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(BC, Canada) A friend of mine has had a mobile home transferred to her name by her ex without her knowledge, and his lawyers say it's legitimate. How is this possible?
| She says he got his lawyers to put the home in her name, and say the price was 1 dollar. I can't believe that this is anywhere near legal, as I am under the impression that both parties need to agree to a sale or transfer of ownership, and sign for it. Please help?
| Don't take advice from your opponents legal counsel. She may want to get her own lawyer to review all this and then with their help file a police report for forgery/fraud if that is how they are trying to do this. May want to also talk to that lawyer about filing a complaint against the other lawyer. |
Does Power of Attorney give someone the right to restrict seeing the principal?
| Location: Texas
My grandmother has recently been put in the hospital due to poor physical health. Prior to her being put in the hospital, my brother and I took care of her. My brother lived almost full time with her catering to all of her needs. He balanced her check book, paid her bills, took her to doctors appointments etc. You name it, he did it. Since she has been in the hospital, power of attorney has been given to my uncle. He has been siphoning money out of her account at his leisure and my brother called him on it, so my uncle told the assisted care place she is currently at that he wasn’t allowed to see her. Is he within his rights to do so? I visited my grandmother today and she said that she wanted to see my brother, but felt powerless to my uncle because he has POA. My uncle can have the money. I genuinely don’t care. I just want my brother to be able to see my grandmother.
| Your grand mother needs to meet with a lawyer ASAP and cancel the POA. As long as she is of sound mind she can do so.
Someone with a POA gets to control decisions on behalf of someone who is unable to make decisions. It sounds like your grandma can make decisions still. She can override a POA if she chooses to do so. |
Need some quick advice
| Hi all.
So I recently was granted 2-2-3 schedule with my child. My problem is with my ex.
Since Presidents day is tomorrow he didn't have school Friday nor does he have school tomorrow. My ex dropped him off at 2pm Friday because the court order states that my pick up begins at that time. She expects me to drop him off at 8 am tomorrow because the court order states that. It does not. It states that I must drop him off at school at 8 am. The judge and mediator explained that drop off and pick up are at school (it is not written in the court order because we both agreed in court). Though I drop him off at 8 am, he is still under my legal care until after school, which she picks him up and her time starts. She's saying that since he doesn't have school tomorrow I need to drop him off at her house or she will call the cops.
I just need advice as to what to do or how to handle this situation. Does she have the right to have our son at 8?
Anything will help.
Thank you
Edit: Location, Southern California
| It's debatable either way - and it is definitely something you should get some clarity written into the agreement for future times when this happens.
But do you really want to dig your heels in and fight her over it this time around.
Is there a reason why you can't (or don't want to) drop him off at her house.
Can you possibly even meet at the school and exchange custody there if you don't want to go to her house.
My advice would be to take the high road here and not get into an unnecessary argument. |
Do you have to include children in Divorce Documents?
| Looking for advice for Colorado Divorce cases... I have googled to no avail.
Here is the shortened situation. Husband and Wife have been separated for almost 6 years and now would like to file and get a formal divorce. During their marriage, they had two children who are now school aged. For the last 4 years wife has had no contact with the children per her own choice, the door has always been opened on husbands side.
Now that they would like a divorce she would like to file without including the children. She doesn't want to get hit with child support, and she would like the current parenting plan to stay as is. Obviously, this is not ideal for the Father as he would not have finalized custody papers, however, for the sake of this discussion, let's focus on just the filing without the kids.
I was under the assumption that you had to include the children in the divorce process, but I am unsure if that is really the law. Any thoughts?
| A petition for divorce must indicate all living children from the marriage. That doesn't necessarily mean the mother will pay child support. |
[PA] My bf had a problem with is visa when returning to US from his home country [Canada], is there any way to quickly resolve this so he can enter the US again?
| My bf is originally from Canada, he has been living in the United States for the past ~6 years on a work visa. Earlier this year he quit his job at the company that he came here to work for (they have a branch in Canada and he started there) and almost immediately got a new job. This job is also on the up and up - he gets paid in check, pays taxes, etc. and has never been in legal trouble since he has been in the country.
The problem is that he never reported the job change, so last week when he went to Canada to visit family he had no trouble getting into Canada (of course, since he's a citizen), but on his way back to the US he was stopped at the border and the visa issue came up. I guess his visa was revoked for not reporting the job change or going through the proper channels to check if it was ok. Now he is stuck in Canada and as far as we know his options are a) have his new boss request a visa/renewal for him? b) come get his belongings and return to Canada and he will be banned from entering the US for five years. Is there an option c here that we are missing? How likely is it that he will be able to get it settled and come home? I'm sure this is a stupid question and it's been asked here a million times, but would marrying an American help the process?
I don't know how visas between US and Canada work at all; I am familiar with immigration laws and such between US and Mexico, but I'm assuming that's a whole different, way more complicated ballgame and am hoping Canada may be a little less restrictive. But like I said, I don't know. I am just looking for any advice that I can pass onto him so we can figure this out as quickly as possible.
| Bump to crosspost to /r/immigration and www.visajourney.com.
Your boyfriend needs the services of an immigration lawyer due to his failure to report his employer update to USCIS. US immigration officials take updates in status very seriously (e.g., immigrants on permanent residence status have to report /every/ time they move until they've got their citizenship paperwork in hand). His failure to notify the US government isn't USCIS' problem, it's his. The border agents were within their rights to bar him entry.
Since he's in Canada, he will want to consult with someone skilled with US immigration law. They're pretty common in the larger cities. Alternately if you are in the US, you can seek an AILA referral.
Canada/US have several NAFTA-related programs for visas, but don't expect this to be a cakewalk. It's not. He needs to consult with a lawyer to scope out the options, whether he might foul reapplication by having his new employer fill out the work visa request with this on his record, and whatnot.
**Do not** marry him to try to secure his permanent residency. A ban applies across the board if levied. A marriage of convenience to gain him status will throw all kinds of red flags for immigration officials and could escalate to a lifetime ban if you're found to be fraudulently marrying to circumvent the system. Obviously if you were midway through wedding plans, the answer might be a little different (like why weren't you sponsoring him or filing a concurrent petition for alien spouse/permanent residency). Right now, though, he's got a big red mark of 'losing work visa' that a marriage won't help with.
TL;DR: Get a competent US immigration lawyer for him in Canada to help see the best path. |
Ex keeps taking me to court
| My ex keeps taking me to court every 6 months for the last 3 years to family court due to our daughter. He refuses to try to make schedules or talk to me about his demands before going and makes up stuff as he goes. This is expensive, time consuming, and resulted in me losing jobs due to missing too many days due to court. I work in healthcare. What can I do? I live in Sacramento, CA?
| My dad did this to my mother. She filed to have him pay her lawyers fees and then her lawyer purposely did things to drain his money so he'd not be able to take her to court. So I would suggest finding a lawyer that can help you get their fees paid by him.Answer #2: Not a lawyer, but do know CA courts can order mediation and counseling. Believe it’s low cost or free. Getting the court to require mediation before going into the courtroom could slow his roll and give you more equal footing, and more control over scheduling.
I would start with the court self help center. You can also look to local legal aid/clinics and law schools, there are a few in that area.
https://www.saccourt.ca.gov/family/self-help-center.aspx
https://www.courts.ca.gov/1189.htm?rdeLocaleAttr=en#1 |
(New Hampshire) Help for my cousin (19M). He hit a pedestrian (20sF) and was found to be on his phone at the time. He doesn't have insurance. If he has no money or assets and she was a Canadian tourist what happens next? She broke her arm, cheek and some ribs and is still hospitalized here.
| He will probably receive multiple tickets and be sued for the damage he caused to the pedestrian.
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Gave custody of my daughter to my mother to terminate father's rights per attorney's advice. I raise her. Now she refuses to give custody back, preventing us from leaving her toxic, alcoholic household.
| Attorney consultation is scheduled for next week ... I just would like to know if my case has a chance as I struggle to hang on in the meantime. Thank you for your thoughts, it truly means the world to me.
I had my daughter seven years ago. I was living in Colorado when I got pregnant. I moved to Tennessee shortly after to live with my father. During my pregnancy, my daughter's father cut off communication and ghosted me. My father then kicked us out of the house shortly after I give birth. I move into my mother's house against better judgment and no options, also residing in Tennessee. Fast forward four years. My daughter's father starts sending me threatening emails after four years of no communication. We hire an attorney. She suggests terminating father's rights. In order for them to never be reinstated, she suggests me giving custody/adoption to my mother. In a vulnerable and distressed state, I agree.
My mother recently had a heart attack due to 20 years worth of habitual smoking, refusing blood pressure medication and excessive drinking. She has always been a bit off, she comes from a narcissistic mother and has extreme codependent tendencies because of it, but something in her has gone WAY off. Not sure if it is the combination of the new medication (to prevent further heart attacks, 7 prescriptions) alongside continual alcohol abuse, menopause or my epiphany that now that my daughter is getting older this environment that she is being raised in is affecting her immensely. She was the sole financial provider whilst living under her roof for the entire time up until 5 months ago. She quit her job suddenly and I quit school and started working. I am the main income provider at this time and have been the sole caregiver to my daughter for her entire life. I can count on my hands how many times she has made a meal, given a bath to my daughter, even taken her anywhere ...
Last week, my daughter didn't feel well, the nurse advised for her to stay at school. But, my mother works at my daughter's school in the cafeteria (three hours a day at $7.84/hr) and ran to her .. as her co-dependence has drastically been heightened since her heart attack. Nurse tells her to call me, she does not. She checks her out and per my neighbors observation, was seen getting into my mothers front seat without a car seat. This is not the first time. The handful of times she has taken her somewhere she has done this. I have told her multiple times this can KILL HER. My neighbor even said my daughter tried to get in the back seat but my mother didn't let her.
Since I have been recently realizing how toxic this environment is for my daughter (we're talking control issues, a big entire bottle of wine a night, smoking around my daughter, lack of hygiene etc.) I have been avoiding my mother and trying to not speak to her. This is triggering her codependency and she is cornering me and trying to get a rise out of me for attention any chance she gets. I work from home and my mother is only gone those handful of hours a day. So she has many opportunities.
She has barely been involved with my daughter up until I recently told her I wanted to move out with my daughter. She loves her but she is unable to care for herself let alone a child due to her addictions and depression. Basically, I have been carrying the household since we have been living here, aside from finances (in which if I didn't arrange the bill payments they would not get paid) up until now. When we first moved in bills were not paid, electricity being cut off monthly, rats living in my babies room etc. I have done EVERYTHING and gotten this house running again.
Before I started working from home I worked briefly at a Vet's clinic (5 months ago for 3 months). During this time my mother would watch my daughter. This is the first time she has ever cared for her. My daughter would often complain to me she wasn't getting fed enough, ignored, not abusive but extremely neglectful to my daughter's need. She simply cannot see them she is so deep in her alcoholism and depression. I could not bear this so I quit my job and start working online.
My other family members do not speak to me and I have no support system. She has told my daughter she wants me to move out and for her to keep my daughter. My daughter is terrified now that she will never be able to see me again. I know she is trying to get me to do things in order to justify kicking me out. Last night as I was trying to get my daughter to bed, my mother refused to leave my daughter's room. She has been using her as a tool. She continually refused to leave her room so I could get her to bed, she said she wanted to say goodnight. I said then do so. She then starts coming closer and closer to me just staring at me trying to get a rise out of me. She has been doing this everyday while my daughter is at school for two weeks now. I snapped. I forcefully pushed her out of her room and shut the door. She calls the cops. Cops are amazing and calm the situation. No charges pressed, no ongoing investigation. Just a warning to cool it. I buy key locks for our doors today and call an attorney.
In the meantime, before next Thursday for the appointment, the thread I have been clinging onto these last seven years is deteriorating. I feel like none of this is real. I knew I should have not allowed custody to her, I knew I should have not trusted her. It's gotten to the point where I feel selfish for even having my daughter in the first place, being raised in the same exact environment I was ... and suffer immense emotional trauma because of it. The cycle is repeating another generation I feel. I have tried for so many years to make it work here with her. But, there is nothing I can do anymore to help her. I have to leave, I will not leave without my daughter. If I lose this case she will kick me out .. I just know it, as it wouldn't be the first time. I have been trying to cut toxic ties out of my life this last few months and have been successful in doing so. This is the last one, the hardest one.
Love to each and everyone one of you who reads this.
| By your own words you didn't "allow/give custody" of your daughter to your mother. Whst you did was allow your mother to adopt your daughter. This means you jot only terminated her father's parental rights but you also terminated your parental rights.
Legally you are not her mother, you are her sister.
I don't know how you legally did this without her father's consent but that is a moot point right now.
Expect this to be a long and difficult uphill battle. |
[Atlantic Canada]Ex-gf lied about being pregnant cause me large amounts of grief almost lost my job due to stress
| Hello all,
So I was in a very rocky relationship with an abusive ex the last couple years, I finally broke it off with her and she tells me she's pregnant....which I was actually quite happy about I have a low chance of ever being able to have kids conventionally, I stayed seperated from her and got my own place and took her to appointments.....only to discover at the 1st ultrasound she was not pregnant at all, during the 3 months leading upto the ultrasound she harrassed my family and friends about taking me away from her when she was pregnant, called my work place, blew my phone up at any time she please.
I was on stress leave from work for a month as I broke down one day crying at my desk and couldn't even concentrate on my job.....an hour and a half had blown by and they say I had a complete mental breakdown from everything that had been ongoing, what I'm wondering is can I sue her for emotional distress as has been suggested to me, or should I just bite the bullet say forgot her and let her live her life in misery as she has already been outed for lying about the pregnancy.
Topic:
Other Civil Matters
| If she went to medical appointments and scheduled an ultrasound, do you think its at all possible she was honestly mistaken about being pregnant (instead of lying about it), or was actually pregnant but miscarried and didn't notice (this is possible early in the pregnancy; most women who miscarry don't even know they are pregnant at the time)?
These are more likely scenarios than that she intentionally set out to cause you distress, which you'd have to prove if you sued.Answer #2: You posted nothing that can substantiate your claim that she intentionally lied about being pregnant.
Leave crazy in the rear-view mirror, and move on with your life. |
What steps can I do as a minor to change custody of me?
| Hey all, I’m a 17 year old from Maryland with a family split up with a 55/45 custody. My mother (who holds 55) is my primary provider and in recent years has became verbally abusive toward me and my brother. From what I’ve been told, I have the decision to go to who’s parents house I want to since the age of twelve, and every time I have brought it up, my mother has punished me for attempting to go to my father..is the whole 12 year old rule thing made up? Any help is appreciated
Topic:
Custody Divorce and Family
| No. You don't have that power. You have the ability to express your desire to a judge. The judge still decides what is best
You cannot do anything to change custody.
Your father can file for custody and you can tell the judge what you want.
Realistically, you are almost an adult. Getting to court and making the changes will likely take months. Just wait and move when you are 18 |
I bought some training collars for my dogs and they may have just put my dog's health at risk.
| I'm in Alabama
So, I bought "Alpha Training Collars" for my dog and puppy. I mainly bought them for the vibration (I think shock is mean, and they respond to the vibration well). It cost me just over $100.
Both of my dogs are medium/small (20 lbs). The collars are Huge (meant to be one size fit all), and the only way to make them fit is to tighten them and cut the slack. Which is what I did, now I didn't know you have to burn the ends so it doesn't fray (yeah, I may be a bit dumb, but none of this is in the collar instructions, its just like here, good luck).
Within a day the puppy's frayed and fell off. The dogs stayed, but only because I literally stapled it. I contacted them for replacement collars in which they then inform me to burn the ends, and that they will send a replacement.
Awesome. But today, something really strange happened. The box fell off of the dogs collar. With it, two rubber pieces and two little metal prods. Because I can't find these, I strongly believe my puppy who chews everything, may have eaten them.
That metal might destroy his digestive system. I'm waiting to see what happens. On top of this the collar gave my dog a terrible rash.
