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[Arizona Federal] How can my boyfriend get his gun rights back?

My boyfriend was in a very bad motorcycle accident in 2016. He was put into a medically induced coma for three weeks as a result of brain injury. During that time his mother had to take legal guardianship over him in order to be able to make medical decisions for him (the doctors wanted to give up.) He made a full physical and most importantly mental recovery and she no longer had guardianship over him. He was forced to retest for his license and with that came the return of his voting rights. Earlier this year however he went to purchase a gun and was denied by NICS. After requesting a letter of denial he received it in the mail a few weeks later. He was denied because he is considered as having been mentally adjudicated. He was never actually mentally unstable. He was in a coma. He has been to the courts and through his records from that time and can t find any information on how to get his 2nd amendment rights back. All the methods of getting his rights back refer to criminal cases which his is not. He s never even had a misdemeanor. We ve been unable to find local legal advice as our county courts (Maricopa AZ) have no information and attorneys handle criminal cases. How can we have his 2nd amendment rights reinstated?

2018-08-30 02:05:59

He is going to need a lawyer that specializes in those laws. I HATE the NRA but sadly they might be the best resource here to get help. Because once the NICS revokes gun rights its very difficult to get them back.

2018-08-30 02:11:26

Miscellaneous Legal Query

[Michigan] A lot of adults volunteering at my high school knew my coach was sexually abusing me. What can I do?

I apologize for the length and I am trying to keep it concise. I will also add a tl dr. Some brief background: I was on a FIRST Robotics team as a teenager in high school. I was being cared for by relatives and we had an enormous falling out. I was kicked out of my home. I don t think I handled this intelligently and I want to add that now that I am much older I would respond very differently in the situation. But I cannot change my choices from the past. A robotics team has mentors who are often referred to as mentor-coaches. They are adults who volunteer by supervising and teaching students who build robots for competitions. They ranged in age from 21 to middle-aged on my team at the time. I did not really know how to respond to this event in my life so without relatives to go to or many adults I trusted I contacted one of my mentors the next day while I was at school trying to figure out somewhere to stay the night. I had known him since I was in 8th grade and I trusted him to give me advice or know what to do. He very offered me a place to stay long-term as he and several other mentors from the team were looking to get a place together. I ended up just being considered an unaccompanied minor because I was going to turn 18 in several months. We got a house cheaply and I was not on the lease because I was a minor. I lived with 3 robotics mentors from the team the youngest being 21. This information ended up getting out to several other adults including a teacher. We were all kicked off of the team because of concerns that it was inappropriate for us to live together which the principal agreed with. In truth I was being pushed into a sexual relationship without my consent. I felt strongly as though I could not protest or extricate myself from it because I was not financially independent at 17 and he helped me a great deal. My housemates and I would ultimately have a falling out about it because they blamed me for us being removed from the team which was very important to them. They repeatedly mocked me for our sexual relationship criticizing me for not going to the police and writing mocking posts on social media calling me a whore because I was financially dependent on him mocking me for having an abortion that he paid for etc. Ultimately they told the landlord I was living there off the lease. I moved into an apartment alone with the one I was nonconsensually involved with and ended up getting assistance in getting away as an adult through a rape crisis center. **TL DR:** As a student in a housing crisis a mentor on a team invited me to live with him and 2 other adults. We were removed from the team. Everyone involved knew that nonconsensual sex was occurring while I was a minor and they did nothing to intervene. I m sorry this is long but I have the following questions. 1. Were they mandated reporters? Did they stop being mandated reporters when we were kicked off the team? 2. What should the teacher and my school have done? Was the right thing simply having us all no longer on the team? 3. Can I do anything about this? This occurred a long time ago but it wasn t until recently that I really came to realize how inappropriate their behaviour was on top of everything else I was going through. 4. What kind of lawyer should I talk to? I know it would be best to seek one out but I don t know what kind to contact. Based on what you ve read what could I expect to happen? Thank you for reading this and in advance for any advice or suggestions! Edited for formatting.

2017-09-17 22:20:59

I m sorry was this man or your roommates school employees?

2017-09-17 22:24:20

Miscellaneous Legal Query

Sole witness to a slip and fall at a Wendy s restaurant and want to help

Today I went into a local Wendy s for a sandwich and was the only other patron in there other than a family of three. I noticed the restaurant conditions were disgusting when I went in (unclean dead bugs everywhere) and only two people working. When I sat down to wait for my food the mom of the family that was in there slipped in front of the exit door on her way out and hit her head on the floor really hard. Her family looked panicked and didn t know what to do so I (first aid trained) assisted in talking to her and instructing her not to try and move. I noticed that the entire floor was covered in grease and that there was water leaking from the soda machine. The employee was useless did not offer to help in any way and started immediately blathering about how there were supposed to be renovations last week etc. and was stepping on the floor tiles that were visibly squishing water through the tiles. I called 911 (since no employees were doing so and still making food for drivethru people 😡) and waited until the paramedics arrived. I was suspicious of the employees so during the affair of the employee trying to justify things I covertly recorded the interaction on my phone. She was saying that she was trying to call her store manager and no one was picking up the phone. The old man who was with the woman didn t strike me was being litigious at the time and so I asked for his number and texted him the video for his records and he was appreciative. I did all I could at the time and left afterwards but I hate seeing people get taken advantage of. Especially people who strike me as not having adequate health insurance paired with terrible retail management. The situation is over and I m still angry about it on their behalf since none of that should have ever happened. Please help direct me on who to contact first. Should I call the confused dad and give him attorney contacts? Should I report this place to OSHA? Local health department? Better Business Bureau? Yelp? All of the above? Thanks!

2022-09-04 19:24:54

I d contact the man first and just tell him that you would be glad to be a witness in any legal case they might bring. Whether or not the case is actually one that a lawyer would likely accept depends on the potential pay-out which is something you couldn t guess at with the information you have. All you can do for the family is just to let them know you ll be a witness and verify the video in court. You could add in your message that you were appalled by the condition of the place and that you saw the water and grease sitting there from the time you came in (and maybe estimate how many minutes that was). That way if they do go to a lawyer they can show the lawyer the text message to demonstrate that they will have a witness who actually saw stuff. Then I d talk to the health department. Maybe avoid Yelp for a few weeks so the place doesn t suspect the heath department is on the way. OSHA cares about employees only so they will not care

2022-09-04 21:22:32

workplace safety and compensation

Another business with the same name

After choosing a name for a new for profit nationwide brand a non-profit organization doing business in one city with the same name showed up. The non-profit has an s making the name plural and although they serve the same demographic their mission is very different from that of our company. Although there will be a bit of an uphill trek with clearing up confusion for the end user clear and concise branding &amp marketing will be key. &amp #x200B What other concerns should be explored? Are there any legal ramifications ore restrictions agains using the same name in a singular vs plural ie. neighbor vs neighbors

2018-12-23 12:57:29

If you can afford to think about having a nationwide brand you can afford a lawyer to go over your options.

2018-12-23 15:05:37

Trademark Infringement Resolution

Grandfather has been in a nursing home for 27 days. Admin provided admission contract which is backdated.

Hi Reddit My 92 grandfather has been in a long term care facility for 27 days (as of today) and is likely to remain in some sort of facility for the remainder of his life hopefully not this facility but that is another matter. My father who has POA JUST received the admissions contract which includes written in dates going back to the date of admission. I currently work in a quasi-compliance role in a futures clearing firm so I am familiar with some legal documentation but I have very little familiarity with medical documents. Right off the bat I do not like the idea of backdating a contract or the fact that we just received the paperwork almost a month after he had already been admitted. With that said after some research it looks as though these admissions contracts are fairly standard in each state but I still have some hesitation signing something that has been backdated. It doesn t appear that backdating is illegal but is certainly frowned upon and considered unethical. I have plans to look into this with an attorney (funding permitting) but I was curious if anyone has gone through this process before with a nursing home or has any experience with backdating contracts. Any help would be much appreciated!

2014-12-16 05:05:44

I am not sure what you want to gain from this? A discount or a way to break the contract? If they are swamped and could not deal with the issue of the standard contract at the time of admission why not backdate it to the start of the admission. Your grandfather certainly did not begin his residence today. Are they cheating you? All you have to watch out for is that the contract language is clear and standard and that there are no new items in the contract.

2014-12-16 13:27:26

Miscellaneous Legal Query

Got Into car accident with a drunk driver consulted with 3 different lawyers that said nothing can be done. So now I m $376 725 in debt and counting.summary inside.

So this is my first time posting on reddit so please bear with me. The accident occurred in Orlando Florida on December the 15th 2018. The drunk driver ate a red light while trying to turn left while I was crossing the intersection. Fast forward I gained consciousness and my father was at the scene already (we were out at a restaurant together but in different cars) while I tried to regain composure I thought everything was good well I was very wrong. I woke up in the hospital 3 days later with an incision from top to bottom of my abdomen turns out as of result of the accident I ended up with internal bleeding lacerations to my liver &amp colon contusions to my intestines and a collapsed lung. I contacted a lawyer fast forward a month the lawyer calls me saying that since I didn t have uninsured motorists insurance and they didn t have pip there was nothing they could do. Called two more lawyers they said the same exact thing. Now they did have insurance just not personal injury also the driver is not the owner of the car.

2019-02-20 22:20:03

You can sue the other owner for compensation but as they say you can t get blood from a turnip. Unfortunately you need to protect yourself and this may be an expensive lesson for you.

2019-02-20 22:22:31

Insurance Denial Car Accidents

[Fl] Is it legal to pay employees late and irregularly?

I work for a small business (30-50 employees) that s suffered several layoffs in the last year and a half. We are a complex service model and have been working hard to build up our client list to get back to a positive financial situation. In the meantime though we ve been struggling to get enough cash each month to make payroll. As result all paychecks have been behind since late last year. It was only by a day or two and everyone kind of figured it was going to be over soon. Now it s almost six months later and the last check was almost two weeks late. It s no longer an anomaly we all just assume we re not getting paid on time. I know I should find a new job. I m looking but it s a specialized skill industry so it s a process. I have tried to look this up alone and I ve only found items about back pay which I don t think are applicable. I wasn t worried but recently there were comments made about not putting notices related to late checks in writing and it made me worried something shady was going on. My questions: - Is it legal for pay in Florida to be late like this? - What if late pay causes fees or issues for an employee is the company liable? Thank you

2018-04-12 02:17:06

It appears that in Florida you must be paid no later than one calendar month from the hours worked.

2018-04-12 02:24:28

Miscellaneous Legal Query

I am giving a presentation in the restaurant I used to work for. Can the owner kick me out?

(New Hampshire) A few months ago I was fired from a waitressing job in the middle of a shift for giving my two week notice after my trainee took a table s order and waited 50 minutes to enter it into the system causing management to scream at me and take that table s bill out of my pay. Messy I know. Since then I ve used my time to start a nonprofit that connects community gardens and local farms to nearby programs that provide free food to needy children. It s my passion. Anyway I have a meeting with an organization that will potentially give me a substantial donation but the meeting is being held at this restaurant. If I show up will the owner be able to harass me in front of this organization s leadership or even to kick me out so that I can t give my presentation? UPDATE: Sorry if I wasn t clear but I m not the one deciding where this meeting takes place. It s either present there or lose the support.

2018-01-23 04:51:24

Yes he can do that. I suggest contacting the organization and asking for a change of venue. You can even say I used to work there and am just not comfortable with the attention that ll draw while I m trying to focus on giving you my presentation. You don t have to tell them any details you don t want.

