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Does comcast have the right to place wires on my tree?
Comcast has wires on my tree and I asked them before to remove them but they never do. They keep saying we ll send someone out. I live in Boston Massachusetts.
2014-06-14 05:57:33
6
You would need to check the deed to your property to see if they have an easement granting them a right to place wires on your property. You would need to check to see if the tree is in the public right of way. If the tree or wires are in the right of way they make have right to hang those wires there. You should probably either contact a lawyer or your local public works department.
2014-06-14 06:39:35
9
Landlord refusal to provide internet
8,001
Out of state plaintiff suing me in question?
I am getting sued by an individual from out of state. I live in NY. The defendant stated that Elmalicach vs Bank of China LTD. allows him to sue using his own state laws. His complaint refers to his home state laws. This is a person and not a company. It this interpretation correct? Will I refer to NY law in my cross claim?
2016-05-30 16:24:14
5
Jurisdiction for a civil suit depends on the facts and the cause of action and the states involved. We don t know any of that so we can t say if you were properly sued in another state or not. If you respond with anything other than a motion to dismiss or preliminary objections due to improper jurisdiction then you will have consented to try the case in the forum where it was filed.
2016-05-30 16:32:07
4
Miscellaneous Legal Query
40,138
Hiring expensive Lawyers in a will contest
Hi I m in Singapore and under UK laws without a jury system. The contestants have hired a “famous lawyer”. According to my lawyer we have the moral and legal high ground a supporting LPA document with medical notes a Last will with medical notes and it s unlikely that we should have any issues. Their last will is dated 2012 and mine is dated 2015. I also have a 1994 will that is similar to the 2015 one. The LPA is dated 2015 after my last will as well. Should I be worried that they hired a fancy lawyer? Thanks!
2020-03-05 07:11:47
6
No. All that means is that the contestants are probably being charged more money for the retainer fee to hire him and probably also being charged a higher hourly fee. Have confidence in YOUR attorney. Ask him to show you examples of successfull will contests that are similar to the facts in your case.
2020-03-14 22:48:11
2
Family Estate Disputes
128,612
Homeless people living on property
My grandparents have a veterinary hospital in Southern California that sits on a 3 acre plot of land in town. They have had issues with homeless people living on the property but recently a group of them have begun building a shelter for themselves on the edge of the property. Is there a proper way to get them out of there and making sure they don t come back?
2019-03-14 03:22:37
7
First call the police and make a trespassing complaint. If you let them stay they will be protected by tenant laws and you will have to go through formal eviction proceedings.
2019-03-14 03:26:14
19
Miscellaneous Legal Query
107,094
(Maryland DC suburb) Rental company thinks my lease is up in November. It ends this month.
So I rented this place in March of 2017. Little basement apartment that s perfect for me. Nice house in a quiet neighborhood at a bit cheaper than what you might think it would go for. My original agent was the owner s BIL. He called it quits last October. In November the owner contracted with a local rental company. At that time I was visited by a representative of the company for a meet greet and inspection of the apartment. I told him then that I loved the apartment and definitely wanted to re-up on the lease when it came due. So at the beginning of this month I made phone calls to the leasing company to ask about renewing for another year. Left a couple of messages with the receptionist. No return calls. This past Monday I got a text message asking when I d be available for an inspection from our small township that regulates apartments. I texted back and have them a date and time that was acceptable. I also noted that my lease was up for renewal and wanted to know when I would be signing and what the new terms were. The agent texted back stating that their records indicate that I am not up for renewal until November(I have saved this text message). This is incorrect. My lease states that I m not allowed to go month to month without paying double rent. It also states that either party must give 60 days notice for non - renewal. My concern is that they can discover their mistake and give me notice to vacate. Or put me over a barrel to sign on short notice due to being month to month. Should I produce my lease and show them I due to renew or ride it out to November and cross my fingers?
2018-03-18 19:24:56
78
It s a rare day to come out with more than what you are entitled to when the other party makes an administrative mistake. Just be honest and show them your lease so they can correct their error.
2018-03-18 19:55:51
77
Landlord Lease Deposit Disputes
79,301
Have I derived a citizenship from my parents?
I have resided in California for the past 10 years as a greencard holder and after reading [this](http: www.nolo.com legal-encyclopedia deriving-citizenship-through-parents-if-you-turn-18-after-february-27-2001.html) I wondered if I had derived a citizenship through my father. My parents were married when I was 8 years old and my father was a citizen before then. Would I derive citizenship from my father? Or am I totally off? Feel free to ask any questions if I had not made something clearer.
2016-01-16 18:04:43
8
If one of your biological parent are us citizen or naturalized before you turned 18 then you became a citizen as well. If not then just file for citizenship since you should meet the requirements now anyways.
2016-01-16 18:13:27
10
Dual Citizenship Passport Issues
31,724
My friend ended his life how to I give money to his kids?
My friend ended his life last night and I want to give his kids(&lt 7) money once they re 18 how do I go about this? My location is in the US.
2018-08-22 17:32:35
15
Talk to a financial advisor. You may end up giving it to them in 11 years (and keeping it aside in an interest-bearing account until then) but there are a number of options and the best choices will depend on how much money it is whether you might ever need that money yourself in the interim and a number of other factors. Good on you for wanting to provide for them though. I can t imagine what you or your friend s family are going through right now.
2018-08-22 17:37:18
30
Family Estate Disputes
90,039
New Landlord raising rent by 24% in California
My landlord recently bought my old landlord s place during our lease. They tried to give us a move out incentive that was not worth it so we didn t take it. Now it is time for our lease to be renewed. The new landlord is looking to raise rent by $1K (from 3.1K to 4.1K). He said that his realtor is covering the rent increase from 3.1K to 3.6K already since they bought the place until the end of the lease which is a little weird because we signed for 3.1K for one year lease. Maybe this was some kind of buyer seller property agreement we did not know about. So the new landlord says that rent is simply raising from 3.6K to 4.1K. We looked into rental laws in California and saw AB1482 rental cap of 9.1% that went into effect in 2019. We initially signed the lease in 2018 with old landlord (so no written form of exemption) and it has not been mentioned during our correspondence about the rent renewal with old landlord. Is there any way we can do to avoid a 24% rent increase? We live in a college area so there is a flow of students coming in and out. We fear that if we mention the lack of a written AB1482 exemption to fight the rent increase the landlord will simply not renew lease and find new tenants who are willing to pay the rental price. Just looking for some advice. Thanks. Details: san diego california condo single family home not owned by LLC home older than 15 years old initially signed lease with old landlord in 2018 and signed lease renewals since new landlord since jan 2022 and lease ends in aug 2022. landlord looking to increase rent to reflect market rental price and we found out that our place is not rent controlled. Edit: realized my math is wrong it s actually 32% increase which is even worse.
2022-05-24 07:37:42
317
AB1482 doesn t just cap the rent increase it also prevents the landlord from refusing to renew your lease without just cause. &gt 1946.2. (a) Notwithstanding any other law after a tenant has continuously and lawfully occupied a residential real property for 12 months the owner of the residential real property shall not terminate the tenancy without just cause which shall be stated in the written notice to terminate tenancy. If any additional adult tenants are added to the lease before an existing tenant has continuously and lawfully occupied the residential real property for 24 months then this subdivision shall only apply if either of the following are satisfied... [You can read the relevant section here](https: leginfo.legislature.ca.gov faces codes_displaySection.xhtml?sectionNum=1946.2.&amp lawCode=CIV) but they cannot demand that rent increase and having made that rent increase demand they have almost certainly torpedoed any just cause removal under Sec. 1946.2.
2022-05-24 13:10:12
252
Landlord Lease Deposit Disputes
157,764
Mortgage company won t allow me to add my fiancé to the deed -- what are my options?
we live in Iowa. My mortgage company won t let me add her to my deed. We want this home to be OURS. We aren t getting married for another 1.5 years but we want to do this now? What are our options? Would a domestic partnership change anything? What can we do? EDIT: For those saying its a bad idea I didn t ask if it was a good idea or not. I asked how to do it. Thanks.
2015-01-06 18:28:54
11
You can re-finance the house. On another note: This is a very very bad idea anyway.
2015-01-06 18:34:43
58
Mortgage Disputes After Divorce
12,255
Building Manager is trying to get me (a resident) to register for a small business license in a live work unit.
I have lived in my apartment in San Francisco for just over 8 years. I love my apartment and have done everything I can to be a responsible tenant.  I always pay my rent on time I keep communal spaces and equipment that I use clean I report security incidents take care of my apartment the whole shebang.  The building I live in is combination live work so there are some units with residents some with businesses (more of the former I believe). The building is not rent controlled because it was built after the cut-off date per SF rental laws. &amp #x200B On January 9th 2020 I was sent an email from our Building Management (who are historically difficult to communicate with) that informed me of the following:  * As you know \[my building\] is a live work building under city planning code. With the new year the city is now asking that* ***one tenant in each unit hold a business license*** *in compliance with the live work code.* *{They then provide a link for registering and a link to* [this](https: businessportal.sfgov.org start register-your-business city-registration) *site for more info}* *Please note that we will reimburse you for the $104 minimal filing fee when you provide proof of filing and payment.* *Additionally we are offering a one-time $200 rental credit for the month of March when you send us a copy of a valid Business Registration Certificate for your unit no later than January 31 2020. *  &amp #x200B I was prepared to register as the note made it sound obligatory but upon further inspection and some cursory Google searching I had some questions and concerns.  1. I couldn t find anything about this new requirement as of 2020 on behalf of San Francisco. 2. It seemed when I went through the forms that there would be tax implications on me as an individual and 3. there didn t seem to be any information for use-cases of residents filing for a business license which seemed odd given that there are so many residents in live work buildings in this city and it would seem that the rules for those tenants would be slightly different than a business operating out of a live work building.  When I wrote back with questions along the aforementioned lines and asked to see the new SF requirement and additional info my landlord wrote back a brief email that simply stated it was listed in Section 6 of my lease that I had already signed. A [shot](https: imgur.com a jDpI7OZ) of the section she is referring to. She also sent the following: *Fill in the form use your name to apply for it. And put in Sole Proprietorship and Zero gross receipts since you don t have any business. Also for the license start date to use current date (date they are filing application). If back date to the lease date or anything older than 30 days it may generate additional filing fees. * &amp #x200B Based on this section it seems like the regulation applies to Live Work units that operate a business out of the unit and have a certain portion of the space dedication to the work business- neither of which apply to me or my unit.  I responded to my landlord noting that I don t operate a business or work out of my apartment and asked for more information. I have not heard back. My questions at this point are:  * Does this registration requirement actually apply to me as a resident in a live work space even if I don t operate a business work out of the apartment?  * I can t find this new legislation anywhere! Is this actually a new requirement in San Francisco or are they completely making this up?  * If I \*do\* file for a business license will there be long-term tax implications and fees for me as an individual? Will I now run a business?! DO I HAVE TO DO THIS? Any help here would be much appreciated.
2020-01-25 19:28:56
27
Sounds like the building manager no longer has any more residents who fulfill the “work” requirements of the live work unit and he s trying to rectify that by having you sign up for a business license. His problem not yours. Don t do it if you don t want to.
2020-01-25 19:56:00
39
Landlord Lease Deposit Disputes
126,533
Quit my telemarketing job was told I d receive all my monthly bonuses on the final pay cheque. Now I ve received an email stating I won t get ANY of it because I am no longer employed there.
Worked for a TERRIBLE data company in Toronto was told by the operations manager I d receive all my bonuses on my last pay cheque (~$700). They sent back an email with something I apparently signed stating I don t receive any of my bonus if I m not employed there. What bothers me is that the operations manager told me over the phone I d be receiving everything. Also the bonus structure is as follows : you get $8 for every sale but it s not paid out until the end of the following month. By their logic you will ALWAYS end up working a full month and not receive the sales for that month because you no longer work there. Do I have a case or am I screwed?
2021-05-28 12:30:01
154
While they call it a “bonus” you are more accurately being paid a sales commission since the sales criteria and commission rates were communicated upfront. You should be entitled to money owed and I would push them to pay. Best solution is to file a complaint with the Ministry of Labour to recoup lost wages. - I don t live in Ontario so can t comment on the process.
2021-05-28 18:47:27
74
Unpaid Sign-On Bonus Dispute
145,936
Is my son s future over?
My son made a very stupid choice and harassed a girl online. From my understanding he met a girl online on a dating site sent her a bunch of messages all of which she ignored. A few times she blocked him and he made a new account. He then found her on Facebook and told her a few tips on how to make herself a little more anonymous which I honestly believe was well-intentioned but obviously scared her. She finally wrote to him and told him to stop contacting her. On yet another stupid move on his part he sent her flowers apologized and stopped talking to her. Several weeks went by and as he was waking to work he passed her. He swears this was a chance coincidence as they live near other. Both recognized the other but didn t say anything and moved along. That weekend he was brought in for questioning and subsequently arrested because seeing him in person naturally frightened her. He spent 4 days in jail before being let go. I got him a lawyer as he s being charged with a felony harassment charge as this girl says she was genuinely frightened by my son s constant messaging finding her on Facebook sending her flowers and then ultimately seeing her in person. At first I was glad he got in a bit of trouble. He s 28 and old enough to know not to do the shit that he did. After seeing the charges now brought against him and the prosecutors desire to not settle for anything other than a felony I m worried sick for him. My son called me the other day and told me his future was hopeless and over if he s convicted. He works in Healthcare as an engineer and suspects he ll be fired from his job and any future jobs will not be open to him. I truly worry that he might kill himself over this. I ve been unimpressed with his lawyer as I feel like he s not trying very hard to do anything at this moment. Naturally he wants to take this to trial where he stands to make another 8k (we already paid him 6k). Does anyone have any advice at this point? I ve talked my son into counselling which is a start. I m fearful he will hurt himself or lose his job and his entire future over these poor choices he made. Please keep your comments about my son to yourself. I m looking for actual legal advice. I m worried sick and sleepless enough over this without people telling me how my son deserves to have his life ruined over this. Thank you - Allen
2015-02-05 19:26:07
37
&gt Naturally he wants to take this to trial where he stands to make another 8k Yes your lawyer will get paid more if he goes to trial. That s true of any lawyer. If your lawyer advises you to take this to trial you should either listen or find a new lawyer. No attorney is going to recommend taking a case to trial if he doesn t think there s benefit for his client(and by extension himself). If you want to get a new attorney go for it in deference to your agreement with the other attorney.
2015-02-05 19:28:22
49
Miscellaneous Legal Query
13,270
Filed a claim on a ring found it 2 years later. Can I sell it?
So just like the title says I filed an insurance claim on my old wedding set that I thought had been stolen in a move. Now 2 years later I ve found it after another move. I was planning to sell it when a friend mentioned it could be seen as insurance fraud. What can I do in these circumstances? It was an honest mistake and I m not looking to break the law. Thanks! Edit: forgot location I m in the U.S.
2015-06-26 00:35:18
12
Call the insurance company and tell them you found it. They will tell you what to do after that. If you keep the insurance and sell the ring that does indeed sound like insurance fraud.
2015-06-26 01:34:22
21
Engagement Ring Issues Resolutions
19,039
My school saying I owe 20k by end of the month. I am on F-1 Visa in the USA the school was charging me in-state tuition and now notified me that I was supposed to be paying out-of-state.
I am in my 4th year at my college and had my F-1 Visa in the USA for 3 years. My first year of college I was a dependent on my parents E-2 Visa but had to switch to F-1. The school has been charging me in-state tuiton and recently notified me saying they made a mistake and that I was supposed to be paying out-of-state. So now they re saying I owe the school 20k and that it needs to be paid by the end of the month. The advisor can t talk to a lawyer. When I told him I can t pay that much money he said paying is under federal regulation. Is there anything I can do? I don t have the money to pay 20k in such short time. edit. I live in Connecticut USA
2017-09-06 17:30:39
113
You ll need to get a student loan to cover the money. Work with your school s financial aid to try and secure the money as quickly as you can. Bottom line you owe the money unfortunately. You can try to ask the bursar (person in charge of the money) to give you an extended deadline due to the amount of money and the time frame.
2017-09-06 17:34:17
124
Student Financial Aid Challenges
66,241
Would I face legal trouble if I wrote a play parodying characters from High School Musical?
Hi reddit this is sort of a silly question but I still thought I would ask. I m part of a small theater club on my campus. We put on student-written works usually comedic. We don t charge for our performances (we get our funding from alumni). I was thinking of writing a play along the lines of A High School Musical Reunion. This would be sort of a comedy almost a parody of the High School Musical movies - a short play about what happens when they all reunite years later. I m wondering where exactly the line would be drawn legally for something like this. This play will never be officially published or copyrighted only performed twice in front of a small audience of mostly college students (with possibly some alumni who are in the Los Angeles entertainment business). Would I be able to do this concept in the first place? And if so would I be able to use the same character names? Would I be able to reference songs and situations? Thank you!