If something does happen, its going to be terribly expensive. Is there any chance the company can be held responsible for the defectiveness of their product?
| > the only way to make them fit is to tighten them and cut the slack
> Is there any chance the company can be held responsible for the defectiveness of their product?
It's not their fault you cut the collar. It's not their fault you weren't supervising your dog well enough to not know if your dog ate the parts.
They are not liable here, you are. |
Mystery payment appeared on credit card
| Oklahoma, USA
A $2500 payment was posted to my Chase credit card on 12/28. It didn't come from me or from anyone I know. I had no balance on the card, so now there's a $2500 credit. It looks like the payment was made via billpay from another bank (the transaction description is "Payment Thank You - Bill").
Do I need to do anything about this? Or is it up to Chase or the person who posted the payment to fix it?
| Call your credit card company. The payment's gong to be reversed one way or another, might as well get a jump on it. |
(UT)Property dispute with neighbors
| My neighbor claims that he had a surveyor come out and check property lines. According to what he's said, the property line is not where our fence line (fence does not extend to the street, but separates the back yards) is but 5 feet into my yard. He says that he wants to build a fence between the houses out to the sidewalk. I asked him to see the report from his surveyor as proof. He instantly got defensive, and said that I need to pay my own surveyor to do so. He refuses to provide proof. There were no flags set to show the delineation in my yard like I would think a legit professional would do. There are several red flags to this story that have my bullshit alarms screaming.
My next 3 steps are to call the county assessor office and see if I can get someone to figure out what's going on. I will also contact my title insurance to get them involved. Then, once I'm armed with info, lawyer up (if the title insurance company doesn't provide one)
Is there anything I'm missing as far as steps moving forward? Anyone else that needs to be consulted?
| You're on the right track. Have your own survey done. Your surveyor may be able to contact your neighbor's surveyor to obtain a copy if your neighbor continues to refuse to give you a copy of his. Answer #2: He is probably trying to manipulate you into paying for a proper survey so HE knows the boundary line for a planned fence. No survey Co would do a instrument survey or boundary without marking the line with red steaks. So his story is bogus. So what you should do is call the building department and ask if a permit is needed for a fence, not all jurisdictions require a permit. Once you know this, call your lawyer or any lawyer to write a letter stating a you feel the current boundary line is in dispute. Any fence put up on a disputed boundary line will result in litigation. Now offer to have a NEW proper instrument survey done with steak markers by a mutual agreed ed licensed company, or have two surveys one by you and one by him to agree on the final boundary line. Then a fence can be installed. |
Landlord undercharged, now they want to collect back-charges.
| Location: CA, USA
I originally signed a 1 year lease which I honored. After the 1 year lease, I received a notice showing that I was switching to a month-to-month lease and that the rent would increase by a specified amount. I was asked to sign the lease, which I did. It locked me into a month-to-month rate. 1 year later, I receive another notice for another increase to my month-to-month rate starting the following month.
This time I ignore the notice and the landlord continues to bill the previously agreed monthly rent (using an online web based system). A few months later, I'm hit with a bill for over $1200 USD for supposed back-charges. I'm curious if I have a case for getting out of paying back-charges, since I never acknowledged or agreed to the new rate and they originally failed to charge me in the online invoices.
| You don't need to agree to it because you are month-to-month. If they gave the proper notice of the increase you are bound by it. You owe the back rent.
http://www.dca.ca.gov/publications/legal_guides/lt-2.shtml |
One can’t be incarcerated twice for the same crime right ?
| So what if I was found guilty of killing someone and got sent to jail for the crime. When I get out of prison I find out that the person whom I was accused of killing is alive. I kill that person. Can I be tried again for their murder ?
| Yes, you can be tried again.
Killing Seymour Butz on June 11th in Central Park is a different crime than killing Seymour Butz on August 15th in the Grand Canyon. The double jeopardy clause protects against successive trials for the same crime, not for two different crimes.
And a moment's thought would make this clear.
Suppose the crime was robbery. If you steal Seymour Butz's wallet on June 11th in Central Park, do you imagine that you're immune from a robbery charge when you steal his wallet on August 15th in the Grand Canyon?Answer #2: Nothing would prevent you from being charged for killing the person after your release. An erroneous conviction and sentence do not negate responsibility for actual crimes subsequently committed even in the event of it being the same basic criminal act you were previously convicted for in error. |
Tree sap is ruining paint jobs and apartment complex refuses to cut down the tree
| I live in an apartment complex in Albuquerque, NM. Said complex has assigned parking. Unfortunately the assigned spot for my unit is right under a (dying) pine tree that leaks sap CONSTANTLY. As you may have guessed this has caused damage to paint jobs on multiple vehicles and is a huge nuisance. The complex refuses to cut down the tree. Parking in another spot is not an option due to the fact that everyone has assigned parking spaces. My question for you guys is whether of not the complex is liable for the damages to mine and my neighbors vehicles? Can we (the tenants) force them to cut down the tree? Thanks in advance for your help!
| You can't force them to cut down the tree, but you can sue them for damages. |
HOA has been "losing" mail I've sent them. Can I send them Certified and charge them for it?
| I've been sending mail correspondence to my HOA and they are saying that they never received it. One of the board members mentioned in passing that they tend to lose things. Now the HOA is claiming fees and fines based on "no response" from me. I've emailed them billpay receipts and endorsed checks to prove payment, but in the past they haven't responded to my emails either.
Can I send them certified mail with return receipt and charge them for the cost of doing so? It is ridiculous that I have to shell out $7 out of my own pockets every single time I have to communicate with them. Because of their poor record keeping this happens too often to be just an occasional thing.
I live in California, if that helps.
| Can you charge them? No, probably not.
​
However, you don't need the certified/return receipt. Put it in a big (8.5x11) envelope and mail it first class with tracking. It should cost $1.18 or something. Keep the tracking number and print out the confirmation of delivery from the website. That's generally sufficient. Also, make sure to keep a photocopy of whatever you send, staple it together and write "sent X date" and then staple the delivery confirmation on the back.
​ |
Can simply telling a woman at work, alone and in the doorway of an office, that she is beautiful land a person in trouble? This was only done once.
| With the facts presented, I can say with 100% certainty the answer is: Maybe. Answer #2: If you have to ask, you know you probably shouldn't have done it. |
|
Is a signed agreement legally binding?
| I'm a 20 year old college student and I'm in a weird situation. There's a company I used to work for and things weren't working out. We had to sign an "agreement," which was what it was labeled as rather than a "contract." It stated we had to do various things if we quit or were fired. Am I legally obligated? The document was about 18 pages long. Where I worked for them was in ME but their office is in MA.
| There is no magic to labeling something an "agreement" rather than a "contract." If it meets the requirements for a contract, it is one. The fact that it is 18 pages long tells me it was probably drafted by someone who knows what they are doing. Other than that, we can't tell you anything without far more information.Answer #2: It does not make any difference if they label it an "agreement" or a "contract". You are bound by what you signed. |
[California] My wife and I want to separate, but the only other place she can live is 8 hours away, how would custody work? Is she even allowed to take my son so far away?
| [deleted]
| Right now you have no formal custody order in place, so there's nothing preventing either of you from taking your son wherever it's necessary. When you do get divorced, getting a custody order/plan in place will be part of the process. |
Do I need to show up in the court if my case was dismissed?
| I forgot to pay rent to landlord and therefore I received an eviction notice. I paid the outstanding balance and the landlord informed me that my case has been dismissed.
I have no idea about the legal system, so here goes the silly question: do I still need to show up in the court if my case was dismissed?
I live in Maryland.
Thanks!
| Do you have written proof, often called a notice of dismissal or a motion to dismiss, that was filed with the court? If not, I'd say show up to make sure that it was dismissed. |
[DC] Landlord is withholding money from my deposit for dishwasher repair because I did not report it during lease. I never damaged it, is this allowed?
| A few months before moving out I tried using the dishwasher and noticed it was not working properly, however I never reported it and just lived without it.
My lease ended March 1st and I notified him the dishwasher needed repair on March 4th after he noticed it was dirty. After reporting it he said it was working just fine.
I recently asked about my security deposit to which he said: "You never informed me that the dishwasher needed repair. I am trying to get it repaired. The cost is on you." I still do not know much the amount is, he said he is figuring it out.
Is my landlord allowed to charge me for dishwasher repair if I told him it was in need of repair lease had ended? I have copied a relevant part of the lease.
> The Lessee shall give the Lessor prompt written notice of any defects in or accidents to the water or steam pipes, electric wiring, heating apparatus, or any other part of said leased premises, in order that the same may be repaired with due diligence. It is mutually agreed between the Lessor and the Lessee that that the Lessor shall not be liable for any damages of whatsoever kind, or by whomsoever caused, in person or property of the Lessee or anyone on or about the premises by consent of the Lessee, whether acts causing such damage he activate or passive, and the Lessee agrees to hold the Lessor harmless against all such damage claims.
Thanks for your help.
| > Is my landlord allowed to charge me for dishwasher repair if I told him it was in need of repair lease had ended?
Yes. It was your job to tell the landlord that something was broken (and that's explicitly stated in the part of the lease that you posted). The landlord only know that the dishwasher was working when you moved in and that (according to you) the dishwasher was not working when you moved out.
> he said he is figuring it out.
In DC, landlords have 45 days to return a security deposit along with an itemized list of deductions (if applicable). You moved out on March 1st so he's got until April 14th to send the security deposit minus anything that was paid out for the dishwasher repair. |
Student purposly smashed my laptop and nobody witnessed it
| Location: NY
In school a few days ago, a kid picked up my backpack, asked if anything valuable was in it, and when I told him my laptop was in it he dropped it on the ground. When I got home I discovered the laptop was smashed. I went to the school who won't do anything because nobody saw it and the maggot is denying he did it. I am so disgusted right now. NINE people were asked about it and they all said they didn't see anything. One kid told the school that he heard a thump and saw the bag in front of the maggot withcme yelling at him. The school won't do anything with that information. If I file a small claims lawsuit, is there even a chance of winning? Is it up to the judge?
| How old are you? Depending on your age you may not be able to file anything legal by yourself.
With no credible witnesses and what seems like a "he said he said" situation, you will have a difficult time proving your case. You can certainly try though.
Edit- also, why did you not check your laptop there on scene? Finding the damage after you get home is going to be another hurdle to prove that the damage was caused by the dropping of the bag.Answer #2: [You've already posted this](https://www.reddit.com/r/legaladvice/comments/3sprvu/kid_at_my_school_purposely_broke_my_laptop_what/) and the advice remains the same. You didn't take the time to inspect the laptop after he dropped the bag for 2 whole hours, without any witnesses or camera footage backing up your claim, there's nothing here but a really expensive life lesson. It sucks and I imagine your parents are breathing down your neck over a $1,300 laptop but in the future you'll have the presence of mind to inspect for damages sooner rather than later.Answer #3: yes, it would be up to the judge. do you have any kind of insurance? they might cover this. you can also give them the kid's name. you should also file a police report. |
Hospital is charging me as a level 3 care when I should be a level 1, and wants a letter of dispute?
| Location: KY, USA I'm not sure if this is the right subreddit, so my apologies if it's not.
I recently went to the doctor for a UTI. I have a usual doctor in my college town, but they said the wait would be a good 4+ hours as they only had 1 doctor on staff at the moment. I asked if there was anyway I could get in sooner as I was in very bad pain (I get chronic UTI's and they're generally so severe that an oxy does not touch it). She informed me that I should go to urgent care and that they would take my insurance there.
I went, they took my vitals and a urine sample, and I waited another hour to see the doctor. It should be noted that this urgent care facility is inside of a regular hospital, but is NOT the emergency room. I get taken back, give them my allergy information, and wait 5 more minutes.
The doctor walks in, asks me if I pee every 4 hours, complains I'm allergic to x and y medications, then gives me 1 prescription for macrobid, and sends me on my way. I wasn't even with the doctor for 10 minutes.
The bill comes in the mail and they billed me for an ER visit. My mother calls (I'm still on her insurance, but I am not a minor) and they fix it. The physician bill comes and it's a whopping $325. I play phone tag with billing and they reveal I was billed as a LEVEL 3 care, which, if my research is correct, indicates that I received in-hospital care like an IV drip. Obviously I did not. *Edit: I was told by the lady from billing that level 3 generally involves inpatient administration of care, like an IV drip.
I tried to explain this to the manager of the billing company, but she was rude af. She said she would have her 'coding team' look into what level of care I should have been billed as, and asked I email her a 'letter of dispute.'
What is a letter of dispute? How do I write one? Am I not right to believe $325 is a bit much for a less than 10 minute exam? What actions can I take to ensure that I'm billed correctly?
| The bill doesn't seem ridiculous given the circumstances and healthcare in general. I'd contact your insurance to get their information on the billing and guidance on how you should proceed. That's likely what the doctor's office wants, anyhow. |
How do I file a complaint against a city-owned public utility? (KS)
| Short version: This company is operated by local government and the state utility commission doesn't oversee them. They are discriminating against people and invading privacy. I want my excessive deposit back, and I want them to stop doing this to people.
Detailed version:
They require copies of a lease or closing document before they will provide utilities to a property. I have argued with them that it's a violation of my privacy to require my closing documents, and they consistently say "Too bad. You can black out the numbers but we require it."
Well... I just bought a house and requested to open a utility account on it. It will be the third time I have had an account in my name with them. They saw my husband's name on the closing statement and said I could not get utilities without providing HIS SSN and ID.
I requested to see their standards, and they forced me to wait over an hour to receive two pages of copies that said only that the person applying for an account must present ID. They still insisted that I pay a $500 deposit instead of the regular $75 deposit because I refused to provide his ID.
I have called the utility commission, the state AG and local district attorney, and they're all saying that they cannot do anything.
| There's nothing illegal or even worth complaining about here at all. Why would you think otherwise? Answer #2: >They require copies of a lease or closing document before they will provide utilities to a property.
This is standard industry practice. You have to prove your the resident at the address so they know who to collect against when you don't pay your bills.
>I requested to see their standards, and they forced me to wait over an hour to receive two pages of copies that said only that the person applying for an account must present ID. They still insisted that I pay a $500 deposit instead of the regular $75 deposit because I refused to provide his ID.
The person on the documents is the one that is going to have the account. Since you want to make things difficult you get the pleasure of paying a higher deposit since you're a higher risk. |
(Ga) can you get arrested for diluted pee?
| My boyfriend and I typically drink a lot of water on a daily basis. He was just recently out of probation and had to take a drug test. They just called him requiring him to leave his job early ( he travels for work) and come back and do another test, but if it’s still diluted he can get arrested because they can’t ( in their exact words) “ tell whether or not there’s weed in your system so we will have to arrest you”. Not only does that sound extremely fishy but unlawful, but I’m not 100%. He also can never get in touch will his PO and everytime he’s called in for a drug test she’s never there and he has to get someone else to do it only for her to come back and make him do it again later in the week. The court ruled one day a month for drug testing because he works out of state but they’ve continuously found ways to call him in every week.
| His probation can be revoked if he does not pass a drug test. He should drink less water while on probation. You can drink enough and not have diluted pee. |
[AZ] Called the police to report a crime, but I got nervous. Call only lasted 20 seconds, what will happen next?
| Hi, I do not know if this is the right place to post this, but I had a quick question and did not know where else to go.
I just called Arizona police (Phoenix sheriff office) to report a pedophile, i got scared talking to the cops and said "hi im calling to tip you off about a guy i know" and the lady said laughing "well what kind of crime are you reporting?"
I described the crime, they asked for the guy's address, then she said "Ok thank you" and hung up.
The call didn't last for more than 25 seconds; that was literally the whole exchange. What struck me as odd was that she did not ask for any info besides her address. Not even his name, age, his underage girlfriend's age, nothing! She was seemingly content with only having her address. In addition to this, I was calling from skype because I do not have a phone.
