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(Nj) passenger in a car accident
So last week I was involved in a car accident (jeep cherokee). I was in the back seat and two people were sitting in front of me I was behind passenger. We had a green light and were turning left until a truck( ford 250) hit the back end door (where I was sitting) and smashed the door in and pushed us into the other lane. The driver of my car made sure we were okay then went to check on the other driver immediately. The person driving the truck as soon as he got out was already on his phone and completely ignored my friend and then my friend came back and called the police. The cop said that it could be our fault because when making a left we have to yeild but the truck was decently far away. So we think he was speeding and not paying attention while on the phone because he didn t even hit the brakes before he hit us. Cops came said insurance will pick who s st fault and we all went home. But he noted that we saw him on his phone before the accident and that he was pretty far away. The next day I woke up with a horrible headache and really bad back pain and have gone to the doctor and have an x ray scheduled for sometime soon. But being in this much pain is horrible I can t drive sit sleep a whole night or even work so now I m losing money. So therefore my question is do I have legal ground to sue? Should I get an attorney or just get treated by my health insurance? I m in my young 20 s and I don t want to have chronic back pain I m pretty athletic.
2016-04-01 22:57:53
5
You ll need to cover your own costs for the time being or ask your friend (The driver of the car you were in) to file a claim for you on their policy. Accident liability is often not clear cut 100%. You *could* file a lawsuit but you don t know the extent of your damages. I d also suggest that even if the other driver was speeding your friend (the driver of the car you were in) is expected to see oncoming cars when making a left turn and make a judgement if it s safe to make the turn. If the other driver was speeding not paying attention they definitely have some liability. But if the driver of your car was making a left turn on an unprotected (non-green-arrow) turn lane they re expected to yield to oncoming traffic.
2016-04-01 23:29:42
2
Insurance Denial Car Accidents
36,668
My dog broke his leg while at the kennel.
MISSOURI &amp #x200B I had to board my dog for 4 days due to a business trip. I dropped him off Wednesday and received a call on Friday that he was limping. The way the kennel is run he has no interaction with other dogs and is in his caged off area all day by himself asides from a 15 minute walk by staff and them coming in to feed him. I receive a call on Friday that my dog is limping and they aren t sure why. They take him to the vet he gets a physical exam but the doctor doesn t find anything. My dog gets prescribed pain pills. I pick him up on Saturday and he is placing zero pressure on his leg- I m told to see how he progresses. 5 days go by with no progress so I call the kennel manager and tell him I m taking him in for x-rays and they agree to foot the bill. My dog gets the x-rays and turns out he has a fractured tibia that requires specialized surgery to be fixed. The kennel manager says he ll meet with his boss and see how much they can help out with the surgery. &amp #x200B If the kennel refuses to cover the surgery what are my legal options? They have already claimed responsibility and accountability by paying for the first two vet visits. The fracture is certainly caused by some sort of trauma that occurred at the kennel and the doctor agrees. Doc said if it happened before the dog was dropped off at the kennel he would have already been limping. Right now I feel like there s three routes. 1. Tell the kennel they already claimed accountability with my dog by paying for the other vet visits so they re still responsible for covering the surgery. 2. If they refuse bring up the power of social media and how one bad review about how they neglected my dog resulting in a broken leg then refused to pay for it would ruin their business. 3. If neither of those work the last step would be legal action.
2019-01-24 15:33:49
23
The fact that the dog was injured at the kennel may not in and of itself establish the kennel s liability for that injury. There likely still needs to be some amount of negligence by the kennel in causing or allowing the injury to occur. In litigation you may need to establish that liability - which obviously could be quite difficult. It is likely that you should work something out with the kennel.
2019-01-24 15:44:59
15
Neighbor Dog Attacks and Injuries
103,081
[US] [IA] Neighbors dog has attacked my parents 2 times in 5 days.
I live in a smaller town about an hour from my parents house in Iowa and I don t get to see them as much as I d like. Last Friday my father calls me to tell me that the neighbors american bulldog pit bull mix dog had attacked my parents blind and deaf pug in the yard. While trying to separate the two dogs my father was bit on the hand. The neighbors dog had gotten out through the front door when the neighbors came home and bolted straight for my father and his dog. After my dad pulled the neighbors dog away he had to kick the dog back to the neighbors house while both neighbors and their kids stood in their yard and just watched it all happen didn t even apologize after it occurred. Our pug ended up having cuts along her throat and a puncture in her ear. My dad called the police and someone else in the neighborhood had already called animal control. P.D. and Animal control both take statements and pictures of the injury s and warned the neighbor then gave him a proper ass chewing from what my dad had described. &amp #x200B Four days later my father was out working in his garden in the front yard again. The pitbull mix was left on a leash in the front yard of the neighbors house. My father walked to the side of the house to throw away some mulch bags in the waste bin when the dog charged at him **again.** Come to find out that the dogs leash was way to long about 40 feet or so. When the dog charged the dog jumped in the air and bit my dad on the thigh right below the groin and bit him several more times on the legs and arms puncturing him many times. While my dad was being attacked by the pitbull mix the neighbors other dog a german shepard puppy also on a leash that was too long came running over and started attacking my father as well! My dad could only keep kicking the two dogs until they stopped attacking. Again police were called and animal control had to come out and take pictures and statements. Dad ended up having to get several stitches. The kicker this time is that the neighbors were no where in sight. The two adults were gone and the only people at the house were their 3 young children 7 8 and 12. When the animal control arrived they had to break into the house to confront the dogs and take pictures. The children could not get a hold of either the mother or the father. Finally the police at this point had to call the children s UNCLE to come and make a statement. Again neither of the neighbors apologized to my father about their dogs. &amp #x200B As of today the neighbors started building a make shift enclosure in their back yard for their two dogs to stay in. I want to clarify that I love dogs and I definitely don t like when dogs need to be put down but at what point should we take action. Two other neighbors in their neighborhood have threatened to kill the dog if it attacks again. &amp #x200B At what point can we take legal action against them. Is it worth our time to take this guy to civil court for injuries? Can we take these people to court of injuries from the dog(s).
2019-05-08 23:25:38
16
I would try and get a sit down with an attorney that specializes in dog bites. Bring any documentation you have of the two attacks and any bills from the doctor for the injuries and medication. Yes it s worth your time to pursue this. Next time it might not be a full grown adult but a child. If they can t keep control of their dogs maybe they shouldn t have them.
2019-05-09 00:53:29
18
Neighbor Dog Attacks and Injuries
111,195
Lien recorded for bogus HOA debt [Maryland]
My HOA and I have been going back and forth about an alleged late payment from 3 years ago (2014). They claim I did not make the payment on time and requested proof of payment. I have given it to them multiple times in the following formats: 1) Copy of bill payment confirmation page from online banking 2) Copy of bank statement showing date and amount of payment 3) Copy of front of cancelled check with date 4) Copy of back of cancelled check with their for deposit only stamp Nonetheless they filed a statement of lien with an additional $450.00 on top of the original amount. Any advice on the best way to fight this is appreciated.
2017-03-31 15:46:42
15
MD Code 14-203: &gt Filing of complaint by party against whom lien is to be imposed. &gt (1) A party to whom notice [of the statement of lien] is given under subsection (a) of this section may *within 30 days after the notice is served on the party* file a complaint in the circuit court for the county in which any part of the property is located to determine whether probable cause exists for the establishment of a lien. &gt (2) A complaint filed under this subsection shall include: &gt (i) The name of the complainant and the name of the party seeking to establish the lien &gt (ii) A copy of the notice served under subsection (a) of this section and &gt (iii) An affidavit containing a statement of facts that would preclude establishment of the lien for the damages alleged in the notice. &gt (3) A party filing a complaint under this subsection may request a hearing at which any party may appear to present evidence So you should file a complaint with the circuit court for your county including the above information and your evidence. Also request a hearing.
2017-03-31 16:36:14
15
HOA Legal Issues
57,108
Bought item from pawn shop. Police called me and told me it was stolen and they want it back. What am I obligated to do?
As above. Should I just hand it over and file a chargeback with the pawn shop? Ask them to give me my money back?
2022-03-08 13:34:48
2,344
Did you verify with the police department (by calling their main number not the number you were called from) that this was a legitimate call? Don t get scammed.
2022-03-08 13:58:06
3,493
Guitar Theft Recovery Options
155,026
[US FL] Random person sent me large amount of money on Zelle they are now requesting I refund them. Unsure if this is a scam and how to proceed.
I recently received a large amount of money through Zelle (for those that don t know it s an app like paypal venmo but through your bank) from a random person. I will try and keep details as vague as possible to protect my identity. I immediately called my bank and told them that I did not request this money and that I did not recognize the name of the person who made the transfer. They told me that they would begin the refund process but that this could take weeks to resolve itself. For now I would have to leave the money sitting in my account until the claim is settled or I could be hit with an overdraft once it processes. Immediately after I began receiving calls and texts from two numbers. One person claiming to be the person who made the transfer and the other the person who was supposed to receive it. They both gave me a similar story. The sender was the recipient s family member who was trying to send money. But because they were elderly and unfamiliar with the app they sent the money to me instead (my phone number is one digit off of the intended recipient s). Both asked me to send the money back to them explaining that they are in need of it quickly. I explained that I had already begun the refund process with my bank and that unfortunately it could take weeks to process. They have asked me to cancel the refund with my bank and just transfer them back the money. While both people have been nice and non-threatening through this situation there have been some things that set off some red flags. This seems similar to scams I ve heard about in the past. Where if I were to return the money they would then dispute the original transfer. Then not only would my account be reduced by the original amount sent to me but also by the amount I sent back to them. Some of the red flags so far: \- Their story seems like a typical “sob story” to make me feel sympathetic and send them back the money. \- Shouldn t there have been some kind of confirmation before they sent me the money? I know in the past when I ve used apps like this they always make me verify the last 4 digits of the phone number before I send money for the first time. Especially considering the amount involved. \- I told them that the claim was opened but they want me to cancel and send them the money directly. \- At one point they mentioned my name and address and said that they lived in the area and wanted to meet up. Thankfully the name and address they mentioned were not mine but a person who used to have my phone number. Still this freaked me out a bit that they were trying to look up my name and address. Am I being paranoid? If this is real then I obviously want to help them. But I think that going through the bank is the safest way for everyone involved. But this whole thing seems fishy to me and while it s not a life-changing amount of money I really can t afford to cover the loss if this does end up being a scam. To make it more frustrating because neither of them are customers with my bank my bank will not confirm any details with these people that the refund is actually taking place. So they could think that I might be trying to steal their money and scam them instead. Should I be prepared for them to file a police report?
2021-02-16 17:39:28
795
This is a common scam. You are 100% doing the correct thing. ** They could think that I might be trying to steal their money .** Let them think that. Not your problem. ** Should I be prepared for them to file a police report ** No the scammers won t do that. If they are not scammers let them file a police report. They will investigate and see that you are already working with the bank to fix this and that you have not touched the money. You will be 100% fine in this.
2021-02-16 19:25:22
1,372
Miscellaneous Legal Query
142,386
Hospital ER Charging me for checking in with receptionist even though I was never seen by literally anyone.
I got cut pretty bad in April of this year and my boyfriend convinced me to go to the ER because I might need stitches. I went checked in with the receptionist. I didnt have my insurance information at the time so I just gave her my name and date of birth. Walked away from the desk and decided I would just wait and go to urgent care in the morning if I really felt the need to so I left. Was never seen never even gave my insurance just name and DOB. I got a bill for $100 a few months later. I call and ask why because there was literally no service to be charged for and they re telling me since I checked in with the receptionist I registered with the ER and that s what the charge is for. Is this legal? Is there a way I can dispute it get them to remove the charge?
2019-10-18 17:34:06
62
Just call them and tell them you were not seen in accordance with EMTALA and you don t think you should have a bill. If they don t back down file an EMTALA violation with CMS and you ll get your pound of flesh for sure. CMS has just increased enforcement and surveys for EMTALA complaints. Contact the ombudsman for the hospital not just a lackey in the billing office and absolutely follow through.
2019-10-18 17:49:44
92
Medical Billing Disputes and Fraud
121,465
Is this considered as theft?
My mother had two mopeds that were sitting in our garage and that she needed sold. One of our good family friends (GFF for short) said that he knew a buddy that he could sell them both to for her. Long story short his buddy came by picked them up and from what we know GFF has gotten paid by buddy. But my mother has yet to recieve any sort of payment. He has facebook messages saying that he does admit that he needs to pay and after asking my mother we still have the registration for both of the mopeds. I guess what I am asking is would I need to go to the police and report this as theft or what would I do if not this? (IN)
2015-11-26 09:51:48
7
Not theft. She gave them permission to take them and sell them. It is a civil matter and your mother will have to sue GFF
2015-11-26 11:15:15
15
Miscellaneous Legal Query
28,732
Got W2 from a company I worked for briefly. Reports more income than I was paid [PA]
I briefly worked a pure commissioned based (D2D) sales job. Hours were terrible and when I did the math. At worst I grossed ~$2.00 hr in a pay period and at best slightly less than minimum. Needless to say I quit fairly quickly. The week after I picked up my last paycheck and was out. Now I get my W2 and the extra amount its reporting is equivalent to a few commissions. Which I m guessing I earned and was never paid. Go figure. What I have: * A log of all hours worked (hey-oh). * A log of all miles driven and tolls paid (unreimbursed). I can back all of this with my gps timelines &amp history. * All paystubs &amp paychecks I received. (I ve kept them all for the better part of a decade). This company doesn t seem to have its act together. My manager owned the LLC I was employed and paid under but it exists inside of an office for a larger company owned by my bosses boss. His business card lists him as working at the big bosses company shares the same website email HR people etc. My guess is they try to hide behind LLC shields. The paystubs report I worked during pay periods before I started. Just noticed this now. Oh and the office (~40% of my working hours) was in NJ yet it says I only worked in and paid taxes in PA not NJ?? I m trying to figure out the best course of action financially (&amp legally of course). My questions are: * Do I file a complaint in NJ or in PA? * Could they be required to make up to minimum or do you think I m likely exempt? * Is there more to gain than just the commission? Any penalties for hiding pay etc. I should be aware of in NJ or PA? TL DR: W2 over reports my income and taxes paid. My guess is they just never paid me wages owed. What would you do?
2018-01-24 02:32:26
6
Ask them for a corrected W2C. Wait a reasonable amount of time. If they won t respond contact the IRS file your return with Form 4852 (substitute W2) based on your calculations.
2018-01-24 02:44:39
7
Miscellaneous Legal Query
75,697
Housing development company cutting down private property trees [California]
Update for anyone interested: My parents met with the company last night and they will no longer be going into our yard! We gathered all the information on the property lines and easements and turns out the only allowance didn t reach the tree line and only just reaches the property fence. They will be tearing down the fence for vehicle access but agreed to replace it and will otherwise stay off the property and will not damage any plants. It seemed as though they were trying to see what they could get away with but as soon as my parents and the neighbors challenged them they went with a less invasive plan. Thank you all again for your helpful advice we would not have known what to look for without it! &amp #x200B Original post: My parents own a used-to-be rural property in Riverside County in California. A private housing development company is currently building a tracked home neighborhood across the street from them in a formerly empty field. &amp #x200B The road along the property used to be a dirt road and is now going to widened and paved to make access to the new neighborhood. The company has issued a letter to my parents stating they are going to be clear cutting anything inside the first few feet of my parent s property line. Within this area are several 40+ year old healthy trees as well as some large bushes etc. Some of these are simply massive and while the company has stated they will try to help with landscaping I would like to help my parents navigate what exactly that would entail. If this helps they are digging a trench for drainage and when they started the construction plans they had a completely empty field and could have widened the road drainage into their property direction. They chose instead to put the new houses as close to the street as possible and are attempting to widen into my parents side now. No houses are built yet only the pads have been shaped out construction is in early stage. &amp #x200B Ideally we would like to know if there is any way to save the trees. The company has claimed they have city right of way which I understand to be 3-10 feet within the property line (can t find any laws online from the specific city so please correct me if you know) but are they legally allowed to cut down our trees? So far they have not produced any actual city documents permits just the company letter warning about the cut down next week. &amp #x200B If they do end up proceeding with construction would my parents be entitled to monetary compensation for the loss of trees? To have a tree that size be replaced would cost thousands and if there s any legal way to make the company pay for this I d like to know how where to start. Thanks in advance for any help.
2019-07-09 19:28:28
33
I would check your title to see if there are any easments. Then maybe pay to have a consultation with a lawyer familiar with property law. I would make sure to send a certified letter back saying you do not approve without additional documentation. I would also email or go down to your county s department that handles Building and Construction Permits to inquire on the project.
2019-07-09 20:47:05
34
Miscellaneous Legal Query
115,359
Was employed for three weeks before being wrongly fired boss says he doesn t have a W2 for me because I was on a temporary trial period not a permanent position -- however I earned money and need to file eventually. Is there a law I can use as a basis to demand my W2 again?
And what should my course of action be if he tells me to fuck off. I never signed anything at the start of employment. If it s the case I was never employed what should I do please and thank you. Edit: California
2017-10-30 20:18:50
22
Did you get paid? How did you get paid? As far as I am aware the employer needs to submit a W2 even if the employee worked 2 hours on his first day and then quit. Sounds like your boss is illegally skirting the IRS.
2017-10-30 20:20:39
18
Miscellaneous Legal Query
69,724
Ex boyfriend (37m) is harassing me (20f) online.
Edit: I m in Maryland Hi to make this short and to the point my ex and I broke up in mid August following him beating the crap out of me. Two police reports were filed but he was not charged because I didn t have sufficient proof that all my bruising came from him. I also had to go to the hospital afterwards and still have the hospital discharge records documenting the bruising. He created a fake reddit account today to write on my post that I should kill myself harassed me on a separate comment totally unrelated to my posts and sent me a very nasty reply when I messaged him and asked him to not contact me further. I never filed a peace protection restraining order because I moved to another state but I d like to file one now. Is the online harassment paired with the police reports and hospital records sufficient enough to obtain one of these? Will the fact that we re in separate states now make anything more difficult? I don t know any personal info about him anymore really. Thank you.
2019-01-07 02:58:33
23
Try to document everything (screenshots) Hopefully if he catches wind of this it might be a deterrent
2019-01-07 08:40:07
13
Stalking and Harassment Legal Issues
101,570
Im an adult and my father put a GPS tracker on my car that he refuses to remove
I live in Philly my father lives in New York and the car has New York plates. I am 20 years old and the car was originally Co-signed with my mother but I have since paid off the car. I am the only person on the title. I pay for the car insurance on my own and all other car fees maintenance. My father put a gps on the car when I got it when I was 18 and living in his home and I have since moved out and he refuses to tell me where the GPS is hidden and I am not able to find it. He will text me and comment on where I am or where I was like How was the movie you saw? Staying late at work today? and it scares me because he is an abusive person. I feel trapped and this causes a lot of an anxiety for me. Edit: Thanks everyone for your help! Ill make an update when anything changes.
2019-03-29 18:51:14
14,462
Any mechanic shop worth their salt should be able to track it down easily since it s hardwired to the battery. Also you should change your plates and registration.
