard evidence to give the prosecution to convict you. So in Georgia if you refuse to consent to a breathalyzer they "automatically suspend your license for a year". I know that this isn't necessarily true, because you can request an ALS hearing to reinstate it. I know you can have a lawyer represent you at that hearing, but my question is, under what circumstances do they overturn that suspension? Regardless of your dui case verdict, you still refused, which makes it an entirely separate matter unrelated to the DUI case and eventual outcome, right? So what other defenses do they accept to overturn that suspension? Have any of my fellow Georgians ever been through this process and if so was your suspension overturned and if so how/why or if not why not? Any GA dui defense attorneys that wanna weigh in here feel free.

Answer:
 Hey fun fact! refusing** a breathalyzer is no longer a thing to get you out of trouble. The supreme court recently ruled that you can refuse but if the state has criminal refusal laws it will be held against you. My fiancée's Law Review write on was about the case. [different article about the case here](http://www.cnn.com/2016/06/23/politics/supreme-court-drunk-driving-breathalyzers-birchfield/)

 Edit: words are hard on phone and I did some horrible phrasing


Title: Need help with Girlfriends 17 year old brother

Question: I live with my Girlfriend, her mom, and her 17 year old brother. there are 3 names on the lease, and we split rent 3 ways, me and my girlfriend paying 2/3rds of it. it's a town house. Her brother, who is 17 and still in highschool, has been smoking weed and dealing out of the basement, My girlfriends mom doesn't seem to care or do anything. So my girlfriend took his bongs and bowls and threw them in the trash, he's already almost been caught with drugs because someone tried to snitch on him, and if the cops show up and find drugs in our place, we don't want to get kicked out, we have no where else to go. So now he's sending her all these texts saying hes going to smash her car up, and when we are both not home hes going to destroy our room. last night he already smashed and threw away some of our stuff. now we really don't know what to do. Also not sure where to post this at, this seemed like a decent subreddit to get help. we live in Grand Rapids Michigan if that helps.

Answer:
 Call the police. The kid is using and dealing drugs as well as breaking your property. He's not going to change just because you took away his paraphernalia. He's 17 now and needs to turn around in a damn hurry before he gets busted as an adult and ruins his life.Answer #2: First off, barring a sudden raid by police, etc. etc, destroying a roommates property is never an intelligent thing to do. what did she think was going to happen, he was going to be all like 'hey no problem I'll just ... run out and get new bongs and bowls.'? Because that wasn't going to happen.

I'd recommend everyone sit down and have a conversation about it, preferably without shouting. Explain that if the police showed up they could all get arrested.

I don't understand your remark that he's already been caught with drugs because some 'tried' to snitch on him. Who caught him and what happened about that?

If you tell the landlord, it's possible you will all get booted. If you call the police, he might be arrested but he's going to eventually return home and he will be ... irritated and unhappy and might take it out on you.

Obviously the best suggestion would be for him to stop smoking in the home and to stop dealing. I have a feeling that's not going to happen. You might consider moving into another place with the mom and girlfriend.


Title: I think my missing cat is being given or sold in a Facebook group. Location KY

Question:
I've been missing my cat for a week now. I checked a Facebook group this morning, that give animals away for free. There was a post with a picture that has a cat that looks identical to my Archer. He's half Maine coon, and he's easy to distinguish.

In her post she said she was given this cat to her from her friend. When asked about vet records and other medical history, she replied that she doesn't know if they have any records at all.

I've messaged her and an admin from the group, but no reply. If she won't give me my cat back or if she already gave it to someone and they don't want to give them back, what are my options? Will I be able to get him back if this cat is indeed him?

My cat is microchipped. I'm calling the animal shelter that I adopted him from when they open. I have his vet records and his adoption papers.

Answer:
 First, take the cat. If she asks for payment, pay it.

Then have the cat scanned for a chip. If it's your cat, call the police. If it's not your cat, congrats, you gave a cat a loving home and have a new furry friend.Answer #2: Have a friend message her that she's in love with the cat and would like to have him.Answer #3: I picked my cat up as a stray, and the first thing the vet did was check her for a microchip, which she had (but we called the original owner and they were 100% okay with me having her because they'd dumped her and assumed she was dead!).