I am worried that they may have disregarded it as a prank cal for whatever. Did they take my call seriously? Do you think they will look into the matter? All and any replies are appreciated, thanks in advance!
| Go in to the police station and make a report in person and ask to speak to a detective. That will probably get it taken seriously. |
Ex husband seeking custody after prison time [IA]
| Long story short, my ex husband was sexually abusing a 12 year old girl for over a year before he was caught. He was arrested and plead to assault with intent of sexual abuse. He has been in prison for several years and will likely get out soon. He will register as a sex offender. We are now divorced and I've obviously had custody of our daughter since he went to prison. He reached out to me often through letters which were never returned. Recently, he threatened in a letter that he would seek custody of our 11 year old daughter when he gets out.
I know I will have to hire a lawyer to fight this, but I would like some peace of mind. Like I said, my ex plead to assault with intent of sexual abuse, a crime which does not include any sort of child abuse aspect. My concern is that our daughter is now at the same stage of development as the girl my ex molested. Is it more likely that a family court judge will take the whole story into account when deciding custody, or will they only be able to consider what he was actually charged with? To put it another way, will he be more likely to get custody because he pled to sexual assault and not sexual assault of a minor (which would make him more of an immediate threat to our daughter)?
| NAL, but I have read about similar situations. Your ex will not ever get custody of your daughter. You may rest assured of that.
If he is granted visitation, it would have to be under strict supervision by at least a social worker, whether it’s in-person or by video. |
In college, and I know my teacher is bullying me.
| I know I am being bullying and I can't do anything about it. Why?
If I do I get more quizes/tests randomly or that is what I am afraid of. What does this person do? Well its my teacher, the current teacher made fun of me in front of the class whenever I had a question. As well as call me out in class just to joke at me. I was paying attention the whole time. Another teacher misguided me as my "adviser", telling me to take a wrong course. When I confronted she told me to still take this course. Then, the same teacher wouldn't overtally for a class I know she had room in (she overtalled for my friend).
I know that I made one mistake with one teacher, and a couple of small errors with other teachers. Like saying the wrong things, I made one huge mistake where I pissed off a teacher I understand that. I try to avoid them but, I can't do that 100%. They use my words from personal conversation I have with friends, and they listen in! and use that against me or start talking about me in the corner. This has been going on for 2 years. This and a bunch of other smaller things.
Last time I was on here I got answers like that's the real world and being called a 'snowflake' and victim's complex. Honestly, no I don't want to hear that I know I am not wrong. This was done in public and I know it happened.
I want to know what I can do about it. I have a voice recorder in which I can record them.
| There's nothing illegal about what they're doing, talk to the dean or a supervisor if you want. That's the real world snowflake. |
[US][California] Landlord renting me garage on 6-month lease, realized it's "illegal" and is making me leave my room.
| I'm in a real pickle here. I recently moved into a garage unit, I have a lot of stuff (tables and furniture, as well as workshop equipment. I really enjoy living in my workshop and would like it to continue that way. My landlord recently found out it's "illegal" to live in the garage unit. She has this decided to move me into another room, one which my items will NEVER fit in, as well as I can not get work done. I have a six month lease signed with her. Naturally I am looking for a new place but chances are I won't be able to find one in time. I get that she might get subjected to fines, but I paid to live here and this is extremely stressful and time wasting for me. Obviously this breaks our rental agreement.
Is there any way I can stay in the garage? What is the legal definition of habitation? Like for example, can I be in the garage most of the time but not sleep there? Can I just say "tough titties" to the landlord and force them to give me a 30-day at the worst?
| It's your landlord's fault/issue that she rented you a space she shouldn't have. My suggestion would be to negotiate with the landlord and allow you to rent a bedroom *and* keep the garage as your workshop until the end of the lease.Answer #2: > Is there any way I can stay in the garage?
If it's not zoned for residential use or up to code (it's almost assuredly not), then no. She's in breach of lease and you can negotiate an exit or an alternate arrangement, but you can't force her to let you live somewhere illegally.
> Can I just say "tough titties" to the landlord and force them to give me a 30-day at the worst?
It wouldn't be a 30 day, it would be an eviction. |
Got a text from former tenant saying "Im going to sue you, my lawyer will be in contact soon." He only stayed one night, never signed a lease, smoked in the house which was against the agreement and got cops called twice for being loud outside and knocking on neighbors doors at 11 at night. Advice?
| He was going to sign a lease the next day but said he needed his mom to look at it. He got kicked out before she could. He got all his money back, around 800 dollars. Advice?
| I'd not call him a "tenant" for starters. |
Business tricked me into signing up for their credit card, now I can’t cancel it without it ruining my credit score
| So around December, when I was coming home from college for the holidays, I applied to Kohl’s for some seasonal work. Shortly after sending in my application, I was able to set up an interview, so to me they appeared interested in having me fill a seasonal position. I go in for the interview, and before I am even allowed to speak to my interviewer, I was forced to sign up for a Kohl’s credit card, as the employees claim that that is how they apply the employee discount. I fill it out having now been put under the impression that the interview would simply be a formality, as the very fact I am being asked to sign up for the Kohl’s credit card means I’ll be needing to use it for the employee discount. Then I go into the interview, where my interviewer only asks to tell her a bit about myself. Once I’m done with my short list of facts about me, she tells me, rather frankly, that they would not be hiring me and they never planned on hiring me, as they finished hiring for seasonal positions more than a week prior. Do I have any legal recourse, or any way to report this highly unethical behavior? Or am I stuck with this credit card based on lies forever? Any advice would be much appreciated!
TLDR: I was forced to sign up for a store credit card under the false pretense of an employee discount to gain access to an interview for a position I was never going to get. Seems at the very least extremely unethical. Any legal options available here?
| I find this bizarre that they would "force" you. Perhaps there was a miscommunication because Kohl's does give a discount for everyone when you pay with a Kohl's card.
You may complain to corporate, but there's no legal recourse. You're an adult that signed up for a credit card.Answer #2: Why are you stuck with this credit card? What is preventing you from canceling? |
[CA] Drone Law - Accidentally landed on neighbors balcony, she is not returning it
| Long story short I live in a 15 story apartment complex in a residential area with streets. I have a balcony and right below is a huge multilevel parking lot that has been empty.
Lately, I have been placing a toy drone on the parking lot and flying it up and down from my balcony (taking off and landing on the parking lot). I was only flying it above the parking lot area and was not recording. I checked the where you can fly map ( [http://knowbeforeyoufly.org/air-space-map/](http://knowbeforeyoufly.org/air-space-map/) ) and there are no highlighted color restrictions in my area.
Unfortunately, a week ago while I was flying it up and down above the parking lot (maybe 25 feet in the air), it suddenly came towards the building I was in and landed in a neighbor's balcony instead. I went to retrieve it but they would not give it back.
Is it legal for her to not return the drone? Are there other consequences I should be aware of from this?
| Is your drone registered?
Where you flying it for fun or money? Do you have a drone license?
Just before you go calling the 5.0 make sure you are not going to get into more trouble |
weedbusiness idea
| I got this idea for a bakery/coffee shop. With weed becoming legal in my state in a few months, I should open up a place that is for everyone to come and have a chill time without worrying about anyone else in there judging you or being anti-weed (no need to feel paranoid when everyone around you is almost guaranteed to be high as well).
It would have a vape area, private outdoor smoke area, video games, books, lots of couch areas and lots of baked goods/snacks for the munchies.
Probably wouldn't actually sell weed (at least for opening) due to all the permit needs & problems with accepting card/getting business bank accounts but I would try to partner with local dispensaries and weed delivery companies so all customers get some sweet deals and always have what they need.
Probably make most money from selling snacks, coffee and drinks. Maybe have a cover fee to get in and then have everything in there be free such as video games, books, movies and anything else I can think of.
BUT heres the thing. Technically a business is a public area so is there anyway around this??
| ...don't come up with your business ideas while high.Answer #2: You described a coffee shop. Like...just a coffee shop. I can smoke pot at most of the coffee shops near my house already. Answer #3: >I should open up a place that is for everyone to come and have a chill time without worrying about anyone else in there judging you or being anti-weed (no need to feel paranoid when everyone around you is almost guaranteed to be high as well).
How would you guarantee this? I don't get high. Would I not be welcome to chill there?
And, if I WERE "anti-weed", and I did want to judge people who were high, I'd go to your establishment (or at least hang outside it) to do it.Answer #4: Based on what's happened in other states that have legalized, I can pretty much guarantee that there are teams of lawyers setting up shop to advise people on how to start and operate marijuana businesses. Talk to one of them if you're serious.
Without having read your state's law, I would guess that it's not going to be legal for customers to smoke marijuana in a coffee shop. |
Roof of my apartment collapsed - Apartment complex is holding my belongings hostage.
| In February of this year, the roof of the apartment that I've been living in for over a year (in Massachusetts) collapsed, due to the metric fuckload of snow we got this winter, and inadequate building upkeep. No one was injured, however, most of my stuff was covered with debris and asbestos, if not outright destroyed. We called maintenance right away, and once they arrived, my husband and I were given half an hour to collect what belongings we could, and have since not been allowed into the apartment.
The apartment complex put us in a comparable unit within the same complex while the destroyed apartment was made safe again. We had a verbal agreement with the complex managment that we would not have to pay rent until the end of our lease, or until we got our stuff back, whichever came first.
For the past 6 months, we've been living in this temporary apartment in a state of limbo with virtually nothing. Our renter's insurance gave us enough money to buy a bed, a table, 2 chairs, and some clothes. We have no couch, no tv, or any other furniture to speak of. All of our electronics are either destroyed or being held hostage in our old apartment, along with pretty much everything we own. This includes items of immense sentimental value, expensive clothes and accessories, jewelry, etc.
Originally, we were given an estimate of 2 weeks before we could enter the apartment, but management has been giving us the runaround for about 5 months now. We have been trying to get any belongings of personal, sentimental value out of the apartment, but the complex will not let us in due to asbestos contamination.
We were finally given a waiver three days ago to sign if we want our belongings, but the language used in the waiver says that we cannot take any legal action against the complex for any reason after signing. They have told us that if we do not sign the waiver, AND pay the (supposedly comp'd) rent for the past 5 months, they will destroy any contaminated items in the apartment (which is everything, according to an asbestos abatement contractor they hired). They have given us until the end of our lease, which is June 30th (5 days) to sign the waiver.
We obviously do not want the items destroyed, but we also would like to keep our rights to legal action, as well as not have to pay the rent they originally told us we wouldn't have to pay.
What should we do in this situation?
Edit: The apartment complex has already started the process of asbestos removal. We've been assured that once the abatement company is finished with the process of cleaning our stuff, it'll all be safe to use.
| this is pretty common in my experience. just start pressuring them. maybe hire a lawyer to send them some letters and make some demanding phone calls.
say you want access immediately and you're willing go in with an escort or contractor or building rehab consultant or whatever with hard hats etc for safety. ie agree to any conditions to access. so long as you get access.
whatever it takes. they're just trying to use the leverage they have. refuse to sign stuff. warn them that you'll seek damages and injunctions if the move to destroy your irreplaceable items. etc.
just press them and don't let up until you're in. |
(WA) A biker ran into my door, hurt himself, threatened me and is taking legal action
| I live in Seattle which is a very "progressive" place for bikers, and was coming home from a dinner date with my GF. I parked outside of our building, made sure to look before I opened my door, and then opened it - but this guy and his friends were going so fast that I didn't even see them, and some of them didn't even have lights, and he clipped my door and fell and hurt his shoulder. There was a big group of them, probably critical mass or something, and they were all really threatening and calling myself and my GF names and yelling at us. My car was all the way to the curb, there's no way that he could have hit my door if he wasn't riding dangerously. His friends called the police and an ambulance, and now my insurance company is involved. The biker plans to take legal action, I guess he means sue me - how much do I have to worry about this? Could he possibly win anything either in a law suit or in a criminal court?
| > how much do I have to worry about this?
Some. I mean, you need to be cognizent of it and not ignore it. But this is what you pay your insurance for. Now that they're involved, they'll represent you according to your policy.
> Could he possibly win anything either in a law suit or in a criminal court?
It is possible that your insurance will settle with him. Also possible that it will go to court, where he may or may not win. I think it very unlikely that any criminal charges will be brought against you by the prosecutor. |
'Donations for product' compared to 'selling' in a legal sense.
| So I'm a photographer in San Francisco, California. I am looking to 'sell' posters on the streets but I know there are certain laws against it. Does it make any difference if I request a minimum donation of $10 and you get a poster?
| the law uses duck typing.
if it walks and quacks like one, it is one. |
Filial Support (parents in PA, I'm in NY)
| My parents are in their late 40's and live in PA. They are very irresponsible with their money. I expect that they will not be able to support themselves throughout their retirement.
They were physically abusive with each other (Dad was arrested several times for domestic violence, but never convicted because no one was cooperative with the investigations). They were also emotionally/verbally abusive to me and my sibling, and have assaulted my sibling.
My sibling and I are no contact with them. I live in NY. My sibling goes to school in PA, but plans to move to either NY, CA, or WA after they're done with school and start their career.
I make very good money, and my sibling is going to work in a lucrative field as well.
What do we have to do to protect ourselves from having to support our abusive parents?
| The filial responsibility law applies primarily to medical care and nursing home care, so it isn't a wide scope. Also, in order to be held responsible, the agency suing for recovery of funds has to be able to find you and/or your sibling.
Here is the actual statute:
http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=23&div=0&chpt=46 |
Hourly employees are excused or allowed to leave work without exception during dangerous whether. Managers who miss days are not punished, but I may have been threatened with retaliation.
| Hello. I am Fluffy and I am not looking for a free ride in life, and my seeking legal advice is for protection, not compensation. I appreciate your time.
I am a salaried worker in the state of TN. We had bad weather with deep snow and ice last week. I put in the time records for my workers who missed days or time due to weather, and tardies during weather are excused so I reassured them of that. My manager then comes to me and says we are closing at night, but earlier than usual, and that we can't make anyone come in or stay. I told him that I needed to leave before it got dark. This was for my safety, as my area was not plowed, or well lit.
He then tells me that he drives 2.5 hours one way, and as a manager that we are expected to make it here. He then says that he has already talked to HIS direct supervisor about my wanting to leave. (This I understand to mean that I will be retaliated against. There is no other reason to mention this to his boss if everyone else is excused.)
But I acted normal at the end of my day and reported to him as usual before leaving, even though I knew this would come up again. He decided to also bring my use of FMLA into the situation, to make it seem I am abusing it, I guess.
There is a lot of history between myself and my manager, as I have confronted him about aggressive, unfair, and unethical behavior. I have anxiety and a sleeping disorder. I sometimes use FMLA, and he sometimes acts compassionate, and other times says that he "just doesn't believe in missing work " HR is involved at this time, and it's clear from speaking to HR that he has decided to try to find any angle he can to use against me. I will have to provide paperwork from my doctor in order to defend my use of FMLA, and the HR rep suggested that I should look into other options, regarding my ability to do my job. They were at one point making me use FMLA for having a doctors note to leave by a certain time daily, instead of allowing me to schedule my shifts before a certain time, even though the schedule has been done that way for years. (I was not allowed reasonable accommodation with doctor involved) I often worked over my scheduled time, came in on days off, or skipped lunch. FMLA can result in docked pay for salaried employees, so I asked my doctor to remove my restrictions because I was concerned about being underpaid. HR said FMLA was not an option and I couldn't work a different schedule.
I am fighting stigma for my medical condition that was disclosed to everyone at work, and I am often harassed or guilt tripped by my manager. I am being treated for sleep disorders and driving 2extra hours a day when scheduled 11 hours 5 days per week would potentially be dangerous or harm my recovery, but she has really been pushing\suggesting for me to move to a far location after talking to my manager about my absences, and my undocumented tardies (sleep meds) that have gotten frequent over the start of the holidays. I have paperwork about this condition, and I've never been questioned about it or told its a problem. She says my boss should track my medical related tardies under FMLA, but he hadn't been doing it. However, my tardies were brought up in the context of the conversation about my not driving on ice at night, and questioning if my FMLA absences are legit, so it is being seen as me potentially being irresponsible. (This is basically building into a case against me.)