2016-11-18 23:05:56
6
Not without getting approval from the copyright holder (Disney if I m not mistaken). It would be a derivative work not a parody. Disney will likely license you the rights to your show but you may not like the price. But there isn t a company on earth more protective of their IP or more willing to file a lawsuit over it. They ve gone after daycares just for painting Mickey on their walls.
2016-11-18 23:45:32
4
Copyright Issues on YouTube
48,988
[New Mexico] My boss sends out our new schedules only a day before they are implimented
I have been working at this job for over one year but we recently got a new manager. Every month we are given a new schedule. Our old manager would give us our new schedules at least a week in advance. But our new manager routinely gives us our new schedules the day before or even the day of (the worst was when it was the start of our work period and she called us asking where we were then sent out the schedule) and says that we will be fired if we say that we can t work. I feel like she needs to be giving us our schedules at least somewhat in advance but do you know if what she is doing is legal?
2014-07-31 20:23:04
5
it s legal. there are no laws requiring how far in advance you must be scheduled to work.
2014-07-31 20:40:03
7
Miscellaneous Legal Query
9,202
My Friend is Autistic
Wisconsin US He is high functioning autistic he doesn t seem to understand verbal ques very well but he has a job and still interacts and understands the world. He is 19 but when he turned 18 his mother (who might I add is definitely a helicopter parent) got it so that she is still his legal parent saying he s not mentally able to take care of himself and he can t do anything without her say. I can t say that I know for a fact he can take care of himself just because I haven t known him long enough or deeply enough to say that she isn t in the right. I can say however that although I can tell he is autistic he still understands right from wrong. He knows he has to feed himself he interacts with us like a normal person would he just doesn t know at all times if we are joking or serious and tends to take us seriously more than not. He has a great sense of humor and I would say a higher than average intelligence. He complained about wanting to move out from his parents house which our group of friends thinks is awesome for him with two of us offering rooms to him from our own home. His mom won t let him saying that she has legal right to stop him from doing so. I just want to know if there was something legally he could do to try and get it so that he can take back control of his life. If it ends with him staying with his parents then at least I tried. Thanks for the help.
2019-03-25 13:54:56
7
It sounds like his mother has guardianship of him. He would need to petition the courts to end that guardianship.
2019-03-25 14:25:32
12
Miscellaneous Legal Query
107,892
How do I avoid any libel charges here?
I m trying to write a book about a store I used to work at. It was a pretty high profile case where the owner was forced to step down and the employees ostensibly rallied behind him and went on strike until he was reinstated. They played it off as the employees standing up for a member of the “family”. in the book I want to write I want to expose it from an inside point of view and how it was really just corporate greed. How can I do this without getting sued or anything ? I live in MA if that s relevant
2017-07-07 13:49:20
31
You re going after an incredibly litigious cousins who hate each other and tried to burn down their grandfather s legacy over profit. Don t try to make an expose on them that won t work out well.
2017-07-07 14:28:59
32
Miscellaneous Legal Query
62,463
Can a leasing association have the police force you to remove cameras? Told to remove surveillance cameras. No official doc received.
Trying to figure out if this sudden punishment of no surveillance cameras is because one landlord (NOT MY LANDLORD)suddenly decided to complain every single day to leasing association therefore these new rules that I am violating are made up (even though I e had the camera up for years) (also can a leasing association suddenly make up rules?) OR if this threat of getting the police called on us us having zero right and HOA voting is all legit. So for context... I live in an apartment building with 9 other units. I have a surveillance video outside my door of my apartment. I also installed one outside my storage room door which is in a common area where other storage units are for other tenants. I ve had the camera outside my front door up for two years and one landlord suddenly took issue to it. I ve had the other camera up for 6 months and suddenly a landlord isn t okay with it. They say all I can have is a peephole camera. I have asked time and time again why I cannot have that camera up. No answer. Just all of a sudden that s the way it has to be . There s a point to this next part stick with me. I ve lived here for 10 years and I know a thing or two about the people who run it. My landlord is a nice guy he likes me and I like him. I trust him as well. The other landlords are very stuck up cruel people. My landlord despises them and they don t seem to like him either. He maintains the grounds here as well so in a way he gets extra privileges than other landlords. Being his tenants means we get extra privileges as well because we help him maintain it. Well I think there s a CHANCE that our being punished to try to protect ourselves from breakins and thieves is just a pissing match between landlords. The landlord that reported these things and started this trouble for us TOLD me when I asked her why she complained is because that she didn t think it was fair . Not fair to whom or why I have no idea she never explained it and I don t think she d be able to. She is now coming here every single day for the past 2 months to take pictures of our cameras and complaining every day. The association who manages the land and makes the rules for apartment buildings is now involved. Apparently our landlord was told that if we don t remove the cameras ***the police will be called. The manager actually call the police on this? Doesn t seem too official. I ve never received anything in the mail. Only messages through my landlord. **The manager said they have to be removed before the HOA makes a decision. Is that even possible? Is there really a committee waiting to vote on such a thing? ** So is this just fluff because one landlord won t shut up or does what they re saying about the HOA sound legit because I know nothing about it.
2022-01-15 04:45:24
15
This isn t really a police issue but you are wrong here. Your lease entitled you to use of your apartment it doesn t allow you to mount a camera outside of the apartment. You can get a peephole one that stay in your unit but you can have your property in common areas (i.e. everything outside the door to your unit). Just like you could set up a picnic table in the hallway.
2022-01-15 07:06:49
14
Privacy and Surveillance Rights
153,378
[Washington State] Man shoplifted in a city an hour away from me while I was at work. I received an arraignment summons today
Deleting details thanks for advice! Lawyering up for sure.
2016-08-03 06:55:33
56
You should absolutely get a lawyer
2016-08-03 07:01:44
89
Miscellaneous Legal Query
43,596
My friend [NY] just got his probation transferred from Steuben County to Queens. Now they re saying he may need to wear an ankle bracelet
So my friend has been on probation for 2 years and 2 months while living upstate. He just got permission to have his probation transferred to NYC where he is now living and working as of 2 weeks ago. He spoke to his new probation officer and they said that they re planning on having him wear an ankle bracelet (not sure the technical name) which he has never had to use thus far. He has a job that would very likely be jeopardized if he were to be forced to wear the ankle device. He also has a baby and a wife upstate (not sure if that impacts anything). He has a meeting with the probation officer in Queens on the 29th. What are some steps he can take to fight the ankle bracelet stipulation? His official probation length is 5 years but I understand it s common that this is significantly reduced if he behaves well. So far there have been no infractions or issues. Any advice would be appreciated. Thanks!
2019-05-07 07:42:09
5
If he s not been a problem throughout his probation he should calmly talk to his officer about it and how he is more than willing to comply with any of their rules however he has reason to believe that if he were required to wear a monitoring device his employer would likely terminate him and that would create problems fulfilling the other terms of his probation such as paying the fees etc. His officer may understand. If not he could petition the court. As always IANAL
2019-05-07 16:16:01
3
Legal Issues in Bail Cases
111,052
[Washington] My last apartment complex is trying to charge me to replace the entire floor due to two damaged floor boards.
http: imgur.com a gvqYf Above are the photos they sent me of the damage. For scale the nick in the floor in the first photo is about a half inch long. The second photo shows raising on another panel that was the result of a liquid spill that I mopped and let air dry. According to them if one panel is damaged the whole floor needs to be replaced. The amount being charged against me is $1500. Am I stuck paying this or should I consult with a lawyer?
2016-07-16 00:09:37
18
Dispute this it sounds very dishonest to me. I m NAL. That looks like laminate flooring to me. All I see is normal wear and tear. If it is laminate flooring then they do not have to replace the entire floor. http: homeguides.sfgate.com replace-laminate-floor-board-middle-floor-37327.html The landlord has a duty to mitigate. They aren t entitled to a whole new floor.
2016-07-16 00:45:21
29
Landlord Lease Deposit Disputes
42,570
Adverse possession questions
Hey guys I asked some adverse possession questions over in r RealEstate: https: np.reddit.com r RealEstate comments 599auy another_adverse_possession_post . Someone suggested I post over here as well to see what advice I d get from a lawyer. Original post: &gt I know this has come up a few times so I apologize if there s any duplication. I did some searching and most posts are a bit too old (not really active anymore) or don t really apply. &gt I recently purchased a house and at closing the seller mentioned that the neighbor to the south has been mowing some of the lawn between his driveway (pretty much the boundary of our property) and a tree line on my property and that he had a lawn mower parked over the line but it s yours . I didn t think much of it (wasn t really aware of adverse possession) so we finished up and I went to finish packing to move into my new home. &gt It s been a few weeks and I noticed the other day that he moved his riding mower off the property. Sweet I thought the matter resolved itself (I hadn t had the opportunity to introduce myself). Today I see that he s got his leaf blower out blowing leaves around my property from well inside the tree line (technically just blowing them around on my property). I only saw it because I work from home and as a result wasn t a good time of day to step away from work and introduce myself and talk it out. I don t really care that he s moving leaves around but it s back to more maintenance. &gt My questions are: &gt * If he DOES intend (knowingly or otherwise) to claim the land we d need a reason for such a determination to be made before anything actually changes hands right? An example would be the building of some structure on that property. Until then is it still in limbo? &gt * The law in PA (state in question) is 21 years. Being told he s a nice young man leads me to believe he hasn t been doing it for 21 years (again I ll find a time to introduce myself and find out the particulars) so the only possibility that might cause a problem would be that the previous owner was doing the same right? &gt * There are property markers around the property indicating where the line is I assume from a survey prior to sale. Would said survey have been a time for him to challenge the lines? Is that enough to interrupt? &gt * Assuming nothing has happened to make a determination on this possible adverse possession case would something official (certified letter explaining it s fine that he maintains uses the area w the exception of building structures etc) be enough to nip it in the bud? &gt I know you re not lawyers but I ve seen some conflicting information. Some seem to make me think I should be terrified since courts (which I hope to avoid) often rule in favor of the encroacher while others say it would be tough for him to win in such a case. &gt I m going to take whatever friendly action I can to nip this in the bud. At this point I m just trying to get a sense of how freaked out my anxious self should be in the meantime. :) &gt Thanks in advance. Was asked for a crude representation. Here you go! https: drive.google.com file d 0B5P0iNVcK4meQ0RqRlNmZlNLSTQ view?usp=sharing****
2016-10-25 14:36:56
5
I am a lawyer. I m not your lawyer. I m not licensed to practice in PA. 1. If he does intend to claim it he d likely do so by building a fence. That said he doesn t need to build something to make the claim. Anytime he thought he had met the elements of adverse possession in PA he could file suit to quiet title. 2. Most places allow tacking of an adverse possession claim. So if this nice young man s parents (or the previous owners of the property) spent 17 years treating the land like their own and he continued on for 4 more the 21 year period would be met. It doesn t have to be 21 years of the same person in most places. 3. Surveys are not always accurate. Meanwhile why do you think putting him on notice that it might not be his land is enough to disrupt an adverse possession claim? The elements are that the possession must be actual continuous exclusive visible notorious distinct and hostile. [Source](http: www.lgc.state.pa.us download.cfm?file= Reports deskbook14 Issues-PrivatePropert%20Issues03-TitlebyAdversePossession.pdf). 4. If you talk to him and you think his intent is to try and adversely possess that strip of land file suit to quiet title your own self. If you bought title insurance when you bought the house now would be a good time to contact them. Generally speaking a permissive use will not create an adverse possession claim. If you re paying taxes on that land (as was your predecessor) then any adverse possession claim would be difficult for the guy. I would be much more worried about the creation of some kind of easement. Go talk to a local real estate land attorney and get a consultation. Edit: Also as a sub we can t be expected to adequately evaluate adverse possession questions without an MS paint diagram crudely but accurately depicting the land in question.
2016-10-25 15:44:49
4
Neighbor Property Line Fence
47,731
Landlord disclosed record to employer
So recently I was applying for housing in California in which the landlady has us do a pretty intense background check. She called 2 current past landlords employers and references each. We had to sign the papers allowing her to do a background and credit check as well. In my background check she found that I had previously been charged with trespassing (charges were dropped not sure if this shows on my record). In her conversation with my current employer she brought this up. I really don t care that much in general but had my employer cared it could have been an issue. Is what this landlady did legal? Second I guess I m naive because I figured when the charges were dropped it wouldn t show on my record anymore. How does one go about getting it expunged so it doesn t show at all? Thanks!
2019-12-10 12:50:34
36
There s a lot here and I can t answer specifically but: 1) under the FCRA background checks have an end user. That s where the report stops when performed by a consumer reporting agency (background check company) 2) CA has strengthened the FCRA under civil code 1786. Performing your own background check and gathering opinions (references) can result in the gatherer being considered a ‘consumer reporting agency under CA law. Now those laws apply to that person who isn t technically a CRA. 3) Non-convictions cannot be legally included on a CA based background check performed by a CRA. You can dispute the results of that background check if it was performed by a CRA. 4) plenty of expungement guides on the google.
2019-12-10 17:35:31
14
Questionable Arrest Circumstances and Legal Representation
124,156
Massachusetts subletting situation. Owner s wife rented a room to me without Owner s consent.
Two weeks ago I found a nice room in a house on craigslist to rent out for a month and went to the location to check it out. The lady was nice and offered me a good deal in a nice house in a nice neighborhood. I have been living at this new place for a week and I found out yesterday that she was renting his husband s place and apparently they were fighting and not on good terms at all. I was woken up near midnight last night as the owner (the husband) came in and told me to get out immediately (his wife was gone for the weekend). He eased up after I explained my situation and realized it wasn t my fault at all and said I could perhaps stay until I find another place to live. He also said that he is willing to pay me back the remainder of my rent if I don t end up staying there. I was wondering if I have to leave the house or could I stay given that I have already paid rent to his wife? What are my rights in this situation??
2017-08-07 14:17:13
24
I d find another place and let him give you back the money you paid. You re there illegally. Granted you didn t know this but that doesn t matter in terms of the owner. He can evict you without giving you the money back. You would have to go after the wife to get your money. It could end up a long and drawn out process. If they re having fights you don t want to be at the mercy of whatever the owner if he s feeling pissed off. You could try to negotiate with him to get a formal lease but it sounds like he doesn t want you around.
2017-08-07 14:32:42
29
Landlord Lease Deposit Disputes
64,338
Emotional support “parking spot”
I m on the board of our condo association (don t shoot me we are trying to be one of the good boards). Each condo unit has a 1-car garage and a spot in front of their unit. Spots are not reserved. 60 units in our complex. CC&amp Rs say plainly that an owner can park only one car in front. A 2nd car must be parked in their garage. Some people with only 1 car park in the garage and leave the spot in front empty. Others park in front and use their garage for storage. Owners cannot park their car in short term visitors they must park a 3rd car on the public street outside the condo complex. 2 cars only in the complex and only 1 car out front. ——- An owner was parking 3 cars in front and using their garage for storage causing other owners to not have a place to park. After complaints from others We identified the offending owner and gave them 30 days to correct the violations before any fines would start. —— They just presented a note from a doctor saying “due to anxiety and claustrophobia all 3 cars should be able to park out front and not use their garage”. That was the extent of the letter prescription. The doctor is legit at a big-name health provider in town. —- While we hate to spend the money on a consult with the COA lawyer we are planning to do so. The situation to me is just ridiculous. Any thoughts? In Cleveland.
2019-12-10 23:22:23
4,693
So a couple things are not clear here. First in order to get an accomodation they need to have a disability. Both anxiety and claustrophobia could be disabling but are not always. The other question is why they cannot park on the road. If you re planning to deny the request you should consult a lawyer though.
2019-12-10 23:28:15
2,770
Parking Space Disputes
124,191
Unionizing
Just had a short question. We are thinking of unionizing at a hospital I work at and the director is removing the propaganda we post in the break room. I thought we had the legal right to do this if posted during our break and out of the work place? Any suggestions? In New Mexico
2020-07-14 02:51:54
15
Not a lawyer but work in a hospital in management. If the hospital system has policies limiting what can be posted in break rooms or on bulletin boards they can remove things that don t conform to the policy. For example our bulletin boards can have announcements about education classes department meetings documentation reminders etc. but not about selling a car Girl Scout cookies and so on. They can t stop you from talking about it on break non paid time.
2020-07-14 03:33:35
8
Wage Discussion Rights
134,173
Landlord Renovating Kitchen (VA)
I live in an complex with a few apartments. I signed my current lease in July and now my landlord wants to renovate the kitchen. He said the construction should only take two weeks but I won t be able to access the kitchen at all during the construction. Te renovation will take place during the day which is a problem because I work from home and he s aware of that. Am I able to receive some sort of compensation (eg. reduced rent food per diem etc)? Also would it be smart to get a time clause in? Thanks!