2019-03-29 18:57:00
10,099
Miscellaneous Legal Query
108,215
Is it legal for my employer to donate tips to charity?
How should I persuade my bosses to give me the tip money that I think I m owed? A little background: I work at a local coffee shop. Like most places we have an unmarked jar for “tips.” And as I work people will often put money into that jar thinking that they re tipping me. But I never see a dime. Instead the owners give that money to “charity.” The employees don t really get a voice in the process of selecting the charity. Rather the owners handle and distribute the money at their own discretion. Here s why I want to ask them to change this practice: First and perhaps most importantly I don t think it is legal to do what they are doing. Am I right about this? I ve done some research but I d love to hear some other opinions. Second I have spoken with one of the owners once before about the tips. He said the reason that they give it all to charity is because they don t want customers to feel pressured to tip in order to receive a good beverage. And while I have a great deal of respect for this guy I think that s a load of bs. The vast majority of our customers don t know that we give our tips to charity. And while I m sure we have a number of regulars who have heard about it the business is growing - and none of the new customers have a clue. Like I said most everyone **believes** that they re tipping me - and therefore may feel pressured to do so. Meanwhile neither owner has taken any substantial steps to communicate what we do with the money. Third from my perspective it feels like the owners have an ulterior motive for all this. I mean.. They potentially receive good PR for giving the money away (when given to charities or specific people it s usually cast as the business giving the money and not the employees) they potentially don t have to report any of that money and could use it however they please [ *unlikely but not out of the question* ] they could be using the money to grow the business [for example I know they re actively “donating” money to an attraction that could pull in more customers] they may want to avoid any headaches conflicts over distributing the tips to the employees. Finally I d like to ask for the money bc I m broke and I think I earn it and I m a damn good barista. With all that being said here s why I m hesitant to bring it up again. 1) I m new here and I don t have a lot of political capital with the owners. In other words they may shut-down forcing me to escalate the issue. I don t want that. 2) I brought it up off-handedly with one of my co-workers. She brushed it off saying that “it s just the way we ve always done it.” So I probably won t have much support from the other workers on this one. 3) I feel like an ass asking for money that could go to people in need. 4) The business has only recently found its feet. After being the victim of some rather predatory loans they were finally able to refinance. So I feel bad asking them to jeopardize this growth for my sake. 5) The owners have had two jobs in the past to make things work. And they both parent a kiddo in addition to running the shop. I see how hard they work to make their dream a reality. I really really want them to succeed and have a stable business. And if this is how they make ends meet maybe I m okay with losing income for their sake? I m conflicted. **TLDR** : Is it legal for an employer to donate tips to charity? If not any advice on how I should go about addressing this?
2020-01-11 22:15:46
7
&gt I feel like an ass asking for money that could go to people in need. Your boss can donate out of their own pocket if they re feeling so charitable its pretty skeezy (and illegal) of them to be donating **your money** to charity. &gt 1) I m new here and I don t have a lot of political capital with the owners. In other words they may shut-down forcing me to escalate the issue. I don t want that. 2) I brought it up off-handedly with one of my co-workers. She brushed it off saying that “it s just the way we ve always done it.” So I probably won t have much support from the other workers on this one. 3) I feel like an ass asking for money that could go to people in need. 4) The business has only recently found its feet. After being the victim of some rather predatory loans they were finally able to refinance. So I feel bad asking them to jeopardize this growth for my sake. 5) The owners have had two jobs in the past to make things work. And they both parent a kiddo in addition to running the shop. I see how hard they work to make their dream a reality. I really really want them to succeed and have a stable business. And if this is how they make ends meet maybe I m okay with losing income for their sake? I m conflicted. This is your money they are stealing.
2020-01-11 22:33:17
14
Unfair Tip Practices in Restaurants
125,827
My Brother is committing caregiver fraud
(California) In February my grandfather returned home from a nursing facility after recovering from a stroke. He s 83 mostly alert but he doesn t do much talking. He needs full support because he is a paraplegic and has many chronic conditions such as severe pressure wounds and a feeding tube. For the past two months I ve been caring for him and while I am aware that caregivers can receive in-home support funds I m being intimidated not to apply and honestly I do not want to make money off a dying relative. But other people don t have such scruples. You see my younger brother is the official caretaker for my gramps and currently receives thousands in IHS funds every month. But he does absolutely nothing while I have done everything I can to ensure that my grandfather is living his days comfortably and with dignity. I try to ignore my brother but I can t anymore. Sometimes while I m performing care taking duties he ll bring out wads of cash or something he bought and taunt me saying how I must love changing diapers. While I am fine taking care of my grandfather what I am not fine with is my younger brother enriching himself off my dying grandfather. I just don t know what to do. My brother strikes me if I so much as make a sound or if I m outside my room when I m not performing my functions. If I go to the bathroom he waits outside flexing or punching his fists. My brother is twice my size. And he says all I need to do is say the wrong thing and I m dead. I ve though about buying a gun because I m in such a desperate situation but I think I finally found a to put this sociopath behind bars. I can t leave home because I care about my grandfather. I see nurses every day and spend several hours helping them perform functions that my brother is being paid to do. Is this proof that my brother is committing fraud? They have never seen my brother once and they are at my house everyday and have detailed reports of their visits. If I report my brother what kind of consequences can I expect? APS has been called on my brother before by I m not sure who but he ended up receiving more IHS money for some reason because he somehow implicated a past nurse. I need to know my options. Will there be a chance of retaliation?
2017-04-22 04:16:13
7
You can use resources findable online to report your brother to the relevant entity. If IHS is Indian Health Services you can file a complaint online here: https: www.ihs.gov ReportFraud the same link contains the phone number for their hotline. You don t have to have proof your brother is doing anything at all to lodge a complaint. **Edit**: If IHS*S* is In Home Supportive Services (thank you g_f_g) you can follow this link for information on how to leave an anonymous tip: http: www.dhcs.ca.gov individuals Pages StopIHSSFraud.aspx. If you are fearful that your brother will physically harm you you can call the police. Edited for a new link
2017-04-22 05:09:24
13
Elderly Family Care Issues
58,243
A question about the age of majority.
My girlfriend lives in Alabama when she turns 18 she will not be considered an adult in Alabama but if she were to go to Georgia (or any other sane state) where it is 18 would she be considered an adult?
2015-09-15 00:02:46
18
If you re talking about traditional age of majority i.e. when a person becomes a legal adult children are bound by their state of origin. They can t simply cross state lines and become a legal adult. If you re talking about the age of consent what matters is the law in the state you are currently located. Though it s also worth noting that it s a federal crime to transport a minor across state lines for the purpose of having sex.
2015-09-15 00:17:44
22
Miscellaneous Legal Query
24,071
Legal advice for... A dog
I personally don t know why I made a throwaway account but I would like some legal advice for a dog lol. My mother and step-father are in the process of getting a divorce and get custody of their three children. My mother threw me out of the house due to her not wanting me and I am currently living with my biological father. Anyways my step-father got me a dog in 2013 and I ve cared for him since then. Once my mother threw me out I couldn t visit him until I testified in court. Once I saw him again I asked my step-father if I could take him with me back to my father s house he didn t seem to have an issue with it but I had to ask my father s wife (step-mother) and she agreed. I ve cared for the dog since then but my mother called and didn t know I had the dog and demanded him back but isn t the dog technically my step-father s if he got it for me? Despite how ridiculous this sounds I would appreciate some advice lol.
2022-01-18 16:08:41
400
The dog belongs to whomever legally purchased it. If that was your step father have him put it in writing (even just a text message) that he is fine with you keeping the dog. This sounds like mostly an issue for the two of them to work out between themselves.
2022-01-18 17:28:40
275
Legal Battles Over Stolen Dogs
153,487
Bought an old drum with an interesting engraving wondering whether I can keep it
I m a drummer and enjoy restoring and collecting vintage drums and today I bought several drum items from someone through FB Marketplace in Missouri US. One of the drums is from the 1910s or 1920s and it s super beat up with major condition issues so I didn t bother looking it over too much before making the purchase. Once I got home I noticed that someone etched into the side of the drum “Stolen from Drum Section of (local) High School.” There is a lot of patina on the outside of the drum and the etching is patina d with the shell so I m assuming it was stolen and etched a long time ago potentially as long as 100yrs ago. So I m wondering am I okay to keep the drum or is it still illegal for me to own it? Is there someone I should contact about it without possibly getting in trouble for purchasing it? The drum would have been replaced by the school district likely as early as the 1960s and even if it were in playable condition I would think it would be essentially worthless to them at this point. Any advice would be appreciated! Edit: added location
2021-02-26 00:27:07
21
The statute of limitations would most likely apply.
2021-02-26 03:06:33
16
Gun Ownership Concerns
142,709
Is it legal for an OBGYN to lecture about religion to her patients? [Kansas]
Recently my girlfriend was home in Kansas and she scheduled an appointment with her mom s OBGYN to change her birth control. When she visited the OBGYN the OBGYN asked if she was married and when my girlfriend said that she wasn t the OBGYN gave her a decently long lecture about not having sex before marriage because it is sinful etc. This OBGYN is of course welcome to have her own religious views but is it legal for her to bring those up with her patient in her official capacity as a doctor?
2020-09-19 20:30:18
158
Yes. That s legal. Obviously your girlfriend might choose a different provider.
2020-09-19 20:32:23
238
Medical Billing Disputes and Fraud
137,162
My father has used my name for his benefit to avoid taxes for the past 9 years. Both my parents have no remorse nor sharing with my other siblings. (Family of 7) what are my options?
There is much very much in how I was taken advantage of. Multiple LLC opened in my name taxes NEVER FILED him and the lady I signed everything too are off scotch free. My fathers debt $1.5 mil myself operating my name for him $520k I am on the hook for. Who on earth do I consulted with? Already I ve submitted to the Attorney General of my state FBI branch IRS branch and the TEC (I was pissed hearing that).
2022-03-17 05:25:24
5
Have you retained an attorney yet? It sounds like you ve taken a few very good steps already. Very typically consultations are free and even if the person you speak to can t help you ask them who in the area they d go to if they were in your situation. They ll point you in the right direction. If I were in your situation I d start by calling a tax attorney. While I imagine this sort of scenario is far above the scope of what the average tax attorney would handle they would know exactly who to send you to. I can t give you advice beyond that but I would definitely want an update. Also be aware that these things do take time. Like a LOT of time. Hopefully you can find a law office that works pro bono or who only get paid if you win.
2022-03-17 08:31:00
2
Miscellaneous Legal Query
155,286
Bought a car with illegal modifications
About 3-4 months ago went out looking for a used car. Found a nice little used car dealership and a car that personally I really liked took it to get checked at a mechanic. The mechanic said all good looks fine I was happy went head and set up a payment plan with the dealership. Now a couple months in my check engine light came on out of nowhere thinking it was something minor. Took it to an official mechanic for the car an Audi 2009 TT he took one day to look at it and told me the car is not even street legal. The catalytic converter has been removed and replaced with a straight pipe the computer modified to say that it was there and 4 of the tires are bent or something costing 4 thousand for each along with a slew of other problems. Worst part is I live in Texas so we have emission laws and the dealership had their own cert so they passed it as legal when it wasn t. I wanted to sue or something just get my money back but the dealership won t take it back saying I bought as is. But the mechanic told me it s illegal to even sell a car like that and I m being told as it s a 2009 car lemonslaw doesn t apply it s too old apparently. Is there anything I can do. Tldr: Bought illegal car no catalyic converter in the state of Texas out a couple of grand now finding out.
2021-07-28 14:00:11
5
First have you contacted the dealer? Second selling a car without catalytic convertors IS illegal and it comes with up to a $25k fine. https: www.tceq.texas.gov airquality mobilesource vetech tampering.html#tamp3 Third more of an FYI it s entirely possible the previous owner removed the catalytic convertors and uploaded a new computer tune to remove the related error codes. This can technically pass emissions if the inspector doesn t look for doesn t notice ignores the missing catalytic convertors. Many car geeks do this on purpose...
2021-07-28 14:46:23
13
Car dealership title issue
148,216
I called a 24hr crisis hotline and was sent to voicemail. they texted me 11 hours later and ended up insulting me.
[EDIT: I left a google review with the screenshot and he texted me again telling me to kill myself. there HAS to be some sort of legal action now right??? oregon washington] i m not sure if this is the right forum but i m unsure of what to do. I googled 24 hour crisis hotline and called the first one that came up. They responded 12 hours later over text. I responded with “look man i ve gotta be honest. while i m sure you have the best intentions advertising yourself as a 24 hour crisis line when that s clearly not the case is frustrating at best life-threatening at worst. you should ABSOLUTELY change the way that you advertise yourself” in response he told me to get a job called me miserable and informed me that he was blocking me. What can I do? Unless i m mistaken it appears to be a registered 501(c)3. I want to make sure no one else has to go through this. Also not sure how important this is but the business operates out of Washington and I am in Oregon. edit: added location at the beginning of post update: i am okay now and getting the help i needed. thank you for your concern! i ll update again if anything new happens edit some clarifications: the site didn t appear to be an ad. it was listed the way any business would be if you were to google a specific business and I m always pretty careful to avoid clicking on ads on google. I m still unsure of why it was the first result. Upon looking at the website it appears to be run and managed by one man who I believe is running it only through his personal phone number. The site is unprofessional (genuinely ends in .site). I m still baffled but continuing to report the site and the person running it to all relevant authorities.
2020-09-23 17:14:59
1,306
Not legal advice but a lot of crisis hotline type stuff are legal scams. They look for people with health insurance get a commission to refer you to a rehab center that charges your insurance $1 000 a day while putting you in a horrible situation often multiple people per room and little or no mental health support. If you need help call the national suicide prevention hotline 1-800-273-8255
2020-09-23 23:55:51
1,037
Miscellaneous Legal Query
137,326
[NC] Can you get an underage drinking ticket if you do not have any form of ID with you?
This is a hypothetical question that some of my friends were discussing prior to our first football game tailgate this year. We go to a big public university where a large number of the student body will tailgate before each football home game. Over the past two years I along with all of my friends have been drinking underage at these events as well as thousands of other presumably underage and of-age people. There is always a large uniformed police presence walking around the student tailgate lot but the unspoken agreement has always seemed to be that they are more there for crowd control and if you aren t causing problems they won t give you any problems. This year there have been rumors that ALE (Alcohol Law Enforcement) will be walking around in plain clothes randomly ID -ing people who look underage who are drinking. My question is what if I just don t bring any form of ID to this event? Tailgates are not closed to students under 21 and people bring their own alcohol so really I have no need to have any sort of identification on me. What would happen if a plain clothes officer asks for my ID and I just don t have one? I d just like to add that yes I know that any and all underage drinking is illegal in the United States and that I am taking a risk if I chose to break this law. This question really only pertains to if I am asked for identification and I genuinely don t have any with me what would a police officer legally be allowed to do?
2016-09-01 12:23:44
85
If he has reasonable suspicion to think that you are underage based off your appearance or mannerisms then they can come up to you and begin a criminal investigation. Part of that investigation will be requiring you to identify yourself. You don t have to provide the physical ID card but you do have to give your name and any other information that may be needed to uniquely identify you. They then run your name on their database which will come up with your DL photo. If you re of legal age you walk away from the encounter. If you lied about your name or birthdate you go to jail. If you tell the truth all you likely get is a ticket or summons.
2016-09-01 12:28:50
112
Fake ID Troubles
45,002
I was supposed to call for instruction on Jury service last night but couldn t get instructions
I live in California and a got a jury summon for today according to the letter I was supposed to call last night to confirm the time to appear AFTER 5 PM the problem is when I did it just gave me a beeping sound I tried calling many times and it didn t work I called the next day (today) and not only did it work it said that I was supposed to appear hours ago what should I do?
2021-03-09 20:21:57
6
Call the court and speak with someone to let them know what happened.
2021-03-09 20:24:15
5
Managing Multiple Jury Summons
143,087
[Virginia] Homeowner trying to not pay me for my services.
I m [25 M] a handyman who does small jobs around my city to make extra money to pay down some debt and try to save for the future. Two weeks ago I was contacted by a realtor speaking for a homeowner who lived the next town over who wanted small things done to his property so that it could be sold (install the sink connect the stove sheetrock a wall paint the porch etc). I wrote up an estimate listing in detail what work would be done sent it to the property owner and he signed it as well as giving me a business check for 100% of possible materials needed (joint compound paint etc) and 33% of the estimated labor. Same as I always require. Yesterday the ow er finally came to the property to look it over and give me the final check. He seemed unhappy about the job because certain things I never said I d do and he never asked for were done but I let him know that I did exactly what was listed on the estimate that he signed off on. It should also be noted that he wasn t the one to walk me through the first time to show me what needed doing but the realtor. He gave me the check and I told him I d come back this week to fix a small problem I hadn t noticed before because there s no lighting in the house and it was evenings when I worked on it. (several screws had come through the other side of the wood so I d cut and putty the holes) Just an hour ago he texted me and said he was dissatisfied with the whole project he had put a stop on the final check that I ve already deposited and he demanded the half of the initial deposit check as well. So I have two questions. 1) Will I get in trouble with the bank for depositing a check that was then stopped? 2) Do I have a basis for suing him in small claims court for the final check? Total Job Amount ~$1600 including materials
2019-02-11 14:31:45
13
You can and should sue in small claims court. Provided the work described in the estimate matches the work that you completed you ll likely win. If you win the court will likely put a lien on the property which (I believe) would mean they would have to pay you before they could sell or do other work on the property. Given that it s $1600 it may be worth it to try to get a short consultation with a local attorney (who practices real estate law).
2019-02-11 14:46:51
24
Contractors' Legal Woes
104,573
My job is robbing me.
My job isn t paying me money that I ve worked for and they constantly tell me they ll give me hours but never do. When I first started I was working 5 days a week 5 hours a day at $10 hr. That s $250 a week $500 biweekly before taxes. My first check was $200 for 25 hours which is understandable because it was only for my first week but then I continued to work 25 hours a week and still got paid less than $350. I don t know why I only get paid for one week but when I try to ask a manager about it my question is almost always avoided or I m told “we ll fix it later”. If I tell my boss we need to talk about it she ll say that we will when I come in but she leaves right before I come in. This has happened at least three times. I called corporate and tried to get in touch with payroll management but nobody answered and they never called back. I m a teenager &amp it s already tough to get a job.
2017-11-01 01:40:47
6
You don t mention what state you are in but if you are not getting paid for the hours you worked you should file a wage complaint with your state s governing agency (or a federal wage complaint if your state defers to the DOL).