They haven't offered to work with me, or discussed the above concerns with me. My manager graciously offers to let me off for days off if im stressed, but he wants them to be vacation. If I take them as FMLA, using my accrued sickpay, he is always very dismissive of me when I get back, or downright gruff when I tell him I can't come in. He knows my medical condition and I believe he interacts with me in a way to trigger an attack, so he can use it against me.
His behavior is ignored by the company. I have to protect myself. I am not trying to find a way to sue or anything like that, but I want to make sure I understand my rights. I've been to the .gov sites but I was hoping to get a live person's perspective.
I know this was long, but I really need some legal perspective on how to approach this situation. I have an HR meeting in a week or two and I don't feel that I am being treated properly, yet I'm not confident that I understand my rights. My instincts say I need a lawyer, but if I do, what preparations should I make first? Even if I don't, what should I do legally to protect myself?
Thank you so much in advance.
Edited for brevity. .. Twice. I swear I am trying.
Topic:
Disability Issues
| That's a lot to read. Can you trim down to just the basic facts? Leave out personalities. There is no law which says your boss has to be happy over you missing work due to taking FMLA protected leave.Answer #2: I have to admit I petered out before I read all of that. I don't understand the interactions you perceive between FMLA, ADA, and bad weather scheduling. Anything you can do to trim irrelevant stuff out would be a help in your getting good advice.
Keep in mind that the purpose of HR is to protect the company's interests, not the employee's rights.
|
Welfare Fraud - Advice Needed
| I just found out that my brother-in-law, sister-in-law and their two children receive state medical cards.
They are hiding income and thus reporting a fraction of what they actually make.
I find this extremely maddening and I am disgusted by it.
It's rare if I see my SIL in clothes she's worn more than once, meanwhile her children are wearing hand me downs.
She has a new hobby every day.
What can I do? Can she find out if I report? What are the legal ramifications for them if I report?
| Depending on the income you can also report them to the IRS. I think you get a reward if they collect legally required back taxes. |
Bank trying to collect loan payment over Facebook.
| Hi, my bank messaged me on Facebook telling me my loan payment is overdue including the total amount I owe and how many days overdue it is without confirming my identity in my way first, they have no picture of me on file and no way of knowing that Facebook account belongs to the person with the same name that has the bank loan.
Is this legal, it seems like they could have easily gotten the wrong person with my name and given him some of my personal banking info.
Thanks for any help or knowledge on the subject
| No, this is almost 100% certain to be a scam. |
[Saskatchewan, Canada] Old Homeowner Trying to Remove Hot Tub 9 Months and 15 Days After Purchase
| Hi All,
Firstly, thanks a lot for even taking the time to read this. Really appreciate it.
So November 15, 2015 my girlfriend and I moved into our new house that we bought. It came with a hot tub.
The listing said it came with a hot tub. But upon the meeting for the house the homeowners said that the hot tubs was actually a friends that lent it to them because the original owner moved to Edmonton. They said the guy would sell it to us for $3,000. I told them that since it was on the listing I would pay $1,500 and they could pay $1,500 or the guy would have to remove it before we moved in (I do not have this text message conversation to prove this anymore, or it might have been a spoken condition, my bad). He said he will figure it out. Nothing was ever said about it again and we just moved the "hot tub" to the excluded row of the agreement along with personal effects and a chandelier.
We move into the house and the hot tub is still there. We use it frequently. Nothing was ever spoken again. Until now. Fast forward 9 months and I get a text from the old home owner saying that his buddy can come and move the hot tub now.
Hold on. I didn't fucking store this hot tub for free for 9 months and also get some minor electrical work done to it so this guy could come and get it whenever is convenient for him. I also don't want him coming and craning the hot tub out after I have moved in... 9 months ago.
(It should be noted that up until now the old home owner and I have been in frequent contact as I believe they are very nice people. Whenever I get their mail I always put it in my box and text him he has mail and to come get it whenever. I have asked him for lawn care tips. I would even say we are acquaintances that border on friends)
With the above in mind I don't want to sour our relationship but I firmly tell him I don't think the old hot tub owner has the right to do that and I tell him he is not allowed to come on our property next Tuesday.
With that in mind here I am. This happened an hour ago and I am pretty fired up and have some serious adrenaline at the moment as I can't believe this is happening.
Here are my questions:
1) I understand that the hot tub was technically "excluded". I guess that was my bad. Maybe this guy tried to fleece me with a technicality. Whatever. From my point of view it was excluded UNTIL we moved in on November 15, 2016. You can't just come back and get shit you forgot whenever you want. Or can you? Is there some period of time you have to retrieve all of your "excluded" contents?
2) Or am I hooped? Did I make a mistake as a first time home buyer? I really hope not, but if I did so be it and we lose the hot tub.
3) I don't really want this guy moving my hot tub when I am not there to make sure my house is fine and I am not taking a day off of work to do it. He wants to come Tuesday, so if he has to come can't I make him do it on my terms? It is my house now, after all.
Again, thanks for reading and if anything needs clarification please let me know. Thanks!
Endarr
Edit: Thank you everyone for all your replies. I really appreciate it. If you are still reading this and see this edit I would like to point out one mistake I guess my girlfriend and I made: since we offered to split the cost of the hot tub and never got an answer from him on it we assumed that when we moved in it was ours (the mistake, I guess). Had I known that the previous owner intended to come back and get it I would have told him much earlier (read, as soon as I moved in) to remove the hot tub. He is now trying to tell me that I said he could wait until after winter to move it (I don't recall this and neither does my girl friend. He doesn't have any written evidence of this and we only talked to him face to face together). After winter =/= almost next fall.
Another point I would like to bring up is if the previous owner believed he was coming to get the hot tub "after winter" why did he make absolutely no mention of this at all previously? He just thought it was kosher to let me hold it for 9 months without updating me once?
I just want to emphasize, I guess, that if I KNEW he was coming to get it I would have made him come a lot sooner or at the very least brought it up. Like I previously mentioned we did text semi-frequently.
Thanks again everyone.
Edit 2 (Update):
My girlfriend and I e-mailed him saying that we want him to pay the electrical work we had done and that we would require insured, licensed movers for the hot tub removal, or they could front the insurance deductible during the move and I would give it back assuming nothing was damaged.
He was not keen on either of those options, basically saying that if we had concerns about the removal of the hot tub we should have brought them up earlier. I honestly couldn't believe it. I held my tongue and basically said that we have the right to dictate how it is removed and it will be removed as we have described.
He also tried to sell it to us for $3,000. The same price as he tried to sell it to us last year. Full disclosure: this hot tub is a piece of shit. Bottom of the line hot tub when it was bought 7 years, even worse today. I went on kajiji (Canadian Craigslist) and found WAY better hot tubs or like $1,000. The guy is just trying to fleece us.
At the end of the day it has been 9.5 months. He is going to remove it how we want it removed and we won't budge on that. We sent him the last e-mail basically stating that 2 days ago and he hasn't replied since.
I'll say that this thread was very helpful but it was also split. I'm not sure who actually owns the hot tub. Maybe it is abandoned property? I'm not sure. But it isn't worth it to me to pay a lawyer to find out. He is just going to have to move it how we want it moved.
Thanks for all the input in this thread, we really appreciate it.
Edit 3:
Now that I have e-mailed him and I know about moving it, should I set some "deadline" for when it has to be moved? Like 30 days? What do you think?
| Not a lawyer. If you do decide to give it back to them don't just let them come get it. Those things are heavy and awkward to move. If they get hurt moving it or damage your property moving it you could be screwed. Insist they have professional, insured, movers come and get it off your property.Answer #2: If it was excluded from the sale specifically then its his...and you stored it and used it for free.
You don't have to let him in to get it anytime he wants to.
In fact I would make him sign an agreement (with witnesses) that he agrees to pay any and all damages done to the property while removing the hot tub.
You can probably force him to pay a licensed contractor to do the removal also if you really wanna be an ass.
When you did the walkthrough before closing you should have brought this up.
You should call up your realtor and see what they have to say about this. Just act all confused about why he wants the hot tub back and ask the realtor what their opinion on this is. Maybe there is something in Canadian real estate dealings that will let you keep the tub. They should know.
And you could also go get a paid consult from an actual real estate lawyer and ask his/her opinion. |
If landlord agrees to move-in, then texts asking for sex, then dissolves arrangement after I reject him, is this housing discrimination?
| This began Monday. I'm in Hillsborough County, Florida. I'm looking for a mother-in-law suite or roommate arrangement while I pursue my philosophy PhD. I met with the owner of a townhouse, who lives there. This man is 48, a clerk in a paint store, his parents gave him the home. We hash out the details and I call him the next day to confirm the arrangement. The next day he asks to meet for dinner Thursday evening. I think this is a bit off, because we already met and talked things over, it all seemed ready for flight. But this isn't the first time potential roommates have wanted to meet over a cold one; I figure he just wants another opportunity to make sure I'm not a weirdo or something. We have dinner at a Chipotle, everything seems fine, and we cement the arrangement a bit more: I'm to meet him at the place Saturday with the rent and a deposit, and I'll move in then. The next morning, Friday, he texts "can I suck your dick when you're feeling horny." I take some hours thinking about this, wondering if I should nix the whole thing right there. He texts again, "I guess that's a no." After another hour, I text back, "I was thinking about how to respond. I appreciate the offer, but that's not something I'm ever going to be interested in. I'm just not gay." Forty minutes later he texts that the deal is off because, he says, "it's not a match." Is this housing discrimination? Is this a crime? What are my options?
| As an owner resident he is exempt from the fair housing act. He gets to decide who lives in his house with him without consiquence. It would be different if he was renting out multiple units he's not living in.
Over count yourself lucky you dodged that bullet. Run away from the crazy person.Answer #2: This is a bad match. Start looking for a new place. Answer #3: This is a blessing in disguise. It could have been much worse had you actually paid this man money or worse let him have access to your stuff.
Avoid him as much as possible and look elsewhere.Answer #4: Wow, I'm a USF Phil PhD alum and just ran across this post. My wife is an attorney and she said the following:
While this behavior probably doesn't constitute housing discrimination under the law, it may well violate another statutory prohibition.
For example, the property owner could be construed as having solicited prostitution. The implied quid pro quo here was sex for consideration in the form of a rental agreement. That would be a criminal proposition.Answer #5: Do you still really want to live there?Answer #6: Housing discrimination laws generally exempt small buildings or owner-occupied premises. Just find a new place. |
[CA] Landlord kept % of deposit for damages we have proof we did not cause
| Hey Reddit. I would like to seek your advice on an apartment rental disagreement that my roommates and I are having with our previous landlord.
We recently vacated an apartment that we had lived in for the past year. The process of renting it and vacating it was a bit unusual as we never saw the landlord, nor did we do a walk through with any landlord representative before occupying the property and after vacating it. She simply told me to leave the keys for her. The landlord simply asked us to send her a list of issues once we had moved in and then she hit us with a list of items that she claims to have repaired after we moved out. All and all she kept $1700 of our $4,000 deposit, but said her repairs cost around $4,800.
We moved in to the apartment last August at which point I gave our landlady a list of things that were broken or damaged including a complaint about the dirtiness of the place. She asked us to get someone to clean the place and partially paid for the costs. She further repaired some of the items that were on my list.
Fast forward to our move-out. She did not set up an initial inspection and furthermore on the day that we were moving out, she asked us to leave the keys on the counter. It took a few weeks for her to return $2300 of our $4,000 deposit citing repairs that included items that were on my original move-in list. In my research to reply to her, I found a video that I had taken while touring the place prior to renting it. The video along with my initial list clearly show that all her repair claims are false and were there prior to us moving in.
We sent her a demand letter seeking the remainder of the deposit and notifying her of our intent to take her to small claims court. She responded threatening us of a countersue for the full deposit. She claims that that my video is inadmissible because I didn't show it to her with my list of damages at move-in. She further makes more unfounded claims like we had a 4th tenant.
Sorry for the long history. Now to my questions:
* Since at move-in, I never sent pictures along with my comprehensive list of damages, is the video inadmissible?
* She found some cigarette butts in the patio of the unit. We know that we had a visitor who smoked so it is possible that some butts may have been left there. Is there liability for having a guest who smoked in a nonsmoking building?
* In her letter to us, she indicates that full cost was higher than the deposit and that she is thinking about countersuing us for the full deposits. We know that she is trying to scare us but is she allowed to countersue for our full deposit if she has already admitted that our portion is the $1700 and has returned the rest?
* She did not notify me of the option of initial inspection upon me giving her 60 days’ notice of the lease ending. And she did not show up for a final walk-through. Is that another cause for asking not only for the $1700 but for more?
* Is there a better way to approach this? We just think she is very unreasonable and would like to fight for our rights.
Thank you for any help and guidance you can give us.
Topic:
Real Estate law
| Small claims is correct. She was required by law to offer you an initial inspection in writing, and to return your deposit or an itemized statement of costs within 21 days. (You said it was "a few weeks" so it's unclear if she met that deadline or not.) And she is required to provide you with receipts for all the work that was done. You may win on those grounds alone. If not, then your video should help your case. She can also countersue for additional funds as she has threatened. |
Minors who exchanged nudes, after breaking up one of them wants to "expose" the other and make her look bad.
| I'm not one of the people involved. Rather, I'm one of the people trying to stop this. The backstory behind this is that there is a forum. Two of the staff members there began e-dating, and recently it was broken off. The male was banned from the forum, and in retaliation he wants to make the staff team and his ex look bad.
Will refer to the male as X and the female as Y. Before X and Y's relationship, Y posted nudes onto reddit. X knows about this, and would like to let users know where to find them.
An extensive amount of evidence has been gathered on how X wants to "expose" Y, and it's been sent to the legal support e-mail that the messages are being exchanged on.
At the time of all of this happening, Y was a minor and X was not.
Tried to keep that as concise as possible. If legal attention is acquired (something being worked on right now) what would the result be?
X: Texas
Y: Pennsylvania
| 1. Creation of child pornography.
2. Distribution of child pornography.
3. Possession of child pornography.
Multiple felonies. |
Can the father of my 4 month old take him out of state?
| My ex boyfriend and I have a 4 month old son together. A while ago we purchased tickets to visit his family across the country for 10 days, and subsequently broke up. I am certainly not going on this trip, and I don't want my son to go either.
-We live in Oregon
-We're not 100% certain he's the father, but we signed a paternal affidavit, so legally he is the father.
-We currently have no custody agreement or arrangement.
-If I filed for custody between now and when the trip is to take place would that change whether or not he could take my son?
-What exactly could I do to keep this from happening?
Topic:
Custody Divorce and Family
| >What exactly could I do to keep this from happening
Have court orders. He is the father and can take the child's out of state (but not out of country) without your permission. |
[NJ] I think my lawyer might have blown the statute of limitations
| As a preface, I'm a second year law student but I wanted to hear thoughts from other practicing attorneys.
About 3 years ago, my mom was rear-ended by a huge tractor trailer. She ended up being admitted to the hospital and had major back issues for a while. Her treatment lasted a very long time and we ended up retaining a personal injury lawyer. Long story short, January of this year was two years since the accident had occurred and its my understanding that there is a 2 years statute of limitations in NJ for filing a personal injury action.
The lawyer we retained seemed nice in person but he's been extremely hard to reach. The last time I spoke to him or someone at his office, I asked for an update to see how settlement talks were going or if there had been a lawsuit but it doesn't seem like the lawyer's office had filed a lawsuit. I went to the online court system and couldn't find my mother's name as a plaintiff either.
If it's true that the law office did indeed fail to file a lawsuit and couldn't reach a settlement with the tractor trailer. What could we do?
| IANAL.
