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Question about a brother-in-law's second aggravated DWI
| Rio Rancho, New Mexico. Rio Rancho is a separate city from Albuquerque NM, with its own Mayer, but they are physically attached and if you were looking at them from space they would appear to be a single city, so Albuquerque may be pertinent to the replies here however this incident happened in Rio Rancho and RRPD handled it
Ok this post is longish but if you know about how DWI works in this area... my brother in law got a dwi about 2 weeks ago. He is an alcoholic and he unfortunately does stupid stuff, which would seem to include driving while drink and crashing his car. No one was hurt but his car got wrecked and that means he got a aggravated dwi as opposed to a regular dwi.
This is his second offense, he got an aggravated dwi back in 2005, though he didn't crash that time. Back then I didn't really know him as well as I do now so i didn't know about the legal process details he went thru, all I really know is he got a breathalyzer in his car for a year. He had no further incidents of any kind for the next 12 years, that is until 2 weeks ago.
I know this because I had to go pick him up from the balebondsman place that gave him a ankle monitor, not for house arrest, the gps was turned off, but instead for alcohol monitoring. Apparently they have some fancy tech that can tell if you've consumed alcohol through your skin using this ankle monitor, which was surprising to learn but apparently that's possible. Anyway it's to make sure he doesn't drink until his court date which is in February.
I really don't know much about this process but I wish to understand whether or not he is at risk of losing his license forever. He doesn't really want to discuss the details with me so I am hoping someone at Reddit could provide a few basic answers.
He was taken to the hospital and released to the drunk tank the same night, which I found out when the Rio Rancho police dept surprised me with a call on my day off. Brother in law called me from the jail and told me he would get released the next day after a judge saw him or something? And setup a court date for the aggravated dwi charge which turned out to be in February and he would be released with the ankle monitor till that time.
I ask because while I was at the bondsman place waiting for him to be released so I could give him a ride to his house (his car was impounded and wrecked) the bondsman was explaining that he has to file for a judge to give him back his license within 10 days, and he can go to the MVD and get a new license just by telling them he lost his, which he did the next day and got a new license (well the paper temp one which he will hold till his new one arrives in mail, but they did issue a new one)
He was driving, legally!, within 2 days of the wreck in a rental loaner car given to him by the repair shop while his wrecked car was being estimated (which ended up being totaled) using his legally replaced temp license he got from the mvd the day after his release.
His insurance company for his car worked really fast and already totaled his car and GAP took care of the wreck so he already purchased a replacement (2016 used) car within 2 weeks. This was important because he commutes to Santa Fe (city 60 miles away) and he MUST have transportation or else he will lose his job.
So that's where im confused... he was able to get a new license AND a new car,within 2 weeks of his second aggravated DWI, and was legally driving 2 DAYS after it.
Is he going to possible loose his license at the February court date? Or how is that going to work for him?
Is this how people with 15 dwi continue to drive all over our state? Is it really that easy?
Can someone please give some insight or share some knowledge and help me understand what's going on here?
Topic:
DUI
| Ooof rough state to get a second DUI- they stay on your record for 55 years so this will be treated as a second offense.
He needs a lawyer. Badly.
He will most likely end up losing his license after he is convicted. |
[USA-MI] Mom broke her ankle and can't work, what can she do.
| TL;DR My mom is a massage therapist at a local chiropractor, she recently fractured her ankle in three different places playing laser tag with my younger brother at a church hosted event, she hasn't been able to do her job for the past week, and can't for at least the next two. What can she do?
Two weeks ago my mom went out with my little brother to a church hosted laser tag event for their kids study group, the event was hosted at one of their other locations then we're used to going to, so she didn't know the place much. She ended up falling down a small staircase (2 steps) and fracturing her right ankle and spraining her left. She hasn't been able to do her job (massage therapist at a local Chiropractor) and has instead been working for 3-4 hours every Tuesday and Friday at the front desk for the past two weeks since it happened, she just found out today that she has to get surgery on her ankle now because its not setting into place right, and won't be able to work for at-least the next two weeks, we don't have much income besides her.
What can/should we do?
| She could look into short-term disability, but other than that, really not much. Sorry. Answer #2: Did she sign a release?
The local Chiropractor probably doesn't have 50 or more employees so FMLA protection is out. If they don't let her return to work once she is medically cleared she can file for unemployment. |
Current landlord requesting personal information. I'm worried about identity fraud and can't see why they need this. [NJ]
| My partner and I have lived in our one bedroom apartment for over 1 1/2 years. We have never missed or been late on rent. We are not due for a renewal anytime soon. Our landlord/rental agency has sent us a request for more information and they are stating: "this document is extremely important so we can ensure our records are up-to-date with all your current information", which to me seems like a flimsy reason. It also makes me wonder what other bits of our information they have.
As far as I understand, once they run a credit check on us, they are required to destroy that information. Does anyone know what they are allowed to keep in our file? Names and occupation I assume. Anything else? Bank info?
According to this spreadsheet they sent, they currently have: full names, cell numbers, email, car make/model, license plate #. When they requested the car stuff, I questioned the legality of it, but the lease does say our car must be registered and have a current inspection.
They are requesting: drivers license state and #, additional occupant name, age and relationship to us (we had a child <1 year ago and I don't want to put their information out there if I don't need to). Why would they need this? Can they request it?
Our credit information has been compromised by two agencies (hacked) this year so I'm not too keen on giving out our information even if it might seem insignificant. They just keep requesting little bits of it here and there and I wonder how much they have vs. actually need.
Edit: they are also requesting work addresses
Edit 2: thanks for the replies! I think I'm mostly just nervous because our stuff has been hacked. I'll just give it to them and then request they hand over my file or shred it once we leave.
| full names, cell numbers, email - So they can contact you for various reasons
car make/model, license plate # - So they can call you if your car is on fire, or your alarm is going off, or you are blocking another resident in. Or maybe so they don't accidentally tow your car for parking there.
drivers license state and #, additional occupant name, age and relationship to us - Normal, most rental leases require a listing of residents, and require the additional occupants be added as signers on the lease once they turn 18
they are also requesting work addresses - Probably so they have an alternative contact address for you if you end up defaulting on the lease. |
Why was she sentenced to prison and not a mental hospital? [TX]
| Someone who commited a crime like this seems like they should be sentenced to life in a mental institution, not a prison.
http://www.cnn.com/2014/07/16/justice/texas-ricin-actress-sentenced/
| >a crime like this
We don't send people to metal institutions rather than prisons based on the type of crime they commit. |
Can the police legally search my friend?-New Jersey
| Me and my friend went to the mall yesterday to get food. Prior to entering, we hot boxed my car in the parking garage. Reeking like weed, we walked into the mall. We went up the escalator and as we are going up, two cops start to go down.
We get scared shitless cause we know we reek like weed and my friend has a gram on him. The cops smell us and tell us to go back down. They proceed to search us and they find my friend's weed. Now he has a charge pending for possesion under 50 grams.
Could he legally get out of this since the cops basically profiled him?
| No. The police didn't "profile" him.
The officer smelled marijuana on your friend and formed probable cause to search him. The search was almost certainly legal.
Your friend needs a criminal defense attorney now.Answer #2: This entire post is a testament to why you should quit smoking pot.
> Reeking like weed, we walked into the mall
>>Profiled him
smhAnswer #3: Profiling based on race/gender/religion/age/etc, is illegal.
Profiling based on smelling like you just hotboxed and are dumber than a sack of rocks, is legal.Answer #4: Should've left the weed in the car, not like you can smoke inside the mall anyway. Carrying it around unnecessarily while reeking of fresh smoked weed is why he's looking at charges. They had reasonable cause to search him, he needs a defense attorney.Answer #5: Stop doing illegal things and you won't have to wonder if evidence of illegal things gives cops the right to search you for said illegal things.
And yes, they not only could search him, they have one of the most rock solid reasons ever to search him.Answer #6: That's not profiling. Like, not a little bit.Answer #7: >Could he legally get out of this since the cops basically profiled him?
You mean, they smelled that somebody either had weed on him or really recently had used weed. Nothing illegal about that. |
Wrongful Death Question (I am in Illinois, but am asking in general, if that is possible)
| In a Wrongful Death award, if the defendant is convicted in criminal court and incarcerated, who pays the plaintiff? Burden of payment isn't on the American taxpayer, is it?
| only the defendant must pay, if they ever have the money, usually it's not gonna be paid back. |
Rape by Deception (California)
| California.
Long story short - met a woman at a bar a few months ago. Hit it off about some legitimate mutual interests, before the conversation pivoted to more political and lifestyle oriented topics.
I lied about quite a few things (political party affiliation and beliefs, religion, dietary choices, work, etc.) to convince her to sleep with me. Went well and we were casual hookups with each other for a while. Not sure if relevant, but the first 4 or 5 times we had sex we were both entirely sober, so no question of consent in that area.
She found out I lied about most everything and is accusing me of rape by deception, on the basis that she would have never consented had she known the real me.
Fair, but ethics aside I want to double check on the legal aspect of the situation.
I've stopped responding to her and have not been served with any papers. My understanding from Google is that rape by deception does not apply in this case, and is geared more towards pretending to be their significant other or spouse to coerce them into sleeping with you.
So 1) rape by deception, yea or nay? And 2) if served with papers, what kind of a lawyer should I hire?
Thanks.
| It is incredibly unlikely that you'll get charged with anything, nor get served with anything. |
Wife got into a car accident with low visibility due to potential illegal parking - please help
| My wife was driving in a residential area of New Orleans when she came to a stop sign. She looked to her left but her line of vision was obstructed by a car parked and so slowly inches forward. Still with an obstructed view she drove forward and was struck by a car driving perpendicular to her (who didn’t have a stop sign).
The damage to the other driver’s car was cosmetic but our car’s tire is bent in. They exchanged information and my wife said that multiple people came up to say that this was a common occurrence at this intersection. My wife then called me - she didn’t get anybody’s testimony of the events and the other driver convinced her not to call the police because “they wouldn’t come anyway.” Turns our a cab driver was parked on my wife’s life too close to the intersection (I called New Orleans parking who said you can’t park 20 ft from an intersection). He had been obstructing her view.
I told my wife to take a pic of the taxi, which she did, and he drove off. Can anybody help me in seeing how to move forward? We have insurance but I’m concerned that we are going to get roasted because of this.
P.S. - my wife is physically okay so far as I can tell.
| It would be still her fault for pulling into an intersection without it being clear |
[Ohio] About to turn 21 and want to get into online gambling
| Hey pretty simple question, but I'm pretty far from a lawyer so as I have looked it up I'm not really getting a clear answer, and if I get what I want to hear I am skeptical because I can clearly see why sites would want me to believe playing on them is legal.
So pretty much I'm from Ohio, and my dad used to play online poker almost every single night and he loved it and I enjoyed watching. A few years ago he stopped playing and told me that it was now illegal in Ohio and was super disappointed.
I'm about to be 21 now and have recently rekindled my interest in gambling, and was wondering if there were any work around and decided to do some research, and all these sites are saying that there is technically no law against it so its fine, and at the very least if some sites dont let you on a vpn would make it easy. So here are my main questions here:
1. If I am able to without a vpn log into and play on a site, would that be illegal? Could I get in trouble for this?
2. If that is legal, but certain sites I would like to play on blacklist me because I have an Ohio IP, would it then be illegal to use a VPN to get onto there site.
Really appreciate the responses! Also if this is the wrong sub I'm sorry, wasn't sure if /r/law or this was best.
| Online gambling is illegal. Just go to a casino if you need to gamble that badly |
Landlord doing petty things to bully me. Also extremely loud (she lives upstairs), and blaming me for getting sick all the time. WARNING: Long story but pretty interesting
| I started renting a basement room about 5 months ago for school in MA. I have never once had issues with a landlord in the past 5 years that I have been renting from landlords/living with roommates, until now. One of the things that I emphasized to the landlord was that I was looking for a very quiet place to live. Before renting the place, I asked her if she could walk upstairs so that I could see if it would be too loud for me to live in the basement. I couldn't hear her at that time (because she was walking so quietly), and she assured me that if there was any issue, she would gladly work things out with me. She also seemed very nice.
Fast forward to the first week of move-in. Her walking was extremely loud, and she wakes up at 4-5am and woke me up every single day due to the noises. It was extremely stressful, and my whole life was being affected because I was tired and stressed all the time. I couldn't pay attention in class (on top of already dealing with depression and ADHD), and I felt like a zombie. I talked to the landlord to see if there was anything we could do. She said she would try walking more softly, but it only helped for a week and it was back to how it was before. The kitchen is right above my room, and she slams cabinet doors, drops things, throws things onto the counter (dishes, frozen food, etc), and her dog runs around all the time and makes a lot of noise. I had a talk in person with her after the first time about the noise, and she said that if I want to move out, she would not hold me to my contract (11 month lease). However, I have a lot of belongings and I don't have time to be moving in the middle of the school year.
I tried moving my bed to different corners, sleeping inside a tent made of a thick blanket, having 3 white noise machines running, ear plugs, earphones (which hurt my ears like hell). None of that kept me from waking up from the noise. I never had issues sleeping before. My grades started slipping, I was becoming extremely depressed and anxious. I had to start seeing a counselor and a psychiatrist so that I could keep up in school, and started taking anti-depressants again (last month) which I haven't needed for almost 2 years.
The doctor recommended me some sleeping meds, but I had bad experiences with them and I don't like to take meds. As of last month, I started smoking marijuana on the nights before the day that I really needed to be rested (tests, presentations, etc). I was smoking extremely small amounts (I have a very low tolerance) 1-2 times a week, and right next to the window with a fan blowing out. Her daughter is visiting for break which I didn't know about, and they were making so much noise yesterday that I had to go up and ask the landlord to please be mindful of the noise.
This was when she got really angry and asked me if I have been smoking in my room. I told her yes. Apparently, without my permission, the landlord went into my room two days ago and saw my pipe (I have the footage on camera). She said that she is extremely sensitive to smoke and that she has been sick every day since I moved in, and that I lowered the value of her home due to the smoke. She informed me that she will be telling her doctor that I made her sick by smoking in her home. She sounded like she was ready to sue me or kick me out. I apologized about smoking, told her that I've smoked 4-5 times and not since moving in, and assured her that it would never happen again.
She has also been moving my things around for no reason (in the bathroom which is supposed to be "private", and solely used by me), bending an LED night light that I plugged into the living room after I walked into a furniture. She said it uses too much energy, I assured her that it uses about $2 of electricity per year, but apparently she doesn't like the idea and keeps bending it towards the wall every time I fix it. She also asked me to change all of my detergents to natural detergents (which are like 2 times more expensive) because it might be making her sick. She did not offer to pay for them.
This whole situation really sucks. My parents are old - father has cancer and mom's showing early signs of Alzheimer's. I graduate this May and want to do nice things for my parents, and I also want to do well in school which is the best thing I could do for them right now.
I've got 5 more months in this place. What else can I do right now to protect myself? What would you do in this situation? Moving out/legal battle would be the last resort.
TL;DR: landlord doing petty things to bully me, is very noisy, and it's affecting my life. Also said I made her sick for 5 months. Politely discussing with her 4 times about it hasn't helped.
| What do you want to happen here? A court will not order your landlord to get up later or to be more quiet in using the kitchen. The best legal outcome would be to terminate the lease early which it sounds like the landlord has already offered to do.