2017-11-01 01:51:10
10
Miscellaneous Legal Query
69,836
[Florida] Nearly every morning I am woken up to the sounds of my neighbor violently beating his dog. I have tried everything. What else can I do? (original x-post r dogs)
I ll try to make this as short but as detailed as possible. I made my first call to Animal Control in November 2013. The attacks occur mainly on Sunday nights at around 1am and again at around 5 am. I currently live in a very small apartment complex (think 300 sq ft and ~30 apartments ) and my entire back wall is shared with the neighbor s. The sounds of yelping being punched body slams against the wall choking head banging against the wall being held under water unconsciousness are all transferred to my room. It is going on in bursts for 15-20 minutes at a time. Things I ve done: I ve called Animal Control several times (November 2013-January 2014) before I took a break and started calling the Police Department solely. Not only were the attacks becoming more frequent but they were becoming more violent. He refuses to open his door to any officer and for some time they were parked out in front for detail but had to leave shortly after if no activity was present. Animal Control suggests I sign an Affidavit but unless I have video evidence I don t think I have any influence. Signing the Affidavit does not get them in the door- it only gets the Officer to sit in front of the door and wait for him to come out (potentially). Landlord has begun to put up 7-day notices saying that he has to remove the dog with a followup inspection to find that he has temporarily removed the dog and they re done. I have a photo that shows the the breed is in violation of the lease. I have audio recordings from inside my own home where you can hear the abuse. I ve let them listen to the recording hoping that this will become resolved. Just called (again) today and the neighbor is getting a noise complaint filed from the complex but that we have our hands tied here and state that they cannot legally do anything without seeing the act animal in person. I ve attempted to contact a Lawyer about my rights (specifically on how to deal with landlord tenant issues) but no one has called back yet- I continue to leave messages. I ve contacted the Animal Control Officer who was assigned to the case but haven t been called back yet. I feel as if I have a duty to protect the animal but I still don t feel resolved in going full-throttle with engaging myself legally in this (as in I don t want to testify should the State press charges). I don t think my evidence would hold up in court more than just bumps and yelps of a trapped dog. I feel victimized and a part of his process every time this happens. I am in a PhD program and haven t been able to work fully in over a month (abuse-onset depression?). I also feel I m dramaticizing the whole thing due to the response I ve had- that I can t just brush this off and carry on normally only to come home and be subject to more of the same. I m afraid one day I ll wake up and the dog is dead. I ve attempted to go through the school s legal counseling but they can t approach the topic as he is a student as well. I can t even talk with them about the landlord issue if it means an eviction of the third-party. I ve looked up animal welfare groups but they don t deal with these types of issues. I honestly don t know what else I could do? Does anyone have advice or something I haven t thought of yet or some legal route I m missing? I can t deal with this until August- when the lease has ended- and I don t think the dog will either. As you can see I m becoming way too involved in this and I just want the whole situation to be over. But until I can get a full night s rest *and the animal is safely out of the neighbor s home* I feel like I can t let this go.
2014-02-12 21:23:21
31
You are a student and he is a student at the same university? Well then OP you are golden. In legal terms that means you have a slam dunk option here. Email the President of your university and add some VP s onto that email for good measure. Title your email: Urgent Student Safety Concern. Explain in your email that you are concerned that this student is a clear and present danger to others that he is potentially violent and that your concerns are based on the fact that he regularly tortures an animal in his own apartment. Offer to provide them with your tapes confirming this. Universities do NOT fool around with these types of complaints any more most especially if they are in writing. They will do something. I m not sure exactly what but it will be at the top of their list of priorities and probably a much greater effort and impact than you can imagine. FYI for the future beware of the deadly triad. I m assuming your PhD is not in psychology or you would already know this. Red flag early behavior to predict future serial killers are bedwetting setting fires and torturing or killing animals. Of all three torturing or killing animals is the very worst. See a red flag like that and seek cover. These are very dangerous people. Send that email out asap. You might be saving student s lives.
2014-02-13 03:39:20
41
Miscellaneous Legal Query
5,569
[Iowa] Sold drugs to an undercover agent Now they want me to become an informant. Need Advice!
Around a month and a half ago someone I know asked me to help get their friend some heroin. I was reluctant at first he asked me multiple times I trusted him and I told him it was alright for his friend to call me and that I would hook him up. His friend Jon picked me up in his car and drove me to meet my dealer 5 different times. He knew I didn t have the dope and that I was the middle man . He gave me $20 extra each time for helping him out and gave me $200 for which I would get him less than a gram of heroin each time. After the 5th time I got dope for him I was pulled over by undercover agents and brought into the police station. Jon informed me that he was working with the Drug Task Force Team. He told me that this would be my only chance to help him and if I refused I would be charged with 5 Class C Felonies and be taken either to the jail or a federal holding cell. I was very nervous and upset at time and I agreed to help. Me and Jon went to buy another bag of dope from my dealer. My dealer s friend helper (Someone that helps him sell whenever he s busy) came out to Jon s car I introduced Jon to him they swapped numbers and Jon bought a $100 bag of dope from him. After this they released me and told me they would contact me next week so that I could help them with other dealers. After that I saw the cop 1 time when he showed me a picture of my a person and asked if he was one of my dealers which he was. He made it sound like he would be calling me frequently so I can help him bring down my dealers and he hasn t called me to help him in more than a month now. He told me that everything I helped him with would help my case and it might even be possible to get my charges dropped with enough cooperation. If anyone could help me I would greatly appreciate it. I am freaking out I have thrown my whole life because of my heroin addiction just so I could get a little bit of free dope. I just need advice in general of what to do. I have talked to a few different lawyers and they haven t been of much help. I have been told different things by different lawyers such as: The cops will get everything out of me that they can and then they will still charge me normally like they were planning. The cops can lie to me and say they will help me and they might not. The cops can make an agreement say I get my charges dropped down to 1 felony if I help them bring down a certain number of people but the DA can still disagree to it and charge me anyways. Anyways I have a number of different questions any help would be appreciated! 1. General Advice what do you guys recommend I do? 2. I am not a Citizen I have a green card and am a permanent resident. If I get charged with these 5 class C felonies will I most likely be deported? My green card expires soon will they probably deny me to my renewal? 3. I don t have any prior felonies but I have a bunch of misdemeanors a lot of them relating to alcohol. Would this help with my sentencing? When they say that it matters if you have any priors is this referring to only serious priors or any priors? 4. If I am charged with these felonies realistically how much time will I probably get? Is it probably I ll get just probation? 5. If I talk to the cops directly or a lawyer talks to them can an agreement be made that for example I help get 3 dealers arrested and my charges will be dropped? Can I trust the cops with this kind of agreement? I am freaking out I can t believe I have thrown my life away because I wanted to get high for free and make a couple of extra dollars. Any help would be appreciated thank you!
2015-03-05 22:50:04
15
Lawyer. Now. Stop talking to the cops.
2015-03-05 22:51:20
53
Questionable Arrest Circumstances and Legal Representation
14,388
Signed contract to get an abortion changed my mind. Is it legally enforceable?
Months ago I began sleeping with a man and shortly after I found out I was pregnant. I am 100% sure the baby is his. After finding out I was pregnant I also found out that he is married. He paid me a significant amount of money to get an abortion. Initially I agreed and signed a contract his lawyer wrote. I have changed my mind I do not want an abortion and by this point I am past the point of getting a legal abortion anyway. I have not spent any of the money nor have I had any contact with the father. Im not sure how to proceed. Is this contract legally enforceable? All it basically said (Father) with exchange XXX XXX amount of money for (mother) to get an abortion and not disclose the pregnancy to anyone. I am assuming I will have to give the money back which is fine. But if that is the case can I proceed with child support? Could he sue me for not upholding the contract? Will this have any legal ramifications? Thanks! This is in Michigan.
2017-12-22 04:47:00
5
You can t sign a contract relieving him of the liability of child support. Give the money back. Also please be careful.
2017-12-22 04:48:15
51
Miscellaneous Legal Query
73,477
My husband broke his neck at work and now he s being fired.
My husband is an electricians apprentice. He s been working for a locally owned company for about 6 months. It s a small company offering no insurance workman s comp or the like. Anyways on Monday while working my husband fell off a 5 foot ladder straight to his back and fractured his neck in 2 places. Because of this he currently has a limited amount of things he is able to do. He asked to return on Friday or earlier with limits. His boss and the owner of the company said he didn t think he could wait for him to return and that he was sorry. My husband supports a 4 person family and he s being fired because he broke his neck. Is this legal? Is there anything we can do? Edit: We live in Arkansas.
2019-01-17 01:50:29
337
Was he a standard employee? What state was this? He really should be going to a labor or worker s comp attorney immediately.
2019-01-17 01:56:29
319
Miscellaneous Legal Query
102,468
My friend s landlord won t stop sending her sexual texts and photos (usually on snapchat so they disappear) saying he wants to do sexual things with her. She s asked him to stop but he won t. What should she do?
I ve told her to at least take screenshots of the texts from now on (as they disappear on snapchat). What are her rights here? She doesn t have money for a lawyer. What would you recommend she do if she were your friend? She s afraid if she completely blocks him or tells him to go fuck himself he ll get really angry and jack her rent up when the lease is up. She s also afraid he might just kick her out (that s illegal though right?). Any advice? This is in the US.
2020-01-13 20:11:24
6
take screenshots and tell him to stop. depending on the location it can easily been seen as telecommunications harassment
2020-01-13 20:12:54
10
Revenge porn and underage photos
125,911
Custodial Mother took Child out of State What are my rights and where would I refile for custody?
I live in Virginia the mother took our child and left the state to Tennessee with out notifying me. She has full custody and has changed her number so I have no way of contacting her which makes it impossible for me to have visitation with my daughter. There is no defined visitation other than I have rights for visitation with my daughter. If I were to refile for custody would I refile in VA or TN? Cause I only found out she was there from a post online that shows she is pregnant and engaged all as of the last two months. Any advice is welcome. I am just trying to see my daughter.
2017-02-28 00:56:48
6
Generally speaking the proper forum for a child custody matter is the child s home state which is a legal term of art. Here it would be Virginia because that s where the child lived for the past six months and where you remain as a parent. There s also the Parental Kidnapping Prevention Act in play if she took off with your daughter did not give you notice etc. I believe in that situation you can file in Tennessee on a limited emergency basis. I m confused by your phrasing though that you have no defined parenting plan that allows for regular visitation with your child. It s best to call a family law attorney -- I wouldn t want to handle this all by myself if I were you
2017-02-28 01:00:46
6
Custody and Visitation Disputes
55,123
[California] I have video evidence my employer is cutting our worked hours! Whats my best course of action?
I work for a fairly large company. We have a weird clock in out system. The system only displays the time when you press a button but the time shown doesn t update it just shows the time that it was pressed. One day I was clocking out for a break and I was tapping the button fast and saw that the minute changed and clocked out. When I looked at my timesheet (printed on a receipt that comes out right after you clock out) it read that I clocked out the previous minute! I started paying attention to the time when I was about to clock out if a minute was close to going by I would tap the button fast and clock out when the minute changed. A couple more times it gave me one less minute on my timesheet. Today I was able to get a video of the time and my timesheet with the minute set back. I kept the receipt of the incident and tomorrow I m going to try and catch it on video some more times. I should also mention the clock time on the system is about a minute and a half off usually causing us to clock in early from our breaks. The system does let you know if you are early or late from your break but on a payed break there is no in between. For an unpaid lunch break there is a 2 minute cushion before it tells you you are late. If my company is cutting minutes sometimes from our paycheck it would really add up since a lot of people work there and there are a lot of stores. They would fundamentally be * Taking minutes off our payed breaks shortening them. * Taking minutes off our unpaid lunch break saving them money. * Taking minutes off of our final clock out time saving them money. I love the company I m with and I ve been here over a year but this is unethical. I have never noticed this problem when first clocking in leading me to believe it is intentional. What should I do? Edit: To clarify my company does not round hours. Final paystub says hours and minutes. Also no one has noticed it rounding back when clocking in. Everyone taps the button and clocks in right as the time changes. Managers strongly enforce not clocking in early. It seems to be random If the timeclock was doing this on every clock in out someone would have noticed before me. Edit: I made another post after getting some more evidence and I have clarified some of the questions stated in the comments [Here](https: www.reddit.com r legaladvice comments 3d84cs updatecalifornia_i_have_video_evidence_my )
2015-07-13 06:55:33
18
Have you ever done this experiment when you clock IN? Are you sure their clock isn t just a minute behind?
2015-07-13 10:51:20
17
Labor Law Compliance Concerns
19,963
[California] If I m given ownership of a house with my sibling but my sibling pays no rent anything can I still ask her to leave?
I m sorry if this is a silly question but I haven t been in this situation before. My mother is retiring and wants to move and has talked about transferring ownership of her house to my sibling and I who both currently live there. But my sibling has no job isn t looking for work and would be a financial strain to take care of. My question is if the house is given equally to her do I have any right to ask her to leave? I know being left something doesn t mean you don t have to pay for it but since there are two of us I m not sure how that would work if problems arose.
2017-03-04 23:02:55
28
&gt if the house is given equally to her do I have any right to ask her to leave? No. You would be equal co-owners with equal rights to live there and equally responsible to pay taxes HOA fees etc. If you want her out offer to buy her half.
2017-03-04 23:05:20
34
Miscellaneous Legal Query
55,479
Sue as Myself Once and Again as My HOA?
Guys excuse the throwaway account. Here s a quick recap: &amp #x200B * I m a member of a very small HOA complex of seven units in Los Angeles. * The two guys running the HOA are bad guys and quietly didn t pay their HOA monthly dues for four years. * Being a newbie to suing I sued them directly for one-fifth of the amount they didn t pay. One-fifth because I was one of the five units taken advantage of. I myself was the plaintiff. At the time I thought this was the right thing to do because to correct the wrongdoing I expected to get the two bad guys to recompense me directly one-fifth of the amount they didn t pay. * I won the small-claims trial. However the judge mentioned that the HOA should have been the plaintiff and ordered that the one-fifth judgment be paid to the HOA bank account. Both of these things make perfect sense. * Despite what transpired I remain the sole plaintiff on the case I won. &amp #x200B My question is is it possible to sue again for the remaining four-fifths this time with the HOA as the plaintiff? I could enlist a fellow HOA member to come with me as act as the HOA representative on the case if that helps?
2019-01-25 20:55:22
8
Honestly you should have lost because you weren t the party with standing to sue. If they appeal which a losing defendant can do in California then you will almost certainly lose. You can t represent the HOA unless you are on the board and have the consent of a majority of the board to file a lawsuit in the HOA s name.
2019-01-25 21:11:30
9
HOA Legal Issues
103,196
*Texas* Rental House (1month) - We have 2 dogs Neighbor has rescue Pit that tries to kill every time we enter our own back yard.
My wife and I have been married one year we have 2 three year old dogs one lab one whippet. We finally got out of apartment living and into a rental house so the boys can have a back yard to play in yay! Except now its a nightmare. The neighbors have 2 dogs as well both rescues one seems nice one does not. Best I can tell its a Pit Rescue (f) that was used for breeding and also as a pole dog (basically a really horrible life). My wife and I are both animal lovers and DO NOT believe that Pits are bad by default or any of that. We chatted with the neighbors when we moved in and they told us that she can be defensive . That I can handle but that is not what this dog is. Anytime someone steps a foot in the back yard this dog goes red. We ve tried to place posts along the bottom of the fence where she has chewed off planks we won t let the boys out unsupervised at all...and today the pit literally put her head down and broke through two of the planks to get at our dogs. I got them inside no one is hurt but now we have severely compromised fence so even going into the back yard is off the table now until repairs are done. The neighbors are rarely home and the dogs are always in the back yard so I cant even repair it. I m at a loss. I know if I call animal services the dog will be euthanized. Honestly it probably needs to be the poor girl is in a state of constant stress. And I know I cant do nothing because we got a house for the purpose of having a back yard that we can no longer use. I m worried about being the one that gets there dog taken away put down and then having to live next door to them after the fact. Any suggestions? **tl dr**: My wife and I (also 2 dogs) moved into a new rental house cant even go into the back yard because the neighbor as a pit rescue that breaks the fence and attacks.
2016-07-24 18:40:37
87
You need to call the police. The neighbors have a duty to adequately secure their animals and they re breaching that duty.
2016-07-24 18:45:34
129
Neighbor Dog Attacks and Injuries
43,088
(Indiana) My fiancees used car had to have $7000 worth of work under warranty but we have to pay a deductible?
Typing this from my phone so I m going to be a little short. In August my fiancee purchased a 2012 Hyundai Elantra with 60k miles on it from a dealership. She purchased the extended warranty on it. She brought it home and I took it for a spin and heard an engine tick. We called them to set up an appointment to check it out and they scheduled us for a week later. When we took the car in they replaced the oil filter and said come back in two weeks if the sound doesn t go away. Two weeks later low and behold it was still there. We took it in again and they kept it in the shop for a few hours before telling us there was some metal bits in the engine and they should work themselves out. At this point we took a trip to Chicago roughly three hours away and spent the weekend there. On the trip back the car died twice on the freeway traveling at low speed in a traffic jam. We called service again and took it back to them in early September. The metal was still there and they told us that we needed to take it to a Hyundai dealership to for the problem to be fixed. We took the car to the dealership close to us and it has been there for the past month. The entire engine needed to be replaced. The warranty covered all $7000 worth of work with the exception of a $200 deductible. Today I called the original dealership to ask if they would reimburse us for that $200 as this problem should have been taken care of before the car was sold to us and he essentially told me to pound sand. Now money is tight for us and $200 is a hefty chunk of change. Would this be worth taking the dealership to small claims over? We have all of the paperwork and kept records of all the repairs and each time we called them. Thanks in advance!
2017-11-08 20:14:18
5
What does your contract say? Does the warranty only apply to service at their location? Most dealerships are independent of one another so I wouldn t be surprised. If this was a Hyundai issued extended warranty that d be different.
2017-11-08 20:20:02
2
Car dealership title issue
70,390
(VA) Neighbor is stiffing my teenager out of a $360 pet-sitting bill
My 16-year-old daughter agreed to take care of our neighbor s five cats while the owner was out of town for over a month ($10 day x 36 days = $360) but now the neighbor has returned and won t return phone calls and text messages. Near the end of the job my kid noticed a foreclosure notice taped to the door and the house is a mess of hoarding. It s clear that the neighbor has issues but the neighbor is not destitute. This stonewalling has gone on for about a week and my daughter has called and texted daily. So my question is a) should my child try to sue in small claims court b) file a mechanics lien or c) try something else?
2016-07-11 15:28:09
14
&gt So my question is a) should my child try to sue in small claims court b) file a mechanics lien or c) try something else? A is the only available legal remedy. She can t file a lien.
2016-07-11 15:30:01
16
Miscellaneous Legal Query
42,318
[MI] Neighbor calling the police DNR on my parents for different reasons. Building a house up against our property line (in a rural area) cutting trees the works Parents are potentially losing value of their lot.