2018-01-23 05:11:45

Miscellaneous Legal Query

My employer forced me to release a copy of a background check from a job interview and now are threatening to fire me. (Nebraska)

To preface this when I was 18 I worked retail at a hardware store where the manager said it was fine if we borrowed money from the cash register as long as we put it back in by the end of the day. Well stupid me thought that there was no problems with that until the day that I forgot to put the money back in at the end of the day. ($5.00). The next day I received a call and was terminated and the manager resigned about a month later as well. No charges were filed against me or anything of the like. Now 5 years later I m currently working as a security guard for a small state college in Nebraska and was looking to become a police officer until recently. During my police interviews they asked if I had ever been fired or resigned from a job and I explained the situation to them. A couple days later they decided not to hire me. Okay. No big deal. I informed my current manager (an ex-officer himself) that I was not hired by the police department and that I would be continuing employment. Then a couple weeks later he calls me in and tells me that the director of Student Affairs (his boss) is forcing him to have to sign a release of information on the background check and interview notes from the police department or else I d be terminated immediately. In order to by myself some time to find a new place of employment I signed it (things move slow here). So what I am wondering is do I have any rights here? They ran a background check when they initially hired me for security and never asked me if I had been fired or resigned and nothing has happened since then. I don t know how the director of Student Affairs here would have found out other than the police department revealing some sort of the information to him (its a small town everyone talks to everyone). I have worked for them for 4 years with no issues. Am I just screwed? Should I put in my two weeks before they have the chance to terminate me? Any input would be greatly appreciated thank you.

2015-03-02 02:38:49

&gt Am I just screwed? You might be &gt Should I put in my two weeks before they have the chance to terminate me? No. Make them fire you. If they fire you - apply for unemployment. Someone else will came along shortly with more advice but this is not something that should have happened. &gt Then a couple weeks later he calls me in and tells me that the director of Student Affairs (his boss) is forcing him to have to sign a release of information on the background check and interview notes from the police department or else I d be terminated immediately. That is probably one of the stranger requests I ve heard come from someone to an employee and I m 100% sure HR didn t say that s ok to do. Edit to add: I s x-post this in r AskHR in case Nebraska has something funny going on that I don t know about

2015-03-02 02:45:32

Miscellaneous Legal Query

Pharmacy dispensed twice the prescribed dosage of a controlled substance

I am in Ohio. Short version: I will be returning this prescription tomorrow for one of the correct dosage but I am wondering 1) How much trouble they would be in if I were to report this matter (or if someone were harmed by this mistake ) and 2) What might happen to someone who ignored their calls and kept the higher amount? Full version: I picked up my prescription shortly before the pharmacy closed tonight and was annoyed to find that my total was twice that of the price last month -- they went to the computer to verify that the price was correct and assured me it was. Before I had a chance to get home I saw I had a voicemail -- they d done some more investigation and found that the substantially higher price was the result of the pharmacist giving me the correct number of pills but at twice the dose I am currently prescribed. I am certain this happened as a result of me recently requesting my dose be halved -- they must have been looking at my old prescription amount and failed scrutinize the current one. This wasn t a simple mix up of containers though -- even the label on my bottle reads the (wrong) higher dose. Anyway they were closed by the time I tried to call them back. Thanks in advance for sating my curiosity.

2015-12-28 00:30:12

There could be some liability if someone were harmed. Just depends if someone were harmed.

2015-12-28 00:34:54

Medical Billing Disputes and Fraud

Inheritance drama

Throw-away for my privacy. My grandfather passed away two weeks ago and equally divided his trust and physical assets between his 5 grandchildren and my father (his son). My father claims my grandfather was going to change his will to divide his assets differently. The executor confirmed this but was not sure what the details were. The executor said he would execute the will as written. I want to honor my grandfather s wishes but at this point no one actually knows what my grandfather intended and my father really cannot be trusted (a bit more on that later). Two of the inheritors are 4 years old my father s two sons out of his new marriage. All of us live in NC and that s where all assets and money are as well. All of the money and assets are &lt $900 000 so it s significant but not an insane amount of money. I m not 100% sure how much money is actually on the line because we re getting alot of this info from my father. Here are my main questions: 1. What is required for a will to be changed? 2. Can two 4 year olds whose father is also an equal inheritor actually consent to will changes? 3. Is it tacky to ask how much money is at stake? 4. Can my father sue us? 5. There is a house and two vehicles involved so I guess we all are 1 6 owners of these properties. How does that usually work especially since 2 of the owners are children? I assume they will be sold? 6. How long does it usually take to unwind all of this? How long before this money is in our accounts and how does that work? 7. Can I be taxed for what I gain? After my grandfather passed my dad sat his me my sister and brother down and told us my grandfather left us each $20k. I don t know where he got that figure from but he s kinda stupid and he was definitely lying to us. I think he thought that he would control all the assets and wanted to give us enough so that we wouldn t ask questions. I don t want to give my dad any of my money. He left my mother severely in debt in a no-contest divorce (he manipulated her into agreeing and never paid her their verbally-agreed settlement). I know we are going to have to care for her. We love her and will but I want to use this money as an investment in part for that purpose. I hate to dishonor my grandfather by sqaubbling like this but I know my dad will hound me forever about this and I just want to better understand my options. Thank you all in advance for your thoughts.

2019-04-04 23:02:54

With this much money on the line you need to retain an attorney. Don t believe anything your father says and don t sign anything he gives you and get a copy of the will.

2019-04-04 23:34:14

Family Estate Disputes

Selling a truck I said I wouldn t.

A little back story: In 2016 I was in need of a truck. My cousin had one that wasn t running at the time. He and his mom were both on the title and she refused to sign it because she was afraid I would just turn around and sell the truck. Since 2016 I have spent over $7 000 making repairs to the truck to make it operational. My cousin approached me about buying it back and I told him sure. The price is $6 000 to buy it back. That was in December 2020. Since then he has been dodging me and constantly kicking the can down the road. Always making excuses. Here s the part I need advice for: Because his mom (my aunt) was so apprehensive about signing the title I wrote a letter saying I would only sell the truck back to my cousin and no one else and signed it. How iron clad is that? I m in a position where I need the money and I know my cousin will NEVER come up with $6 000 to buy the truck back. Because I wrote that letter and signed my name to it am I legally obligated to only sell it to him? The title is in my name. I buy the tag I pay the insurance. It s my property. I m in Mississippi. Thanks.

2021-07-15 18:08:30

Your aunt appears to have negotiated a concession from you as a condition of her agreeing to sell to you originally that you will only sell back to your cousin. That sounds like an enforceable contract to me. How detailed was the letter and exactly what did it say? Does it say anything about what happens if you want to sell but your cousin doesn t want to buy it back? If the letter isn t very specific I d suggest laying out the facts to your aunt and cousin regarding your expenditures and your proposed sales price. Let them know that if your cousin doesn t want to buy it you think it s only fair that you can sell it to someone else. Say that you ll give your cousin 45 days to buy it otherwise you re going to sell it to someone else. If you end up reducing your asking price you probably need to again offer it to your cousin at the reduced price. Essentially this procedure interprets your agreement with your aunt as granting your cousin a right of first refusal . That might be a reasonable interpretation if your letter to your aunt didn t have a lot of details.

2021-07-15 18:36:40

Car dealership title issue

[IL] Car was towed but found it the next day in an unfenced and unlocked lot. What would happen if I drove away with it without paying the towing company?

The car was towed from a guest parking lot at my apartment complex by a contract towing company. It seems that if your vehicle belongs to you you can take it back if it is left in an open unlocked unfenced field lot. I don t know if there are any cameras in the area.

2015-10-25 20:50:36

Is this a common thing today? https: www.reddit.com r legaladvice comments 3q6fgq car_was_towed_from_an_apartment_building_but_not

2015-10-25 20:54:21

Unlawful Car Towing Issues

[Ontario] Employer is requesting medical information to provide benefits

Hi all My employer is relatively small with just a dozen or so employees. Instead of signing up for a group medical plan they ve decided to reimburse all medical expenses up to 5% of an employee s salary. This means I have to pass along any prescriptions or medical bills directly to my manager something I would prefer not to do. Isn t this a violation of my privacy?

2017-06-06 18:43:50

&gt Instead of signing up for a group medical plan they ve decided to reimburse all medical expenses up to 5% of an employee s salary. They re about to discover why insurance costs what it does then. You don t have to provide your medical information to your employer. However it s likely that your employer can deny claims against your purported medical benefit if you don t demonstrate the validity of your claim. Personally this is so flagrantly idiotic I would be looking for a new job: any employer who thinks it s cheaper in the long run to do reimbursement themselves is delusional.

2017-06-06 18:48:06

Miscellaneous Legal Query

Friend left felon ex he stole a gun she legally owns and is holding it against her so she loses her kids.

Hello A friend owned 2 guns legally in Wisconsin and after leaving her felon boyfriend he took one of those guns and is now using it as leeway against her [and her children.] She says legally she should not have had the guns in the house with a felon and now she does not know the proper course of action without her also getting pinned. Does she have any options that could help her solve this with the law without her getting in trouble?

2017-02-16 05:17:44

She hasn t done anything illegal the felon has. The gun restriction applies to him not her. If he is no longer living with her any possible violation has been removed from the house. If he took her gun she should report him to the police for theft and because he s a felon in possession of a gun.

2017-02-16 05:34:25

Gun Ownership Concerns

(TX) My employer withheld some of my income for a charity donation that I did not approve or consent to what can I do?

To preface I am no longer an employee with the company in question but throughout 2018 I was working for a very popular grocery chain and this year as it came time to file my taxes I noticed something odd about my w2. In the donations section there was an amount withheld to go towards a very popular charity that will also not be named. Now I have no issue with charity donations however it appears as though this donation was made without my consent. They run these drives for the charity every so often but I have ALWAYS opted to not have any wages withheld. Is there anything I can do about this? Or do I just bite the bullet? TLDR: company withheld a portion of my wages to go towards a charity donation I never consented to.

2019-02-10 19:46:31

You can reach out to them for an explanation for the debit. It s possible that there s a mistake it s also possible you did sign up for this mistakenly or you d forgotten about it.

2019-02-10 19:47:55

Miscellaneous Legal Query

Made unauthorized electrical improvement to rented apartment

California USA Renting a beautiful apartment as my primary residence. The lease agreement states Unit is presented as-is. Unfortunately as-is the apartment s electrical outlets were not up to code and were somewhat dangerous. The apartment building does not have any ground wiring. However the unit had several 3 prong outlets: * The one in the bathroom is GFCI protected but no others were. * In fact two receptacles are within 6 ft of the kitchen sink and neither one was GFCI protected. One of these was wired with reverse polarity. * One other outlet had a bootleg ground of which I have photo evidence. (No photos of other outlets.) * A couple others were connected correctly to line and neutral but no ground. The electrical code says that 3 prong outlets can be installed in a home with no ground wiring only if they are GFCI protected. Thus without any approval from the landlord I replaced all ungrounded 3 prong outlets in the apartment with GFCI protected receptacles. What I did is pretty much a straight upgrade aside from the fact that GFCI units wear out over years and eventually need to be replaced. Having done that unauthorized electrical work what civil or criminal penalties am I in danger of? Note: I kept the original receptacles since they are the landlord s property in case I need to return them.

2022-03-06 07:14:22

Not a lawyer but this looks straight forward It would likely come down to damages which are hard to imagine given the work provided was an upgrade. I wouldn t worry about this. Consider the landlords litigation expenses if anything it s grounds for evection as a breach of your lease agreement (some lease agreements prohibit work like this) But if your a good tenant otherwise I wouldn t worry about it.