The landlord entering your room without permission sounds like a potential issue. Do you have a written agreement and if so what does it say about landlord entry? |
Ex put money in my savings account. Now he's asking for it back. Do I have to oblige? (Ohio)
| Background: I am polyamorous. My two partners and I were dating another person for a while. We were all intending to move to a bigger apartment, so we we're saving up for it. We have about $800, and $90 of that was deposited by the ex. He sent it through my other partner's PayPal account. We didn't make a contract or anything.
We broke up with him because he sexually assaulted one of us.
Now he's demanding the $90 back. Am I legally obligated to return it?
| It wasn't a gift so yes. You have a contract if you have an agreement of what the money will be used for its just not a written contract. |
My friend's daughter was killed by her husband. Her husband also sold her car (it was in his name). My friend and his wife are suing the person who bought the car from the dealership for 100k even though the dealership bought the car back and gave it to them. Why would they do this? (FL)
| Posting anonymously because my friend knows I'm on Reddit. Him and his wife threatened to sue the dealership after they gave the car back but the dealership got a lawyer to send them a letter. So they are suing the woman who bought the car for being an accessory and emotional damages. She didn't even know and bought the car from the dealer legally. Should I try to talk him into dropping the lawsuit?
| This makes no senseAnswer #2: >Posting anonymously
The facts are bizarre enough that if they see this they will know it is about them.
Most likely they are grieving. People do all kinds of crazy things based on the type of anger that this situation could cause. They have no basis for the lawsuit, and likely will not be able to find any lawyer willing to take it on. Answer #3: They're doing this because they're devastated. If they were thinking rationally, they'd realize that suing the person who bought a car from a business who bought a car from the legal owner of the car who had every right to sell the car (even though he's a fucking monster who killed their kid) makes absolutely no sense.Answer #4: >Why would they do this?
Because they're not grieving well. |
(MI) smoking over food and immigrants in Asian restuarant.
| I've been working at this restaurant for about a year now as a delivery driver. Even though I don't work directly in the kitchen, I have to go in there from time to time to grab take out orders. A lot of times the chefs will be smoking over the food as they are cooking or cutting Vegtables. Most of them are illegal Mexicans and a couple illegal Chinese. Is there anything I can do about this. The restaurant is pretty corrupt. The manager is kind of an ass too. What are my options such as do I call the police?
| Contact the Dept of Health and Safety to send a food inspector to fine this place and shut the place down. |
I have been informed my property value has diminished has due to dumping of the chemical TCE by a manufacturing plant near my home, what are the chances of recovering the value (or any compensation) from company that did dumping?
| Missouri - Article describing the matter
http://m.lakenewsonline.com/news/20160225/dnr-holding-public-meeting-on-indoor-air-quality-investigation-in-camdenton
| First of all, who told you this? Secondly, has your property been tested for TCE? |
Are you allowed to kill people if they invade your home in war in Canada?
| [removed]
| If the enemy has invaded us to the point of getting into houses there will be no cops around to arrest you for killing them even if it was illegal. |
If police can lie, what's the point in asking if your 'free to go'?
| Generally cops are allowed to lie about facts (e.g., we have you on camera) but not legalities (e.g., you are free to go). As others have pointed out, what is lawful doesn’t dictate what happens on the ground, and there can be evidentiary consequences for an unlawful seizure. |
|
Do I have a valid employment discrimination case?
| Some background: I have been with my company 7 years and am a personal assistant/secretary/administrative assistant and I just returned from A 4 month FMLA maternity leave last Monday. Upon returning my boss told me that while I had been gone the girl who was covering for me(and had only been covering for me for the last week of my leave) was meeting her needs better and that I was being moved to another part of the department to be an assistant to someone else that reports to her instead of her directly. They kept my salary the same but reduced my pay grade which determine the % I receive on my annual salary increase...so basically i was demoted without ever receiving any kind of formal counseling or really any actual information as to what I did wrong
Others have told to me talk to HR and someone even said they were going to submit a claim on my behalf....I just don’t know what my options are.
| > 4 month FMLA maternity leave
FMLA protects your job for twelve weeks. |
[MI] was just charged with marijuana possession, Michigan votes to legalize it Nov. 6
| Hey all, I’m new to this sub and I’m short on time so I hope this post qualifies for the rules but here we go. I was charged with a Pom and my court date is oct 2. We vote on Nov. 6th on to legalize it. My question is am I able to appeal the charges even though this time limit is past the 30 day mark? Would my charges be dropped or would I be stuck on probation for something which would be legal.
Thank you for some advice
| It was still illegal at the time you were caught with it. Future actions won't affect it, unless there's language in the bill making it retroactive, and there's still no guarantee that a vote will even pass.
Your best options at this point to minimize issues is to get an attorney. |
[PA] Apartment management forcing us to get rid of support animals
| Hi all, sorry in advance for the long post! I'll throw a tl;dr at the very bottom.
Let me preface this by saying we've never had so much as a noise complaint brought to our attention in the three years we've been here across 5 different office managers. Never a single day late on rent despite serious ongoing issues such as our ceiling caving in due to their faulty sprinkler system.
Two or three days ago we had a plumbing issue in our apartment that I fixed myself. The maintenance supervisor came by and checked on everything, then left. Yesterday they called to say they had a complaint about the smell and were going to do a check, ok perfectly fine.
Today the office manager came to perform the check, walked into the apartment about 4 feet and then walked back out saying it smelled like urine and it must be the dogs (both trained) so we'd have to replace the carpet at our cost. Told them I hadn't even noticed a smell before the plumbing issue and they said no it's definitely the dogs, refusing to even check the bathroom. I told them we've had carpet issues ever since their sprinkler system failed and flooded/caved in our ceiling and even gave her printouts of the emails I sent to the previous management that all went unanswered (This manager's only been there since March). She said she'd contact the corporate offices and let me know.
She called me back just a little bit ago and said not only will they be redoing the carpet, but they're now going to need their restoration team to do a full restoration for the entire apartment to get back to "living conditions" which will cost substantially more, even though she said it's just an issue with the carpet right in the entryway of the apartment, and to top it off, surprise! We now have 48 hours to get rid of the dogs permanently.
I argued that it must have been the plumbing issue that was literally just two days ago that the maintenance supervisor already checked out. She said no, it's definitely from the pets and it's an ongoing issue from before because supposedly when they cleaned our air filter it was very bad then as well. Meanwhile we were never contacted about this supposed ongoing issue and maintenance never came to clean our air filter in the first place so that's certainly a lie. They were meant to come 2 months ago to flip some switch in our unit and replace the air filter but never showed. She said we just didn't know about it because we were at work or something (meanwhile I work from home). We can't even get them to come replace our kitchen light.
I questioned her about the Fair Housing Act and she said it doesn't apply because it has nothing to do with sex, race, etc. I told her it also protects support animals and she said not in this scenario because it has nothing to do with the dogs? I told her I don't understand and she said she "isn't going to argue" with me. I told her I'd like the number to her corporate offices and she said no, then told me she'll call them and they'll call me. I explained to her that we literally cannot be without the animals to which she replied "are you saying you want to do the restoration, and then be allowed to bring the dogs back after the 48 hours? Or are you saying that you want to terminate your lease?".
Unfortunately the reason for the support animals is bad enough that those are our only two options for staying here. If they refuse to let us have the support animals here, we'll have no choice but to terminate our lease, though that could cost something like $3,000 that we don't really have. On top of that, we'd be being charged for the entire restoration service as well which is likely thousands and thousands of dollars, as she told me to call my insurance because it's going to be "much more than the cost of replacing carpeting". So we could *possibly* scrounge up the money to terminate our lease but it wouldn't be easy in the short nor the long run. On top of that, we certainly wouldn't be able to afford another apartment if we're spending that money to get out of our lease.
tl;dr - Plumbing issue, office manager said they need to perform "check" due to smell. During the "check" she walked 4 feet into unit, said it's the dogs' fault, refuses to do anymore investigation into the source of the issue, wants me to pay for entire unit restoration (not just new carpet), and is requiring us to get rid of the support animals within 48 hours which is not an option.
Thanks in advance for any advice, very overwhelmed at the moment.
| To be clear, these are ESAs, not service animals, correct?
What does your lease say about pets? Did the office accept these as ESAs when you moved the dogs in/ do you have supporting documentation for them as ESAs?Answer #2: Not legal advice, but a black light shows urine. You can even get one for pets on Amazon. That could show that it isn't your dogs urine and was in fact water/mildew from the ceiling. |
My job is asking me to pay back a sign on bonus when I was told I would not have to.
| I got a good job with a very large, well-known hospital in December that offered a sign-on bonus in addition to competitive wages. I accepted the job, worked for a few months before my health started failing and I was not able to meet the requirements that the job entailed. I was reassigned to a MUCH lower paying position (a six-dollar-per-hour pay cut) for fewer hours per my doctor's recommendation, but was told that as long as I stayed within the hospital network, I would not need to pay back the first installment of the bonus. I have been struggling very much with the decreased pay as well as my health and the consequent medical bills.
Today, I mistakenly received the other half of the bonus, so I called HR to ask what I should do. Not only do they want me to give back the second half (which is their right), they are requiring that I pay back the first half of the bonus after being explicitly told that I did not have to if I stayed at the hospital. Paying that money back would financially cripple me completely and I have no idea what to do. They want to abide strictly by the contract that stated that I was to stay at a 1.0 FTE in my old position, regardless of the circumstances or the incorrect information I was told. I have a string of emails containing said information.
What should I do?
23, F, WI
Topic:
Contracts
| > They want to abide strictly by the contract that stated that I was to stay at a 1.0 FTE in my old position, regardless of the circumstances or the incorrect information I was told.
They only have to follow what the contract you agreed to states. When they said you wouldn't have to pay back the first bonus, you needed to get the contract amended. Because you have the promise in some kind of writing (email), you can speak with a lawyer to see if you can successfully fight this. |
How legal is it if I were to leave my home even though I’m only 17?
| Edit: I am from U.S, Vermont
| Are you saying you want to be emancipated? |
Update to my former landlords falsely stating I was evicted when I wasn't. Still need some advice.
| I forgot to put in my last post, I live in Washington. If anyone needs any more specific location than that I'd be happy to post it.
My last post didn't get a lot of attention but I figured I'd post an update with what I found.
Basically, my former landlords who are incredibly scummy told my now current landlord I was evicted when I wasn't at all. Thankfully this rental agency has a reputation and my current landlord did not take this seriously. After doing some more research, this company has been so terrible that the local military base has blackballed them from allowing soldiers to rent from them, and they are taken to court so often that the county clerks are very familiar with them.
After looking into public records for unlawful detainers under my name, absolutely nothing. My credit report shows nothing as well, which means that the former rental company has been verbally stating to new possible landlords I was evicted.
I plan on taking them to court, as this could have incredibly impacted my life and left me homeless if my current landlord wasn't understanding.
Does anyone have any idea on what kind of information I should bring up, my first steps, and how to even start this case?
| [The original thread](https://www.reddit.com/r/legaladvice/comments/40yizs/landlord_saying_i_was_evicted_when_i_wasnt/)
Thanks for the update. |
I'm 17 and don't want to go to my dad's for the summer. I'll be 18 next month.
| I am in Colorado with my mom. My dad lives in Texas and I am suppose to see him four weeks this summer per our court order. My mother has primary custody of me and I stay with her during the school year.
I don't want to go. I have a job here and I want to spend my summer with my friends and doing some events here I signed up for.
My dad's house has a ton of small children and I'm always expected to babysit and I just don't want to. I'm trying to work at this job I have here and save up for college and a newer car and I don't want to drive all the way to texas to babysit for free for four months.
What happens to me if I just don't go? Will my mom get into trouble? She is nervous about me not going because she says that he gets really pissed when I don't want to go. He says I have to.
I also stopped answering his calls and he is upset and threatening court over that. Can he take me to court? Or is it just my mom?
I'm 18 in less than 30 days.
If he somehow made me go see him, could I just leave the minute I turned 18 and come back home?
| Just don't go. Nothing will happen. I've seen kids from 14+ refuse to go and even brought before a judge and nothing happens. No court is going to bother with someone who will be 18 before the hearing even could be scheduled. If he ever wants to see you again after you turn 18, he better watch what he does now. You're in control then.
NAL, but was a CPS worker for 10 years. Good god did I hate every single one of my custody related cases. |
[Missouri] USPS didn't deliver a time sensitive letter which led me to a potential $700-$1000 loss. Is there any legal action I can pursue?
| I bought a pair of tickets to a music festival back in March. The concert takes place August 2-5. A couple months ago, we found out my wife is pregnant, so we decided not to go to the festival, and I put the tickets for sale on stubhub.com.
Meanwhile, I moved places (within the same city) and activated the mail forwarding option in the USPS website. I had never had any issue with this service.
The event organizers shipped the tickets in the beginning of the month and tracking history shows they made it to my previous address and were held to be forwarded. But no updates since July 13th (today is the 30th). I had to cancel the sale in stubhub, which costed me 40% of the tickets value in fines.
If the tickets don't make it to me before the festival, I won't even be able to sell them locally, which would net me at an around $1000 loss.
Here's what USPS says on their website: *The USPS does not guarantee the delivery of Parcel Select Lightweight mailpieces within a specified time, although domestic delivery averages within 2-8 business days.*
I called the organizers and they offered to void the tickets and let me pickup a reprint of these tickets at Will Call, but I'd have to make it to the festival for that (it's in Chicago, I'm in Kansas City).
That USPS statement is pretty vague. Is there anything I could do to mitigate this loss, ideally without having to travel? If I do have to travel in order to minimize losses I will. Thanks for reading.
| they didn't guarantee you delivery by a date and aren't responsible for them not being delivered by the date you wanted |
What are my child's rights? What are my next steps? Am I leaving anything out?
| [deleted]
| >Am I missing anything?
Yes, the possibility that your son is not telling the truth, or that he's confused. That type of accusation is usually investigated if it appears the claim is legitimate.
You clearly have issues with the school and how it's being operated, so follow through with what you said, remove him, and enroll him in a charter school.
Report the teacher or principal to your local school board. |
Pa. I’m allowed to have a dog in my apartment and I’ve been using the rented front lawn as a place for the dog to go. They’ve been allowing this since October but now claim we can’t do that and also claim there are yellow lines due to the urine. Can they actually prevent me using the yard?
| What does the lease say? Are you month to month? |
|
Do I need a certificate of citizenship?
| Hello! I'm an immigrant, and have lived in the US for 16ish years. Me, parents, and brother came here on a green card Visa lottery or something. We've been here legally since, and my parents have become naturalized citizens.
When they got naturalized my brother and I were to young to also get the certificate, so we never did it.
I have a passport, ssn, pay taxes, vote and everything. I just went studying abroad, and voted, with no problems.
Recently my aunt told me I'm actually no longer allowed to leave the country, and I'm not allowed to vote because I never got the certificate. My parents are super scared with all the deportations and ICE shenanigans recently. So I looked into the certificate thing.
Not only is it super expensive, but it said it would take 2 years to receive it. Also doing a little googling, I couldn't find anything saying that I'm not a full citizen, and that a passport is proof enough for everything.
