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My friend works for a school coffee shop and was suspended for reading "mein Kampf". He's back now, but is there any way to tell the school off for their dumb reasoning?
| So my friend works for a school licensed big name coffee chain for the school in our town, (it's a college town) but he does not go to that school. Essentially he was reading Mein Kampf on his break and accidentally left it out on a table, and another employee saw it on the table and reported him for being racist or something. The school sided with the girl who reported him, and made him sign up for tolerance training classes and suspended him from work for a week. Now I don't think he has to pay for the classes and he's back from work, but I'm livid that the school sided with her, when he did nothing wrong. He defended himself to the president, saying he was reading it, not because he was a Nazi, but to become more educated about a historical text, which is true. There are no rules against reading books during your break, and Mein Kampf is a historical text, not like a porno magazine or anything, so there are no rules stating he cannot read that at work. Given that there is no posted rule, nor any written rule disallowing him from reading it, is there any way the school is in the wrong legally?
Topic:
School Related Issues
| He can read any book he wants to. They can terminate his employment. They can't force him to pay for classes. But if he doesn't they can not let him work there.Answer #2: This sounds bizarre. I have difficulty believing this story is true, if this is a public school. Is this a public school or a private school? Is the coffee chain operating independently, or what is its relationship to the school?
Generally speaking if he were working at a coffee shop *off* campus, they could fire him for reading the newspaper on his break, or a comic book, or the Communist Manifesto, or Peter Pan. Regardless of whether or not there are rules about it. This would apply in all states except Montana.
The strangest part is how the school has the authority, or thinks it has the authority, to ask/tell/order/suggest that he take tolerance training. |
[California] Neighbour constantly blocking my wheelchair access ramp
| Hello! I've been advised by a friend to come to this forum and ask about potential ways to resolve my issue.
A couple of months ago I moved in to a new house in California. It was specifically designed to accomodate someone who uses a wheelchair and I absolutely love it. Street access is achieved via a wheelchair ramp located between my and my neighbour's houses. The ramp is necessary (it goes over the gutter) because of a very peculiar gutter and kerb combination that's very wheelchair-unfriendly and potentially very dangerous for me to try and conquer by myself.
My problem is with my neighbours constantly blocking the wheelchair ramp with their cars. They are a large family that owns 5 cars and they can only fit 2 of them in their driveway, so the rest stays in the street (which is legal in the area). So far I've found the ramp blocked at least a dozen times. I've asked them on multiple occassions not to put their cars in front of the ramp, and they've been very apologetic every time, but they also keep doing it. It's especially aggravating when there's nobody home who can move an offending car for me, which means I'm stuck at my house. I find it degrading to be forced to go door to door to try and find somebody who'll help me down. On 2 occassions I've also had to call for help because I was blocked from getting back into my house.
Is there any way I can ensure that this will never happen again? I would rather avoid conflict with neighbours, but I feel like they're really trying my patience on this issue.
Any advice is appreciated.
| Contact the city. They can mark out a no parking spot, then you can have parking enforcement tow if the continue to park there.Answer #2: The section of the law that you're looking for is [California Vehicle Code Section 22500(l)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=22500), which states:
> No person shall stop, park, or leave standing any vehicle whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or official traffic control device, in any of the following places:
> ...
> (l) In front of or upon that portion of a curb that has been cut down, lowered, or constructed to provide wheelchair accessibility to the sidewalk.
It doesn't have to be set aside as a no-parking zone or for handicapped parking. It's presence, especially if marked (does it have the blue lines around the edge?) is enough to make it illegal to park in front of.Answer #3: Document every time it happens.
If they really cared, they would stop doing it. Looks like a call to the police might be useful.Answer #4: Contact your city and ask if they can designate the area at the end of the ramp a handicap space. If somebody parks there, call the police and they'll tow. Should only take one or two times. |
Pennsylvania- Girlfriend took our dog for a walk on an abandoned road off leash and scratched a lady on a bike.
| I was not present for this, and it just happened but a few hours ago.
We live in rural Pennsylvania in the mountains, and every Saturday my girlfriend takes our dog on a walk with her mother and aunt. They typically go to an old abandoned road in the middle of the woods that is no longer serviceable, and they let their dogs off leash to have a time playing with each other.
Today, however, there happened to be a lady on a bicycle with her family. Our dog (his father was an aussie, and mother was a shepherd mix of some kind), is completely friendly with people, can be a bit obnoxious with his playfulness, but has never shown any signs of aggression. But, like a lot of dogs, is completely confused by people on bikes. When he notices this family riding bikes, he gives chase, and approached the woman, and he apparently throws up his front paws, and as he does this the lady extends her arms to shoo him off, but ends up sustaining a scratch on her arm, by either his paw, or by grazing his upper teeth. He immediately stops at this point, my girlfriend puts him back on the leash and he just tries to pander for free pets, but being that they feel threatened by his presence, lays down as my girlfriend apologizes.
At this point the lady is freaking out over our dog, but the husband maintains his cool. He tried to meet her halfway by asking us to send a picture of his shot records, and if he is up to date, all is forgiven. At that point I received the text with the instructions, took a picture of his shot records to verify that he was up to date. They had already left, but gave her a cell number to text it to.
Two hours later my girlfriend receives a text from the lady saying she is filing a police report, and going to urgent care to clean her wound. She received a call from the state police who took her information for the dog warden, who only operates mon-fri, so he can call my girlfriend Monday to conduct their investigation, I suppose and give her a citation for having our dog off leash. So now we are freaking out, because we are unsure of the cost, but most importantly, of what will happen to our furry dude.
Our dog, even though me and my girlfriend share responsibilities, have him registered under my name alone, and I have recently bought my first home, and am also nervous if my homeowner's insurance will be effected by this.
I need advice.
Thanks everyone!
| The lady on the bike did everything correctly. She was injured by an off-leash dog in public, and that's why dog wardens exist. If this is the first offence, you will probably get off with a warning, and please, please don't walk your dog without a leash again. They may not be lenient if this happens again.
You're liable for all out-of-pocket expenses related to the injury (ER visit deductible or bill). I'm not sure if your homeowners insurance would cover something like this, you can look at your policy. However, you can probably circumvent insurance and pay straight.
The family seems pretty reasonable, and they did nothing wrong. They just wanted to make sure the dog is healthy (hence, proof of shots), and that there won't be lasting damage (hence, ER visit).
Don't walk your dog without a leash again unless in a place that allows this (your property or dog park usually). |
I have a quick canadian legal question before I pull the trigger.
| OK so long story short I got screwed with a 225 dollar ticket, which needs to be paid to get my license back, I'm going to pay them In nickles. Pennies are out so I figure why not nickles, it's legal tender and yes I'm letting them roll it. What's my worst case scenario , they call the rcmp then what? I'm sticking g to my roots and not leaving until they accept it. Thanks. Also plan on having good old recorder on for you fine folks.
| Actually, $225 in nickels is not legal tender and they don't have to accept it.
The Currency Act, s. 8(2) says:
A payment in coins ... is a legal tender for no more than the following amounts for the following denominations of coins: ... (d) five dollars if the denomination is five cents; ...
Source: http://laws-lois.justice.gc.ca/eng/acts/c-52/page-1.html
Worst case scenario? They tell you to leave the building, you don't get your licence back, and maybe you get arrested. |
My gf stabbed me in the back of my thigh, cutting deep, resulting in me being carried to the hospital. She is charged with aggravated assault and possession of a knife during a crime. I do not want to press charges, and want her bailed out. How much do you think bail would be for this case?
| I do not want her to be in jail. She stabbed me because she thought I was going to see another woman. She has it all wrong.
Topic:
Personal Injury
| Your girlfriend is a violent and abusive person. She should face consequences for her actions, regardless of whether or not you believe so.
No one can really say how much bailing her out would cost until an amount is determined by a judge. Answer #2: You're exhibiting what is unfortunately all too common behavior from victims of domestic violence. She belongs in jail, and you can't do anything about that. You don't have to cooperate, but they likely have all the evidence you need, and don't require your help to prosecute her. You should end your relationship with this person immediately. There is no excuse for what she did. |
Is it appropriate to ask HR the specifics of a pre employment drug test.
| Iowa. Been offered a job contingent on a drug test. Is it ok to ask HR for the number of panels on the test. 5,8 or 10.
| You can, and that will immediately trigger warning signs with themAnswer #2: Sure, you can ask if you want to. Nothing stopping you.
That will likely disqualify you from further consideration, and you'd have no recourse for that.Answer #3: You can, and they're likely to DQ you. Unless you're on something like prescription pain meds, the question will immediately raise red flags. |
Arrested, held 72 hours and released, then arrested again a few hours later.
| In my state (Michigan) we can only be held 72 hours without charges. I was released, then an officer arrested me a few hours later with a warrant.
I was told that the jail wasnt supposed to let me go and that the paperwork was just left on someones desk instead of making it to the jailhouse.
I dont understand the situation. I was told when i was let out that i would just get a court date in the mail and now im under bond restrictions because the prosecuting attorney forgot to send the paperwork over.
| They released you because they didn't have the paperwork. They then had paperwork allowing them to hold you so they picked you back up.
What is your question?Answer #2:
>we can only be held 72 hours without charges. I was released, then an officer arrested me a few hours later with a warrant.
They held you for the 72 hours and collected the evidence they needed for the arrest warrant. They might have not had everything they needed to get the warrant signed when the 72 hours ended, and then they got the warrant signed once you left and picked you up. |
Used a random dumpster....
| I was parked in some random parking lot waiting for my friend to get off of work. I had a small bag of trash in my car and I saw a dumpster. I threw the trash in the dumpster and as I was walking back to my car a lady came out screaming. I assume she was a bartender at the bar I was parked next to. She said that's a $500 fine and she wrote down my license plate. I didn't know what to do so I just apologized and drove away. Should I expect the police to be knocking on my door later this evening...?
EDIT:
This happened just now, on 6/3/2015, in Colorado
| They could. They might just mail you the ticket. |
How much trouble can I get into for walking up to someone on the street, pepper spraying him, and beating him within an inch of his life?
| I live in California.
I am 16. There is a guy that I really hate. I have pepper spray.
What will happen if I walk up to him on the street, pepper spray him, and beat him within an inch of his life?
I will break multiple bones, will send him to the hospital, and will make sure he doesn't get out any time soon.
| You would be charged with multiple counts, possibly attempted murder. At the very least, assault. Not liking a person is not an excuse to try to land yourself in jail. Do not do this, because the police could easily find this reddit account in your history and realize it is premeditated. Then your punishment will be even worse. |
Should my wife have Alimony?
| Fresh from university and just started my first job, I married a girl from US (I'm from Europe). She had 3 years in editing but had to quit her job and worked as a dance teacher in my town. After 8 years she met someone back home and wants to divorce and move back. She will have a hard time getting her career back now after 8 years away and I still have my job making 100k USD per year.
We have a total savings of 150000 USD. Her retirement is considerably lower than mine at an age of 37. How much of our savings is she entitled to and how much should I offer her? Does she have a case for Alimony? How does that work when I'm European and she is American? Does her moving in with her new boyfriend change anything?
edit: We live in Norway, she is from Indiana where she wants to move to now but used to work in Chicago, IL.
| I would highly recommend an attorney knowledgeable in international divorce law. |
I think I'm being paid more than I should be...
| I'm supposed to be paid $3000 for every 80 hours, which comes out to my expected hourly rate of $37.50. But I'm noticing on my paychecks that I am getting 86.67 hours per 2 weeks at that $37.50 rate so I am paid $3250 every pay period.
It was never discussed that I should be working more than 40 hours a week, and I just noticed that this has been happening since I started with the company more than a year ago. Can I pretend that I never noticed this and continue getting paid more? Can the company ever wise up and reclaim the money they gave me?
| Are you maybe getting paid 2 times a month instead of every other week? I'm on salary paid twice a month (24 paychecks a year) and every paycheck shows 86.67 because that is 52 \* 40 / 24. This is pretty standard for semi-monthly pay periods.
​
Edited to add an example using your numbers. $3000 for 80 hours is essentially $78,000 per year (assuming no unpaid time off). If paid bi-weekly then that is $3000 per pay period. If paid semi-monthly that is $3250 per paycheck, but you receive 2 fewer checks per year leaving you with the same annual earnings of $78,000 |
[OH] I was just fired on suspicious terms after I reported harassment/personal property damage in the workplace. What can I do?
| I (used to as of this morning) work at a local government road crew for summer help as a flagger. Yesterday, to mess with me, I had people's ice water dumped on me several times, which I was already upset about, but one of these instances, water got on my phone and tripped the damage stickers. Since I'm leasing my phone (it needs turned in to Sprint in about a week), they will require me to pay a $200 deposit since my phone has water damage, which I can't afford since the money I was earning is going right into my college fund. The guy who doused my phone was summer help like me, on the lowest rung of the crew's hierarchy.
I confidentially reported this to the head honcho at the end of the work day, who has never been a nice person since day one. He then made it a public issue, getting every employee involved in my personal business. The foremen plucked the water-chucker out of the yard (where every employee was present) and had both of us tell our versions of the story. I was told to go home, and the issue would be dealt with in the morning.
This morning, the head honcho had the entire crew I was with yesterday defend themselves/tell what they thought of the situation. They told us that this was a harassment free workplace and that horseplay was grounds for dismissal. Head honcho explains that the damage to my phone is out of their hands, and should be dealt with privately between me and the water-chucker. He then tells the water-chucker to clock out, not come back for the rest of the year, but if he wants to help next summer, that is fine. Note that he was quitting for the summer on Thursday anyways, since he has to leave for college.
Everybody else leaves, and it is just me and the head honcho. He told me: "this is your second summer here, and I expected you to understand the ins and outs of this place. That being said, we've had operators complain about *you* in particular, which I've let slide before. This is now the third incident in which an operator has complained about your behavior, which I cannot have in this workplace. He is a number four, so when the highest paid person and highest person in charge besides me or the foremen has a problem with you, it is serious business. So *you* may clock out, and not come back for the rest of the year. We don't want you back for next summer either."
I was planning on working until the 24th, since I need the money to get through school this year.
First off, I'm a quiet kid. I've never been unruly or obnoxious, and I always did my job as I was told and never got in the way of anybody else. Everybody also pick on/screws with everybody at this job, which I've really only participated in once, since I was getting destroyed by the entire crew, so I fired back a jokingly witty remark in which even the receiver of my failed comedy laughed and said was a good one (this was also in June). In fact, not a single person in the entire place has said that they had a problem with me. Everybody liked me because I did my work, paid attention, and didn't get into other people's business. If anyone ever had a problem with me, I had no idea. I doubt it was true anyways, because gossip spreads like wildfire at this place.
I'm just completely dumbfounded. Why did *I* get fired when I was the offended party? If I was such a problem to the job before, why wasn't that brought to attention sooner? Is there something I can do about my phone?
TL;DR Phone was damaged due to someone else's horseplay. After reporting this harassment, I was fired on confusing terms.
EDIT: Thanks for the responses. I have no means of contacting the guy who got my phone wet. I don't even know his name, I had only worked with him two days and they just called him "Red" because of his hair color.
| You can generally be fired for just about any reason- including an unfair one. Your recourse for the phone is to contact the person who dunked water on you/damaged it and ask them to cover your costs.