2022-03-06 07:52:55

Miscellaneous Legal Query

Asked for a quote for car insurance that covers doing Ubereats Doordash Grubhub. It appears they will charge MUCH more than I m already paying. I didn t reapond. Now an underwriter of theirs has called me about my current policy. Are they trying to get information to use against me or drop me?

Just that. Not sure what to do exactly Edit: after reading a couple comments I have another question. Can insurance companies charge whatever they want? I don t understand how the risk is any different if somebody s transporting food vs a PAP with more miles.

2020-05-22 22:49:01

Legal advice: they are allowed to ask these questions you do not have to answer be aware that if you do not answer your policy may be in danger of cancellation. Nothing about that stops you from going to another insurance company after but it may be annoying for a while. Non-legal advice: assume insurance companies do not have your best interests at heart.

2020-05-22 22:51:49

Insurance Denial Car Accidents

[TX] Need help. Family member keeps getting arrested and jailed for a 10 year old resolved issue.

He was arrested jailed and took care of a DWI 10 years ago. Last year around this time he was pulled over for blocking a crosswalk and they arrested him and kept him for a night saying that his license showed up as suspended in the system when it clearly was not. He was arrested yesterday for the same thing. Something that was handled last year by an appointed lawyer. How can this keep happening and how can we get it to stop? The family cannot afford a lawyer at this time. Please help.

2016-07-08 19:44:40

His license could be suspended for other reasons than just the DWI.

2016-07-08 19:52:37

Miscellaneous Legal Query

Gas Station Hose line ruptured. 55 gallons of gasoline has sprayed all over him and had got in his eyes.

The gas attendant did not even know where the emergency shut off was. I had to go and shut it off while my co worker laid there in agony. Fire department showed up and took pictures and my co worker had to go to the emergency room. He had a bad reaction to the gasoline in his eyes and the prolonged exposure to his skin. Going forward what are his options legally against the gas station malfunction and the negligence of the attendant? Gas was spouting all over the place for at least 60 seconds creating a mist that would have been deadly if there was any sort of spark or cigarette smoker nearby. I do now know his condition right now but he is still in the hospital. What sort of litigation or settlement are we looking at here? Its a large name gas company.

2018-02-08 05:31:34

Once he s feeling a bit better he should talk to a personal injury attorney. The gas station is almost certainly insured but the insurance company is going to look to settle with him for the least they can get away with. Your coworker s attorney can help advise on recovering the costs of things like longer-term rehabilitation and care which might not be obvious at the time. Litigation is mostly recuperative not punitive but the gas station s insurance will almost certainly raise their rates in response to this completely avoidable incident.

2018-02-08 05:35:13

Miscellaneous Legal Query

[Chicago] I rent an apartment but I have no heat?

Hi so I have no heat and no running water in my bathroom. I went to security to ask for maintenance and they said they shut off the heat. Its only 56 degrees in my room and will be in the upper 30s tonight. is there anything I can do?

2017-04-30 00:03:47

[Check this out.](https: www.cityofchicago.org city en depts bldgs supp_info chicago-heat-ordinance.html) And then call 311.

2017-04-30 00:12:19

Landlord AC Troubles

[AR] Friend is being evicted from her home with 2 days notice.

This is in Arkansas. I have a friend who has lived in a particular trailer home for over 7 years. The home was sold by the landlord to a previous tenant and that previous tenant sold it to my friend s parents. Because the former tenant had only been there for a short while he didn t have a title to give and promised they d get it later. Over the next 7 years they never got the title. As of Wednesday the landlord came by and informed the family that they were being kicked out. Being a casual reader of this subreddit I m pretty sure they need to be served with a formal eviction notice with at least 30 days notice but what exactly should I tell my friend s family to do?

2017-10-27 15:58:09

[Arkansas law](https: arkansasag.gov consumer-protection home column-one what-you-should-know-about-landlord-and-tenant-rights ) states that 30 days notice is required for an oral lease. Assuming there is nothing in a written lease that converted to a month to month lease 30 days seems to be law here. This is not an eviction but a notice to vacate. Have your friend talk to the landlord and show them the law in the link I posted.

2017-10-27 16:21:29

Landlord Lease Deposit Disputes

Employee left FB open found a lot of trashtalk on me

Throwaway. So we recently started to enforce some strict standards at our business and some of the employees that s been here a while are seriously complaining about us. It s shown in their work and attitude. In numerous discussions with them they ve agreed that the standards were not unreasonable and they appreciated being held to a high standard. This turns out to be BS. Two employees in particular are complaining to each other and we found out because they left their Facebook open on our computer we all use and we got too curious. I m not expecting them to be absolutely thrilled with the new standards but do feel that their attitudes are toxic to the other staff and toxic with introducing new staff. I looked up privacy laws in my area and it s pretty clear that I shouldn t have been so curious and that I can t use anything against them. What can I do? I want this toxic environment to end neatly and swiftly especially since this is in the service industry where the clients can detect this nonsense. In the French speaking part of the great white north.

2017-03-01 23:50:38

Fire them for inappropriate use of a work computer poor performance and general misconduct?

2017-03-02 00:02:07

Miscellaneous Legal Query

My landlord is raising my rent on paper... and compensating the difference with gift cards?

The rental market is hot right now. My rent could ve been raised $500 a month. So my landlord told me he was pressured (by who I don t know. I m not sure if he owns just my unit or the building or multiple units in the building. I interface with him his personal assistant and my building s supervisor. No management company.) to raise rent $500. He proposed that we raise the rent on paper by $500 and compensated me with $6000... in Visa debit gift cards. I agreed and signed (the paper I signed had no record of the gift card shenanigans) and got my stack of gift cards. I thought I was getting a sweet deal by keeping my rent the same in this very hot market. And indeed my old covid-priced rent which I have effectively kept is a killer deal. After signing I realized: what the fuck? Why would someone do this? Who might be pressuring him to have the rent higher on paper? Why gift cards and not a check is he laundering money? Is this $6000 taxable income? Will this raise flags with law authorities if I use all these?

2022-07-24 04:10:23

Did he already give you all $6000 in gift cards? He might be trying to overstate his income for purposes of getting a loan or selling the property something.

2022-07-24 04:14:14

Landlord Lease Deposit Disputes

Possible to Report Anti-Vax Clinic for bogus medical advice?

Location: Wisconsin My friend is involved with a church that has lots of antivaxers in it however he is not an antivaxer. He has learned of a private clinic that is telling parents that vaccines are bad for everyone (retelling this third hand not sure what the specific claims are being made). We both think this clinic may be liable for some kind of malpractice... is there some sort of authority we can report them to? I was looking for a specific number or email to provide my friend to make the report. I got to this page: [https: www.medicare.gov Contacts ](https: www.medicare.gov Contacts ) but wasn t sure which organization to pick. Is there any specific information he should include or find out about to make sure his report is filled completely and accurately? Not sure if this is the right place to ask but I m not sure where else to go. We are not looking to sue so it s not a matter of us building a case against them. We just want to report this and don t know how. Edit: This is the clinic- \[link removed\]. Some of the services may be billable to Medicare and Medicaid. It looks like they do a lot of non-medical stuff but do offer medical services. Would this clinic be responsible to provide accurate medical information? Edit 2: I broke a rule by including identifiable information. My friend gave me their website so I can provide more (non-identifying) info about them now if there are more questions. I cannot provide the website and will only paraphrase what I see on the website to avoid identifying them.

2018-08-02 14:01:03

To be malpractice the “clinic” needs to be actually portraying themselves as a legit clinic with legit doctors and nurses. Quite frankly it sounds more like the fringes of a cult society and if the place isn t accepting billing insurance or purporting this as a legit medical facility I don t think it would qualify as malpractice. This is not to say laws are not being broken.

2018-08-02 14:17:44

Miscellaneous Legal Query

You Want Me To “Gift You A House?”

Hi everyone first time ever posing! (While being on Reddit for 3+ years) Yesterday was my sisters babyshower and my father came up to me for a serious talk I live and Long Island Ny and my father wants me to buy a house in Norwalk Connecticut. Iv been able to clear all my dept and build my credit score to 780 I currently rent with my wife 2 kids. And have around 100k in savings. So basically my father said his credit is shot and so is my mothers so he suggested if I could buy a house in Norwalk ct (close to my sister). once I close on the house he will give me everything to close and pay off the mortgage for a full year in which then I can “Gift” him the home and he will take over the mortgage. Is this even possible? I feel guilty because right away I was uncomfortable with the idea and then though if this doesn t work as “planned” I m stuck with a house while I have all my issues back home in Long Island. Is this a good plan? Can I legally even do this? What risks am I looking at? Thanks everyone this sub is amazing on advice and tips!

2019-03-04 11:48:35

Mortgages are not freely transferable. Once you transfer title on the house the lender can immediately demand the entire balance remaining on the loan.

2019-03-04 11:52:44

Miscellaneous Legal Query

After 5 months into a 12 month lease I m being asked to sign a new lease with small but unwanted changes

I signed a lease 5 months ago with a 12 month term for an apartment building. There is nothing in the lease referring to lease changes being expected. The leasing company employees have not changed. Am I required to sign this new lease? Location is Colorado. The updates are all very small. For example they are changing policies on extra fees for holding packages and will now send them back immediately after holding them for a day. The request I was sent says “I noticed the key count on the first page of your lease was incorrect and there were missing addendums for your lease. I sent a few one off documents to correct the errors. “ It should be noted: the key count is actually not incorrect. The addendums also include details on parts of the building that were recently built after I moved in. (This is my second time posting because it was locked as an “update post” the first time please don t delete)

2022-06-10 20:42:50

You can refuse to sign the new lease addendum They can refuse to re-up with you when your lease term ends. Whether you sign it is up to you.

2022-06-10 20:50:54

Landlord Lease Deposit Disputes

Ex is pretending to be my husband?

For a little context my ex and I ended over 10 years ago. My husband and I met and started dating 8 months after the break up and have been together ever since. Through all this time my ex has been finding ways to harass me by giving out my phone number to people and labeling me as a sex worker telling employers I am a drug addict driving by my property or even sitting in his vehicle outside my property showing up in stores where I am shopping and approaching me hiding a tracking device on mine and my husbands vehicles etc. I have changed my number deleted all my social media bought new cars and put cameras and security around my home and property. Today I started getting phone calls from strangers asking how much we wanted for our boat. When I told them the boat wasn t for sale they would tell me that a person at the marina where we store it at is telling people that my husband put it up for sale and then giving out the number. I called the marina to clear up the issue and the woman giving out the information tells me that my husband had called her earlier and told her the boat was for sale and asked if she could get the word out for him. I asked her if she sure it was him and she said yes and then identified our boat and where it was located. I told her that wasn t possible because my husband is offshore on a ship in the middle of the ocean and doesn t have cell signal. She apologized and swore she thought it was him. I spoke with my husband and he was furious that they would not only give out my number so quickly but they didn t do anything to verify identity. I am not entirely mad at the marina but she did give the number that called and it is my ex s number. Is there anything I can do legally to get this nut job to stop? Or am I just screwed with him skirting the lines of harassment as the police keep telling me? We are in Texas as I forgot to include that information.

2020-09-14 15:51:23

Have you tried to get a restraining order? I m assuming the police suggested that but maybe not. It probably won t get him to stop but violations would land him in jail.

2020-09-14 16:52:40

Miscellaneous Legal Query

Hoarding neighbor promised to pay for fence. Now threatening to call police on us when we ask about it.