I was wondering if you can give me some advice, to calm my family down, and tell me whether or not I have to get the certificate at all(it does cost a lot and I make minimum wage)!
| US passports are for US citizens only. So you are a citizen. Because you were under 18 when your parents naturalized then you likely got citizenship at the same time automatically.
https://www.uscis.gov/sites/default/files/USCIS/Resources/A4en.pdf |
[Ohio] When a small business goes under, what happens to warranties purchased on their products?
| A friend of mine got storm windows and some doors from a small business in Ohio. The business is no more but the windows are under warranty and she's having issues with them.
Is the warranty just defunct?
| It depends. Is the distributor out of business? The installer? Or the manufacturer? Who issued the warranty?
Generally, when a business ceases to exist, it is no longer an entity and can, therefore, no longer be sued. The exception is the theory of "piercing the corporate veil" where one tries to go after the owners or others in charge. |
How do I even begin to get married to my long term (7 years) girlfriend who is a foreign citizen? (in California)
| Hi!
My girlfriend and I wish to get married, and I have absolutely no idea how to get started on the process.
To complicate things further, she is a foreign immigrant working in the US. She has a visa through her work, so her residing in the US is no problem, and we currently live together, and have been for around 5 years.
I just personally don't know much about the marriage process, and even had to research ring traditions, ring practices, ring styles, and such to even buy the friggin ring.
Where do I need to go? What documents do I need?
I am in Los Angeles btw.
Thanks!
| Consult an immigration lawyer to walk you through the process of obtaining citizenship / permanent residency for her (assuming the two of you plan to reside in the US permanently), but it's relatively straightforward (if time-consuming and aggravating).
First, [marry her](https://www.lavote.net/home/county-clerk/marriage-licenses-ceremonies/general-info/about). Then, file for [adjustment of status](https://www.uscis.gov/greencard/adjustment-of-status). |
[WA] My company is being sold to another, and I have to re-apply. Can I take unemployment instead?
| Washington
The healthcare company I work at (as a regular full-time employee) is being sold to a different corporation, and they say that I'll have to apply for a job at the new corporation just like I was trying to get hired for the first time. All my benefits and accrued time off reset, basically one job ends and I (maybe) get hired for another just like it.
If possible, I think I'd rather just get unemployment benefits for a while. I'm going to look for a place that doesn't have such an awfully long commute.
So, two scenarios... Do I get unemployment benefits:
- If I just decline to join the new corporation and don't apply for a job there?
- If I do apply for a job at the new corporation, but deliberately make a shitty effort at it so that they'll turn me down?
- If the new job has reduced pay or benefits, and they refuse to negotiate and match what I had before?
I think the old company would be unlikely to fight the unemployment claim, since they're not going to exist anymore, right?
I just want to make sure I'll be able to claim unemployment benefits before I make my decision, just to make sure I won't regret that choice.
Topic:
Employment Law
| In order to qualify for unemployment you cannot turn down suitable work and must be looking for suitable work. Not doing either is grounds for disqualification. Unemployment is for people out of work through no fault of their own not people who purposely sabotage their own application so they don't have to work. Nobody will help you with that. |
A stranger seems to be trying to scare my fiancée at night
| Sorry if this is the wrong subreddit for this.
I have a chain link fenced in back yard where my fiancée smokes at night. I don't accompany her because we have a newborn that I stay inside with and take care of. On two occasions a person that we don't know the identity of has quietly approached our fence and whistled in a very strange way at my fiancée and other women that visit our home. If I could describe the tone of it, they whistle kind of like how someone would creepily say, "I'm heeeerre..." They are quiet enough that the stranger is only heard once they start whistling, it doesn't help that it's too dark to see past our fence.
The first time was strange but we thought it was someone that was maybe calling out to their pet (We have a lot of roaming dogs in our neighborhood). It's been three weeks since then. Tonight it happened a second time when my fiancée's sister and mother were outside. They both own large dogs so when they were whistled at they ran barking at the stranger.
I have no idea who this person is or where they are coming from. I have a good relationship with my neighbors and despite how it sounds I live in a good neighborhood. Unfortunately, I've only lived here for four months so I do not know if the previous owners were plagued by this stranger.
As much as I would like to call the police, this person comes and goes too quickly for the police to possibly intervene. I want to set up cameras and perhaps get a face. I honestly don't know where to begin with this though. I do not have any real idea on where to start addressing this as it is such a strange situation.
Advice is appreciated. Thank you for reading.
Topic:
Douche
| Get a motion detecting floodlight, this is very very creepy!! |
Landlord is trying charge me thousands for damage caused by him showing up to the property unannounced.
| My landlord constantly came right up to my front door nearly daily. When i confronted him about it and told him it required notice, I got chewed out and yelled at in a Starbucks for "being disrespectful" and "ungrateful". Whenever they came to the door, my dogs would go into protect mode and ended up scratching the wooden window sills and door. Whenever I expected company, they were put outside to avoid this.
Now that I've moved out they are trying to charge me more than $2000 to replace the wooden trim and door. What are my options?
| Your dogs damaged the property. It doesn't matter why they damaged the property, they did. You're responsible for the damages. |
[Texas]Speeding ticket while defensive driving course for a prior ticket.
| Just had so much bad luck. So I was in the process of completing defensive driving for a speeding ticket I got. With one more hour to go online, I end up getting another speeding ticket. What is my best course of action I should do.
| I hope you realize that this isn't bad luck, it is just stupidity. |
Tenant owes about 5k in rent and don't know what to do.
| Hi I'm a 10th grader speaking on my parents behalf as their english is not that well and we need financial help about a renter who hasn't paid rent for a long time and owe about 5,000 USD. We need legal advice as we don't know how to get the money and we are trying to evict them, however how are we going to get the five-thousand dollars back?
| By suing them. |
Oklahoma - My roommate and her friends stole from me and I got a confession from one of them.
| I had a long day so please stay with me. I came home from work and I saw my room got trashed. ( I rent a 3 bedroom house with roommate on lease ) I asked my roommate what happened and she claimed she had no idea what happened. I call the cops, they show up and inspect the damages and file a report. This is where things go fishy my roommates room was not trashed, her stuff is still there and they broke a window. Meanwhile, My room is trashed and they took EVERYTHING! My Television, PS4, Attack on titan swords, Vape stuff, Laptop, Social security like everything you can imagine. Then after the police left, My neighbor who hangs out with my roommate calls me over. She told me that she found my PS4 in my roommates bag and that her nephew (my roommates friend) left it at her house. Of course The neighbor is pissed at her nephew stealing. She took my phone and made him confess to everything. She apparently told her boyfriends and her friend to break into my room and steal my things. While trying to hide my possessions she put my PS4 in HER backpack and give it to the Nephew of the neighbor. The other stuff is at her boyfriends house. That was pretty what was said on the recorder. What legal grounds do I have to kick her out of my house and to get my possessions back?
| You need to play it as cool as your can to your housemate.
You can contact the police agency and let them know you have a recording with a confession from the housemate. They can listen to it and decide what they want to do.
You have no legal grounds to kick her out of your shared rental unit. |
Am I being evicted illegally?
| Hi everyone! A bit of backstory: my mom has always been a little crazy. I am currently 17 years old.
I left on a vacation out of the city I live in this weekend to visit a few friends who had moved there. While I’m here, my mom (who does own the house) has banned me from the premises permanently and I’ve been informed that my stuff has been moved out to an undisclosed location within the city I live in.
I really don’t know what to do. Is this even legal? How do I get my stuff back? She still has $5500 of mine in trust and important documents like my passport and Social Security Number and I doubt she’ll be willing to give any of that up, is there anything I can do?
I’m in Canada.
I’m sure you guys get posts like this a lot here so sorry about that hahaha.
Thank you so much!
| Evicted? Is 17 the age of majority in Canada??
> While I’m here, my mom (who does own the house) has banned me from the premises permanently and I’ve been informed that my stuff has been moved out to an undisclosed location within the city I live in.
Does "while I'm here" mean that this was a temporary measure? |
[TN] Been without a kitchen for almost three months (not my fault) and no one wants to pay for repairs.
| The entities involved are my neighbor, my neighbor's insurance company, a plumber, the plumber's insurance company, the condo HOA, the HOA's insurance company, and my homeowner's insurance company.
My neighbor and I share plumbing in our condos. He hired a plumber to snake a drain without my knowledge. The plumber told the neighbor he didn't want to do it, because there was a good chance he would snake through the drain pipe. My neighbor told him to go ahead and do it anyway, it was on him. So... the plumber snaked through the drain pipe that was above my kitchen. The drain water flooded my kitchen from ceiling to walls to floor. Everything had to be removed. My kitchen is now studs, and my dining room and living room are filled with things from the kitchen. My neighbors and their insurance company say they are not liable. The plumbing company and their insurance company say they are not liable but offered a small settlement. My homeowner's insurance company says that the HOA and their insurance company is primary, so my homeowner's insurance company will only reimburse the deductible for the HOA coverage and for food costs above my normal food costs of $115/week upon receiving the receipts. I turned in the first set of receipts a couple of weeks ago. They responded today telling me that my food costs were unreasonable, because they were so much higher than my normal food costs and informed me that they were only going to pay a tiny per diem. I am a poor single mother grad student who is very frugal. Of course eating every meal out is much higher but still reasonable. I've had money before; I know what it costs to have a good meal with fresh food out at a restaurant, and I'm not going to feed myself and my son garbage for months. I have been with my insurance company for well over a decade, and they have never treated me this poorly. Moving on, the HOA refused for over two months to file a claim with their insurance company stating that they weren't liable for the damage but finally filed one this week. I'm expecting a denial or a small offer from them as well. Two or three weeks ago, at the advice of a lawyer during a consultation, I went ahead and filed a general sessions small claims civil warrant for everyone involved. The court date is currently set for the end of next month. What can I do to make sure I get the settlement I need? The costs are already above what I have in savings. I'm afraid the costs soon will be above the $25k maximum in general sessions. What can I do in that case? Thanks for your advice. I haven't been able to enjoy my home for almost three months. I need help.
| You need a lot of documentation. You need how much the repairs will cost, cost of food, cost of everything.
If it is above the max then you have to have an attorney file in civil court. |
Colorado dispensary likely to have sold me a pre rolled Joint that contained spice.
| Hey guys, first post here anyways down to the nitty gritty.
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Back in July i was driving across country and was stopping for a night in denver. I decided I was in a legal state to partake in buying a joint. So I did, i went to a local dispensary, there was nothing odd or crazy about it. have several people in line for the cashier and what not.
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Keep in mind, I have smoked before earlier in my life so i knew what to expect. I smoked half of the preroll by myself, and put the rest away. I got in the passenger seat of my car as my friend drove around town looking at the scenery. My friend was completely sober and had not drank or smoked. We pulled out of the driveway, and drove maybe ten feet and i was virtually unconscious. My cousin noticed I was out of it and asked me if i was too tired and wanted to go home, but at this point i was actually unconscious, he told me he tried to shake me a bit to wake up me up but ended up pulling over because i started to dry heave and throw up while sitting up. He pulled me out of my car and couldn't get me to wake up so he called 911, EMT's show up and could not bring me back awake. I was in the ER for 8ish hours, I had HR flutter for a few hours and then my HR wouldn't drop under 160 until I woke up for the first time and my heart rate started to stabilize. I believe they gave me four injections of downers and it would not bring me down.
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I remember maybe 2 portions of that night, Being pulled out of the car and having the EMT's pull me into the ambulance. Everything else was black.
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I have no insurance, because I cant afford that shit. and I have smoked weed before in my past. Whatever I was sold, was not weed. What are my options?
| Smoking previously is no indication of how the next high will go, especially if it was lengthy between the highs. If you smoked a half a preroll of medical grade weed when you’re not used to it, especially depending on the strain, it could definitely make you throw up and have heart flutters and sleep hard. Weed even gives some people seizure like episodes. Other people would have been affected too and would probably be in the news. I’ve heard of no such thing and I live in Denver. |
Being Blackmailed
| Hi,
I am being blackmailed. What do I do?
I got a facebook request from a girl I did not know and accepted, we got talking a bit and she asked if I wanted to be dirty basically. Being my bored self, I said sure, now "she" has a video of my face and my privates and they are threatening to send to my friends on facebook if I don't send them money through Western Union. At first I blocked them and figured they would go away nope. They made profile with my name and picture and cover photo and started friending some of my friends. They have a list from the short period we were friends, because my profile is completely private on every setting. They sent me picture of their drafted message with my intimate pictures to some of my friends.
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I dont know what to do. They gave me until tomorrow before I have to delay longer.
| Don’t pay them. This is a very common scam and they rarely go through with the threats. |
My boyfriends license is falsely suspended and he is a delivery driver.
| Okay so last year my boyfriend got a series of tickets for having a tail light out. He got it fixed but they eventually sent a letter stating that his license would be suspended if he did not pay a fee because of so many tickets. So he paid it and received a receipt.
Today the cops were trying to make quota and pulled him over for something fake he never even charged him with in the end. But this cop told him that his license was suspended. He could not provide the date or any more information. We have received nothing in the mail or in our email, as he has all of his tickets/fines delivered to his email address. We checked. He even provided the receipt of the payment and what is was for and still got charged.
The court building is closed for the weekend so we can’t find out what’s going on until Monday. My boyfriend started his work week today, as a delivery driver. So now he cannot work at all until this mess is straightened out. Also they gave his TWO DAYS to repair his drivers side mirror (the first he’s been pulled over for it) despite all of the shops being closed due to the weekend.
The cop gave him back his license and said this was most likely and error.
My question is:
If this is in fact an error, could we sue the county for the amount of time he could not work??? It’s about $500 for Saturday and Sunday and we really can’t afford to lose that money if possible.
Also, is giving 2 days to fix a first offense problem even legal??? Especially on a freaking Friday night when we can’t even get it fixed within 2 days??? We live I Upstate NY btw.
| >Today the cops were trying to make quota and pulled him over for something fake he never even charged him with in the end.
You lose a lot of credibility making statements likes this. Police officers don't need to make thinks up to issue tickets. If an officer wants to find people deserving of tickets it's a matter of waiting 10 minutes on any major road, someone is always speeding somewhere.
The fact your bf did in fact have a broken mirror indicates he wasn't pulled over for something fake. A broken mirror is a safety violation, if the cop wanted to be a dick he could have had your bf get out of the car and towed it to impound, giving him 2 days to fix a safety violation is completely reasonable. If you can't fix it in that time stop driving it. You may want to stop driving it immediately as another officer doesn't have to recognize the prior warning.
You'll have no luck suing the county. Your bf is bringing problems upon himself. It is his responsibility to ensure the vehicle is road worthy before he gets behind the wheel. |
Can I ask my pharmacist to leave off the sticker on my medications?
| My medications are schedule 2 and the label they put on the bottle has my name, address, name of medication, and quantity.
So I always have to take the sticker off before throwing the bottle away. I still don't want the label in the trash so I could ball it up and throw it away but wouldn't it be less wasteful to not have a label in the first place.
Edit: I read the rules but forgot. Sorry.
My location is Ohio.
| You want that label to be there. If you get caught with a schedule 2 controlled substance, you can go to jail (even if it's just for a bit while they clear things up) if you can't prove that it's prescribed to you. Having a label on the bottle with personal information that matches your ID is the best way to prove this, while having an unmarked prescription bottle (or any other container) full of pills is one of the quickest ways to look suspicious. The hassle of removing and disposing of the label is minuscule compared to the problems you could face otherwise. I was prescribed Adderall in high school and it was stressed to me several times to always keep it in a marked prescription bottle with a good date, especially once I got to college.