Since you're probably not getting a reference from this position, you might consider reaching out to the 'head honcho's boss and complain to him/her about head honcho's behavior. Answer #2: First, your phone isn't required for your job, so they aren't responsible for it being damages. You can sue the person that threw water on your for the value of the damage.
Next, you're in an at-will state. They can fire you for any non descriminatory reason. File for unemployment and appeal when denied. |
After informing a civil process server that a person doesn't live here, they kept insisting they did and left the documents anyways. Courts are closed all weekend. What do I do to fix this error?
| Ignore them. That process server should lose his license though, that's awful. |
|
[CANADA] Employer sent out a memo asking all employees to no longer eat at their desks out of respect for the Muslim employees who are fasting for religious holiday. This rule did not apply previously. Are they allowed to temporarily change this rule because of a Religion not everyone follows?
| Previously we were always allowed to eat at our desks, and have food at our desks. But for the month of Ramadan, they are asking us to be respectful and not eat at our desks, and limit our eating to the kitchen. This is pretty impossible since our kitchen has no tables or chairs, and barely fits more than 5 people at a time.
Personally I don't care, but growing up around many devout and practicing Muslims \(among other religions with dietary restrictions\), this has NEVER been an expectation. Seems like its unfair to enforce a rule for the entire company, based on solely one religion.
| Since they are asking you, it seems like you still have the choice to eat at your desk. How are they enforcing this? Are they giving you the impression that this is really a requirement? If so, you should take your concerns about break room space to HR or whoever in your company is making this request. Answer #2: > Seems like its unfair to enforce a rule for the entire company, based on solely one religion.
I agree, it is unfair. At my last job half the people there were Iranians and a few of them fasted. They didn't say anything to other people though, because they knew it was their *choice*.
Only caveat is, if you're a dick about it and you work in an at-will state...... keep that in mind.Answer #3: Hot damn Reddit gets stupid when religion gets involved.
You're employer is allowed to ask, but can not punish you for not complying.
In Canada religious accommodation does not mean giving the exact same treatment for every religion. Hence Sikhs being able to motorbike with just turbans. |
[Cali] Can you report a corrupted lawyer?
| Been helping my friend with his roommate situation. His awful roommate D is selling meth in her room while her lawyer is trying to help her to not pay rent. She doesn't have the money to afford a lawyer since she's behind on her rent for 5 months. The only way she's paying him for his service is with meth, sex, or both. Is there a way to report the lawyer since I'm pretty sure that's illegal for payment.
| You can report the lawyer, but you have no proof of any wrongdoing. Your feeling is not proof. |
[TN] Buddy bought a foreclosed house. Bank-hired mowers want to bill us for work done after closing.
| Hi all,
A buddy of mine bought a foreclosed house to renovate. They closed last Friday. He had the yard mowed that Friday by a close friend. When I showed up to work today, two people were loading up a mower and taking pictures of the house. I asked them what they were doing, and they said they mowed the yard. I asked, "Did [Buddy] hire you?" and they replied the bank did. I told them that the house had closed last Friday, and they replied they'd be sending us an invoice. I told them that since we didn't hire their services and since they were working on a house that the bank no longer owned (which had its grass cut last Friday), we wouldn't be paying and they'd need to take it up with the bank. They agreed the grass was short and didn't quite need mowing, but said we'd still be hearing from them soon about payment and drove off. If we get an invoice, can we tell them to pound sand? Thanks in advance.
| Tell your friend to tell those landscapers to kiss both your asses. Friend has no contract with them, never offered or accepted anything with them, and thus owes them zero consideration. They can sue the bank that owned the house and failed to inform them that it had sold if they want. |
Victim of Hit and Run while Cycling
| I was recently the victim of a hit & run while commuting home from work via bicycle around 5.00 pm. I was taking up the my entire lane on a two lane road (since there was no bike path) and as I was crossing the intersection, a white SUV pulled an abrupt left turn in front of me, causing an unavoidable collision. The driver immediately fled the scene. Someone called 911 and a police report was filed on my behalf. I have an eye witness statement of the incident, as well as security cam footage (although it isn't good enough to identify the car).
I don't remember the incident itself, but do recall the SUV taking a sharp turn 5-10 feet in front of me. I was knocked unconscious and was transported to a nearby hospital and was eventually diagnosed with a fractured jaw (in two placed), 4 fractured ribs, and some smaller cuts on one hand. I was released from the hospital that same evening, approximately 5 hours later.
I've since had surgery to put my jaw back together. This involved the surgeon setting my jaw with titanium plates, then installing arch bars. Recovery for my ribs is expected to take 6-8 weeks, and my jaw 4-6 weeks, during which time I'm only able to eat liquids & blenderized food.
Luckily I have an Aetna health insurance policy through my employer, as well as uninsured motorist bodily injury ($50,000/$100,000), uninsured motorist property damage ($50,000) , and Medical Payments ($5,000) through Geico. I should also mention that I am insured and this accident happened in Tennessee.
Aetna first:
So far no claims have been denied by my health insurance (only an in-patient stay the ER doctor requested, but then decided was unnecessary). The hospital billed my insurance \~ $3,000 for the ER visit (an itemized bill from the hospital put the visit at $39,500). They were also billed $41,500 for my surgery. My plan details are $750 deductible, 80/20 split up to $4,000, then 100% coverage. According to my policy, Aetna also has subrogation rights to any settlement.
Geico claims:
I have contacted Geico, and filed a claim. As mentioned, I have medical payments of $5,000 and an uninsured motorist bodily injury of $50,000/$100,000. I've asked the adjuster, and according to my policy, uninsured motorist property damage only covers the insured automobile (so my bicycle in ineligible).
Also forgot to mention that I am using vacation days for FMLA leave as required by employer.
Sorry for the long bit, but I figured details were important. On to the questions:
a. **How much should I expect in a settlement?** (Medical expenses alone are almost $50,000)
b. **How does dealing with Aetna's subrogation rights work?** (I understand they can only collect what they actually payed, but let's pretend I get a settlement for $40,000. Could they go after me personally for the remaining $4,500, or is their claim limited by the size of the settlement?)
c. **I've already talked to some lawyers, but have no signed one on yet. How would contingency fees impact the distribution of the settlement?** (Similar question to b. If the settlement is $30,000 and the lawyer takes 1/3, can Aetna only make a claim for that remaining $20,000?)
d. **What are the differences between subrogations and liens?** One lawyer I talked to has it spelled out that they would help me negotiate a reduction of Aetna's claim, but that there would be separate fees if legal action is required to negotiate any liens claimed.
e. **How do lost wages claims work when I'm on FMLA, but still getting paid since I'm using vacation days?**
f. **Has any (non-lawyer) successfully settled something like this on their own?**
g. **Am I in over my head and should I just hired a lawyer?**
Thanks everyone!
| Let's start with your last question: yes, you should probably get an attorney for this. In fact, all of these questions are great questions to ask the various attorneys you are interviewing with.
|
[Tax Law][VA/IL] My father withdrew from my UTMA account after I turned 18. I only know about this after getting audited by the IRS
| The account was set up IL, I currently live in VA. Was it illegal for him to withdraw from the account after I turned 19 without my consent? I believe he used the money to pay off my student loans, but I'm not certain. Speaking with him is not possible.
| It appears from [this](http://www.finaid.org/savings/ageofmajority.phtml) source that the age of termination in Illinois for UTMAs is 21. If he is the custodian of the account, then it's probably ok for him to do that. |
Witness to incident that was unrelated to me but doing something unrelated but illegal in and of itself. If it goes to criminal court should I seek advice from a local attorney or am I being paranoid?
| As stated in headline I'm paranoid, so not going to answer anything about what I witnessed, this is to protect my relative anonymity. I will only state the current charge against John Doe is "attempted murder" but no other information about the incident itself.
The crime committed by me was "smoking the reefers", which I happened around 15 minutes before the alleged crime. I'm not worried about going to jail for this, I just figure if it makes it to court a half decent defense lawyer would want to call into question things I witnessed due to being inebriated, which would really just be a semi public embarrassment I guess.. Anyways, it was only a mid day bowl, not a Snoop style session, I'm 100% confident I was alert and fully functioning after the initial adrenaline rush ;)
So I know I'm not in legal jeopardy, but if I get a subpoena my current thinking is to have a consult with a local attorney and show them the written statement I gave and lay out the rest of the facts and get their advice. Unless of course I am just overthinking this whole thing.
So with the assumption I do want to seek advice, what is the best way to go about finding a decent attorney and having a discussion with them about the facts. My only attempt at seeking legal advice was for an unrelated medical matter and I was not satisfied with those interactions. My desire is to just pay some fee and get advice, face to face ideally, any tips on what exactly I should say when asking for the consultation? I'm just not sure of the norms and don't want to demand a face to face if that is not common practice in these types of matters.
General area is south east United States, outside of a moderately sized city (<100k people).
| So you can't lie in court, if you're asked by either the prosecution or defense what substances you used that night you will need to answer in the affirmative that marijuana was involved. I do suggest meeting with an attorney briefly to see if they have any input, but I don't know that there's much they can tell you to do. You don't want to blindside the DA with it during testimony, but if you're like "Oh by the way I was smoking pot at that exact time," beforehand then that information will get turned over and presented by the defense faster than you can blink.
A lot of criminal defense attorneys prosecuted first, so I would suggest using your state bar association's website to find names then google them to see if they have prosecuting experience. An attorney that's worked on both sides of the aisle is perfect for this. |
Can creditors seize your brokerage account? NYC
| I have two credit card debt default judgements against me from about 5 years ago.
Even though my credit is repaired now, I am concerned if those creditors can still use that default judgement to come after my brokerage account.
I have recently opened a brokerage account where I am attempting to do some stock trading and my concern is if those creditors from the past can use those judgements to try to seize and/or garnish my brokerage account and I end up losing all funds in it?
The judgements were issued in an NYC court.
Any input would be appreciated.
EDIT:
Also, how long are these judgements even valid for? Is there a time-frame after which they would not be allowed to enforce them? Thanks again for any input.
Topic:
Credit Debt Bankruptcy
| why don't you pay the money you owe instead of worrying about them not finding it? You have a judgement against you. You want to get this monkey off your back.Answer #2: Yes, if ANY third party (eg. a bank, a brokerage company, etcetera) is holding money that belongs to you, then a judgment creditor can garnish that third party and attach/take the funds that the third party is holding in your name and owes to you. I think it's generally harder to find someone's brokerage company than someone's bank, but if there is a LOT of money at stake, and if the judgment creditor is any good, then could find it... |
[Dallas, TX] Arby's Manager Punched Me In The Face, What Should I Do?
| Okay, so my friend and I go into an Arby's to get some food last night. Not going to lie, kinda short on cash so we don't order any drinks. Instead ask for a water cup when our food is ready, you know.
The Manager tells us in a real douchebag way that the water isn't working and no we can't have a water cup. It was like we were asking him anything outrage is just a cup. I ask for something else and he just continues to be way to concerned about his job.
I'm a server, I work in a restaurant, so I think this guy is crazy: one for being so rude, two he has to be able to supply us with something to drink.
We finish our meal and I decide it would be funny if I knock over a rather large stack of cups that are sitting on the counter. Oops ;-)
Now this is where it gets interesting. My friend and I proceed to the exit. There is a guy at the door, he is using the usual "fuck you, blah blah blah" verbal fighting stuff. We kinda laugh and continue walking towards the car.
Half way to the car I get clocked in the face from behind. The Manager ran out of the store with two other employees, punched me in the face, and the other employee shoved my friend to the ground. I got hit pretty good. This guy had a running start and I was completely blindsighted. I was down for a second. My friend jumped right up from being shoved, he saw me get whacked. So naturally he is defending me. I didn't really see that part, but I know he got him a few good times the guy ended up running in with blood all over his lip and shirt.
The other two guys are just talking s*** to me, surrounding me, trying to scare me. A man pulls up and breaks up the fight.
We go straight home. I have a huge fat lip, and my jaw wont even close right, and my teeth hurt really bad. Friend's shirt is ripped up blood all over it.
We talk about it for a while, figure we should call the cops so we do. Arby's had called the cops two. Exaggerated the story told them we threw stuff and fought them first, whatever, you know.
We told the cops our story..but, What do we do Now?
| > What do we do Now?
Learn how to behave like an adult?
Otherwise, nothing. You wait to find out if anyone is being charged. If it's you, get a lawyer. If it's not, then nothing. Answer #2: The is nothing more you can do right now. It's being investigated, and something tells me your version of the story isn't the entire story. |
Landlord withholding security deposit after we purchased the home.
| VA
We purchased the home we were renting from our landlord.
The mortgage company sent them a legal document to sign and confirm that we were responsible tenants who paid rent on time. He signed the document and stated that we paid on time, every time.
He then withheld the security deposit return at closing because of the accumulated late fees for late rent payments from us. Our realtor stated that he could not do anything for us because it was a separate lease agreement and not in the contract of the sale.
I have yet to receive documentation of the dates that we were late but, yes, we were late several times.
The landlord states that they only signed the document to help us get approved for the mortgage and then threatened to call the mortgage company back because it's fraud then we'd be without a mortgage.
Is that true and is the signed verification of rent document enough to hold up in court to get the deposit back?
Topic:
Landlord Tenant Housing
| Did he give you a reason as to why he is holding it? |
Iowa - student loan scam? National Secure Processing sold to Mission Hills federal?
| My bf took out student loans a couple years ago through dept of education, which then went to Navient. He was then contacted by someone at national secure processing about lowering his payments. He signed with them and his student loans have ballooned back up because the payments are not big enough to even pay for interest. He got an email about his contract being sold to Mission Hills Federal but I'm pretty sure it's the same company, doing the same thing. Since he never signed anything with Mission Hills, can he just default back to paying through Navient? His Navient account showed the loans all together in 2 lump instead of each individual loan. We have tried contacting dept of education Iowa branch and haven't had any luck. Does anyone else know how we can stop dealing with this scam of a company?
| ERROR: type should be string, got " https://www.nerdwallet.com/blog/loans/student-loans/watch-list-national-secure-processing/\n\nYes, it's a scam document processing company that has been sued by the Feds and lost. Probably why they now switched to a new name. \n\nCall them up cancel all of your contracts with them. Call the CFPB and file a complaint against the scam companies he was paying to. He can still pay straight to Navient who still owns his loans. Just make sure the scam company doesn't take anymore payments from him or his accounts. " |
My wife can't Bounce. WA state.
| I'm seeking some advice about what to do about discriminatory hiring practices at the bar where I am head of security.
Basically, I've been head of security at this bar for almost two years.
My General Manager (GM) asked me to find a replacement for my regular backup bouncer (short notice, one shift, two nights in advance).
After sleeping on it, I brought the idea of having my wife (We'll call her A) do it to the table, She has security experience, and with how much I talk shop at home to/with her, she knows how to check ID's as well as, if not better than, my regular backup doorman.
Cue conversation with GM,
"I'd rather have a guy, personally."