A similar thing happened to my ex-wife before we got married. She was involved in a rather serious accident where she was hit from behind (other driver at fault) and was injured. Her lawyer was running for political office at the time and apparently just never filed the case, and the SOL ran out.
She then had to hire a second lawyer to sue the first for malpractice. They settled out of court.Answer #2: You can let the lawyer's office know that you've been trying to get an update for several months now, and if someone doesn't contact you shortly you'll be forced to file a complaint with the state bar association. That'll get their attention.Answer #3: Have you already checked the federal dockets as well? If it was out of state trucking company, and the requisite monetary amount, maybe the lawyer filed suit in federal court? |
Bankruptcy Options after student loans have defaulted and gone to private collections...
| Hello,
Because of a lot of financial mistakes many years ago I have both old tax debt and defaulted student loans. I am current on my tax filings but still owe taxes from 2006. But My bigger concern is the DEFAULTED student loans. They have been going from collection company to collection company.
Is it possible to file bankruptcy out of this mess and get a fresh start? It is nearly impossible for me to pay back the student loans in the amounts they want. The student loans are from 1984-1990. I'm in Minnesota and I'm turning 49 this year.
| Student loans are almost rarely dischargeable in bk and it has to be a chapter 7. You can meet with a bankruptcy attorney to see if it's right for you. The general advice would be "don't count on it" when it comes to your defaulted loans. One of the big reasons it's relatively easy to get student loans and the interest rates are low is because they are almost never dischargeable. Answer #2: > Discharge in Bankruptcy
> This is not an automatic process—you must prove to the bankruptcy court that repaying your student loan would cause undue hardship.
> If you file Chapter 7 or Chapter 13 bankruptcy, you may have your loan discharged in bankruptcy only if the bankruptcy court finds that repayment would impose undue hardship on you and your dependents. This must be decided in an adversary proceeding in bankruptcy court. Your creditors may be present to challenge the request. The court uses this three-part test to determine hardship:
> * If you are forced to repay the loan, you would not be able to maintain a minimal standard of living.
> * There is evidence that this hardship will continue for a significant portion of the loan repayment period.
> * You made good-faith efforts to repay the loan before filing bankruptcy (usually this means you have been in repayment for a minimum of five years).
> **Your loan will not be discharged if you are unable to satisfy any one of the three requirements.**
> If your loan is discharged, you will not have to repay any portion of your loan, and all collection activity will stop. You also will regain eligibility for federal student aid if you had previously lost it. |
I was assaulted by my manager and GM did nothing..
| My shift supervisor assaulted me while working and my GM pretty much told me to suck it up. Could I sue over this?
| You can sue the person who assaulted you, if you were injured or have some other damages resulting from the assault. |
i would do ANYTHING for help
| I'll try to make this as short as possible:
While my mother was in rehab, her steroid-using, verbally abusive husband got temporary custody of their 3 kids and moved away.
I was forced to move in to my grandma's severely roach-infested house at this time.
She returned, now fully sober, and he refused to give the kids back. He told his lawyer that she was entirely incompetent and couldn't be trusted as a parent.
She moved back in with him and pretended to be in love with him so that she could see her kids, and (despite what he said in court) left her with the kids from 6am-6pm while he worked.
He forbid me from moving back in. I'm 14 and have bugs crawling on me every night. My siblings are my entire universe and I'm not allowed to see them. I no longer have parents. Everything feels hopeless.
Her lawyer is awful and I highly doubt a jobless, poor mother would be picked over a wealthy dad with a huge house. I miss them so much.
The court date is on July 31st but has already been pushed back 3 previous times. I'm so lost. Any help or advice would be appreciated.
Topic:
Custody Divorce and Family
| You can contact CPS to report your living situation. |
[CT] Can I legally smoke Marijuana on an Indian Reservation [Foxwoods] if the tribe elders allow me to?
| I'm not a native-american. Foxwoods openly allows smoking, but I just want to make sure I won't be arrested when I hit my blunt. Here is a link about their smoking policy
[http://blogs.courant.com/capitol_watch/2009/05/gov-rell-signs-smoking-deal-wi.html](http://blogs.courant.com/capitol_watch/2009/05/gov-rell-signs-smoking-deal-wi.html)
Also, federally indian sanctuaries are exempt from the federal / state marijuana ban. So am I in the clear?
Sincerely, Chief Tokes On Pipe.
| NO!
1) You ain't a member of the tribe. Chief Otto Parts can't just allow anyone to do anything. The federalies can certainly come onto the rez and bust your ass.
2) You have injected too many marijuanas because WTF makes you think any rez is exempt from state/federal law? They are sovereign nations under the auspice of states and the United States, not [Petorita](http://familyguy.wikia.com/wiki/Petoria).
3) This article talks about tobacco smoking.
But please, spark up a j at the blackjack table. The tribal police would love to kick your ass then hand you over to the state police. |
[Washington State] I have a crime I want to report but I got the"evidence" illegally
| I recently broke up with my ex who had been acting real shady. They used my computer while we were together and the web browser remembered their password. Being an idiot (and wanting to finally get an answer) I logged in to their email where I found very specific conversation about an ongoing crime that I want to report sooner than later.
I don't want to do it fully anonymously because there will probably be need for dialogue between me and the investigators. Of course that puts me at risk for getting in trouble for accessing the email. However - I think the crime is significant enough to take that risk. But I want to mitigate that risk.
Can I just grab a public defender on the way in to the office to make the report? I have no idea how this shit works but I feel like I should talk to an attorney before I talk to an officer.
(I'm sorry I'm being so vague. And that this is all garbage but it's like 2:30 AM and this is keeping me awake. Nobody is being harmed by me holding off on the report, btw. But it's still somewhat time sensitive)
| You can't "just grab a public defender" when you haven't been charged with any crime. You can (and probably should) consult your own private lawyer.Answer #2: This is a great example of how a witness can use the 5th amendment. I would go to the police station in person with print outs of the relevant emails, provide them to the police, and file a report stating your relationship to the defendant and that he is planning on doing "X" (they'll want to see those emails and may not act if they don't get them). If they ask how you got the emails, tell them "I invoke my fifth amendment right against self incrimination."
They'll suspect you probably accessed it illegally but you won't have made any admissions admissible in court and to be honest they'll probably be so happy to have the evidence that they won't try to build a case against you. You see, they'd need a warrant to get the emails from his account themselves, but if you provide them, even if you got them illegally, the police didn't violate the 4th amendment to get them so they are probably admissible. In my experience, cops hate the restrictive nature of the 4th amendment so they'll be very happy with you in all likelihood.
|
Ellen Degeneres found the meme my sister-in-law made and put it on her show w/o credit. Ka-ching?
| Just saw it today, [this dog picture](https://www.google.ca/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&uact=8&ved=0ahUKEwj44f6OgK3TAhVUVWMKHdzTAFwQjRwIBw&url=https%3A%2F%2Fonsizzle.com%2Fi%2Fwhen-youre-in-the-back-seat-and-you-really-want-10571411&psig=AFQjCNE6IU5obSSMtnOXlW69C6lt0GKDYg&ust=1492570339317882). But done in one of her morning show segments.
It's one thing when the internet tries to reap what we sow, but we're talking network television here.
| I bet she provided critique and/or commentary too!
Probably not gonna be a ka-ching moment for your SIL, sorry. |
Police report
| Who can read the police reports? I have a distant family member that's a cop and worried that he will be able to read the report on me. I got in trouble within the same county he works in.
| Oh, you’re the poster from earlier facing multiple felonies, including 5-40 years in prison plus a half million dollar fine for intent to distribute MDMA in Virginia?
The police report is the least of your problems. |
Target near my school makes students take of their backpacks when the enter
| I’m just curious about the legality of this, can they target students from my school and actually make them comply with this?
In CA
Topic:
Business Law
| Can the legally rip the backpack off your back? No, that would be assault. but they can kick you out if you do not comply, and ban you from the store entirely if they want to.Answer #2: "Students who are wearing backpacks" is not a protected class, so they may ban students who are wearing backpacks entry to the store, and allow them to remove the backpacks to gain entry. |
[Missouri] was charged with a MIP after cops came to investigate loud music, I believe some laws were broken from the officers in the process.
| [deleted]
| I don't see any major issues here, especially not one that's going to get it thrown out on "technicalities". They breathalyzed you because they saw you drinking, not just because of the loud music. You can hire a criminal defense attorney if you'd like to fight it. |
Issues with Uber's Anemic Cleaning Fee - Do I Have Any Recourse?
| The previous Saturday Morning (October 12, 2019), I had picked up a group of four people from a bar at one of the local strips in my town and took them on a 9.5 mile trip to their apartment complex on the northwest side. In the last minutes of the trip, the passenger in the front seat suddenly began vomiting - they rolled down the window while I was on the freeway still and attempted to do it outside, but instead the slipstream blew it back in and scattered it all over the place.
That caused a passenger in the back seat to vomit as well.
I dropped the customer off at the designated end-of-trip location, signed off for the night, and immediately went to a well-lit gas station to take pictures of the damages.
There was vomit inside my car, outside of it, and in the window tracks and door seals. There was even vomit in my front-seat cup holders. This was no 'small' mess no matter how you dress it up. It required extensive cleaning by a professional outfit, and this was going to COST.
The auto detailing place I went to charged me $300 for the job. However, no matter how much documentation or photos I provide, Uber adamantly refuses to give anymore than their prescribe $150 flat-fee reimbursement, regardless of how severe the damage was. The conversations I've been having with Driver Support have that tell-tale look of scripting because of the broken-record replies I've been getting.
I can provide pictures of the mess, a picture of the receipt, pictures that shows a list of services that were done on my car, and screenshots of my conversation with Uber's Driver Support.
Uber's argument is that the $150 compensation is sufficient based on an averaging of cleaning costs sampled across the US, but that doesn't ring true to me as most detailing places I looked into want $150 ***just to start***. Many Uber drivers agree - the $150 compensation is nowhere near enough, and I feel that this has gone on for long enough - if they want to treat us as Independent Contractors, then it's time they started actually dealing with us as such. Because I don't know of any independent contractor in any field that would tolerate this kind of chicanery.
Topic:
Small Claims Procedure
| Without actually reading through the whole thing, my assumption is the agreement you accepted limited the liability of Uber in these instances and that they are free to arbitrarily determine a reimbursement amount.Answer #2: Maybe you can request for the fee to be reimbursed twice because two separate passengers hurled so there were two instances that required cleaning? This would bring your reimbursement up to what you paid. |
If a drunk adult has sex with a sober minor who raped who?
| According to society’s views on responsibility whilst drunk anyone who has sex with you after you’ve had beer is a rapist and we would all agree that if a 16 year old forced an adult to have sex it would be rape, so by that logic if a minor has sex with a drunk adult it would be rape, but having sex with a minor is also rape and obviously raping a sober person while your drunk is still considered rape, so that would make the adult also a rapist. So who would go to jail in this scenario, the drunk adult being taken advantage of or the sober minor who is also being taken advantage of.
| > According to society’s views on responsibility whilst drunk anyone who has sex with you after you’ve had beer is a rapist
What society is this?
Certainly not any I've heard of.Answer #2: > According to society’s views on responsibility whilst drunk anyone who has sex with you after you’ve had beer is a rapist
Inaccurate and unnecessarily inflammatory.
Someone who is _intoxicated_ may be unable to give sexual consent thereby. One beer does not amount to intoxication unless you have a medical condition or a congenital sensitivity to alcohol.
Furthermore, voluntary intoxication isn't a defence to criminal acts. Someone getting drunk before they plow a minor can still be convicted of statutory rape. |
Abandoned adult biological child of Vietnam vet: am I eligible for any child of veteran benefits or even retroactive child support? (MI)
| Long story short:
My biological father abandoned my mother and me when I was six months old. Her parents moved us back to Michigan and she received 5-6 months worth of child support before he stopped contributing. This was back in the early 80s. She never pursued legal courses of action to chase down the child support payments. He was more or less a ghost as was the rest of his family (a long story within a long story).
She kept his original Marine discharge papers - he was enlisted, was active duty, and deployed two or three times to Vietnam for over two years. He was honorably discharged.
My mom and I briefly considered pursuing retroactive child support when I was 17 (late 90s) as a way to help fund my university but there were bigger picture reasons not to involve him in our life. By this time, I was in contact with a paternal half sibling but not in contact with him.
I'm now an adult, have since met with a few and am Facebook friends with a few more paternal family members but have never met or communicated with my biological father. I know he knows I'm out there as he's Facebook friends with a couple cousins I'm Facebook friends with...
3 questions:
1. Would I have been eligible for any benefits as an abandoned child of a Vietnam vet?
2. Am I eligible for any benefits as an adult child of a Vietnam vet?
3. Do I or my mother have any claim to unpaid child support?
For all of these questions, if yes, what courses of action should I take, is it worth it financially to pursue, etc.?
I'm more curious than anything as we never had an established relationship nor did I ever pursue one based upon the relationship between my mom and him (he was abusive physically and emotionally, kept girlfriends on the side - even bringing them to their home while she was home, etc).
But, sometimes, I wonder if mine or my mom's life would've been easier financially had we taken advantage of child of veteran benefits and retroactive child support.
I'm more than willing to answer any questions if the above isn't enough information.
Topic:
Other Civil Matters
| 1. No.
2. No.
3. Your mother may have had a chance but the SOL likely has passed now. |
Public defender for divorce
| Am I able to fill out an affidavit for a public defender once the sheriffs office serves me divorce papers, but before I actually go to court for anything?
| You aren't entitled to a public defender in a divorce. You'll have to retain a divorce attorney. |
My Mother keeps using my Name/SS# to take out loans.
| Hello,
I am seeking legal advice as I do not know what steps to go through to become disconnected from my Mother Financially. Over the past 10+ years my mother knowing all my personal information has used it to continually open up bank accounts, get loans, credit cards, open up utility accounts at her various properties she rents from, cell phone contracts, etc. All small accounts but to all of which she has left unpaid and I am the one to suffer the consequences. They show up in my credit report in collections and I do not know how to prove that these transactions were not me but her acting as me. I pay them off slowly but it is really taking a toll on me and I can't do it anymore.
Recently, I had a 2 separate men come to both my house and my job with a tow truck bed to take away her car that she is currently behind payments by 6 months. I was away at the time when this happened and my roommate and a coworker dealt with the repo men. I was able to speak to one on the phone but I received very little information from him. As the only thing he told me was she had used my address (to which she never lived) as an address on her account. I really don't know how this was possible as I live in an entirely different state as my mother and have not lived with her in 8 years (I currently live in NY while she lives in NJ)
As you can see just by the example above I never know what she is capable of since she knows my information through and through. I just need help finding out what she has connected to my name as I never know until it is to late whether it's turning up on my credit report in debt collections or if it's a guy literally knocking on my door to repo her car. Who should I see to rectify this problem please any information/help would be greatly appreciated. Thank you.
| Your mom is committing fraud and identity theft.
Have you reported this to the police?Answer #2: You need to file a police report for the identity theft your mother has been committing and report the fraudulent accounts to the banks and whomever else she opened accounts with.
You can also put an alert in your credit reports.
You can get copies of your credit reports through the reporting agencies. These will show where your credit stands and what is open in your name. Answer #3: Your mother is screwing you over, royally. And you’re worried about her facing her own consequences? There aren’t very many options for you aside from talking to police. You’re protecting someone who clearly doesn’t care about the effects of their actions on you. Answer #4: Freeze your credit for starters. Like right now. Answer #5: There are two options:
You pay the debt as yours and she keeps doing it.
You report her to the police, report accounts as fraudulent and she goes to jail.
Answer #6: Stop being a victim Answer #7: First off, STOP PAYING HER DAMN DEBTS. By doing so, you've implicated yourself as being responsible for them. Now contact the authorities and report her for fraud. Answer #8: call the police or pay your mother's bills for the rest of your life, your choice dude.Answer #9: If you don't want to involve the police you need to have a very frank talk with her. That's your only recourse beyond involving the police, so if she doesn't listen then your only remaining choices are:
1. Accept the financial abuse.
2. Involve the police.
|
Vermont - Federal- I got one year of probation on November 2. Am I actually done on the 2nd or the 3rd?
| [deleted]
| You should continue to live a life free of crimes, state, local and federal. That is the point of probation. |
I was filmed against my consent at a party.
| This is in California.