That said, from a legal standpoint, I do not believe it is legal for a pharmacy to dispense prescription drugs without information about the medication and the recipient on the packaging. Answer #2: "Less wasteful?" For real?
You are throwing away a plastic bottle and you are worried about a paper label that can be shredded, flushed or sent down the garbage disposal?
Wise up bro. Keep the label on it as it keeps you out of jail. Fine to strip the label for disposal but just ball it up and flush it. Better yet, take your empty bottle to the pharmacy when you pick up your full and they will confidentially dispose of it for you.
Unless, of course, you are looking to hide something in which case the real legal advice is don't break the law. |
My cellphone is spammed with robot callers everyday.
| Edit: Location is United States, California.
Not sure if this is the right place for this, but I'm not sure what a better place would be to post this.
Recently, I've started to get a lot of phone calls from random numbers, as many as 2-3 calls *every day*. I've gotten 4 in just the last 4 hours even.
Most of them just automatically end with a beep or something, a lot of others are something like "you've been pre-approved for a business loan" crap.
It's really starting to bug me, but I don't want to go through the hassle of changing my phone number, so I'm not sure what to do.
Is there a proper "Do not Call" list that these companies actually adhere to? Does pressing "2" to be added to companies' own "Do not Call" list actually work or does that just verify that you're an actual person to be called?
Is there a way to take legal action against these companies that spam me with calls everyday?
I block the numbers that call me but that doesn't seem to do any good. For awhile I tried not answering any but that didn't seem to help either, and since I do occasionally get real calls from people I don't have the number of, I'm hesitant to not answer sometimes.
If this isn't the right place for this, does anyone know what might be a better resource for this? Is there anything I can do to prevent this from happening?
Edit: As a side-note, I've been registered on the "Do Not Call" list since December 2008. Doesn't seem to have helped any.
| This is a real problem and the FCC has told the cell companies to look for a way to solve it. You can file complaints about each call with the FCC at donotcall.gov, but given their ability to spoof, it may not do much good.
In the meantime, a technical solution like Mr. Number may be your best option. |
Airbnb host staying in house when we rented the entire house for 2 days of trip.
| (California) I rented an entire house on airbnb (listed as an entire house) and after a day of staying, the owner/host showed up to stay in his bedroom for the remainder of my trip. is this allowed? can i do anything? I’m very uncomfortable knowing he’s here and can look through my things.
| Yikes! I would contact Airbnb immediately about this and report it.Answer #2: Contact Airbnb immediatelyAnswer #3: Screenshot everything for the listing. You'll need it.
Contact Airbnb and let them know with lots of detail.Answer #4: Contact AirBnB support, they have a pretty good rep of not putting up with this kind of BSAnswer #5: Have you told the owner "I rented the whole house, get out"? |
[Best Of] Can I marry my own aunt to steal my cousin's inheritance without consequences?
| *Beep Boop Beep Beep Boop*
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| >Would I ever have to prove that I lived with her or had sex with her?
Yes, you must submit a sex tape showing full penetration.Answer #2: He keeps coming back to the marriage idea. It's like he really *really* wants to marry the old bird. |
[NH, USA - Advice] My dad is in trouble with the law. Where do I go when he gets put in jail?
| Throw away account for obvious reasons.
I (17F) live in New Hampshire in case this is important for this subreddit.
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So, I'll give you a small back story. My birth mother left me when I was a new born (about 3 weeks old), so I had to stay with my dad. Years later, he gets married to my now step mother.
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Recently, my dad has gotten in trouble with the law that could get him put in jail for about 20 years. If he gets put in jail, where would I go? Would I stay with my step mother? She's not on my birth certificate. If I can't stay with her, where else could I go?
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Any advice is greatly appreciated. Thank you guys so much.
Topic:
CPS and Dependency Law
| When is your birthdayAnswer #2: Let me preface my response by stating I am a Georgia criminal defense/domestic law attorney.
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First of all, unless New Hampshire has a remarkably fast criminal justice process, his case will likely last at least two years until completion.
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One concern is that if his alleged crime involves improper sexual activity or any type of violence, he may be precluded from living at or with you and/or your step-mother when and if he is released on bond. Often there are strict bond conditions.
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If you are concerned about your legal status between now and your eighteenth birthday, you might consider getting your step-mother to seek and obtain a Temporary Guardianship until you reach the age of majority. The following link explains the process and can usually be done without an attorney.
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[https://www.courts.state.nh.us/circuitcourt/forms/eforms.htm](https://www.courts.state.nh.us/circuitcourt/forms/eforms.htm)Answer #3: You can most likely stay with your stepmom if she’s willing to keep you. CPS and courts aren’t going to care where a 17.5 year old lives as long as a) you’re not being abused or neglected and b) no one is disputing your right to live with stepmom (meaning, if birthmom shows up and wants to claim custody, she could probably win over stepmom). Your best bet is to just stay with stepmom and try to keep this all off the radar of professionals involved until November.
If someone does try to make an issue of it, stepmom would just need to either file for custody or have your dad sign over temporary guardianship of you to her, if he’s willing. Temporary guardianship would require a lawyer BUT would have the benefit of allowing stepmom to consent to medical treatment on your behalf, etc. |
Ex wife constantly taking our kids to Dr. Doesn't cost her anything, but i have to pay her cash each time.
| So, my ex wife carries insurance through her work on our kids. I have no insurance. I'll be married in May and will have insurance again then. The kids will also be added onto my new wife's policy at that point. As of now, my ex has insurance through United health care. I'm not sure what kind of insurance it is, but she gets a Mastercard with a certain amount on it that she uses for out of pocket medical expenses. I'm pretty sure it's between $3000-5000 between her and the 3 kids. The problem is, there doesn't seem to be a week that goes by that she isn't taking 1 or 2 of them to the Dr. These visits don't cost her a dime, as she uses her medical card. But I have to pay her half the out of pocket expense in cash each time she has a Dr visit or pharmacy bill. She makes money each time she takes them in. How can this be legal, and is there anything that can be done about it? What about when they are double covered starting in May?
In louisiana
| > These visits don't cost her a dime, as she uses her medical card. But I have to pay her half the out of pocket expense in cash
If these visits don't cost her anything, then she has no out-of-pocket expenses and you should be paying her nothing.
I suspect you're misunderstanding the situation here - this might be a medical savings account or something similiar, where she deposits money pre-tax to be used later on medical expenses. In that case, she *is* paying out-of-pocket, just upfront. |
Loud music at night. Police cant do anything(VA)
| Hi everyone!
Well I have a legal question and before I take this further I would like to hear your opinion. I live in an apartment complex fairly quiet and nice. Recently a new business(car shop) opened across the main road adjacent to the complex. Their work hours are from 9-5pm like any other business. But after 7pm the owners and employees meet there and start blasting their very loud car stereo systems past 2am.
In the last 7 days Ive called the police every single night. The police shows up tells them to turn it down and as soon as the officers leave they crank it up again.
Last night the officer called me back and told me, once he showed up there was no music going on therefore there was nothing he could do. Im assuming they can see him coming down the road.
At this point I would like to know what else could I do? Since the Police cant seem to be able to stop them. The local sound ordinance says anything after 10PM is illegal. Any advice is greatly appreciated. Thanks!
| Continue to notify the police. Eventually they will get tired of it and cite them.
Alternatively, you can record the sound and contact your local councilperson/mayor and make a complaint. You can also contact the supervisor at your police department and notify them. |
Whistleblower protection, oregon
| Oregon,
This is a follow up from my post last week OPretty
" I'm just looking for opinions/advice here, I woke up this afternoon, I bartend and work nights, about an hour before my shift. Normally plenty of time to get ready and get to work etc
I woke up about 11am feeling a little neausous and figured it'd pass, I then woke up at 4pm my usual time to make my shift on time. I've been with this company 8 years, have not called in sick one time in 2017.
Anyway I wake up and immediately feel like I'm going to throw up so I drink some water and try and calm my stomache with some Rolaid's and take a shower. I go to my room and start vomitting like a fking hose it's going everywhere I'm like omg so I start cleaning this disaster up and get a call from my manager 5 minutes before I'm even supposed to be at work and she demands to know where I am.
I tell her I just vomited all over my room and was in the process of cleaning this up so my room didn't smell like a cess pool.
She immediately yells at me about how I was supposed to be to work at 5 cause the lady that works before me had somewhere to me (we work alone)
I told her I would be there as soon as I'm done cleaning this vomit out of my carpets and she gets furious and says to get to work now and repeats this lady has somewhere to be. I'm like I know this is don't need to be yelled at I already have a splitting headache I'm going to need you to find somebody to cover my shift but I'll work until then. She tells me "get to work I'll see what I can do"
Now we have 40+ stores with 100s of employees, I didn't hear one word from her the entire night, not even a sorry couldn't get your shift covered. Just nothing at all.
So I call her and I'm like so what's up did you manage to find anybody to cover my shift. She says no, tough it out. As I'm feeling weak, sweating, customers asking me why I'm at work and telling me it's illegal for me to even be serving good in my condition. I tell them all believe me I'm aware I tried to get my shift covered my manager totally disregarded the entire situation and instead yelled at me.
Now I have 4 of my regular customers lodging complaints with the local health board which I asked them not to do.
I'm still feeling terrible and about to call in in, I'm about an hour and will be refusing to come in regardless of what they say.
Can I be fired for this and if so, can I collect unemployment? I cannot work another day feeling this crappie.
Quick advice would be wonderful as I need to call in relatively soon and get yelled at cause it's my fault I'm sick I'm sure.
And I have a week if PTO sitting here unused, is that's not what this is for or???"
I recieved a lot of good advice, however our operations manager and HR knows this goes on myself and other co workers have brought it to her attention and nothing has been done
A personal friend also works for this company and called our manager asking to go to the ER as he was sweating, vomitting the works.
I've now filed an official complaint with the governing health department. He came in the next day and I told him I've been forced in sick multiple times [we have protected sick leave]
He seemed disturbed and let me read the report he wrote and said he wanted to talk to his supervisor first.
I told him the story of my buddy and the ER after this, we're now communicating via email and he said in light of this new complaint he would be talking to senior management to determine the best coursemail of action, I don't know what that mwant.
My question is do I now fall under whistleblower protection?
| The Edward Snowden of the service industry... |
(MA) Hotel sales employee put in her two weeks notice, moving to a competitor property, and was walked on the same day. HR said they are not paying her for her last two weeks. Is this legal?
| Title says it all.
| Legal and common. Why should she get paid when she isn't working for them anymore?Answer #2: Absolutely. Pay stops when you are fired. If you resign with 2 weeks, they can fire you anytime within that.Answer #3: Why would she be due two weeks pay for not working two weeks of time? 2 weeks is nothing more than a courtesy. You are free to leave and they are free to fire you from at-will employment at any point. |
I got a call today and was left a voicemail that scared me
| I got a call from a number that came up as potential spam from my spam call filter. I was left a message claiming that I had committed a federal crime. It was automated. I have anxiety for this sort of thing. Should I be worried? I dont think I did anything wrong so I think it's a scam. The voicemail told me to call some number to speak to an "investigator". Can anyone help me here?
| Complete 1000% scam. Block and ignore.Answer #2: I have gotten one of those calls before. Trust me if you committed a federal crime you would know. They wouldn’t just leave a voicemail. |
[SC] Legality Of Ex-Wife to Request/Review Full VA Medical Records?
| My ex-wife and I got into a phone argument over Summer visitation dates for our son. I held firm on my dates and brought up the fact if she didn't honor them she would be in contempt of court just like I would be if I didn't pay child support. This pissed her off.
I was served paperwork stating that she is worried about the safety of our son due to me being "angry and aggressive" on our phone conversation and my mental health, with the fact I am bipolar. I voluntarily checked myself into the VA Mental Health center shortly after my mother's death in Jan 2017 due to being suicidal and needing help. It was there I was diagnosed with Bipolar II. I began medication, received counseling and a have never been happier since finding the correct meds which I take daily. I also see a VA psych every 90 days for a medication check.
My ex-wife is requesting that she be able to see ALL my medical records from the VA to verify my diagnosis, my medication regimen, and whether or not I have been to all my psych appointments. The VA has stated they will not write a letter stating such and refuse to get involved. I've already supplied my lawyer with the past years worth of records which is all I have access to through MyHealthyVet, but was told my ex's lawyer is requesting the hospital records and these would not suffice even though they have my diagnosis and medication in the "notes" section.
My lawyer says there is nothing that can be done about it and I must turn over the records to her lawyer where they will be shared with my ex. If I refuse, they'll get a judges order and I'll be forced to hand them over that way. I feel like this is a huge HIPPA violation and they are fishing to see what can be used against me.
I just had a mental health assessment done by an outside doctor and passed with flying colors and should have the results later this week. My plan is to turn over my medical records to the same doctor and have her write a review of my medical status while I was in the hospital, basically doing the same thing the VA would have done.
What are my options here? What would you do if you were in my shoes?
| It’s not a HIPPA violation if the judge orders it. I have no other advice than that.
Edit: Of course it is a fishing expedition. |
Should I ask my step-father to adopt me [29m]?
| Long story short, I've known my step-father since I was 6 years old. He's always treated my like his own son and I love him with all my heart.
My mom has decided to divorce him. My brothers and I are devastated obviously. However, my two younger brothers are actually his biological children and I am from my mom's first husband. She used to have split custody with my biological father but he was charged with child abuse (against me, long story that I will leave out for now) and I didn't see him for a long time. When I became an adult I started to see my biological father again but he passed away shortly after (3 or 4 visits) from a heart attack at a very young age.
My mom seems very unusually unreasonable about this whole divorce thing. I don't understand why but I'm scared that she is going to make this divorce ugly.
My relationship with my step-father and brothers is great. I know we're not "real" brothers and father but it has felt that way for most of my life. I was wondering if I should ask my step-father to formally adopt me now that my biological father has passed away.
My reasons for wanting this have to do with several things. First of all, inheritance is an issue, I don't know if that seems selfish but right now there is no plan for how to distribute my parent's estate and I think it should be equal (my brothers agree) and we just want to make it legally as simple as possible.
Second of all, I have a lot of health problems and my life expectancy is very low. I've payed a decent amount of money for a life insurance policy that would currently go to my parents if anything were to happen with me. I want to make sure that whatever is necessary be legally in place so that if that does happen, that my step-father isn't excluded after the divorce.
Can anyone explain to me what this process is like, and based off my current situation, whether it's worth it?
| That would be a great gift to give him, I'm sure he would appreciate it.
Answer #2: That would be a great gift to give him, I'm sure he would appreciate it.
|
[Missouri] I broke up with my boyfriend and escaped an abusive relationship. After harassment, I filed a Title IX Complaint with my school for a no contact order. He lied to my university and said I carry a gun on campus.
| [deleted]
| Internal university disciplinary measures are beyond the scope of this sub.
But general advice would just be to limit what you say about this to "I've never carried a gun on campus".Answer #2: IANAL, but I am a Title IX investigator. So please take this with a grain of salt.