This is in the state of New York specifically Long Island. Long story short the neighbor in the house behind my parents has been a bit of an issue. The man that lives there is a serious hoarder and so his property has been cluttered with garbage everywhere. They also have been growing bamboo which has sprouted onto our side of the fence. Recently their house burned down (shockingly because of their hoarding) and the fence between our homes has been destroyed. The home owner s son came over and promised he d cover the expenses for a new fence. My parents didn t get any official document or signature promising that but I m wondering what would be the best approach for this situation. Their garbage is now coming over to our side of the backyard and their bamboo have essentially invaded our property as well. Please help.

2017-03-05 15:11:20

You can clear any bamboo on your property and you can put up a fence on your property. If the prior fence was your fence on your property then you could file a claim with your insurance for it s loss due to the fire and or you could sue your neighbor if you think that you can prove they are liable for burning down your fence. Other than that you can t hold your neighbor or their son to some promise that either of them made to replace their own fence.

2017-03-05 15:34:54

Neighbor Property Line Fence

Former friend changed my Account Number on my Season Ticket account. Has had almost $15k transferred to his account when it should have been mine. Is there any way I can get it back?

I have season tickets to a popular NBA team. The tickets are in my name but people often split season tickets for the price. I went in originally with three other friends and whenever you can t go to a game you can sell them through a linked Ticketmaster account. Whenever they wanted to sell a game I would put the amount in would get paid to my account and then I would venmo them. For example they want to sell two seats at $50 per seat ($100 total) it would go to my checking account and then I would venmo them $100. One time I was unable to do this for my friend (was camping away from a compute) so he asked for the login changed the price of his tickets and then sold them. What I didn t know at the time was he CHANGED MY ACCOUNT INFORMATION. He changed my checking account number to his but left all of the other contact info in my name address etc. There was never any mention of this happening. Since I had had money deposited into my account before this I figured it would still be going to my account so I didn t check for the longest time. This was three seasons ago and I have since gone solo on the tickets for the following seasons. This friend had recently got caught stealing from his roommate so he could sports gamble. This is now his reputation and we have had a falling out. Flash forward to a couple days ago when I started to check and see if I had been getting my ticket resale payments and I hadn t since the day he changed the account number. The value of the tickets is almost $15k. I immediately contacted Ticketmaster and my bank to see if this is an error but then it hit me all the funds have been going to his checking account. I reached out to Ticketmaster and they will be running a trace account on all the tickets that I told them I hadn t been getting paid for but the r account department won t be back from the holidays until January 6th. Is there anything I can do to get the money back? I haven t contacted the friend yet as I want to get it in writing from Ticketmaster but the fact that he has been getting thousands of dollars into his account on an almost weekly basis and hasn t tried to correct this angers me so much. Any and all help would be much appreciated. Thanks (Los Angeles CA Throw Away Account)

2019-12-29 04:22:30

&gt Is there anything I can do to get the money back? You can sue him.

2019-12-29 04:27:25

Miscellaneous Legal Query

[IL] Hospital liability or protocol for mishandling patient cadaver

I m not sure where to ask this question but I really want to bring it up with someone who might be able to point me in the right direction about it. My father recently passed away in the hospital. At some point after death someone at the hospital decided to shave his mustache before handing the body to the funeral home mortician. My brother was there at the time of death and confirmed that he had his usual mustache at that time so its removal wasn t necessary for any life-saving procedures to happen if that could even be argued for. I know this sounds silly but he has had this mustache throughout our entire lives and it was a key part of his look personality to us. We would argue that it was identifying for him. When the visitation happened the man in the casket looked like a completely different person than my father. I know mortuary cosmetics are at play as well and the fact that he passed away from liver cancer is there. Even still I can t help but think that the hospital shaving his mustache for no apparent reason took a major part of his identity away from us. He looked so completely unlike himself that my brother had to ask if it was the correct body. My poor brother who was physically with him during his last days told me he couldn t even have actual closure about the loss because the person in the casket looked so different than our dad. I feel the same way. It s like he isn t really dead because we did not see him there it had to be some mistake with the caskets. The funeral director and mortician said they d never seen this happen before in their careers and that it was extremely unethical. Is this emotional punch just something we have to deal with? It was such a shock and none of us feel like we have closure. I don t expect closure to happen immediately but it could have been more real to us to see him as he really was versus what they did. They had zero reason to shave it.

2021-11-17 03:19:44

I would speak to the patient advocate at the hospital and make a complaint. I m sorry for your loss.

2021-11-17 05:50:26

Miscellaneous Legal Query

Ex-husband threatening legal action to prevent my 10yo daughter from getting the vaccine FL

Hi I ve never posted here and I already plan to spend my day looking for a lawyer...I guess I m looking for peace of mind assurance info on what I m about to get into. Background: I m a nurse specifically cardiac (cath lab) and more specifically a travel nurse as of October 2016. My exhusband and I got divorced Dec 2014 after 5 years of marriage amicably- neither of us retained an attorney (our whole divorce cost about $400) and we both wrote in the court order that we both give up rights to pursue child support and all visitation will be coordinated by us as we see fit (we have joint custody). We got divorced in FL Pinellas County. The court never challenged it and up until recently he has never prevented me from seeing my daughter when I m off work for holidays etc we have always verbally text agreed to visitation schedules medical issues usually default to me since he is not a Healthcare provider in any capacity. We remained close friends and co-parented well often spoke.of how lucky we were that our daughter got to have separate parents that were friends. We even vacationed together. Until.... Whenever my ex-husband starts dating someone new he becomes very cocky and arrogant towards me: refusing to speak to me posting pics of our daughter with the new woman all over social media is suddenly too busy to talk to me about things regarding our daughter just an all around dick. This time is now different and the gf lives with him- I was never informed about this never met her have no idea who is living with my daughter. He claims it s like this because I would try to prevent him from.being happy . There is a documented history of him being verbally abusive (in front of daughter) property damage and threats from him. Problem: my ex-husband got covid lite last year mid summer from a bachelor party. He recovered well with no concerns that I know of. I have informed him every step of the way how hard my job has been because of covid how scared I ve been and grusome details of things I ve seen. He knows I m vaxxed I ve voiced concerns about our daughter- my ex-husband has stated he s suspicious of the vax he doesn t mask or take precautions despite my warnings. Daughter and I stay in constant contact and she is aware of how dangerous the virus is. Now that it s approved for her age group- she wants the vax. I made an appt for her that her grandma will.take her to. Dad told.daughter this was okay daughter told.me (because he refused to talk to me). dad refused to take her but apparently agreed she could get it As of now he is citing concerns that are commonly peddled by the qanon group. He doesn t want her to get the vax and as of last night states he will lawyer up to prevent this. I am coming home for Xmas dec. 23-30 he is aware of this and has verbally (and text) stated she will be with me for the holidays. How likely is it for him to get a court order preventing me from vaccinating her? Can he prevent me from seeing her this Xmas on the basis of being scared I ll vax her will this stumble into custody issues if I pick her up anyway can he charge me with kidnapping? According to daughter she knows nothing of what s going on....I told her to not listen to dad s reasons to go with g-ma to her appt today and I will take her to her 2nd appt when I m home. She has agreed and has stated how scared she is of covid again. She s not a baby she s 10. Dad is claiming she is only agreeable because im. shoving it down her throat I am petrified he will be able to prevent me.from ever seeing her and keeping her from getting a proven safe life saving vaccine....all because of his unfounded concerns I m worried that since he has her full time while I m working that I will be judged harshly that this will.roll into a custody battle and throw her life into chaos she s never experienced. I m worried that our unique set-up will ultimately bite me in the ass and I ll have to watch our daughter go thru her day to day unprotected because you re in California working all the time . She wants the vax I m doing what she told me to do. I m calling family law attorneys today. Edit: I retained an attorney that had good reviews in that county. Spoke to a paralegal who seemed to agree this was ridiculous but calmed my fears a bit nothing currently in the docket regarding this topic have an appt 12 14. Then I did a bit of research (using this term annoys me now) on current case law in FL.....both parties have to sign off on consent to invasive medical procedures unless 1 has sole medical custody (or is designated sole custodial provider of certain types of medical decisions). As I mentioned in some comments I believe our agreement states were 50 50 .or that i get to make those decisions (I ll check when I get home or the paralegal will). I also.got word from grandma that the pharmacy isn t vaccinating children without a custodial parent present (in FL some places are different). From what I ve read courts are not unfamiliar with this that covid has created a burden on the family law system and most jurisdictions side with vaccinations. While I feel confident I am still scared....considering ex-husband s prior behavior. I think I have a good case...but I m so so sad for my daughter. She s always known us to be agreeable and friendly. If anything now I know not to keep people at their word. I feel awful and scared. I just want her to be protected and it sucks im far away and having to rely on a person that is an idiot in that capacity.

2021-12-03 13:51:15

If your custody order requires both parents to agree on medical decisions then a judge will have to be the one to decide. No one can guess which way it will fall out He cannot violate a visitation order over this

2021-12-03 13:55:16

Miscellaneous Legal Query

[FL] Seriously need advice for unemployment appeal.

I asked for advice before the appeal and I got no comments :( But the appeal came and I received no phone call. I assumed the employer dropped the case. A few days later I started receiving mail from lawyers saying they will fight for me due to my unfavorable decision in my unemployment assistance appeal case. I log in and see the appeal went through. I don t know what this means. I don t know why I didn t get a call for the appeal but whatever. Should I call one of these lawyers to help me? There were a couple things inaccurate in the employers appeal that I think should be said but I don t know how to go about it. First they claimed I worked a month longer than I really did. I have proof this isn t the case. Also one thing I noticed was I only reported my income from 2014 somehow not including 2015 basically saying I made half of what I really did. Doesn t this actually hurt my unemployment assistance allowance? Seriously any help guidance advice would be great. Thank you!

2015-08-20 15:16:00

Back up a second. Did you call the unemployment office and ask why nobody called you? Did they have your correct phone number? &gt somehow not including 2015 basically saying I made half of what I really did. If you filed your claim before June 30 then no wages earned in 2015 matter. Your benefit amount is determined by the highest quarter in the look back period.

2015-08-20 15:30:47

Unemployment Benefit Issues

Want my dad to have sole custody of me [Minor in Georgia]

My mom is emotionally abusive but she has full custody of me. I want to live with my dad who actually treats me like a human being. But my dad has hit me in ways (a very long time ago) that would be classified as abuse. Could this be used against him? Also he doesn t make as much money as my mom and she has money set for my college tuition. If she loses custody of me can I still access money that was intended for my use when I m older? Or would she pay child support even though she would have to relenquish her rights as my guardian? What are my rights as a minor and should I be collecting evidence for a potential court case? I m just lost and confused

2019-02-11 02:18:19

Yes past abuse can be used against your father in a custody agreement. &gt If she loses custody of me can I still access money that was intended for my use when I m older? Depends on how she has it put away but if it s just in an account in her name you won t be able to access it. &gt Or would she pay child support even though she would have to relenquish her rights as my guardian? She would likely have to pay child support but it s very unlikely that your father would get custody with past abuse. &gt What are my rights as a minor and should I be collecting evidence for a potential court case? How old are you? In what ways does your mother emotionally abuse you?

2019-02-11 02:23:16

Custody Battle Between Parents

Question about clause in my contract will they own code I write in my personal time?

The text of the clause here. http: imgur.com BQo6QNr As per the bot this is Maryland.

2013-09-23 19:36:39

There s nothing in this album.

2013-09-23 19:43:23

Intellectual Property Ownership Concerns

Connecticut - Ex wife states that she will no longer pay mortgage - Contempt of court?