"I'll have to ask (the Bar's owner)"
"I know he won't go for it because of the what if factor"
"He said no about A, if we can't find a guy then it will just be you, Sorry like I said he is worried about fights if she was working he doesn't want her to get hurt."
I have the entire conversation saved.
After getting that last text message, I started asking around some guys I knew, and one of them agreed to help me out. Called him to let him know I'd found a (Male, now) replacement, whereupon he agreed immediately.
This Guy has **ZERO** security experience.
He didn't ask any questions.
My wife, obviously, is distraught over this. I'm wondering if there are any avenues we could pursue.
Even just advice in general would be greatly appreciated.
| Sex in some cases is a bona fide occupational criteria. For instance, an attendant in the men's washroom may be limited to male applicants, and that isn't against the law. Hooters can hire only female waitstaff, and that isn't either.
For a bouncer at a bar, it might well be reasonable that being, for example, a 6'2" or larger person of the male persuasion might be a genuine occupational criterion.
I personally would hire a trained security person over an untrained one no matter their other qualities, because an untrained security person that does something stupid is a HUGE FUCKING LIABILITY, but hey, what do I know, I'm no head of security.
Also, I know you wanted to do the right thing, but don't hire relatives unless you own the company. Either people will think it's nepotism or it will turn messy in some way.
I know none of these are exact answers to your question, just my thoughts.
|
Is it possible to voluntarily relinquish a child to foster care? in AL
| I am hoping to send my 6 year old to live with a relative because I can't take care of him right now. When I explain to the relative, I want to tell them that if they don't take child in, I will put him in foster care. Can I do that, or it doesn't work that way and it would be an empty threat?
| Do not give this person shit overnight, folks. A parent doesn't ask a question like this unless there's something very, very wrong. Answer #2: It doesn't work that way, not at all. Foster care is for children who are alleged by the state to have been abused or neglected or are in danger of abuse or neglect. CPS or your area's equivalent agency gets involved, and court proceedings are initiated to determine if the child should be returned to the parents, placed in a permanent guardianship, or if parental rights should be terminated and the child freed for adoption. |
Rules for child custody/visitation while married?
| My spouse is in the military and was caught for infidelity and doing drugs. The spouse is now getting kicked out with possible jail time. Spouse is in California, I moved to Texas. I have a signed memo that states the spouse is aware of our whereabouts. We have a child together and we made a Skyping schedule of 3 calls per week. Out of the blue the spouse wants to limit calls to once per week. The spouse is very inconsistent with the calls and there is never any warning if they aren’t able to make the call. Even after asking for once per week the spouse did not call or text to see our child for over 10 days. The spouse asked to skype now but I don’t feel inclined to answer because it does not seem fair to our child that he is not consistent. The spouse has also done drugs while on a Skype call with our child after which I decided to inform his leadership.
Am I in the wrong for seemingly withholding access to our child? I have not filed for divorce yet due to residency requirements that I must fulfill. I intend to fight for full custody with supervised visitation but I fear that not responding to the spouse will be to my detriment.
Topic:
Custody Divorce and Family
| Blocking access to the child will almost always backfire. You don't have to tell your child if dad is supposed to call today. That way if dad doesnt call on schedule, the child wont be disappointed. Blocking access because you really believe the parent is harming the child should be approached by filing in court. |
I created a piece of tech at a company. I took it with me to my next company but told them they only had a license.
| [deleted]
| If you invented a thing using company resources on company time then the company probably owns it. If you weren't using clocked-in time or work resources and the invention has nothing to do with the industry that your former employer was in then you're probably in the clear.
Either way, we really are only guessing. You'll probably going to have to hire a local lawyer who specializes in intellectual property.Answer #2: There's not nearly enough detail in that post to give you any sort of advice.
Who was the license with you or the originating company? Did you have permission to take that piece of tech or was it company property? |
[WA state] House next door (abandoned) has a structure attached to my garage. What can I do legally?
| I live in Washington State. The house next door to mine is abandoned. I didn't know it was abandoned when I moved in, but I discovered it shortly after my closing date.
The woman who lived there died and didn't leave a will, and no family member is claiming the house. In case that's relevant that "nobody" really owns it at the moment.
At any rate, I noticed today that the house next door has a structure attached to the back wall of my garage.
In the picture (link below), my garage is the structure on the right. You can see a metal fence (middle of the image) which denotes the property line. And everything to the left of the fence is the next door property.
As you can see, there's a wooden structure going over the property line and nailed into the wall of my garage.
Am I within my rights to enter the abandoned property and use a crowbar to pry off this wooden structure from my garage and leave it in the abandoned yard? Or could I possibly get in legal trouble for doing this without going through some proper procedure?
Thanks for any advice!
http://imgur.com/k3u3FQQ
| Generally this would fall under the city. It would not matter who owns the house as the structure is clearly crossing property lines and is on your property.
What city do you live in? I ask because generally this comes down to the city to decide. Not the state. If you are living in the boonies in the county then it would fall under them as well.
But generally in this case you would file some kind of grievance with the city stating that the structure is intruding on your property. The owner of the home has X number of days to respond or have it ruled in your favor. (Quite an easy win since the house is abandoned.)
But since no one owns that home, it will likely fall on you to pay for the expenses because the city/county won't and you can't find a legitimate owner. |
i want my brother out of the house.
| so i’m a 13 year old living in hawaii, i know i’m probably not old enough to be on reddit but i really REALLY need advice. i live with my mom and half brother, and now my moms boyfriend. so to start off this story, let’s go a few years back to when my brother dropped out of high school. he had really nice friends who i was close with. my brother, who i will call kevin had always joked around about doing drugs, and his friends honestly all looked like stoners. he was addicted to reddit and playing osu, LoL. eventually, he went on an acid trip and i had to call the cops. he had 6 tabs of acid and he was sweating like crazy, and that’s where this all began.
fast forward a few months or so, we had to move after we got evicted from our apartment after that acid trip. we forced him to move out because my moms boyfriend didn’t like him and how he treated me and my mother. he found a new apartment and had a job, although my mom would constantly have to help him pay with rent, etc. everything was normal, until the elderly family living there would call my mom, constantly telling her he would sweat a lot, never come out of his room, and he heard voices. of course this was concerning, so my mom tried to help him. etc etc, we found out he was doing drugs. i’m going to skip a lot of details, but fast forward to now. he lives with us in our new home with my moms boyfriend. he constantly talks to himself. we’ve even seen him do drugs in the house, and i had to call the police AGAIN after he had been high and carrying a knife around the house. not gonna lie, i was fucking terrified. now, he’s starting to flick my mom, but it’s getting to an intolerable point where he’s actually starting to hurt her. i hate it. i really would like advice to getting him out of the house or anything, if he could apply for SSI or something. he’s autistic and was incorrectly diagnosed with ADHD previously. sorry i know this was a mess and i’m just scrambling trying to help him and get him out. he’s very paranoid about everything and is constantly asking questions like where forms are going to go, he’s gonna get doxxed, etc. please help
TLDR; brother is doing drugs and i want him out of the house because he’s getting progressively more violent.
| Keep calling the police when he threatens or hurts anyone. You can also call 1-888-380-3088 to get in touch with HI Child Welfare Services. They may be able to intervene to help you and your parents. |
[US] How do those "Not responsible for damage" signs on gates or dump trucks factor in when the person's vehicle gets damaged?
| Are they legally binding? Do they exempt the person from paying for the damage? I imagine the answer is no, so do they simply exist to discourage people from attempting to sue if they do get their vehicles damaged? How would it be presented in a case?
| > do they simply exist to discourage people from attempting to sue if they do get their vehicles damaged?
Pretty much. The signs have little, if any, legal meaning. They just put them up to try to convince people not to sue.
The only sign I could see having *some* value is something like "warning: keep back xxx feet"
Answer #2: The signs on trucks hold just as much legal weight as a sticker on your front bumper that says "Stay the hell out of my way. Not responsible for running your ass over." |
Illinois- I don't want to be held liable for damages roommate is causing. How do I protect myself?
| I rent a house with a guy who for the most part is pretty okay. He pays his part of the bills on time and we stay out of each others way. Even have some mutual friends and we all hang out often.
The problem lies in that he's often a careless and immature drunk. Prone to damaging or destroying things simply by virtue of his foolish recklessness while under the influence. He's broken several doors, ruined the lawn by doing burn outs with his dirt bike or parking his truck on it, not to mention making bonfires that are way too big and have killed a huge circle of grass. Hes put half a dozen holes in the wall (which he has patched up but you can tell in the right light. I worry that one day something bigger is gonna happen that he can't cover over with grass seed or paint. Or that when we move out we'll get slapped by some sort of damages fee.
So legal stuff: we came across this house by an old work acquaintance he had so we didn't have to put down a security deposit. Our contract is pretty bare bones, just specifying how much and when we pay, and what happens if we don't.
So if any fees for damages come along, how can I protect myself from being responsible to pay them. Or is my only recourse to hope that he's man enough to take responsibility and pay it himself?
Thanks
| If you are on the same lease, you are jointly and severally liable. This means the landlord can choose to go after one of you or both of you for any and all damages.
If the landlord successfully sues you for damage your roommate caused, you can in turn sue your roommate.
Or, you could move out and find a roommate who DOESN'T destroy stuff. |
Professor won’t let me make up my exam even though I have a valid medical reason
| Hello, I’m not sure if I have any recourse for this, but basically I was in the hospital for abdominal pain which turned out to be kidney stones and I wouldn’t be able to take an exam which I let the professor know ahead of time.
The professor refused to let me take the test under any circumstance. I went to the dean and the dean said he’s not allowed to do that as long as he has a drop 1 test grade policy. Unfortunately, on his syllabus it says no make up exams under any circumstances, which the dean also agreed was unfair. After a lot of back and forth the dean said I would be allowed to take the exam in her office the following morning.
Come the following morning today. The dean emails me saying that my professor wants to talk with her and that he would give me my exam himself and so I’m stuck waiting to take my test later which she told me to wait around campus.
Then finally, the dean emails me again and says that he still won’t let me take my test but I have two options.
1. I take a 0 on the first test but he changes the weight of 15% to 10% for the first exam and my other exams worth 17.5% each.
2. She will let me withdraw from the class even though it pass the deadline and get a W and take it next semester.
Are these really my only two options? Is there any sort of recourse that I can have legally under the law?
| This is what you work out with the dean or ombudsman. There is no legal remedy here. Answer #2: > Are these really my only two options?
Seemingly.
> Is there any sort of recourse that I can have legally under the law?
A court isn't going to get involved with your grades. |
Can CPS take my girlfriends and I baby away because she is a sex worker?
| My girlfriend is pregnant and me and her record our sex videos and she takes nude pics and sell them online on a site called only fans. It is a site where people sell content that is taxed. I have a full time job. She is not a prostitute and has never done that in her life. Her family have completely degraded her for it and we are expecting and they know we are expecting. We are scared that they will try to get CPS involved in our lives because of the line of work she is in. When the baby is born we plan on not doing it around him and keeping it private. Can CPS take my baby away because of what my girlfriends job is? Even if we don’t do it around him, live in a nice place, and he’s not in any type of danger or harm? We live in Houston, Texas
| No one will care or even ask at the medical facilities. If they ask she should just say she isn't employed or chooses not to answer.
But as long as no one is coming over (lots of strangers) and obviously the child isn't involved, no one cares what she does for a living |
My Girlfriends parents wont let her move out with her cat. Do we have any options?
| I'm fairly certain that this isn't going to end with the answer I would like, but might as well see. The situation is that my girlfriend desperately needs to get out of her parents house because of the mental abuse and torture they put her through. She's 22 and about to enter a semester of student teaching and can't afford to live under their scrutiny anymore. Today she found an apartment with her friend that she is seriously considering renting and as is tradition her parents blew their lids and in a last ditch effort to get the last punch/get her to stay are now saying she can't take her cat with her. Now the bad news is that none of the cat's paperwork is in her name so there appears to be no way of getting out with the cat and she won't leave without him. I guess I'm asking if there is any sort of action we can take to try and get the cat out of there? This is in Colorado
| How is it 'her' cat? Did she buy it, pay for it, et cetera?
Pets are, legally speaking, property. If she chose to, she could sue them for the pet. The court would look at evidence, like testimony and payment records, to determine ownership. |
[ID] Should I submit a DMCA counter notification? DMCA notice and takedown procedures were used to remove social media photos due to claimed copyright infringement.
| Apologies for wall of text in advance. I design and make wallets. I have a small Instagram social media page where I post photos of the wallets that I make. A company representative of another much larger account on Instagram notified me that the wallets I had posted photos of were strikingly similar to a wallet that they have sold for the past 4 years and consequently reported my content as infringement on their copyright and all photos were removed by Instagram, as per DMCA.
I am faced with whether or not I should file a DMCA counter-notification. The description provided by the company to Instagram under what work was copyrighted was "Artwork I created." I was originally confident that I would not be in violation of any intellectual property infringements on a wallet design, however with the work now being, as per the company's description, "artwork" I am less confident.
I understand that the counter-notice requires you to state, under penalty of perjury, that you have a good faith belief that your material was wrongly removed. Also understand that if the complaining party has a good infringement claim, sending a counter-notice may trigger a lawsuit. That said, I am unsure if the copyright owners are simply sending a bogus takedown notices to simply intimidate me.
That being said - is there any advice as to whether it is worthwhile to file a counter-notification? I am wary of the ramifications if I am found in the wrong ("If the defendant is found liable for copyright infringement, the copyright holder will be entitled to recover his or her actual damages (e.g., lost profits) or, if certain conditions are met, statutory damages between $750 to $30,000 per infringement. If the plaintiff can prove the infringement was willful, the statutory damages may be as high as $150,000 per infringement."). Thank you - from Idaho.
| Wait, so a company took down pictures you took with your camera because the subject matter of the pictures was similar to their wallets? Yeah, that’s a garbage claim.
It is true that under certain circumstances clothing, jewelry, etc. can receive copyright protection - that analysis is extremely difficult. A case about cheerleader uniforms went up to the Supreme Court last year. It is most likely to apply if your wallets and theirs have extremely similar prints or decorative patterns.
A counter-notice is basically telling the company who sent you the notice, fuck you, sue me. Two things to note - first it’s possible that they would take you up on the offer (but given what you’ve described here, it doesn’t sound like they would have a great case.). Second, they could sue you even without you filing a counter notice.
Best guess is that their pissed about the competition and are trying to scare you off and won’t react to a counter-notification, but that’s your decision to make, and I’m not your lawyer. |
If a wife attacks her husband, who is a police officer, would she be charged with domestic violence, assault on an officer, or both?
| The Officer would need to be assaulted during a period in which the officer was serving in his official capacity as an officer for an AoF charge.
Elements of assault would also need to be present.Answer #2: There's at least a 40% chance it would be self defense. |
|
How to stop Abusive School teacher, husband, father and dog owner.
| {US, CA} My mother's husband has long been known as verbally abusive but he recently hit me in the face for intervening in his rhetoric. I want to know if I can prevent this individual from ever working with children again.
| Dog Law specialist here.