I agreed to have a nude dance with another girl at a party in an exclusive society and the guidelines were super strict that no filming is allowed.
Now I leaned that I was filmed by some perv through a window and its now online.
Is this illegal? The party was happening in a private residence. Is there any course of action for us?
| First ignore the ridiculous fight happening elsewhere in this thread
Second, if you are not too embarrassed, I'd report it to the police. I don't know the full circumstances, but there may have been a violation of California peeping tom laws. See California Penal Code Section 647(i)&(J)(1):
(i) Who, while loitering, prowling, or wandering upon the private property of another, at any time, peeks in the door or window of any inhabited building or structure, without visible or lawful business with the owner or occupant.
(j)(1) Any person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, camcorder, or mobile phone, the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside. This subdivision shall not apply to those areas of a private business used to count currency or other negotiable instruments.
- See more at: http://codes.findlaw.com/ca/penal-code/pen-sect-647.html#sthash.qptvVes5.dpuf
I know that won't get the video down, but if threatened with potential criminal penalties, the dude might be more agreeable to taking the video down in exchange for not pressing charges.
Good luck. |
Have fake invoices, but need to prove they're fake for court tomorrow
| I have a kennel. I hired a general manager for 3 months. Long story short, I ended up firing him for faking invoices. He knew he was in the wrong and took the firing pretty okay-ish. My employment lawyer drafted something for him to sign (basically a you fucked up, let's not get messy, pay back what you stole and we go our separate ways kind of thing), which he signed and we waited for repayment.
So I'm suing him in small claims. I just saw a small claims help nonprofit, and they said I need to "prove the invoices are fake" tomorrow.
Here's what I have:
He paid AsheeBrush, his own company by wire transfer, instead of paying BrushBark our ACTUAL vendor.
BrushBark was owed, say $150. But AsheeBrush was paid $200.
How do I prove to the court that the AsheeBrush invoices are fake and that he came up with them after he knew I was serious about taking him to court? AsheeBrush makes no products, it's just a surrogate for his activities.
He only provided 1 invoice for BrushBark, which shows the pricing we normally get. But all the other AsheeBrush invoices are purely made up.
The small claims help person (a student) said "it's like proving a negative."
I don't know what that means! HELP!
I'm not ashamed to say, I love pets and grooming, it's my first time suing for anything. Can someone help?
In Azusa, California.
| I misspoke/ need to clear up on 1 thing.
BrushBark, the real vendor, gave a copy of a legit order i sent them. But we only have the 1 for now, since their accountant is on vacation until monday.
AsheeBrush, the fake company, really had paid this 1 invoice. We verified payment with vendor BrushBark.
AsheeBrush gave me/my biz an AsheeBrush invoice showing "payment to BrushBark $150" and 2 or 3 other faked line items that I need to prove are fake for court tomorrow. |
My employer feels that the drive back in a company van is time off the clock.
| So I work for a company that visits several locations across the city (Phoenix AZ) throughout the day. At the beginning of the day I commute to the shop, help the technician put their van together for the day, then drive to several locations to clean carpets. The technician gets paid commission per job, but I get paid hourly. The company policy is basically after the last job of the day I am off the clock. This sometimes leads to an unpaid hour drive back to the shop where my car is. I have talked to my boss about this but he is adamant that I am no longer doing productive work for the company, so I am no longer on the clock. I have done a bit of research and it seems like there are federal laws stating I am not off the clock until I get back to the shop.
I am planning on confronting my boss here soon, but I am worried rather then change the job culture (there are a few other helpers) it would be easier to fire me or just ignore my request. I also want to be 100% sure that this behaviour is in fact illegal. Any advice would be greatly appreciated
| Your boss is very wrong. Travel time from job site to job site is hours worked. The last work location you go to, the place where your car is, is a job site. You have to be paid. But once you arrive at that last job site and are free of duty then you are off the clock.
http://www.dol.gov/whd/regs/compliance/whdfs22.pdfAnswer #2: Thanks for all the advice guys, I talked to him this morning and predictably got fired for an unrelated issue. I work with uber to so I should hopefully be financially OK until I find another job. Better than having money stolen from me everyday. |
[OR] How much responsibility do I have as a tenant for plumbing issues?
| My partner and I just moved to Oregon and when we moved in we got a pretty long and complex list of specific instructions regarding the plumbing. Essentially the story was "old house, small pipes, flush as little as possible." This included a pretty strong recommendation that we dispose of used TP in bins rather than flush it as well as "use this very specific brand of TP."
The plumbing does seem to be temperamental but my question is even if we follow her instructions to a reasonable degree (throwing away used TP in a bin in the bathroom is not sanitary and thus not happening) and there's a problem with the plumbing how much are we responsible for?
My suspicion is the landlord knows the plumbing is dodgy and wants to be able to blame us for any issues to avoid having to pay for any potentially expensive fixes. When I did home repairs for landlords previously this was a pretty common scam that landlords ran; avoid fixing problems and neglect to tell tenants about them fully so that when something does break the landlord can claim it was the tenant who broke it and is therefore responsible.
| >throwing away used TP in a bin in the bathroom is not sanitary and thus not happening
People do that all the time and it is fine in terms of sanitation. If you ignore the instructions they give you and something goes wrong you are taking a risk that you're going to be responsible for the repair. Especially if those rules are written into your lease? |
Is there a way to deny family medical decision rights?
| I'm in the United States. California, if that's relevant. I know that via durable power of attorney, one can appoint someone to make medical decisions in the case of an emergency. However, I want to know if there is a way to, without specifically appointing anyone, to deny that right to specific people.
I do not get along well with my family. We have very different points of views on what is and isn't right for my own well being, morals, etc. I do not want them to have the ability to override my judgement if I am in an emergency, or unable to communicate. I also do not have anyone I would like to give power of attorney to (I'm young, don't have any life partners, friends close enough to give this to).
**TLDR:** I do not want my family to, in any context, make any medical decisions about me. Is there a way to prevent them from doing so without designating a specific agent as having power of attorney?
| There is no "anyone other than X" type of power of attorney.
However, you can designate a professional as your healthcare designate, for example, an attorney or professional trustee.
In any case, there needs to be a person to make any difficult decisions, and the default is family. So to override it, you must name an alternative individual.Answer #2: Create a living will that says exactly what you'd like to happen if something debilitating happens to you. File this with a legal professional who you feel you can trust. Give them power of attorney. |
Do you have to be under arrest to be charged with resisting arrest?
| My friend was approached by police officers and promptly arrested. He claims he did not commit a crime but did resist when police tried to detain him. He was only charged with resisting arrest, no other charges. How is this possible/lawful?
| Umm you are trying to say that he shouldn’t be charged with resisting arrest when he was in fact resisting arrest while they were trying to arrest him? That’s not going to fly. I think what you want to say is that they had no cause to arrest him in the first place. But the truth is - you fight that battle in the courtroom rather than the street. Because of just such an example. It wasn’t his place to resist arrest at all. He should have just submitted and then argued the toss in court. He might not have been guilty of the crime they were originally trying to arrest him on, but it sounds like he did resist. |
I am 19, live in Wisconsin, and have joint ownership of my car with my Dad. Is it legal for him to take my car away?
| I recently got my first speeding ticket at 19. My parents were livid and are trying to take my car away. My dad put the title in both of our names. Is it legal for him to do that in Wisconsin?
| The legal answer to this question is - probably not. And the likely remedy is for you to ask a court to force a sale of the car.
The practical answer is - he can probably do it. Do your parents provide any support for you? Would you like them to continue to do so? If so, you are pretty much stuck with their rules. |
Hospital didn't file a claim with my insurance, and are instead trying to charge me.
| One day out of the blue, I had an allergic reaction to shrimp. I was 18 at the time and had no health insurance. It ends up being bad enough where my Dad ends up taking me to the the hospital. After treating me and getting my information, they set me up to apply for AHCCCS. The hospital was the one who helped me get set up with all that stuff and after completing the application process I was accepted and given insurance retroactive a few weeks before the incident.
Afterwords my Dad lost the house we were living in so we moved into my Grandmas for a bit, I had my address forwarded but I hadn't heard from the hospital and was sure that everything was taken care of. However about 2 years later I was reviewing my credit score on credit karma and it had dropped over 100 points. I looked into it more and it was the hospital, apparently the never charged my insurance. Well I try getting a hold of them and they said they called AHCCCS and were told I wasn't approved and I didn't have insurance, luckily I was able to get a hold of the insurance company and was able to confirm that I did in fact have insurance and that it was retroactive for even a few weeks before the incident. So I give the hospital a call back and let them know that I did in fact have insurance and they just never put in a claim. The insurance company was actually being helpful as well and said that to tell them to put in a claim now (2 years later) so that they could review it. Well the hospital refused saying they could not do that because it was already in collections and it was no longer there bill (since they sold it to collections). I ended up running back and forth for about a month straight trying to get this resolved, but still nothing has come of it. The hospital refused to put in a claim, and apparently I can't put in a claim for them and now I feel like it's to late for the insurance company to try to help me now since it's been so long. I haven't spoken to the collections agency. I'm really confused on what I should do. The medical bills are around 4000$ and I really don't have the ability to pay that and don't even find it fair that it's there in the first place since they should have just put in a claim and there would not be any issues.
I tried my best doing what I could at the time, but it was very exhausting stressful work, and at the time of all this happening I had just started a new full time job so I wasn't getting any rest. After going back and forth for a bit with the hospital and the insurance company I just kinda stopped doing anything about it.
Edit: This is in Arizona.
| > apparently I can't put in a claim
You can't submit a claim against your own insurance? That makes no sense. |
How far are you legally allowed to go to protect your dog/pet when out in public from another pet or even person?
|
I just wondered what i'm legally allowed to do if I'm out walking in the park and a person randomly kicks my dog or another dog comes out of no where and starts attacking my dog?
​
| As another commenter has said, pets will be considered personal property.
A person has a right to protect their personal property so long as it is reasonable.
So it will depend on the situation.
For example, if you’re walking your dog and then another dog comes and attacks your dog and you kick that dog in the face... this would be reasonable if it was a large dog. However, let’s say the attacking dog was a chihuahua, kicking that dog in the face might not be reasonable, because you could have pulled your dog away or possibly shove the chihuahua with your foot.
So it’ll depend on what most people would do in the situation. Answer #2: I'm not too sure but since dogs are considered their owners' property, you would treat it like you would treat the protection of your house?? I'm not sure, just spectating Answer #3: One clarification to make here is that you have the right to defend your dog DURING or to prevent the attack once attempts to attack have been made. NOT AFTER. So if someone comes up and kicks your dog, unless there's an indication they're about to have another go at another kick, you cannot use self-defense if that threat is no longer there. Answer #4: Oddly, I was contemplating a similar scenario recently.
Suppose I am publicly walking my, let's say a pitbull, past a home. The owner of that home comes out with a gun, telling about how these killer dogs shouldn't be in this neighborhood and he appears as though he is about to shoot my dog. I am also armed. Would I have a legal right to protect the life of my dog through the use of deadly force? |
I am the principal driver on my dads girlfriends car. (AL)
| I am 25. My dad does not pay any of my bills. I haven’t lived at home in 8 years.
On a recent visit to my dads I noticed his car insurance policy for his girlfriends car had me as the principal driver for the car. I do not, and have not ever driven the car.
What do I do here?
Topic:
Insurance
| Yikes, what kind of driving records do they have that a male in his 20s gets a *lower* rate?!
I'd ask what's up and ask him to remove you. If he won't, I'd consider contacting the insurance company myself.Answer #2: All the utilities are in your name too. |
Need some legal advice in Texas... Pregnant with first child.
| Long story short, I would seek an attorney but i would like to have a general idea of how everything tends to happen.
Long story short, I was with my boyfriend up until a week ago. He was verbally abusive and on the verge of physical abuse. Last sunday he did end up threatening me physically w a kitchen knife.
At the time I was in so much shock I tried to call 911 as I was leaving his apartment but it was all confusing so I went to a police station the following morning to file a report. They issued me a Family Violence report and said that it would be up to the state to prosecute him if they choose to because of the circumstances. I originally went to file the report for myself and my baby if we should proceed to court after the birth.
My questions are, does anyone know the process after filing a family violence report? Will he ever be notified? I have not spoken to him since. If he should be prosecuted by the state any idea what happens after that? Please feel free to ask any further questons. I tried to keep it short.
| Please contact a domestic violence center, such as the one at http://www.thehotline.org/ - they can talk you through everything.
Yes, he could be notified. He could be arrested, and charged with assault. Separately, you can probably sue him for assault in a civil court. You can obtain restraining orders from a court that will keep him away from you.
|
Movers installed a washer and dryer for us. They didn't tighten the hose connection to the water valve and it leaked, ruining the floor and walls of one of our bathrooms. They're not taking responsibility.
| We live in Tarrant County, Texas. My sister's roommate gave us her old washer and dryer to replace our older washer and dryer. Sunday afternoon, the moving company that the roommate hired brought them to us and installed them both, but it felt like they were rushing things to get out of there. They left and forgot to turn the water back on, which I realized when I tried to give the washer a test run.
Today (Tuesday), I discovered that the floor in the laundry room had water under it. In addition, the wall of my bathroom was wet, and a puddle has formed behind the toilet (laundry room and bathroom are back-to-back). I turn off the washer's water valve and my sister called a plumber for me. He found out that the washer's connection to the house's water valve wasn't tightened and was leaking water when turned on, and he was able to turn it a good 5 or so times to tighten it. My sister also had to call a carpet cleaner company to come dry the affected floors and walls, which they're doing now.
My sister called the movers and told them the situation and asked for reimbursement for the plumber and the floor cleaner fees (almost $500, possibly more if we need to rent the cleaners' equipment for additional days). They refused, saying that it wasn't their fault since they weren't the ones that turned on the valve. They also said that if they really didn't tighten it, then it would've leaked while they were there (it didn't leak while they were there because they forgot to turn on the water though). My sister decides that she'll have to take them to small claims court.
So I'm not exactly familiar with how these proceedings work, so what exactly should we do here? I feel like we have somewhat of a solid case, but I don't want anything to go wrong. Do they have a case for anything with the point of "we didn't turn on that valve, we can't be responsible?" I want to say it sounds stupid, but I could be wrong. Any advice?
EDIT: Added location
| Honestly, movers are not trained to install appliances. You should have checked the connections.
You better make sure the dryer vent and gas are done correctly by someone who knows what or you could end up dead.
|
(Nebraska) Landlord failed to leave notice for spraying the house for bugs, maintenance worker ended up walking in on me naked.
| Update: Talked to them and was told I had been given a paper that said when they are coming to do these chores. I have never seen it before. The maintenance people said that other people didn't know they were coming to do this. How can somebody say they did something but have no proof or clue if it had been done. The guy there said it was put up in our apartment even though he said the maintenance people commented about people not getting notices
| Have you complained to the landlord? That's what you can do. Tell him you want the legally required notice before any workers enter the apartment.
And close the chain on the door (or buy one) if you're home and want to ensure they can't disturb you.
But really -- complain, in writing, to the landlord and make it clear that (s)he needs to give you proper notice. That's what you can do. |
[UT] HR asking for specific medical information
| Some background: I am currently pregnant working in a field where I'm at a desk all day, so my pregnancy doesn't affect my physical ability to work at all. However, I've been having issues walking long distances without passing out and/or feeling faint.
My office has 2 maternity spots right out in front that are usually taken so I don't get to use them. It also has a close parking garage (which requires a red parking pass) that I don't have a pass to use. My parking pass (orange) is valid for a further away garage that I have to cross two streets and walk through sometimes icy terrain to get to my office. I have had a hard time accomplishing this without having to take breaks and am worried about hurting myself.