If whoever adopts it and takes it to the vet tells them it was a stray, usually the first thing the vet will do is check for a chip. Of course, it's probably not 100%, but it might just be enough for someone in your area to.

I'm extremely sorry this has happened to you, and that the person isn't responding. The admin might have confronted her and she got spooked?

Good luck, and I'm sorry.


Title: [Va- USA] How does one prove a 'sincerely held religious belief?

Question:
A friend and a co-worker does not want to get a flu shot. They have worked in a local Emergency Room at a major Mid Atlantic full trauma hospital for 15+ years and have never gotten the flu. Apparently the vaccination is required at threat of losing their job if they refuse.

The end of the legal jargon on the paper work, I have an image I wanted to link in the OP but this sub does not allow them and for a good reason I assume, states that one can be exempt if they have a sincerely held religious belief.

So my question is, is there a legal process that is used to prove that the belief is based in religion and actually a sincerely held belief?

Answer:
 This is going to get way more complicated than you ever could have imagined.  This is cutting constitutional law.

First and foremost: is this hospital a government actor?  Does she actually have a closely held religious belief?  Is exercising her closely held religious belief a core tenant of her belief system?

Courts will not probe the legitimacy of her belief, but they will probe the sincerity.  Further, even if she is sincere . . . one does not always get to practice their preferred method of worship.

Edit: Forgot some.

The court usually determines what a closely held religious belief is.  It is just a matter of fact.  If you get super bored, check out *U.S. v. Myers* 95 F.3d 1475 (10th Cir. 1996). Myers gives laundry list of factors to help determine whether it’s really a religion, as opposed to simply personal preference, convenience, way to get around things.

Answer #2: Does your friend actually have a sincerely held religious belief that precludes them from having a vaccination?Answer #3: Am I wrong in thinking that you're asking for help for your friend, who does not have a religious belief that would prevent him from being vaccinated, to fraudulently convince the hospital that employs him that he does have such a belief?

I think there's a public health interest in not assisting you with that.Answer #4: You can link in the body of your text-post as long as it doesn't include personally identifying information; you can't link from your main post title as this is a discussion sub, not a "post links to other things on the internet sub."

In your friend's case, I don't think it matters. The term is "*reasonable* accommodation" and not getting a flue shot while working in a hospital is not reasonable.


Title: Is my grandma paranoid about being sued?

Question:
Ok so I need advice I wanna know if my grandma is being paranoid. She is always afraid someone is gonna Sue her.

Some examples she claims.

I couldn't borrow her van (my car wasn't big enough) because the kids I babysit were going and if I  (the driver) got in a wreck SHE might get sued for injury. Side note: grandma wouldn't be in the van. Borrowing the van wasn't an issue she said if I didn't have them I could. Also I have borrowed her van many times before.

The kids I babysit can't jump on the trampoline even under MY supervision because SHE might get sued if they get hurt. My kids can jump without them on it though.

I'm not upset about this I'm just curious. Is she being paranoid.

Edit: Location: Ohio

Answer:
 Your grandma is not that paranoid at all.

She could be named party to a lawsuit in both situations you mentioned.


Title: Me and my foreign gf decided to get married. Is the government going to suspect visa fraud?

Question:
My Australian girlfriend has been visiting me here in the states for the last couple of months, and as always when we're together, things are amazing. We decided that it's time to take the next step and start working towards living together, so we're getting hitched in a tiny ceremony next week.

The part that we are having a tough time with is figuring out what to do next. The long but safe scenario is for her to go back home and for us to start the process of bringing a spouse over. It takes about a year. The shorter way is to file for an adjustment of status and permanent residency immediately and have her remain (she's in college, so in practical terms all she needs to do to move is drop her classes for the next semester and she can do that from here). That would be preferable, but we're both conscious that it *looks* sketchy, even if it seems like laws are supposed to cover people like us. The perception I'm getting from reading online is that these provisions are frequently abused, and thus applications are highly scrutinized.