Ex wife agrees to pay mortgage and is awarded home. States in decree that she is responsible for all things cost related to home and that she will indemnify me. I sign quit claim deed. We agree I must be refinanced off by Jan 2019. Long story short she gets pregnant with some guy she just met and they moved into his house a town over. She tells me throughout the year that she will be selling the home. Has a buyer but she took a modification out on the home and the deal falls through last minute. She can t sell the home without either raising that amount or getting someone else to pay difference. She then drops on me hours after this falling through that well I took an extra month of maternity leave and that she has no future plans to make any payments. I have no document of her saying this but I called the bank that day and let them know that I was told she will not be paying. Not sure what to do about it or what this means. I told her that I would be willing to extend the amount of time it takes to get me off of the loan but it was agreed that she has to pay the mortgage. She stated that she will not do so. I explained that she will be in contempt of court which she laughed at me and said what is that going to do for you? She has a car that I have to pay a settlement on every month. Can I petition the court to take the car back? She wants to stop payment on the house why does she get to keep the car? What kind of punishments might occur as a result of this? Taking the car back would free up 300 dollars a month of her income. We currently have a 50 50 custody agreement with the kids with no payments to each other could she somehow spin this into now he needs to pay child support? even after moving into a 300k house with a husband that makes six figures? I m getting sick of the irresponsibility that she keeps exhibiting. I know courts don t care - caught her cheating. She spent an 8k tax return I gave her at Disney World Vacation instead of taking care of the kids responsibilities. Not sure if I should even bother with any of this or just let it all go. Please I really need help in this matter. I m tearing my hair out. Edits: Cleaned up details - fixed an error. Thank you

2017-08-05 01:34:45

NAL When the payments stop you take her to court for contempt. You need to keep up your end of the agreement or you both lose the high ground and are at risk of a counter claim of contempt.

2017-08-05 03:21:59

Mortgage Disputes After Divorce

[FL] Judification witheld. What does it mean?

I m currently at the end of my probation sentence and was told from the judge I will have a judification witheld and early termination if I do everything correct and fast. I was already added to the early term list but I never really researched witheld. Thanks

2016-10-09 23:27:47

I think you re looking for the term ajudication withheld . Basically it means that you were ordered to probation but weren t technically convicted.

2016-10-09 23:44:11

Miscellaneous Legal Query

Stolen Car Impound Yard Charges

My car was stolen a couple of weeks ago. The thief illegal parked the vehicle and got it towed. I paid 400$ to get the car back. Is there any way I can get this money reimbursed since the car was stolen and it was not my fault it was towed? I opened a police report Houston Tx

2017-01-23 06:58:37

It wasn t the tow yards fault it was illegal parked either so you can t get the money off them. You can sue whoever parked the car in that spot Which was probably the same people who stole it.

2017-01-23 08:09:22

Unlawful Car Towing Issues

[FL] University hasn t paid my stipend yet this year.

I am a graduate student with a fellowship through a company independent from my university. I have had said fellowship since 2014 renewed on a yearly basis. I am paid by my university from funds given to them by the company. They have not paid me yet this year and have not yet paid my tuition costs which has led to my being dropped from courses and to my student loans are now pushing for exit counseling. Of course I have been in constant communication trying to sort things out and have been repeatedly told that things are nearly done . The latest hold-up is due to a legal disagreement over IP ownership (university v company) on my work. Frankly I couldn t care less (as don t see any value in my IP) and don t see this as a valid reason to expect me to continue working unpaid. At this point I am owed a paycheck worth about ~$10k in addition to tuition coverage and afraid to continue working on promises alone. I m not very keen on starting a fight with either of these entities who have been kind to me but my needs have gone completely ignored for too long. I am upset that they have put me in this position and I am already stretched well beyond any reasonable expectation. What kind of legal action should I take if I continue to go unpaid? What if I am told that the company and the university could not come to an agreement?

2016-05-05 07:38:19

You really need to see a lawyer if there s over 10k outstanding and rising. Though it ll be important to know who exactly is responsible to *you* for paying the stipend.

2016-05-05 12:49:13

Student Financial Aid Challenges

Abandoned dog

New to this so sorry in advance if I do anything wrong. Back in March my landlord found us a tenant for my college house with a dog to fill one of the vacant rooms in our house. We had him sign a sub lease and all that good stuff. Fast forward to the weekend of July 4th. I don t live at the house during the summer while I m not in school so I decided to head up for the weekend to check on the house and make sure everything is okay. I was meeting my other roommates to enjoy the holiday weekend. When I got to the house it was a mess it looked like no one had been there in at least a week. I went to go check on the roommates dog in his room. When I opened the door there was dog pee and poop everywhere and it smelled awful and on top of that the dog was muzzled. Needless to say I was furious our house doesn t have AC and July in Pennsylvania can be very hot. So after I made sure the dog was okay I went to go look for my roomate. Turns out he had gotten arrested for breaking probation for his 3rd DUI (none of us knew about this before he moved in) and was in jail. We ve been taking care of his dog since then but he s getting out of jail on the 11th. Just wanted to know if there s anything I can do to make sure that dog doesn t get in that kind of situation again. Thanks again

2019-08-06 21:11:43

Depending on what the local shelter is like you could turn the dog in there and explain the circumstances. Room mate would then need to get the dog back from them. Could backfire if it s a high volume kill shelter (dog gets euthanized) or room mate is very angry with you.

2019-08-06 23:21:07

Service Dog Pet Limit

My old roommate is suing me for leaving our lease early per written agreement.

I live in Orlando Florida I am looking for any direction what so ever. My old roommate and I 12 months ago decided we would sign a 13-month lease at her request (it was cheaper). I had to move out 9 months into this lease but being she was a good friend I agreed to sign it and she agreed to actively find a roommate in my place for the 4-month interim. As of October 25th 2016 I gave her my notice I would as discussed leaving on January 1st 2017. This was over text which I saved for my own personal records. In these texts she said she would take care of the lease for the 4 month period including utilities. This also included finding an alternate roommate. Over the next couple months while helping her actively find a roommate I was met with statements such as Oh I cannot be bothered to find a roommate . To make sure everything was documented I continued to remind her via text when I was leaving when I would be paying the last of my half of utilities etc. I even actively looked for roommates for her which is also documented in text messages. A week before January 1st I reminded her I was moving out via text as I was away and was met with complete and total outrage. She acted as if we had never talked about this and I was to blame for her lack of money (as she neglected to find another roommate in that time). I reminded her of the constant conversations in text and person and her although upset with me accepted this fact eventually. I moved out in January and sent her a text that when she found a roommate I would meet her to have my name taken off the lease and the new roommate s name in my place. Included in this text I specified in changing utilities in my name and receiving half of the money of the furniture we paid for together. She insisted I take my name off the lease in which I was not the main signer or a co-signer but simply listed as living there. As there was a fee to take my name off the list and we had agreed the incoming roommate would replace my name to avoid this I declined. Fast forward to yesterday I was served papers at my door from a police officer stating she is suing me. She is suing me for the 4 months of rent (in full not half) all the utilities included. The only error I made was not changing my name and email on the cable and the internet. So in turn she also took it upon herself and did not pay the cable and the internet since January first having it run up close to $600 in late fees and not paid bills. When confronting her about that. She simply laughed and said along the lines of good luck my name is not on the cable and the internet but your name is on lease In consulting with my lawyer back in my home state (as I am here for school) He simply said I would most likely need a tenant and landlord lawyer and he is not 100% sure of the laws but if I were to lose it could hurt my credit. I am a student with cents to my name just trying to graduate honestly. I have all her statements in written texts which from what I found online do not impede hearsay law. I have no money for a tenant-landlord lawyer and really I m just looking for any guidance whatsoever. Or even if I have a solid case whatsoever. Thanks again for taking the time to read this mess.

2017-03-02 01:16:46

does your school offer legal aid? because you will need one.

2017-03-02 04:21:54

Landlord Lease Deposit Disputes

In light of the recent pitbull situation I was wondering would a bystander be charged if he killed the dogs with a firearm or some other way?

(Willaimsburg Va)-- Had to put a location but this is a general question -- If I saw a man getting mauled and I discharged a firearm and killed the dogs would I be charged or could I be? Is this a grey area or just curious really.

2015-09-12 23:11:09

You can generally use deadly force to prevent grievous injury and a dog bite can certainly be grievous injury. If this was a teacup chihuahua nipping at an ankle then not so much.

2015-09-12 23:13:55

Neighbor Dog Attacks and Injuries

Is it legal for a parent to hold birth certificate and social security card hostage even though child is 18?

Wisconsin resident I have a friend who got into a fight with her mom resulting in mother getting physical and cops bringing friend to a shelter. I am in process of getting friend started out with things such as job license and I will be getting her stable enough to get her own place. Her mother refuses to give friend her legal document and the cops here are not much help. Was curious how this situation works.

2018-01-24 16:44:24

The child can almost certainly obtain new copies of those documents even though it might be a pain to do.

2018-01-24 16:46:55

Miscellaneous Legal Query

Should I still receive my gratuity if the credit card was voided?

(CA) This is petty but I m broke. I delivery food for a Mexican restaurant. Last night I took a delivery and received a $15 tip on a credit card receipt. When I got back to the restaurant the customer called and complained about the order nothing to my fault. The restaurant decided to not charge the customer and voided the credit card receipt. Because of the void I was no longer able to receive the $15. I ve discovered that this is a common occurrence at the restaurant. Is this acceptable? Thanks in advance.

2016-03-03 19:59:40

Yes it s acceptable. Sorry you lost out on a tip. If it s a common occurrence because your employer is bad at satisfying customers you might want to look for another job.

2016-03-03 20:16:01

Unfair Tip Practices in Restaurants

Boss committed PPP loan fraud who do I report it to?

At the start of Covid boss laid off whole company files for PPP loan using all of our salaries (apparently) says will use loan to pay salaries then as soon as he is approved he permanently fired 2 part time people and 3 full time employees who made the most money so he could just pocket the cash. (Also said average salary was 80 000-which is.....a lie...highest paid person (non -owner) made 95 000 others made 60-75 000 and others were hourly at 15 an hour). Anyway who can I report this to? I figured he would get caught but the loan has now been forgiven.

2022-07-25 16:45:45

https: www.justice.gov disaster-fraud ncdf-disaster-complaint-form

2022-07-25 16:47:23

Miscellaneous Legal Query

Restaurant owners controlling tips. CA.

I work in a really small family restaurant as a cook. I ve only been here for a little over a month pretty much any food ticket the servers will give a portion of it to the kitchen. Never in my experience has that happen but it was nice and I appreciated it. Enter in newer cook there s only the two of us cooking there it s a fairly slow place. One day a server didn t give him any money he told on her basically now they re controlling the credit card tips. Any cash tip they get they can keep that day (and will give some to the kitchen). Then the credit card tips they ll write their name cook writing l working that days name and set it aside. At the end of the week the owner adds it s up and divides the money out to me or the other guy in the kitchen and the server depending who took care of the guest. This just happened and one of the servers told me they took more than half of her tips.... 1) Is this legal? I feel like tips don t have anything to do with the business and is a courtesy from the guest to their server. 2) In my experience if you write something on a credit card slip that a customer wrote their tip total signature on it becomes void. Is this true here? I just think this is just so ridiculous and I have never even expected to be tipped as a cook it shouldn t be regulated or even required in my eyes.

2015-05-04 22:06:59

http: www.dir.ca.gov dlse FAQ_tipsandgratuities.html Involuntary tip pooling is allowed but cooks are not one of the positions included as a tipped position.