So my parents bought my grandparents house lot after they passed back in 2015. For some back story we have a large lot that has swamps and forestry around the entirety of our house. There has been an owner of the property behind our house but it never had anything built on it (yet). Two years ago surveyors came and deemed the property my parents owned (including a small side of my parents house) was on this neighbors property. I m unsure what happened with this but I think neighbor said meh whatever but still has the property line placed where the new surveyors deemed the property. As an aside we do have documentation of where property lines were set back when my grandparents bought the land (60-70s) but according to the new surveyors the old survey was wrong. So after being told by the neighbor that she doesn t care if my parents house is on her property she s begun demolishing the trees on hers (up against our original property line). In the process she has (for some reason) called the police on my parents for illegal hunting and illegal use of fire arms. Police and DNR come search the premises and find nothing. They ve been out multiple times and have said that someone on the property behind ours has been calling emergency services for gun use on our property. As another aside my parents have shown the police where we do our target shooting and it s pretty similar to a shooting range (having large masses of buffer proper etiquette when shooting [not at living creatures protective gear picking up our shells at the end of our target practice] and overall not shooting in the direction of civilization any neighbors without a buffer). Is there anything my parents can do to combat this neighbor from making their lives miserable? How many phone calls can this neighbor make before she gets in terrible with authorities? Is there any way my parents can stop her from building the house or just building so closer to their house in such a rural area? Does her building so close to my parents house lower my parents property value? Edit: thank you all so much for the next steps to take. I m going to sit down with my parents and talk to them about what you ve all said and how to go about the property line dispute. I ll have them contact a surveyor including the one that the neighbor used to determine where the property lines really lay.
2018-11-16 23:21:12
9
These are unrelated issues. Your parents can t stop someone from calling the police to report events they believe occurred. In most cases the police figure it out eventually. And the disputed property line is a far greater threat to value than anything else. Your parents should likely consult an attorney over that issue. Once resolved one guesses the rest falls into place.
2018-11-16 23:25:23
19
Neighbor Property Line Fence
97,239
Wedding venue wants us to waive our rights to chargebacks and or truth in lending laws protections
The actual section of the contract is this: &gt As a condition of &lt space&gt agreeing to accept your credit card as an approved form of payment for all master account charges you specifically agree to waive any rights you may have under applicable state and federal truth in lending laws or otherwise (including but not limited to under your credit card issuer s procedures for resolving such disputes) to receive a temporary credit from your credit card issuer for disputed charges arising from your credit card transactions with Hotel (commonly referred to as a “chargeback”). You agree that any disputes that you may raise with respect to any master account charges must be addressed directly by you and &lt hotel&gt I am going to assume this isn t legal and that if it is the credit card company wouldn t be real happy about their cardholders having their chargeback rights waived. Is this something the venue can legally ask for? I am probably going to sign the contract anyway with that part crossed out and initialed because the rest of it looks reasonable but this just doesn t to me so I may bring it up.
2017-02-02 14:18:40
6
Strike out that section and initial if it give you heart burn. Never make assumptions about what may or may not happen.
2017-02-02 14:26:41
8
Miscellaneous Legal Query
53,413
[CA] I recently found some stolen items at a local pawn shop. Pawn shop says I will eventually have to reimburse them the cost they paid in order to get them back.
Six months ago I had some items taken from my car. I had left it unlocked after a particularly long day but that doesn t matter for the issue at hand. Fast forward to yesterday and a random Craigslist search later and there s my stolen items. After a discussion with local LEOs the items are placed on a 90-day hold pending investigation. Great. My main question is that the owner said that in order to get the items back I ll need to reimburse him the cost they paid to buy them. Is this true? Do I really need to pay the pawn shop that bought stolen items back!?
2018-10-17 17:50:12
6
no their claim would be against whoever sold them the stolen items.
2018-10-17 17:51:26
16
Guitar Theft Recovery Options
94,456
Debt collector reincorporated after judgement against them
Back story debt was incurred in California the debt collector is in Washington state 1 year later we moved to VA got a letter from debt collector 2 years after the initial debt was incurred. We asked for the debt to be validated and they never sent a validation letter or contacted us again but they did report the debt to the credit agencies with a 10% interest for each month. We sued and got a judgment in VA. We told the company we had a judgement against them and 2 months later they closed the company then re opened as a different company before the debt was domesticated in Washington. The second company appears to be basically the same company the owner is the same they resent the exact same debt collection notice with same address username and password for us to login and pay and body text as the first company the only thing different was the company name logo . The second company also sent the debt validation letter representing that they have owned the debt for the entire time that the first company owned the debt. My understanding is the debt is past the statue of limitations per California law so We are not to worried about the debt company getting a judgment against us. The questions I have is how likely are we to collect on the now domesticated debt that was awarded against the first company? Should I try to negotiate with the second company to pay for removal?
2018-01-24 22:16:31
5
INAL but you may want to file a complaint regarding their business practices to the Washington attorney general s office and see what they have to say about it.
2018-01-24 22:29:17
4
Debt Collection Legal Issues
75,745
Landlord wants us to move out earlier than contract
Signed a rental contract for 2 years (USA). The two years went by and we were given the option to renew. We did so with an increase in rent. A couple months later the rental company contacted us saying the owner only wanted us to renew for one year instead of two. This is not ideal for us. He has sent a supplemental contract for us to sign. Can he force us to adjust our contract? Can we be evicted for failure to agree to this? We pay our rent on time monthly. Please assist.
2022-02-18 14:17:12
14
If it s been a couple months sign it was signed that s pretty unlikely to get tossed out. They d have to demonstrate it was an obvious and clear error on their part to even have a chance and I meant to... just isn t going to cut it. Errors like that are I added a zero or I left off a zero not I wrote 2-years instead of 1-year . You could discuss a cash-for-keys arrangement in order to make this move *more* ideal for you but under no circumstance should you sign the supplemental contract without any additional considerations for your hassle.
2022-02-18 14:21:29
39
Landlord Lease Deposit Disputes
154,458
If a company has filed for Chapter 11 liquidation filing under bankruptcy can I re-package brand their products to re-sell?
I have hundreds of whole sale items from a company that has filed for bankruptcy (RadioShack &amp amp TRS Quality Inc.). I am inquiring to see if it would be legal for me (in the US) to re-package re-label the products to a new brand that has nothing to do with the old one and them sell them under that new name. Thank you so much for your answers! You guys always pull through with helpful answers.
2015-10-13 20:23:18
8
You re going to have to read the contract you have with them. Often the IP of a company is sold to another to help pay off it s debts.
2015-10-13 21:04:30
3
Miscellaneous Legal Query
25,934
[NJ] My Apartment just got declared illegal need to be clear on my rights
Hello everyone thanks in advance for any advice you can offer. We just had a visit and received a report from the town s Building Code Inspectors who declared the basement apartment we have been renting for around 14 months to be illegal. We are on a month-to-month lease which may make our situation different than from a standard tenant. Right now we don t have the money for a security deposit and month s rent in advance for a new place. We would need to either wait on an expected tax refund or save up for around 5 weeks without paying any rent if that doesn t arrive. The most crucial things I can see online are that I am no longer legally required to pay rent I cannot be evicted without going through the court system - AND that my landlord is required to pay me 6 months rent in relocation costs. That would obviously be a huge help in getting together the money for the deposit and rent we need for a new place. Can anyone advise what kind of action we can take from here to best protect ourselves and ensure we exercise our rights fully? Other than hiring a lawyer obviously - Which we can t currently afford. My landlord has basically threatened to hire a team of lawyers in the past when I ve tried to exercise my rights from the Governor s Executive Order to use the security deposit to pay a month s rent due to covid-19. He also says that being on a month-to-month lease means if we stop paying rent he can kick us out easily. Not sure if that now applies with the illegal apartment. Thanks for any help you can provide.
2020-10-10 17:55:16
111
You should contact the state agency that covers landlords and rentals. And see if they can help you. Plus there are places that can help you find an attorney for a reduced rate as well. But start with the state agency they will help you the best to understand your current rights regarding this situation
2020-10-11 03:00:24
31
Landlord Lease Deposit Disputes
138,013
Employer made me sign a paper saying that I forfeit my previous two weeks of pay if I don t put in a two week notice when quitting. I put in my two week notice but she s saying that I didn t.
Employer made me sign a paper saying that I forfeit my previous two weeks of pay if I don t put in a two week notice when quitting. I put in my two week notice but she s saying that I didn t. I told her I was putting in my two weeks and she told me to leave. I was nervous and scared and I m a weak ass bitch so I did :( I obviously have no proof of this happening so I m not sure what to do. Not even sure if this is the right place to post this I ve just never had this sort of problem before. Am I totally screwed?
2017-03-03 16:29:28
208
What s your location? Something here feels... unenforceable... I would personally go and file a wage claim if they try to withhold your wages.
2017-03-03 16:34:42
220
Miscellaneous Legal Query
55,393
Help With Collection Agency (TX)
I m in need of advice with a collections issue and would greatly appreciate any help. I signed a contract with a gym had a dispute with them about charges made to my account and stopped using their services without properly terminating the contract. I m now being contacted by a collection agency on their behalf stating that if the amount isn t paid the next step is legal action and reporting the debt to the credit bureaus. I however do not have a social security number and did not at the time I signed the contract. What legal recourse can they take against me? Also would it be best to settle the debt rather than wait for legal action?
2014-04-26 04:20:40
5
1. Having an SSN makes no difference re: them suing you. I suppose it makes a practical difference re: credit reporting but I doubt it makes it impossible to create a record of the debt that can be found in a background check credit report. 2. They can sue you and collect what you owe plus legal fees. If you settle you will probably be able to negotiate a smaller payment.
2014-04-26 04:29:17
3
Gym Membership Cancellation Issues
6,949
[NC USA] Please help me understand a right of way easement
Please help me understand the language of this right of way easement and easement law in general. For some context I m interested in a particular right of way because if I am permitted to use it it will grant me easy access to public land for hunting. I spoke with a regional wildlife conservation officer who advised that I hunt on the public game lands shown in [this image](https: i.imgur.com M7btcxj.jpg). He told me that I could access the game lands via the dirt road that begins after the public road ends as long as I don t block the gate. I happened to speak with a wildlife biologist about accessing the same area and he said he was under the impression that access was granted only to wildlife officers and biologists. I looked up the easement [see here](https: i.imgur.com 1fFaIbt.jpg) and it appears to be granted to the state DOT for the purpose of road creation and maintenance. Following my conversation with both NC wildlife employees I know they use the easement for access to the game lands. My question is would this easement allow me to access the game lands? Who enforces the language of this easement?
2018-03-08 16:53:41
5
Pls redo this diagram in a shitty MS paint format we can t work with such accurate diagrams. Past that the easement to the extent it is enforced is enforced by the party that owns it (which appears to be NC DOT) and the party that granted it. I would generally assume that the conservation officer has a good idea of what they are talking about but if you go to use the road and someone objects just apologize and leave.
2018-03-08 16:58:54
8
Neighbor Property Line Fence
78,587
[WA] Bought a brand new home can t get builder to come and fix several warranty issues.
My wife and I bought a brand new home that has some relatively minor and one fairly major warranty issues. The problem is despite calling and emailing about the issues for several months I haven t actually been able to get anyone to come out and take care of these things. I ve had more than one no-show appointment where they scheduled time to meet with me I made time to make sure I was home (I m self-employed so I didn t have to miss work wages but I did have to reorganize my schedule to be at the house during these appointment times) and then when no phone call no email no warning no one would show up and I wouldn t even get an excuse until several days later. At this point we ve still got 3 months left on the warranty but as I said I ve been trying to get them to do something about this for at least 6 months and I ve had literally zero resolution to any of my problems large or small. This isn t some small independent contractor we went with. It s a large corporation that has built communities all over our area. I don t think it s time to involve a lawyer (although maybe it is?) but I certainly want to have all my shit together so that if the warranty lapses before they do anything about my issues that I don t get stuck with the bill of fixing all this. I m quite angry at this point but I have not expressed that by yelling cursing or threatening legal action. Yet. So I m looking for some advice on what I should do here both in the immediate term and the near future. Thanks.
2017-08-21 17:46:42
5
Get all the dates together. Then round up all the email addresses of the company s corporate officers. Then in a dry emotionless email do something akin to the following: To whom it concerns-- I closed on a home built by Company X on Date Y. While generally satisfied with my purchase there were several warranty issues. I contacted Company X on Date Z referring to issue A. They indicated they would dispatch somebody to address this on Date W. This turned out to be a no-show. When I called Company Z on Date U to follow up they indicated another call would be made on Date V. This too turned out to be a no-show. At this point I cannot reliably trust Company X to address these issues. At this point I request that either the issues listed below be addressed as indicated in your warranty within the next 14 days or that Company X reimburse me for reasonable cost of repairs delineated below. If you elect not to do either of the above options please let me know where process may be best served in order to lawfully compel Company X to adhere to its obligations. Somebody somewhere will see Process server and light a fire under customer service to fix this. You don t have to threaten a lawsuit (which is blowing smoke most of the time) but politely requesting to know where you can serve a lawsuit if they re unhelpful? It makes them look like jerks for not picking a reasonable option and signals that you know at least a little bit more about the process than the smoke-blowers.
2017-08-21 18:06:58
7
Miscellaneous Legal Query
65,215
[N.C] The cops raided my house found weed and guns
First off about me I m 31 yrs old married no kids and have been working since I was 16. I m gainfully employed and I occasionally smoke weed. When I say occasionally I smoke weed maybe 2\-3 times a week generally towards the end of the week and on weekends. I also own a few firearms a hunting rifle which I do use for hunting a shotgun for home defense and a pistol. I ve owned all three of those guns for many years now and very rarely use them expect when he s hunting season. In fact the only gun that even had ammo in the house for was my shotgun. Now I m going hide and change some details around to protect my own identity but basically what happened is sometime in the past 3 months the cops raided my home they kicked down my door and conducted a search warrant...turns out they had the wrong address. The warrant was actually for another house not mine. However in the search they found some pipes and a bong plus some marijuana less then a felony would be. However they also found my guns. Which apparently makes even a small amount of Marijuana serious felony. In my questioning they tried to label me as some kind of mover or drug king pin which I m not. I m just a dude who like to smoke pot from time to time in the privacy of his own home.\` I didn t say much in the interview I knew I was screwed...but a friend brought up the point. The search warrant they had was not for my home it was a street over in fact. In fact a totally different street name. The only evidence they have on me is what they found in the search. Can they legally use that in a court of law? I wasn t even named in the search warrant I had nothing to do with the search warrant. I don t even know the people or the home they were supposed to search. What are my options? \*\*Update\*\* After speaking with my Attorney he s primarily a divorce DUI attorney who has occasionally represented his clients for simple marijuana possession. I.E drive home drunk get pulled over they find weed on you type cases. Not...illegal search warrant then found weed cases. What shocked me most is in our conversation was he said he hadn t considered going to suppress evidence and doesn t have much experience. I asked him for a referral to a qualified criminal defense attorney who I met with this morning this guy has a different look then my previous attorney. I m meeting with another one later today. On the subject of this post I feel I ve done enough to hide enough details to make it unlikely for this post to come back and bite me...I won t get into all the methods I went through to post this and what is true and isn t true...but I m going stop updating and update once I m out of prison or a free man.
2018-04-16 14:59:03
313
Get a lawyer do what they say. We can t help you beyond that.
2018-04-16 15:01:48
616
Miscellaneous Legal Query
81,317
Not too big of a deal but is there anything I can do?
Nashville Tennessee. I was walking across my apartment complex to get to my truck this morning and there was a woman out walking. I hopped up on the sidewalk about six or seven feet behind her and was looking at my phone when the lady yelled at me What the fuck are you doing! I looked up at her confused and asked what she was talking about. She said that I was way too close to her. She was at this point about maybe 6 feet away. When I told her to shut up and attempted to keep walking past her to get to my truck she slapped my phone out of my hand and cracked my screen. She accused me of sneaking up behind her and taking my phone out to take photos of her without her knowledge. I was using my phone to check to see if my midterm grades had been posted. She said she was going to call the police tell the apartment manager and have her friend come beat the shit out of me . Fortunately our apartment maintenance dude was about 30 yards away at their storage garage getting something and saw what happened. He came over when she yelled and picked my phone up off the ground and showed her it was my grades. She then said You can t blame me for being nervous when a man walks behind me. So now my phone is fucked up this lady yelling caused other curious neighbors to come see what the fuss was about and my damn midterm grades still haven t been posted. I got to my truck to head to school and as I was leaving she flipped me off while talking to two other women who were out walking. Ugh.
2017-05-15 14:28:21
64
You should have called the police yourself. You can sue her for the damage she caused to your phone.
2017-05-15 14:30:48
104
Miscellaneous Legal Query
59,494
Medical office keeps sending bill no longer owed (WA)
A few years ago a clinic was sending bills for visits and test work that was done. I paid them as they came. After a few months I caught on that they were starting to send dupilicates. I called and according to them I had overpaid and was owed money. They sent a refund check but kept sending bills as well. After a few calls they realized their errors and bills ceased for 2 years. Friday I received a letter from them saying the bill is super late and I have 7 days to pay or get sent to collections. The phone number for the place is just a front desk but all the billing is outsourced to India. They won t provide me a phone number to the billing office. How do I make this stop and keep our credit protected?
2017-02-06 19:18:30
7
Do you have record of your previous paid? Can you get it from your bank?
2017-02-06 19:36:35
4
Medical Billing Disputes and Fraud
53,682
Girlfriend biking in bike lane guy opens door and hits her. Legal action can be taken?
Location: Los Angeles California My girlfriend was riding in the bike lane wearing a helmet she did not do anything wrong or is at fault at all. She was very careful. A stopped car opened his car door without looking and slammed it into her. She almost was thrown into the middle of the road. We do not want to be stuck with the medical bills we are currently in the emergency room and she is very injured. The guy was not concerned at all didn t give a shit at all. Do we sue? We did not file a police report because I rushed her to the hospital. We took as many pictures as possible and got the drivers information. Once again he did not care at all. Thanks.
2018-02-22 20:25:51
341
Driver violated California Vehicle Code 22517 which states: &gt No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. It s not too late to make a police report. Call the police or go to the police department and provide them with the information you have. Her next step should be to file an insurance claim with his insurance company. Keep all medical bills so you can submit them as needed.
2018-02-22 20:28:25
526
Insurance Denial Car Accidents
77,709
(FL) Would I be guilty of contempt of court for not dressing formally enough for jury duty?
I don t have much. The best I have is khaki pants a polo shirt and black sneakers.
2016-05-23 14:33:04
165
Polo shirt and khakis will be fine. There will be people in jeans and t-shirt.
2016-05-23 14:34:40
201
Managing Multiple Jury Summons
39,764
Fedex broke my speakers I purchased while in transit I filed a claim and I believe the shipper stole my compensation check. What do I do?
Ok so 9 months ago I bought a set of $150 speakers from an audio retailer online. They were awesome speakers. Then about 4 months ago the speakers have a faulty wiring problem so I email the retailer about the problem he tells me to return them and they will send out a new pair (because they are under warranty) all I have to pay is shipping on the exchange ($30). I send my faulty set in then I receive a replacement set 2 weeks later totally damaged parts missing etc. Looked like they were used and the retailer just threw some random broken speakers in a box and sent them to me as a replacement . I call the retailer and tell them I am not happy. He blames it on Fedex that they dropped them . I really doubt this. The retailer sent these speakers in the same box I sent my faulty set in the same peanut packaging things and this amount of damage could not have been done unless someone took the speaker set out of the box and kicked them. The retailer tells me to file a claim with Fedex so I could get my refund so I did file a claim this was started about 2 months ago. One month in Im wondering where my money is. I call the retailer and says that Fedex is still working on the claim. Two weeks ago he says the same thing. Just ten minutes ago I call Fedex and ask whats going on with this claim. Fedex says the claim has been settled on April 1st and the money has been sent to the retailer. I never got any money and the retailer said he never got any money. Im starting to not believe this guy. He has $180 of my money and he says he does not have it. What can I do? I m in college bought some speakers and all I want is my money. This is ridiculous. What do I do? Ask if you need any clarifications. Also I have email proof from this guy Fedex claim forms reinforcing everything I said above. Thanks.