What we're worried about is that if USCIS decides we were planning to get married in the first place, they'll basically blacklist her from the country. That's a terrifying idea. So scary, that we're considering simply delaying our life together by a year. But is that a rational fear? I don't think we're actually doing anything wrong... but how do you prove a negative? How do you prove that you \*weren't\* going to get married?

Answer:
 “It’s been a great two months, so we’re getting married” makes you look like either visa scammers or idiots.

You want to consult with an immigration attorney before proceeding.


Title: [NY] Ex wife violating our custody order under the pretense of summer access. Don't know what to do.

Question:
As the title states currently my ex wife and i are having an issue where she has stated she will not be following our custody order under the pretense of summer vacation access. I am supposed to pick them up tonight and don't know what to do.

A bit more info to help.
Our custody order states that if we wish to use out (one)Week long summer vacation access we must inform the other parent (Sixty)Days in advance along with a travel itinerary and contact list.

She contacted me originally within the time frame needed, then two weeks later tells me the plans were cancelled and that she would inform me of the new plans when they were made.

Three weeks ago she tells me the new plans and a week after that gives me a new itinerary of travel, except its now for this week and not before the sixty days required notice.

So my question is, How should i go about handling this? Do i go attempt to pick them up with police presence? Will they even enforce the custody order if i have it on hand? If she takes them out of state without approval on a day that is supposed to be mine should i file for parental kidnapping???

Im torn and don't know what to do here.

Answer:
 This is not kidnapping and the police won't get involved.

If she violates the order by not giving notice the full 60 days in advance then you can go back to court but this may be a moment where you want to choose your battlesAnswer #2: Well will the children be benefiting from a vacation? Maybe you could just be civil and talk to her and even switch a week🤷🏻♀ I think it’s to much work to get the cops involved unless u really think she’s going to kidnap them


Title: Can I force a website to remove copyright semi nudes /fake profile of me? Is ISP also liable for refusing to take it down? All involved are in USA

Question:
I found out this website has a fake profile and semi nudes (me younger in a revealing swimsuit on vacation).  I've never been on the site, I never signed up.  It's a gay porn site BTW.

The website operator makes fake profiles and pulls pictures from the web.  I wrote the guy telling him to take my information off there and he told me basically to fuck off.  Now he's spamming me with other guys on the website who want to hook up with me.

One of them is a porn actor on instagram.  No, I'm not that good looking that some random porn actor wants to fuck me.

I called his ISP (Cablevision) and they told me I'm shit out of luck.  They told me to click on the opt out on his spams, but he's still sending me spams.  And NOW, he has put up my email address in the clear on a website called "loser's list".  there's dozens of email addresses on that site, I'd assume it's other guys who've told him to take down their pictures etc.

I used a proxy to look at the site and my picture and "profile" is still up there.  Once again Cablevision says they won't do anything about it and I should go to the police.

The police said they can take a report but that's all, since the website and it's owner is in New Jersey and Cablevision is in New York City.

Does anyone have suggestions on how to proceed?  I want 1. my picture taken down 2. my 'fake' profile taken down.  3.  take my email off the website 4. not contact me again.

If I can sue for damages that would work too.  Research on the internet shows this guy has been doing this shit for almost 15 years or longer.  There's people bitching about it from back in 2002.  And Cablevision obviously hasn't done anything about it.  This guy was sued by Jeep for copyright infringement a long time ago and PDFs of court documents indicate he didn't even show up.

Is there something I can do that won't bankrupt me?  Is there any recourse against Cablevision?  I'm gay and out but I really don't want a potential employer to look up my email address and see it on a gay porn site.

I didn't even fucking sign up.  He got my email from telling him to take down my information.

What can be done to force him to delete all information he has about me?

What damages might I recover from him?

What if any recourse do I have for damages against Cablevision in case this guy doesn't pay up or show up, which considering Jeep's lawsuit against him, I'm guessing he won't show up and I'll have an unenforceable piece of paper, with no guarantee that he won't take revenge on me using an overseas ISP.