I need more information on the dog, please. |
[CALIFORNIA, USA] - Found out 6 months ago that my father liquidated my shares in Microsoft that I invested into in 1998 when I was a minor. Was with ETRADE and it was a custodial account with his. He was margin called, and never copped to it until pressed. I am 33 now.
| [California]
As the title states, when I was 13, I had a Bar Mitzvah and us tribesman and women typically get cash gifts for all occasions. I got somewhere in the $10,000 range. In my limited wisdom, I chose to invest about $8200 in MSFT and asked my dad to open an account with me so I could do so. I remember pretty specific things because I was so proud of myself. I purchased 100 shares of MSFT at 81 1/16 in the beginning of February, 1998 as I had read that it was about to do a 2 for 1 split and thought that was cool ( I was 13 mind you so I wasn't an advanced investor hah,). It has since split 2 additional times since then. For a total of 3 splits, 2 for 1 each time, making the amount of shares I should have in my possession at 800 shares of MSFT, trading at the time of this posting around $94.11 = $75,288.
He avoided ever explaining what happened, and said the shares were still there. I am now 33 years old with 2 kids, and right before my now 1 year old was born, I started to inquire as to how we can get those transferred over to me, so that I can make some investments for my kids. He eventually copped to that he "sold them" to cover all the expenses he incurred while raising me haha. He has come out to be a real scumbag, we found out he "Allegedly" sexually molested my 4 year old daughter as well, but thats a different story.
Before cutting contact with this man, I had seen a statement on his desk in his home office, when we were visiting with the kids, that showed that it was in fact a margin call, and he was embarrassed to own up to it. I can care less. I need to start setting things in motion to hold this man to account.
I understand civil statute of limitations is 2 years, and that technically its from the date that the plaintiff became aware of the damages, so I know I can sue him for this in civil court. I've already consulted an attorney friend about the civil side, and we are going to bring civil suit against him for this as well as sexual battery for my daughter, But, I want this man to also be held to account criminally (which I will post a separate posting on any advice about the sexual assault he committed.)
This is illegal, I know that, but don't really know where to go, and how to go about it. FINRA? SEC? Its all unclear, because when I contacted ETRADE they said the account is still in his name as the custodian, and that they can't give me access to any statements etc, and it when I contacted the SEC they wanted details that I can't give without statements etc. Catch 22.
Any help would be awesome.
Thanks all.
| It’s the date you knew or should have known, arguably you should have known a long time ago, because you should have inquired 15 years ago when you turned 18. In any event, you will need to talk to an attorney about this given the potential issues with the statute of limitations.Answer #2: You already have an attorney, so 90% of this sub's purpose is taken care of.
If you're seeking criminal charges, you should file a police report. Depending on where exactly you/your father live, you can also speak with someone at a county attorney's, state attorney general's, or US attorney's office about charges.
You will have no control over whether charges are brought. Although you are a victim, criminal prosecutions are not brought for the victim. They represent the government punishing someone for breaking it's laws. The harm done to *you* is what the civil suit is for.
The best you can do is gather as much evidence/documents as you can (including written accounts of every interaction you had with your father about the money). You can hand this over to the police, and offer it to any government attorney you meet with.
In all honesty, the chance of criminal prosecution seems low. The *only* victim is well-off enough to bring civil claims, the conduct happened long ago, there is effectively zero risk that the accused will continue engaging in this behavior, and depending on how exactly the accounts were set up, your father may have done nothing illegal at all.
Best of luck. |
My manager will not allow me to work (Virginia)
| I work a part-time job that pays by the hour. Basically the way that I work is if there is enough business at the time to allow enough people to be on the clock and we have to meet certain quotas for how many people are on the clock at any given time.
Anyways to the point, the way we work is our managers will either call us in, or we receive a weekly schedule with our time we come in, and if needed we come in, and if not we get the day off. The thing is my manager will not tell me not to come in if not needed. So I make a ~30 minute drive, waste gas/time, arrive to work, and then he tells me to go home.
I've probably wasted over $200 in gas over the past few months from his negligence. The reason he also tells me he doesn't text/call me is he doesn't like to work with me. So basically my main question.. Is there any way I can get reimbursed for my wasted gas?
| Not unless you have a contract to be reimbursed for these expenses. You should find a job with more reliable hours and ideally closer to home. |
Child Support help. New spouse is in arrears. What are my responsibilities/requirements/rights?
| *Posting anonymously on behalf of someone less Reddit/computer literate. Their location is Nova Scotia, Canada.*
I am neither condoning nor condemning the behavior of the parties involved, merely seeking information to assist the 3rd party who may be unwittingly caught in the crossfire. (I have already advised them to contact a lawyer. Here hoping to find peace of mind for her, if possible, as well as any relevant advice.)
History:
Jack has children from a previous relationship and is in arrears of child support. He is now required to appear in court and submit documentation regarding his financial situation (Statement of Financial Information).
Jill (the ex) is the biological mother and custodial parent of the children.
Diane is the current spouse of Jack. She was aware of the existence of the children, but not the child support order. She has met and interacted with the children, but not as a parent. She has also not supported them financially to this point (I don't believe she qualifies under *in loco parentis*).
Diane does not believe she should be legally responsible for the children's support. She also does not believe she is obligated to provide her financial information under Section VI (spouse's income and assets) on Jack's Statement of Financial Information.
Diane fears that providing her information would result in harassment or orders taken against her finances.
Diane has been supporting Jack (as a "homemaker") for a couple of years. Jack only recently started working again.
Prior to Jack being served with papers, she was unaware of the situation. The children and their biological mother have been hateful and spiteful to her, so their relationship is best described as hostile.
She refuses to support the mother or children and will divorce and kick Jack out of the house before allowing that to happen. She is furious and stressed, as she was oblivious to any form of support order having existed.
From what I understand, divorce won't necessarily protect her.
The fact that she has not previously supported or acted as a parent to the children, may be her saving grace, but where does the burden of proof lie?
What should Diane do in this situation (other than contact a lawyer, which is in the works), and can she refuse to provide her financial information in the form for disclosure of her husband's income?
Anything I can give her would be appreciated, and thank you in advance for any replies. :)
| > What should Diane do in this situation (other than contact a lawyer, which is in the works),
Diane should contact a lawyer ASAP. There's really nothing "other than contact a lawyer" that she can or should do.
> can she refuse to provide her financial information in the form for disclosure of her husband's income?
If it is a request from the other party's lawyer, she can refuse. If it is an order from the court, she cannot.
Keep in mind, that Jack is required to submit his financial info. This will likely include his tax return. As a married person, Diane's net income is included on Jack's tax return (as his net income is included on hers). So there is no way she can keep that info private.
Edit: Also, I find it difficult to believe that Diane knew there was an ex-spouse and children, but didn't contemplate the possibility of child support. Canadian courts will not allow a divorce to occur without child support being worked out. |
Accused of creating a debit card in China
| So this morning, my dad was called by the Chinese embassy and was told that he made a debit card for someone for 3000$. In addition, the person had used his ID. And now, they are telling him to go to China, or something because he broke a law in which he did not. We are not sure what to do. Not sure how else to explain it but that's about it. We live in Canada.
| Scam.
https://www.reddit.com/r/Scams/comments/6o4pce/rscams_common_scams_master_post/
This is a variation on the Tax Call under the Phone scams section.
He is called by a scammer who is going to (sooner or later) ask for a payment to make it all go away (usually in the form of gift cards or a Western Union transfer).
Think about it - would a Chinese Embassy worker actually call a Canada resident and ask them to fly to China to turn themselves in?
Answer #2: Did they happen to ask for a payment to make this all go away? |
Gpa affecting my pay after 2 years of working
| Hi legal advice,
I am currently in talks for a new engineering job. I have been working in engineering for 2 years. I was originally quoted 56k per year during deliberations. I Have just found out that they will only pay 45k per year(which is 15k under the average starting pay for a straight-out-of-college engineer). their reasoning is my gpa wasn't the best in college. Is there something i can do legally? Is there a limitation on how long GPA can affect my pay?
I was already taking a pay cut(current 60kish) with promise of quick advancement that would bring me above my current pay within a year.
| Any company that cuts your salary offer by 20% because of a GPA is not a company you want to work for. Stay at your current job and continue to look for a company that won’t even mention the idea of a pointless college GPA. |
When to not follow a court order?
| I (31F) have an 11 year old son with a man who has had no contact with us for about 2 years and limited contact for the previous 9 years. About 4 years ago, after seeing his father was consistently unstable and making no efforts to be a parent, I filed for and was granted sole legal and physical custody of our son. A side not is my son and I have lived out of state from his father since he was about 6 months old. Part of the custody agreement allowed my sons father supervised visits which he only took advantage of on one occasion right after we finished with court. His father does pay his child support ($150 per month) fairly consistently but other than that there is no contact between us. The last few times my son saw his dad was when I made day trips to bring him to visit. Following the last visit my son basically decided he did not want to visit his dad anymore (for good reason).
As is fairly standard our custody agreement requires that either party provide a 60 day notice to the other party prior to moving. Well, I have been planning relocating out of state for sometime now and was just recently offered a position that I accepted in a state that is about an 8 hour drive further from his fathers home city. I do not have 60 days to give notice but am questioning if I should give notice at all. I know for a fact my sons father has moved at least twice since the court order was signed and never notified me. I’m really leaning toward not notifying at all and just keeping the move quite from the few people in my sons paternal family that I keep contact with. How dumb would this be? Given his absence and complete lack of give-a-shit I highly doubt my sons father really cares or even knows about the obligation to give notice but on the off chance he finds out and wants to cause me problems how easily could he use this against me? I’d rather not contact him as he can be quite volatile and basically blames me for his lack of a relationship with his son. But if giving notice will avoid major problems in the future I may be willing to consider it...
| You never get to ignore a court order. They're court orders, not court requests.
You follow the order. His violation of the order is of no consequence. |
(California) My SO and I are planning on staying at someone's apartment since they need to urgently move back to another state. How can I make sure they send me back the security deposit?
| Hi everyone, this is my first reddit post. My SO and I are planning on moving in to this lady's apartment as she must move out due to her dying mother. She will be moving back to Idaho, and we decided to live at this lady's place due to complications with the leasing office (applications, not qualifying for "Fair housing price" because she is low income and we make too much to qualify). We plan on paying her the 2.5 months of rent in advance as well as a $400 deposit incase damages incur. This is an apartment complex, and we will not be on the lease; only her. My question is, how can I make sure that she gives us back our deposit since she will be getting it in cash, and after we move out, the leasing office of will be the ones mailing her her original security deposit. Also, will having a written contract help? My only fear is that she could potentially do something to screw us over and the apartment complex could force us to move out, or she could potentially receive her check from the leasing office and refuse to send us back our $400 security deposit. Would any sort of written contract and receipts deter/prevent this? My SO and I have written a draft of a contract in case it might help. Thank you in advance!
| > due to complications with the leasing office (applications, not qualifying for "Fair housing price" because she is low income and we make too much to qualify
Don't do this. What you're doing is criminal fraud. Both you two and the lady on the lease will wind up in jail when they catch you. |
[CA] Retail manager transferred GF to different store cuz we were dating. Policy says only management and employee cant be dating. I'm not part of management. He threatens to fire her when I said Ill transfer and quit instead of her.
| (CA) Hello legaladvice, this happened a while ago, but I didn't really know much or how to handle this situation because im fairly young but after talking to some coworkers, ive been told to seek some legal advice about this.
I work in a retail store and my manager found out that me and my coworker have been dating, but the policy says that only management and employee are not allowed together so weve been pretty open about it and pretty much every coworker knew about this because everyone knows the policy( im not part of management). He calls me to the managers office at 8 in the morning(store opening) with 3 other assistant managers along side him and starts questioning me, asking me if me and my coworker are dating in which I respond yes we are, manager says we cant be doing that so he says he is going to transfer her, in which I return by saying no let her stay and ill quit because my friend is offering me a job, (little background story, am a fairly hard worker, and my managers knows that, so thats why from the start he wanted to transfer her). I tell him that ill quit today so she can stay and work, in which he retaliates that shes not doing a very good job, hes going to cut her hours or worst, Fire her. One of the assistant start adding to him saying "youll find another girlfriend" and manager also starts talking about his first year on the job, his wife hating hes not always home, some bullshit. I tell him that ill just quit so that she can stay, he then starts saying that if I need to take an hour lunch to take her to work or pick her up (our lunch is 30min) that its fine. I keep telling him that ill just quit because my friend really wants to hire me, he says ill get more hours here. I leave saying ill think about it, went back to work. He then calls my gf, and she comes the office holding backs tears for the whole 8 hour shift we had. ending is I stayed and she got transfered a week after. (if youre wondering what happen to my gf after being transfered, manager at the other store didnt liker her, she was scheduled to work on the days she cant, making her hated by the management over there, and was forced to quit because she could honestly work 1 day.
What actions can I take towards my manager? Can I sue him?
This was long in the past(bout a year ago) but I still think about what I could have done if I knew what to do. and my coworkers saying I should do something about it.
TLDR: mangers finds out im dating coworkers, wants to transfer her, I say Ill quit, he says no hell just fire her if I do quit. gives me options, gf pretty much loses her job.
| None of that was illegal and you have no recourse. |
Can my husband be arrested for this? Child Support related.
| WA State/Indiana
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My husband has a child with his ex girlfriend. She is in IN we are in WA. Cops just showed up at his mothers house in NC looking for him but they informed them that we are not there. They said OK and left. He has been "served" twice but never to him personally. Once the paperwork was mailed to his grandmas house in Indiana and then the second time it was mailed to his mother in NC. They have his current address but it has never once been mailed to him here.
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My Question is: Can he be arrested?
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He is not avoiding anything. He is honest with where he is at, they have never set up a payment plan before, he has never been sent any paperwork never been contacted over phone or email nothing.
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His ex is crazy and I think she is purposely sending the court in circles. She has gotten him arrested before just because (Her dad is a cop in their small town). So I am worried she is trying to make it look like he is avoiding it.
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I just want to know what legal rights he has if any, if cops show up at our door considering we have a 4 month old there and he is the only one there with her.