2013-04-21 19:07:56
33
As stated by another user since they were the ones who actually shipped the item they are the ones entitled to receive the claim payment. In most cases FedEx will not even allow the recipient to start claims so i m assuming your ability to do so was a fluke. FedEx does not acknowledge or see the reason for the shipment and so the company s having your money is none of their concern. Also FedEx will not just automatically pay out the full price of the speakers. They will only pay the amount of insurance covered on the item. A lot of online sellers will not put any insurance on their items due to the prices so the claim would only be the $100 that comes free with every shipment. I don t know what quality of speakers you bought but this may not cover it. So essentially there isn t really anything you can do in terms of resolution with FedEx. Your next step and only step is solely between you and the company. Did you purchase these speakers from an actual company? or just some guy? How did you pay? If the purchase was made on eBay or a similar user marketplace store the website probably has some guidelines in place for these circumstances similar to eBay s buyer protection cases. If you paid with PayPal you can open a case against them on there as well. However working as a customer service manager for a company like this your best step for the time being is to work with the seller. If they are completely unresponsive or unwilling to assist you by all means pursue the above steps but sometimes situations that initially feel like fraud or scams are just misunderstandings.
2013-04-22 00:32:51
9
Fraudulent transactions via hacked account
1,252
ID: My record shows charged but dismissed on a felony manufacturing marijuana charge. Am I a felon?
I m curious as to whether I m allowed to possess a firearm. I m a student and my FAFSA wasn t revoked due to the charge so I would assume I m not technically a felon. Any advice is appreciated.
2016-08-17 20:57:15
28
You must be convicted of a felony or plead guilty or no contest to a felony in order to be a felon. If the only felony you were charged with has been dismissed you are not a felon.
2016-08-17 21:04:10
37
Miscellaneous Legal Query
44,238
Someone owes my mom $20k [NYC]
So my mother has been lending a certain person money with the idea that this person will pay her back slowly with interest. Last year he ended up owing my mother 20k and wasn t able to pay her back. He kept avoiding her but eventually my mother convinced him to go to a notary and sign that he owes her this money and that he would pay it back by March 2015 with some money that he expects from a lawsuit. March is almost over and I m considering taking legal actions against him. What type of lawyer do I need? Is it possible to sue him? This man doesn t have any assets(Low class no home no car illegal immigrant). Does this change anything? Yes I know my mother has bad judgement. I ve told her this many times.
2015-03-28 15:44:41
10
You d need some kind of civil litigation lawyer. You ll likely need to poke around a bit. Very few people make personal loans above the small claims limit so lawyers rarely market themselves for this kind of thing specifically. It s certainly possible to sue. He s not paying what he owes. But suing him just gets your mother a court order for him to pay the money if he s an illegal immigrant with no money it will be nearly impossible for her to enforce this order. She should look into selling the debt to a collections agency instead.
2015-03-28 15:53:25
12
Miscellaneous Legal Query
15,254
Ex-husband admitted to drugging me for sex during divorce deposition
The divorce is final. After years of denial intimidation gaslighting and emotional abuse over whether he was drugging me or not he cops to the deed on official record. I didn t feel vindicated. When the deposition was over he casually walked out and there was no law enforcement waiting for him to defend my honor. I guess that s up to me. I went to the police and reported him. Though the incident (the one I m aware of anyway) occurred nine years ago they took me seriously recorded my statement and stated that there were no statutes of limitations on his crime. They paid him a visit the next day but that was all that came of reporting it so far. My question is what s the next step? Is it worth going to civil court endure systemic victim blaming? Is his confession a ‘smoking gun as it were? None of this she said he said stuff when deposed and asked “did you put drugs in your wife s drink for sex” his tone was righteous when he responded “Yes I did.” Some think I should just move on and forget about it but I can t. It took me several years to escape this horrific situation and took every dime I owned. I feel stronger than I have in a long time. Do I deserve justice and what will that look like? Would an attorney scoff me off? What would you tell someone you know and love in this situation? &amp #x200B Edited to add location: Missouri
2021-10-26 00:07:00
37
Well 1st I m sorry it happened to you. 2nd. Criminal cases take time to build up. The fact that you have it on the record will be immensely helpful. That being said cases are not solved in 47 minutes or less despite what CSI:SVU has led most of the population to believe. You wouldn t need an attorney unless you were looking for a civil award (IE you sue him for damages). However 1st you should pursue a criminal conviction. You made the 1st step in reporting it. Now you should talk with a victims advocacy group that has connections with the States Attorneys office local PD. Unless a decision is made to pursue criminal charges (at this time they may be debating what would be relevant able to convict on) nothing will move forward. You can t force them to investigate or prosecute that s at the discretion of the prosecution. If a criminal prosecution isn t going to occur you could seek out a civil attorney and sue for damages this would be *immensely* easier if you had a criminal conviction in hand. But it s not impossible particularly with a confession. If your ex doesn t have any assets money wealth there won t be much to pursue though and that s where you may have trouble with finding an attorney to take up your case. Again a victims advocacy group may be able to make some suggestions provide assistance. I would also encourage you to seek some mental health counseling. Sexual abuse abuse in general can take a lifetime to overcome even with competent treatment. Without it it s just not healthy for you. Good luck I wish you well.
2021-10-26 00:23:50
33
Miscellaneous Legal Query
150,830
[Texas] Custody and Geographic Restrictions Modifications
I ve posted in another sub but found this one today and think it may be more informative. My SO was divorced in Texas. It was a no-contest divorce without any lawyers involved. He received primary residential custody of the children and the divorce stipulates every other weekend and alternate holidays for his ex. (Originally they had a much more even and unofficial time split but she got a new job and he put the kids in daycare. Now they have a much more stable schedule that follows the every other weekend guidelines for the most part. She also has them for a few hours one night mid week and every Sunday for a few hours for church.) When they were negotiating the divorce SO asked that no geographic restriction be included because of the nature of our industry. His ex agreed but the judge said no. The judge didn t like that lawyers weren t involved and told my SO that he never does a divorce without the restriction. SO and I have been together for almost 2 years (the divorce was finalized about one month into our relationship). They ve been separated for three. The issue is that I live in a different state (quite far). He currently has primary custody and pays 100% of kids needs. His ex pays for literally zero of their expenses. He also provides clothes for at her house as well as pays for her car and contributes to her trips outings with the kids. We re not trying to be awful to her and move them around... but neither of us really wants to live where the divorce takes place. My job and family are here in my state and there are literally no opportunities for me in my field in their county state. The lawyer we had spoken to said that our best bet would be if she moved away first. However I don t see that happening because she s pulling child support from another guy. I m wondering - 1) He has a good job now but if he got an even higher paying job where I lived would that be enough? Or would they say hey you have a good job you don t need to leave. 2) If we were to marry would the fact that I live here be enough to allow the move? We would like to get married - but it s hard for us to get engaged if we don t actually know if we ll be able to legally live together. My SO would also like to look for a job out here - but it s hard for him to do that without knowing if the judge will allow him to move. He doesn t want to ruin his name with future job prospects if the courts say no. How do people usually navigate this? There seems to be so much of a chicken egg issue in this situation. Not that we want to use this (as we would like to avoid an all out battle) but his ex has a history of bad choices and manipulation. She has in the past blackmailed and extorted my SO for money had a child out of wedlock with the man who helped breakup their marriage (a man who has a history of convictions for marijuana and other violent offenses) as well as made the kids feel guilty for anything involving me. She has told them they weren t allowed to hug me because I wasn t their mom as well as numerous other comments from the kids about how their mom said I couldn t touch their hair (to brush it for school) or how mom was sad because they didn t live with her. Is there any chance of us getting the geographic restriction removed in this case? What are the best moves we can be making to facilitate that? What things should we avoid?
2015-07-01 00:36:29
14
Hire a lawyer. &gt Is there any chance of us getting the geographic restriction removed in this case? Maybe. He may need to file a motion to modify visitation because of a significant change is circumstance i.e. a better job in another state. Thus he may first need to obtain a better job in the state in which he wishes to relocate. &gt He has a good job now but if he got an even higher paying job where I lived would that be enough? Then he may need to prove its in the best interests of the children to move. &gt Not that we want to use this (as we would like to avoid an all out battle) but his ex has a history of bad choices and manipulation. She has in the past blackmailed and extorted my SO for money had a child out of wedlock with the man who helped breakup their marriage (a man who has a history of convictions for marijuana and other violent offenses) as well as made the kids feel guilty for anything involving me. She has told them they weren t allowed to hug me because I wasn t their mom as well as numerous other comments from the kids about how their mom said I couldn t touch their hair (to brush it for school) or how mom was sad because they didn t live with her. This may or may not be relevant. That s why you need to hire a lawyer. Proving that its best to move to another state with the children may be difficult but not impossible. Good luck.
2015-07-01 02:54:51
4
Miscellaneous Legal Query
19,198
[NY] I m a hobbyist who creates his own perfumes and body lotions which I sell people for cash - is this a risky endeavor without forming an LLC?
For instance if someone were to have a breakout or allergic reaction what would be the consequences for me? For example could someone effectively sue me for 10% of my income for the rest of my life? On the other hand are there any laws that protect me as a hobbyist? Thank you.
2016-04-18 02:34:42
17
There is no I don t know what I m doing so you can t sue me law. You from an LLC to avoid the worst case situation. Erm lets say you sell some products that were contaminated and people develop staph infections with significant scaring.
2016-04-18 02:56:34
15
Miscellaneous Legal Query
37,626
[Ontario] Should all evidence be submitted with plaintiff claim for small claims court and what s the limitation for employment wages?
i.e If the judge during trial asks something could I be like blahblahblah I have xx right here and give have someone give it to her? It s not really something I would bring up beforehand since it has to do with limitation. In the guide it says Keep your originals because you would likely need to hand them to the judge does that mean I can add stuff?... Do I give all the evidence to the defendant right away when I serve them? Also is limitations set by law or by small claims court? And do I submit all evidence(that I currently have) with the plaintiffs claim? I consulted with a law firm and they said submitting all evidence for a normal case in Superior court would be xxx of evidence but they weren t sure about small claims. I ve tried asking law firms ministry etc but no one has really given me an answer.
2015-09-17 19:05:09
5
You ve been asking the wrong law firms then. Many do lots of things in small claims court. The local law school will likely have a legal clinic where they can help you out too. The answer you want is in the [Small Claims Rules](http: www.ontario.ca laws regulation 980258). Specifically you want Rule 18.02: &gt A document or written statement or an audio or visual record that has been served at least 30 days before the trial date on all parties who were served with the notice of trial shall be received in evidence unless the trial judge orders otherwise This means you should give copies to the other side in advance. It doesn t have to be at the same time you serve the notice of the claim.
2015-09-17 20:08:11
3
Legal Representation Challenges
24,285
I Employee at a bar am accused of coming onto problem patron via Yelp after banning them for repeated problems. What if anything can I do to get it removed?
I am a doorman in California and have been so for 8 years. I was forewarned by a colleague from another bar that this problem patron was to be watched carefully because they had been permanently banned at their establishment. The first incident at my bar happened just before thanksgiving it involved her flirting with a pool player in the absence of her fiance after her fiance arrived it erupted into a domestic issue and I asked them both to leave. I made it clear that both could no longer be in the bar at the same time hoping to curb the domestic issues. About two weeks ago she came in again during the bartender shift switch I was also coming on shift. As she sat to be served bartender-1 who was getting off shift pulled me aside and told me of an incident he had with problem patron at his other workplace that resulted in her getting banned from yet another bar. Bartender-1 told me he did not feel comfortable with her in our bar and recommended we ban her immediately I agreed. I approached her and told her to accompany me outside. Once outside I explained that I was given new information about her behavior at another bar. I also explained that my bartender did not feel comfortable with her there and as such she would no longer be welcome at our establishment. As expected she suddenly began yelling and screaming at me to which I just walked back inside. A week later I was told of a negative review of our bar on Yelp where she claims I came onto her and that she rejected my advances basically painting me as a predator even using my name. What if anything can I do to get it removed?
2020-01-13 21:12:45
21
You (well the owner) can leave a reply to the Yelp review with your side of the story. In theory if you were to suffer some economic losses due to this review (like if you were fired) you could sue her for the value of those losses. The key would lie in how exactly she phrased her reviews. She s free to write the truth as well as any matter of opinion. So she can say you re a big jerk that smells bad but she cannot present a falsehood as fact.
2020-01-13 21:21:12
16
Miscellaneous Legal Query
125,917
Written contract not being honoured
Ok I ll sum up some in the first paragraph. Then flesh it out if anyone can maybe help. I am Canadian I bought a purebred dog from a breeder in Illinois. I have the Emails leading up to the transaction the money transfer with the breeder named on it. A signed contract and a bill of sale. Also the customs report from the airport. I paid in full with the promise of a papered purebred animal. I received my female pup who is healthy and happy. But no papers. I have tried to get the breeder to send me documents but now she won t even return my calls or Emails. I have come to believe this dog is either in bred or from a puppy mill. She is a good dog and is part of the family. But I want to know how I can move forward getting the proper documentation or my money back from the breached contract. Thanks in advance
2019-03-11 19:10:26
6
You could potentially sue the seller in small claims court. Depending on how much you paid for the dog this may or may not be worthwhile.
2019-03-11 19:23:17
5
Legal Battles Over Stolen Dogs
106,884
Bitcoin company Coinbase took my $50 000 wire and seems to just be keeping it. Missing money..
Hello everyone I am invested in crypto. I ve done deposits of 10k+ with coinbase several times in the past. This time unfortunately things have gone much worse. On December 12th I wired $50 000 from my bank account (I am located in the United States) to Coinbase. On the deposit page it says.. &gt PROCESSING TIME &gt Bank wire transfers may be credited to your GDAX account on the same day if submitted by 1:00pm PT. Otherwise funds will be available after one business day. That day the money never showed. The day after that nothing. I ve sent emails to support and continue to email support but get no reply as to the status of my funds. Email support is worthless as is telephone support. Essentially nonexistent. The only reply I ve gotten is from a moderator on the coinbase subreddit. I ve sent IMAD numbers scans of the wire documentation but again this gets me no where. On r coinbase and r GDAX you will see there are dozens and dozens other people with missing deposits and missing withdraws. Coinbase is located in San Francisco and I am not. What is the process I need to take to take legal action against them in hopes of recouping or encouraging them to locate and give me my funds? Do I need to hire an attorney in San Francisco or can an attorney local to me handle it? Any other advice would be greatly appreciated. Thank you.
2017-12-29 20:15:07
37
You re putting the cart before the horse here. There s no need to sue them yet. Ask your bank to trace the wire. Make sure you used all the correct info to send the wire and confirm with the bank that it went to the account intended. Then send Coinbase the results of the trace and see what happens. Also keep in mind it s the holidays and they have been severely backlogged. There s a good chance there is just a processing delay and your account will be credited eventually.
2017-12-29 20:23:50
64
Miscellaneous Legal Query
73,963
My sister s neighbors are killing the plants in her fence and refuse to understand boundaries.
I posted this as a comment in another thread and probably should have just posted it like this to start with. My sister has just today actually had her neighbor kill some plants she had bought and had grown in and around her side of a fence she shared with a neighbor. They were caught on video doing it by two different security cameras we have. They have been trouble since she moved in. First claiming ownership of the fence (which we disproved) then they tell us they had a right to use a gate the former owner had put in to let them get basketballs out of the then owner s yard after she put a lock on it when that wasn t good enough we hired a fence company to take the gate completely out the previous owner showed receipts of having it put in and there is nothing in the deed about an easement for those neighbors to have access to the yard the line of demarcation (is that the right word?) is 6 on their side of the fence. To clarify we have our yard the fence then another 6 before the marker appears. The man of the house (he doesn t live there and is a trooper for a neighboring state. Whose laws restrict him from having an address in a neighboring state.) sprayed the fence line with gly4 (A fuck-it-all weed killer) so that everything on it died he threated to shoot her dog the first day she stayed there because it barked at him (I m not leaving out any details. That s all that happened.) behind her fence and then ran inside to get away from the loud scary man (he is a big dog and a Rott so that makes him scary but he has never been off-leash and never hurt anyone or anything. He s also overweight to an unhealthy degree. He would lose steam after a block if he ran after you but I get dude didn t know that. That doesn t give you the right to go and threaten a dog because it started you by barking.) and he only barked at him because he was mowing his yard after dark. Is there any recourse that would tell these people Leave us alone it s not your fence quit killing our plants and fuck off. ? The house and lot my sister lives in had sat empty for years before my parents bought it. It was overgrown and looked like a forested lot. Now it s really nice looking and to show how much better it looks her neighbors across the street have complimented her on the work she d done. The side neighbor said her plants were tacky prior to killing them. Part of the reason she d left a bit of honeysuckle was to keep the privacy it gave between porches. That was the main thing they sprayed. They had been driving through her yard after she told them they couldn t use the fence to access her backyard whenever they wanted for any reason. They evidently wanted to believe her yard was theirs as well. So she put up a fence in the front to keep them from driving through the yard next to the road mainly behind the mailboxes and this was the wrong move. As we were working on the 6 high fence the lady of the house came screaming past us and was uncomfortably close to us as we passed. She got out saying I m tired of you putting up all this tacky shit! I just came from the city and they said they owned the road up to X amount of feet and that you ll have to move this stupid little fence... my sister just laughed and said If they ask us to move it we will but we ll just put something else here so you can t drive through my yard. the ladies denied she d driven through the yard. My sister then pulled up the pictures that showed a set of tire tracks going from their drive to the road crossing our property. It s been something at least every other week with them. I swear to you this is the internet people lie I get that but my sister is like the best tenant you could ask for. She stays in the house except when she goes out to keep her yard mowed weedeated. She has improved the look and value of her property by a metric ton. The only thing she has that might even be considered irritating is has a big dog but he stays in the house 90% of the time and rarely barks and if he does it s only for like a minute. I ve lived next to dogs that will bark from dark till... well dark. They seem to have no idea how shitty neighbors can be and are only judging her based on not having anyone next to them. All she wants is peace. That s it. They stay the fuck on their side she stays the fuck on hers and doesn t kill the shit in her fence but if it droops over to your side cut it back if it bothers you as the law allows from my understanding. She s not unreasonable and is getting angry now as opposed to irritated and I want to help her but don t know what to tell her to do besides get the police involved. Yet where he s a trooper I feel it will cause her more problems than it will them. Does anyone know what to tell her? Without getting more specific this is inside the city limits of a small town in KY if that helps. I get this is rambly and once I calm down I ll try to rewrite it. I m just looking for anything here. If you need information let me know. I can maybe PM more personal stuff or whatever is appropriate for the sub.