Edit:  I took the pictures of myself, they are about 10 - 12 years old.  I took them with a digital camera.  They are of me and by me.  There is no nudity just very brief swimsuit.  I'm out but the pictures and my email address is on a porn site in the clear so anyone could find it.  The email address is one I've used for over a decade now so there's a lot of history.  In hindsight I'm surprised that nothing like this has happened yet with a 10 year old email address.

Answer:
 Hire an attorney.  Have him send a proper DMCA request, and then follow through with a suit if that's not complete.

The ISP has virtually no liability.  Not worth your time to bother them.


Title: Boyfriend being charged with domestic abuse

Question: I'm posting this because my boyfriend is in need of advice, but is too stubborn about the situation. We live in Wisconsin. About 2 months ago we got in an argument and he grabbed my face. Following the incident, not thinking clearly and under the influence of my mother, I filed a police report. Since then we made up and have been living together this whole time with our child. Though it was all a thing of the past but then we received a letter stating the DA wanted to pursue the case. I contacted the DA explaining to her that it was my wish not to pursue this. Since his initial hearing (he plead not guilty) he received a letter from the DA. She wants to amend it to a disorderly conduct ordinance with a $250 fine and domestic abuse assessment. I feel that he should take this offer, he feels he shouldn't. I'm afraid that this is going to end up much worse for him if he does not. Is there anything I can do at this point? I do not want him to go to jail or to be entirely screwed over.

Answer: Others have answered your question; I'm giving you a piece of side advice: Do not lie. If you lie about what happened and are caught or it contradicts your previous statements, you'll be charged with perjury, something that active DAs like the one you have take very seriously.


Title: [FL] Is it legal for an HOA to disable *convenient* gate access for month-to-month tenants?

Question:
We have one of those lovely HOAs that is predominantly-run by retired folk, and they generally treat renters like second-class citizens. We also have a front gate (usually unmanned) that uses a barcode reader to scan barcodes on vehicles. This is for owners and for tenants with an active lease. The HOA does not like month-to-month renters, and so the only way for those individuals to get to their houses (that they pay to have and to hold) is via the guest access. This involves typing in a tenant-specific code that \*calls\* the tenant, and then they have to press 9 to open the gate. Usually there is a line for this while the barcode elite breeze through the gate.

I'm all for being under a lease, there's a clause in there about being able to break it more or less at any time without penalty, so it's really just there for the HOA's appeasement. The problem is, the property manager does not seem to want to give me a new lease. I have written communicae stating the owner has agreed to lease renewal, and that he will have the lease to me "right away". I have been bugging him about the lease for months now. He's never in the office when I drop the rent check off each month, though he makes sure to cash them right away. Frankly I am not exactly against being able to leave at will with only 30 days' notice, however having to buzz myself in every day is quickly becoming tiresome.

I could complain to the property manager's boss, but I would like to maintain a good relationship with the property manager, especially considering I am not currently under a lease and very vulnerable to eviction (well, "eviction").

Is it legal for the HOA to \*discriminate\* between renters and owners in this way? I know it is illegal to deny access to tenants, but we do have that call box option. I also know that discrimination is illegal, however that seems to be more about denying housing altogether, rather than making a certain group of people enter the community in a less-convenient way. I have spoken to the on-site HOA manager (which changes somewhat often) and they give me the same speech each time, that barcode access is only for those under a lease. Clearly it's being used as an incentive device for renters and serves no other purpose.
Topic:
Landlord Tenant Housing

Answer:
 >I also know that discrimination is illegal

&#x200B;

Only certain kinds are, and this is not one of those. Nothing illegal going on here, I'm afraid.Answer #2: It is legal for the association, as may be seen in the best light, to have an access process for long term residents and another for shorter term ones that may be less burdensome in terms of setup.

Probably even when burden to the association has nothing to do with the decision.


Title: Gift idea for a lawyer

Question:
Hello Legaladvice,

I'm wondering if you could give me any ideas for an xmas gift that someone specifically in the profession would enjoy or find useful.