2015-05-04 22:18:37

Unfair Tip Practices in Restaurants

Left my car properly parked on the street someone totaled mine and 5 other cars.

This happened on March 14th in Yonkers NY. I work in NYC and I take my car to the Glenwood train station. I parked on Glenwood avenue. I come home from work: no car. I think to myself maybe I m the idiot so I look around the station to see if I maybe parked my car in a different spot. Still no car. I call 911 to report it stolen and the officer tells me that there was actually an accident on Glenwood Ave in which six cars were involved mine was one of them and it had to be towed. He did not give me any information on the responsible party or time of accident or the damage to my car he just gave me the number of the impound yard. I called the yard the following day and apparently my car wasn t even towed there! Imagine my surprise... no one contacted me to let me know where my car is. It s like coming home to a house that has burned down. After calling all the other tow yards in Yonkers I finally located my vehicle. I asked whether the car is driveable and they said no. Then I asked what the damage is and apparently I was hit from behind and my hood ended up underneath the car parked in front of me. Keep in mind Glenwood Ave is a very narrow street with cars parked on both sides so how this happened is beyond my comprehension. I do not have collision insurance on my vehicle because I had paid it off and it was old. Mental note to always buy collision insurance from now on. Now I am still waiting for the police report that no one will provide I called the precinct they gave me the police report number and told me to go to [crashdocs.org](https: crashdocs.org). Ok I went it s not there and it has been a week since the accident. I d like to know whether the responsible party has insurance. In the meantime my car is sitting at the impound yard. &amp #x200B I am interested to know since my car is accumulating fees for sitting at the tow yard every day and I do not have any information on the responsible party should I just go there pay the fee and call a junkyard for the car to be taken away? In case I need to sue the responsible party if he or she does not have insurance would he be liable for the tow charges and not only for the damage to my car?

2019-03-20 14:29:02

You should absolutely pay the fee and have the vehicle towed as you will be liable for those costs until the at-fault party pays. Since multiple vehicles were involved there is a real chance their insurance policy limits might not cover all of the damages and you be left holding the bag. You may have a duty to mitigate your own damages a well which is a fancy way of saying you must keep costs like storage fees to a minimum. I appreciate it will be an out of pocket hit and is not always easy for people to cover but getting it out will keep that expense from getting bigger. It stinks and I truly sympathize but in situations like this your own insurance is really the only other party that can do anything until unless the driver that caused the damage has the money or is insured against the damage. It tends to take longer than anyone wants for another driver s insurance to pay even when there is coverage so being proactive and getting your car to somewhere that fees will not accumulate while you are waiting for the adjuster to come assess the damage is a wise first step. Best of luck.

2019-03-20 14:47:16

Miscellaneous Legal Query

Can my job make me pay with my own money for a mistake?

I am working as a to go person for applebees here in California and a person picked up a order. We were swamped and i got the order mixed up so he took someone elses order that was already paid for and left. My job made me pay out of wallet for it. Are they allowed to do this?

2020-06-22 02:57:21

No [they are not](https: www.dir.ca.gov dlse faq_deductions.htm) although they can fire you for the mistake. [You can file a complaint with the DLSE](https: www.dir.ca.gov dlse HowToFileWageClaim.htm). Be aware that even though retaliation for a complaint is illegal it can be hard to prove especially later on.

2020-06-22 03:00:43

Miscellaneous Legal Query

Sellers leaving damage and taking things out that are in the contract.

We are in PA. Our sellers have been the worst humans that I have ever had to work with. They refused to do the appraisal work the VA needed so we have to do it and we agreed to it because we could paint the gutters and out a temporary hand rail out front. When we went over to do the work found they took the smart locks off and left a hole in the door plus didn t even bother to paint the door so that it doesn t look like they took off locks that were part of the house. Then they took the curtains and curtain rods that were also in the contract. We re going today to see what else they took but at this point there is no telling what we don t see that they took or damaged. Would we have an out for this and would we be entitled to our hand money and any inspection costs back? This is the 3rd house we would be buying and have literally never experienced anything like this before. Edited to add: they changed out a shutter and didn t even bother to paint it the same as the rest of the house. So that s 3 things they taken since inspection that we know of.

2020-10-05 14:59:51

your recourse would be either the cost of the items that were in the contract that were taken or the items.

2020-10-05 15:17:37

Miscellaneous Legal Query

My landlord has a security camera inside my rental unit am I legally able to cover it? Ontario Canada

So I m renting a room in a house (landlord doesn t live there) in Toronto ON Canada and my landlord has placed a security camera inside my entrance by the stairs. He has used this camera to monitor when my fiance enters &amp leaves the premises down to the time &amp date. He called my parents (they are my co-signers) to tell them that my fiance had been sleeping over and he figured it out by looking at the times and dates on the security camera. Is this camera legal? If not can I legally cover the cameras with say electrical tape? I am tired of being under surveillance. [here is a picture for reference](http: imgur.com OkY1DkT)

2015-03-31 01:33:53

Does your lease say anything about the camera? IANAL but if not I can t see why covering it in a non-damaging way (just tape a sock in front of it or something) would be illegal. Also your landlord is creepy and a douche and I would move ASAP if you re a month-to-month tenant or as soon as you can if not.

2015-03-31 02:05:00

Privacy and Surveillance Rights

Cat may have eaten plastic bits found in his canned food

So this morning I was feeding my cat his wet food as usual except I noticed something dark in the middle of the pate. I fished it out and cleaned it off. It s a very hard piece of plastic about 1 4 inch long. I ve been in contact with the company and so far they ve offered to replace the food but my cat has been eating from this particular can for the last 2 days. They are also sending some sort of envelope which they want me to mail the plastic to them. They are going to call me back later today and I m going to request they pay his medical bill (X-ray). If they refuse to pay the xray bill for my cat which will be around $600 what legal action can I take? I still have the can and the plastic. There s still some food in the can I plan on digging through when I get home. Thank you for help

2018-09-26 17:21:45

Non-legal advice: you found a piece of PLASTIC in the cat food? Unlike metal most plastic doesn t show up on X-rays (unless it s had an X-ray opaque additive incorporated) so an X-ray might not do any good. If you do decide to get one done don t send in the plastic yet. Wait until after the vet visit and have the vet put the piece of plastic somewhere that it will be in the X-ray picture. This will let him know whether the plastic (presumably other pieces the cat may have eaten would have come from the same object) is transparent or opaque to X-rays.

2018-09-26 19:08:52

Cat Welfare Concerns

Weekend rental house changed terms of contract won t offer refund of deposit

Hello I would greatly appreciate some advice on this matter. This is happening in central TX. I booked a house for a birthday party using one of those popular websites like homeaway vrbo etc. In our conversation with the property manager we clearly stated it was a party and would have many guests over and he said No problem. They neighbors may complain but they can t really do anything. After I paid a deposit of several hundred dollars 2 things happened. First my city passed some very strict rules regarding short term rental properties and then the owner sprung a bunch of additional house rules on me a mere couple weeks before the party. Now he s saying I can t have any guests outside after 10pm (one of the main reasons we booked this place was the outdoor hot tub and fire pit) or there s a fine if more people enter the property than the number we had agreed would spend the night (12) that s a fine if a neighbor complains for any reason that s a fine. You get the idea. I considered it fair that I should be able to cancel my reservation and get my deposit back since he s changing the terms of the agreement. He argues that it s mainly city ordinances which he can t control and the other issues were just miscommunication. Getting nowhere with him I initiated a charge back on the credit card and got my money back but now he is threatening to press legal charges for credit card fraud. I mostly think he s bluffing because it wouldn t be worth it for a few hundred bucks but he says that he has the documentation he needs to win the case and won t hesitate to take legal action because he believes I will be forced to pay court costs. Any help or advice would be hugely appreciated! TL DR: Booked a weekend house rental for a party (stated up front) owner suddenly imposed strict rules and fine schedule refused refund charged back credit card threatening legal action.

2015-11-28 00:39:38

Well he can t press criminal charges so that d bullshit. Possibly he could try to sue for the amount. You can t contract for something illegal so given the law was changed potentially you could argue the contract was frustrated. Hopefully someone from your specific jurisdiction can say if that would apply or not to a change in the law.

2015-11-28 04:09:31

Landlord Lease Deposit Disputes

Need Quick Advice Re: A Transient Going to Sentencing this Morning Please!

For ease I will describe what I understand to be true as fact. I m happy to clarify anything that seems unlikely my information comes from various sources including the subject. A transient (T) was falsely arrested a few months ago. She was already on probation for multiple minor charges (i.e. drunk in public) when she was shopping at a local store and got into an argument with an employee. The police were called they looked for a reason to arrest her and the store clerk said T spit on her. T is adamant that any spit that may have come out was accidental because she was talking loudly. After some time trying to meet ongoing probation requirements (it s hard to keep appointments if you don t know what month it is) T was eventually picked up for missing a court date and has been in jail awaiting trial for months. Her Public Defender was going to take it to trial because the DA wouldn t budge and wanted to throw the book at her the PD thought that was dumb. For background: T is mentally ill physically disabled has cognitive impairments TBI has been living on the streets for a decade in and out of jail for minor offenses and drugs but nothing serious. T has court this morning and I found out late last week that it is for sentencing. I spoke to T (who is not always the most reliable source but tends to be honest with me) and her PD convinced her to plea no contest otherwise they were going to give her a year and a half because the judge doesn t want a trial. Her PD also told her she d seen surveillance video which does *not* show the store clerk reacting as though she d been spat on. I m concerned T doesn t understand that pleading no contest to something she was falsely arrested for means she won t be able to potentially recover damages from the false arrest (she had been trying really hard at that point and there had been some improvement and she was *on her way to therapy* when this incident happened). I want to send an email to her PD before the sentencing to express my concerns that T isn t fully mentally competent and that she doesn t understand the implications here. I have about an hour. Also I know this kind of plea coercion is common but I hope I don t sound too naive when I say I don t like it being used on a vulnerable member of the population. She has literally no resources in life it was all too easy for a retail clerk to get annoyed that her authority wasn t respected and have this person incarcerated for months for it and the police actively helped. Question is: Anything specific I should shouldn t say in this letter? Location: California

2017-07-17 13:29:40

&gt I want to send an email to her PD before the sentencing You can send whatever you want but the PD won t listen to you or likely respond to you. They have a responsibility to their client and that includes not listening to randos who email criticizing their work. The attorney and *only* the attorney has full command of the situation. That includes T s record T s charges the chances of T winning a trial the chances of that win actually meaning anything et cetera. Without sounding like too much of a dick here it s pretty arrogant of you to figure that you from the outside with secondhand and incomplete knowledge have a better command of T s case than her attorney does. As is with an hour before sentencing you re not doing anything. More than likely the plea s already been entered - in most cases the guilty plea and the actual sentencing are separate. Even if they are together the PD isn t changing an agreed-upon strategy at the last hour because some random person demanded it.

2017-07-17 13:36:59

Miscellaneous Legal Query

I was deliberately falsely accused of assault and proved it in court. Can should I sue?