2014-11-17 19:09:58
10
I was in a similar situation. I knew that by law I didn t have to allow the renovations so I didn t. The only solution to which I would agree was a hotel for the time my unit was being renovated. The management company didn t agree to those terms so they were forced to renovate upon expiration of my lease. Like you I work from home so it would have been hugely disruptive to my professional life too. I hope you re able to come to a resolution that works for both of you but absolutely do not allow the LL to bully you. He knew he was going to do these renovations when you signed the lease. He simply didn t want to take the apartment off the market for any length of time.
2014-11-17 20:10:35
12
Landlord Lease Deposit Disputes
11,033
Illegal to Talk About Tips?
My manager sent out a message to our team of bartenders saying that discussing tips was strictly prohibited. I know that they re technically not wages but does that mean he can say we can t discuss tips?
2022-05-22 20:52:57
25
Legally speaking he cannot stop you guys from talking about it tips are considered a wage under federal law. Also if he s telling you guys this is a pretty good chance he s stealing your guys tips.
2022-05-22 20:58:58
100
Unfair Tip Practices in Restaurants
157,700
In Contract To Purchase House in CA. In contract Requested New Roof New Gutters. Work was performed but by unlicensed person and without permits bad work.
I am in contract and we requested a new roof and new gutters. After they were finished we find out that they were done with an unlicensed person and without permits. We obviously assumed that things would be done legit. I am hiring an inspector to come out to see that roof and tell us his opinion and sellers supposedly are willing to get the permit for it. If the inspection comes back that it is really bad and must be either redone completely or costs a lot where the sellers are unwilling to pay for it what are my legal options? We agreed on a contract that included a New Roof with Gutters however it was not specific to ask for licensed work. If we end up canceling the contract would I be able to sue in small claims for the costs of the inspections I paid for? Among roof issues we have found some other costly items that need to be fixed that has caused headaches with this property.
2017-03-03 01:50:19
20
IANAL ama a homeowner. Your contract would specify if a licensed contractor was required. Read it if you chose not to require that as part of the repairs you aren t in a position to add rules later. That said you may have a leg to stand on with the lack of permits. Inspections are smart but voluntary. They don t owe you money your recourse is to walk away if you re allowed. The inspector may find a new issue that lets you break the contract they may not. Based on what you posted it s possible you may not have a reason to walk away without penalty. If I were you I d be pissed at my realtor for putting me in that situation.
2017-03-03 02:40:21
7
Roofing Scams Investigation
55,363
Dying mother &amp squatters please help
If I leave any crucial information out please feel free to ask me more about it just a lot going on. So my family has a house in Oregon. My parents divorced and my sisters I and my father moved to Texas and got a new house my father let my mother stay in the house and is still paying it off. My mother is a heavy alcoholic her organs are actually failing and she s not doing well at all and lived with a boyfriend we ll call bob at the house. He s a super hippy semi-squatter but he would bring her to doctors appointments helped her get social security and while the house is really gross It s not being completely destroyed and in general helps her here and there because none of her family (which all live an hour away) are able to everyone has tried to help her get help and make her stop but she won t. Well my mother s also very abusive and mean eventually she called the cops on bob and got some kind of thing where he couldn t go to the house or something. Apparently since then two known professional squatters have moved in and started receiving mail at the house claiming my father is letting them live there (he s not) and that they re paying my mom rent. They re also alcoholics and are making my mom worse she was on a liver transplant list and probably won t be able to be anymore. I told my father about all this hearing it from bob and he has no clue what to do I have no clue what to do nobody has any clue what to do. Everyone in our family works and most of us just recently got new jobs and can t take time off to go to Oregon and fix all this. What are the options we have? What do we do? If my mom passes away what will happen? I have no clue what I m supposed to do please help.
2017-05-10 16:15:03
20
They aren t squatters they are tenants. You would have to follow the established process to remove them and be prepared to go to court to evict them if they don t leave.
2017-05-10 16:23:27
30
Miscellaneous Legal Query
59,250
[CA] 3 Day Pay or Quit for being one day late on rent?
So I m in a 12 month lease renting an apartment in Kern County California. Every month according to the lease rent is to be paid from the 1st to the 5th of every month. This month I havent paid rent yet due to the fact that my employer is behind on paying me so I m basically broke until then. This morning I wake up to my landlord knocking on my door. She hands me a written 3 day notice for being less than a day late on rent. The last 7 months I have paid on time and the one month I am a day late I get a notice? I explained to my landlord the situation and she said it was the owners decision. So my question is can a landlord serve you a 3 day pay or quit just for being a day late in rent? I always assumed there had to be a 30 day period of non payment before they can do that. Thanks in advance.
2019-03-06 23:48:24
6
They can serve you the notice the first day that you are delinquent. There is no 30 day waiting period in California.
2019-03-06 23:49:50
9
Landlord Lease Deposit Disputes
106,523
I think my job may be committing health insurance fraud
Hi Everybody I work for an urgent care office that owns multiple locations. They are currently billing for services performed at one location using another locations address and contracts. I m certain this is fraud but they assure me it isnt. Anyone have any insight?
2019-11-07 13:17:21
10
What do you mean by contracts? Our tax-id at our hospital is tied to 10 different locations for the hospital doctors clinics. My doctors have two or three locations but their NPI TAXID are the same.
2019-11-07 13:29:11
8
Medical Billing Disputes and Fraud
122,484
Girlfriends brother stole my car and crashed it
So me and my girlfriend woke up this morning at 6 am to the police at our door informing us that my car had been stolen and crashed by her 21yo brother. He has been arrested for a duii but claims that we gave him permission to use the car. Our insurance is cutting us off and the impound lot is refusing to give the car back without exorbitant costs to us because we gave him permission which isn t true. When we talked to the police about it we are told that there isn t anything they can do and they can t fill out a criminal complaint because it s our word vs his and that s hearsay so they can t prove anything took place. I told them it s the judge s job to decide that kind of thing during court but they still won t let us file anything and without filing a police report our insurance is holding us culpable. Is there anything we can do? We are in Oregon btw.
2021-07-24 17:07:36
36
Go down to the police station and ask to just file a report just to file. They don t have to arrest him for the car theft just file. The impound yard thing makes no sense though. What are they saying exactly? And why isn t insurance helping does he live with your girlfriend?
2021-07-24 17:11:35
56
Insurance Denial Car Accidents
148,077
[TX] Squatters on the property next to mine are parking boats cars and 18 wheelers on my property. When the towing company shows up they always have someone there to run out and claim they own it and the tow compant is SOL
Apparently if the owner is at the vehicle the tow company cant do anything unless its hooked up enough to safely tow away. I know for a fact they do not own some of the vehicles because they rent them out truck drivers. What are my options?
2019-12-04 00:11:52
455
As a property owner you have the right to have unwanted vehicles removed from your property regardless of whether the owner is near the vehicle. It may be tow company policy not to tow with the owner present but if you contact the police and report them for trespassing you may get somewhere. You could also check into local codes about number and type of vehicles parked in residential areas.
2019-12-04 01:00:03
487
Parking Space Disputes
123,840
Daycare dislocated daughter s arm twice in one year
So my daughter has been at this particular daycare for a little under two years. Earlier this year there was an incident where my daughter s elbow was dislocated while at daycare but the daycare people failed to see that something was wrong. Three hours later after I came home my daughter was screaming in pain and after she failed to lift her arm up did I realize something was physically wrong with her. We rushed her to the doctor and got her elbow popped back in. We signed an incident report told daycare what happened they sent us an insurance form in case we decided to get money back for it. Since my wife s insurance is good enough and it was a 1 time incident we decided not to pursue it. Now today this time my wife was called that our daughter has a dislocated shoulder and elbow same arm. I m furious that this has happened a second time within a year. She obviously has a history that you can t pull her by her arms or risk dislocation. I m wondering what my legal recourse is at this point. The teacher in question is claiming she didn t know about the prior incident since she s new but my question is since my daughter has a history of dislocation and the senior staff knows about it isn t it their duty to tell all new staff about certain medical conditions of children they re taking care of? I.e. if my daughter has a peanut allergy they aren t allowed to give them peanuts. Edit: Forgot to include location. This is in Connecticut. **UPDATE:** So after discussing with our lawyer and the director of the facility we ve come to decide that a lawsuit is a bit premature at this point and it was an issue with an employee vs the center itself. We did give a verbal and written warning (as per our lawyer s instructions) to the center that should another incident happen with our daughter again that we ll have to report them to the state as well as bring forth a suit for negligence. We also will pull our daughter out of the facility on top of it. I did ask about whether we could go after the corporation behind the facility but the way the company operates things each center is independently operated and owned as a franchise so liability goes to the center not the corporation itself. Probably a good thing on their end to reduce liabilities. In terms of the syndrome I have a doctor s appointment for my daughter in August for her two year check up so I ll inquire about the test for Ehlers-Danlos Syndrome. After reading up on it it seems to be somewhat consistent but I ll leave that discussion with our doctor.
2017-06-29 14:58:43
120
Its called nurse maids elbow and is very common. My sister had it and woukd dislocate it ALL THE TIME. I remember playing ring around the rosy and bam her shoulder elbow was out. The point is the other kids may be causing it. The only problem I see is the teachers aids not recognizing it sooner.
2017-06-29 16:17:55
163
School Bullying and Administrative Neglect
62,018
My mom may have lost the house we live in and they said she needs to get a lawyer. What type of lawyer do we need?
Long story short she wasn t able to make full payments they wouldn t accept partial payments and now the house may not even belong to her anymore. Idk what type of lawyer to get. I m so stressed I feel sick. What do I do and how can we fix this? She ignored legal documents and even got served papers. She lied to me and said she was getting a lawyer. The only way it ll get resolved is if I hold her hand the entire time. I explained I can t do everything because I m not her and my name isn t on the house. Please help me Edit: I ve basically determined we can t get the house back. What do I do to keep from getting kicked out before we have a place to live? EDIT 2: We sat down and discussed what to do. She s going to take the court docs to a lawyer. I opened her mail with her because it was from different lawyers she thought wanted to help her with the case but it s actually her being sued for not paying different credit cards and I think something else. My head is spinning. I plan on trying to get a no money down home loan without her name on it. I do need to clarify… since now it is more than the house will we need a bankruptcy lawyer? UPDATE: She s got a phone appointment with a lawyer tomorrow. Also a bad update… turns out she didn t take in MY taxes to be filed like she said she did months ago. She said she was going to turn them in today and just not tell me the truth. She may not have filed hers either. Fuck. I need that before I go much further with my home loan attempt. I m trying.
2022-11-01 17:34:53
246
You can talk to a real estate attorney. But if the house has already been sold there really isn t much you can do
2022-11-01 17:36:54
245
Miscellaneous Legal Query
163,154
Theft of dirt
Where can I find information about theft of dirt from my property? I cannot seem to find much information on this topic and I am in need of being pointed in a possible direction. I had about 104 tons of dirt(fill dirt) removed from my property by a Trenching company. The head of the local family owned company admitted to taking the dirt and taking it a short distance to a dog park that is being constructed and “donated” it to the city for help creating a dog park. He is also on city council. After this confession I went to the police department to file a report. The chief of police was who was giving me instructions on how to do it. After filling out the complaint I gave it to the chief and I waited for an officer to come interview me. The chief read my complaint and then proceeded to call the city administrator and discussed my complaint. I spoke with the officer and about 2 minutes in and after the question of “do you think they knew you owned the land?” the chief came out and told me that he wasn t going to file the report because no crime was committed and asked me what I wanted to make this go away and that when I decided I could contact the city administrator. Thanks for any direction
2022-12-02 06:15:04
5
If the police aren t going to do anything about it then your recourse is to sue. What s the value of the dirt $1500 on the high end? Small claims court is your remedy here.
2022-12-02 06:25:10
3
Miscellaneous Legal Query
163,949
Do i have any kind of rights here?
Sooo my now ex girlfriend recently kicked me out of where we were staying maybe four days after I had given her and the landlord rent money. Now all my stuff is by the door my dog is there with her and I ve been couch surfing with friends and getting cabs to work. I m living in North Carolina and am just curious if I have any legal leverage here to stay in the house for x amount of days until I can figure out a better situation for myself and my puppy.
2018-12-14 18:25:39
7
Yes you are a resident and you have to be evicted in order to be barred from the premises. Tell the police via non-emergency line you are being illegally barred from your rental property and they can help you get in.
2018-12-14 18:27:56
17
Service Dog Pet Limit
99,618
Signing parental rights over for adoption.
Hello. I am looking for any kind of advice on this subject though i m fairly sure that as a father I know how this is going to end up. &amp #x200B My ex- wife and I have been divorced for 3 years. Never had any problems or fights and basically kept everything civil for our son. About a year ago she accidentally got pregnant by someone in the Air Force who was from Florida. She informed me of the situation and I did my best to understand listen to her and come to an agreement on when i d see him what amount of support i d pay FaceTiming...etc. She s lived there for about 8 months and all was smooth and fine until recently. &amp #x200B She s decided to no longer work and is making it very difficult for me to contact my son. She s filed for child support which with her not working and me only having my son a minimal amount of nights a year will mean that somehow i ll be paying much more than I can handle. I ve been paying her what she wanted when she decided to move not including clothing food health care school supplies and anything else I could possibly help with by trying to check in every single day. Now she s telling me I either pay more or she s giving me the option to sign my rights over to have her husband adopt. She s told me they will change his name and he is already calling him dad . Is this legal? This was all brought on me out of nowhere. I ve never been in any trouble in my life I support my son the best way I possibly can. Is there anything possible that can be done?
2019-04-30 17:20:08
7
&gt Now she s telling me I either pay more or she s giving me the option to sign my rights over to have her husband adopt. Never take legal advice from your opponent. &gt She s told me they will change his name and he is already calling him dad . Family courts tend to frown on deliberate parental alienation such as teaching your kid that someone else is their father. It s up to you to pursue it and to insert language into a proposed custody order to address it though - something best done with the help of a family law attorney. If you want to reduce child support below your jurisdiction s guideline amounts you have a few avenues. The most obvious is by increasing your contribution as a parent - taking your kid more regularly will transfer that cost to you and will generally reduce the amount you pay to equalize your incomes as you contribute more directly. Anything up to 50 50 visitation is likely in reach if you don t have a history of abuse or violence and while it likely won t be _cheaper_ it might be more palatable. Another avenue is to demonstrate to the courts that your coparent is capable of earning an income and that support should be computed on that basis because she is voluntarily underemployed. Depending on her qualifications and work history that may only adjust things to minimum wage or it may adjust things to a higher wage. Keep in mind that if your coparent _does_ go back to work the two of you may end up splitting child care expenses such as daycare however. You should also make sure that the amount sought is in line with your local guidelines and not inflated based on money you re not earning or based on other errors.
2019-04-30 17:30:35
12
Miscellaneous Legal Query
110,565
(CA) Our landlord is giving us until Sunday to leave the apartment for construction he let us know last night. He is also attempting to make me share a room with 2 other people for housing accommodations when I pay for my own room.
Hello I was just wondering about what I should do about a situation which I have been put in to. Due to some unforeseen damages in the apartment that are NOT caused by us (the tenants) we are required to leave for 1 month during the duration of the construction. My landlord let us know last night at 10:30PM that we would have to be moved out by Sunday which seems extremely unreasonable as we are all college students with plans this weekend and jobs. Is this wrong of our landlord to give us such short notice to move everything out? I literally cannot move my things by then what should I do? Also I pay for my own room in the condo. My landlord has set up accommodations for an air bnb but in one bedroom with two sets of bunk beds that are to be shared among my roommates- notching close to what I pay for in my monthly rent and signed for on be contract. This house also has men staying in it which I said I am not comfortable with living in and we have no men living at home. Is my landlord responsible to accommodate me with an air bnb that is the equivalent to what I have at home? Should I look into an attorney? All advice is appreciated. Thank you.
2016-10-14 16:03:05
305
OP- It seems reasonable that if you re renting an X bedroom Y bathroom condo from your landlord that you would expect the landlord to provide you with equivalent accommodations during the renovations. I would have a polite but firm conversation with the LL telling him you expect equivalent accommodations and that [the accommodations] should only be shared with your and your current roommates. If he refuses I would suggest he s broken your lease and I would sue him in small claims court. Just out of curiosity what did cause the need for the renovations?