2019-07-15 20:41:14
11
If you have video recording of the neighbor in the yard killing the plants file a police report and press charges. Also call the police everytime they trespass or make threats. If they persist in harassment keep a journal with dates and descriptions of all occurrences. And save all the security footage. They could be a long term headache which you have to sue in court eventually.
2019-07-16 06:23:09
2
Neighbor Property Line Fence
115,765
(Massachusetts) my landlord moved in his pregnant girlfriend and her mother.
I have a somewhat unique living situation. My girlfriend and I moved to the city and singed a lease to rent a bedroom in a 3 bedroom house where the landlord lives in another bedroom. The third bedroom has another tenant. We were told his girlfriend would be moving in with him in a few months. One day she shows up and is obviously pregnant. They are adding a bed to the living room for her mother to live with them. Essentially I was given no prior information about a newborn or the woman s mother living in the common space. I can only imagine that the house is going to become very crowded and very loud and at this point all we want to do is find another place and get out asap. **Is there anything we can do to break our lease once we find a new place?** We are lucky to be month to month but we are contracted to give notice before terminating the lease and the landlord has a security deposit and last month rent as potential leverage if we try to skip out sooner than 60 days.
2016-04-11 02:08:46
15
If you re just renting a room and your lease doesn t guarantee anything with regards to the common areas I doubt you d have any recourse here.
2016-04-11 02:10:55
23
Landlord Lease Deposit Disputes
37,131
I have been given a reminder through email of prohibited conduct and threatened to be fined by my landlord?
As email states: &gt 13. PROHIBITED CONDUCT: You agree that the posting of information critical to us on an internet site without the benefit of a reply will cause us and our reputation damages which are impossible to calculate and that we shall be entitled to liquidated damages in the amount of $500.00 for each individual posting on an internet site to compensate us for those damages. If any reviews about this place were made at all it was on a website with full access to reply as a landlord. Is this some empty threat? I havent even been sent any clarification on what they were referring to. I ve never been fond of forced positive reviews anyway nevermind being threatened with a fee for reputation damages that couldn t be proven otherwise.
2022-10-31 16:39:27
104
What state are you in? That provision is merely unenforceable in any state but some states have laws that punish companies people for even having it.
2022-10-31 17:13:29
107
Review Retaliation Threats Analysis
163,121
Online harassment
In February of this year I posted a video of three of my puppies playing together in a Facebook group dedicated to raw fed dogs and their owners. Someone apparently decided that three puppies plus the WALLS being those of the 30-something-year-old rundown place I rented back then meant I was a hoarder. They dragged my name through the mud going so far as to create a Facebook group dedicated entirely to harassing me and keeping tabs screenshotting everything I ever posted and putting their own spin on it. I m not even in the US and they went so far as to troll local groups in my mother tongue posting the automatic translations as confirmation that I m somehow an animal abuser. Pictures of my puppy? They d claim she was yeast and piss stained and the house looked disgusting even when it was very clearly clean. Screenshots of a dog in whose rescue I participated but I never owned her? They claimed that was my dog and I put her in the state she was in even after I provided multiple links and proof that I only assisted a local rescue in helping her. Videos of my pups playing? They d claim they looked sick and scrawny. Mind you my pups get regular vet care raw food they are trained in obedience and worked which is more than most people in my country do for their animals. My cats are also indoor only. My animals are kept in great conditions and my vet who comes to my house to see them can vouch for that fact as well. They are also not bred of my dogs only two are possibly breeding prospects and will not be bred unless and until they pass all health testing relevant to their breed. I ve posted proof and since many of the people who were formerly harassing me have apologized. Some of them have even become some of my best online friends. But one in particular refuses to quit. After the admin of the first group apologized and changed the name of the group to try and stop the harassment this person s friend remade the group into not one but two groups. She made this person a moderator and this person (we ll call her Jen) began going after me in earnest. Even people who didn t know anything about me reprimanded her for her childish behavior after openly admitting that she would never stop stalking me so she could catch me the next time I f\*\*\* up and that I will always be trash in her eyes. It turned into a bit of a crap show with things getting heated on both sides with my friends defending me and this person stalking me from group to group screenshotting everything and taunting me on my every post. Jen went so far as to make up a fake email address claiming that was her lawyer and she would sue ME and my friends for harassment . Of course I saw through it right away. But I was genuinely tired of her mud slinging by that time and since I have her full information I contacted a law firm in the US. They told me I did in fact have a case against her but imagine my surprise when they said they wanted a retainer fee of $20 000 plus $500 an hour. Now I m not in the US and I m not a wealthy person most of my earnings go straight to my dogs and even if they didn t the currency exchange rate is prohibitive. I want to put a stop to this person s antics and those of her friends who are following her lead by extension. What legal recourse do I have that won t cost me an arm and a leg? Any tips please? How can I stop this person maybe give her a cease-and-desist order? &amp #x200B She is in Texas I in Mexico. &amp #x200B P.S. She also made a MediaFire about me simply storing every screenshot of every single post I ve made since well over two years ago. I contacted MediaFire and it was taken down only for her to remake it though now she does not publicly share the link for fear that I will report it again. &amp #x200B P.P.S. I ve reported her fake profiles her posts her comments and her hate group to Facebook and it is never removed. I ve also blocked literally dozens of her friends but they keep coming and sending her screenshots. She also has multiple fake accounts of which I ve found and blocked two but she has by her own admittance at least two more. She s like a spider. I had to deactivate my main account and change to another one due to all the harassment but she found me there too. I just want to be able to post and comment in peace and not be falsely accused of things I did not do. Especially as I have the proof.
2018-10-13 00:36:30
7
If you block this person they can t see your postings.
2018-10-13 00:38:20
5
Miscellaneous Legal Query
94,074
Social Security Office Ignoring Court Order (TX)
A great thing happened recently - I was able to adopt my foster daughter! With all of the paperwork surrounding the adoption one odd item came up that I would like to better understand. In the Order Granting Adoption (the official court record which was notarized at the courthouse before I left) the judge made a few orders in addition to the adoption: to change her name to get a new birth certificate issued from the Dept of Vital Statistics and to get a new social security number issued from the Social Security Administration. The actual text is: The Court finds that it is in the best interest of the Child for the United States Social Security Administration to assign a new social security number for the Child. Therefore IT IS ORDERED that the United States Social Security Administration assign the Child XXXX a new social security number upon application of the Petitioner. (The upper-case was printed that way in the order) However the SSA denied my request for a new number and only updated the name. My concern is that my daughter s birth mother has the original social security card (with the old name but same number) and will use is nefariously. What can I do? I am based in San Marcos Texas.
2016-12-07 01:55:43
5
How did you make the request for a new number? Although on the face of it it s not up to a court to make such an order (there are specific reasons for getting a new ss# and fear that a former parent might use the number isn t one of them).
2016-12-07 02:08:24
6
Legal Name Change Issues
49,922
[PA] Best options for legal asset protection?
As the title suggests. I am wondering what the best options to protect my assets are. A holding company? An irrevocable trust? Something else? Background: I work in an industry that has recently seen a big big increase in lawsuits. Recently a friend at a different company (but same industry) was sued and pretty much lost everything. Now I am not doing anything shady (neither was he) and I obviously don t plan to get sued but bad things happen to good people. I want to try to minimize the damage ahead of time. I also fully intend to find and speak with a lawyer about this obviously but I want to do some research myself so I m not going in blind. I understand a trust would have to be irrevocable to be effective though I m not quite sure what that means? I ve heard people talk about holding companies but I have no idea how that works at all? Any advice is appreciated...
2017-06-27 11:14:52
8
The basic things to do would be things like: 1. Insurance - Buy both insurance to cover your professional liabilities and an umbrella policy. I am not sure whether your friend was adequately insurered but there are relatively few industries where an individual will end up being personally liable for more than 1-2M in damages without explicitly wrong another person. I imagine even in those industries medicine comes to mind the answer is to buy adequate insurance at higher policy limits. This would be the first step I would take. 2. Business Formation - If possible I would organize in a way that limits your liability for the debts obligations of the business and its employees. As a professional you may not be able to limit liability for your own acts or those you directly supervise but you can often limit your liability for your partners other employees business debts etc. 3. Consult a lawyer. If millions in insurance and business formation cannot address the issues you are concerned about I would sit down with an attorney to address them more fully.
2017-06-27 11:25:02
6
Miscellaneous Legal Query
61,877
Restaurant closes shop without notifying employees. Owes 1-2 months wages owners end up opening other restaurants.
The general manager kept promising to sue his partners over this matter and has said several times he would follow up with employees but never keeps his word. It has now been 4 months since this occurred. Nothing has happened. Not even a courtesy phone call. From my quick research it looks like taking them to small claims court as a group would be ideal? What does r legaladvice suggest? These scumbags don t deserve to get away with this. EDIT: This is in Florida.
2015-03-09 02:55:59
38
You didn t provide your location. In the US most States have a Dept of Labor that will investigate unpaid wages claims. Are you saying the employees worked for 2 months with no pay? Also if you are in the US these workers should file for unemployment immediately.
2015-03-09 02:56:48
33
Miscellaneous Legal Query
14,489
Can my dad hold on to a power tool that was stored at his house that is not his?
My friends did metalworking in my dad s barn after he agreed to let us use it for that. We never signed a contract or agreement it was just a verbal “keep it clean and you can use it just don t take anything” agreement. A few years pass and he gave us 60 days to get all of our stuff out of the barn. A lot of us are very busy and we were able to get most of the stuff out of the barn but not all of it. My dad is holding a power tool of ours until we get everything else out of the barn. We live in Michigan and I am not sure the laws and rules on this sort of thing. Can he legally hold onto until we move all of the stuff out of the barn or can he not because the item is not his to begin with? Edit: if I am missing anything just let me know and I will tell you.
2019-12-16 02:55:41
5
Sounds like he just wants your shit out of his space. I feel bad for him for NEEDING to take collateral. Can t blame him for using whatever leverage he has. Do him a favor and vacate his space he s given you plenty of notice.
2019-12-16 03:14:37
12
Miscellaneous Legal Query
124,454
Tenant shot multiple arrows into exterior door- refusing to pay for replacement only for a patch job
Our former tenants shot arrows into an exterior door admitted to doing it and didn t tell us for two years and now is refusing to pay for replacement only wants to pay for a patch job. We only found out about the damage when the new tenants moved in. He claims that we overlooked it so it s our fault. They should have disclosed it instead of hiding it. We have multiple contractors that have said that it needs to be replaced but this guy is fighting it. I don t feel like we are asking too much. Since in the lease agreement and tenancy laws- you are supposed to return the property back in substantially the same condition that they entered it. There were not arrow holes in my door when they first moved in. I don t know what else to do. It s a half million dollar house- who shoots arrows in it?! the house is located in Alaska.
2020-10-19 00:32:25
16
Property manager here but not in your state. This was deliberate damage from your tenant to the property. Replace the door. Send them the bill then if (when) they don t pay it either file in small claims or just report it to credit agencies as an unpaid debt.
2020-10-19 02:06:09
21
Landlord Lease Deposit Disputes
138,311
[AZ] I cosigned an apartment lease for my aunt lease was completed. Saw credit report today that they hit me with $2k bill that s now in collections.
My aunt continued to stay there on monthly basis for two months after lease ended. I never signed anything after the original lease. From what I ve been told by Aunt she didn t owe anything else from those two months even if she did does my responsibility not end when the lease does? My first action is going to be to send a certified letter to collection agency. Should I dispute the charge with Experian now or should I wait to see how the certified letter goes first? Should I wait before contacting apartment manager to ask for ledger? Thanks for any info.
2016-03-24 15:03:02
38
No the lease likely contained language extending the lease terms and conditions automatically upon expiration unless proper notice to terminate is served. You can dispute the charge all you want but you re likely on the hook here.
2016-03-24 15:13:12
39
Landlord Lease Deposit Disputes
36,187
Are the police right or wrong here?
This happened recently to my friend in a midwestern city: Late night she s in bed and her newly adult daughter is getting ready for bed both wearing t-shirts and panties to sleep in. Suddenly one notices cop staring in their window. There were several more officers outside looking for a person who is unknown to my friend. She has owned her home for several years. When she voiced an objection about how things were handled she was told Well we re the police it s not like we re here to hurt you. They said they were looking for the person regarding a violence charge that is a class A misdemeanor. Is this a violation of 4th Amendment rights or no? Any other thoughts? I don t have a lot more details. I told her not to talk to police (they are wanting her to come talk to them even though she already talked to the one who did this and his commanding officer without even so much as an apology.) I do know the person they re looking for has gotten some government mail (warrants) sent to her address also but her attempts to reach the prosecutor have gone unanswered. ETA: I d specifically like for any legal references if anyone has any please! ETA: Kansas
2018-09-20 18:09:39
22
Cops aren t allowed to press their face up against your window absent a fourth amendment exception (i.e. hot pursuit) as that would involve infringing on curtilage (basically the area around immediately around your house has some level of fourth amendment protections literally to stop police from doing this sort of thing). *Florid v. Jardines* 569 U.S. 1 (2013). Plain sight only applies to what an officer would ordinarily be able to see while approaching your door along the ordinary route one would take to do so. That said the remedy is that any evidence gathered by such an infringement is thrown out. So yes your rights were likely violated but there really isn t a remedy. You can file a complaint if you want but don t expect something to happen.
2018-09-20 18:32:25
30
Miscellaneous Legal Query
92,193
Has my stupidity cost me?
A year or so ago we sold my girlfriends HHR. It was on its last limb and sold it to a family who told us they were going to scrap it for parts. Here s the kicker: we forgot to take off our license plates when we sold the car. Fast forward to today and we have received a towing bill from some random police department who found the car on the side of the highway. Now for the twist: the car that was towed isn t the car we sold the family a year ago. Different color and different VIN and we can prove it. So my question is: will it be worth it to fight and try avoid paying the towing bill? Or since the plates on the car are technically ours are we gonna be stuck footing the bill? Edit: I forgot my location. Kansas City MO. The Kansas highway patrol is the law enforcement agency who is billing us.
2019-03-31 13:19:20
87
What you want is proof you sold the car. Did you write up a bill of sale?
2019-03-31 13:49:43
94
Miscellaneous Legal Query
108,319
FL Is it legal to be kept from the bathroom?
So this my be a weird question but I wanted to know if it was legal to be locked out of the only functioning restroom in the house for over 15 hours at a time? Thanks
2016-04-19 19:39:13
7
You need to provide more details. Is this your house? Owner or renter? Why were you locked out?
2016-04-19 19:39:46
10
Bathroom Break Restrictions and Rights
37,744
[Oregon] Mother wants my social security card back. Is that normal?
I m 19 and moved out of my parents house and I just got my first job that requires an SS card to set up employment. Til now my mom had apparently kept my card in a safe deposit box (I didn t know because I ve never needed it for anything before so it never came up) so I asked her to take it out for me. She did and I filled out the paperwork but now she wants it back saying it s for her records . I didn t give it back as it s my understanding that someone s SS card is solely their property and nobody else should really have a copy so now she s pissed at me. Is my understanding correct and she doesn t have a leg to stand on in demanding it back? (It s a card she ordered for me when I was a baby if that makes a difference.)
2015-08-11 04:44:04
7
The card is yours. She has no legal right to it.
2015-08-11 04:49:06
29
Miscellaneous Legal Query
21,949
Leaving startup and they are asking for a check in damages? [CA]
[CA] I accepted an offer at a startup and sent my resignation at the large company I was working at. My last day at the large company was in 4 weeks. The startup knew this yet set my start date in two weeks. They shipped me a laptop and added me to their codebase so I could start ramping up. The large company offered me a better package 3 weeks in so I elect to stay and send my resignation to the startup. They are now asking me to pay for the laptop and health insurance they paid for the next month which hasn t started. They claim that they can t repurpose the laptop and that it was specifically ordered to my spec (it is a vanilla Macbook) so I need to send them a check for it... I sent them an email saying that I will be sending the laptop back - no response. I sent it a couple of days ago and the tracking info says that the 1st attempt was not successful. My question is is there anything else I need to do? I d like to forget about them and move on.
2017-03-31 06:44:31
11
You signed absolutely no employment contract correct? At will employment means you can quit a job at any time and your employer can terminate your job at any time for any reason that is not illegally discriminatory. You don t owe them for the laptop or insurance. I d send them the tracking info for the laptop that was shipped back and keep an eye on it while delivery is being attempted.
2017-03-31 08:42:26
8
Fraudulent transactions via hacked account
57,091
Goldman Sachs (Apple Card) Is Holding Me Responsible For Fraud... What Do I Do?
**UPDATE\*\*\*\*: I received an email from the CFPB that it s being worked on. Since I received no callback from GS yesterday I called again today and was finally transferred to someone who let me know that because I submitted this complaint it s been escalated higher. I expressed my frustrations around lack of communication lack of receiving any evidence and just overall how this is being handled and she graciously offered to call me back every day until this is resolved. I take that with a grain of salt but good to know the CFPB complaint actually did something.** A few weeks ago I posted [this thread](https: www.reddit.com r AppleCard comments oftodx goldman_sachs_is_saying_that_i_spent_over_900_at ) where I explain that Goldman Sachs is holding me responsible for a $930 charge that was made at an Apple store with Apple Pay that I did not make. The three devices registered to Apple Pay were on my person in the woods in PA camping. Not near an Apple Store. Up until now I ve never experienced LESS professional service from a major company and this has been a complete nightmare. The timeline thus far: * May 30th - Transaction occurs (about) $930 at an Apple Store using Apple Pay * June 1st - I report this transaction as fraud via the iMessage chat line. My account is credited. * July 7 - I receive an email saying the transaction was not resolved in my favor because I failed to provide additional information . I call and explain that A. I was never contacted and B. I can t provide information for a transaction I didn t make. The specialist looks into the history and realizes that I am correct. I was never contacted and this is an error. They re-credit and re-open the dispute. * July 7 (yes same day) - I receive an email saying the transaction was not resolved in my favor because the merchant already provided credit . I call and explain the credit that was issued was by GS and therefore not the merchant. They say sorry we messed up and re-open the dispute &amp credit. * July 12 - I receive an email that once again it was not resolved in my favor because the merchant provided sufficient evidence . I ask for the evidence and to re-open the dispute. They cannot re open the dispute but instead open an investigation. My account is credited. They say they will send me the evidence via email shortly and that an investigator will call me that week. * July 19 - No email is received so I call back again to request the evidence. They say we don t send that via email and say it s currently in the mail. I wait. No contact with anyone. * July 26 - No contact no evidence via email or mail. I call to find out the status and get transferred 6 times. Finally talk to someone who says the dispute is closed and they may never have actually let me know but still sees a case open. He says he needs to transfer me to the **advocacy** department to finalize everything.I get transferred and speak to the highest possible manager who lets me know that as of right now I could still see that charge on my card. At this point I m fed up and ask what I can do from here. She says she ll call me back with more info shortly and to see if they can email me the evidence. I ask to be escalated further and she says she s basically the top person and there is nobody further. I clearly have my doubts that she ll actually reach back out to me and she would not give me her direct line. * July 27th (Today) - Surprise I never received a callback yesterday. Unsure of what to do from here on out. At this point I don t know what to do. If the charge doesn t come back I ll be extremely happy. But I just frankly CANNOT and WILL NOT pay $935 that I didn t actually spend - Goldman Sachs has been incredibly unprofessional with false promises - between the promise of contact &amp getting me the evidence that s being used against me in a timely manner. Where I stand: Right now the charge isn t on the card. Depending on who I talk to on the phone some specialists say it s over and the charge won t come back and that there s no longer any pending disputes. Some say I should expect it on my next billing cycle and that there is a pending case still open. If I need to keep asking them to rectify the damn case until I die to keep the money off my count I will I just refuse to pay close to $1000 that clearly went into someone else s pocket. I want to close this card and be forever done with it but don t want to risk something going to collections and potentially harming my excellent credit score. The incompetency on their part is astonishing. Does anyone have any further suggestions? I ve filed a complaint on the 12th with the CFPB but haven t heard back. I no longer know who to try to get in contact with.