I asked HR if I could get a closer parking spot for during my pregnancy. I was informed that "If you have a medical condition (example some type of complication due to pregnancy) preventing you from walking from the orange lot you can get with your doctor and have them send a note stating the reason for you not being able to walk that distance. Then we will verify with the doctor that you are unable to walk from the orange lot. After that is complete we can issue you a temporary red pass."
My doctor wrote me a note requesting special maternity parking. I'm just not really comfortable with my work requesting personal medical information about me. Is it legal for them to require my doctor to disclose my personal medical information, or should a note saying I need a closer parking spot be sufficient?
| Are you asking for a medical accommodation but don't want to disclose the medical need for the accommodation?
Are they asking you for your medical history or just to confirm with a doctor that you have issues walking long distances due to pregnancy?
Also, are the people taking the maternity parking spots using them legitimately? Have you tried getting to work a little early to see if you can take one of those spots? Maybe you could ask that they increase the number of maternity spots. |
I have jury duty tomorrow. What should I avoid wearing? (Placer County, CA)
| I have a SUPER laid back job, and I don't have many "nice" clothes. I wear shorts, flip flops, and a baseball cap to work every day. I'm guessing I should avoid wearing these... is that accurate? I have decent looking jeans and I have a nice shirt... I don't have nice shoes, and my hair is definitely not in a place to be presented in public. I look much better with a hat right now than without...
Thoughts?
| > look much better with a hat right now than without...
They will ask you to remove the hat inside the court room.
Otherwise wear your jeans and a shirt, as long as you are respectful everything will work out fine. |
Is it negligent for an insurance company I work for to use software that is fundamentally broken?
| I work as a call center employee accepting claims for a large insurance provider, not healthcare related, but I do not want to be more specific. Obviously I can not prove whether some of these things are intentional to save the company money or if it really is poorly designed software. Basically the software deletes customer data and claim information all the time. It may effect relatively few people, but for some people their claim is never paid out unless they make dozens of calls. We press buttons that do nothing and assure the customer their payments are on their way, no one you talk to is being malicious, but for lack of better words your account is broken and can not be fixed. For some customers the entire record of their claim becomes obfuscated or deleted in a way that others who are less experienced at looking at the data will insist the customer has never had any business with us and their calls will get terminated over and over until they get the right person.
I understand that insurance companies are looking to profit, we deny quite a lot of claims for a lot of ridiculous reasons, but these are approved claims that we have come to some agreement with another person that they should be reimbursed/paid. I have seen quite a few people who make calls to us weekly for a period of half a year to resolve their claim.
| Not a lawyer, but I work in insurance IT. This wouldn't be accepted at my company, but making policy systems and claims systems talk to each other can be extremely complicated. Your company probably has about 5-10 legacy policy systems sitting out there AND customers who have NO electronic policies at all. I'm talking about paper policies because it was considered too expensive to code an entire system just to hold them because they are so specialized.
All that to say, it could be considered negligent by a DoI, but really this depends on the circumstances. |
Gaining custody of younger sibling from two unfit parents
| [deleted]
| There is probably no way to do this other than to get CPS involved.
You should consult with a local family law attorney if you are seriously interested in pursuing this. |
When can you shoot someone for someone else defense?
| I drive through some bad parts of Chicago as part of my daily commute. One day I saw a guy shooting at another guy 15 feet from car in the middle of rush hour. Would it have been legal for me to shoot the shooter even though he wasn't directly shooting at me?
| Defence of another is a legal defence.
#***BUT***
In your story you would've had no idea if the shooter you saw was at fault, or himself acting in self defence. If he was and you shoot him? Then you've just committed attempted murder.
Not to mention more common sense wise, in that kind of situation unless you're James Bond you stand a good chance of hitting a completely innocent bystander.
So in conclusion, pull over, call 911, and move on. |
Alabama, my 18 year old nephew has been charged with 2nd degree rape and sodomy.
| His parents will not help with attorney fees. He is a really good boy and I want to help him all I can. Any advise would be great.
Topic:
Criminal Law
| > His parents will not help with attorney fees.
Perhaps they know something you don't?
> He is a really good boy and I want to help him all I can.
Did he do this? Do you believe he has been falsely accused?
The best you can do is hire an attorney for him. Answer #2: You can offer moral support. You can also hire a lawyer for him. Otherwise a public defender would be appointed for him, if he is eligible. |
Can I be sued over a yelp review?
| I yelped my old dentist about how their time was not convenient for me so I had to switch dentist. The dentist replied and said I was unfair and could possibly cause her to lose business. The truth is that I could have said more (there was quite a few bad reviews) but I didn’t (like how they try to max out my benefits all the time and force me to get things I don’t need or things that were already done).
Her responses to all the negative reviews were extremely rude and I just want to make sure that she can’t sue me over a review.
Topic:
Other Civil Matters
| You can be sued for anything, as long as what you said is truthful, and you respond to any kind of summons, you should be okay. |
Working fraud?? REALLY SCARED and urgent what do I do??
| I'll try to keep this very short as I'm soon going to work and talk. I'm 20 and located in usa.
These past 3 days I would go to work clock in and go home and come back whenever I needed to clock out/etc. I work at Walmart. I know this was a retarded thing to do I will not go in to excuses or anything here as I know I should not have done it. I got a call not long ago to come in as they said they haven't seen me for 3 days even when looking and they thought I was clocking in then leaving. They said I could be facing time!! I don't want to be charged criminally!! They want me to come in right now and give a written statement. What do I do? I'm just a 20 year old, I have no money I have no family to help etc I really depend on you guys from advice as I have nothing.
Please tell me what to do and how much trouble I can get in to, can I really go to jail and charged with a crime like they said??? What do I do??? Also will they withhold my check??
edit: new info: I was told I'd need to speak with asset protection, can they arrest me inside the store?
Thank you so much for your time.
| > I don't want to be charged criminally!!
That was something to consider *before* you hatched your glorious plan.
> They want me to come in right now and give a written statement.
Don't admit to anything.
> I'm just a 20 year old
You're an adult. That's all that matters.
> Also will they withhold my check??
For money you didn't earn? Absolutely.
> What do I do???
My advice would be to not talk to anybody from Walmart and never return to the store ever again for any reason. If you are arrested or charged with a crime, say nothing except you want a public defender. Maybe you can be put into some type of first offender program so this won't absolutely f*ck up the rest of your life.
Answer #2: >Also will they withhold my check??
Seriously dude? Like you're not in deep enough shit already that you want to file an unpaid wage claim for the money you tried to steal?!Answer #3: This is time card fraud (theft) and you could absolutely face criminal charges. Best case scenario your employer forces you to pay back the money and fires you. Worst case you face criminal charges which would depend on the total value of the time "stolen". Answer #4: Don't go into the store, don't talk to ANYONE about this, and never ever for the love of God talk to the police about this. If you are contacted by the police, your only words should be "I want a lawyer."Answer #5: Here's the deal, you're going to be fired.
Don't make a statement, don't sign anything.
|
Scam or not?
| So this is my first post to reddit ,not sure if this belongs here but I need to know if this is legit or a scam or illegal. I got an offer from a sugar daddy. The only thing throwing me off is his form of payment... he wants me to go to Walmart get a 50$ Amazon card give him the receipt and code on the back, then he gives it to his accountant and the accountant some how gets a code loaded with 2000$. I then take the code to the store I got it give it to the cashier and they give me the cash. This doesnt make sense to me. Is this a thing? Is it possible? Idk what do you guys think.
| Anything that has to do with you buying gift cards and giving them the code, it’s a scam. |
[California] Ex-boyfriend tattooed an x-rated photo of me on his arm. Is this revenge porn?
| I'll try to make this quick...I'm still trembling. I dated my boyfriend on and off for 2 years and it was a roller coaster relationship. I finally got the courage to leave and not get dragged back in. Once he realized I wasn't going to cave and come back to him this time, things turned even uglier...for a few days. Then radio silence. I could tell shit was going to hit the fan and even played out scenarios in my head of what awful was to come - but I never expected this.
In the beginning of our relationship ex-BF and I took intimate videos. I know, I am utterly stupid. I've been scared of him using this as "revenge porn" but because of CA's revenge porn laws, I didn't think he'd go there. He's already on probation and does *not* want to get in more legal trouble, despite him wanting to hurt me.
I woke up Wednesday morning to a post of his friends showing ex-BF's new tattoo on his upper arm. It's me...with his semen covering my face. It's a still from one of the intimate movies. The tattoo artist is very talented...there's no second guessing that it is my face. I googled around and found a similar tattoo to give you an idea (in the comments). Apparently this is something other people have tattooed and maybe how he got the idea. I'm horrified. Can he really do this? The tattoo is huge...takes up his entire upper arm. It's not like he has a sleeve or anything to distract from it (he has other tattoos but in places like his chest and back). In the photo ex-BF is smiling with a big thumbs up and his friends are sharing it and commented "LOL" and hateful things. I can get over his shitty friends, but what if this gets shared a bunch on social media? Will it ever go away if it's on the internet? Also, what about the people he will encounter for the rest of his life seeing this tattoo of me? I'm so horrified, I hate myself right now.
Is this protected under revenge porn? Can I legally get him to remove it or cover it up? Please help.
Edit: thank you for all of your replies. Yes, I know that my ex will regret this tattoo and be seen as a trashy MF, however the pain of this embarrassment is still real for me. I don't care what his occupation or future relationships will look like...what I care about is my face on display for whoever sees him, the photo, shares it, reposts it, etc....
For now I am screenshotting and documenting everything. Every share, every person who's liked it, every comment. I'm also documenting all texts between me and my ex and transferring his psycho voicemails to my computer. Any other advice on documentation?
I've reported the images on facebook but have yet to hear back. I've gotten countless PMs and texts from people who are friends, family or acquaintances asking me about the tattoo. I haven't responded to anyone. I'm worried about my co-workers or fellow students seeing this, but until facebook does something, IDK what else there is to do.
I don't know if I will take legal advice for fear of this becoming a huge court case (I wonder if this is likely, given the traction of revenge porn cases in the media and the fact that this is a very unique situation...which (I can admit) is flabbergasting and makes your mouth drop. I can't imagine a headline involving this that WOULDN'T be clicked on by everyone who reads it.
I'm going to take some time and cool down...right now I feel like tearing my hair out and I need to think clearly. I'm not going to respond to ANYONE about the tattoo except for a few close friends and family. I don't want anything getting back to my ex. He wants a reaction...he wants me to hurt...he wants me to beg and plead...I won't.
Thank you for your responses...please keep them coming. If you don't mind, don't upvote...I don't necessarily want any more visibility...just advice. Thank you, reddit.
| I don't have any legal advice for you, but I just wanted to say that this is horrifying and my heart goes out to you. I can't even imagine how awful this is to deal with and I'm so sorry that you have to go through this. I hope that there's something that can be done legally because this is a level of fucked up my mind has never even imagined. I really hope that things turn out in your favor and that, one day, this will all just be a bad memory. I hope you're okay and that you are able to heal from this terrible experience❤️ |
Somebody is building houses on my property
| What happens when you have land in Hong Kong and somebody else forcefully builds houses on your property? This is supposedly happening to us right now and I'm not sure if I have to actively stop them (I'm from the Netherlands)? It's a long story, but according to my dad he needs the papers so he can go to Hong Kong asap and get a lawyer. Because if we don't stop those people from building houses on our land, we will be the ones 'acknowledging' them or something? I'm sorry, I'm not sure how to word it and I don't know if I should believe my dad. Where I live, nobody can randomly build on your property and harm you that way. I hope someone knowledgable can help me.
So, the thing is that both of my parents are divorced and my dad is with another woman now (a very greedy and selfish one too). I have the papers of our property in Hong Kong and today my dad asked me for the papers claiming somebody was building houses on our land and it could become a huge problem. I don't fully trust him anymore because of things that happened in the past and also because of the woman by his side. There's nobody that I know that is more knowledgable about this. I actually also can't go there now if I have to, which means my dad will have to go there alone. But I'm scared that he lied about everything and he will just go there to sell the property.
EDIT: he got the information from an acquaintance and apparently the other party consists of maffia members.
| > It's a long story, but according to my family member he needs the papers so he can go to Hong Kong asap and get a lawyer.
"Quick, I need paperwork filled out about real estate that you don't understand so that I can stop this huge crisis!" is, 99% of the time, a scam. It's possible this is actually happening - but don't sign anything until your own lawyer has looked at the situation.Answer #2: You need a lawyer specializing in Hong Kong realty law and you need it yesterday. Most of the people here will only know US or Canadian law. |
[IL] Is it safe to be a Consultant for Medical Marijuana Company?
| One of my old friends works/owns a prescription marijuana company that specializes in creating THC concentrates such as hash oil. They operate in Colorado and California and are working on expanding. IANAL and the info I found was hazy at best but was looking for some guidance.
I work in IL and my friend asked me if I could help them out doing some consulting work for the pharmaceutical end of it to help with their documentation, GMPs, and other issues but before I got involved I wanted to make sure this was all legal. I don't know if it is okay for me to help them since MM is legal in IL or if since it is across state lines if it violates federal law or even if it is legal in that state since federal law states otherwise.
I know this may sound stupid I guess I just want to be safe and not start helping them out to find out that I have done something illegal.
| No, marijuana is illegal on the federal level and any participation in it may result in you being charged as part of a conspiracy to traffic in marijuana. |
I live in California and my therapist wants to report a person who sexually abused me as a kid, 15 years ago? Is it not reportable anymore?
| [deleted]
| Depending on the facts, it is likely your therapist is required to report this. Therapists are mandated reporters. |
[Tucson, AZ] My ex-fiance keeps harassing new girlfriend
| My now ex-fiance and I had a ba breakup mid last year and it never apparently settled with her. I moved on and got a new girlfriend a few months later and have been dating her ever since. My ex is constantly causing issues with both my girlfriend and I. She continuously calls and texts both of us, has confronted us at my girlfriends place of employment, and has even tried to have our (my exs and I) daughter lead her to my girlfriends residence. In december she even caused in incident between us which resulted in her getting multiple domestic violence charges against her, requiring her to attend counseling and a court order for no contact between us besides text and email regarding our child. She still texts about topics unrelated to our daughter, and calls under the guise of wanting to speak to our daughter, but then asking her to hand the phone to me. After that she moved out of state since she could not get a job and a place to live.
Anyways, I am handling my issues with her through the legal system since those options are much more clear and obvious. The problem is that she will not stop harassing my current girlfriend. I got a text earlier from her saying my ex called her cellphone five times then called her at her job.
So what can my girlfriend do now? I am thinking an injunction against harassment is about the only option, and that seems pretty weak and easy to break. My ex constantly uses google voice phone numbers to call and text us since it cant be tracked back to her, or blocks her number from caller id so it doesn't appear that she called us.
Please help.
| She is violating a no-contact order.
Talk to the DA about what next steps are.
And in the meantime, document document document every interaction. And do not spend time with her without witnesses.
|
IV complications.
| On Friday morning I was suppose to get a surgery done on my knee.. Very simple out patient procedure.
Anyways, when they were prepping me, the nurse inserted the iv in my hand, and immediately I started feeling woozy and ended up having a seizure.
I had to stay the night, getting brain related test done bc I've never had one (all of the test came back normal).
I had 3 witnesses in the room who all states at multiple times the seizure happened immediately after the iv was injected and the nurse later told the neurologist that it happened 10 mins later. Which is a completely lie. I also saw spaces in between the liquid they were putting in me which I now suspect they were bubbles and that's the reason I had the seizure. What do I do now?
Location: Houston, Texas
| Medical malpractice is very fact specific and it is unfortunately beyond the scope of this subreddit. It is highly recommended to speak with a medical malpractice attorney; your state's bar may be able to refer you to one. They typically work on contingency, meaning there is little up front cost to you. Similarly, consultations are typically free. It wouldn't hurt to meet with one, have them look over your info, and go from there.Answer #2: It would take an IV line full of air to cause any problems. Some bubbles in it are no problem at all.