I would love any insight you have, and sorry if this isn't exactly what the subreddit is for!

Answer: Alcohol. Specifically whisky/scotch/bourbon.Answer #2: A good review on yelp, avvo, and any place else you can think ofAnswer #3: Paying your bills on time. Liquor. Baked goods. Gift cards for food and or liquor at a "nice" place.Answer #4: call their secretary and ask, they'll suggest things. some people like decorative paperweights, others like new ties, others like scotch and lot of it, etc.


Title: Is it legal for an 18 year old to date a 16 year old

Question: For background I’m an 18 y/o Male senior in high school (Arizona) and my boyfriend is a 16 (almost 17 y/o) junior (Washington state) are there any state or federal laws prohibiting us from dating (asked me out after I turned 18)

Answer: It's unclear what dating means to you, given the physical distance between you two. You can't send each other dirty pictures, if that's your question.


Title: Dog/house sitter gave our dogs medicine/anti-anxiety “treats” without consulting us beforehand. No contract was involved but it seems like common sense not to.

Question:
This is in Oregon, I wasn’t sure which flair to use/if I needed one. But I think it fits.

My family took a trip to Maine for Thanksgiving, we left our two dogs with a dog sitter. This lady made it very hard to come to an agreement on price and wanted to micromanage every aspect of her time at our house. We head home tonight and get back around 1am. Two days ago she texted my dad telling her she received a “free bottle” of glucosamine and asked to give them to one of our dogs who was apparently acting nervous. In the same text she explains how she got some “free samples of anxiety treats” and gave them to our other dog. My dad responded saying to please refrain from giving them medicine. She continued on to say “I hope you’re not mad I gave him the treats” and proceeded to recommend other medicines for anxiety. She seems to have the best interest in mind but has gone over the top with everything, especially giving them these anxiety treats without asking us. Is this against the law in any way? We have not payed her in full and should we/do we have to after this? I can imagine it’s more something that shouldn’t have happened and isn’t legally wrong; but I’m livid over it as I care a lot about my dogs and having someone who has been extremely over controlling taking care of them, then doing this is very concerning.
Topic:
Douche

Answer: Glucosamine is to help with joint pain and won't do anything for anxiety. Regardless, you had an agreement and need to pay her for her work. You have no damages, and thus no grounds to sue. You can leave her a poor review and not recommend her to anyone else.


Title: Can I sue my homeowners association for banning AirBnB?

Question:
Boston, MA

I'm in a condo and finally got a cease and desist from my HOA over new bylaws that no unit may be leased except for a minimum of one year and every lease shall be provided to the trustees within 5 days of the commencement thereof. I rent my place on AirBnB weekly when I travel mon-Thur.

I would understand if it was a safety concern, but they also allowed a bar to be put in the bottom floor of the building...

Any ideas of how I could approach it legally (age discrimination maybe; I swear they did it because I am 25 compared to older owners)? Also, if a reservation was made before the passing do I have to cancel it?

Answer:
 You generally can't win a suit against an assembly if the only basis is that that assembly is making lawful use of its authority. If your HOA has the authority to restrict leases, then this is a lawful exercise of that authority.

If you want to challenge it, get the residents on your side and push through an amendment reversing the new rule.Answer #2: This is well within your HOAs power. Only way at this point to fight it is to get on the board to overturn it or get residence to fight it. Most likely enough of your neighbors complained about this and fought to get it passed.  And if you do not want fined yes you will have to cancel all AirBnB at this point.Most Hoas ban Airbnb so it is very common practice.


Title: [California] My car got totaled while I was making a protected left turn, other driver has no insurance.

Question:
I just need some advice on what to do? We had 4 witnesses (who said they believed the other driver was at fault). The police called us today and said the other driver had canceled her policy 4 months prior. We don't have the police report yet (should be ready in a couple of days) so what is our first step?

**Edit** I forgot to add, the lady does not believe that she is at fault, even though we had the protected left turn.

Answer:
 If you have full coverage on your policy, contact your own insurance company.

If not, you will have to sue the other driver, but it may be a frustrating experience if they don't have any assets.