2021-07-27 13:43:15
6
It sounds like you ve done all you should at this point.
2021-07-27 13:55:09
11
Fraudulent transactions via hacked account
148,172
What can I do about an abandoned house with possible code violations next door to me? [WA]
Spokane city limits WA Shortly after I moved into my house the lady next door passed away. Apparently now nobody wants the house (this was all the info I could get) so it s sitting abandoned with boards over all the doors and windows and official city signs saying do not enter or occupy all over it. To complicate things there s an addition to the house that looks to not be up to code. Made with plywood siding weird roof and other things. This addition sticks out of the side of the house and comes right up against my property line. I m 90% certain based on the diagram of the lots I got in my closing docs that this addition is not actually on my property but I also have not had a professional survey done to know for sure. So what can I do about this abandoned house? If I called the city code enforcement to mention this addition what would they likely do? Does the city own the house now since nobody is claiming it? Is there any chance they d tear the house down? Try to sell it? And if I take matters into my own hands and call some city department about this is that smart? Should I be involving myself at all or just sit tight and see what happens? It s been more than a year and nothing has happened so I don t know if anything is happening at all or if it s just moving really slowly. If they tore the house down leaving an open lot would that be better or worse for me? I m worried about things like property values crime homeless population etc. Thanks for any advice people have about next steps I might take or advice to just sit tight and let things run their course.
2017-02-09 23:49:00
9
My experience isn t in probate but it s entirely possible that if she had heirs they could reject the property. It would also depend if she owned the property outright and if there are liens on the property. From what you describe it sounds like the local authorities are taking the situation seriously and may have condemned the property. As for your concern about the property boundary it sounds like you need a survey. It s entirely possible that absent a recent metes and bounds survey that she encroached onto your property with the addition or worse acquired adverse possession of your property depending how long the structure was there. County GIS maps are insufficient for making this determination. For a few hundred dollars you could get a licensed surveyor to tell you for certain.
2017-02-09 23:56:20
6
Miscellaneous Legal Query
53,932
Can I rent a house to my daughter s stepmom under section 8?
We all live in Colorado. I have one child (a daughter) with my ex-husband who has EOWE visitation with her. Ex-husband got remarried to another woman (Wife) about a year ago. Wife has three children and was on the section 8 waiting list for a long time. Her turn came up last month. (I know section 8 is technically not called that anymore.) Ex-husband and Wife asked if they could move into my rent house (which is an hour away from me and currently empty but ex-husband crashes there from time to time and takes care of it) and pay me rent through section 8. Ex-husband and Wife are now on the cusp of divorce and wife still wants to move in with her kids. I was looking through the HUD guidelines this morning and it sounds like it may not be legal because Wife is an immediate family member of my daughter by marriage. Wife says she explained the situation to her advocate and advocate says it is fine and no big deal. I will call whoever I can find to call on Tuesday but in the meantime the law reads to me like it is NOT legal and therefore welfare fraud if we proceed. My questions: Under HUD guidelines would it be legal for me to rent the house to Wife (daughter s stepmom) and her three kids? Under HUD guidelines would it be legal for me to rent the house to Ex-husband Wife and Wife s three kids? Under HUD guidelines would it be legal for me to rent the house to Wife if she became an ex-Wife and was no longer legally my daughter s stepmom? (I m only asking because they are on the cusp of divorce and she might ask me again in the future. Her deadline to find housing is weeks away so there is no time for divorce for the purpose of this situation nor am I interested in me or them doing anything to circumvent the law [or appearing to do anything to circumvent the law]).
2016-09-03 17:44:32
15
Its never a good idea to rent to family or friends. I have seen this fail many times costing the property owner lots of money and have seen it work exactly 1 time.
2016-09-03 23:32:51
13
Custody and Visitation Disputes
45,106
My job coaching client s adopted parents are withholding his birth certificate. (We are in Kansas his parents are in Missouri) (ex-post to r socialwork)
My 18-year-old client ran away from his adopted parents recently. He said they were abusive. His case manager called his adopted mother and asked for our client s birth certificate. She said he has to look for a job to prove he wants his birth certificate. Case manager told Mom. Mom then kept on flipping between she was going to come down to our homeless shelter to deliver the birth certificate she wanted us to drive him to Missouri to pick it up and she was just going to mail it. Eventually she apologized and said she keeps equivocating because she is 8 months pregnant and feels hurt because she did a lot for her my client but he ran away and that we can come and pick his birth certificate up. My client s case manger texted her to schedule a time and she wrote back Please stop contacting me. The case manager contacted our client s dad who said he would send the birth certificate in the mail because he is tired of their adopted son playing games with them about whether he was going to come to pick his birth certificate or not (even though clearly the adopted parents are playing games). Since the son is adopted (from Pennsylvania) it will take a lot of effort to get a new birth certificate. What should we do?
2016-05-05 14:42:11
7
&gt Since the son is adopted (from Pennsylvania) it will take a lot of effort to get a new birth certificate. What should we do? Start that effort. It s assuredly less time effort and money than a lawsuit and it has a better chance of success.
2016-05-05 14:43:41
20
Miscellaneous Legal Query
38,765
Collision At Fault? (MA)
hi guys so this just happened to my sister. sorry for any formatting grammar as im on mobile. she was pulling into a parking spot and the car next to her opened their door into the parking spot while she was pulling in. she ended up hitting the person s open door. who would be at fault in this situation? her car was completely in between the lines of the spot and the other car opened their door into the spot next to her. thank you!
2019-10-15 16:07:14
6
Slight differences here per state so we ll need to know the state the accident occurred in. Was there a police report? Possibility of camera footage in the parking lot? &amp #x200B While I agree it could go both ways depending on the availability of footage angle of the impact (did the door hit the car or did the car hit the door) your sisters insurance company company will likely just accept liability and move on. (assuming its not a crazy repair figure)
2019-10-15 16:27:51
3
Miscellaneous Legal Query
121,288
(WI) Am I allowed to ask a cop to stop sitting in my privately owned business parking lot because he s loitering?
My friend owns a business near a speed trap. Recently cops have been hiding in his parking lot and ever since they have business has gone down.
2021-04-20 16:59:06
225
i wouldn t phrase it like that. call the station and speak with a chief (if small department) or one of the higher ups if a larger department. let them know it is effecting your business and you prefer them to not sit there.
2021-04-20 17:06:45
369
Miscellaneous Legal Query
144,528
Dog and I attacked by 3 off leash dogs(OH)
On 11 01 2022 I had gone to take my dog on a walk leashed to go potty. We were walking behind my rental unit past a house that doesnt have a fence when three unleaseh pittbulls ran out of their yard and started trying to rip apart my dog(pitt-boxer) their owner and I spent about 5-10min trying to fight them off of my dog. My dog was severly injured($1500+ vet bills) and I am waiting on my hospital bill to arrive. In terms of who to take to court do I file against the dogs owners or the owner of the house(its a rental)? If the cost of vet bills medical bills and lost wages falls below small claims amount do I need a lawyer? Location: Montgomery County(Dayton) Ohio
2022-11-05 17:04:59
65
First step is to report it to the landlord. The homeowner s insurance policy may have coverage for this though I m not entirely sure it applies to property damage (pets are considered property under the law) as opposed to medical payment benefits for a human injury. If insurance covers or the landlord does out of pocket that would be the quickest and easiest solution. Have you spoken to the renter about it? This would be another avenue to a quick and easy resolution without having to file. If nothing happens sue both the renter and the owner. I m not licensed in OH but most negligence liability is standard across the states. Owners of renter homes or borrowed cars are liable for the negligence of renters or drivers. Obviously the renter is directly liable. Owner is vicariously liable. I always encourage people to hire lawyers as pro se litigants are treated no differently than lawyers as far as being required to know the rules and the law. As the plaintiff it s your burden of proof and the case could end up getting dismissed on a technicality. That said you can probably find forms approved by your state Supreme Court online to do most of what you need to do. Sort of takes the guesswork out of pleadings which is hugely helpful. If a lawyer won t take the case for an amount you re comfortable paying (whether hourly or contingency) you can try to do it yourself. Even if you mess up you should get a dismissal without prejudice meaning you can try again as long as you re within the statute of limitations (usually 3 years after the harm for general negligence). You can only lose for good if the case is dismissed on substance. As a final note in most jurisdictions companies are not allowed to be represented by non-lawyers and lawyers are not allowed to practice in small claims court. The landlord likely has an LLC meaning if you do sue the case will be removed from small claims (I believe you can start there and get it transferred without issue) to general civil and the landlord will have to be represented by a lawyer which is going to make it a lot harder for you.
2022-11-05 17:36:12
35
Neighbor Dog Attacks and Injuries
163,273
Friend (17) got kicked out of the house. What are his options?
He ~~has till 5pst to pack and leave~~ is currently out of the house whereabouts unknown. We both live in Canada. He has no place to stay nor does he have money for food. He is still in high school.
2014-01-02 22:22:38
6
What province are you in? Age of majority varies by province. Although none of them are lower than 18. He should call the police and they will tell the parents that they can t kick him out.
2014-01-03 00:16:00
11
Miscellaneous Legal Query
4,809
Child support fraud?
I received a levy from a court saying they were going to start taking money from my paycheck. Thing is it is from a court in Illinois which I have never been or lived in and I Definitely have not had a one night stand or was with anybody during the alleged child was born. I live and have always lived in Dallas Texas. I received this levy yesterday and the paperwork says that they will begin removing money 1 to 2 paychecks from when I received the notice. First how do I stop them from taking my money? Second how can a court issue a levy without prior contact to me? Third can I sue the individual who is doing this for some sort of fraud?
2014-11-11 14:29:19
25
You need to contact the court immediately and figure out how you can contest the levy and the paternity determination. It s possible that they are after someone with a name similar or identical to yours. No you cannot sue someone for fraud until you have actually suffered damages because of that fraud.
2014-11-11 14:54:04
29
Child Support and Custody Battle
10,916
DUI driver knocked guard rail onto highway causing handful of accidents
Sorry this is my first post here so I hope I m not doing anything incorrectly but... Around 3am this morning I was driving home from a friend s place on the I-5n in Los Angeles. Out of nowhere I saw what I thought was a small pile of white silver in the 3rd lane (4 lanes total). It was visible about 40 away and I always go a little slower than the speed limit because I drive an older 1980 s diesel car so I was able to make a last min decision to go around it. As I was switching to the 4th lane I heard noticed a larger vehicle (some sort of truck) on my my left coming up and trying to break. I would have completely avoided this object but it turns out that instead of it being a small thing it was actually a 30 long guard rail that had been thrown onto the highway from about 100 away by 3 young kids who slammed into it for whatever reason (they admitted to being drunk on pills and got arrested being under the influence AND transporting drugs) . What actually happened is that this guard rail was laying longways across the 2nd and 3rd lanes and I was at the tail end of it. When I was going around it this large vehicle on my left hit the closer end and shot it forward and towards my side throwing it beneath my car snagging the driver s side tires. I must have slammed on the breaks when this happened because I spun around counterclockwise a few times and ended up in between the 3rd 4th lanes straddling the line. I saw other cars trying to break before running over this rail some avoiding it but most hitting moving it around the road. I saw a car heading straight towards me so I jumped out the driver s side door running across the 4th lane and jumping the rail to avoid getting hit. Luckily the car that was heading straight at me ended up swerving out of the way at the last min and stopped on the shoulder of the exit up ahead. Long story short about 5 or so cars and I believe 1 truck ended up stopping on the shoulder ahead. My car wouldn t start because the underneath got torn out so my liquids were all over the road and the driver s side tires were completely demolished. Some passing paramedics helped move my car to the side before 911 came. No one was hurt in any vehicle. The cops took our statements which were all pretty similar seeing this rail at the last minute (because it was really dark and under an overpass + it was barely reflective at all). The CHP came by and took our statements again this time telling us that the car that caused this whole accident was NOT to blame because in this instance we the individual drivers are at fault because we couldn t avoid the road hazard which again we couldn t see. They wouldn t let us get any of the info for those 3 younger DUI ers but said once the police report is available to call them and someone might be able to help us out. The report takes a minimum of 2 weeks to surface. Are we able to band together and open a lawsuit against this intoxicated driver? Every single accident was directly related to him dislodging the guard rail into traffic. We all have each other s contacts. here s a photo of the guard rail: https: instagram.com p 7PyL5EKbCb ?taken-by=hirezach thanks!
2015-09-05 21:31:08
11
You don t need to band together. Just notify insurance and pursue the at fault driver alone.
2015-09-05 21:37:54
18
Insurance Denial Car Accidents
23,524
CA: I have water pouring out of my bathroom ceiling. Help!
I live in a first story unit with one unite above us. For the past 18 months there have been leaks from the unit above in our bathroom. They told us that it was because the children in the unit above were making a mess while playing in the tub. Eventually they did replace the ceiling. Since then there have been more leaks and they have been worse. Right now there is water pouring from the light fixture in the bathroom and from the door. I have tried to get in contact with the managers but they are not answering. I feel that they should be making a bigger effort to fix this but they haven t and keep saying that it s the tenants above us letting things overflow etc. I am extremely annoyed and stressed out over this and I just want it fixed. If it is the people above us being negligent I feel that they should be moved to a unit where they are not causing problems for other tenants. We just signed a year lease last month and I do not have the time or money to move right now. What can I do?
2015-09-07 00:26:29
5
Is there an emergency contact line for your landlord? Or is there some sort of maintenance crew or groundskeeper for the property? If so contact one of these. Any sane landlord will take water leaks extremely seriously. Water damage is extremely expensive to repair. In a worst case scenario water damage can lead to toxic mold that could make the structure uninhabitable. It is absolutely in the interest of any sane landlord to fix water leaks ASAP. This is also one of the things that trumps the normal required notification for a landlord to enter. A water leak is sufficiency emergency that no advanced notice is required. Water leaks are that serious. Fortunately for you the costs of it aren t your problem. Move your stuff away from the leak so it doesn t get wet and continue to contact the landlord property management or maintenance. Only an idiot landlord would ignore a water leak.
2015-09-07 01:42:41
10
Mold and Water Damage Issues
23,574
[Texas USA] Rental Lease of a house - Natural Spring leak in the front yard.
Hi all Looking to gather some information before I speak to my leasing agent about this issue as every repair request has been met with delays and delays. My wife and I rent a 3 2 here in a college town (July 2016 sign date) and upon moving in we had a few minor things that needed to be addressed such as the filters were nasty old and the yard was amazingly unkempt. Nothing too major except that we thought there might be a water leak from the main in the front yard as one spot had really high grass and was moist to the touch. Maintenance came out and shut off the main took a look and said there was no leak. However the spot never went away and has progressively gotten worse. It now covers about 20% of our front yard leaks into the back and there is a constant 4-5 inch puddle across the middle of our driveway that now hosts bugs tadpoles and frogs. We have called a few times and even gotten the city involved at this point. City tested the water and found no treatment chemicals and told us that it was a natural spring which being on top of an aquifer makes sense. However its gotten so bad that we cant mow the lawnmower just sinks into the mud we cant open the garage because water comes in there is literally an ecosystem growing in our driveway... Because its the terrain and not an issue with the city water or the house neither the city nor the leasing agent claim responsibility. Do I have any recourse at all or am I stuck living in a bog until the lease is up?
2016-12-18 15:46:22
17
Take pictures and email the rental agent whenever you encounter an issue. At a minimum you need to document the conditions so that they can t charge you for the lawn or damage to the home from water intrusion but if this is a natural spring there is not much the landlord can do to remediate. You can demand that they bring out a real leak detection company or a soils engineer to do further analysis but the only way for them to remediate would be to put in a sump pump or some drainage ditches to bring the water away from the front yard. In texas there is an implied warranty of habitability see this article. http: www.nolo.com legal-encyclopedia free-books renters-rights-book chapter7-2.html One approach you might take is to request that the leasing agent allow you to move to a different property instead of breaking the lease.
2016-12-18 17:14:59
14
Water Drainage Property Disputes
50,612
I m being accused of stolen valor
Virginia I routinely have people assume I m in the military. People tell me that that my short hairstyle is reminiscent of military hairstyle requirements and along with my speech mannerisms and overall demeanor I somehow give off a military-esque vibe. I live in an area with a large military presence so it s not an unreasonable assumption. Many if not most local businesses offer discounts or benefits to active-duty military and veterans. So predictably I m often assumed to qualify for them. When I m asked if I m military I m always honest and tell them no. But it s not unusual that I ll look on a receipt after a sale and see I ve been given a discount anyway sometimes even after I specifically said I m not military. Just a few weeks ago at Autozone the cashier asked me “What branch are you in?” Despite specifically telling him I m not in the military I still had a “Military Military Dependent” 10% discount on my receipt. Last weekend I had some wind-damaged vinyl siding replaced on my house and the contractor told me the price he quoted was $50 off because he “supports men in uniform”. I told him I appreciate the discount but I m not military. He told me he thought I was in the Air Force but I have no clue how he arrived at that conclusion. He decided to honor the price anyway as he felt it was bad business to retract it after the job was complete. Just to be clear I have never sought any financial enrichment from this situation. Whenever I m directly asked if I m military I always respond honestly. I don t walk around in fake uniforms Ebay medals or milsurp fatigues making claims to be in the military. Several days ago I was telling some co-workers with mild amusement about how I m constantly profiled as being active-duty military or a veteran and how businesses give me discounts sometimes even when I explicitly tell them otherwise. I wasn t being boastful about it. It was more of an exasperated anecdote. One of my co-workers is former military and while he hasn t confronted me about it I ve heard through the grapevine that he s been making claims that I m committing a stolen valor crime. He claims that I m intentionally impersonating military personnel for profit. From what I ve been told he s planning to “report me to the authorities” so that I can be “prosecuted to the fullest extent of the law”. Do I have anything to worry about? I don t know who the “authorities” are. Is that the local police or some Federal bureau? Will this claim actually be taken seriously without some concrete evidence that I m impersonating a member of the military? Do I need to get a lawyer or are my coworker s accusations too flimsy too result in an investigation?