I can tell you that on my campus, if someone successfully gets a no contact order against someone for a good reason, and then that person turns around and claims the other person is selling drugs out of her dorm room, has 4 firearms on her at all times, and is the actual Zodiac killer... The no contact person is pretty much completely ignored. Security will do their due diligence of investigating the claim (IE, ask you if you carry a firearm on campus), then get back to doing their real job. If you've been questioned and nothing came of it within the first couple of days, then I'd say they found no reason to suspect you of anything. Having been involved in many investigations, us telling someone we "may" need to investigate further pretty much means we're done investigating. |
I done screwed up advertising my small business.
| So a few days ago I had an idea to advertise my new business to my neighbors...I purchased some small fliers online and distributed about 100 of them around the neighborhood by walking around and dropping them off in their mailboxes. I had a oh shit moment, googled the law and discovered this was not legal.
So what should I do? I now know the USPS takes this very serious and will not be happy with me. Should I call them Monday morning and beg for forgiveness or wait it out and hope nothing comes of it.
Location USA
Thanks everyone
| Don't worry about it. If you don't repeat the mistake they likely will take no action. Just don't do it again.Answer #2: Whatever you do, don't go try to collect the flyers from the mailboxes. Taking something out is far more likely to get you in trouble than putting something in.Answer #3: Technically, it's a violation. So don't do it. They're extremely unlikely to go after you for what you've done. It happens all the time, usually because few people are aware it's not allowed.Answer #4: On a related note, if you commit a crime it is generally considered bad practice to go immediately to the authorities and confess everything. |
School claims I "Ran out of funding" even though I was on course to graduate.
| So for the time of 2012-2014 I was attending IADT (International Academy of Design and Technology) pursuing a Degree in Fine Arts (Game Development) in Las Vegas. Just to put it out there I never went to a traditional University before. Anyway, I had the passion that I wanted to learn how to make video games, so I enrolled there. During my time there, I was an AMAZING student in terms of keeping my grades up. Nothing lower than a "B", and those were few and far between. Also, I've NEVER missed a term. There terms were short (10 Weeks). So let's just say I've taken a LOT of classes there. And at the same time, I work. So I can only attend part-time. Generally 2-3 classes per term.
So this is where it gets hairy. During late March last year, out of the blue the school has been passing out flyers and banners stating that effective within a week they will officially change the name of the school to "Sanford-Brown College". I was thinking that it was a bit funny, but I didn't pay it any mind. I'm heading into my final year and I have 10 or so classes left to graduate. Fast forward another few weeks to the end of that term. I get called in to go to financial aid. I talk to the adviser and they claim in order for me to finish my final year. I am in debt to the school $900. I thought it was weird since I was going at a pace that should have not had this happen. But okay, I said that I will pay the money and we made arrangements for me to come by the next morning to pay.
The next day I go to the office and talk to the adviser. They sit me down and say, "Yeah, there seems to be an error in our calculations. You actually owe us **$6000.00**." So I'm blown away by this, wondering how'd this happen. They literally told me verbatim "You're the FIRST case this has happened to. I don't know". Anyway, from there to sum it up. I basically was forced out of the school because I could not pay that amount. Also, I feel I deserve an explanation situation occurred because I followed EVERYTHING they asked me to do.
The reason why I'm posting this now is because after I left there was a class action suit against the school that I found out shortly after I left. So I applied to it. They told me that it may take time before I hear back from them. But they will get in touch. Fast forward to a few weeks ago from today. They called me back and told me that at this, they do not have enough evidence to continue a case. So hear I am... A guy who was trying to make something of himself, but I end up getting screwed by the school with an ENORMOUS loan. And no degree to show for it.
**TLDR: Went to school for Game Dev degree. Did very well in school, but around 10 classes before graduation the school claims that I owe $6000.00 to complete my classes even though I was constantly consulted by the FA that I was on pace to complete my classes without complications.**
** Edited for additional info **
I was just talking to my girlfriend about the situation and maybe this can shed some light on all the confusion. So please bare with me on this. I've just been informed by my GF who goes to UNLV about the loan situation through FAFSA. She told me that every class that she would take, they would apply for what they need through FAFSA for each and every semester. Also they would give them a sort of paper trail that coincides. This is where I think we all are having mis-understandings. See at IADT. They do it by the year. They would pull you in the FA office and you then they call an off-campus rep who works for IADT and they have you use one of their computers while your on the phone with the rep. They will have have you go on the FAFSA site and they just tell you what you need to click and then you go through the pages and fill out info. There was NO listings of prices or anything. When you finish and send, all you do is wait for that rep to see your files. Then all they tell you is "Hey, your good to go." And thats it. No paper trail or anything. I just thought that was the way FAFSA works. So I never questioned it. I know for some of you that may be no excuse. But this truly is a lack of knowledge of what I have control over to know. And what they were willing to share.
P.S. I hate to be that person to sound like I'm kicking sand at them because I'm bitter (which I am) but it's still true. Many of the teachers were VERY unprofessional and also seemed to lack the knowledge to truly be considered eligible candidates to teach the classes. Generally, my teacher was either Google or Youtube. And Finally, I just talked to some students earlier this week. And they told me that they are going to close down the school within the year. I'm really feeling hopeless now...
Thanks for your time everyone.
| Do you dispute that you actually owe this $6,000? You're obligated to pay what you agreed to pay them, even if they accidentally underbilled you at first. |
Should I get a lawyer for a crazy ex or can the police handle it?
| My location is in Ontario Canada
Basically I have an ex who appears to have had a mental breakdown. We broke up 9 years ago, we both met new people, I got married 2 years after we broke up and me and my wife have 2 children together.
About two years ago the ex I mentioned above came over to our house unannounced and was banging on the door demanding to be let in. She was yelling that we stole her children and that she wanted them back. We called the police and the attending officer arrested her basically immediately after she pushed him for "trying to keep me from my kids" and "being an agent of the devil". The officer gave us a card with his contact information on it and told us to call him if we see her around again. On the officers recommendation we also installed some security cameras since she said some nonsensical things that sort of implied that she might come back. We also bought a home security system just in case.
The result of this altercation was that she was given a no-contact condition in regards to my family. We thought everything was over.
Last week my wife mentioned how she thought she saw the ex outside of the kids daycare. She wasn't entirely sure if it was actually her since she didn't get a good look but we still contacted the officer who gave us his card. My wife gave him a statement and he said that he will be looking into it. In the meantime we reminded the daycare that no one but me or my wife is allowed to see our children and especially isn't allowed to take them home.
Well yesterday I reviewed the security footage because my neighbour told me that some lady was snooping around our house and sure enough we saw her trying to open the windows and doors in the backyard. We immediately called the same officer we dealt with before, reviewed the footage with him and gave him a copy of the recording. He said that in the next couple of days some other people will be contacting us but would it be a good idea for us to get a lawyer or can the police handle it themselves? We're staying at a friends house until the police can bring her in (apparently she is now homeless and has become a well known nuisance for the police) but is there anything else we should be doing legally? In the past the police have handled things extremely well but would it be a good idea to also get a lawyer? Sorry if this is a stupid thing to ask but neither of us have much legal experience.
| I would have pictures of you and your wife at the daycare along with your only parental contact/pick-up order so no new employees there screw it up. Answer #2: The order you have likely makes it a criminal offense for your ex to come to your house or contact you. Assuming this is the case, the police have this. A lawyer you hire cannot prosecute someone for you, only the district attorney may. It's possible there is also a civil issue here, an an attorney could help with that. An attorney also might be able to help keep this no contact order alive if it's about to expire. If this is mostly about keep long your family safe then you probably have done the most you can short of hiring a body guard and some personal defense training.
Also, you might want to tell the day care exact what the concern is. |
PayPal Issue: What Can I do Legally?
| This is a pretty unique situation that's been on-going for a couple of years now. Please mind my utter stuipdness in some of these events as well as the lack of flow and grammar (running a little late for work)
So my story starts back around July 2012, during this time I was in high school and had just sparked an interest for gaming. With my family's financial issues I knew they were not able to provide me with financial support so I decided to start dabbling around with online currency. Now I already had a PayPal account so my plan was just to flip some stuff over through eBay (at the time eBay and PayPal were together). Further researching I thought I had found the perfect item for ROI. After lurking for some time at a gaming site I was able to find a member that would sell these online subscription codes in bulk for a relatively low price. My idea was to put these online codes on eBay and return them for a profit and that is what I did (again mind my utter stupidness).
The funny thing is that my store was a hit, I received around 30 buyers in the first week alone and would continue to grow I don't remember the exact number of customers but it was quite a few. All in all I made about $2,000 - at this point in the story I also want to remind you guys that I legitimately did not know the eBay policy for online goods. So about a month into the store again pretty satisfied with my earnings I received a negative feedback on my eBay account which really bothered me since I had 30+ positive feedback and a mere negative. I compensated the customer by giving a new code and a partial refund that that was the end of it. However a couple days later the same guy and now another person came back with negative which destroy's my reputation. Now because eBay and PayPal were jointed together they had access to EVERYTHING and once they saw the negatives they went ahead and opened up an investigation which to make a long story short I lost and both my eBay and PayPal were terminated for selling online goods on eBay as well as being underaged as PayPal policy states you can only have an account when you're 18+. Plus I later found out that the accounts themselves were obtained illegally.
However, as soon as a got one negative on eBay I started to think outside the box (at least I thought so) and I went ahead and opened up a second PayPal account however, under a different pseudonym which is nothing even remotely similar to my name which again, in the end, became terminated as it was linked to my original account. I even made things worse by paying a guy that I found on another forum to get the PayPal account which made things even worse as he put a fake ID associated with the account as well as a fake address.
Now my question is, is there anything **LEGALLY** I can do to potentially get the account back? I have a couple hundred dollars still in the account which I would like to have back. However, I really don't want to do any sort of damage to my main account as it's being used as a bridge for my clients but I'm afraid if I try to retaliate getting the account or explaining the issue to PayPal it will jeopardaize my reputation. The account hasn't been logged in since August 2012 however, I made an email to PayPal to verify there is still money in the account around April 2014 and all they want is bank information to withdraw the funds.
TLDR: Made stupid decisions in 2012 that resulted in a terminated PayPal account under a different name with hundreds of dollars still inside the account
| You just don't know when to walk away huh? You want help in getting access to an account which you think has money from selling items **YOU KNOW WERE OBTAINED ILLEGALLY!!!**
Why would you want to stick your hand back in that dirty pot?!?!?!
How is a couple hundred bucks worth that kind of risk? Are you mad?
You potentially have a wire fraud charges and you want back in.
WALK AWAY. |
Creepy Realtor hits on my roommate in our apartment after taking pictures of our place. Want legal protections from him returning.
| [deleted]
| So wait, he said he was also single and they should get a drink sometime? That's it?Answer #2: > My question is, reddit, is there any avenue to securing a restraining order against him?
No, not remotely close to that. He has a better chance of getting one against you than you do against him.
You and your roommate both need to calm down and stop overreacting to this. He flirted with her, that's it. |
Can my son get in trouble for gray area pornography?
| So to start off, the person in question is a minor (16) and we live in Missouri. My son recently came clean to me about a rather delicate situation for fear of possible legal trouble. He and his girlfriend (also a minor, if that matters) got in a fight and broke up. Not long after, she somehow swiped his phone from him while at school and went through it, despite the fact that he tells me he had a password on it. On it she found some rather sensitive material. My son refused to tell me what exactly it was at first, but I was afraid it was something very illegal like crushing videos or underage children, so after pressing him he finally admitted that it was loli porn, or drawn pictures of underage girls. He assured me that there were no real children, and I'd like to believe him.
I've been on the internet long enough to know what it is, and I was certainly taken aback at first, but I've always subscribed to the idea that so long as it doesn't hurt anyone then it's nobody's business. Unfortunately, some others might not think the same way, including his ex. She eventually returned the phone after a few days, and according to my son nothing was changed on it, but she claims to still have evidence of it and has threatened to report him to the school. He told me that the first thing he did was factory reset his phone and wipe his computer, and after that he came to me. It's been a week since she took his phone and so far nothing has happened. If she does report this to the school/authorities and has evidence to prove that it was on his phone, what could potentially happen to him? Is the material he had illegal? Thanks for the help.
| The likelihood that you know less than the full story is somewhat alarming. Additionally, the Missouri law on child pornography is fairly broad.
>573.037. 1. A person commits the offense of possession of child pornography if such person knowingly or recklessly possesses any child pornography of a minor less than eighteen years of age or obscene material portraying what appears to be a minor less than eighteen years of age.
[Source](http://www.moga.mo.gov/mostatutes/stathtml/57300000371.HTML).
The part about "appears to be a minor..." is somewhat alarming.
Your son should be prepared to politely decline to answer any questions if he is approached by the police or school about the incident and you might have the name and number of a criminal defense lawyer in mind should it come to that. Hopefully it does not. |
CA-Client disputed payment after landscaping job was completed.
| Hi, everyone. My uncle has a landscaping business here in LA County. He is licensed, bonded, etc - all on the books. He's dyslexic so I help him with invoicing and printing estimates. Last month, he completed a job where he put in new grass, removed an old concrete walkway and poured a new walkway in its place. On the day he finished the job, the homeowner signed off on the job, saying it looked great. The next day, he called and had a few problems. First, he didn't like that the lawn wasn't perfectly even in a few places. My uncle was sure that it would settle flat, and advised him to wait a day or two before doing anything. The homeowner insisted he come tamp down the fresh sod, which probably damaged it. He also didn't like that the walkway sloped down slightly on the edges so that water could run off. My uncle explained that it's a code issue, but the homeowner didn't care. In all, he called my uncle back to his house three times for "repairs." Before the third visit, my uncle told him this would be the last time, since he had already signed off on the project and he was asking for things that were against code. The homeowner said he was satisfied and paid by check on the third visit.
My uncle deposited the check the next day, paid his worker and the balance of his supplies, etc. Two weeks later, his card is declined at a gas station. Turns out the homeowner reported the check as a fraudulent charge after it cleared his bank account. My uncle filed a police report and submitted it to Chase, but the homeowner still alleges that he never authorized the charge.
Do we have any options? I thought of sending a registered letter to the homeowner, explaining that the charge was reported as fraud and giving them another chance to pay before filing in small claims. Is this the best option?
Topic:
Business Law
| Your uncle has proof that the homeowner signed off on the project, and I am betting that signature matches the signature on the check. IANAL, but I would collect all evidence, and take the homeowner to small claims. Your uncle would have a good case |
[NJ] I was arrested(?) when I was 17 and now I'm wondering if I have to disclose that when applying for a license through a state agency.
| I am currently applying to become a Licensed Associate Counselor in the State of New Jersey. On the application it asks 2 questions pertaining to any criminal past. Question 10 says:
"Have you ever been summoned; arrested; taken into custody; indicted; tried; charged with; admitted into pre-trial intervention
(P.T.I.); or pled guilty to any violation of law, ordinance, felony, misdemeanor or disorderly persons offense, in New Jersey, any other
state, the District of Columbia or in any other jurisdiction? (Parking or speeding violations need not be disclosed, but motor vehicle
violations such as driving while impaired or intoxicated must be.)"
Question 11 says:
"Have you ever been convicted of any crime or offense under any circumstances? This includes, but is not limited to, a plea of guilty,
non vult, nolo contendere, no contest, or a finding of guilt by a judge or jury."
Then says:
"If “Yes,” provide a copy of the judgment of conviction and the release from parole or probation. Please provide a complete
explanation. (Attach additional sheets of paper to this application.)"