2016-10-14 16:24:49
193
Landlord Lease Deposit Disputes
47,159
Landlord wants our refund checks to pay the bill that the utility company state of NY billed him on because he didn t separate the gas (NY)
So we ve been dealing with this whole shared meter situation ever since our landlord bought the home in 2020. He recently called me to say that the 1st floor bill will be changing to his name now (finally) he wanted it to be on our name even though we didn t live there. At first I thought nothing of it but then he said that he will be billed because of the whole shared meter situation and he said that we will have to send him the credit checks that will be refunded back to us. Is that something we will have to do? The only reason this is happening is because he doesn t want to separate the gas. We live in a duplex home in the 2nd floor and the other tenants in the first floor and the heating is shared between the 2 floors as well as water. We don t know who uses how much so we split the bill 50 50. The State of NY Utility company caught him doing this illegal act and they re going to refund us for the amount that we weren t supposed to pay and he wants the refund checks so he can pay the bill they re going to send him. We don t wanna be evicted as a result of this but we know it would be wrong to give him the checks without a proper investigation. We do not have a lease with him and we re month-to-month not only that but the 50 50 agreement was never in writing as well. We only agreed to do it out of fear of eviction. We believe we should receive the checks as during January of 2021 he made us pay the entirety of the gas bill because he had no tenants living in the first floor at the time. Then when the new tenants moved in in May-June of 2021 that s when he told us we had to do the 50 50 gas bill split. How screwed are we? We have notified the NY Public Service Commission about this and it ll be up to them to decide who keeps what amount. We ve noticed that we ve been giving a credit in our account already of around $200.. what do all of you think about this? All pages of the letter are linked below. [https: imgur.com a M7NeiWQ](https: imgur.com a M7NeiWQ) [https: imgur.com a M1GKz0z](https: imgur.com a M1GKz0z) [https: imgur.com a 3jOPRF0](https: imgur.com a 3jOPRF0) [https: imgur.com a JYkiQvy](https: imgur.com a JYkiQvy) [https: imgur.com a Ef7Xsup](https: imgur.com a Ef7Xsup)
2022-10-29 18:43:01
16
He can t evict you over this. He can t force you to hand over a check the government refunded you because he inappropriately took money from you in the first place. His running an illegal duplex is his problem. He s a POS. Make plans to move out when the lease is up but stop letting this POS treat you like a POS.
2022-10-29 19:33:53
19
Electricity Bill Payment Issues
163,069
(TX) My wife and her brother are selling their mother s house.
The mother passed away about a month ago she was staying in an assisted living facility since early 2018. House is paid for taxes and insurance are up to date but the realtor says there could be a tax issue because the mother did not stay in the house during 2019. What could the issue be?
2019-10-18 02:46:17
5
She s warning them about the capital gains tax. If the home was not her primary residence during any part of 2019 her estate could be hit with the capital gains tax on appreciation.
2019-10-18 02:53:07
8
Family Estate Disputes
121,437
Ex and her boyfriend are making sexual assult rape accusations against me
throwaway for obvious reasons this is taking place in PA Also lots of text backstory About two weeks ago I was informed by a friend that an ex girlfriend of mine who is currently dating one of my roommates had texted her asking for some personal information (school email was unclear about more) to file a report against me. It wasn t made clear to me what about initially but it was implied that it was about sexual assault. Never once before during or after our relationship had I done anything even close to ant form of sexual assault towards her so obviously this is very concerning. A few months beforehand she had made public accusations about me on Facebook for stalking her (while we had a very toxic friendship with eachother both during and after the breakup once again I had never had done anything even close to what she had been saying about me. I never saw the actual post myself apparently there were some very serious claims made). I had asked to stay informed about anything else found out and afterwards I had asked two other trustworthy housemates about anything that might have been said about me by either the ex or her boyfriend. I didn t state the situation or accusations but asked to stay informed. A week later I was told by a different friend that the boyfriend had told her and another friend that I had violently raped his girlfriend in the past and was telling people in order to clear her reputation . I was also been told by both of them that apparently they (ex bf) both had been telling other people these accusations although it is unknown who else they had told. I asked to stay updated as much as possible and for any messages posts chatlogs that they had which might be in any way related (I informed them that anything they gave would be kept anonymous). Afterwards I talked with my University councilor about the situation. In regards to the ex no action could be taken from the university against her as she had transferred the previous year and not much could be done for the ex s bf. I was told to contact the schools sexual assault department however I am uneasy about doing so as the tone when talking to the councilor gave me the impression that she didn t fully believe what I had told her (additionally the school protects it s own interests in these cases over mine). At this point this is no longer something I can just ignore and certainly cannot let keep happening. I dont know if it ll break out into full on charges against me ( if it was then it would ve probably already happened and the would not have been telling people. Additionally the only evidence would be he-said she-said) however these are serious accusations against me and my character. While I don t want to have any of this blow up what they are doing is far crossing the line and feel i might need to file a restraining order and or a slander libel report against them to stop this from happening. Are there enough grounds to (and should I) pursue this further at the moment there s only a few peoples testimony and the messages asking for my information (which i haven t seen or received from my friend). What precautions should I be taking and how should i proceed (if i should)? Thanks everyone
2016-03-13 02:26:09
17
Cut off contact with them. Don t answer any texts calls emails etc. If the police show up decline to speak with them and retain a lawyer. If you are arrested assert your right to remain silent and ask for a lawyer.
2016-03-13 04:09:37
37
Rape Accusation and Legal Complication
35,459
I need help removing a “tenant” I let live with me for free because they were down on their luck. Now I can t get them out and the law doesn t seem to be in my favor.
Cross post: first time doing this: [landlord US-VA]Ok. So I currently rent a 4 bedroom home with my 2 kids. Long story short I told a girl I knew in middle school that she could stay with me a few months for free. No lease. Well things didn t work out I m sure she stole my prescriptions and her daughter who was only supposed to come on weekends is here more then that. I kicked her out. She said she has 30 days. I called the cops no go. I can t prove she stole my meds. There is no lease and she doesn t pay anything per our verbal agreement. I work like 60+ hours a week so I got lazy and didn t give her an eviction notice because I didn t know I had to. Because she never signed a lease I was trying to help someone. Now it s been about 3 weeks and she is causing drama and being an annoyance. I am being light on details but will provide all the information that s needed per request. I just want to know if I have a way to get her out before I call a lawyer and pay money I shouldn t have to spend on someone I was just trying to help out. Also since I never gave her an eviction notice has her 30 days not started? And how hard are they to do how formal do they have to be? Please help if you can.
2017-11-27 02:06:32
9
Congrats you done fucked up. You need to give her a written notice to quite per your state s LL Tenant laws. in VA that s a 30 day notice to quit. In writing. AFTER that you can take her to court to evict her. Before then you cannot remove her from the property. Practically you may be better off offering her a sum of money to end her tenancy (if you do this get everything in writing).
2017-11-27 02:12:41
26
Landlord Lease Deposit Disputes
71,759
I am the primary custodian of my son (8) who goes to visit his dad every other holiday and half the summer. I m wondering if I could get full custody if he is now apart of a religious racist hate group.
I reside in Georgia my sons father resides in North Carolina. My son is mixed. His dad is black. I am white. He is now apart of the BHI and listens to radical teachings in front of my son and apparently does Bible study with him when he is down there. This is a new thing but I feel that it is very detrimental to my sons emotional well being. The teachings are very anti white. Would this be enough of a case for court?
2020-12-29 22:40:12
110
Custody and visitation are two separate things. You can probably ask for and get full legal custody. But he can also ask for and get the same visitation he has now. Trying to deny him visits is a sure way to drag it out in court and cost a lot of money for both of you. It s do-able but it s likely to escalate the exact thing you re trying to avoid. I also need to let you know that if you currently have no custody order in place he could take your son to NC and keep him and you have no recourse except fighting him in court. The police will not help you without an active court order (custody agreement).
2020-12-30 01:30:43
143
Custody and Visitation Disputes
140,863
[US-MA] auto insurance company claimed to represent my mom tried to get a recorded statement from me regarding an accident I was not involved in. When I found out they were not my mom s insurance company I stopped replying to them and now they are harassing me on my phone at home and at work.
I got a voicemail at work from an insurance company in late July this summer saying that they were calling in regards to an auto accident that happened in mid July. I freaked out because as far as I had known my car had not been in an accident however several family members had been borrowing my car and maybe they had been in an accident without telling me. After contacting everyone who borrowed my car I found out that no one had been in an accident. I called the insurance company back and they said the accident had happened July 2016 and gave me the plate number or car model (can t recall which) turns out it was my mom s car they were calling about. My moms car had been in an accident last July but I was neither he driver nor on her insurance at that time (although I am now and at the time of the call which is why I assumed they called me). I told the person that I thought it had been resolved and she said it was but now the other driver is coming after us for more money. She asked if I could make a recorded statement and I said no (bc I didn t have time and wasn t even in the country when the accident happened anyways). She started the recording anyways and after the first question I repeated that I did not agree to make a recording and I will call her back when I have the time. I planned to call her back after work. I went home and asked my mom about it and she said that this company wasn t even her insurance company and that neither party had been found at fault for the accident. Normally I would think maybe I misunderstood the person on the phone but because of the confusion with the dates and the fact that this happened over a year ago I asked a lot of questions and the woman on the phone made it very clear that she was my mom s insurance company and made it seem like the other driver was coming after them for more money. I didn t call her back and didn t reply to her phone calls. Eventually I got a letter in the mail asking me to call. I starters getting voicemails from a man with he insurance company. This same man came to our house when we were not home and left their card and a message relative was visiting. He s been sending me phone calls voicemails and texts to the point that I blocked his number. Last week I saw he viewed my LinkedIn profile and today I come into work and my supervisor gave me a message saying he called because he is trying to track me down and wants to know if I am still an employee. I do not want to talk to them after the initial caller misrepresented the situation and themselves and tried to push me into giving a recorded statement. I do not know why the keep calling me specifically though I assume it is because they have my contact info. This insurance company was my insurance company last year so I assume they saw the same address and knew they could contact me about it. They also know I was not the driver because during the initial phone call the woman said the name of the actual driver (not my mom or me). At this point I am also assuming they represent the other driver. What can I do to stop them from harassing me? If they have an issue they can work with my mom s insurance but I do not want to talk to them or give any recorded statement. Edits: for clarity
2017-10-19 14:01:23
19
Are you sure they re actually with an insurance company? Because no insurance company would do that. It sounds more like these are the other people involved in the collision who think that they are going to trick you into admitting liability so that they can get some money. I d try to find out exactly who they are and then report what they re doing to the police and file for a restraining order against them.
2017-10-19 14:10:11
28
Insurance Denial Car Accidents
68,944
Am I liable for injury to passengers in my POV?
I attend a community college in SoCal and had some questions regarding whether or not I am liable for injuries to persons in my vehicle other than myself. The situation is as follows: The honors society at my jr. college require that you fulfill some criteria to get a notation on your transcript indicating that you belong to said honors society. Much of these requirements have to do with community service hours. Another requirement is that you belong to a committee of the club. Some of the easiest ways to fulfill both is to give rides to fellow members to and from the events facilitated by the club. During the introductory meeting of the club I asked the sponsor professors whether or not they provided required liability release forms for drivers and passengers. Their response was that they did not because it was all so very technical and would complicate things. That being said I do not have full insurance coverage only liability coverage. From what I know (which is admittedly little and thus why I am posting here) I assume that in the case of an accident if my passengers were to come to harm they would be able to sue me as well as the school (I assume because the school sponsors the club and the club encourages ride sharing by rewarding members with credit). Now am I being ignorant and paranoid or is there some rationale in my line of thought? Do passengers inherently agree to all possibilities of injuries and harm when they enter a vehicle (come to think of it is this what happens with public transport such as the bus)? Of course I don t plan on getting into an accident on purpose (knock on wood) but sometimes s****y things happen so I thought I d better consider all possibilities. Or does it as it often is the case vary case by case? Just to cover more possibilities I ll add these here: 1. Driver drove recklessly resulting in accident and injury to passengers. 2. Driver drove within all regulations safely but ended up in an accident resulting in injury to passengers. 3. Driver drove within all regulations safely but ended up in an accident resulting in injury to passengers but the responsible vehicle ran from the scene (hit and run). 4. Passenger distracted or physically disrupted driver which resulted in accident and injury to passengers. 5. Brain fart. I d love to hear some stories if anyone cares to share. Sorry for typos and the wall of text.
2015-09-11 04:16:51
5
Anyone can sue anyone at any time. Seriously all it takes to initiate a lawsuit is a petition and a filing fee. That said yes your passengers could sue you as the driver in the case of an accident. They could sue any other drivers involved in the accident as well. They could also sue anyone else that might be able to be blamed for an accident or their injuries. If there was a pedestrian that caused the accident they could be sued. If a passenger grabbed the wheel then they could be sued. If the accident was caused by a faulty traffic signal then the municipality or state could possibly be sued. A savvy lawyer is probably going to sue everyone who might be at fault in a personal injury case. They ll definitely try to get anyone with insurance or deep enough pockets to cover damages. That includes you as a driver with insurance.
2015-09-11 04:41:17
5
Miscellaneous Legal Query
23,865
Business partner asking for settlement VA
Here is a messy situation. Had a new start up corporation with a partner who came in with no money or contract. Agreed to split with him 50 50 once we were up and running. There were no papers signed or official documents released. There were email correspondence with our CPA saying he would get 50%. He is no longer with us and asking for a large sum of money for settlement even though he put nothing in. Here are some other random facts that could help hurt our case. Please suggest ways to go forward! - Claiming he set up the business and should be compensated for it - Wrote himself checks with company checks for salary (not on official bank record to do so) - Left with no notice nor staff to fill vacancy (almost shut down due to this) - He is claiming 50% shares because of the correspondence (asking us to buy out his shares) - If we do not act they want his 50% owed every month (does not work at all right now) Reddit please help me to get this scrub back in his place!
2015-10-21 15:09:31
6
It sounds like he s claiming 50% because you agreed to give him 50%. That makes sense. If you think that something about the circumstances means you shouldn t have to do what you promised you ll need to either negotiate a smaller settlement or consult a lawyer to review your options.
2015-10-21 16:27:02
2
Business Partner Financial Misconduct
26,512
PayPayl is hoping for a judgment against me 7 years after PayPal Buyer Credit (PayPal credit card) went unpaid.
In college I maxed out my PayPal credit card ($1 000). I never paid anything towards it and at the beginning of the year this item fell off my credit report. I m now getting calls from a company representing them threatening litigation and judgements against me. It s been seven years since this was first reported on my credit. My questions are... 1. What is the statute of limitations? I opened the account when living in Texas and now live in Florida. According to [this website](http: www.creditcards.com credit-card-news credit-card-state-statute-limitations-1282.php) the statute of limitations is 4 years in Texas and up to 5 years in Florida. If that s true should I be concerned about anything? 2. If I pay this back what happens to this item on my credit? Does it go from something that has gone away to something that is showing up again?
2016-04-01 20:55:47
6
Whoever issued the card (and it probably wasn t paypal directly) would normally indicate which states law would apply. Having said that I would suggest you look up tolling .
2016-04-01 21:01:46
6
Debt Collection Legal Issues
36,657
What to do about SO s dad s embarrassing site?
Throwaway for obvious reasons. When my SO was a child they were kidnapped by non-custodial father. Many issues on both sides of parentage had to hideout with dad for years ended up on television as missing and exploited child. Really messed them up. SO has a very unique and beautiful full name googled looking for a video they were in and found a shocking website. SO s dad (the kidnapper) has put up a site with photos and videos and stories detailing the kidnapping and telling very personal private details about SO s life. This site comes up as the 3rd search result under SO s name so prospective employers partners really any curious party will find this very personal and embarrassing backstory about them. SO asked their dad nicely to take it down but clearly dad is a narcissist who will not. What are the next steps? Should they try the police? If so what branch to report? Can they try the place hosting the site? Should they try cease and desist next? Thank you for your help. Tl dr My SO s dad made a website dedicated to very sensitive personal and legal life issues about my SO using their full legal name so it pops up in first 3 search engine results. *edit SO s Dad will not remove the site. What are the next steps? Should they try the police? If so what branch to report? Can they try the place hosting the site? Should they try cease and desist next?
2017-07-21 13:42:27
259
It s generally not illegal to publish true facts about someone even if it s embarrassing or regarding a minor. The best option for you SO is to work on SEO to get the website lower in the rankings. Honestly they might want to consider changing their name as well.