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I will answer any questions
| Why doesn't your husband want to support his child with his ex? Whether the courts have found or he's been served or whatever seems pretty irrelevant. He needs to step up and take care of his kid. The kid doesn't deserve this crap.Answer #2: Maybe. You didn’t really provide much information. He needs to call the agency that was trying to serve the warrant to figure out what they want him for. He probably wants to talk to a defense or family lawyer before doing that. |
Tulsa, Oklahoma : Is there a lemon law for a flipped house??
| My wife and I bought our first house together last July. The realtor we bought it from got it cheap on a foreclosure and then flipped it with his father-in-law. There were a few minor things our home inspector caught during the inspection and he fixed them relatively quickly. We were so happy with our new house! We closed on it 4th of July weekend last year. A few months go by and we have our first rain in the house and notice leaks in several of the rooms. Well shit, end up being out $1400 or so between two different roofers to get that fixed. OK, kinda sucks. Whatever. We move on. A few weeks after that happened we notice the toilets are flushing slowly. I happen to go downstairs (finished basement) after I had just flushed a toilet and I hear water splashing on the drywall ceiling. Shit. Cut a big hole out, tried to fix it myself, call a plumber out and another $1500 later we get it fixed. This time the flanges that were installed on the toilets were incorrect and did not seal to the drain pipe, so when the toilets backed up all the water drained through the floor into the basement instead of backing up in the toilet. The culprit was a clogged vent pipe...like has pieces of 2x4 and shingles stuck in it clogged. Plumber said it was the worst he'd seen in 15 yrs. OK, this one was pretty aggravating, but whatever, moving on. We have a nice built-in tile shower and a couple months ago the grout started popping up...that's weird...I put some caulk in the cracks and hoped for the best. Last week after I had taken a shower I went downstairs and heard a 'splat splat splat' on the carpet stairs. After a call to a plumber we find out that the shower pan was installed incorrectly, it has destroyed the drywall ceiling under the shower, there is mold all over the wood subfloor, and a lot of the wood is completely saturated with water. Right now we are in the middle of ripping the shower out and have no idea what the cost will be...probably at least $1500. This is kind of the final straw and we have tried to contact the realtor that sold the house to us. The two times he has responded he has been very guarded and short, though he did say he would get us the contact information of the people that installed the shower in the first place. My question is : Do we have any legal recourse to all of these problems? Clearly the people that did the work on the house did a lot of things just plain wrong. We are getting very tired of having surprise expenses for broken things that a recently remodeled house should not have for a long time. I really don't know even where to start or what I can do. Any help and advice is appreciated.
EDIT: I just talked with the guy that supposedly installed the shower. He is saying that the previous owner hired him after the shower pan was installed and he told them it was wrong. They said they didn't want to pay for it to be redone so they made him just install the tile on the walls....should we find an attorney? Also just found out the "new" roof was installed on top of organic shingles, which are known to split and crack easily. The roof has to be replaced and that's at least $7K...
TLDR: Wife and I bought a flipped house 10 months ago and have already had $3K in repairs and now found out the shower was installed wrong and now needs to be replaced too. oh, and there's mold now.
| There's no "lemon law" for houses.
If you find that the sellers misrepresented the house, including hiding known defects, you may have a lawsuit against them. But you don't indicate anything suggesting that.
Did you ask if the home-flipper got permits for the renovation? That's something you should always do as part of your due diligence, and if someone does a major home renovation without permits, I would strongly suggest walking away from the deal.
You can always give your homeowners insurance a try. |
Oregon- second-hand smoke in our apartment daily, asthma/serious health concerns, and a non-smoking policy on the lease. Can I put my rent into escrow?
| It has been almost 30 days since I filed a formal letter with my landlord complaining of the neighbor below us blowing smoke directly into our apartment (almost 6 weeks since we first submitted written notice of the problem, informal on our move-in survey sheet). The lease has a non-smoking policy which includes the courtyard where he smokes.
I have asthma that is affected by this smoke, and a 3 month old in the house, so all of this waiting is not okay. I can obtain a doctor's letter and perhaps even a letter from the baby's doctor (as he may be predisposed to developing asthma). I read online that I may be protected by fair housing laws, since I am not able to live in this apartment without seriously aggravating my health condition. I'm not sure how to act upon that information.
The landlords have "spoken" to the neighbor but no change. If we leave now, we will have moving costs and lose $1800 in deposits. If I stay, I'm doing damage to my body with all of the extra albuterol I have to use just to survive here.
Can I put the rent into escrow as the landlords have failed to uphold the non-smoking policy on our lease? Should I begin by filing with small claims court?
| I realize this is a super frustrating situation, but as a landlord who gets these types of issues from time to time, consider what they are actually able to do before you file suit or put rent into escrow as your primary resolution.
Even if your landlord believes you entirely, and is as frustrated as you with this tenant, they cannot MAKE him do anything. All they can do is ASK him to stop the behavior and then move on to evicting him through the courts. That process takes time, sometimes way more than anyone involved would like. You can't get an eviction overnight because a neighbor saw a tenant smoking. You need to send a notice, and most of the time the tenant has the opportunity to cure the violation (AKA knock it off). So your landlord has to show that the behavior happened, a notice happened, the behavior continued, a notice of eviction happened, and then go through the process of filing suit, having tenant served, tenant having his day in court, and finally law enforcement actually showing up to remove the guy. And if landlord is worth half his salt, he will not discuss what he is doing/where he is in the process with you because that info belongs between him, the tenant and legal counsel.
Have you asked landlord to help you prevent penetration of smoke into your unit? Have you told the landlord you would rather move than put up with this? The landlord has the ability to let you out of your lease without penalty and refund your deposit. If you ask nicely, it might happen and get you into a healthier living situation faster than an eviction next door can. |
(USA) Immigration law question: Will an abducted child brought to the USA through no fault of their own be deported?
| Disclaimer: This is a throwaway account due to the sensitivity of this matter. Thanks for your understanding.
A person I know may have been kidnapped in the Philippines as a child and brought here by a woman who then claimed the baby was her own. This happened in the late 1970s. The "mother" married a US Citizen and immigrated on a spouse Visa. She and the child then became a naturalized citizens. The mother and the father then had another child who is born in the USA.
Years later, that child is now an adult and married to a US born citizen. Through genetic testing the adult finds out that they do not match with their younger sibling.
Here is the immigration law question. If it comes out that the abducted child who is now an adult and married to a US citizen was kidnapped and brought to the US through no fault of their own, could they be deported? Could they apply for citizenship and wait in the US for it to process without being deported? TIA.
| It is conceivable that he could lose his citizenship. The "mother" withheld material facts when applying for citizenship and could have her naturalization revoked because of that. Because he obtained his naturalization through her, he would be deemed to have lost his citizenship as well.
That does not mean that he would be deported. "The person returns to his or her immigration status before becoming a U.S. citizen as of the date of naturalization shown on the person’s Certificate of Naturalization." Presumably he was a permanent resident before he naturalized.
https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartL-Chapter3.html
He should definitely consult with an immigration attorney before deciding whether to contact the police or otherwise make the alleged kidnapping known. |
Friend was raped, her job refused to fire her rapist and told her she couldn't tell anyone or she'd get fired [MI, USA]
| [deleted]
| She should have contacted the police as soon as it happened. She can do so now. She may still be fired for this.Answer #2: Right now, your friend only has the accusation of the guy raping her. She needs to go to the police and open a criminal investigation against her rapist.
The employer is not taking any actions on the accusation, and rightfully so. The accused rapist is not guilty of any crime until the police get involved and press charges, so the employer has no obligation to do anything based on just the accusation.
I'm sorry your friend had to go through this, but she absolutely needs to go to the police. |
Neighbor tore down shared fence (WI)
| We’ve lived in our house for 30 years, the house next door recently sold and we have new neighbors. The new neighbors plan to put in a garage, the lot property previously only had a shed. The neighbors have told us that they plan to pour cement up to the property line where our properties join.
They are now telling us that our garage is partially on their property and that they have every right to lay cement all the way up to our driveway and intend to. Currently there is about 5 feet of grass between our driveway and their house. The previous neighbor put up a chain link fence from their house straight back to our garage. We privacy fenced in the rest of our property.
Since we do not want them to rip out of all the grass separating our properties they decided to annoy us while we were out of town and rip down the fence between our properties. We have dogs and this is now going to be an inconvenience until we can put up a new fence.
What action should we take before putting up a new fence? Do we need a survey? The neighbors appear to be doing a lot of work on the house and we don’t see any permits posted in their windows, so I’m not sure if the people they’ve hired to rip out the fence and pour cement etc are even licensed. Is this worth hiring an attorney to dispute the property line on our behalf?
Lots are standard city lots, 40 feet wide. Most of the yards are fenced in the same way ours has been for 30 years. Don’t they need to at least mention to us that they will be ripping down a fence that borders our property?
| Survey. You need to know exactly where that property line is.
Even if they are not encroaching on your property, many areas don't allow permanent structures within a certain distance of the property line. Pouring cement up to the property line sounds very questionable.
Your local city or county building code enforcement should be able to advise what permits the neighbors might need.
I myself would find a real estate lawyer. These people sound like the type to try to claim part of your property by adverse possession, and otherwise be nightmares. It's always good to CYA.Answer #2: You need to find out what land you own and what land you don't own. It sounds like you aren't sure if they tore down your fence, or if they tore down their own fence. One of those things is legal, the other isn't, it's up to you to present evidence of which it is. Get a survey and that will make your next decision much easier.Answer #3: You should also check building codes in your community. Many places require any permanent structures be setback from the property line. |
[Indiana] would a therapist need to take action if they were told this?
| So in my personal life I am having sexual relations with a partner that hurts me alot and I would genuinely rather die than do it but I'm consenting. I know therapists legally have to report abuse and self harm but it I say it's consenting does that make it safe no matter what?
| Therapist have to report when they feel you are a harm to yourself or others. They don't have to report past crimes you were a victim of. Especially since you said you are a consenting party. Because you consented there is no crime.
On a personal note; go to therapy and get your personal situation worked out. Mental health is no joke. |
[Alabama] Police called my mother looking for me?
| Hello,
I'm located in Tuscaloosa, Alabama. I'm 23 and live alone. The police just called my mom's phone number in Georgia and asked to speak to me? Do I call the police back? Why would they call my mom and not me? Where would they even get her number?
Thanks in advance!
EDIT: They want me to come in and speak to them in regards to stealing/theft. I have since hired an attorney. Thanks for the quick advice!
| Could be any number of reasons. When I was in college, the city's PD was unable to get in touch with me (I was in class), so they called my mom, who also could not get in touch with me. Caused a bit of panic all around, but it ended up being because they thought I'd been the victim of a panty thief that had been making the rounds on campus. Answer #2: >Do I call the police back?
Not if you do not want to
>Why would they call my mom and not me?
They probably do not have your number.
>Where would they even get her number?
Many numbers are public information and/or easily attainable with a google search or social media. They have other legal means to get it.
|
ADA issues with Doctor note not being sufficient
| Indiana, all hail location bot.
You can check my past post history for the longv version, but I have been fighting uphill for a reasonable accommodation at work. (The turds thought it was possible to get an appointment with my specialist two weeks before Christmas.)
Well a few days ago I finally had my appointment and got my note stating whatt accommodation I needed. Doctor even wrote it on his prescription pad. I turned it in after my appointment on Thursday. Today (Friday) I got ambushed by the store manager and told that they needed my doctor to fill out some questionare because they need more information. I wasn't given the questionnaire yet. He said it is required to continue my reasonable accommodation that they are, again, providing.
I already know that they aren't allowed to ask the name of my condition, but what if anything are they allowed to ask? I thought that all they legally could require was a doctor note stating what accommodation I needed?
I have been talking with the State ADA, and will update them Monday or Tuesday if they take a 3 day weekend, but I want to have some idea what's going on in case the holiday makes getting a human to talk to take longer.
Topic:
Disability Issues
| A doctor can't determine what is a reasonable accommodation at your workplace because he/she does not work at your workplace.
You need to work with your employer to come up with an accommodation that allows you to do your job and is reasonable for your workplace. |
Mother in law with dementia was removed from her assisted living facility by an unauthorized person and now they are threatening to sue us because I called the police when they refused to let her back into her apartment. More details inside. [Ohio]
| x-post from r/relationships
My MiL who was recently diagnosed with Dementia was victimized by her half sister. Her half sister removed her from her assisted living facility without my spouse's permission (spouse is power of attorney.) We explained to the assisted living facility that she was removed without consent when we showed up with her today and found her lock changed with her stuff inside. MiL was paid up for this month in rent. Director of the facility said she voluntarily moved out. We stated she did not nor did she have the right to do so.
Police were called and she was ultimately let back into her apartment but it was decided by the police and Adult Protective Service worker that this place is not appropriate for my MiL but she did not have anywhere else to go. They said the only other options for her were to let her roam town or go to a homeless shelter but the shelter was filled to capacity. My MiL was banned by the APS worker from coming to our house because she was seen as too unstable to be around our child earlier this week.
The landlord/director of the assisted living facility stated that he will now sue us for the remainder of her lease since APS worker is moving MiL into a more secure facility later this week. He said my spouse signed as a co-lease. Spouse said it was only as a witness but we aren't sure because we were not provided a copy of the lease with the signatures.
We were also instructed by APS to apply for emergency guardianship either nominating my spouse or requesting a court appointed guardian.
My MiL is an evil and spiteful woman but the only family my wife has other than myself, our child and her aunt (half-sister.) MiL and Half Sister called CPS and APS and stated we abuse our child and abuse my MiL by locking her away in the assists living facility (which she had to move to after setting fire to her apt and having her keys taken away by the doctor.)
Half sister also found diary with these crazy rantings saying we abuse our son and MiL. She ripped pages out of the diary and sent them to CPS as "proof" of our abuse. My spouse is a social worker and I'm an educator. We do not nor have we every abused anyone, let alone family.
I'm not sure what to do, but I'm also angry because there are 5 years worth of journal entries documenting fabricated abuse. To be fair, I don't want to even help her after reading the diary, but I realize she is sick and being preyed upon. Her half-sister also took her to the bank, cleared out her bank account and closed it. Now half of her money is missing.
TL;DR: MIL crazy, being preyed upon by her half sister and the courts are establishing a guardian for her.
| APS seems to be guiding you down the right path with the guardianship. The POA you have doesn't strip MIL of her rights, it just adds your ability to act on her behalf too. So just because you had a POA doesn't mean she's been declared legally incompetent to make decisions like checking herself out or financial activity. That's what the guardianship hearing will be about.
After you get it, you can start drilling down on half sister to see if she fraudulently got access to the other half of the money and try and recover it. Answer #2: Did you talk to APS about the aunt cleaning out the bank account? IANAL, but I've heard that they can investigate financial abuse too. |
Can spousal spousal maintenance be easily modified if both parties are on board(WA)
| My wife and I are getting divorced (amicably). Right now I'm giving her the house and $500 in support for 2 years. If I put down that I'm giving her $750 for 3 years though she'd be able to refinance the house in her name which would help me afford a better place when I buy again at the end of the year.
If we do put down that I'm giving her $750 for 3 years and assuming we're both still not angry with each other so she's still cool with doing this could we modify this later on to be $500 a month after she refinances?
| So here's an important thing to consider:
When applying for a loan, all the information has to be accurate -- including how much income the applicant has.
Intentionally giving misleading information to a lending institution for the purposes of obtaining a loan, under the belief that without the misrepresentation the applicant would not get the loan, is itself a federal felony (18 USC 1344) punishable with prison time (The max is 30 years, but federal sentencing scales by many factors that would not likely apply to you or your wife, so something on the order of 6 to 18 months is closer to reality).
If your wife says her income is $250 higher than it is in order to qualify for a loan, she would be in violation of sec 1344.
If you provide any documentation to her, believing that it would be used in that manner, you would be in violation of 1344.
If you and she discuss the matter ahead of time, then you and she *may already* have committed a conspiracy to violate 1344, though the conspiracy probably wouldn't be chargeable without an actual form of the type needed to fulfill the conspiracy, on which you or she had written the false information. It might not matter whether one of you actually filed the form -- the existence of the fraudulently created document itself could be enough proof that the conspiracy existed.