My story, in short, is that when I was 17 I had a verbal dispute with a fellow employee where I worked at the time and after hours I vandalized (keyed) his car in the parking lot while no one was around. He later noticed this and attacked me. As we were rolling around on the ground the local police happened to make a u-turn in the parking lot, came across us, and ultimately we both ended up in handcuffs and were brought to the station. I'm not sure if this technically counts as an "arrest" and I was not read my rights at any point. I'm fairly certain that this would at least count as "taken into custody". I admitted to the police that I scratched his car and they saw us physically fighting. If I remember correctly, the chief told me I was being charged with "criminal mischief in the form of fighting" and "vandalism". In the end, I had to go to some kind of meeting at the county courthouse where I was interviewed with my parents by a person who basically asked if I'd been disciplined by them for what I did. When they confirmed that I had been, she said that I would be required to pay to have his car repainted, which I did, and that was the end of it.
I do not know what all of that really boiled down to in terms of what records show. I also do not know what shows up in a background check pertaining to this. I've always answered "no" to questions that ask if I've been convicted of a crime, but I've never been asked about arrest specifically before. I also find it interesting that question 10 does not ask you to elaborate for an answer of yes.
My questions:
Can I answer "no" to question 10 since this happened before I was 18? (I know I probably didn't give enough information to answer this)
If possible, where can I get more information about what actually happens to one's record after they turn 18? I feel like I've always heard conflicting information about this and never know what to believe.
Who do I go to in order to get more information about all this? Can I request information from the county or the town where this happened?
If I answer "yes" should I expect to be questioned further or should I volunteer information?
I'm not so much concerned that this will affect my chances of getting my license, but more concerned about how much this could delay the process. If possible, I'd like to answer "no" and avoid any further hangups but I feel like it could be a big issue to get caught saying know "no" when they have information to the contrary.
| > I'm not sure if this technically counts as an "arrest" and I was not read my rights at any point.
They do not have to read you your rights at any point during the arrest process.
The fact of the matter is that you were either arrested or taken into custody. It doesn't matter that you were under 18 at the time, and so you should answer yes. Answering "no" and getting caught in a lie is a good way to make sure that your application gets denied with extreme prejudice. |
Landlady is seemingly coming up with random reasons in an attempt to keep my deposit because she needs to renovate the apartment. Florida
| I just bought a home and have moved out of my previous apartment. I would consider myself a model tenant, rent was never late, I often stayed home from work to have repairmen come by as she is located out of state and even helped her show the unit when I was in the process of moving out. I even gave her 60 days notice rather than the customary 30 days. I have been there about 2 years
She has always been flaky and a bit out there but rent was about $500 cheaper than other units in the same building so I dealt with it.
When I moved in the dishwasher and microwave needed to be replaced, and she mentioned she had wished she had made the previous tenants leave a deposit as they left it in shambles cosmetically. A portion of the carpet was torn up and taped down, the entire unit had to be professionally cleaned and we had to repaint.
As I chose colors I liked for the kitchen and bedroom I paid for them myself and she paid for the rest of the paint. She had come down a few months ago and remarked she really liked the colors I picked and would probably just keep them. But now she is stating she needs to have them repainted.
And the carpet that was torn up before we moved in, has gotten worse with just general wear and tear. I've done my best to keep it up but unfortunately its 15 year old carpet and not much I could do. She is also saying carpets completely need to be replaced so likely will be keeping the entire deposit.
However when I moved in she stated she would have it cleaned (as it was disgusting, I'm talking had to scrape the grease off the cabinets with a razor blade), and was going to have the carpets cleaned. She did neither and I had to have my friend (who is a professional cleaner) come help me clean it. Their estimate for cleaning were they not my friend was around $600 for the state it was in.
There was also an issue where her ex business partner was harassing me and claiming he owned half the home and was going to kick me out.
So my question is with all that what can I do to fight for my deposit back? I understand a portion of it perhaps for some things but she is clearly trying to renovate and using my deposit to do so.
I have emails and pictures of what the unit looked like before we moved in as well as her stating she would pay for cleaning and she liked the paint as is.
Do I have any rights here? Or is she able to claim whatever she wishes and keep the full deposit? If she does should I make her pay me back for the cleaning I had to have done or would it not be worth it by the time it was all settled.
| Sue her for your deposit back and take all your evidence to court, especially before move in and after move out photos. She can charge for damages above normal wear and tear from the condition you received the apartment in, not for upgrades or to replace things that have passed their useful life. Sounds like you gave the place back to her in better condition than you got it. |
Leaving an estranged child $1 in your will rather than writing them out completely
| I feel like at least five times today, I've come across both the advice to leave an estranged child $1 rather than writing them out completely, followed by a comment saying "don't do that, someone else knows why", and exactly zero comments explaining why. So, why?
| Sometimes the argument goes like this: Leaving an estranged child, or wife, or regular child $1 in your will makes clear to a probate court that you didn’t “forget” to include that person in your will and that you actually meant to cut him or her out.
Here’s a typical situation.
Let’s say you write a will at age 30, but subsequently have an estranged child who never goes in the will. You then die suddenly at age 45 without ever updating your will. Now the Court is forced to figure out whether you meant to cut out your estranged child or just forgot to update the will. On the other hand, if you left him $1, then the court knows your intention.
Lesson from this: Mention everyone who may make a claim to your property in your will.Answer #2: My aunt had one that acknowledged she had children, and specifically excluded them. Answer #3: Quite liable to be overturned in British Columbia. YMMV in Quebec. Possibly effective in other provinces, but the lawsuit's still happening and the estate's paying for it.
If you live in a state where you can certify a will in advance (i.e., while still living), that'd be how to get around future legal challenges. |
Was served with papers regarding something I didn't sign, because it was never given to me to sign
| Located in Georgia
Me and (ex)boyfriend have a child together. We are not on bad terms, and although we have our disagreements we are doing a pretty good job at coparenting. He even brought me flowers on Saturday for Mother's Day. This morning I was served with papers from my child's father about not signing a legitimization form. I was never given the form to sign. I have texts between me and my child's father where I have told him I am in agreement to sign. He never said anything else about it to me and honestly I forgot about it. I thought the papers I was served were for the custody order we're working on until i read them 3 times, confused, and came to the realization that they were for legitimization. It has been 3 weeks since he has told me he filed for legitimization (through text). And it's been even shorter since the lawyer sent out the papers to be served.
The papers state that they want me to pay his lawyers bills that are related to the legitimization deal. I have a feeling that no judge would agree to that, but if they think I refused to sign, then maybe?
I'm going to the clerk of courts later today, but honestly I'm just stressed about this whole thing. What's my recourse considering I was never given the papers to sign? Will I have to wait until a court date, just to tell them I was never given the paperwork? And is there any way that I could be on the hook for the lawyer's bills?
Thanks for any advice.
| This is why people get lawyers in child custody cases, no matter how much the expense stings. You need one too. |
US Capitol - Treason?
| I find it disgusting that the vandalism, forced entry, armed robbery, violence, and bomb threats at the Capitol Building is not being called what it is. Rioting, looting, domestic terrorism, and TREASON.
A friend disagreed that their actions are, in fact, enough to be considered treason. The "protestors" stated their actions were deliberately in place to disrupt the electorial college count and prevent President Elect Biden from taking office. Doesn't this meet the criteria to be tried for treason?
| It could be sedition, but not treason (which means waging war against the US or aiding its enemies in war.)Answer #2: Not according to Article III, Section III of the U.S. Constitution.
>Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
>The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted. |
Can the hotel I work for charge me for a friends bill? Colorado
| I offered a friend my "friends and family" discount for two nights, and he ended up staying for three weeks without my knowledge. He ran up an $1800 bill, and now the hotel wants me to pay for it. Can they do this?
| >Can they do this?
*Maybe.* Here's what you have to look at: Are there terms and conditions on the friends and family discount? Is there a policy about it? Is it spelled out in a contract, handbook or other source?
It *may* be that they tie the friends and family discount to a code associated with an employee specifically to hold employee accountable if there are problems with the guest. I would not be surprised to see that kind of a vouchsafe system in place; **however** absent an agreement of some kind defining this transferred or joint liability they cannot hold you accountable for someone else's bill, damages or charges.
tl;dr: Yes if there is an agreement w/r/t discount
No in most other cases. |
[CA] Ex-fiance refusing to return engagement ring
| I made a post a while back about my ex ignoring me and refusing to return my engagement ring. As suggested on here, I sent a letter demanding the ring or payment of $10,000 \(just slightly less than what I bought the ring for\), or that I would take her to small claims court. Essentially, my ex gave me an ultimatum, we didn't agree, and she moved out immediately. I see it as her ending things, though I'd imagine most people would consider it mutual. According to cal civ code 1590, this means I should have rightful ownership of the ring.
This week, I received a letter back from her mom. Still no actual contact from my ex\-fiance. The letter gives a date and time that I could go to their home and pick up the ring, in exchange for a check written out to her and her daughter. The check to her daughter includes rent costs that they believe I owe her from when she suddenly moved out. When she left, she took her name off the lease and I let her, yet they're demanding half the month's rent, parking cost, remainder of deposit, etc. The check she wants written to herself includes costs for wedding items, such as deposit for the venue, photographer, cake, wedding dress, etc.
My question is \- can they seriously demand all of this payment from me? I took no part in any of the wedding planning or payment, how can she suddenly demand I pay for every single wedding cost that was canceled? I could see if she wanted maybe half, but they've included receipts and are asking for full amounts. Ironically the sum of their demands equals nearly $10,000. Is it worth it for me to take my ex to court for the ring, and risk them trying to get money out of me for these things, or am I safe in taking her to small claims court and shouldn't worry about their demands? I can't afford to pay what they're asking, that ring was half of my savings plus I've been paying more rent on my own thanks to her leaving for almost a year now. Thank you kindly for any advice.
| You sue her. She counter sues you. You let a judge figure it out.
I would stop with the bickering with her and her mom. It's pretty clear that they will not be returning the ring. And next thing you know, they will be making claims of harassment.
We can't really predict the outcome of court. I mean... it SOUNDS like you have a good case. But, we have only heard your side of the story.Answer #2: You don't owe your ex anything for her moving out. She chose to leave. Any settlement of funds related to leaving the lease would have been settled with the landlord in most cases.
Wedding costs, like deposit and wedding dress, are up to you to do ethically but you aren't financially responsible. Is your signature on anything for the deposits? If not, ex's mom cannot enforce the request easily. Full amounts are ridiculous to ask.
I would continue to take her to small claims court over the ring. Answer #3: CA lawyer here. Assuming you yourself personally did not enter into any agreements with these wedding planners and vendors, then you most likely owe nothing to your ex, and definitely owe nothing to her family. You are entitled to file suit to recover the value of the ring. This is likely something you can handle without a lawyer judging by the fact that you are clearly capable of researching and reading the law. |
Illegal photographs.
| I just was made aware an employee at a grocery store was taking photos of me. Another customer alerted me and I saw point blank a flash go off at me. When I went to chase the employee he ran to the back room. I was able to get his name and also the witness. I filed a complaint with the store manager. What are my legal rights?
| You were in pubic, so you probably don't have any legal rights here. It may depend on your location, though.Answer #2: Legally, there's not a lot you can do. You were in a public area, you had no expectation of privacy, but that doesn't mean this guy wasn't an asshole taking pictures like that. If the store manager doesn't do anything, talk to his superior. Get this guy fired or something so he learns that this isn't acceptable behavior, and he doesn't do it to someone else. |
Poperty that got usurped from me
| I bought a house a few years back and put my ex domestic partner on the title, but he's not on the mortgage. When I lost my job he kicked out me and my pets.
| If you bought a house and put your domestic partner on the title but not on the mortgage, and then you let that person kick you and your pets out of your house, then you are not likely to find sufficient help for your problems on the internet. I am serious here. If those things are true, then your problems probably go MUCH deeper than just this situation and the legal issues surrounding it and you will probably need someone trustworthy to guide you step by step - but who can you trust?
OK, the above said, you could walk away from your mortgage. That means your credit score would go WAY down and you probably won't be able to get any type of loan, mortgage, or credit card for at least 7 years. It also would mean that the bank would foreclose on the house, take possession of it, and kick your ex out of it - but that would take many months to happen.
You might also be able to get an attorney to help you force a sale of the house with a split between you and your ex of any proceeds or losses.
But like I said, you really need an attorney that you can trust. |
My YouTube Video was Muted due to the use of Copyright Material (Songs) I disputed it under the clause of fair use, which I feel it more than meets. Still lost the dispute. How do I successfully appeal the decision?
| Hello everyone, thank you for stopping to read my question. I didn't find anything in the FAQ about copyright, so I figured it was right to post. If not, let me know and I will delete it. Now, on to the problem.
I host a /very/ humble YouTube channel and I'm presently doing a modded (modified with user generated or gathered content to alter the experience) play through of Fallout 4. I have a user-created mod that greatly diversifies the radio playlist in-game with more stations and songs. I decided to showcase this mod and talk about it a bit while I was playing. Minutes after uploading the video, I got an email saying that my video was muted due to the use of copyright material. The (5) claimants were the record labels of the songs that were used in the mod. I disputed by citing the Copyright Disclaimer under section 107 of the Copyright Act of 1976. My video is non-profit. I do not advertise, I do not make money in any way. I post my videos so that 1.)People who do not have the means to play can enjoy the game in some form and research it for potential future purchase, 2.)People may criticise my editing, narration, and gameplay, and 3.) To allow people who can not or have not modded a game to research what they might like. I do not claim the material as my own, I give credit to the modders in my first video. I got an email back the next day (following the dispute) that the claim was still valid. No reasoning, no explanation, no advice on what to do to appease the claimants, and no direction further. If I appeal and fail, they can take my video down in a copyright strike. I know that my video meets fair use, but I can't help but feel that I'm a nobody Joe-Schmoe Vs. a building full of lawyers. Can I credit the artists and labels in the description? Can I "fight" this in any way? I don't want to make money, I'm not here to prove a point, I literally just make videos for people to enjoy and make myself a better narrator. Thank you all so much for reading, I look forward to your responses.
| What makes you think that qualifies as fair use? It certainly doesn't sound like fair use to me.Answer #2: None of what you describe is applicable to the issue. Your problem is you're using additional copyrighted music without permission. The musical piece doesn't fall under fair use.
> People who do not have the means to play can enjoy the game in some form and research it for potential future purchase,
The music you used has nothing to do with this
> People may criticise my editing, narration, and gameplay
The music you used has nothing to do with this
> To allow people who can not or have not modded a game to research what they might like.
I bet you know what I'm about to say...... the music you used has nothing to do with this.
> I know that my video meets fair use
You are flat out wrong, it does not.
> I can't help but feel that I'm a nobody Joe-Schmoe Vs. a building full of lawyers.
No, you're a guy who is wrong up against people who are right.
> Can I credit the artists and labels in the description? Can I "fight" this in any way?
No and no. Don't use the music, problem solved. |
[NY] My co-worker says not to refer candidates who smoke cigarettes?
| Throwaway for obvious reasons.
I work at a tech company in NY and my co-worker on a different team asked us for referrals for a position that he is trying to fill. He explicitly mentioned to us not to give him resumes of candidates who are smokers. Should I take any action for this? Mention it to HR?