2017-07-21 13:56:57
267
Miscellaneous Legal Query
63,267
Father is making Death Threats against My mother and her family for money they don t owe him he s gone insane and has lost it please help.[US](dont upvote)
My pos father is making death threats against my mother and her brothers we have those threats on record he has also bought a gun and may do something at any given moment We are in texas and he is definitely not mentally sane enough to be owning one. what is the proper course of action to take my mom is separated from us and lives 10mins away at my grandmas house he knows where she lives i am currently living at my father s house(although it not only his house)and he has threatened to kick me out because he is mad that he hasn t gotten any money hes asking for 75k a number which he pulled out of thin air saying that when my mothers family lived in our house they didn t pay and is adding up all the time they lived and didn t pay. thinking of calling the police tomorrow and reporting the death threats is that the best option or is there something else i can do? please don t upvote just want solid advice
2017-12-03 07:41:49
6
&gt what is the proper course of action Seriously? You have death threats. Active threats recorded made by someone with a gun and may do something at any given moment . And you have no clue what to do. Just gobsmacked for options. Nothing at all comes to mind. Fucking call the police. The police. The people who investigate and prosecute crimes. Pronounced POH-LEES. Pick up the goddamn phone and call the goddamn police.
2017-12-03 07:45:48
53
Family Abuse and Safety
72,200
[California] Neighbor has security camera aimed on my driveway
My nuisance neighbor has set up a security camera on a pole in his yard adjacent to my long driveway. It s pointed directly at my driveway. I don t know the camera s field of view but it appears to not even see his own yard only my driveway. It may also be able to see my gate access keypad. I put up a sign on a pole to block at least some of it s view and he responded my putting it the camera on a taller pole. He seems dead set on spying on my comings and goings. What can I do?
2018-03-15 03:02:07
22
&gt What can I do? Continue to live life. Assuming your driveway is in plain view of the public you don t have any legal recourse. You can ask the neighbor to stop.
2018-03-15 03:08:22
40
Privacy and Surveillance Rights
79,058
Paid for a product received an item not as described by a retailer. Receipt says no refunds. What do I do?
Hi reddit hopefully you are able to help me with this. Recently I went to a mall near my area (Massachusetts but live in CT) and was pulled in to a booth where I was demo d sone hair products and a flat iron. The flat iron was advertised by the salesperson as a Steam Iron Curler and hair dryer all in one. He tested the product on my hair and I was impressed with the results so naturally I decided to buy the product. He grabbed a box from the booth and put it in a bag even threw in a free comb (probably to distract me from seeing the box). I paid for the product with my debit card and I was on my way. When I get home I realized that the product I had received was a completely different product than the one I was demo d at the booth and I looked at the receipt and almost completely hidden at the bottom was No Refunds . I will try to go back to the retailer tommorow to dispute this however what can I do in this situation? Can I file for fraud? Small claims? Thanks in advance! Tldr: Got baited at a mall booth paid for a product box had a different product inside. Update: I went to the retailer and was Immediately bombarded and yelled at by the employees there. They claimed that they were the managers (when I know they weren t) and treated me with absolute disrespect. They tried explaining that The flat iron uses the same technology that is in households microwaves which is what makes it a steamer Not only is this absurd but being a computer technician and tech enthusiast this absolutely made me laugh as I know that s purely bullshit. I explained that what they had done was fraud under the Massachusetts general law 93a and was just laughed at. There are no refunds She told me so go do that chapter 93 thing or whatever (Boiled my blood btw) and proceeded to talk in another language with her peers. I left peacefully after this encounter and I went to the Customer Service Coordinator where she took note of the case and filed a report for the mall with all the details of the entire story that I provided to her. She then apologized for the inconvenience and told me I would hear from her boss in less than 24 hours. Very nice person and seemed like she genuinely wanted to help me get a refund. If this doesn t do it I m sueing. Thanks for the help Reddit! P.S. - Any more tips still welcome.
2019-01-14 01:36:11
9
Make an attempt to resolve it with the merchant. If they are unwilling to make it right and you paid with a credit card you can pursue a dispute with your credit card company.
2019-01-14 01:43:25
17
Fraudulent transactions via hacked account
102,183
Oregon have not received final paycheck from ex-employer. It s been 9 months.
So I previously worked at a food retail place place over the summer and quit back in August 2013. I have not received my final paycheck nor any form of contact from my ex-employer other than getting my W2 form hand delivered from a different employee there. I waited for my paycheck to come in the mail for months and eventually just forgot. It s been so long that I can t recall how much I worked between the time I quit and the paycheck prior I don t know how much I m owed however I know that this is not right and I deserve to be paid for the time I worked. First off I m just curious how legal is it for them to withhold my last paycheck? What can I do about it? I am not in a position to physically go to the store at this point. I tried contacting the chain s HQ via their customer service email (only email they offer that I could find) about a week ago I got no reply. What are my options?
2014-05-13 01:17:18
8
You can file an unpaid wages claim. Complete the information as best you can. http: www.oregon.gov boli whd Pages w_whhowinf.aspx
2014-05-13 01:20:26
2
Paycheck Payment Delays
7,290
Help! Sister gave away my identity.
My sister stole my mother s notebook or went through it and my found personal information she s had saved then took that to her friends house where her friend and boyfriend stole almost 5k from my account completely draining it. Opened up phone plans and spent thousands on mobile phone casino games. Do I have any legal options in getting justice for her stealing the information from my mother and doing this? There s no trail of charges to her directly but she already admitted to taking the information because of a petty argument with my mother. I m feeling pretty crushed right now hoping there s something I can do about this. Thank you.
2021-06-05 03:26:36
11
Your sister didn t give away your identity she stole it. That s a crime Make a police report cooperate with the investigation and ask that she be charged for the crime she committed. Dispute all charges and provide the police report. Restitution can be ordered by the judge if she is convicted.
2021-06-05 03:43:38
26
Miscellaneous Legal Query
146,244
[GA] Strange letter in the mail about unemployment?
So I moved from FL to GA within the last two weeks and because of that I m currently out of work. Yesterday I finally managed to log onto Florida s unemployment website and file a claim. That s all well and good but the very same day I received two letters in the mail from the Georgia Department of Labor saying that someone had filed unemployment for me in Georgia and they were requesting information from me for a follow-up. I ve only just moved to Georgia and I filed for Florida unemployment not Georgia. The last four of my SSN that was on the letter was correct but the name on both letters was incorrect and is a nickname that I go by. I m just confused as to what needs to happen or where I should go from here. Edit: I should mention that the nickname I use is Justi and is only one letter off from my real name
2020-04-03 15:17:35
17
Look up the GA Unemployment number and call them.
2020-04-03 15:18:22
10
Miscellaneous Legal Query
129,915
My mom is interested in giving her employees an incentive to vote but she s worried it might not be legal. Can she do that? (TX)
My mom owns a small company (&lt 15 employees) and is interested in encouraging them to vote. She s not going to encourage them to vote one way or another but she wants to give them a really small bonus if they bring home an I voted sticker. One or two of her employees are ex felons who might not be done with probation yet.
2018-10-15 16:24:48
138
It s illegal. It would not be illegal to for example give everyone a paid day off on the 6th.
2018-10-15 16:44:15
400
Miscellaneous Legal Query
94,280
Does stating IANAL really protect from liability?
Could you even be held liable for giving advice on this sub? USA.
2016-01-24 16:45:07
6
No one is liable for giving advice on this sub. Its for informational purposes only.
2016-01-24 16:51:28
13
Miscellaneous Legal Query
32,280
South Carolina- Driveway on neighbors property?
My husband and I live next to his parents. My husband bought a house about 4ish 5 years ago from his Aunt. His parents bought the lot next to him which was also owned by his Aunt about 3 years ago and built a house on it. This week they had an asphalt parking space put in at the top of our driveways connecting the two. Both my husband and I did not want this done but he went ahead and did it. They have a past of doing things like this that directly affect us without really caring if we want it or not. We are expecting our first child their first grandchild and it has only gotten worse. When confronted about it he said part of our driveway is actually on their property so they had the rights to do this. I m confused because both the house we live in and the driveway are over 50 years old. Why were the lots not split up correctly when sold and what can I do to change the property line so we can get rid of the connecting part? Pictures of driveway: http: i.imgur.com m8UefGc.jpg http: i.imgur.com 2JgBRcq.jpg
2017-01-27 23:56:27
5
Unless he had a survey done I don t think you have a particular reason to assume he has any clue what he is talking about. I m going to look it up but I think even if the property was originally part of your in-laws lot you may have some [adverse possession](https: www.nolo.com legal-encyclopedia adverse-possession-trespassers-become-owners-46934.html) going on by now.
2017-01-28 00:01:14
4
Neighbor Property Line Fence
53,045
Can the police charge the family member who claims body for an autopsy whom they killed?
Lane County Oregon USA. Not my family but friend had a relative get shot and killed by the police but when they contacted the police the body was already moved to a morticians. Apparently they want $ for the autopsy and the cremation. Is this SOP?
2013-11-23 18:09:52
7
First my condolences for your loss. Yes you ll have to pay for an autopsy and transport. Autopsies are paid for by the state when the cause or manner of death is in question. Sounds like he got shot to death by police case closed. Source: licensed funeral director in AL. Edit: yes they will have to cover the cost of cremation as well. Funerals are not free nor is the removal and disposition of the body.
2013-11-23 19:17:05
16
Miscellaneous Legal Query
4,440
Buying a Condo in California - Seller is being suspivious
HAHAHA: Title meant to say suspicious but suspivious sounds better Good evening redditors I have a small question. Almost a month ago I put an offer on a condo and the seller has accepted my offer. During an initial look at the place the listing agent had said squatters came to the house since it was empty and had damaged stolen some items including the windows that were broken. The offer was accepted under the conditions that the seller must replace missing and damaged items. Everything has been good since I bought condo insurance my loan has been approved appraisal was completed and listed a number of items that needs to be replaced and fixed. The only thing left until escrow closes is for the seller to fix those items title stuff official loan completion final walk through - almost done. I ve signed a repair form that lists all the items as listed damaged and needs to be replaced in the appraisal for the seller to fix. The listing agent has contacted my agent saying whether or not I d be interested in moving in after they fix major things like the windows and within a few days fix the rest of the stuff his reasoning being to make it obvious that someone lives there and prevent squatters from tearing up the place before escrow closes. On one side I can use the moving in early to my advantage with what I need to do in life. On the other side this raises many many many red flags as I can t find any other records of someone else doing this. I m not a legal professional and neither is my realtor but what my realtor suggests we do is have in writing that I m not liable for any damages while I am occupying the space. It should also be noted the loan cannot be completed until items are fixed and re-inspected so it doesn t seem like he d be able to take my money and run without fixing the rest. The offer was accepted December 2nd and we have in our agreement escrow to close January 15th. Really the only thing that is holding this back is the completion of the repairs. What would happen if the seller cannot complete the repairs by the 15th? Any advice? Exact words from Listing Agent: what liabilities he will pick up. He will be like a care taker of the property for a week or two and once we close the deal he will be in. If we can t he can continue as a tenant or move out. I can give a letter to that effect. He will not have any obligation for the loan or closing. It is lender requirement. I think this email will be enough to keep him out of any obligation.
2016-01-07 21:20:33
18
Buyers moving in early before closing and sellers moving out after closing both happen. It s not usually because of squatters though. You just need a lawyer to draft what is essentially a lease to cover the period you ll be occupying the house before closing. You can arrange any terms you want but you should probably pay rent even if it s just a few dollars per day and you ll just pay it at closing. That way you re both on the same page if something goes wrong and they can t close on time the terms of your tenancy are clear. Have a daily or weekly nominal rent amount you ll pay it at the end of each month and or at closing. You both can agree to extend the closing if needed. There s only an issue if you re not okay with them requesting to delay the closing date. As long as you re cool with it then just agree in writing that the closing date will now be February 1st (or whatever date you want) and as long as both sides agree and the lender also is okay with it you ll be fine. However DO NOT close until they have completed 100% of the repairs they agreed to compete. If they never complete the repairs and you therefore never close then you ll just be a rental tenant following your (to be signed) lease.
2016-01-07 22:31:27
12
Real Estate Purchase Challenges
31,183
Told I Had To Move Out in 20 Days By New York Law... Is This Legal?
[New York State] I just moved into a room I rented in a house on February 5th. I met with the woman a few days before to view the place and we spent a couple of hours talking to see if it would work out between us. We agreed it would and everything was going good (as far as I could tell) until tonight. When she and her son which is 22 years old and told me it was not working out for them that they wanted me to move out by the first of March. They then told me they spoke to someone and by New York Law all they had to give me was 20 days notice to move out. Is this correct? I thought it was 30 days notice from the time they gave you notice. Someone please help with advice on the correct law in New York State (not the city of new york)
2018-02-14 01:44:47
25
Do you have any kind of lease or rental agreement?
2018-02-14 06:05:06
10
Landlord Lease Deposit Disputes
77,141
Custody of my daughter
If i go to court for custody of my daughter and i ask them to drug test my ex girlfriend will they? I know she does get plastered around her and she smokes weed and there was atleast one time i knew she had done lsd around her. She doesnt live with me and neither does our daughter. My daughter mainly stays with her she uses her as a pawn to hurt me. Edit: I am from texas
2019-01-19 08:31:14
7
Fuck yeah you can use that. You *should* use that.
2019-01-19 08:32:39
13
Miscellaneous Legal Query
102,663
Husband s Grandma just passed away and she still has a $50 000 debt to the IRS and a $130 000 mortgage on her house. Her dying wishes were to keep the house.
[Texas] My husbands grandma refinanced her $200 000 home at 80 years old to pay bills when she was in a spot of financial trouble. She passed away at 87 this week and still owes the IRS $50 000 and approx. $130 000 on the mortgage. Her main wish when she was sick in the hospital was to keep the house. My husbands mother and her brother inherit the house in the will. The family are very attached to the house and are going to do everything they can to keep it. I m worried that the IRS are just going to take the house because it s her only asset close to the worth the debt. Could anyone please shed light on the IRS protocol when it comes to claiming a debt of a passed family member.
2019-09-09 15:27:14
146
The IRS is going to get their money before anybody else does you can count on that. It s owed to the US government. As mentioned you may be able to take a home equity loan to pay off the IRS. &gt are going to do everything they can to keep it. Does that everything include paying 50 000 to the IRS? Because that s what it s going to take.
2019-09-09 15:33:55
272
Family Estate Disputes
119,323
Brother refuses to return my car to me after 2 years please help!
This is a long one so forgive me. This is a bit more complicated (I think) than the title implies. Backstory my brother and I (both in our 20s living in California) do freelance work together in the winter months that requires quite a lot of equipment. Due to the fact that I had a second job one particular year and was unable to work with him as much as usual I decided to loan him my car as it is much better suited for carrying all of the equipment needed. In return I would drive his car for the time being. Following the end of the season my brother was reluctant to return my car to me and at the time I didn t mind all that much because I still had his as a reliable everyday driver. We spoke occasionally about switching back but when the time came it just never happened. Fast forward a full year. I saved up all of my cash tips from work and decided to put them toward a down payment on a new car. Before I did that however I told my brother he could keep my car in exchange for $1 200. The Kelley Blue Book value at the time was just under $4 000 but I figured I didn t need or want it any longer and he seemed to really like it so I didn t mind such a reduced price. Fast forward again it has now been 14 months since this verbal agreement took place and I am yet to have received a single penny for my car. Both my parents and I have confronted him about paying me but he simply says he will then doesn t. It s been a whole hell cycle and I think his mentality is that I will just give up eventually. I have officially decided that I would like to repossess my car and sell it to another buyer as the KBB value is still higher than what he was supposed to pay me or I can trade it in to my dealership to reduce the amount of payments left on my current car. Here s where I don t understand my rights entirely. The paperwork (registration car note etc.) are all still in my name for all the govt. knows I ve been driving this car myself the last 2 years. However because he has technically been in possession of the car for such a long time I don t know if or to what extent that reduces my right to repossess the car. I would also like to note that this decision hasn t come lightly my brother and I have grown apart immensely in the last two years and I know this will cause more tension and strife within the family. I want to avoid doing things like reporting it stolen or taking him to court if I can. My parents are openly against my repossession plan as it stands and I don t want to make things worse. TLDR: Had a verbal agreement with my brother saying he would pay me $1200 for my car it s been over a year and he is yet to pay me. I would like to repossess it. All paperwork for the car is still in my name. TLDRtldr: brother buy car from me but no pay me after year. What do?
2021-06-16 11:04:18
22
If you have keys just go take it.
2021-06-16 11:20:19
46
Car dealership title issue
146,720
Can the governor override union contract and or pool resources of private hospitals during a crisis?