(Now, to be real, it's unlikely that at this point you've done anything that a federal prosecutor would ever find out about or even bother investigating. Just don't *file* anything like that and forget that you ever discussed the possibility of maybe thinking about looking into considering doing that.) |
[WI] My elderly neighbors are keeping cats inhumanely in their garage. What can i do to correct the situation without ruining their lives?
| There are maybe 7 cats in the garage, caged at all times. They open the garage a little every now and then, presumably for fresh air. They're very private people. I'd like to help the animals without involving criminal proceedings.
| Generally speaking, you should be able to contact animal control and let them know that you believe there may be an issue. They will visit the property, probably ask to view the animals, and advise the owners of any changes they need to make. They would not immediately charge the owners with any crime unless they find something really awful, like starving, sick, or dead animals -- and even then there's usually a delay. In all likelihood, they'll simply tell the owners that they need to do a,b, and c, and then they'll check back at a later date to make sure it's been done. |
Son of mom's deceased live-in companion shaking us down - veiled threats to sue
| We are in northern Virginia (Loudoun County). Mom recently died at 90. She had lived with the husband of her best friend after best friend passed (we believe that his family thought that this relationship stated too soon after the friends' death). They owned a house together for several years and shared household expenses and a checking account, though due to the man's wealth he was more than generous to her outside of that arrangement, which was unwritten to my knowledge. Gentleman showed signs of Alzheimer's as the relationships' five year mark passed. His family, wishing to protect his assets (we presume) and avoid a common law situation, suggested they sell the house and move to a retirement community, which they did. Our family felt that was a good move. Unbeknownst to us, their intent was to remove him shortly (a few months) after the move to the new facility. Meanwhile, he had bought some new furniture and upgrades for the new apartment. His family removed him and his belongings at around month 3 after moving and he passed away about a year later (2012). Mom continued living there and paying $600 monthly more than she would have had he continued to reside with her. Now she has died and his family is claiming we owe them for a claimed $10k worth of new furniture and $20k in residence upgrades that their father had presumably paid for (thinking he would be around to enjoy it, no doubt). No documentation has been forthcoming. They also say my mom closed the joint checking account after they removed him (balance around $1500). We think she did do that. The son (a lawyer himself) asks that we respond within 5 days so that we can both avoid "costly litigation". Are we likely to win such a case if he follows through on this veiled threat to sue? Thanks for any help - I can provide any needed details.
Topic:
Other Civil Matters
| If it was a joint checking account the money in it was Mom's as much as it was his. |
Imminent Danger to Property as it Relates to a Rental Agreement
| Hi guys, I'm currently going through the ringer with my landlord. I recently had an inspection, and hadn't been able to take my trash out because the receptacles were full. Everything else was relatively clean, aside from the sink full of dishes. The garbage was a little stinky, but like I said, I could not remove it until the receptacles were emptied. He brought this to my attention afterwards. Fast forward about a week and a half to today, and I find out he has been in my apartment since then, without notifying me. Admittedly, the place was a mess. He took photos. From the photos, I could tell that he was there in the days following the inspection (my take out was visible, and I ordered it four days ago). I'm located in Vermont, and I've read the section of the handbook of renters rights that deals with right to privacy. It seems he is allowed to enter without notification if he believes his property is in imminent danger.
My question is, is a messy place a good enough reason for a landlord to enter without permission?
Thanks!
| An emergency is something like smoke coming out the windows or water running out under the doors. Walking in because he wants pictures of your dirty dishes is inexcusable.
Check your states statutes which will have a section regarding your landlords right of entry. I'd nearly bet you money it requires he give you written advance notice of 24-48 hours.
There's also probably a statute about taking the garbage out, but I'm pretty sure you aren't legally required to do your dishes, just keep the place clean. |
Can my employer charge employees for water cups
| So I am currently working as a beach club in Queens new york, and the general manager has recently decided to charge the employees 25 cents for a cup if we want to a drink of water. They used to keep an orange water cooler full of fresh water for employees with cups but decided to get rid of it so the employees have to go to the cafeteria if we want water and pay for the water or bring our own bottle. I am curious to know if this is a safety violation and what I can do to report this. I myself always brought a nalgene but I am worried about my fellow employees.
(The employees end up reusing the same cups all day.)
Sent from mobile
| OSHA requires employers *provide water* but it does not say anything about cups except they cannot be shared. So I don't know any reg which requires them to provide a vessel to hold the water. The obvious answer is for them to bring in their own water bottles.
https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=202
Answer #2: Your employer is providing water (as he is obligated to do so). He is within his rights to charge you for any cups (that he presumably has to pay for out of his own pocket) if he so chooses.
Is he charging for water or just the cups? If you go to the cafeteria with your own cup (or nalgene bottle) would you be allowed to fill it for free? |
Ontario, Canada. Marijuana Possession in Private Dwelling.
| I've been looking all over and have been unsuccessful in finding an answer to my question.
In Ontario, Canada is there a limit regarding the amount of dried cannabis that you are able to posses in a private dwelling?
I know that if you go out in public the amount is 30 grammes. I am also aware that there is a limit of 4 plants per residence. Does the amount harvested from the 4 allotted plants have any regulations? Hypothetical if I'm Mr Miracle Grow and manage to yield 15 pounds from my harvest is this legal to store in my home? Am I allowed to store it in pre weighed portions(1 gramme, 14 grammes, 28 grammes)?
Thank you in advance.
Topic:
Canada
| The per-residence dry storage limit is 150 grams in some territories, there is no such limitation in Ontario.
|
Stepson was hired and became a part of a sketchy business, how to safely get him out?
| I was suspicious when he started earning so much money at 18 years old, but he is a programmer and lives in another state for school so I couldnt really look into what he was doing.
He's back for spring break to visit / prepare his first year of taxes and just told my wife and I that he's helping run a "Bitcoin" casino by designing their website and 'grunt' work as he described it. They gave him a small percent of the website in return.
&nbsp;
He told us he's not doing anything illegal and that he's completely safe since the website is not available in most of the English speaking countries. Still sounds very iffy to me though.
I plan on forcing him to quit even though he's making more than me right now (I earn a decent living), i'm assuming this is the right choice even though he's being completely unreasonable.
I also made him show me his chat logs with the other website partners and they all sound pretty unprofessional, I doubt it's even registered as a business to be frank.
Anyways what would you all advise me to do? Maybe go see a criminal defense lawyer to see what he recommends?
Also if he does decide to leave, what are the chances this will come back to bite him in the future?
I don't reddit much but I hope I am posting this in the right place.
&nbsp;
I forgot to mention that we live in the United States
| He's 18, so you can't make him do anything.
You can ask a lawyer to figure out if what he is doing is illegal, and what the possible penalties are, and then scare him with it. But you can't force him to stop. |
One-night gap in leases
| I live in Boston, MA. I'm currently subleasing an apartment for which the lease agreement ends on 8/31. My new lease starts 9/1 and my landlord has told me my move-in time is 9:00 AM. Neither landlord wants to allow me to stay late or move in early. This creates a gap in the leases the night of 8/31, requiring me to stay in a hotel as well as pay for a mover to store my belongings overnight. This isn't something I can afford.
Since my new lease is for 9/1, is it legal for my new landlord to not allow me to move in until 9:00 AM? Alternatively, if I were to overstay my current lease by a few hours and move out first thing in the morning, what legal risks am I setting myself up for? Thanks for any advice.
| It is definitely legal for your new landlord to specify that your move in time was 9:00 or later.
If you overstay your current lease, I would be prepared to pay for the entire months rent.
This is a pretty common situation for people to be in. You’ve got 3 weeks to find a cheap motel or a friend to stay with. |
Getting a puppy, question about breeder contract...
| Hello,
I am adopting a puppy in NJ, but the breeder's contract says that all legal disputes will be settled in some district in florida, and that I will abide by the laws of florida, etc etc. Since I'm signing this in NJ and buying the dog in NJ, isn't the contract already void?
| No, the contract probably isn't void, as choice of law/venue clauses are fairly common. And even if those clauses are unenforceable that doesn't mean the entire contract is necessarily void. |
Gun shop lost all my info?
| So my boyfriend has a CPL and bought a gun from a gun shop. All legal. Well the paperwork for the gun has all his info on it. (Social, address, mother maiden name, copies of his CPL & drivers license and more!)
The gun shop called and is asking him to come in and fill out new papers because they lost his original paperwork. Isn’t this illegal as F? Someone could steal his identity or make a gun purchase in his name.
Topic:
Business Law
| It’s rare for negligence to be criminally punishable.
Your boyfriend can report the shoddy record keeping to the ATF (they’re unsurprisingly totally humorless about that).
If he raises a stink he can probably get the shop to pay for credit monitoring for a year or two. |
When my boss gives me my money let's say 85% in cash and is officially paying me only 15% of the money so he can save on taxes, Am I a complicit? Am I right to say that this is fraud? Or is it normal?
| I have a chance to work under a morally questionable person and I already prefere to stay out of this, but still, out of curiosity, how common is this? What legal consequences are facing the employee's? What if the employer don't tell their employee's why he's paying them like this? Are the employees still guilty?
| Yeah, it is fraud. Whether or not you're liable for tax fraud or any other sort of fraud depends largely on what exactly is going on.
Go find a legitimate job and pass on this one.Answer #2: >Am I right to say that this is fraud?
No. It's tax evasion. Makes actual fraud look like a parking ticket.
This is not something to mess around with. Even if you don't get criminally charged, you will owe an imperial crap ton of money if/when the IRS finds out.
Your boss, on the other hand, would automatically go to prison. If you're not smart about this, you might be cellmates. |
[CT] Terminating an employee who didn't adopt out her baby, discriminatory?
| [removed]
| You must be joking. |
My landlord is trying to sell the house, I think the realtor overstepped boundaries.
| So, our house has been on the market for over a month. It's absolutely not going to sell but that's neither here nor there.
The realtor has asked to show the house 4 times now. The first 3 times he didn't lock up/didn't shut a door completely, even though I mentioned it to him several times. The 4th time he did.
Out of curiosity I looked up the listed tonight. When my landlord told me the house was going on the market he said he was all set with photos, etc, because he had some from before we moved in. Well, the website has about 16 pictures of every angle of all 4 rooms in our apartment as it is now. The realtor must've taken them for the listing.
I'm super uncomfortable but don't know if I'd be justified in mentioning it to my landlord, or what my rights as a tenant are. I've lived here for 2+ years. We've never complained or caused any trouble and have always accommodated our landlord with everything he's asked.
I'm in MA, if that's relevant. Thanks in advance!
| Have you informed your landlord about all this?
> The first 3 times he didn't lock up/didn't shut a door completely
This alone should send red flags to the landlord as he may be liable for any stolen property. |
US, FL told a guy to Fuck Off for high pressure sale
| I was roped into a high pressure sales situation to buy time share property today. When trying to leave, I told the salesmen to " fuck off." And the salesman at the hotel had the police called. We left the property immediately. If the police are called and show up at my hotel, can I be charged with anything?
Edit: my fear is that the other hotel employees in the room would fabricate a story about a physical assault opposed to a verbal one
| If the police arrive say these magic words "I will not answer any questions without the presence of an attorney." Don't think you can explain your side of the story. If they say "you're not in trouble but we just want to know what happened." still say you won't answer questions without an attorney.Answer #2: No, it is not illegal to be mean to people or to say unkind things to them.Answer #3: Were you in St. Petersburg? If so, as long as you didn't spit on the sidewalk on your way out you are likely fine.
(St. Petersburg Munc. Code) Sec. 20-117. - Expectoration.
It shall be unlawful for any person to spit upon any of the paved sidewalks of the City.
In all seriousness, you are likely fine. The one problem could be with the use of the "F" word. There are still places in the country that have oral decency laws. I am not that familiar with FL law, but I doubt the police would even want to follow up. Even if they did, use the phrase that pays" as already mentioned and I really doubt any cop / city prosecutor wants to deal with this nonsense. Enjoy your stay in FL and forget the pushy sales dude.
Cheers! |
Think I was involved in a Ponzi Scheme
| I posted this on r/Personalfinance and they told me to come here so here goes...
So my friends and I met a guy promising ridiculous returns on forex investments a couple of months ago and I did not believe him at first but he came back with the guaranteed return for every person who invested in him and so more of us "invested." Now, he isn't responding to any of our messages and its been a couple of months. Is there any way we can get any of the money back? This is in Georgia, US
For more clarity, he drew up contracts for all of us so we have "contracts" with the guy and his "business" and in the contract, he guarantees we will get our initial investment back if we do not get the return he is promising.
| You can sue him, but good luck. Next time listen to your instincts a little better. Anybody can "guarantee" anything.Answer #2: This doesn't sound like a Ponzi scheme. It sounds like a straight up scam. You gave this random guy what I presume was a substantial sum of money, and he likely had no intention to ever invest anything. He took it and ran.
Call the police to report the fraud. If you don't have any contact information for him, you won't see your money again. If you do have contact information, it's probably fake, and you're still unlikely to see your money again.Answer #3: You've been scammed. Report it to the SEC. You can do it online. If you have enough money on the line, report it to the SEC by certified mail, phone and/or have an attorney follow up to get them to pursue it. If you think the total amount scammed is significant enough, also report it to the FBI.
Local police won't be helpful with securities fraud.Answer #4: This doesn't sound like a Ponzi scheme. It just sounds like you put your money in a VERY volatile investment vehicle (forex) and the guy you invested with lost it almost as soon as he got it. The only thing more volatile than forex trading is probably cryptocurrency.
Next time, research the risks associated with it, or do your own investing with regard to forex. As stated before, you can sue, but good luck recouping on it.Answer #5: >I did not believe him at first but he came back with the guaranteed return for every person who invested in him and so more of us "invested."
Well if he 'guaranteed' it. /s
How much did you invest?
|
Wrongfully Accused of Hacking?
| My father was recently wrongfully terminated (another issue) and he received a certified letter that states that I have been "identified as attempting to hack into [the company's] computer network. Please talk to [him] about his and if it is indeed him. please ask him to cease and desist immediately. Law enforcement will be notified at the next attempt."
I have no desire or skill to do any malice toward this company. My father want to respond that he has talked to me, and I deny any wrongdoing. But I want to reply also, I don't like the fact that they're accusing me of a crime. I would like an apology letter. Reddit, how should I respond?
edit: Location: NC, USA
| >I would like an apology letter
Not going to happen.
>Reddit, how should I respond?
Don't |
Uninhabitable conditions renting in Lexington KY
| I've been renting at this place for 10 months (in a 12 month lease). My bf and I moved here as an attempt to save money and save up for a house or property together. The cheap rent may be the only decent thing about this place.
My entire apt is infested with roaches and fleas. I do have a dog, but I've had her for two different rentals and we never had flea problems until we moved here. I give her monthly flea treatments and weekly flea baths, and I still can't keep them off of her. They provided us with a flea treatment ("on the house" bc they cut off our hot water for days), but I'm getting eaten alive by fleas too, and my dog hasn't stopped scratching for a day since the treatment (I also gave her a monthly flea treatment the day of our bug spraying). The roaches are so bad they're everywhere. I'm not talking one baby roach here or there, I'm talking roaches of all shapes and sizes everywhere, all the time. I see at least 20 roaches a day where I'm currently living and have since I moved here 10 months ago.