I am also a smoker and haven't had any problems at work because I smoke. I do think some of my peers or even my boss might be unhappy that I take smoke breaks. (Our time is not monitored because we are all salaried employees). If someone at work is counting how many times I leave my desk or counting my smoke breaks, should I be worried?
What are my options?
Topic:
Labor Law
| I was about to tell you that being a smoker isn't part of a protected class, but in New York there are laws to specifically address this situation. Huh. See http://www.lungusa2.org/slati/statedetail.php?stateId=36#jump7
I'd probably mention this to HR in your shoes, particularly given that you're a smoker yourself. |
[GA] trespassing recourse
| Brief back story: I have been looking after my grandmother's property since she passed away a few years ago. On the property is the old 1946 family home that all my uncles/aunts were born in. The house was in dire need of maintenence when I started taking care of it so I'm currently in the middle of a major remodel and not living on the property. However, I'm there every day to at least care for the animals or work on the house when I'm not at work.
In mid-October, I acquired an old 1920s safe from a cleanout. We unloaded it late so I left it on a pallet and covered it with a tarp until I could move it into the barn. The previous owner had lost the combination but it looked cool so I took it. Anyway, on the 10th of November, a county investigator and uniformed city officer (not his jurisdiction) showed up at the house while I was there. After a lot of bush beating, they finally told me someone had reported the safe and how suspicious it was.
Initially, I thought the drywall guys had reported it but after getting the reports, it seems a neighbor had done it. I can understand it looking suspicious but the safe was in my front yard, covered by a tarp, and in the center of the 5 acre property. It is really unnerving knowing someone is snooping around the property so I'm wondering if there is any legal recourse for them trespassing? There were no trespassing signs at the time but there will be now.
The neighbor wasn't specifically named in the report but the options are limited. My end goal is to simply send a message that trespassing will not be tolerated. I mean, the cops came to my house and harassed me for my legally-purchased, covered property. They were there several hours and relentlessly questioned me about it and even called a locksmith to open the safe but declined once he stated it would cost $800.
| No tresspassings signs and a camera. Then press charges.
In the future you can decline to talk to the police and ask them to leave your property. It sounds like they were bored and went on a fishing expedition. |
Is a minor legally able sign a lease for an apartment in NC?
| Due to a bad home situation, I plan on moving out before I turn 18. I'm not being abused or anything like that, I just need to leave. I have a steady income, but because I'm a minor I don't have any credit. Am I legally able to sign a lease with or without a cosigner? Do you think it is likely that a renter will reject me because of my age? Thank you.
| Yes, you can sign it. And, since it's for a "necessity," the apartment complex can sue you if you don't pay rent. But, because you're a minor, you would be able to terminate at any time until you hit 18.
As a result, any sort of corporate apartment complex isn't going to have much interest in renting to you. You might do better finding somebody with a room for rent. |
Shooting while on disability in Ohio
| I'm on disability for mental illness. I'm in no way violent. I have no history of violence. No police record at all, unless you count speeding tickets. Is it legal for me to shoot at a shooting range? I'm sure many of you will have some snarky comments for me and that's fine.
I found Ohio.rev.stat.2923.125 but don't think it applies to me. No one takes care of me, I've never been forcibly hospitalized by any person or court and am not an involuntarily ill patient. If there's anything else that's out there, I haven't happened upon it yet.
Thanks for any help you can offer.
| The statute you linked deals with getting a concealed carry permit. While you probably cannot get a CCW permit due to your mental illness, you can go shooting at a range |
How to stop my dead sibling's adopted out child from contacting me or my family?
| [QLD Australia]
Back years ago my sister and I grew up in a shitty home where our drug addicted crack whøre mother and our maybe daddy raised us, we were regularly beaten and neglected, then occasionally molested and raped in our preteens/teens by randoms that came to the house, our parents either didn't care or know, when my sister was 14 she fell pregnant via most likely rape and then our family went under investigation where our parents were jailed for neglect and abuse meanwhile we were put in foster care then sent to live with some relatives.
The baby was immediately put up for adoption after birth, then my sister killed herself a year later in a mental asylum. When I turned 18 I immediately left "home", didn't keep contact, got a job, went to university, got married, had children, etc. Life goes on. Except the child has decided to be a killjoy from the past and is trying to get into contact with me, I want nothing to do with them, obviously they're alive and well so I don't see why they have to come and bother me 18 years later. I do not want them contacting me, my spouse, or my children. I'm not sure of what legal actions to take since currently they have my name, number, and home address. I told my sister's child I do not wish to have contact with them but they continue pushing the matter.
How do you legally deal with this?
| Why not write them a short letter, giving a bit of info that is straight and to the point, pretty much even less than you wrote here, and send it to the child?
The child didn't decide to be a killjoy. The child is interested in learning about their past. It will forever haunt them, not knowing. Write them a simple letter saying what you said in the first paragraph, and say that now that they know the truth about their family, you want them to understand that you want no part of that past contacting you, even though they had ABSOLUTELY no part in the situation. And should never blame themselves because it wasn't their fault, you simply do not want to be in contact because it reminds you of your past and you've moved on from it and are happy, have a family yourself and hope the best for them in their life.
Send a small gift with it if you can, maybe a monetary gift to help them out with getting started. If the child still pushes the matter after that - then send a message of "you're following in footsteps you should not follow, by insisting on contact. Let this be the last time, and know that there are boundaries that other people will have against you for no understandable reason - to you - but they are boundaries you should respect regardless. And here is mine - contact me again and I will pursue a restraining order."Answer #2: The child doesn't know. Don't be unkind. I agree with the comment saying to send a small note. |
Violation on in-car breathalyzer (5 or more successful attempts to start the vehicle)
| [deleted]
| You probably will not like this ~~advice~~ suggestion.
STOP DRIVING until you resolve your alcohol problem (which you probably believe does not exist.)
If you need to refuse a breathalyzer examination (legally may have been a smart choice), try "blowing through my t shirt" and guess "I'm usually pretty good about knowing when I'm going to pass..." that you are able to start the car and drive safely you seem to have an alcohol problem.
Unclear to me when your girlfriend's violation occurred and why she was using the car breathalyzer but it does not seem related to this violation.
Before you injure/kill yourself or someone else in an accident or end up in jail, suggest you consider making changes and/or finding help.
Might want to consider consulting with an attorney on the best response to the violation letter. |
Underpaid my rent by $50 accidentally. Notified Landlord...no response. What are my obligations?
| [deleted]
| Send a check for $50. |
Working over 130 hours in one month, but still considered part time? (U.S. Virginia)
| Just hired into a new job (retail) in August. Added up my hours scheduled for September, and I will be working 133.5 hours for the month. Since I'm not eligible for benefits for the first 90 days of employment, can my employer just give me full time hours (great than 130 a month to my understanding) and still consider me part time? What happens after my first 90 days when I become eligible for benefits, if I am scheduled and work over 130 hours in a single month? Thanks in advance.
| You can work 40+ hours per week and still be classified as part-time. That is how retail works.Answer #2: A are you asking about company policy or the ACA provisions that require benefits be offered to full time employees? If the former... Policy governs. There's no law that separates part time from full time employment. If the latter, no, you would still not technically be eligible. You have to work a certain amount (1,560 hrs, or 130 hrs a month) in the last YEAR before the employer is *required* to provide insurance. The first year is called the initial measurement period. But they are certainly *allowed* to, again, depends on the employer's policy. You would want to ask your hr dept what their measurement period is. |
I most likely have missed a call in for drug test on misdemeanor probation
| So I been on probation in colorado for since april. All my UA's have been clean. However this month I've only had 2 UAs when I've had 3 every other month. I've made it a habbit of always calling in as soon as I wake up, I really don't remember missing a call in one day but seeing how I've only had two test I must of missed a call in that was on a test day. What's going to happen to me?
| First and foremost I would go ahead and call your PO and just check. If you have done well to always call and have always passed, they may give you a bit of leeway. (I know it can be hard to see it this way but a lot of them really do want to see people do better for themselves). Or you could find out that your PO only wanted 2 this month and everything is fine. The call is definitely a first step.
If you have missed one it is possible for them to put out a warrant. (Most county sites have a place you can check to see if you have one issued)
Likely will have another court date and some fines. Main thing is if you do have to see a judge be respectful and show up ready to show that it was an honest mistake and offer to give a sample that day if needed.
Wishing you the best. Stay safe, stay clean. |
Land Lord making up charges, says he'll evict me if I don't pay.
| [deleted]
| Are you renting a room or an apartment? Are you living with him?
First of all unless its stipulated in the lease I can't see him fining you nor evicting you on this. In addition, he cannot fine you for punishment. He can only fine you to recover his losses, I find it difficult to believe a court will agree taking out the trash equates to $50.
> Can he evict me because the public trash isn't sorted to his liking?
When an eviction happens it will be entirely reliant on the lease. If nothing of what you did is spelled out in the lease his eviction case wont hold up.
Answer #2: IANAL but I do live in Seattle. Can't say much to the vacuuming thing and getting fined but you do realize that he will get fined from the city for not sorting the trash, recyclables and compost? This is a legitimate issue that you need to be more aware of and follow through on. Answer #3: He can't start charging you random amounts because public spaces aren't clean. Also, future note- never live in the same building as your landlord.
Ps- Besides this, I might be moving to renton/seattle soon. Do you like the area?Answer #4: I think I know this house and this landlord. Don't short the rent, that will get you evicted. Do contact the City of Seattle Landlord-Tenant office and let them know about this. |
(NY) Potential Job Interview Cancelled Because I'm Pregnant.
| I'm 4 months pregnant and a potential employer reached out to me because he was impressed by my resume. We set up a time for an interview. After that was set I told him that I'm 4 months pregnant but it doesn't impact my ability to work for the next few months and that I don't expect paid maternity leave. Then he cancelled the interview because he said that won't work for the company and told me to enjoy my bundle of joy. Is this legal?
| Standard I'm an attorney but not your attorney: assuming the potential employer has more than 15 employees you've got a case. Contact your county bar association and ask for an employment law referral. As an aside, I was in your shoes a year ago when work circumstances mandated a move at a less than ideal time. Got interviews at every firm I applied; got no offers as soon as they saw my belly. |
Can I sue Geico?
| I was recently in a car accident and not at fault. My car was totaled and I received 10,000 due to my injuries from the accident. Also, I have been going to a couple of doctors and the chiropractor which was ridiculously expensive. Geico claims to pay 80% of that, but they refuse to pay that. They payed about half and now I'm left with only 2,000. Isn't this illegal??? I'm wondering if anyone has experienced something like this and if it's worth taking to court.
| If GEICO is the other guys insurance, and you didn't sign a settlement letter, you sue the other guy for your out of pocket expenses. You don't sue GEICO. Again, this is assuming it is the other guys insurance. |
Haircuts and custody
| Asking for a friend.
She has full custody of her three sons (ages 3,3, and 1). He has 7% visitation ( was higher but he bailed so many times that they adjusted it).
He is a total douche. Leaves her when she's nine months pregnant with the third. One month later gets a teenager pregnant and gets engaged to her. Hasn't paid a cent of child support because he just switches job. Asshole.
Anyway, this weekend he had them for his few hours and shaved their heads. The boys had really cute hair (was normal not long or anything) and he just shaved their hair off.
Does she have any recourse?
Location : CA
Edit: upon further inspection it looks like when he shaved their heads he actually cut them because he isn't very experienced in this sort of thing. They have cuts behind their ears and on various places on their scalp and there's dried blood.
| She can complain to the court and get the visitation adjusted.
Supervised visitation, maybe? |
Real Estate Agent Forges Background Check, Now Threatening to Uphold Lease
| Hello /r/legaladvice,
Found myself in an escalating situation with my Real Estate Agent and need advice on how to proceed.
I have a few rentals and he has found the tenant each time in the past successfully without complaint. I recently bought another rental and enlisted him to find a tenant. He came back with one and there were a few red flags. First, the copy of the Identification card was such a bad photo copy the face could not be made out as well as many of the words. One thing that was clear, was that it had expired well over a year ago. Second, the initial credit & criminal check came back with two fraud indicators, a Current Address Mismatch and that the SSN may be invalid.
I came back to him with these concerns and he said he had already run a second background check and it came back clean, I reviewed the check and was satisfied and signed the lease. The next morning I was still troubled by the Identification Card so asked the realtor not to send the lease until we received a valid copy of a non expired license, the realtor agreed in email.
I called the company that did the second background check just to verify everything was fine and they had said that they had never done the background check, the realtor had used them before but not in a very long time, they asked for a copy and would investigate it.
The company tried contacting him several times by phone and he did not pick up, he called me panicked and asked me what I told them, I relayed that I inquired about the background check and we got off the phone.
The background check company called me back, said they had not done the check, the document was forged and that our realtor was a fraud, the owner was looking into their options against him and they are contacting any mutual clients to see if there is a pattern.
My realtor called me back today and said the "other" broker was threatening that if we did not uphold the lease if they provided valid credentials for the tenant, they may pursue this legally. He admitted that he had someone he trusted run the second background check in his office and that they may have done it incorrectly and not to hold that against the tenant. We should just have another check done and move on with this tenant.
I am baffled why my realtor would go to these lengths over such a small contract when they could have rented the place legally and received the commission. There appears to be more to the story, because after I became suspicious and have evidence of the forgery, my realtor is still not backing down. How do I proceed from here?
Edit: Location Washington DC
| >How do I proceed from here?
You have a couple of options, but both options should include you cutting out your realtor and not paying them any commission for this deal, because they committed fraud.
Option one is to deal directly with the tenant broker and have them provide a current background check, and at least two current forms of identification, because their other identification was expired. If it checks out, consider renting to them.
Option two would be to refuse to move forward with this tenant at all. If the tenant broker is looking to go after someone for their commission because they believe the deal should have moved forward, they can go after your (hopefully soon-to-be terminated) broker, as your broker has liability for committing fraud. |
I want to sue my former step father for abuse, but I am below the legal age to file a lawsuit.
| When I was 10 my mother married a seemingly nice guy from what I can remember, he even had two kids of his own which I’m still in contact and have a close bond with today. But when he moved in things got bad.
He repeatedly psychologically, emotionally, and verbally abused me, resulting in clinical depression and general anxiety, which in turn resulted in my going suicidal for two months when I was twelve. After leaving the psychiatric ward, the abuse got worse, and then the last night i can remember of him happened, I’ll try to make it brief.
After the cable box was unplugged, still unsure how, he blamed it on me because I was in the room at the time. I told him I didn’t do it, and I hadn’t, he continued to yell at me, at that point I ran up to my room and closed my door. My sister heard the entire thing, so I have a witness. And she called my grandparents to pick me up, who thankfully only lived a mile away, eventually after he walked into my room and continued to yell at me, my grandfather walked me outside into his car, and tried to talk some sense into that bastard. I should mention I was having the worst panic attack at that point that I have ever had. Two years later, my mother got custody of me and my sister, (my two step siblings lives with their mother thank god), and now they are divorced. I don’t know what to do. My mother can’t sue him, for reasons I have yet to be informed on, i’m assuming it was because she wasn’t present most of the time. And my grandfather witnessed part of the abuse, so I have two witnesses, and a clusterfuck of mental disorders.