Edit for the bot: this is *not* a malpractice question although it has the word “malpractice” somewhere in there. I hope I can post this here. If not please let me know and I ll take it down. I m not sure anyone will know a definitive answer to this question so I m mostly seeking information about precedents and some background knowledge of the relevant laws. I m a nurse at a private hospital in NYC. We are part of one large system of hospitals but my hospital and a couple of others are unique in that we have our own private union. We re not part of the larger 1199 healthcare workers union that covers the other private and state hospitals. Recently due to coronavirus Gov Cuomo has stated his intention to take all of the public and private hospitals and make them function as “one system” to “offload patients” and “pool resources”. I have 2 questions. Background for the first one: As I ve said my hospital system is very large and we have many distant sites. Our CEO has been out in front of this thing from the start and due to the size of our system it seems we ve acquired a very large stockpile of PPE prior to this crisis. We have a warehouse as well as a new staff-managed distribution center that sends PPE to hospitals as they request it. My first question is whether the governor under this “one system” model has the power to compel us to share our material resources like PPE and ventilators. To be clear the governor has not yet discussed this plan with the private sector and is planning to do so in the next couple of days so I m not talking about a situation where our higher ups *agree* to share resources. I m talking about a situation where this may be mandated. Is that allowed? My second question is can the governor override our union contract in any manner? Relevant to this question is the fact that ALLLL of our support staff (nurse assistants transport team kitchen staff housekeeping etc) is the state union 1199. Only the registered nurses are in the private union so I m not sure what their contract says only ours. I know you guys don t read over contracts but I m well-versed in ours and will give a quick run down of the relevant terms although none state anything about local federal government specifically just dedications to the staff as expected since the govt isn t a party in the contract (&amp lt —- I m sure that s relevant so what does it mean for the parties who are bound? Will nurses have to waive their right to arbitration with the hospital? What form will the waiver take?) -Set ratios in each division and no disaster clause except for one interesting term where they state essentially that “intermittent and occasional” variations are acceptable in unforeseen circumstances which don t count against administration and that the ratios will be considered satisfied if the average number of nurses:number of patients hospital-wide is sufficient to satisfy the average daily census (ie 1000 COVID patients on med-surg we need 167 nurses in the hospital staffing med-surg since we re 1:6 patient:nurse ratio). -No mandatory overtime. The exception to this—though I ve seen it debated lately as a “scare tactic” so clarification is welcome—is always if the relief nurse doesn t come in. If we don t have a nurse to hand off our patient assignment to it s considered abandonment which opens up to negligence and malpractice. That s the only time I d imagine our union nurses would be compelled to stay later but our contract (and state law I believe) precludes us from working more than 16 hours in a row. We can voluntarily work as many shifts week so long as we have 12 hours off between. -No clause for disaster management other than the above sentence about unpredictable uncontrollable circumstances (they were thinking about 9 11 when written). The response by our union president about a question about our ratios was “I don t foresee that being a problem. We ve had so many many nurses volunteering for overtime. We re always going to have staff” but that was when we had the promise of “at least several months of PPE in our stockpile. Enough to get us to the point production gets ramped up and we can purchase more”. As anyone following this crisis knows we just don t know about production at this point. And with the governor now making reference to “one system” obviously the question about PPE comes to mind considering what dire straights many of the state AND private hospitals are in. Any elucidation of these issues is v appreciated!
2020-03-30 11:22:53
8
The Governor has power through the various state health agencies to order hospitals to operate in particular ways. He can issue those orders without regard to the contracts between the individual hospitals and their staff. If the hospitals decide to breach the contracts with the unions in order to follow the orders of the Governor it will be a matter to be adjudicated via future negotiation with the union or with the ruling of the court system.
2020-03-30 12:02:16
10
Miscellaneous Legal Query
129,720
My sister s possibly gonna be charged with fraud.
So my father closed his resp account (that was for her school) and put the money in her account. Now the money in her account is supposed to go to school but it s to much like a LOT. She doesn t want it in her account so she wants to send it back to him will she get charged with fraud? Seeing as he sent her the money closed his account and then she s gonna transfer the rest back to him and NOT pay a school. Sorry if my writing is terrible.
2019-09-23 21:36:26
8
What s a resp account ? Why does it matter if she has too much money in her account ? Why isn t she going to pay the school? You re not going to get any help if you don t make it more clear what the situation is.
2019-09-24 02:44:36
5
Parental Misuse of College Savings
120,075
Attempted auto insurance fraud (Glendale CA USA)
This accident took place in Glendale CA USA. Notorious for shit drivers and auto insurance fraud. I was driving down a road when a lady slammed her brakes in front of me (she went from 45-0 mph suddenly). I slammed my brakes but tapped her car maybe at .5mp or 1mph. There was no thud there was no damage to any of our cars. Not a single scratch on either car ( I can upload pictures if they re requested). Bumpers were all in line and there wasn t a dent on either car. I used to be an auto mechanic and I know there is no way there s any frame damage or any damage to the bumper support let alone the bumper. She was fine until the police came when she grabbed her neck and started claiming injury. She claimed I rear ended her at 30 miles an hour. The police offered to call an ambulance but she refused. The police doubted her story but told me it was up to the insurance to decide. A lady pulled up next to us and told me that she d been deliberately slamming her brakes trying to get someone to hit her. She tried the same thing on her until she sped up cut into my lane then tried it on me. She wasn t able to give a statement to the police but I have her name and phone number and proof that she was at the scene (I took pictures and a video). I understand that whoever hits the car at the scene is usually at fault but is there any chance I can win this? I really don t want someone who s trying this as a scam to win.
2017-11-08 03:27:31
34
Why wasn t the witness able to give a statement to the cops? Was a police report taken? If so I d provide the witness s contact info to the cops and request they contact her to get a statement.
2017-11-08 03:42:05
28
Insurance Denial Car Accidents
70,339
Business owner in NJ fired woman working payroll because she was explaining the new state sick leave policy to the employees
This doesn t seem very legal to me but I m not entirely sure how it works considering New Jersey is an “at will” state. Can the business owner get fucked for this? Edit: also showed the owner that the employees legally don t have to pay the fee for direct deposit and explained that to the employees as well. I believe this is what happened prior to her being fired
2019-01-08 19:43:29
307
NJ does recognize a public policy exception to at-will employment it can be illegal to discipline or fire an employee if it contravenes public policy such as firing someone for making a workers comp claim or refusing to commit an illegal act. It s possible that if she was fired explicitly for advising employees of their rights under state law that might fall under that exception. How successful she might be in a wrongful termination lawsuit would depend on the full facts of the situation though. It might be worth running it by an attorney especially if she happens to have evidence that they actually fired her for that reason.
2019-01-08 20:40:06
200
Miscellaneous Legal Query
101,715
Owner of property is asking us to remove appliances and personal property none of which is covered in lease. How to we ensure we are not being taken advantage of?
My two apartment mates and I live in Los Angeles. Our experience with this landlord has been frustrating to say the least. We live in an old 1920s duplex that is super run down (minimal lighting in common areas minimal electrical outlets throughout entire house stair treads constantly falling off I could go on). We have had a bad relationship with them ever since we went to turn on our heater and noticed a red tag on it. It took over a month for them to actually get someone out to ensure the unit was actually safe. So our front door knob broke and we emailed them to fix it last Sunday. We received no response. We had to follow up on Thursday and they finally fixed in on Friday. This type of negligence is expected as this point (they spelled two of our names wrong on the lease). When they were here fixing the door knob they noticed our washing machine dryer mini fridge and wood. We received an email yesterday (Saturday) that we were required to remove the washing machine and dryer off the premises (units we have bought). It is a portable washing machine that connects to the kitchen sink and a electrically powered dryer. There is nothing in our lease prohibiting these items. Their reasoning was that the pipes can t handle the washer and the dryer is a fire hazard . Additionally the mini fridge is located on the laminate outside of the kitchen where it has resided since we moved in in September. Now they are requiring it to be on the kitchen tile. No reason was given. Finally I am a woodworker not as a hobby as a profession. I have some stored lumber in my apartment. I use no power tools and do no work past 8 pm. They are requiring me to remove all building material out of unit (all wood) off the premises \[as I am\] creating a habitat for termites . All lumber I have sourced was kiln-dried and not stored with exposure to moisture or elements which means it poses no additional harm for pests. Note that there is unfinished wood in every cabinet and drawer that came with the unit. The three of us are livid and they are stating there will be no further discussion in this matter . We were already looking up legal services concerning the potentially defective and dangerous heater but of course we want to avoid legal intervention. Our lease expires in September and we are all ready to leave. We have never been late on any payment and we have already accepted there s no way we are getting our security deposit back because this has all just been a nightmare. They refuse to speak to me because they know I ll call them out where they are wrong and only communicate with one of us. So what do we do? Any advice is greatly appreciated. Edit: Thank you all so much for the help! We all appreciate it and it s given us a better game plan on how to move forward and deal with this situation.
2019-06-23 13:42:11
60
NAL don t live in CA .... but: 1. The idea that they would be able to evict you for \*not\* violating your lease in 3 months no less is laughable. 2. Don t give up on your security deposit. Hopefully you documented the condition of the place before you moved in. Make sure you document the condition when you leave. That money is yours and they owe it to you when you leave less actual damages (not just crap falling apart because it is old). 3. Do make sure the wiring in the house can handle the dryer.
2019-06-23 14:46:58
68
Miscellaneous Legal Query
114,198
Do I need to serve the conformed Copy of my answer? (WA)
I mailed (with tracking) my answer and notice of appearance to the plaintiffs attorney on Friday 10 25 19. My 20 days is up on 10 30. I took my original copies to the court this afternoon and filed them and had a copy date stamped. The clerk mentioned that I should have sent the “conformed” copies but it would be filed with the court as of today. Did I screw up by not “serving” the conformed copy of my answer to the plaintiff? Will my answer and notice appearance and service be contested? Is there a way to remedy this?
2019-10-28 19:47:50
5
&gt Do I need to serve the conformed Copy of my answer? Yes. &gt Did I screw up by not “serving” the conformed copy of my answer to the plaintiff? Yes. &gt Will my answer and notice appearance and service be contested? Impossible to answer. Your crystal ball is as good as ours. &gt Is there a way to remedy this? Yes. Serve the plaintiff with the documents you filed with the court.
2019-10-28 19:52:03
2
Debt Collection Legal Issues
121,996
12 month deadline for filling Life Insurance claim has passed. Only told of claim 25 months after death.
My Uncle died in July of 2014. He was reclusive and avoided most people. He also did not leave a will. We were close when I was young and he was a decent guy troubled but a good man. I heard of his death through a social worker and removed his belongings from his suite. He had few no documents or papers and was quite poor living on his pension. He was cremated and that was it. Over two years later at the beginning of August I got a call from his union s national benefit fund. I had been named beneficiary and they requested I sent a death certificate. I did and received this in response. Please provide the Plan Administration Office with the following documentation so that we may process the Life Insurance Benefit: 1. &lt insurance company &gt Financial Claimant s Statement Please note the deadline for filling the Life Insurance claim is 12 months from the date of death. Also be advised that there has been a Pension overpayment in the amount of $x xxx. for the Months of August 2014 to August 2015 which was direct deposited into Mr &lt Uncle&gt s bank account. Please send our office a cheque for this amount payable to &lt * Pension Plan &gt . We thank you in advance for your co-operation regarding this matter. Needless to say this was beyond disappointing. There is NO way I could have known about his pension I had no legal right to look into his affairs and like I said he did not have a will. It was more than 25 months since he had died. I explained that it was very strange that they did not contact me long before. I got this response from the Benefit Fund Administrator The reason you were not notified earlier was that we did not know Mr. &lt name&gt had passed away until recently. His bank returned the August 2016 pension payment which in turn made our Office look into why the payment was returned. That is when I called you and asked if your uncle had passed away and you in turn replied yes. Therefore I asked you for the original Death Certificate once I received it I sent you out the forms to apply for the Life Insurance Benefit. To answer your question I do not know if &lt insurance company &gt will accept your claim on the Life Insurance Benefit. Please complete and return the documents once I receive them I will forward them to &lt insurance company &gt and they will have to make their decision on whether to pay the claim. I will advise them that you did not know there was a Benefit payable to you that is why the claim is being submitted late but in the end they make the final decision. If you have any other questions please do not hesitate to contact me. Regards &lt Dick &gt Pension Administrator I cannot afford any legal procedures and I have a bad feeling that relying on the kindness of the insurance company to do the right thing is naive at best. ANY suggestions advice or words I could use would be really greatly appreciated. Do I have a chance of getting the benefits my Uncle intended for me? I live in Alberta Canada although I m pretty sure this might be a universal problem. Thank you very much for any help!
2016-09-04 15:00:46
148
The insurance beneficiary issue and the pension overpayment are two separate issues. Don t let the benefits administrator conflate them. You are in no way required to personally repay the overpayment. They can apply to the executor for that repayment. The insurance issue is tougher. I can absolutely see the company refusing to pay you you might want to consult with a lawyer if you want that money.
2016-09-04 18:39:51
56
Family Estate Disputes
45,143
Involved in a multi car accident with fatalities. I want to help all I can but I also want to protect myself.
California Just a warning this is extremely graphic. Over the weekend my boyfriend our friend and I went on a trip to the coast. We were driving back to Sacramento early in the morning when there was an accident. We were driving through a rural area on a highway going 65 and it was pitch black. From what I could tell in the dark and at my distance and with the speed in which things were happening it looked like two cars collided and debris was all over the road. I braked hard and went to avoid the cars but hit some debris so I pulled over. When I got out to check my vehicle I ran back to the scene to see what I hit and discovered a body in the far right lane. I went on auto pilot and called 911. I did my best to explain where we were and what happened. There was another body on the ground a couple lanes away from the first and a girl screaming and pinned under a car. I stayed with her while bystanders and my passengers did their best to make the scene safer by redirecting traffic. When police arrived we got together with them and lifted the car off the girl. She had a severe head injury. I stayed with her until the paramedics arrived which was also about when she stopped breathing. I have no idea if she made it or what her quality of life will be if she did. After the paramedics took over I broke down and walked back to my car. I cried heavily for a couple of minutes. An officer approached me and my passengers and took our statements. I told them I think I hit someone and they tried to convince me I only hit debris. I was not convinced and leaned under my car with my phone flash light on and found blood and bits of...flesh or brain smeared all over my car s belly and hanging down from the heat shields and exhaust system. I was angry with the officer for blowing me off and trying to get us to leave. I had a literal crime scene under my f\*cking car. Eventually they decided there were three separate incidents. An officer gave me a card with his badge number and the incident number. He took my insurance information and took pictures of my vehicle but only took one picture of my vehicle s underside from the front. Remember this was pitch black rural territory with no streetlights. Then he told us that they had everything they needed that we could go and to just take my car to a car wash and rinse it off really good which is absolutely mortifying imo but what else are you supposed to do?? I m asking if there is anything else I can do. It the daylight you can see better just how much human remains are smeared and hanging off my undercarriage. I doubt the evidence that was collected and I had the thought to have a local CHP officer come out and take additional photos and send them to the officers who responded (we drove straight home from there after that skipping Sacramento altogether. I don t feel comfortable stating where I live here but I do live in California). I haven t washed my car yet and I would like to do so as soon as possible...I need to get rid of that smell and I need to have my transmission looked at because it doesn t sound good after what happened. I just don t know if this could be used against me. I feel like not because of the way the officers were treating the situation trying to convince me I didn t hit a literal human and trying to get me to leave. Barely taking pictures and all. But I don t know. I just don t know. I m sorry if I m asking stupid questions I just want to do everything I possibly and reasonably can. I didn t see what I hit and if I did avoiding it could have put myself and my passengers at further risk. The incident was spread across the highway taking up all three lanes and even the shoulders on either side. I just didn t want to collide with the vehicles in the wreckage. I also want to find out if legally possible if there were survivors. One paramedic said the two bodies were gone but was vague about the girl. I ve spoken with my friends some of whom are medical professionals about the injury she sustained and the potential for her survival and no one seems to think that with a head injury like that than anyone could live and if they could their quality of life wouldn t be great. An article I found online describing the incident states there was one fatality and two taken to the hospital with major injuries which obviously conflicts with what the paramedic told me. I also want to know if my impact with that passenger killed him because the article (if it s accurate who knows) states that the only person who died was the one my vehicle collided with and if the other two people initially survived their ejection I have reason to believe the man I hit was also alive. So would it be in my best interest to just rinse off my car and move on with my life and not try to get more information to the officers? Do they need more information? I feel awful and selfish for asking such a question but my heart goes out to those people and I want to do everything I can. But I also don t want to have the family members come after me. There s nothing I could have done differently that would have been safer or better. And no amount of evidence or whatever is going to bring that man back to life. Either way whether he was dead or alive before I hit him nothing is going to bring him back to life. And I have to live with that. Also how can I legally and respectfully find out if the other two people survived? Would it be a bad idea to tell the officers to give my phone number to the family members? I don t know what I would tell them...I don t know. I just don t know how to proceed and I don t want to do something to make things worse. Thank you for your advice and I m sorry if I m asking stupid selfish questions or being insensitive I don t mean to be I just really need to know. Also if there is anything I m maybe not thinking about or considering please share. Thank you.