It s a long crazy story but I ll try to briefly sum it up. My girlfriend and I both worked in the same restaurant In Vancouver BC Canada I was a chef and she was a server. She had a regular guest we will call Joe that over time began harassing her sending her inappropriate emails. He was a good friend of the restaurant owner and was allowed to occupy tables in her section without ordering anything. My girlfriend had informed me that she had a weird regular but I didn t know the full extent of his behavior at the time it was going on. One day while my GF and I were both working Joe asked to see me so I went out and said hi. We talked about the food and the restaurant and that was it. About a week later I was having a drink at a pub with some friends when I got a phone call on my cell from the police. They asked me where I was and told me to remain where I am as I was under arrest for assault and officers were on their way to meet me. I was completely confused. When the cops arrived they said Joe had accused me of assault. I said i didn t do it the police said that s what they all say lol. The police gave me some advice for legal services and mentioned that he was known to police . A trial date had been set and I received in the mail a package with all the available evidence against me. Joe had written a 3 page letter outlining details the alleged assault. Without a lawyer I was able to prove to the judge I didn t assault him based on lies and inconsistencies in the letter. I had a copy of my work schedule signed by mt bosses which proved I was at work with witnesses when he said it happened. The judge dismissed the case. Months after I was recounting this situation to some fellow chefs friends an an event and learned that Joe is known to do this in other restaurants and has been banned from some of them. Should I take legal action against him? Am I able to?

2018-07-16 18:26:23

&gt Should I take legal action against him? Am I able to? It s unlikely that you can sue him for making a false report to police because such communications are privileged against *civil* legal action. It s against public policy to allow lawsuits for making police reports that turn out to be baseless. However it s almost certainly a crime to make a false police report so he could likely be criminally prosecuted. Call the police and ask them to initiate an investigation.

2018-07-16 18:30:29

Miscellaneous Legal Query

Out of country child abuse

When I was younger (I m still a minor) my mom brought me and my sister out of the country on vacation . While we were there She got remarried (she and my dad divorced a few years before this) to a guy who was a citizen of that country and they abused me and my sister. She divorced him later and he went to jail in that country and now me my mom and my sister live in the US again. I wanna know if she can get in trouble with the US authorities for doing that (it was like 6 years ago).

2020-03-23 11:34:53

Lots of factors - we need way more info. Firstly why are you asking? Is there someone threatening to get your mom in trouble? Is it your dad or this person she married abroad? A government agency? When she left do you know if there was a custody agreement in place? When you say they abused me do you mean your mother participated or just the new husband? I don t want to pry so feel free not to answer that last question but it could be quite relevant.

2020-03-23 19:31:27

Third party custody concerns

bank fraud from 5 years ago

So about five years ago now I really fucked up and sent my bank card out to one of those fraudulent people who post on Instagram saying they can get you large amounts of money for free. I did it and had my bank account closed with me not being able to open a bank account anywhere else. Its been 5 years and I ve been using my girlfriends account for my direct deposits for my job cause my job doesn t want to hand out checks for obvious reasons. Is there a way I can try getting a bank account now or a way to dispute it. It was about 10 000 dollars they put on my account but I never took any of it out so I think that ll really help. Any advice. Im in Florida if that changes anything

2022-01-09 17:05:19

It s possible. Generally bad items stay on chex systems for 5 years. Chex is what banks use to see if you owe previous banks money.

2022-01-09 18:09:13

Fraudulent transactions via hacked account

[PA] Brother in law s estranged friend alleging he rubbed up against her what will happen?

Repost because I was frantic the first time Brother in law s estranged friend is threatening to report him to the police because she s claiming that while they consensually cuddled together 5 years ago she feels he rubbed up against her backside sexually. What can come of this? I m worried about him and getting together legal representation on his behalf. He doesn t want this police report hanging over his head forever when he applies for jobs

2017-12-03 00:07:24

Stop freaking out. If the police come calling he should be polite and decline to speak with them. Unless and until that happens you re freaking for no reason.

2017-12-03 00:14:23

Miscellaneous Legal Query

[MI] Violated parole missed court due to late mail notice what now

Throwaway obviously. I pled no contest to a Class 4 misdemeanor in Michigan and was sentenced to one year of jail to be held in abeyance of one year of probation and paying fees in that period. I missed paying my January fee and I got a letter on Feb 14th stating I was due in court on Feb 6th. I made my January and February payment then called my PO and left a VM. I called the PO department and they confirmed my PO got my message. I called again this morning the 20th and got her VM again. I have not gotten any return calls from anyone. I am a single father I can t afford for my son to go into foster care. I am also 1000+ miles away so I can t just pop around the bend to have a chat. What can I do? How can I set a court date to explain that I didn t have a job in January and that s why I couldn t make the payment but I am now caught up? What are the chances I am going to go to jail and my son will go into foster care? Any advice will be helpful.

2018-02-20 22:27:50

IANAL but I am a PO. You can call the public defender (or your attorney) to see what course of action is available. I usually have my clients just show up to court or write the judge a letter explaining what happened. You may also be able to contact the clerk s office for further direction. Typically my judges let clients off with a warning if they take care of their warrants missed court dates right away.

2018-02-20 22:37:08

Questionable Arrest Circumstances and Legal Representation

Father died no will and he owned some property. In Illinois

My dad passed a little over a month ago unexpectedly. He had no will or anything. I m the oldest (25) so I really have no idea what to do here. I understand the basic idea of taking claim to his estate but he owned a “business” building with a relatively shady guy who just wants us to give up the building for free I guess. Both of their names as far as I know are on the buildings. My dad paid for the buildings and guy was supposed to pay him back for half whenever but that never happened. Also power and bills were in the business name but my dad took care of it. Apparently the deposit check was delivered from Ameren to the building for the business name but it was my dads money. Shady guy is trying to cash it too. He also may have a credit card for the “business” as well that he is actively using. I just have no idea how to deal with any of this.

2018-12-31 01:04:54

Contact a probate real estate attorney ASAP.

2018-12-31 01:20:08

Miscellaneous Legal Query

Grandmother forged mother s signature on my pre-paid college funds. [FL]

I saw another post on the front page that made me eager to write this out. When I was younger my Grandparents set-up a pre-paid college fund for me that eventually had garnered up enough to send me away to college for a full degree. I don t know much about the fund but I know my mom s name was on the account. Last year my mom found out that they had taken all of the money out of the account to buy a brand new car in me and my sister s expense. I would assume that they forged my mother s name to take the money out of the account. My mom has said she doesn t want to do anything about it and as it was so long ago I don t know if there is much I could do about it. But I was curious to see if anyone could give me advice as to what action I could take because now I am legally an adult and would consider doing something about it. Thank you.

2017-05-21 18:36:50

You don t have a right to anything and even if you did are most likely misinformed about what happened. Florida Prepaid is set up sort of like the similar Florida 529. You have the account owner and the beneficiary . The beneficiary is who will be using the account and its possible for the owner and the beneficiary to be the same person. Unlike a traditional 529 theres no logical reason for your grandmother to fund the account but have your mom be the account owner. It s most likely that your grandmother was always the owner and you were the beneficiary. Unlike a UTMA or a UTMA 529 until the funds are withdrawn they remain the full property of the *account owner* not the beneficiary. In addition the account owner can change the beneficiary to anyone they want at any time. This is helpful for parents with multiple kids. If the oldest gets a full scholarship they can easily transfer the money to the youngest kid or even to themselves if they want. Florida prepaid is set up so that they calculate what they think the cost will be when the beneficiary gets to college and then they set up monthly payments to cover that amount. So the earlier you start the lower your monthly payments will be. But the money that the account owner pays every month is still their money - it doesn t become the property of the beneficiary just because it is for them. At any time the account owner can [decide to cancel](http: www.itppv.com documents pdf prepaid prepaid-cancellation-form.pdf) the plan. If so the contributions to the plan will be refunded to the *account owner* (minus any fees). The earnings on the plan will be refunded minus any taxes fees and the 10% non-qualified withdrawal penalty. So it s not a smart financial decision for the account owner to cancel the plan and it can certainly cause the beneficiary to be annoyed especially if they were counting on it for college. But legally it was never the beneficiaries money in the first place.

2017-05-21 19:13:45

Miscellaneous Legal Query

(US NJ) I am being fined for skipping a toll at an E-ZPass lane despite having paid the toll in cash. The website does not allow me to file a dispute without a copy of the receipt for the toll but I was not offered a receipt nor was it made apparent that they were available.

A few weeks ago I paid a toll on the NJ Turnpike in cash. Today I received a notice of enforcement action claiming that I had not paid the toll and I am charged $3.00 for the toll as well as a $50.00 administration fee. When I tried to file a dispute through their website It did not allow me to submit one without a copy of my receipt from the toll but I was not offered a receipt nor was it made apparent to me that a receipt was available. What should I do to dispute the charges? Edit: The toll booth i used was an E-ZPass or cash lane but the yellow flashing lights indicating that the booth was set to E-ZPass only were not activated. I was alone so I do not have a witness to corroborate my story.

2018-01-22 22:40:50

Is there a number on the fine notice that you can call?

2018-01-22 22:44:20

Miscellaneous Legal Query

As an adult can my birth certificate be amended from Father Unknown to my real father s name?

My California birth certificate says Father Unknown and I was given the last name of my mother s at the time (which was that of her first husband they were already divorced when I came along and obviously no relation). When I was 18 my mother finally told me my father s name I found him and we had a good relationship until his death last year. I d really like to amend my birth certificate to list his name and change my last name to reflect his name. I d like to know if this is even possible since my father has now passed although other family members on his side are alive if a DNA test is required. Any help is appreciated!

2016-10-19 18:42:41

Changing the birth certificate after the father has passed really doesn t accomplish anything and would be difficult to prove since you can t do a paternity test but you can go to court and see if a judge will issue such an order based on the evidence you have. [Here s a source for you: https: www.cdph.ca.gov certlic birthdeathmar Documents Affidavit-BirthPAMPHLET-(01-14)-MERGED.pdf

2016-10-19 18:55:16

Miscellaneous Legal Query

Domestic abuse help [Austin TX]

Posting on behalf of my coworker. I found out after my coworker had to call out because of a family emergency that her husband is an alcoholic and is abusive (that coupled with some facebook posts led me to ask if her husband had hurt her). He has never gotten physical with her but in the past he has threatened to kill her and he has threatened her with a knife on two different occasions. She said the last time was about a year ago. They have two children under 9 years old. The incident that caused her to call out involved her husband coming home smashed her calling him out on it and him denying and becoming verbally abusive. She stated she was staying somewhere else for the night and started to ready the kids. He started taking video of her trying to make it look like she was trying to drive drunk with their kids (she d had one drink at a wedding earlier that evening). She called the police to come out and give her a sobriety test so there would be official record that she was not drunk. The only thing she told them was that he was taping her and trying to make it look like she was driving drunk with the kids. She wants out but she says it s not that simple with kids. She is afraid he would get partial custody and then he would most likely be drunk while supervising them. She also said that most single mothers live in poverty and he has explicitly told her that he would never pay child support. I told her he doesn t get to decide that but she said she can t afford gong to court. So I am wondering if anyone here knows of legal resources in Austin or is a lawyer knows a lawyer that would be willing to help her. Or any other advice that might be important.

2016-09-24 14:49:56

IANAL but he could weasel out of child support by working under the table and whatnot. Especially if no one enforces his court ordered payments. If your coworker has legitimate proof of his frequent drinking and abuse it is unlikely he could end up with custody. Courts think about what is best for the children above all else and if the dad has proof that *he* would do better with the kids they will award him custody. She needs to document everything and look into a lawyer

2016-09-24 15:27:16

Miscellaneous Legal Query

Am I being extorted? (NY)

I currently share 50% legal &amp 50% physical custody of one child with my ex. For the past 12 years there have been no changes to our support agreement which states that there would be $0 paid to either party since we share custody equally. Recently I ve been asked by my ex for a monthly amount for unspecified expenses. When questioned I don t get a straight answer as to what has changed. After going to court and having our original support agreement upheld by the magistrate I am now still getting the same requests for money but with the stipulation that if I pay I won t be taken back to court for another 8 years.