Even worse, my apt has not paid the electric bill twice during our lease, resulting in no hot water for a total of about 10 days. We all pay our own units electric, but our water heater is shared and connected to the apts electric account. Keep in mind this place has 6 buildings with approx 24 units in each building. When power gets cut, everyone loses hot water.
The conditions of the apartments are poorly kept, there are broken hand rails everywhere and no fire escapes or window wells for people living under ground level. With the latest hot water fiasco, we've been given a chance to terminate the lease (which took some tough conversations with corporate to make happen). I want to move out of here as soon as possible but I've paid up for October. I didn't anticipate a move mid month or mid lease, but I can't stay here and get eaten alive by bugs and potentially not have hot water again. If I move out before October ends, can I get prepaid rent back? Or am I just at a loss here? Also what are my rights in this situation? I know that no hot water is a landlord law violation, but what about the bugs? Any advice is much appreciated.
Edit: corporate claimed they previously new about the roach problem, but blamed their lack of problem solving on the fact that "no pest control in Lexington was reliable enough to service them". He basically said that no business would take on a project as large as they have with the roach infestation of my building (and perhaps the entire property).
TL;DR Current apt is infested with roaches and fleas, landlord doesn't pay electric often resulting in no hot water. What are my rights and how do I get out of here as soon as possible? Can I get my prepaid October rent back if I move out over the weekend?
| Call your local housing authority. They will be able to tell you if the conditions arise to bad enough that you can get out of your lease.Answer #2: I'm also LEX & pretty sure that I know what housing you are talking about, LOL.
Call the housing authority. Tell them exactly what you have told us. Also, you may want to find temporary housing for the dog...in a medical emergency, clinics may be obligated to delay treatment until they can de-flea an animal because they can't have fleas in sterile areas of the office.Answer #3: I used to live in the deep, deep south, where fleas were just endemic. While you get things sorted out with your landlord, you might want to look into [Capstar](https://www.petco.com/shop/SearchDisplay?categoryId=&storeId=10151&catalogId=10051&langId=-1&sType=SimpleSearch&resultCatEntryType=2&showResultsPage=true&searchSource=Q&pageView=&beginIndex=0&pageSize=24&fromPageValue=search&searchTerm=capstar) for your hound. It won't eliminate the infestation, but a few doses should kill off the current generation of fleas.Answer #4: I also live in Lexington. There's a management company who has this reputation. Here's the number for housing authority:
859.281.5060
Also, you might want to try calling 311 and explaining the situation. They might be able to connect you to fire Marshall and code enforcement offices. |
Neighbor extorted money out of my girlfriend - what can I do?
| Hi all,
My partner and I have lived in a middle class / fairly expensive apartment complex for around a year now and during this time she has worked a lot of nigtts (she is in the film industry) and I work an office job. During this time she has struck up a 'friendship' with a middle age unemployed dguy who has lived off his inheritance since the death of his father upstairs.
Basically, I have said from the start to be careful as she is a young woman spending a lot of time alone with a grown man and he is often drinking smoking etc.
Today he comes to the door whilst I am at work and says he needs £20 to get to a job interview as he has run out of money... Great. Fucking called it. 2 hours later he comes back and needs £60 more or else some guys he is in bad with are going to beat him up.
Basically, I am not sure if he has done anything illigal in asking for this money, but as a vulnerable young woman with a desperate guy beating on her door she gave him the cash - but it just seems unjust.
I now want to know if I can take any action as he literally knows where we live and has seen us with lots of luxury/ stealable stuff in the last year AND knows our work schedules. Finances aside, I worry about my partner being at home and practically hiding from this guy in fear of him begging for more cash.
Tldr: my GF took sympathy on a lonely loser who is now extorting her for cash.
What can I do?
| He is allowed to ask for money. She needs to be a big girl and tell him "No." |
Hospital Requested Social Security Number at Birth Against Parental Wishes.
| Filled out the birth certificate info form and checked "NO" on the box where it asks if you want your child assigned a SSN at birth. Also left the signature section blank so there couldn't be any mistaking the intention. Hospital submitted paperwork requesting that a SSN be assigned and says that they're automatically assigned even if you don't request it or get a card. The folks in the medical records say they're trying to "reverse" the process and that we'll hear back from them later. I do have an attorney but I'm really not interested in pursuing anything further than not being issued a SSN. Leads me to a couple questions.
&#x200B;
Is everyone assigned a SSN (or other numerical identifier) at birth regardless of consent or knowledge thereof?
Aside from the hospital doing what they can to correct it, is there anything I should do on my end?
&#x200B;
US/AL if it matters.
| No way the hospital can reverse it would be my guess.
I can only think of crazy, conspiratorial minded reasons someone wouldn’t want a their child to have an SSN. What are you trying to accomplish? Answer #2: By not giving your child a SSN you are indirectly making many decisions for him by forcing him to go through mountains of paperwork, hours of headaches and issues that could linger on for years... your doing this directly to your child because your ego and pride is getting in the way.
Why do we keep asking the same question?? Because your not giving a proper answer to warrant the question solved.
Next your going to say they have no gender and should be called “theybe’s” and won’t get vaccine shots... all this is going to follow you around with legal and social problems for years.
If you truly want to do what’s best for them like you say... give the kid a SSN so he has a chance.Answer #3: You need an SSN for so many things. Like health insurance......Why would you not want your child to have one? (I didn’t even know it was an option)Answer #4: So you want to put your kid through hell in 18 years when they have to request one themself?Answer #5: You know you can't deduct the child on your taxes without a social security number, right? Why wouldn't you just let the hospital do this? Answer #6: Can I ask why you don't want a social security number issued for your child? If they want to live in the United States they'll need it eventually and it's much easier to get it now when they're born instead of 18 years from now. |
Risk of being attacked legally for racism because I wear dreadlocks? (Canada)
| So as the title suggests, I have dreadlocks. I'm also white. A person that goes to the same school as me says that she could take a white person with dreadlocks to court for racism. The reasoning behind this is because of the whole "cultural appropriation" term that's been floating around. I have two questions based around this.
1. Is somebody saying I can't wear dreadlocks because I'm white going against the Right to Freedom of Expression in Canada? It seems that way logically but I'm not 100% sure.
2. Does someone claiming me to be racist because I wore something from another culture in a non-mocking fashion hold any ground in a court of law?
I'm not in a situation at the moment but I'd prefer to be prepared with claims like this being heard. Any objective help would be fantastic, thanks!
| IANAL.
>A person that goes to the same school as me says that she could take a white person with dreadlocks to court for racism.
You can't sue someone for "racism" simpliciter. This person is a grade A moron.
Note: Manitoba's *Defamation Act* does create the rather exotic tort of "Libel of race, creed or sexual orientation" ([s. 19](http://web2.gov.mb.ca/laws/statutes/ccsm/d020e.php), but libel is a **published** defamatory statement. What you have described is neither defamatory nor, obviously, published.
>Is somebody saying I can't wear dreadlocks because I'm white going against the Right to Freedom of Expression in Canada? It seems that way logically but I'm not 100% sure.
The *Charter* applies to government actions. The Supreme Court has decided that a court order is not a government action (*RWDSU v Dolphin Delivery Ltd.* [1986] 2 SCR 573), and so the *Charter* does not apply to private litigation. If a legislature were to pass a law prohibiting people from wearing a certain hairstyle, **that** would contravene the *Charter*. |
Assualted in California last night. Girlfriend was a witness what can I do?
| Pretty simple, a friend of a friend of ours who claims I owe him 10$ assualted me last night. More accurately the man who claims I owe him the money had his friend assault me. When we left the bar we were at they followed us out and then after yelling and cussing at us his friend pushed me violently 3 times. One of the times hitting me in the face with his fist as he pushed me.
There is no video proof but I have multiple witnesses. I am not injured in anyway but I have a feeling this is going to happen again as we commonly go out to this bar. What can I do if I was to call the police today, the day after, could I get him in trouble with just a witness? Is pushing someone in the manner he did enough to warrant police action. I have never delt with something like this and would really appreciate your advice reddit.
Does there have to be video evidence of the assault or are witnesses sufficient.
Regards.
| You can call the police. Let them decide if they wish to investigate |
My Son Had A Trust Fund Set Up From An Accident Settlement 10 Years Ago, Need Help Collecting Now That He's 18, In Texas.
| About ten years ago my wife and son were in a severe accident. There were hospital bills and physical therapy involved. The portion of the settlement that was for my son was put into a trust for when he turns 18.
A few years ago our house was broken into and much of our stuff was stolen including the storage box with those legal documents. So, now that he's turned 18 he'd like to have access to that fund but I can't remember the name of the attorney that handled the case and have no idea how to get it for him.
Any idea where I should start?
Topic:
Personal Injury
| >A few years ago
Honestly you should've looked at replacing the documents then.
Apart from the name of the attorney, do you have any of the following:
The name of the other party, their insurance, the other side's solicitors, any doctors who were involved (they may have billed the other side directly), any other professionals involved (accountants, financial advisers, etc).
If there was a court case involved, you can also see if you can search for records of that court case because it'll list all the parties and legal representatives.
|
Estranged family member said they would ‘ruin me’ with my SSN
| Long story short, I (early 30’s, USA) have an estranged relative who does not get along with me and while we haven’t spoken in years, some recent events really stoked those emotions. Essentially, they recently lost out on a big opportunity and while it is untrue, are blaming me for this loss.
Over the holidays my sibling bumped into this person and during course of the conversation, they told my sibling that that they had my SSN and were going to ruin my life down the road, they repeated this multiple times over the course of the interaction. My sibling and her partner who was present provided me with written statements of this should I ever need it.
I tend to think this was a statement made in the heat of the moment and that even while I don’t get along with this relative, I don’t think they wouldn’t sink so low as to actually commit identity theft. I also have no idea why they would have my SSN or how they’d have obtained it. However they are a lawyer so may have the means to do more than I am thinking they could and have a long history of erratic behavior...
So my questions for the community are:
1. Other than identity theft/fraud which would include this person breaking the law, are there other things I should be concerned about?
2. While I’m not certain they would actually do anything even IF they have my SSN, it’s not something to joke about. I’m not sure what action I’ll be taking if any, but are there specific steps I should take to protect myself?
| Freeze your credit.
https://www.consumer.ftc.gov/articles/0497-credit-freeze-faqs
It's a good idea to do it even if you don't *really* believe that this relative will steal your identity.Answer #2: Claim your Social Security account and then freeze your credit. Saves an step to unlocking it later. |
Referencing Skyrim in product title and line. Possible legal ramifications / work arounds - alternatives?
| So say I was interested in running a product line for drinks and I wanted to use the name "Tastes of Skyrim" as the name (note not business name). In the line different drinks would be named after different towns in the game and different drinks and food found in the game.
Now, im assuming that Bethesda can hold no trademarks on the towns names themselves let alone items name (ie. Blackbriar Mead) so I believe in this respect I will be fine. The main issue of course is the use of Skyrim in the line name. Can this be legally used without breaking the trademark Bethesda has on the name "Elder Scrolls: V Skyrim" since it is in a different field (drinks/food vs. Electronic works)? If not, what would you recommend I use as a replacement as I still want to pay homage to the games setting for the flavors used in the line?
For anyone looking for an example. Say I want to have a drinks flavor framed after the Black-briar mead from the game. It would be released under the name Black-Briar Mead. So it would be sold as "Tastes of Skyrim, Black-Briar Mead"
Thanks for taking the time reading this and helping out. I wasn't getting far looking into it myself, but then I remembered hearing about you guys on other subreddits.
Edit: (Forgot location after reading sidebar and sticky)
Location : Florida, United States
| The issue is trademark, not copyright.
Your approach is flawed a little. You're really asking who would win in a drawn out, expensive actual trial. This is interesting intellectually, but is not what you should be asking from a business standpoint. What you should be asking is "am I going to be sued", because you do not get attorney's fees awarded if you win. When you consider that Bethesda demanded that Mojang not use the single word "Scrolls" for the Mojang game, I think you know the answer.
But as to the intellectual question, this is kind of a cool idea for the hardest core fans, and it's true that when you register a trademark it's only for certain product types; but I think a judge would probably rule that a reasonable person would conclude that Bethesda had produced this, or licensed the name or otherwise authorized it, since the names are so closely tied to the game; so you'd lose.
|
Roommate smoking in room. This is in Michigan
| My roommate in college who I was randomly matched with smokes a lot in the room, both legal and illegal substances. I have constantly told him numerous times to stop. He simply tried to do it in his individual room with the door closed, window open, fan blowing and piece of paper covering his vent. It still smells up the whole apartment. I have told the apartment manager and she told me they have to catch him in the act. But she also said it is a lot of paperwork to evict them. What options do I have from a legal aspect to deal with this. Sometimes he doesn't even do it in his own room. I came home the other day and literally left to go stay in a hotel because I couldn't stand the smell in my own room! Can I sue for damages?
| You could report him for the illegal substances. Unless you have damages such, you've nothing to sue him for |
Doctor denied me handicap placard after brain surgery and losing half my balance organs. Fell into planter at Home Depot exiting my vehicle. Is the doctor partially liable if I were injured?
| I'm fine, but my balance is an issue and always will be. I have fallen at home and in public, and this incident had me asking this question. After surgery one doctor removing my stitches told me "California does not issue placards for this.", but I think that was a lie.
| If you were that unbalanced, could you safely drive? Also, how would a handicap placard save you from falling? Would he be as liable if you fell on pavement? Should you drive if there isbabchance youcoukd get dizzy or unbalanced?Answer #2: Not to be an asshole or anything. But if you're having theses issues while walking, should you even be driving? |
Looking for specific supreme court case regarding taxation,welfare, and a tax "pool".
| I can't think of a case and it is killing me, but I believe it involved someone challenging a welfare program like WIC or SNAP something. I could have been dismissed on standing.
I believe ruling basically said:
* Taxes on your income were never yours. They were always the governments
* So many taxes are gained by the government, you can't prove a significant amount of YOUR taxes went to pay for any program.
* Therefore you can't object to taxation on moral ground because they were never yours and you can't prove where they go.
| Sorry. In accordance with the Obama Benghazi act we can't provide it.
|
Found 2way mirror into locker room at my gym, could I sue the hell out of these people?
| When I was 16, me and a group of friends noticed the door to the janitors closet was open and inside there was a hole cut into the wall with a two way mirror on the other side (a mirror I used to regularly change in front of). We were all extremely confused but just kind of forgot about it. Well, I just remembered this and talked to one of my friends that still works out at that gym and he told me the fucking mirror is still there as he's seen it recently! This is 6 years later and no one has done anything about this! Some freak was probably in there videoing me and my friends changing and also videoing kids even younger than us. Could I sue the hell out of these people and be looking at a potential cash settlement? I'm located in Louisiana.
| Probably not since 6 years have passed. Your window of personally being affected and bringing suit has most likely passed. Even if you could a cash settlement requires some kind of damages and you haven't suffered any harm besides being really mad (for example no nude pictures of you out there that have ruined your life, no blackmail inducing mental torment) so basically your life hasn't been affected at all. Also in order to sue the place you basically need to be able to prove that either they knew or beyond a doubt should have known what their employee was up to. I'd just call the police and leave it at that. |
Have I been "involuntarily committed to a mental institution"?
| Ten years ago, I was in college and took too much Xanax and drank at a party. I was picked up by the campus police for being disorderly and taken to the hospital because of how I was acting, which I thought was totally unnecessary at the time. I vaguely remember hurling epithets at everyone in the hospital lobby in the hope that they would send me home, but instead they "302'd" (involuntarily committed) me and sent me to what I suspect was the hospital psych ward. They questioned me and determined that I wasn't suicidal or a threat to others, and a few hours later I was released to my parents.