2018-04-06 18:47:19
281
You don t have to worry about being prosecuted the stolen valor act requires that you be actively lying. On the other hand I would worry that there s someone out there claiming you re committing a crime. If that concerns you I don t blame you. He should be told to stop informally first maybe in a C&amp D letter later and warned he could be sued for defamation of character.
2018-04-06 18:56:32
346
Miscellaneous Legal Query
80,642
Whistleblower: corporate state government OSHA covering up whistleblower case
I ve been stuck in a state government coverup concerning a corporation and it s spineless corporate officers who most likely bribed the government to cover my whistleblower case up. A lot of employees were subjected to toxic stuff the military came in to test for covid and they were effected a lot of people came in and out of that corporate office and were poisoned because the CEO is an idiot and lied about his credentials. There s immense amounts of deception fraud waste and abuse. The corporate attorneys concealed evidence and OSHA refused to conduct a formal investigation and then told me I filed “untimely” (which was actually 2 days after I was fired for complaining). Both corporate and state government refuse to release my workers comp and unemployment insurance file directly ignored and denied any response from these state government officials including a 3hr OSHA hearing record. I ve had to fend for myself in an administrative court setting and this is where the court officials refused to acknowledge my appeals for a federal juried trial. I ve reached out to all the attorney generals that are essentially in the first circuit but no one responds or I ll get a letter stating they only pursue criminal and civil rights issues. Everything that I ve reported has been to the FBI DHS and other federal law enforcement agencies and it just seems like I have zero answers at this point (it s been 2mo since the ALJ judge a politician has invalidated my whistleblower case). Do I file my own pro se retaliation lawsuit in federal court? Do I petition the Supreme Court? Do I wait for the FBI to contact me? Do I pretend like nothing happened while corporate continues to conduct surveillance on me? It s been really frustrating with the amount of stupidity and irresponsibility thats surfaced this year. Especially since these conspiracy charges are so easy to prove (conspiracy conspiracy against rights obstruction of justice whistleblower retaliation false claims ppp loan fraud tax fraud international fraud perjury witness intimidation bribing discrimination wrongful termination). Btw - I have done nothing wrong I won t be liable for anything unless it s somehow orchestrated from the company s officers which I wouldn t be surprised if that happens. I just need some advice on what to do who to contact and how to get this addressed get my settlement and get the hell out of here with US Marshals witness protection services. My reddit account is a throwaway once I receive some type of answer. Thanks.
2020-12-31 21:13:45
5
I realize that you re probably in a space where you re quite frustrated... My first piece of advice is to create a more clear narrative of what s going on here. I honestly can t really follow what your situation is and I see a lot of subjective opinions and likely speculative claims mixed in there which ultimately detract from your central narrative. Keep it to the facts only. If you believe you were terminated illegally in violation of state or federal law given the scope of what you seem to be in I suggest reaching out to an employment attorney to get their take. Attorneys tend to bill in one of two ways... The first is cash up front. You pay them money for their service. The second is on contingency (they get paid out of whatever settlement or judgement is made). An attorney s decision on whether to take an case on contingency is heavily weighed by their assessment of the probability of winning. Part of that assessment is listening to your story. Throwing around unsubstantiated claims or subjective opinions is a good way to make an attorney believe that their plaintiff may not do well in that case. Good luck.
2020-12-31 21:28:32
5
Miscellaneous Legal Query
140,932
[China]Trying to get my two-month-old son out of China. He is a US Citizen but I may have made a great mistake getting his Chinese Passport as well.
(This is a long shot but I don t know what to do) I am a US Citizen and my Wife is a Chinese Citizen. My son is two months old born in China. Around the same time My Wife applied for his Chinese Passport and I applied for my son to be a US Citizen. Both passports arrived a few days apart and we have a flight in December to visit the US for Christmas so my side of the family can meet him. Today my wife took him to the US Consulate and his US Visa was denied. I was told by the American Services that we should present both passports to the Visa officer and for unknown reasons he was denied. After consulting with ACS they told me to renounce his Chinese Citizenship and apply for a Chinese Visa. We have spent a whole two months at this now there is little time. But while the United States recognizes that my son is a dual citizen China doesn t and it s against the law. Now my wife and I are pretty worried that one of us will get arrested and if it s me I face deportation which would mean I would never be able to set foot back on Chinese soil. I d lose my business and the potential of never seeing my second family. I am not sure if anyone has been in this kind of position. I have made contact with the Visa section of the Consulate and I am waiting for a reply on why he was denied a Visa. But at the same time my wife and I are planning to go to the Entry and Exit Bureau tomorrow to renounce his Chinese Citizenship and begin applying for a Chinese Visa. Although getting arrested and deported will suck my greatest concern is for my son who may be denied a visa for China which would make him stuck here. If this happens What can be done to bring him back to the United States? I hope this finds someone who may have been through this kind of situation. I am pretty scared of what could and couldn t happen. Thank you! UPDATE: I was able to finally make contact with the Supervisor of the Non-Immigrant Visa Section this morning. He informed me that the officer had made a mistake and that he personally would correct the issue and authorize a US Visa for my son s Chinese Passport. He sent me the confirmation email with the documents I need to send to them along with his passport and visa photo. I can t thank each and everyone one of you who have offered advice. Once I return to the US I will get him a Chinese Visa for his US Passport and when we return back to China we will renounce his Chinese Citizenship because I do not want to get caught having two citizenships for my son.
2018-11-27 08:48:37
76
I m an American born in Hong Kong. The Chinese citizenship just isn t worth it. There s basically no benefits you gain over American citizenship. I wish I hadn t spent so much time for nothing. Renounce Chinese citizenship. Keep American. Get multiple original Chinese birth certificates as he ll need them to apply for Chinese visas in the future.
2018-11-27 14:52:40
121
Miscellaneous Legal Query
98,142
Can my company enforce me coming in early without pay?
I work at a call center and they have the worst systems I ve ever used in my entire life when it comes to work computers. They are so bad that they take up to 20 minutes to boot the system as well as get logged into all the required programs so to compensate for that they are requiring me to come in 15 to 20 minutes early but I don t get paid for that time is that something that they are allowed to do?
2021-09-07 13:03:27
80
File a complaint with your state department of labor. They should pay you for that time.
2021-09-07 13:25:48
122
Miscellaneous Legal Query
149,456
[GA] Should I tell my former employer I m going to sue him or let him keep talking to me until he gets the court summons?
This is in relation to [this](https: www.reddit.com r legaladvice comments 2r8eqn ga_my_employer_is_retroactively_refusing_to_pay ) and [this update](https: www.reddit.com r legaladvice comments 2t37vw ga_my_employer_is_retroactively_refusing_to_pay ) The tl dr is that my employer tricked me into working for about a third of what we originally agreed to in an email and shat on my reasonable compromise attempt. He owes me $4300. I ve finished drafting up an email telling him I will sue him. The email first summarizes all the efforts I ve made to resolve this amicably and fairly and how he has made no good-faith efforts to resolve this. It then says I will sue him for the money and details the evidence I will use as well as saying that I will subpoena is phone and email records for evidence as well. The email then says I will contact the Department of Labor to report his failure to pay minimum wage failure to keep any kind of logs attempt to misclassify me as an independent contractor instead of an employee (thus saving him hundreds or potentially thousands on taxes). It also says I will be contacting the IRS for his failure to issue a W2 and his attempt to misclassify me (and his past misclassification of others) as contractors. He made the mistake of admitting via text message he was aware of the tax implications but called it negligible (the total amount of missed taxes is at least $500 for me so the total over all employees past and present could be in the thousands) which seems like he may have just admitted intent to evade taxes. The email then summarizes why this would be a bad time for the company which is already struggling to face a lawsuit and investigations by two government agencies. The hope is that after reading the email he ll realize it s in his best interest to pay me $4300 and get this over with so I won t have to go through all the effort and hassle of court (even though I m confident of my case). However throughout our emails he has basically admitted to a bunch of stuff that will make it harder for him to lie in court weaken his case. In a previous emails and texts he admitted that he agreed to the amount I ll be suing for that he never kept logs of my work that I should be classified as an employee rather than a contractor (after I showed him the Dept of Labor s definition of an employee) that he was a bit deceptive with how much money he d actually raised from investors etc. So I was wondering whether I should just file the suit and let him keep talking and admitting stuff that can be used as evidence and let him wait for the court summons. Someone else (who isn t a lawyer) said that by outlining my whole strategy in the email it could give him time to find ways to wrangle out of it. Any advice?
2015-01-22 19:42:54
11
Your email sounds dangerously close to an extortion attempt. You probably shouldn t send it until you ve paid a lawyer to look over it ideally you d hire a lawyer to write and send a letter themselves.
2015-01-22 19:46:59
19
Miscellaneous Legal Query
12,763
Floor Plan we were shown now differs from apartment we signed
Hi all first time posting here and was curious if anything can be done. Me and my significant others were touring a new apartment space where construction was taking place for each unit in the building. We were shown the floor plan for one which we liked and decided to sign for. We were unable to view it due to ongoing construction. Today we were able to finally see it in person and it is completely different than the floor plan showed to us and what we were told. We have already signed the lease as we were assured this would be the layout. Is there anything that can be done or any advice? We are located in Boston MA. Thank you!
2022-07-30 14:51:04
6
What s the significance of the difference between floor plans? Are there different amount of bedrooms bathrooms?
2022-07-30 15:56:28
3
Landlord Lease Deposit Disputes
160,261
Second DWI in Missouri questions
Like everyone else who has got a dwi I was stupid and its my fault. Questions: This is my second dwi within 5 years but its past the 2 years probation sis I had for the first one. Obviously I know to lawyer up but with my work I signed up for a law service where it took a little amount out of my paycheck for the service. I don t drive for my job but wondering even though the law service is separate from my company should I still look for outside help and not go through them for the chance my company could find out easier??? Throwaway obv I ll be back later for answer any questions. Thanks The law service is called: ARAG Legal Benefits
2012-12-29 18:12:35
5
&gt should I still look for outside help Why did you sign up for the legal service if you don t plan to use it when you need legal help?
2012-12-29 19:27:59
3
Questionable Arrest Circumstances and Legal Representation
404
Father s custody rights question
There is so much to our situation I m just going to keep it simple and answer questions as i go. Children: 2 girls currently aged 4 and 6 years old. Current court order from february 2020 states: There is no significant change in circumstance therefore father s application to be the parent of primary residence is hereby denied. Parenting time is not being amended the parties are free to amend the parenting time as they see fit. Father is currently residing in bucks county. Pennsylvania. Mother currently resides in Gloucester county nj. Children go to school in gloucester county. We have an out of state father who is the PAR and a instate mother who lives in Gloucester county nj. Previous court order included father has parebting time from 6pm friday until 6pm sunday 3 weekends per month. Curbside pickup at mother s residence. Mother was allowing me to pickup our children fridays by 9pm as my ride gets done work at 7pm. It is approximately an hour drive from my residence to hers. Mother stopped allowing 9pm pickup time once i asked the court to change the primary residence to my residence for our children. My concerns were: - Mother previously stated several times throughout 2019 that she was moving to maryland with a guy she met she did not follow through. - Mother stated she was moving to south Carolina several times throughout the year with another guy she met she did not follow through. - My children had told me that they weren t living at aunt jen s they stated that they were loving in a hotel. Jen was a friend that mother moved in with when we split up in december of 2018. - My children had told me that there were several different people bathing them during different times throughout the year. - My children had told me that they stayed overnight with mother at various times throughout the year at the homes of men that mother had met. - in July of 2019 mother had told me that she was going to commit suicide and that i was to keep the children that she wouldn t put up a fight to let me keep them. - i had stated to the court that i was concerned with mom s mental health due to her suicide attempts and also i have on record where she wanted to kill our children. - i had stated to the court my concerns of issues that may arise from moving in with a guy that mom barely knows. - My children were telling me that they were living in a Wawa parking lot mother confirmed that she stayed at a Wawa parking lot overnight at least once because of somebody she was staying overnight with to go to a funeral had an issue with his ex breaking in during the night and a physical fight had happened. - DYFS was called when mother was staying at a Wawa parking lot not by me by a mandated reporter. - mother told me she was moving in with a guy she met to Gloucester county. She made the move with this man on december 17 2019. I filed on december 20 2019. - i asked the court to ask mom how any of this was beneficial to our children to be moved around change schools in the middle of the school year how it was beneficial to our youngest of whom had a placement in a school and now does not where she had moved. I was told by the judge that mom has the right to move 20 times or more throughout the year and it was none of my business as to why. My testimony was deemed credible and so was mom s as she had stated that nobody bathes our children except for her. I had brought up all of these concerns with DYFS as well and nothing was done about it as DYFS had gotten involved for something soon after the court hearing on February 4 2020. I cannot currently recall exactly why they were involved at that time no documentation was provided to me. - on april 23 2020 mother had called me saying that she had the cops called on the guy she moved in with as she had found pictures on the guy s phone of our daughter s crotch. - DYFS was again involved because of this i again stated to them about all of my concerns that i had brought up in court and how i explained it all to DYFS back in february 2020 and nothing ever happened from it. - Mother has told me that the family of the guy she was living with wants to evict her and keeps playing little games like shutting utilities off. - DYFS had asked what my plans are for taking my children i had said i already tried and nobody wanted to take any of my concerns into consideration. DYFS kept telling me that i have rights and with joint legal and physical custody i can legally have my children. - I asked mom if i were to exercise my rights as a father would there be an issue. Mom had said that i can visit with my children but i am not allowed to take them back to my residence. - mom has not allowed visitation since the COVID breakout has occured. I have been telling her that i will take them until everything dies down with COVID as there are less cases here in Pennsylvania than in new jersey. She keeps telling me no but I m allowed to visit with them only if she is allowed to partake. - mom keeps telling me that she doesn t want my children around anyone that I m involved with i have been telling her the same thing since she started saying it. - since everything has happened with the guy she s living with she has had guy friends stay over for protection in case the guy s family starts anything further or in case the guy himself tries to come by. - mom feels that if she has the children the family is not allowed to evict her under any circumstances COVID laws aside. * What can i do about getting my children? * What can i do when i do go to take my children to bring them back with me and mom decides to start bullsh!t with me? * Cops have already stated several times before that it is a custody issue and to take it up with the court. * if possible i want to get my children on the first attempt.
2020-05-09 20:29:36
6
Do you have a lawyer? If not get one NOW. Also call DCFS first thing Monday and find out what exactly what they meant by exercising your legal rights as a father. DCFS has the power to remove the children from the mother. My question is why haven t they done so? If my child s genitals where on the phone of the person my ex was living with I would have been at the courthouse that DAY. I know things are different right now with things being closed but don t let that stop you. I know this is hard to hear but was your daughter taken to the hospital to be checked for assault? If not I would make sure that is done. It has been been 2 weeks since this happened and you are sitting on your hands. You have every legal right to the DCFS reports made. If money is an issue get a 2nd job. You can make a lot of money right now doing doordash if you put the hours in. I m not a fan of credit cards but when it comes to our kids we do what we have to do. Don t give up until you have your 3 babies home with you. You have more proof now then you did in February. DCFS is on your side. Go to them. Worse case is it possible to move back to the area your kids currently live in? That removes the issue of the schools which seems to be the primary issue the judge had. As a side note when you get your kids home with you please make sure you get them into counseling. They are going to need some help to work through what they have been going through.
2020-05-10 02:05:35
2
Custody and Visitation Disputes
131,456
2-Year-Old Daughter Nearly Killed Due to City s Neglect
This happened on Saturday evening in Mableton Georgia (in the US). My two-year-old daughter and I were out for a walk in our neighborhood. An oncoming car in the road forced us into the yard we were walking by. We came upon a sewer ledge in the yard and stood on it waiting for the car to pass. I was facing the road standing between my daughter and the passing car with her just behind me. She let go of my hand and took one single step...and then I heard her scream. I whip around just in time to see her literally falling through a hole in the earth. It s a freeze-frame in my mind. She is falling through the manhole cover. Her hair is flying straight up above her she is falling so fast. She was already falling as I was turning around but somehow...I made the most lucky grab I have ever and will ever make in my life. Screaming I just reached out blindly and grabbed as tight as I could. It took me probably 5 seconds to realize that I had caught her wrist and that I was holding onto her. Her head was all the way beneath the level of the manhole and only her arm which I had grabbed was sticking straight up over her head. She was suspended and dangling by my grasp above the chasm. It was a ten foot drop below onto concrete. No ladder on the wall. As soon as I realized that I had grabbed her I pulled her up. We were both terrified obviously. She got some pretty bad scrapes from the edge of the manhole when I pulled her up out of it but somehow that was it. No dislocated shoulder from the grab no broken bones or lost life from the potential fall. It is the luckiest I hope to ever have to be. Now a woman was at home with her child and they came out when they heard the yelling. I explained what happened. We looked into the hole. As it turns out there was no manhole cover there at all. There was only a fitted circle of wood. It was waterlogged and completely rotten. My daughter weighs less than 30 pounds and a single step from her onto this piece of wood covering the manhole sent it plummeting down into the sewer. This fitting was put over the manhole by a construction crew working for the city. They have been replacing the fire hydrants in the neighborhood so they have ripped up about six feet of everyone s yard by the streets. When they got to this sewer ledge and did whatever they had to do to it I guess they just put a fitted piece of wood over the hole and went about their business. I took pictures of the wood piece at the bottom of the hole. I took pictures of the hole itself and the sewer ledge. I took pictures of my daughter s scrapes. At the time of the incident I was far too shaken to call the police or to do anything else that I logically should have. I went back to the home this morning and the homeowners had already called the city s emergency line. The city had already sent someone out and there was already a steel manhole cover on the hole. The man said that he had called in to the city about the wood fitting on July 2nd (11 days ago) but nothing had been done until he called the emergency line this morning and told them what happened. Now given all of this I am wondering if legal action against the city and or the contracted construction crew would be warranted. And if so would steps I would need to take. There was no significant personal injury. There was no significant damage to property. However...my daughter could so easily have died yesterday. If I had been a millisecond slower...if I had been standing half an inch further away...if I had reached an inch to the left or right...she very likely would be dead right now. Because somebody thought it would be okay to leave a flimsy piece of fitted wood over a manhole for weeks. Somebody paid by and doing the work of the city that I pay taxes to. My sleep last night was nightmare-ridden as I m sure tonight s will be. My daughter keeps talking about falling in the hole asking if there will be holes at her birthday party. I want to be clear about one thing: this is not about money for me. But I have to think that something should be done here...some message sent that says this is not acceptable I am very sorry that this has turned out so long. I am still very shaken up just thinking about it. Traumatized actually. Any advice would be greatly appreciated. Please keep in mind that I have zero experience with legal issues so I need step-by-steps. Thank you.
2014-07-14 02:14:32
17
You should contact the local news outlets and your local government. But you have no legal case. Sorry. But I am glad you have great reflexes.
2014-07-14 02:34:34
39
Miscellaneous Legal Query
8,702