Had you ever had an IV before?Answer #3: I get IV infusions every month, for years, air in the line (unless it's an extreme as in full line amount) is harmless. You just breathe it out when the blood and air travel to your lungs.
|
Western union money used illegally (maybe?)
| [deleted]
| Don't go to Trinidad, and stop supporting this freeloader.Answer #2: That isn't the police. Your ex is trying to keep you from showing up. Sounds like he is just taking your money. |
Fired for eczema
| I need help figuring out what I can do about this. I am a server in Louisiana and had an eczema flare up on my face which I tried to cover with makeup. A customer complained and I was called into my bosses office. He then tells me I need to take some time off for it to heal and I agreed as I wanted it gone as well. I took a week off and my eczema was gone, but left behind some light pink scarring. I tried to go back to work, "no it's not gone you need more time off," i assured him it was gone and what's left is just scars. Kept trying to get back to work to no avail. I respected my boss and the establishment which is why I agreed to the originally time off. I went in for a meeting today with him to once again try to get back to work. I told him that what he is doing is against the American disability act and as soon as I said that I was fired. I don't know what I can or can't do. Is what they did illegal? Can I file a case against them? I can't pay my bills or even buy grocerys due to these forced 3 weeks off.
| file for unemployment and file a discrimination charge with the EEOC
neither should cost you anything out of pocket, at least initially. if the EEOC charge wraps up and they issue a right to sue letter, then you may be looking at trying to find a lawyer on contingency, but until then there is no payment required on your part, and if you find one to work on contingency they get a portion of any settlement or judgment
Answer #2: NAL, but your first step is to file for unemployment.Answer #3: Is this a large chain restaurant?Answer #4: No legal advice, but I have really bad eczema on my legs, and it sucks. I'm sorry you have to go through both eczema and this discrimination! I hope you can get this resolved with the EEOC. |
[Indiana] Snowy weather. Mother-in-law slipped on floor in department store that had a lot of slush. Fractured knee cap. Anything she can do?
| A little more backstory:
This was at the entrance of a large department store chain in Indiana. She slipped and hit both knees hard on the ground. She initially thought it was just badly bruised but it turns up she actually fractured her knee. Unfortunately, she didn't take any pictures or talk to any of the staff at the time. She was in so much pain she just left. This has been about 3-4 days ago now.
Is there anything that she can do as far as at least hospital bills? She doesn't have any evidence herself, but could there be security camera footage? Or is it too late for any of that now? They had one of the slippery when wet signs, but shouldn't they have taken better precautions? Most stores usually have lots of rugs laid out when the weather is really bad. Any advice would be welcomed; thanks in advance!
| She can talk to an attorney. Her testimony is evidence, albeit self-serving evidence and probably not enough alone. There is no way we could possible know if there is camera footage, but if there is it would be better to get this started now so that it does not get deleted. Also, there is no way for us to know if the store should have done more. Maybe the slippery condition existed for 30 seconds and someone had not yet noticed it. Nobody here knows. That is one of the things that a lawyer would help figure out. It also may not matter, depending on the state's tort laws. Talk to a lawyer.
|
Problem with neighbor's animals routinely coming over to damage our property (OR)
| We live on a rural property near Portland OR. We use our 14+ acres largely for horse pasture (3 horses) and some hobby farming (small orchard, berries, hens). Our animals are always enclosed. We also have a very well trained shepherd and two indoor cats.
Our neighbor is living on his grandparents' 3+ acres (I believe his grandfather is deceased and his grandmother is in a retirement facility). At first he had two head of small cattle he was raising for meat, as well as 3+ goats (one ewe, two rams, maybe a kid or two). Now, 2.5 years later, he still has the cattle. The original goats have all died, likely of neglect (one I have evidence to support) and there is one surviving neutered ram. He also has up to 40 pigs including breeders and piglets. There are 10 guinea fowl. Oh and one (new) dog who barks endlessly outside and a semi feral cat.
We have had countless visits from his animals. His property is painfully overgrazed and he's rarely home and even more rarely tending to them, so they come looking whenever his hotwire goes down. It goes down routinely and he always has a reason why he can't fix it until DAYS later ("my brother died", "we had another baby"). The goats were allowed to be loose all the time anyway until recently. We complained directly to him about the damage they were causing (stripping bark off fruit trees). So he staked them to T posts on a slope which may be his property, may be ours. They had neither shelter nor water. One of them strangled itself and/or died from thirst. After leaving the carcass out for days, he finally buried it where it died, mere yards from a creek and pond between our properties. The last one is still out there. We've called animal control (I am a vet and a mandated reporter) to no avail. His cattle have gotten lose and trampled my stuff. Now his pigs have dug under the hotwire and are rooting up our property. NONE of these animals are getting proper deworming or vaccinating.
Tonight he called after I texted him about his pigs' latest visit. Up until now, he'd never exactly been apologetic but at least never denied that his animals were loose and causing problems. Tonight he acted like it was impossible the damage I found was from his pigs (but it's clearly pig rooting and it's the same place they've rooted up twice before). He asked to take down a strip of shared fence to replace it with hotwire. I told him he could build his hotwire inside his own property. He replied that he wasn't losing "his property line" and hung up on me.
I am sorry for the ranting but I am simply livid and at my wits end. I want to be a good, flexible neighbor but this guy is taking advantage. I'm over being good or flexible. Police say they can do nothing about the loose animals unless they are on public property (are they telling me to open the front gate and drive them onto the road? Cuz my shepherd and I can do that). They recommended I send him the bill and sue him if he doesn't pay. This guy has no money. What good is suing going to do? Animal control did nothing. I'm not allowed to take/destroy the animals even when they are on my land (plus thats not exactly my bag). What resources can I turn to?
EDIT: so after a long day of research, phone calls, etc., this is what I've discovered/accomplished:
1) my neighbor has failed to follow at least two codes: (a) his "pastures" go all the way up to property lines instead of being set back 30ft and (b) he buried a livestock carcass less than 400 yards from running water.
2) he may also have broken this statute: https://www.oregonlaws.org/ors/608.510 (aka no free rides for pigs).
3) his house is owned by a trust named after his grandparents. His grandfather is deceased. His grandmother lives with his father. I found his father's name and at least a PO Box in the next town over. I do not yet know who the trustee is, nor how to answer that question just yet, but getting the "landlords" involved is a high priority item.
4) the lot of them are getting a major tax break they are no longer entitled to, at least not since 2014 (that's 3 years at over $5000 in tax deferral a year).
5) I have found a free mediation service for my area. I would prefer to resolve this in such a way as to maintain good neighborly relationships, so I will go this route if he will too. If that doesn't work, he'll be getting bills for all the girdled stone fruit trees and lawn grazing rights to which he helped himself.
6) I am putting together a long and detailed list of trespassing and other boundary-disrespecting events, with all the photographic and video evidence I have already collected (sooooo many lose animal videos).
7) I am having a surveyor out to mark the property line and then will fence the part that remains open - no more access to our pond for Mr Douchetastic. Sorry. Not really.
8) Animal control is totally MIA.
| >They recommended I send him the bill and sue him if he doesn't pay. This guy has no money. What good is suing going to do?
He might have no *money*, but he does have *assets* that you can place liens on and, potentially, force a sale of to cover costs. Clearly he has land, and livestock, and both of those do have monetary value. Forcing a sale of livestock to cover your damages might be as much of a win you can get. Offending animals go away, he has to pay.Answer #2: NAL, but you might want to check your zoning. I have a 10 acre property outside of Bend, OR, and the way that it and the land around us is zoned means that we are responsible to maintain our fencing in a way that keeps other livestock OUT. It's not someone else's responsibility to maintain fences to prevent their animals from getting IN. This might only apply to our boundary with public rangelands and not our private neighbors, but it's something you would want to be clear about before requesting fencing repairs. |
Are there any laws in place to help prevent people selling a phone. Then filing a lost/stolen insurance claim.
| I recently had a friend who bought an iPhone 8 they ran a imei check on it. Everything came back clean and good. A few weeks later they get a notification saying that their SIM card no longer worked. Look at the imei again and it has a assurion claim on it. Is this a common practice and are there any laws to help prevent this? This is in Michigan
Edit: I didn't put Michigan
| That is insurance fraud and it is against the law.
He should report the situation to the insurance provider.Answer #2: It's fraud. It wasn't lost or stolen, it was sold. They then reported it stolen so they'd get a new one on their insurance. |
Regardless of personal opinion, does a gun shop owner have the right to declare "Muslim-Free"?
| Question arose from a news article in Florida. Recently, a Florida gun shop owner "won" a legal case of discrimination against his store, when a judge dismissed the case against him.
[Case in Question](http://www.washingtontimes.com/news/2015/nov/28/florida-muslim-free-gun-shop-owner-wins-discrimina/)
The story goes like this: Following the shootings of four service men in Chattanooga, TN, by an Islamic extremist, a gun shop owner in Florida posted a sign on his store declaring that the store is a "Muslim-Free" zone and that he would not serve Muslims. This rustled a few jimmies and the Council on American-Islamic Relations (CAIR) Florida filed suite.
The suit was recently tossed out due to the facts that the sign was a sign only (protected under first amendment) and that no one was actually discriminated against, as no Muslim was actually denied service at the gun shop. Can't say I blame them for not wanting to test how serious the owner was about this ban.
My question is, regardless of personal opinion (the owner seems like a grade-A asshat to me), is this type of distinction legal? Does a shop owner truly have the "right to refuse service to anyone", including the members of an entire religion? Or, can they only discriminate as long as the refusal is against an individual and not against an entire protected class (is there even a protected class here, or is that only for such things as employment)?
| No, you cannot discriminate based on religion when offering a service to the general public. |
It is Christmas time. Lol #RightToRemainSilent #LawyerJokes #MerryChristmas
| More like:
**Suspect**: I am invoking my right to refuse to answer any questions without my lawyer present.
**Cops**: I don't care if it's Christmas and your birthday combined, we don't have to give you a "lawyer present."
**Suspect**: Since the police tell me I will be now detained indefinitely without access to legal representation, I might as well answer questions and inadvertently incriminate myself.
**Louisiana Supreme Court**: Given the clear ambiguity of the suspect's request for "his right to a lawyer" vs "a nicely giftwrapped object appropriate for an attorney, such as alcoholic beverages", we find no infringement of his rights or misconduct by the police.
Reference: [Give me a "lawyer dog"](https://abovethelaw.com/2017/10/suspect-asks-for-a-lawyer-dog-willfully-ignorant-court-denies-comma-counsel/)
Answer #2: What is the point of the hashtags? |
|
(HI) Cited for failing to yield right-of-way to pedestrian; do I have a valid defense?
| I was issued a citation for failing to yield right-of-way to a pedestrian in the crosswalk, but I'm wondering if the circumstances surrounding the stop are a valid defense. The crosswalk is located at an uncontrolled, multi-lane approach with absolutely zero signs or road markings other than the crosswalk itself. There are two lanes of travel on both sides, with an additional turn lane in the direction I was traveling (5 lanes total). I was in the right lane.
After the officer told me why he stopped me, he asked me if I saw a bicyclist enter the crosswalk on the opposite side of the road. I had not because of where the crosswalk is positioned and cars in the left and turn lanes. When I told him no, he told me that a pedestrian had entered the crosswalk behind the bicycle. I don't think that the officer would pull me over without reason, but I can't argue that either way since I didn't see the pedestrian.
Now, in my defense, the Hawaii law states that a motorist must yield to pedestrians in a crosswalk if they are the motorist's "half" of the roadway, or if the pedestrian crossing from the other side is so close to the vehicle as to be in danger (http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291C/HRS_0291C-0072.htm). Since I didn't see the pedestrian, the fact that the officer said that the pedestrian entered from the other side of the road, and the ticket which says I violated section (2), I can only assume that the pedestrian was on the other side of the road. If so, and the pedestrian was on the opposite side of the road, is my being in the right lane (thus a minimum 2-lane buffer) a valid defense?
Second, there are no signs or other roadmarkings indicating that a crosswalk is ahead. My understanding per the MUTCD is that signs are MANDATORY for a crosswalk at an uncontrolled, multi-lane approach (see #2 here - http://mutcd.fhwa.dot.gov/resources/interpretations/2_09_86.htm). If I'm correct and the crosswalk is not properly indicated, does that have any impact on my citation?
Other than this citation, I have a perfect driving record. The officer did not request any vehicle information and did not inform me of any other laws that I violated (i.e. speeding). If I try to fight this, do I run the risk of an increased penalty? I'm required to appear in court either way.
Thanks in advance.
----UPDATE----
I was in court today. I had prepared my defense, but fortunately it wasn't necessary as the judge dismissed the case just after reviewing the officer's notes: the officer's diagram indicated I was in the far right lane and the pedestrian had just entered crosswalk, so there was at least 3 lane widths between us. I heard 5 other cases before my own where someone was charged with violating a pedestrian's right-of-way, and all but 1 was dismissed because the officer didn't make any notes, or because there were 2+ lanes separating the vehicle from the pedestrian. The only one that stuck was where a pedestrian was in a directly adjacent lane.
| I was completely prepared to come in and snark at someone for being mad about almost hitting a pedestrian. However, it sounds like you have a pretty decent defense.
Take some pictures to show the lack of signage and the location of the pedestrian relative to where your car was. There is obviously no way to know how a judge will see it, but this sounds pretty solid. I would love to hear how this all goes. ianal
Edit: The only issue I see is that having not seen the pedestrian, you are not going to be able to effectively argue that he was a safe distance away if the cop claims otherwise. Answer #2: Traffic engineer here, I'm having a hard time imagining an uncontrolled multi-lane approach intersection. There are no stop bars or yield markings? Even on the minor roads?
Is there construction in the area of the intersection? Any recent pavement work? |
50/50 draws and raffles?
| I live in Ontario, Canada. I've heard that any kind of contest has to have a "no purchase necessary" option where people can enter for free. I'm wondering how that works when it comes to things like 50/50 draws and raffles that can only be entered by paying a fixed cost?
| Charitable organizations can have a raffle if they obtain the appropriate license. |
My mum is abusive.
| I should say I posted this in r/teenagers and they said to post it here.
I said this before on r/advice but my Ma’s above to me and my sister, she kicked my sister out last year when she was 16; I think she will kick me out soon aswell.
Me and my Ma never got on well as she’s always been really controlling, when I 13 I had my first real girlfriend when she found out she was pissed and ended up hitting me.
More recently she hasn’t been doing anything to help me, I’ll clean my cloaths and she chucks them in the pond outside I’ll get a new tire on my bike she punctures it, I’m to tall for her to beat me up now although this hasn’t stopped her trying but she usually sticks to more petty things. I
There’s one thing that has really pissed me off though she has started going around to all my friends and they’re parents and telling them I’m beat her up and abuse her and I also have a criminal history, this is just pathetic but it’s working a lot of my friends have turned their back on me.
But wait there’s more, she’s also been going around local collages telling them this and they won’t offer me places for next year, that’s why I’m joining the army with my mate, she’s also stopped me revising for GCSEs.
Any advice is welcome and please tell if you have similar experience I can learn from.
Topic:
Non-US
| depending on where you are you'll want to talk to a lawyer (or your local equivalent) about defamation at the very least, a criminal history is easily proved or disproved and if you can get schools or others to go on record as having denied you for your mom saying you have one, any lawyer should be able to sink her with that alone.
If your local or national government has gender identity protections you may want to talk to a lawyer that specializes in hate crimes (usually requires a crime committed + that crime being committed because you belong to a protected group. Again defamation at minimum, you also may be able to apply assault and destruction of property).
All the above is dependent on where you live, just based on you talking about GCSE's I'm going to guess UK, in which case /r/legaladviceUK might be a better source. They would also have resources you could tap like local aid organizations or programs that can help in the meantime. |
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