Fast forward a few years: After taking a few years off, I re-enrolled in an engineering program and graduated at the top of the class, got a Master's, and have a very successful career. I don't do drugs anymore and obviously I regret saying awful things to people that day.
I tried to buy a gun years later (for protection and as a hobby) and was denied, and a few weeks later a cop called me to tell me that l committed a felony firearms violation for trying to buy a gun and they wanted to talk. No charges were filed, but apparently I am prohibited from owning a gun because of the above incident.
While there is little excuse for my behavior that night, it was the side effect of a drug overdose. I was angry that I was being taken to a hospital. A couple questions:
1) Is there any way to remove this? I was not suicidal or a threat to others. It's my understanding that this is the justification needed for a 302.
2) Recently I applied for TSA Precheck, and there's a question asking if I've ever been "determined to be lacking in mental capacity or involuntarily committed to a mental institution." The TSA says the first part of the question is asking whether I've ever been found "not guilty by reason of insanity". How about the second part? The term "mental institution" carries a heavy connotation here.
| This would be for a lawyer to figure out. The term "mental institution" and "psychiatric wing of a hospital" may be different enough for you to prove that it was less than an overnight stay and not long-term. |
[Serious] I[M/23] am on felony probation in Austin,TX/Travis county.tested dirty on two UA's and now my PO is recommending inpatient program.i didn't sign the papers to agree that I'll turn myself in and I need to find a way around it.
| So I've recently been released from jail on deferred probation and I tested positive for multiple narcotics on my initial visit.my second visit a week later I tested clean for any illegal substances but I had a drink at lunch 2 hrs before.
My probation officer and her supervisor recommended that I go into a inpatient program for 4 months and wait in jail until a bed opens up.also there's a 10 week wait on that so all together it would be a little over 6 months.
If I don't sign the papers to commit myself into the program then they have to present the papers to a judge and then I'd have to do whatever the judge recommends which could be much worse or less harsh.i need to know whether too sign these papers or hire a lawyer and fight it.
HELP PLEASE!
I
| We can't possibly decide this for you.
Clearly you have some substance problems for which you need help.
If you want to go on your own, then sign them.
If you want to let the judge decide what will happen, then don't sign them. |
Can I be fired if...
| First let me say I am a contractor for a large health organization in central Ohio. What I am trying to find out if I can be fired for asking two women out in two years that work at the same company but I did it at home through texting on the first one and okcupid on the second one? I saved all the text messages from the first one because we spent three hours on Saturday texting and then another couple hours texting. Then on Monday she accuses me of sexual harassment. A year later I ask another woman out through OkCupid but now I have a meeting with a manager and a supervisor of that company at 4:00 PM on Friday. Could this be grounds for unlawful termination? I've been a contractor with this company for over 1.5 yrs.
| I've asked lots of women out for a date. Zero sexual-harassment complaints. And you went two for two here. I think you really need to go over your technique?Answer #2: 1. Why do you think it would be unlawful?
2. Stop hitting on women you work with. |
Injured by someone at the gym. Can I have them pay the hospital bill?
| The person in the squat rack next to mine had 315lbs on the barbell. He started to take the 45 plates off from the left side of the bar only, leaving 135lbs on the right side of the bar. The barbell flipped over off the rack and struck me in the side of the head. I suffered a concussion and had to go to the hospital. Is there anything anyone would suggest I do? There are also cameras in the gym, I'm sure one of them has footage of the incident.
Location: Boston
| Definitely a case here against the idiot weightlifter - unless your contract with the gym prohibits it (doubtful but possible). |
Can my employer require an hour notice for using sick time?
| I live in California and my shift starts at 6:00.
Can my employer legally say that I have to call in no later than 5:00?
I can't find anything that specific but so far it doesn't seem like they should be able to say anything as long as I have the sick time available.
Topic:
Employment Law
| Usually people know an hour before work if they're sick. It doesn't pop up that quickly. What problems do you have giving your employer more time than a last minute call? |
I called 911 and the cop didn't talk to me or split us apart and left me with him. I was raped the next morning and got away and called again. Now the police are making me out to be the bad guy. What can I do?
| I dont know if i can go into details right now but i need to know what to do. The police detective doesn't even have the toxicology report or rape kit results and is threatening me with DCF, saying bc drugs are involved it's my fault, that because i called 911 the night prior and didnt even say anything it looks bad on me. I can't take it. I thought they wTee supposed to help me...
| I'm sorry that happened to you.
This is likely beyond the ability of this sub to help you with.
The police are not required to investigate any particular crime nor to charge any specific person in an incident.
If you feel you're being mistreated, then you can *absolutely* file a complaint against the officer or detective with the department.
For more specific information, you might want to get a (free) consultation with a lawyer.
Also, get some help- lots of victim's groups are available out there.Answer #2: The National Sexual Assault Hotline at 800.656.HOPE (4673) will be able to connect you with someone in your area who can give you more specific help; a local advocate is probably going to be your best bet for support.Answer #3: I'm sorry this happened to you but a better narrative is needed. who did this to you? Why did you initially call 911?Answer #4: Okay, it sounds like something terrible happened but your post doesn't make a lot of sense.
Why did you call 911?
What happened when the cop arrived to your location?
Who raped you?Answer #5: In addition to seeking the help cited elsewhere in this thread for your immediate safety, you should also start documenting/memorializing all your interactions with law enforcement in case you end up wanting to pursue matters related to potential misconduct.
At the earliest opportunity, take detailed notes of all your interactions with law enforcement to date. Keep it factual, not speculating with opinion. And do so for any interaction in the future. Make sure to discuss with whatever support you can get on the matter, and consider discussing with an attorney. |
[CA] It's suspicious to have a lawyer (Dana Ewell case)
| I've been watching Forensic Files on Netflix. I am referencing Season 11, Episode 40 "Two in a Million".
Dana Ewell got three life sentences for murder.
In the show, they discuss how when they wanted to question him/interview him that [no innocent person would get an attorney to answer questions](https://www.youtube.com/watch?feature=player_detailpage&v=yk5k4FhgKaA#t=588).
Isn't an innocent person supposed to have an attorney because the police will try to pin a crime on any suspect no matter what? How would it be suspicious to have a criminal attorney to proxy your interaction with the police? I mean, if you're being charged with the murder of 3 people, it seems pretty reasonable to retain the services of a criminal defense lawyer.
My understanding is that hiring a criminal defense lawyer is not supposed to place reasonable doubt on an individual accused of a crime.
| > Isn't an innocent person supposed to have an attorney because the police will try to pin a crime on any suspect no matter what?
No, the police will not "try to pin a crime on anyone". That's not how that works. Having an attorney is not a bad idea, but it's certainly *not* because the police are going to randomly make up charges.
> My understanding is that hiring a criminal defense lawyer is not supposed to place reasonable doubt on an individual accused of a crime.
Having an attorney cannot be used against you as evidence. That doesn't mean that the people involved can't think it strange or weird. Opinions are different from evidence. |
Would an insurance company continue to defend a client who breaks a settlement agreement?
| I commenced a suit against the building next door's management company and the building itself. Their insurance paid for their lawyers while I paid mine out of pocket (this makes a huge difference in leverage - their insurance company obviously has much deeper pockets than I do).
However the defendant has about 10 days to meet the requirements of the settlement agreement and I don't see how he can do this.
My question is, will the defendant's insurance company be required to pay for his lawyers again, when the defendant breaks the agreement. My hope would be NO so that I have more leverage to force a capitulation etc.
| I'm not sure, but it sounds like you hired an attorney so you should give them a call. You paid for their services on this lawsuit, the least they can do is give you an answer.Answer #2: The answer is "maybe," and will depend on the type of suit, the terms of the settlement, the type of insurance, the jurisdiction where suit was brought, and the language of the insurance contract. Your attorney will be in the best position to answer this question.
|
Just finished my pre-law major and I'm not sure law is for me. In your legal opinion, is it worth it?
| What do you do?
What is your day to day life like?
What are the people you work with like?
What do you love?
What do you hate?
| > I'm not sure law is for me.
Then it isn't. Answer #2: This sounds flippant, but I really mean this. If you're not sure law is for you, then don't go to law school. It's a very stressful and competitive career, with increasingly poor job prospects, and universally the attorneys who struggle the most are the ones who weren't completely positive they wanted to be attorneys in the first place. |
What is the legal definition of "cohabitation"?
| My parents got a divorce a few years ago and my dad has to pay a ridiculous amount of alimony despite it being her who requested the divorce. I want to help him out to stop having to pay and one of the conditions is that she only gets paid until she remarries or is cohabitating with another person. She is indeed seeing someone and I am fairly certain they are spending many nights together, which lead to my question. Is there a set legal understanding for the word cohabitating? If so, what would be necessary to prove that they are?
Edit: we are in Utah
| Stay out of this. It's between your parents. |
Landlord died and his heirs are selling my home of 6 years in CA. Just had a baby. Help.
| I just spoke to his step-daughter and she says they're going to sell the house, she is not the only benefactor. I asked if I could stay through the end of the year. She said she'll speak to her estate lawyer. She was upset and couldn't give me any sort of time frame, so I repeated myself asking to live there through the year so she wouldn't have to make a decision. That made her more upset, she didn't appreciated being pressured in her "state".
The last lease I signed was in 2013 for the year, and I'm month to month after that. No written notices have been served. What can I do? It's my home, it's full of art of furniture and it'd be a huge burden to leave before the end of the year.
| The executor of the estate has to give you 60 days written notice, either delivered to you personally ("personal service") or posted on your door and mailed via certified mail ("Nail and mail", aka "substitute service"). Email and verbal notice don't count.
If you can't be out by the end of the 60 days, it's possible to drag it out, but that comes at a price: You risk facing an eviction hearing, and losing an eviction hearing makes it very difficult to find decent places to rent. Evictions don't expire, and you can't expunge them, so there's no limit to how long they'll show up in a background check.
In California, the city you live in matters very much, though. If you live in San Francisco, contact the Eviction Defense Collaborative. In Alameda County, the rent stabilization board in downtown Oakland. In Sacramento County, I know the Sac courthouse has free assistance at the Carol Miller Justice Center.
Other large municipal areas probably have similar services or advocacy groups that may help you through the process.
It pains me to say this, but you should know as early in the process as possible: If they're intent on making you leave, it's only a matter of when, not if.
|
[CA] Gf hit parked car with no license, mine is suspended
| My gf hit a parked car and she has no license mine is suspended due to pending dui and I only have liability insurance. I can pay out of pocket but how deep in trouble am I in? What should I do? What do you think is going to happen to me?
| >What should I do?
**Stop driving without a license** |
Turn off internet legally after 11PM
| The tenant's children (9 years old) plays video games and yells loudly in the night. The tenant is super rude and careless for other people. I am wondering if I could turn off the wifi from 11PM-7AM. I am in California. Thank you in advance.
| What does your lease say about it? Does your lease allow you to control internet access? |
Looking for advice on how to deal with a neighbors rooster crowing.
| Hi everyone,
I have a neighbor who has a rooster that does his little rooster ka every damn morning. I wake up every morning around 5am because of this animal. I want to call the police because of noise ordances but what exactly can they do with a farm animal. I live in southern California, S.D. to be specific. I have no idea what to do. Please help.
Thank you,
Abstract
| First you need to find out if roosters are legal to own. That would be a city ordinance. |
Accused of harassment/stalking, found not responsible, now banned from attending classes next year
| This is my first time posting here so I'm sorry if I didn't do it correctly. I broke up with my girlfriend last March and almost immediately started seeing another girl. She became jealous and tried to break us up, and then reported me to the college for stalking and harassment.
This was pretty surprising to me, because I never contacted her unless she initiated, but anyway there was a hearing in front of a panel. She made a fool of herself (in my opinion) by making accusations like I must be following her around because she kept seeing me, which is obviously going to happen because it's a small campus. She also said I kept texting her when told not to, but was unable to produce these texts, because they don't exist.
Anyway, I was found not responsible and her claims were found to be unsubstantiated.
However, here is the catch. I was told that I would not be able to enroll in any class that she is taking, for the safety of all parties. This is a major problem since we are both the same major, and our major classes are only offered once a year. I discussed this with the dean's office and they suggested that I either take a year off and wait for her to graduate, or try to arrange with the professors to have the class videotaped and watch it at home. Neither of these options are acceptable, and I don't see why I should have to disrupt my education when I haven't done anything wrong and she was clearly making false claims about me.
I don't know if I'm yet in lawyer territory here, but classes start in 3 weeks so I need to get this worked out by then. Another complicating factor is that I live in California but attend school in Texas, and I won't be back in Texas until a few days before classes start, so I can't attend any meetings in person. Please let me know how to proceed with this.
| I’m not a lawyer but I work in higher ed-this is lawyer time, OP. If you’d been found responsible of the charges this condition would be reasonable, but you as the accused shouldn’t be punished if you were found not responsible. I’d specifically look for an education lawyer, and one not directly affiliated with the school like a law professor because they won’t be able to represent you.Answer #2: Contact FIRE (Foundation for Individual Rights in Education). They might be interested in your case.
www.thefire.orgAnswer #3: Are they sending you a list of classes she is in? That almost seems...backwards. Answer #4: Hire a lawyer and fight it. I had a similar experience. The university tried to ban me from the central cafe which is located in the dorm she lives in. Where else am I supposed to buy lunch then? I talked to a lawyer and told my university about it. Their tone immediately switched and changed the mandate. The university does not want this kind of publicity. Answer #5: If you look up lawyers who are involved in campus sexual harassment cases, that might be helpful for you. There are a few lawyers who specialize in these cases from the accused person’s side, and they may be able to help you come to a resolution with your school.Answer #6: I'd ask for another hearing she started this have her agree to being in the same class or let her be the one to take a year off, why did they choose you. |
A company lost my phone and now my privacy has been compromised. What is the best way to deal with this legally?
| [deleted]
| Sue them for what? Ask them to pay for a few months of credit monitoring. That's really all you are entitled to, at least at this point. |
[AK] Roommate's GF will not contribute to household bills and lives here 5/7 nights of the week. Also may get us evicted. How do I handle this?
| This is a roommate issue not a legal issue. You have no authority to evict her. You need to have a "house meeting", preferably with the gf not present. Explain to him how damaging an eviction will be to all of you. Be firm she remove the dogs and NOT bring them back. Her staying over *may* not be grounds for eviction. The dogs absolutely are.Answer #2: If she's not on the lease, your landlord would presumably be interested that she's there, particularly if your contract specifically mentions not having people to stay for longer than a specified time...though this will likely cause problems for your friend. |