2021-03-22 17:00:42
20
IAL but not in CA and not your lawyer. I suggest contacting your liability insurance prior to doing anything with your car including washing it and see if they want photographs with the remains intact. I would not contact the police with regards to this matter as frankly it isn t going to help you at all and it isn t going to either help or hurt the investigation into the at-fault driver. Because this matter involves at least one fatality there is a strong possibility that you will be pulled into litigation of this matter primarily because there is likely limited insurance coverage to compensate for the damages to all three injured parties by the at-fault driver s insurance. Your insurance company should provide you an attorney to represent you with regards to that matter. If you are contacted by any other insurance company decline to make a recorded statement. You will likely be required to make one for your own insurance. If you are contacted by the police I would recommend consulting with a criminal attorney before speaking to them further. As far as finding out what happened to the victims that may be a can of worms you don t want to open. If this occurred in a rural area the local newspaper will likely have a follow-up story regarding whether there were any additional fatalities (rural areas tend to have a slow news cycle). However I would really consider whether or not you want to know the disposition of these people prior to searching. I would also suggest you speak with a mental health provider or counselor about this. You were involved in a very traumatic incident and I can only imagine saw some pretty terrible things. From the way you write it appears you are still trying to process this incident and you may very much benefit from professional help (I suggest this to any of my clients who have witnessed a traumatic accident scene).
2021-03-22 17:43:05
43
Miscellaneous Legal Query
143,545
[TX] - Property management requires renters insurance but claims they don t accept insurance from the company I m trying to use
Dallas area though not inside of Dallas (working class suburb I d rather not get more specific at the moment). This is a large-ish property management company (think multi-state) based in the area and this is their largest property locally (possibly the largest they own). They require all tenants to carry at the least $100k in liability insurance and strongly recommend carrying property coverage. I have a policy with the correct liability coverage plus sufficient contents coverage for what I own plus an addendum for my camera stuff. I switched companies recently (from a traditional company to an online-only company that s fairly new but licensed in my state) and the property manager is telling me they don t accept policies from the new company. My lease states I m free to choose an insurer of my choice and outlines the minimum requirements (100k liability property company named as interested party). It also states if I do not obtain insurance they will obtain insurance for me and add it into my rent. So can my landlord property manager decide to pick and choose who I get insurance with? EDIT: Thanks for all the input.
2017-10-09 10:50:21
43
Tell them firmly you are abiding by your lease and to leave you alone.
2017-10-09 11:49:11
73
Miscellaneous Legal Query
68,248
[FL] What are my options regarding possible false advertising?
About 2 months ago my AC died. Our replacement mentioned and promised lots of things many of them included on the invoice and install proposal. We got a brand new everything: outdoor unit air handler in the garage the works. Among these promises were 2 in particular: 1. Duct work would be repaired and replaced where needed in the attic. This was not done upon their initial install and took several follow up visits to actually complete the job after significant hesitation on their part to follow through. 2. The outdoor unit was advertised as a 15 SEER unit which is how energy efficiency is measured. A unit with this rating would qualify me for a $200 rebate from my electric company as well. The rebate was just denied with an attached certification letter showing the unit was actually only a 15 SEER unit. Shockingly my electric bill has not changed at all since getting the new updated more efficient unit . I checked the install proposal and invoice again - yup says 15 SEER. I went out to the air handler in the garage and it had 14 SEER written on it then crossed out in Sharpie and 15 SEER written next to that. This company has done a terrible job from start to finish what are my options here?
2018-09-25 16:47:30
6
Sounds like point #1 was solved. Regarding point #2 what do the manufacturer s specs say for that model?
2018-09-25 16:50:27
3
Miscellaneous Legal Query
92,603
Is there a law that stops a teacher from telling a student they can t go to the bathroom?
Is there a law this would fall under? Would be helpful thanks. Location: Maine
2017-10-24 14:04:40
16
...Why is this flagged as business law? Edit: Oh. Oooooooh. I get it. Heh. It largely depends on the situation. Schools have pretty broad authority to discipline control the actions of students in their care. That authority does have limits. So every 15 minutes I gotta go trips that turn into 10 minutes out of class? No. A legitimate need? Probably needs to be allowed.
2017-10-24 14:08:08
85
Miscellaneous Legal Query
69,272
Executor holding onto money?
Hi I don t expect a huge response to this but here it goes.. My grandmother passed away mid last year and this hit the family hard and we also live quite a distance from where she lived so when “the will” was read as expected my mum got the house etc (only child) however this is where things get complicated recently the house has sold and is going through the last stages now but the executor (wouldn t be my mums biggest fan) is claiming she ll be unable to transfer the money from the executors account as she ll be in France (we re UK) however this is just to peeve my mum so I m wondering can she do this? My mum just wants the whole thing over it s been nearly a year since the passing and this is just pouring salt on a wound. Any advice would be helpful. Thank.
2018-03-23 15:35:53
39
it is real hard to force the hand of an executor. by the time you filed anything in court to complain that the executor was not doing due diligence she would likey have the money. In short it will be tough to make it go faster.
2018-03-23 15:55:29
18
Family Estate Disputes
79,636
Lease has a list of restricted dog breeds want to get a breed not on the list but landlord says we cannot have that breed either
KY USA So basically my girlfriend and I are renters and we found a Newfoundland puppy that we wanted to get. We checked our lease which has a list of restricted breeds on it and Newfoundland is not on the list. We went ahead and paid a deposit on the puppy and then notified our landlord that we would be getting a dog because you have to fill out a form and pay a pet deposit. The landlord says they would have to check with their insurance company about whether or not the breed would be allowed because they don t make that decision. They tell me that the insurance company says no we cannot have that breed. The list of dog breeds says that they can change the list of restricted breeds if they want to but the new policy does not go into effect until all tenants have a copy of the updated list. So basically I want to know if we have any room here to push back against the landlord and say that we should be able to have the dog because Newfoundland isn t on the restricted list? Obviously we really want the puppy and we think it is ridiculous that the breed isn t on the restricted list but they re saying we aren t allowed to have it. Punishment for having a dog on the restricted list is if you get caught you will get a notice saying you must immediately remove the dog from your home and if you don t do so you will be evicted (given 14 days to leave). Will provide more info if needed.
2014-05-09 22:41:03
7
Man how big IS your apartment. A newfie will fill it AND the unit next door up.
2014-05-09 23:30:30
3
Service Dog Pet Limit
7,200
GFs dad came to our house to pick up the rest of his belongings but took more than what was his from our house.
After moving into my gf s childhood home to help her father after her mother s death (his wife) we spent four years living under his roof. Throughout those four years it became apparent that the dad is an extremely toxic human. We wanted to move out on year 3 as well as year 4 but he convinced my gf that he would sell us the house as it was hers. She bought the house in Feb. before the pandemic really took off. Living in lockdown with him became even more mentally taxing. Which led to an argument that lasted two days where the situation escalated and I was assaulted by the dad. All this occurred first week in June. Did not press charges or retain an PPO as it didn t seem necessary. Sept 12th we had arranged for him to come to the house and retrieve the rest of his belongings. He was assisted by movers and several family members ( one of whom has stage four cancer and fosters 2 young girls) to take his things out of the house. At the time I was advised I shouldn t be at the house to avoid any heated arguments. He proceeded to take the washer dryer couch chair which were items he had purchased but several of my belongings he took as well thinking they were his or out of spite. He is on probation and I m unsure if it s worth the time and mental effort to sue him or cut our loses and begin a new chapter in our lives with out this person. Edit: located in Michigan
2020-09-13 09:41:26
32
What did he take that wasn t his specifically? That value of those items will determine if you should take any further action. If you ve only lost minimal value items then consider it a cheap price to get rid of a toxic person.
2020-09-13 09:48:30
23
Miscellaneous Legal Query
136,849
Government debt collection for something I don t owe. Have paperwork from the same government saying I don t owe anything. Doesn t matter to debt collectors.
Hello legal experts. I ll try to keep this short and to the facts. I m from Iowa. I served in the military for 11 years. Due to a soldier s inability to do his job I was unable to turn in my OCIE (Military gear) when I left the service. I turned in ALL OCIE later. I believe it was Jan 2015. I have documentation I ve turned in everything and owe nothing. I have been contacted by 3 different collection agencies for the full amount of the OCIE (Over $4000). I ve told both of the first agencies I have nothing left to turn in and have paperwork saying so. I provided the paperwork to each agency. Don t have the names of those agencies available right now but I can find out if that s necessary. Upon receiving the paperwork I ve heard nothing from either of them. Instead they sell the account to another agency. This is the 3rd time I ve been harassed for a debt I do not owe. I was going to let it go after the second collection IF they d get it straightened out. This time I m done being nice and would like to take further steps. What are my legal options? Am I allowed to sue a debt collector that knowingly sells a debt that doesn t exist? Am I allowed compensation for the constant harrassment of reselling a debt that doesn t exist? I have not contacted the 3rd debt collector yet. I just want to know if I should lawyer up and if yes what steps need to be taken? What kind of lawyer should I see? Also if anyone knows of a good lawyer to handle these kind of things in Iowa let me know! Thank you
2016-10-31 17:48:30
10
Send a letter to them asking them to validate that you owe this debt. If they continue to harass you file a complaint under the [FDCPA](http: www.nolo.com legal-encyclopedia damages-fdcpa-violations.html) every time it happens.
2016-10-31 17:53:40
10
Debt Collection Legal Issues
48,023
[Indiana] Car towed from apartment complex
I parked my car at a friend s apartment at 11:30pm last night at 1:45am it was towed away. When I called the company they stated it was due to having expired plates. The thing is my plates aren t expired. I talked to the property manager and they told me since I had proof my car should be released to me no problem. The towing company said otherwise. They are charging me $400 to get my car back and refuse to budge. Am I stuck just paying this and fighting them later? My plan was to charge it to a credit card and dispute the charge later but they also informed me they only take cash. When I called the police I was told it was a civil matter. I just think it s crazy that a company can steal my car and demand I pay them to get it back. If I show up to the lot with police can they legally stop me from taking my car and sending me a bill instead? I m irritated to the point I m willing to pay an attorney triple the tow cost just to prevent these people from getting a cent.
2022-05-06 12:33:12
16
Do not do a chargeback that s fraud. If this is a tow company that has a contract to look over the lots and tow any car that is out of compliance you d sue them. If the apt complex authorized the tow you d sue them. That assumes your car was in compliance with everything.
2022-05-06 12:43:22
29
Unlawful Car Towing Issues
156,952
question regarding renter s rights in CA
So i recently moved out of a three bedroom house where there were only two tenants (myself and a friend) where we were both going to college full-time. we both moved out about a month and a half ago due to completing school. Unfortunately I was unable to be present for the final walkthough of the house for any inspection of damage to the house. As per my LL s request I left a detailed letter explaining any issues that were prevalent with the house along with a forwarding address to where I would want my final deposit sent. Fast forward to now when I called him inquiring about not hearing anything back regarding the deposit. He told me and I quote you have got to be kidding me. Don t call back here without a lawyer and then hung up the phone. Now as of yet I have failed to receive and itemized list regarding what damage was done to the house and the associated cost of fixing anything. My question is should I file a small claims court against him for the deposit claiming he did not notify me of any damage and or cost within the past month and a half and failing to send me any information about the deposit. The deposit was just under $1k and I would really like to just shove it in this guys face.
2013-07-26 00:54:55
6
[Pages 53-63](http: www.dca.ca.gov publications landlordbook catenant.pdf) will explain this process as well or better than any of us can. Read that and feel free to return with any questions.
2013-07-26 01:11:09
4
Landlord Lease Deposit Disputes
2,782
I got sued by a debt collector.
Around April of this year two lawsuits were filed against me for debt they claimed I owed totaling just over $3 000. I never received the certified mail but did receive notice by regular mail. I filed my answer with just days to spare and requested proof of debt. Approximately a week later I received a letter claiming to be proof of debt. The third party company that provided the proof of debt is a subsidiary of the company that sued me. At the top of the letter it clearly states that it is not a statement from the original creditor and was prepared at the request of the company suing me. In other words they created their own proof. After I filed my answer the court set up a mediation hearing for us. We both attended by phone but never spoke. My information was provided to them and was told they would call. The court also set up a hearing date for late December with final motions due by late November. After waiting around for a few months I never received any contact from them. I went to the hearing today and the lawyer was a no show. He did however file a motion to dismiss without prejudice last week. I requested that the court dismiss the charges with prejudice and also provided the court with the collection statement saying it wasn t from the original creditor. The judge agreed and dismissed both cases with prejudice and an order for all collection activities to cease. Before leaving the judge cautioned that they could sue me again if they so chose later down the road and I need to find a solution to the underlying debt. This confused me. I thought once a case is dismissed with prejudice it can t be brought back to the court. Can they file again later or was the judge talking about another collection agency buying it and starting the process over again? I ve reread the clerk filed order many times. It clearly says both cases are dismissed with prejudice and collection activities are to stop. Can I be sued again?
2021-12-28 04:08:39
6
If the case was recorded as dismissed with prejudice then it s over and done and cannot be re-filed. It sounds like the judge misspoke.
2021-12-28 05:21:56
2
Debt Collection Legal Issues
152,763
My father passed away. I have some questions about my step-mother asking me to sign things over.
I m not actually sure what the relevant information would be for this so I guess I ll just list some that I think would be. I am my fathers only child. He never had any other children and my step-mother never had any children at all. We live in Louisiana. There s a few things going on so I I ll just start with the house. It isn t a nice house by any means. I do not live there. They were still paying on the house when he died but I think my step-mother may have paid it off with my fathers life insurance I m not sure about this. There is also something called a “succession” happening I somewhat know what this means. Now from what I understand I own half the house. It s in both my and my step-mothers names. My step-mother wants me to sign an “act of donation” to put the house in just her name. I m not sure I mind if she has the house my question is would the “act of donation” be the right way to go or would this screw me over in some way? I do happen to be on food stamps and I have two small children to take care of. I m doing the best I can and don t need unnecessary hassle just because someone decided to be greedy. If this will not hurt me in any way I m not against her owning the house. The other and more pressing concern I have is that my father died from complications sustained from a fall he had while inside a hospital. That s not what I need advice about that problem already has a lawyer and is in motion. My question is my step-mother says that my half of the settlement would be under her control. I ve done some reading and I THINK I do not know for sure anything but I think she would have to either prove me to be too irresponsible to make money decisions or I would have to sign over control to her? I m looking for some information on how that would work. I under no circumstances need her in control of my money. I don t have a lot but I m responsible enough that I have all my bills paid and food cooked and clothes on my children s backs. She does not help me out financially in any way. She is also very controlling and has already said she does not want me buying a house that isn t in her town which I do not live in. So basically she would want to force me to move to a new town and transfer my children to a new school just so she could see them more. Mind you she live only 15 min away and she doesn t drive so I literally facilitate ALL transportation to and from her house already anyway. I m happy to give any more information you need to answer any questions I had. I m sorry if my explanations confused anyone! Thank you guys in advance! I m lost over here :):)
2019-01-30 18:46:36
21
&gt My step-mother wants me to sign an “act of donation” to put the house in just her name ... I do happen to be on food stamps and I have two small children to take care of Not necessarily legal advice but from a r personalfinance perspective you ought to force a sale of the house. Your father left you half of the house and you d be better off using your inheritance to support your kids than your step-mother.
2019-01-30 19:08:30
52
Family Estate Disputes
103,592
My mom is having mental issues and is threatening to call the police. (NC)
My (16) mom has always had mental issues that she refuses to get treated for and it s been like that for about 12 years. She recently took my license plate for my car (car is under my name and I pay property tax she just pays for insurance) i have chosen to distance myself as much as I can from home and lock myself in my room for the past 2 days and she s not been happy about that and spends hours standing outside my door just degrading me. This morning she tried to pick the lock and she failed but said if I didn t open up later today when she gets off work that she ll call the cops. My question is do I have to open my bedroom door to the police? I know they can t come in my house if i choose to not let them in but if my mom lets them in the house then would they simply just have to ask my mom for permission to open the door be it with or without force? She has called the police before and they immediately sided with her but this time I plan on not withholding anything about her and telling them everything. Sorry for any possible rule violation.
2020-11-12 15:53:19
5
Your mother can give the police permission to go into the house and into your room. I am sorry she is having mental issues but she is still your legal guardian and has the right to require you to unlock your door.
2020-11-12 16:03:59
5
Miscellaneous Legal Query
139,297
Can I trademark a name that s in use in a non-competing location but has not been trademarked? Located in Iowa US
So I want to change the name of my martial arts academy. I have a name I want to use but there s already a few schools around the country that use that name. They are all several to many hours away from us so our areas are very unlikely to ever overlap. I don t intend to use this against them in any way. I just don t want to waste the money applying for a trademark if it s clear it will be turned down. ** this is a repost from a few days ago. The original didn t get any responses so I thought I d try one more time. Thank you for taking the time to read.