Topic:
Custody Divorce and Family
| Your guardian would have to sue on your behalf. If they don't want to, you're just going to have to wait until you're of age. But, if you're basing a law suit on the incident you've described above, you're going to have an uphill battle. |
[CA] Investigator working for the lawyer of the woman who assaulted me is calling me.
| I believe it is important to point out this was not a sexual assault. The investigator working for the lawyer of the woman who assaulted me is calling me and says he wants to ask me questions. I still have a lot of trauma and pain recalling these events. I know I have the right to decline to speak to him but I also read that he has the right to keep calling me. Is this true? Is there any benefit of talking to this guy? I don't want to help my assaulter in any way. Also, can anyone enlighten me on why he is calling me now when the assault happened a year and a half ago? I have contacted the DA to ask what I should do as instructed by the detective I spoke to after the investigator called. They have not returned my call as of yet. Should I get a lawyer?
Topic:
Criminal Law
| You absolutely don’t want to speak to this person without the assistance of your own attorney. |
I just found out that my license has been suspended since 2012 for a red light camera ticket I never knew about.
| So, here's the story...
I was submitting a background check for a potential employer and the company doing the check told me that my ID was invalid. So, I called the DMV to couble-check and they told me that my license has been suspended since 2012.
Apparently I received a ticket from a red light camera. This is the first I've heard of it. I had moved around that same time, so I'm assuming that they mailed the ticket to my old address after I moved.
Strange thing is, I've updated my address with the DMV and purchased car insurance from Progressive and nobody ever mentioned my license status until this job background checked me.
Now, the court says I owe them $1,265. This was just told to me over the phone, I still have not seen the ticket. They've had my current address for years, and yet they've apparently never made any effort to contact me about this.
I can go in during their open court hours to speak with a judge about it, but I want to make sure I know my options and am prepared as possible. What should I do?
| A traffic lawyer can help negotiate with the court and reduce your fine and get this out of the way.Answer #2: Out of curiosity, because most state licenses expire after roughly 5 years...
Aside from updating your address with the DMV, when was your current license last issued?Answer #3: Just to add. You should not be driving until this is sorted out. If you get pulled over you're in for a world of hurt. Contact a traffic attorney ASAP. They should be able to handle this fairly cheaply and quickly. |
Should I sign a "Waiver of Pre - retirement Survivor Annuity"? Troubled marriage.
| Married 22 years, husband cheated with 4 women over a 2 year period. We're attempting to restore the relationship and remain married, but as you can all imagine it is difficult for me to have confidence in our future together. I've spent our entire marriage signing anything he puts in front of me without question, but no more. I believe his intentions for the marriage are good, but I no longer trust my own judgement and promised myself that I would be guarded regardless of how secure he may make me feel on any given day.
He has accepted an employment offer from a company he's been doing contract work for, and the benefits paperwork contained a "Waiver of Pre - retirement Survivor Annuity" for me to sign and have notarized. My understanding is that in doing so I would be waiving my required consent to him changing the beneficiary of his retirement benefits including 401k and life insurance benefits. He would also be able to cash out before his retirement without my consent. Is my understanding of it correct?
I would normally sign this without question if he told me it was for simplicity or something like that but there's a part of me that fears he could completely cut me out of the 401k or empty it if he suspects that I am about to file for divorce. Should I refuse to sign it?
To be clear, my intention is not to divorce at this time or any time before giving recovery from his infidelity the chance it deserves after 22 years and 3 kids. But I just can't trust right now.
**UPDATE: He emailed the plan administrator and she wrote back telling him he could simply leave that form out of the packet he returns. So, problem solved. He seemed relieved that this wouldn't have to become one more thing for us to work through, so I feel better that his intentions were just to get his paperwork done, not to set me up to get screwed. I will still keep my guard up, but this is a happy ending. Thanks so much for all of your comments!**
| Don't waive anything and go see a lawyer *now*. Annuities aren't really all that great anyways - it's you handing money over to a bank and them paying you a portion of it once you hit the right age; once you die, the rest of that money's gone forever - it doesn't pass on to your kids. |
Received another eviction notice for tomorrow - after reaching court decision.
| Original post: https://www.reddit.com/r/legaladvice/comments/8bp7o9/judge_gives_time_to_pay_after_eviction_is_filed/
So as mentioned, the judge made a decision on our case and we have been making the payments according to the schedule. We had our mail forwarded to a P.O. box in preparation for moving the first time, and checked the mail today to find another eviction notice issued from Thursday, April 26th, giving us until May 4th (tomorrow) before the marshals come to evict us. We called and found out we are scheduled for eviction tomorrow.
The dates of payments to be made were two days after the original court date (April 10th, so April 12th) and one week or so afterwards, which were both paid. The third payment, May's regular rent, was to be paid by May 9th. That means the landlord filed for eviction again before the third payment was even scheduled to be made, and after we fulfilled our agreements to pay the first and second time.
Do we have to worry about being evicted if we are holding up our end of the bargain?
| Yes, you really have to worry about being evicted if the marshals are supposed to show up at your property tomorrow. Call the landlord immediately and call the court with your proof of payment in hand to ask what to do.Answer #2: Yes, you need to prepare to be evicted tomorrow regardless. You can battle it out in court later. Right now you need to be focused on your belongings and finding a new home.Answer #3: I just wanted to add if you have anything from the court, please keep it on hand, because it is very likely they may still show up at your door tomorrow. My SO does evictions and there is an incredible amount of information of what happens in court vs. when and what they're told. If they already have the directive to do your eviction, someone is already planning on being at your place at x time tomorrow, and courts are excellent at not communicating as well as they say they're going to. It's a waste of their times, and yours, but if they show up, please try to be understanding and just show them the paperwork, because they're just doing what they were told x days ago. |
Pittsburgh, PA. The person I babysit for will no pay me.
| I babysit two kids for a divorced mom. When I started, I was told that I would be paid every other week by check from the ex-husband. It has been 6 weeks now, and the ex-husband told his wife that he is just not going to pay me. I am owed $200 dollars. Is there any legal action I could take to get the money that I am rightly owed?
| Yes. You can sue the mom. Small claims court. You won't get any future work from her. (But, if she's not paying, then you're not likely to accept any future work from her either.) |
woman tripped over child at wedding reception
| IN a nutshell - About 1 year ago me and my family were at a wedding reception in Louisiana. Early in the night my young child (11 months old at the time) quickly wondered (walked) onto the edge of the dance floor and a woman who was dancing tripped over him, falling down and injuring her hand and arm. She has had multiple surgeries in the past year and is now looking for compensation. Does she have a case? If anyone has any (serious) questions, PM me and I'll give as much info as I can. Thanks!
edit:
I found this information, for what it's worth:
http://law.justia.com/codes/louisiana/2011/cc/cc2318/
and this
http://family.findlaw.com/parental-rights-and-liability/parental-liability-basics.html
| LA personal injury lawyer here. If you haven't been sued by the 1 year mark you're in the clear under Louisiana's prescription (statute of limitations) laws.
A toddler walking around is an open and obvious condition and the adult party guest would have avoided tripping over the kid if they were exercising reasonable care in any event.
I wouldn't worry.Answer #2: Yes, as a general rule injuries caused by your child's acts are your responsibility. Liability depends on whether you were careless, and whether the woman was careless (it's very fact dependent.)
Hopefully you reported the injury to your insurance company, and the insurance at the reception site as well.Answer #3: We don't do PMs here, generally.
Winning a lawsuit against you would require proof that either the child was negligent (and the parents therefore vicariously liable) or that you were negligent in allowing this to happen.
The minimum age for negligence by a minor varies from state to state, but I don't believe it's as young as 11 months anywhere.
Whether it was negligence on your part or on the woman's part -- or some combination -- is a fact-specific analysis that is too complex to address here.
If she sues you, speak to an attorney who does personal injury defense. If at the time of the accident you had homeowner's/renter's insurance with personal liability coverage, then contact them first if you get sued.
If the woman has medical insurance covering her expenses, it's not likely she'd have enough of a claim to make it worth suing. |
Can writing "i hope you go to jail" get you arrested? (CA-US)
| Somehow, I got an email from the GOP asking me to sign a christmas card for the President. I thought it would be funny to say "i hope you, pence and ryan spend christmas in jail! Resign you traitor."
After I hit send i instantly felt afraid.
I am a pacifist and wish no harm on anyone.
I know it was stupid. Should I be scared?
Topic:
Constitution
| No. Hoping the legal system comes down on someone, justified or not, isn't a crime. Name-calling isn't a crime either.Answer #2: Thankfully being a dork isn't a crime.Answer #3: If that was all you said, it doesn’t qualify as a threat. You didn’t threaten violence or physical overthrow of the government. |
Does a club have the right to use a picture of my dog(NC)?
| So this is a hypothetical question, since they are my friends, but i was just wondering.
So my girlfriend took my dog to a school festival one day last week. During the trip he got quite tired, and took every opportunity he could to lay down and catch a quick nap. During one of these naps a club that neither me or my girlfriend are part of asked if they could tae a picture of him for an advertisement. My girlfriend agreed, so they took the picture; but i was wondering if she had any right to agree to it. The dog isn't shared, I pay all his bills, had him before I started dating her, and all therecords are in my name. IF I were to not want the dog to be in these ads, would I have any recourse or would I be out of luck because she consented? (NC)
| Are you on public property? That looks like a sidewalk. If so they didn't even need to ask her permission. |
PA USA How do I protect myself against competitors?
| [deleted]
| You protect yourself by offering a better price, better marketing, and better customer service. Unless your product is patentable, that's all you can do. |
[MI] My girlfriend was hit by a car while on a bike during work, not sure what to do from here.
| First time poster to this sub, so please bear with me. I'm also posting this on behalf of my girlfriend, because she doesn't like to post on Reddit, just read.
She works for Jimmy John's and was on the clock going through town on her bike while sampling (had many little sandwiches in a bag and was passing them out to people). She was crossing a cross walk at a stop sign and took her turn to go after letting the car that was in front of the one that hit her go first. As she crossed that second car in line didn't see her crossing and hit her. It was nothing too serious, but her bike does need repairs, and she was taken to the hospital because she is 20 weeks pregnant.
At the hospital they mainly monitored the baby to make sure everything was ok, which everything is fine with baby. So here we are, later in the same day; her leg is a bit sore but everything else is fine with her and our baby, and her bike is in the bike shop getting looked over and repaired.
So what do we do from here? Medicaid apparently doesn't cover anything auto related, but we think since she was on the clock at Jimmy John's they may cover it, even though she went to the main hospital in town instead of the clinic they use. Any advice would be super appreciated! If you need any more info on the matter ask away.
| Between worker's comp and auto no-fault insurance, your GF's medical bills will be covered 100%. The issue is *whose* no-fault insurance will be involved.
If she, or a relative who she lives with, owns a car with no-fault insurance, then that is the policy that will cover her medical bills. If neither she nor a resident relative has a car with no-fault insurance, then the insurance company that covers the car that hit her will pay her no-fault benefits.
To get the worker's comp claim going, all she needs to do is notify her employer of the incident.
To get the no-fault claim going, she needs to send the proper insurer a written application for no-fault benefits **within one year of the accident**. If she misses that deadline, her right to no-fault benefits will be forever lost. She can get a written app form by calling the insurer's claim line. |
Alberta: Ex-Girlfriend is charging me with assault
| [deleted]
| I would go back (or have someone else do it) and look for any cameras that may have captured the events, and try to get the footage before it's overwritten. Answer #2: Lawyer, now.
Tell him everything. Don't lie. Tell him it from your side. Try to play devil's advocate and tell him it from her side. Let him put the pieces together and build a defense for you.
On the other hand, I would see if it is possible to revisit the night where you called the police in regards to her and press charges.
You could be dealing with a situation where she might have already spun the lie way out of proportion and you will need every ounce of testimony you can get.
|
Paying Child support while caring for child more than 50% of the time
|
Hello, I own my home in Delaware and live there alone while my sons mom live in Pennsylvania with her husband. I have been taking care of my 8 year old son every Saturday morning through Wednesday Morning for the last 4 years now.
I live about 40 minutes from my sons mom, and drive over 2 hours per day to take him to and from school. I pay nearly $200/paycheck in child support to his mother in addition to his clothes, jackets, vacations and child care which aggregates over $1,000/month. His mother has no expenses for my son as she works for the union and his insurance is free, all clothes are hand me downs from her cousins son and he goes to public school. which means that
I'm currently paying at least $17,000 more than she is per year while also caring for him more than 50% of the time and am not able to claim him on my taxes. as of 2016 I was paying $180/month and his mother sued me to raise support. The courts do not as questions of
how much each person pays for the child nor how often we care for them. they only compare paychecks of both parties and calculate a "fair" amount of support, which came to over $800. we settled at $400/month. Do I have any chance at reducing or getting rid of child support?
Topic:
Custody Divorce and Family
| Child support in Delaware, as in most states, is almost always entered in an amount consistent with the [child support calculator](https://courts.delaware.gov/family/supportcalculator/Disclaimer).
You have a strong chance at seeing the amount amended if the calculator comes to a number different than the current order. You can talk to your lawyer about whether you have any chance at changing the order in a different case.
You should note that there certainly are valid calculations where you have the child more than 50% of the time *and* pay support. |
Restaurant advertises 22 ounce beer but serves 21 ounce glass
| As the subject has stated the restaurant specifically advertises 22 ounce beers for a small up-charge from the standard 16 ounce pint. I've recently come to find out that the glasses are actually 21 ounces as said on box and purchasing order. This is extremely wrong in my opinion and im curious as to what options i have to stop this practice.
| I don't know if it's extremely wrong. I consider many things I hear here to be "extremely wrong" and I'm not sure an ounce of false advertising qualifies. Have you brought this to the attention of the business owners? They might just immediately re advertise 21oz or try to find new glasses. I'm betting on the former since I haven't ever personally seen a 22oz mug/cup/liquid container. Standard is 4, 8, 12, 16, 24, and 32. |
Is this trafficking charge too harsh?
| I am an 18 year old highschool student who sold 40 ABG 30 pills to a "friends friend" who ended up being an undercover cop. I was given 3 counts of trafficking "HEROIN/OPIUM". The pills I attempted to sell were PRESCRIPTION GIVEN (albeit not to me) MORPHINE SULPHATE which is a SCHEDULE 3 controlled substance under the FDA. Under the FDA also is MORPHINE DIACETATE (AKA HEROIN) which is a SCHEDULE 1 substance.
Do I have a point?
(If you can respond to this directly I would like the answer!)
I cite: http://stopthedrugwar.org/chronicle/2011/dec/19/north_carolina_opium_law_snares
http://www.ludlumlawfirm.com/blog/2013/03/12/a-tough-pill-to-swallow-north-carolina-supreme-court-ruling-toughens-trafficking-laws/
http://scholarship.law.campbell.edu/cgi/viewcontent.cgi?article=1522&context=clr
| Our (and your) opinion of the "harshness" of the charge is irrelevant.
Get a good lawyer, hope for a good plea bargain.
And stop selling drugs. |
If you sell something on eBay, the buyer refuses to pay. Can you take them to court?
| Sold a car. The buyer says he doesn't want it now. But he was the winning buyer. Can I take him to court? And is it worth the legal fees?
| Car and real estate sales are non binding on eBay per their policy. From the website.
For motor vehicles and real estate, bids are considered non-binding. When you bid on an item in these categories, you're expressing a strong interest in buying the seller's item, but no formal purchase contract is created if you're the winning bidder. |