2016-08-08 18:32:38
22
Sure but if challenged you could lose it and waste your time.
2016-08-08 18:36:34
6
Trademark Infringement Resolution
43,841
Teeth broken in car accident - other driver deemed at fault - insurance company is refusing to pay for dental work!
Sorry for being a noob this is my first post ever. I m feeling rather helpless... On June 18th of this year I was in a car accident where the other driver was deemed to be 100% at fault. I m in BC Canada and the other driver is from Alberta and the issue I m having is with my insurance company. In the accident I broke 3 teeth and the right side of my jaw pops out of the joint all the time now. I went to the dentist as soon as I could get in (about a month after the accident) and got an estimate for how much it would cost which is about $1000. When I first asked my insurance company if they would cover it they said no and told me to submit it to the Alberta insurance company who returned by saying that my insurance should cover it. The Alberta insurance adjuster contacted my insurance adjuster and told her that its something they should cover. I then get an email from my insurance adjuster saying that she wasn t aware my injuries were this serious and will be transferring my claim to a benefits specialist . At this point it had been two months since the accident. Two weeks go by and I finally get a phone call from my benefits specialist asking if my injuries are getting any better to which I responded with do you even know what my injuries are? because dental damage doesn t heal itself. He responded with uh... lower back pain? So after holding in the screams that so badly wanted to assault this person I forwarded him my dental estimate and all the other paperwork I had because apparently he didn t get sent anything. He says he will get payment for my dental work approved and email me back ASAP. Another two weeks go by and I have heard nothing. He hasn t responded to any of my emails or messages at all. So feeling helpless I submitted a message to the general give us feedback section of their website. A couple days go by and I get an email back from my benefits specialist s manager giving me an insincere apology and saying he approved the dental estimate but ONLY if it is exactly that amount if it is any more then my dentist has to contact him and explain to him in detail as to why its going to cost more. At this point its been three months of course its going to cost more. I have been told by many people that I should contact a lawyer and discuss legal action against my own insurance company as they have left me with pain and suffering for three months for something I have paid them to cover in the first place. I m wondering if this would be a good decision? This is just the break down of a small portion of the battle I ve had with my insurance company there were a lot more issues but I m not sure if they would help my case here. I really just wanted my teeth fixed but after having broken teeth and a dislocated jaw for 3 months I feel like I at least deserve a real apology. My teeth earned my the nickname Barbie because once the braces came off my teeth were completely perfect and now I m embarrassed because of my front teeth being chipped.. TL DR other driver caused a car accident where I broke my teeth and hurt my jaw and now my insurance company won t pay for my dental work needed even though its coverage I have paid for! Help please?!
2013-10-01 22:51:32
22
Hi former Alberta auto injury insurance adjuster here you are entitled to no-fault accident benefits under your policy with ICBC to cover your dental damage. Since ICBC is being slow and useless as always you have the option of suing them in small claims court to get them to pay up. You could also get your dentist to call or email and discuss with the benefits manager to explain that the work will now cost more due to the delay in getting it approved. In light of the situation your dentist pay also be willing to grant somewhat flexible payment terms so you can get everything sorted out with your teeth while you wait for the financials to be completed.
2013-10-02 01:40:16
13
Dental Fraud Investigations
3,915
CA overtime question.
So I went today to get my final check from my employer. While there we were going over my hours and he told me that the extra two hours on my 10 hour shift is not considered overtime because it s my normal scheduled shift. My normal work shift is normally 10 hours for 3 days. Is this correct? I ve never heard this before?
2017-12-29 01:11:45
6
Your employer is right. https: www.dir.ca.gov dlse faq_overtime.htm &gt This maximum may also be affected by the number of days one works in a workweek. It is important to determine what maximum is legal in each case. The alternate method of scheduling and computing overtime under most Industrial Welfare Commission Wage Orders based on an alternative workweek schedule of four 10-hour days or three 12-hour days does not affect the regular rate of pay which in this case also would be computed on the basis of 40 hours per workweek.
2017-12-29 01:15:37
3
Miscellaneous Legal Query
73,910
[Tennessee] Is it legal for a customer to secretly record a conversation between two employees?
After helping a customer today they re-entered the store with a cell phone and played from what I could hear an unintelligible conversation between me and my coworker. It is still unclear what was said that offended them or what spurred them initially to record but they claim they will be returning to speak to our manager and present the recording. The customer was not involved in the conversation and neither me nor my coworker were aware we were being recorded (or where the customer even was when they were doing this the store is tiny so they had to be hiding behind something). I m not worried as nothing offensive was ever uttered and the recording is a garbled mess but out of curiosity is it legal for the customer to disclose this secretly obtained recording to my employer?
2016-09-17 03:52:31
8
Tennessee is a one party recording state. That means that one person who is part of the conversation must give permission. http: www.dmlp.org legal-guide tennessee-recording-law So already the customer has committed a crime. If the customer plays the recording to your boss your boss can fire you and you can sue the customer for losing your job.
2016-09-17 04:26:56
18
Privacy and Surveillance Rights
45,764
What state do I file lawsuit?
I m a consultant and need to file a contract dispute against a client. I live in 1 state the owner that hired me lives and works out of another state and the company is officially registered in a 3rd state. Where should I look to find an attorney?
2013-04-11 18:17:16
7
Does your contract have a forum selection clause? If so follow that and hire an attorney in that state. Is your client defendant the company that s registered in the third state? Assuming there is no forum selection clause you could sue in states 1 or 3. I d speak with a lawyer in my state before hiring an out of state attorney first to ensure proper jurisdiction.
2013-04-11 18:26:30
5
Legal Representation Challenges
1,137
[USA] A guy I sold some furniture to has not picked them up in over half a year and it s taking up room in my storage space. Am I able to charge him storage fees without a written agreement?
So I sold some furniture to a dealer who lives out of the country (Europe). He said he would arrange for someone to come pick them up. This was back in January. I ve asked him multiple times to come pick them up but I keep getting the same response of: we re trying to arrange for a shipper to come get them thanks for your patience... They ve been sitting in my storage space which I pay rent on monthly. Can I legally charge him for the storage time? The issue is I have nothing in writing about the time limit in which I would hold onto the items. Back in June I sent them the following email: If they are not picked up by June 30th we will start to impose a $350 mo storage fee and will not release the items until payment is received. Storage space is very expensive in (City) and we can no longer hold the items for free. Feel free to contact me if you have any questions. At this point I don t feel like releasing the items until some additional payment is received. Will I get in legal trouble if I choose this path?
2019-08-13 19:52:33
5
I agree with u 1uck that this guy is not going to pick up the furniture and *certainly* not if he has to pay extra (fees) to do so. Look into abandoned property laws in your state give him proper notice and then sell the furniture to someone else. Of course this is all assuming that money has already changed hands. If you haven t been paid yet then you don t owe this guy anything and you should have sold the furniture to someone else 6 months ago.
2019-08-13 23:47:23
5
Moving Company Delivery Delays
117,698
NYS My ex keeps taking me to court for orders or protection and calls CPS but this time she went to far.
I ve been divorced for a number of years and have found it safer to have as little contact with my ex-wife as possible. The reason I have basically no contact is because she keeps taking me to court asking for an order of protection and calls CPS. When I say she does this a lot I mean 13 times in the last three years. It s a pretty quick process at this point and they do not even give her a temporary stay away order. Usually they grant a refrain from and I appear a couple of times and it s done. Her last request for an order of protection though went to far. She accused me of gassing my daughter to facilitate me passing her around among my friends. She also accused me of mutilating animals and burying them in my backyard. Reading her hand written affidavit gives me the feeling that it is not someone who is mentally well that is writing these things. That or she is willing to say anything to cause me stress. This instance she took my daughter to the doctor without my knowledge to have her examined for signs of rape. CPS has already done their investigation and the whole thing was unfounded and she still refused to withdraw. On the eve of trial after I paid for preparation of legal papers her lawyer asked off her case and was able to get out of representing her. She asked for an extension to get another lawyer and then returned to court on the deadline only to withdraw. I d already spent all this money in my defense then she withdrew. This has been her MO for the last couple of years. It is now a year later from when she did this and now she s taking me back to court with another order of protection this one more ridiculous but at least less evil. She is seeking an order protection because I took my child to the dentist without telling her. The reason I think she might be mentally unwell is that I actually did not even take her to the dentist she did. I ve already asked for a change in custody and hinted in legal documents that there might be something mentally wrong with her. Regardless of the outcome of the family court action what other options do I have? My family attorney has never seen anything like this and doesn t think I have any recourse. No matter the outcome of the change of custody I believe she will not stop. Do I have any recourse at all or am I supposed to pay my lawyers all of my disposable income for the foreseeable future?
2021-05-17 18:36:14
171
I would have her declared as a vexatious litigant meaning she would have to get a judge to approve any legal proceedings against you. You d have to get this setup with a lawyer.
2021-05-17 19:57:46
168
Custody and Visitation Disputes
145,504
Friend is borderline psychotic is refusing treatment from parents school won t do anything. Most of us actually feel in danger near him
EDIT: in California First off I want to start this by apologizing if this is the wrong sub Reddit for this but I can t find anything. Secondly I m on mobile so please excuse the wall of words. Basically friend of mine skipped a year of school because he was in rehab came back here for his now senior year and is totally different. He s uncontrollable says the strangest things (ex. We should just kill all the retards) and just makes people feel uncomfortable. He got an IEP and for those who don t know on the IEP form there is a section which asks if the student has any emotional or behavioral issues which can impact his learning and the school administrators basically said no for both of those sections. One of the teachers asked why he was placed in her class if he acts like this and why it s not on his IEP and admin basically said it s not our job to take care of that . Again his parents aren t giving him any form of treatment for him because he truly believes he is normal and keeps resisting treatment. My friend group is pretty much the only friend group he has but we all don t like being near him anymore because he makes us uncomfortable. He is now suspended for vaping in the bathroom and we all know this is only gonna get worse from here. So my question is what the hell can we do for him? Who can we contact to get him the help he needs whether he want it or not because he NEEDS it before he does something insane and actually starts to hurt people. Again parents aren t helping and school isn t helping so what is there anything at all we can do anyone we can contact to help him? Thank you for reading and again sorry if this is the wrong sub. You guys are pretty much our only hope
2016-10-26 16:09:36
12
If the school isn t adequately managing him in the classroom your parents could talk to the school or the board. However a student being a tremendous asshole may not be enough to get the school board involved. Why are you staying friends with this clown?
2016-10-26 16:14:10
12
School Bullying and Administrative Neglect
47,775
Grandmother passed and the will seems REALLY weird. (USA Georgia)
A little back story (I apologize if this is long): Years ago my grandfather passed away. In the will he and my grandmother had together they stated that everything would be divided evenly between their children unless any of them should predecease the surviving grandparent in which case the inheritance would go to their children (unless they had none then spouse). Long story short my grandmother has never REALLY been 100% in her right mind and my grandfather kept her balanced. Well a few years pass and my father and other parts of my family began suspecting an uncle (lets call him uncle 1) and aunt were stealing money from my grandmother. (Asking for money to pay off houses go on extravagant vacations etc). And during this time my grandmother would act really strange she would call my father have him come over only for my uncle to be there and tell him to leave. When he could get time with her alone she would say things like I think your brother is going to put a pillow over my head and kill me . She was extremely scared he had tapped her phones etc. And as soon as he showed up her story would change. Also she would make comments about how he would force her to take pills and medication she didn t want to take and then make her sign documents when she didn t know what she was signing. Also uncle 1 would go with her to her doctors appointments and make her LEAVE the room so he could talk to the doctors alone (I m sure they would probably testify to this). Also my father (who is now deceased) helped my grandparents make a LOT of money through real-estate (he had his license for it) and also grew up working with my grandfather in his business for many years. To the will: Well my grandmother passed recently and the will is completely different now than what it was when my grandfather passed years ago. Basically its seems MOSTLY fairly standard with some exceptions. Here s how it breaks down. Aunt gets everything in the house and on the property including storage items (which include tools and such she would never be able or know how to use or even want). She has no kids so in her case if she passed everything would go to her husband. Uncle 1 is a secondary executor and the aunt is the third (in the event the sole executor cannot perform said duties). This leaves out uncle 2 from any executor ability responsibility. In the will uncle 1 (if he is deceased) has everything go to his WIFE even though he has kids. However with uncle 2 and my father spouses are left out and the inheritance would go directly to their children. The end of the will also states that anyone who tries to dispute this will will forfeit any and all inheritance. (Seems awfully strange to me). After that all remaining assets are to be divided evenly . After the will was probated the probate court also said that someone at the court was having to look into some discrepancies on the will (which they said could be as simple as a T not being crossed or something way more major) It just seems strange to me that the will seems to favor 2 of the children and not the other 2 in some ways. Her estate at one point was very large. The fear is that uncle 1 and aunt have stolen so much that whats left will be basically nothing. Also to prove she wasn t in her right mind at my fathers funeral she didn t even know who I was and kept having to be reminded her son died. (this was not too long before she passed). Is there anything that can be done? Or are we basically screwed? PLEASE HELP!!!
2015-04-29 16:06:05
55
Do you have a copy of the original will and the amended will? Who are the witnesses on the wills? What are the dates on the wills?
2015-04-29 16:13:43
26
Family Estate Disputes
16,512
(Texas) I have a protective order against my husband and he continues to harass defame and stalk me. Police refuse to act.
As of a few months ago I successfully divorced from my husband. Reasons aside he became malicious and began slandering me on Facebook and submitting false complaints about me to several local state and federal agencies claiming I am a felon and that I am not who I am. He has called dozens of my former employers co-workers and others in my professional network and has told them countless absurd lies that thankfully are so absurd they get pushed aside. After enduring months of post separation slander and harassment (including threatening my sons friends with violence and harm) and an incident where he hit me in at my daughters school I was successful in gaining a protective order against him prohibiting him from contacting me PERIOD. He is strictly prohibited from any contact - even through a third person - his visitation with our children is supervised although he has not exercised his privilege. He complied for two days but returned to emailing me texting me calling me and going as far as sending me vague messages implying he is watching me he has threatened my life the safety of my family and friends and has completely destroyed my professional reputation. I have countless reports with the local PD but they refuse to act. They claim it s a tireless process and that the decision to arrest him is up to the DA not them but the day never seems to come when they act on over a dozen violations of the protective order. I m financially strapped and making moves is very difficult right now. He has his friends spy on us and at one point even slashed our tires (no evidence but it s obvious). I m terrified for my daughters my son and my own safety. He s grown unstable and has returned to using hard drugs. He makes in-cohesive claims that are just plain out scary. I need any sort of guidance.
2016-09-18 18:13:04
92
File for violation of court orders with the court that issued the PO. Contact your local legal aid or victims advocacy for assistance
2016-09-18 18:17:31
117
Miscellaneous Legal Query
45,846
[Henderson NV] Hospital took patients phone and belongings to the detriment of their mental health. What do we do?
On mobile first time poster My best friend has many medical conditions including bipolar disorder and diabetes. We brought her to the er last night for what turned out to be diabetic kimoacidosis so she had to be admitted. I am her roommate and voice since shes very softspoken especially when in pain. I happily advocate for her to make sure her needs are met. The nurse at that time explained the treatment plan and we felt good about the steps. Once she was settled I left for the night. Later that night with no provocation other than her bipolar diagnosis they asked several leading questions about whether or not she ever thought about hurting herself but never asked if she felt like it now. She answered honestly that it was common as a result of her bipolar. They took her phone her clothes and everything else she had on her claiming she was a risk to herself. She asked for a phone to call me and they never provided one. I wouldn t have known except that I had promised to visit after work. She s now informed me she hasn t even been getting the treatment that was discussed and they haven t even given her her bipolar meds. Can they pull this shit? I can unde rstand taking her charger but denying her a phone? What kind of lawyer will I need to get them to knock this shit off?
2018-06-04 02:56:51
6
Is she on a hold of any kind?
2018-06-04 02:59:22
7
Miscellaneous Legal Query
84,678
Need some legal advice on child labor laws
I m currently a minor working at an amusement park. I was recently talking with some friends about how long my shifts are and how they consume a majority of my time. This got me thinking about how labor laws are in my state Virginia and whether or not my workplace can schedule me for the 12 hour shifts that they do quite often. I have noticed that they do sometimes split up my shifts though an example being working from 10:30 am - 4:00 pm and a shift from 4:00 pm - 10:30 pm on the same day.
2019-09-22 01:30:36
17
A lot of it will depend on exactly how old you are. There are different rules for different minor ages.
2019-09-22 03:33:39
4
Miscellaneous Legal Query
119,983
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