2015-11-20 04:02:25

The thing is - if she wants an adjustment to the support agreement she s going to have to say why it should be made. Personally I d tell her to go ahead.

2015-11-20 05:19:45

Child Support and Custody Battle

FL - My license is suspended and it s not my fault what do I do?

I got two speeding tickets within a week of another (I know I m dumb). I paid a ticketing service to contest the tickets in court and for both tickets I had to complete 15 and 20 service hours respectively and I d get no points on my license. Just fore note the timesheet for the first ticket was due March 31st and the timesheet for the second ticket was due May 9th. I completed the hours for both tickets and submitted the timesheets for both on time I even received a confirmation of receipt from the county clerk s office for the second ticket. The first ticket got sorted out smoothly and quickly here s where the issue comes in I received a notice of noncompliance on June 14th. So I forwarded an email with several attachments: my service hour form for the second ticket the confirmation of receipt that I received from the county clerk s office and my initial email to the clerk s office. I first sent it to my ticketing service and then I subsequently sent it to the county clerk s office. Yesterday I received an email from my ticketing service saying that it was confusion on their end since you had another case involving community hours so it was a definite possibility that I get my license suspended on July 11 2019. Lo and behold today my mom sent me a picture of my notice of license suspension and I m not sure what to do now. The ticketing service said that they ve directly contacted my case manager and she has directly emailed the county clerk s office in and is currently attempting to expedite my case since it involves my license being suspended. &amp #x200B Also I am currently not in the county where this all took place and I am away for college. Please let me know if anything needs clarification! Any help suggestions is welcomed.

2019-07-10 15:15:51

Whatever you do to resolve this don t drive until you have written confirmation from the DMV that you licence is not suspended.

2019-07-10 16:16:24

Unresolved Speeding Ticket Issue

Brother s one family vehicle was totaled in an accident. Insurance company is trying to give only 70% of the value.

Posting for my brother. He lives in Texas. Recently he was involved in an accident and the insurance company declared his vehicle (2007 Lincoln Navigator L Ultimate) a total loss. In case it matters he was hit by another drive but because the other driver lied to police the police listed my brother at fault. Based on NADA KBB local comps his vehicle was worth between $10 000 - $11 000 but the insurance company is only offering him $7 100. They re using non-L (L is the designation for physically longer versions he has 6 kids and can t fit everyone in the standard size SUV) versions of his vehicle with fewer options as the basis for their valuation. After my brother emailed the adjuster back with the details that his vehicle is an L version and a laundry list of options that his Navigator had that the insurance company s comps did not have they insist that the payout for his total is $7 100. One of the reasons they cite is that the payout is “the lesser” of either 1) what it costs to repair the vehicle or 2) what it costs to replace it. It would cost less to repair so they insist they can only give him the repair amount. I know insurance companies are highly regulated but he s getting nowhere at this point. Does he have any other options or recourse?

2019-08-22 10:51:38

Basically they re trying to strong arm you into taking the $7k. Ask to see where the policy states that you will be paid the lesser of the repair cost or actual value. But just know they know if you don t accept their terms your only option is to sue.

2019-08-22 11:26:10

Insurance Denial Car Accidents

How can I remove my violent brother from our house lives?

I am a minor and live with my mother and 22 year old brother. My brother is very violent selfish and overall a piece of shit. He has violent episodes weekly where he breaks shit and threatens us with knives. Both my mom and I want him out of our house and out of our lives. It s just a matter of time before he hurts or kills someone. The only way I can think is to call the cops on him for smoking weed. But wouldn t they only give him a citation or very little jail time? I have no problem getting him locked up but i m not sure if there s a way to. I live in Georgia.

2018-06-08 02:49:29

If he s violent you can call the cops for domestic violence. Get an order of protection. At the same time give him notice to vacate. Look up the eviction laws for your state. when the required time has passed and he still hasn t left you can file for eviction. The OOP will make this much easier if you can get one. the violence will help expedite that. edit: in case you need it it is legal to secretly record someone in georgia. well it s one-party consent which means someone IN the recording needs to consent to the recording. That means if you record his violence against you or your mom it s totally legal and admissible.

2018-06-08 02:51:25

Miscellaneous Legal Query

[Texas] All water shutdown in apartment complex for over 48 hours what can I do?

There was an emergency and there has been no water in my complex for over 48 hours they have only given updates that they can t fix it yet and have no clue when It ll be ready. They most they ve done for us is bring donuts and water bottles for us to have. One side of the complex has water and they are offering to drive people from the leasing office to that complex to shower use the restroom but that is all. I went in for the restroom and the manager took me on the golf cart to a maintenance closet that had a c and a restroom but then left me there once she dropped me off so I had to find my way back in the heat right before I had to leave for work. This is extremely frustrating and my apartment is inhospitable I work late hours serving and when I get back home the front office is obviously closed and I have no way of taking a shit in my own apartment or a shower after a long shift. Is there anything I can do or am I just stuck in my situation?

2019-09-14 20:22:44

I m a Texas-licensed attorney but haven t practiced there in years. Here s what we did when my Austin-based daughter s ground floor apartment was flooded this spring due to amazingly stupid landscaping work where the workers buried the drains causing the flood of 13 units at her complex. My daughter checked into a reasonably priced hotel. She kept complete receipts of all lodging and meal expenses. She notified the apartment every day of the expenses. The apartment kept telling her they wouldn t cover anything. I notified the apartment managers that I was representing my daughter and that we would sue the complex in small claims court for all damages due to their negligence including furniture replacement etc. (she got 8 of water in her apartment). We got paid for everything in a settlement that included her moving out.

2019-09-15 01:32:35

Water Bill Dispute Resolution

Custom Engagement Ring broken maker refuses to fix or refund.

*Update Thanks Happy_Bridge I have started a dispute with my credit card company hopefully this takes care of everything it sounded promising. Image Album: http: imgur.com gallery V1Ydu new Location: Mine is New Mexico the Jeweler is from Florida I ordered a custom engagement ring from a custom website that links buyers and sellers. She originally cast the twigs coming up alot farther out than designed and just forced them weakening the metal in the process. Then when I received the ring for the first time the gems were crooked so I sent it back to have it straightened and when it returned straight a week later it snapped because she had fixed it improperly. I would like to see who agree The Jeweler is in breach of contract and is responsible for refunding our money. The ring produced does not in fact satisfy the contract for the Engagement Ring originally requested and the alterations do not void this as they were necessary to get the ring to the state it was meant to be according to the contract. While fixing the ring the ring should have been melted down and recast rather than bent and quenched which made the ring overly fragile and caused it to break in less than a week of receiving it back. The term Engagement Ring in the title of the Project represents one of the key points in where she failed to meet the requirements requested. An Engagement Ring is a ring that is supposed to be worn every day for the duration of the engagement. The ring The Jeweler produced was termed as a Dress Ring (see message dated 12 06 2014) meaning the ring is too fragile for everyday use. This is compounded by the fact that she did not produce the ring in the fashion that she originally charged for or with the gems which I paid for. I should be refunded or otherwise compensated for the recasting of the ring. My fiancée and I have another jeweler who says that he can do the actual design for roughly $650 using the materials from the broken ring plus some additional white gold to compensate for the loss due to refining the gold. He has explained how a simple repair to the ring will not work because of the quenching of the white gold the Jeweler did. The entire ring is too fragile to work on and must be melted down in order to make it an everyday ring. She had never done a trellis setting and she failed. She should have never bid on this project if she is unwilling to fix her mistake at no additional cost. We were willing to work with her and allow her to remake the ring but she has refused to recast and reset the design trying to get us to allow her to do a different style ring that she is confident she can produce. Details of the mistakes: My ring was supposed to feature 4mm fine tsavorite garnet which she failed to set and she replaced it with a less expensive Topaz stone. This alone should be grounds enough for a refund as she failed to deliver the product she was contracted to do. Secondly she said that she could use the twigs to hold the stones in place without the use of premade settings and she even charged extra as quoted below. The Jeweler 4 25 14 I do like it. I can work with the wax and see how it comes out on the scale with the 3 and 4 mm stones and decide where to use something like that. I can send a pic of the wax before I cast it and you can see if you like it or want to change it. That s what s nice about lost-wax. I can do the whole design and not use any ready-made settings so it will look more original as we ll. It s a bit more work but only adds maybe $100 onto the price of the ring. I found a nice source of tsavorite and I m also going to a gem show next weekend so I can look for one there first possibly from my regular sources I like. This is further proof that I should be refunded as she failed to deliver the product required on both accounts. She also failed to have it delivered in the amount of time proposed. Therefore bullying me into making these sacrifices and changes to the ring just in order to have the project completed and keep my planned proposal date. I was not aware of the compromises she was making in the quality of the ring by taking shortcuts to try and finish it. The ring should have been completed July 19th 2014 and was not done until August 27th 2014 over a month late. Thanks for reading and input let me know if I left out any details Edit 1: Her reply to asking for the recasting was that she needed to charge extra to give me the ring I originally paid for. The Jeweler 12 21 14 Hi _____ I am out of the country with horrible internet service until January so I m sorry for the delay in my response. I just got internet and only a couple of hours. I would not re-cast the ring as the cast part is fine. It s the baskets holding the stones that have softened and need to be work hardened. I already did what was asked even though I warned you it might be a problem so at this point I am not willing to re-make a whole ring. I will remove the stones work harden the settings and reset the stones but I need to charge you for this extra work because chances are it will be difficult and something may break and need to be fixed or replaced including baskets and stones. It will be $125 to do the work plus the cost of any baskets or stones that break. If you are willing to do this then I will bill you in January and you can send the ring then. Also here is my Review I wrote includes a bit more detail and more thought out order Timeliness: 1 5 The Jeweler would rarely provide updates on the progress of the ring. I would go weeks without updates then ask her how the ring was going only then she would provide a picture of the progress. She started the ring late and was therefore rushing to get the ring done when it was due therefore bullying me into making sacrifices and changes to the ring just in order to have the project completed and keep my planned proposal date. I was not aware of the compromises she was making in the quality of the ring by taking shortcuts to try and finish it. I allowed her more time and then she failed twice trying to set the agreed upon stone (we will come back to in quality). She also failed to have the ring delivered in the amount of time proposed. The ring should have been completed July 19th 2014 and was not done until August 27th 2014 over a month late. Communication: 3 5 The maker was friendly and pretended to be helpful until there was a problem. Then she started coming up with excuses for her poor craftsmanship. Professionalism: 2 5 Very unprofessional communications complaining about respectable gemstone companies because she could not properly set the stone in the contract and letting personal commitments get in the way of business deadlines. The Jeweler 7 24 14 Hi____ I cleaned it up got two of the settings in last night but need to do the third it s being difficult. Then set the stones. I m so close and wanted to finish before I left town for a few days. My parents are coming for a visit and we re all attending a workshop and will be back in a week. Do you need it sooner than the second week of August? I get back a week from Monday. Note that the date was already past the original completion date of 7 19 14 The Jeweler 8 17 14 “Ok. I m angry now. I got the new stone. Inspected it. It looked ok set it in the MOST gentle way possible and yep there s a crack running through it! I can t believe it. You know they look just like emeralds to me and emeralds are supposed to be more fragile but I have set them dozens of times and have NEVER had one break like this. I m mad now because it s cost a lot to get TWO stones. I m calling tomorrow and asking for the money back. Do you want to go with an emerald? A nice one looks better than these and will cost about the same! I don t trust these stones at all and other dealers have them at higher prices still. I am so sorry. I can t even believe this because I ve ordered paid for and set TWO stones now! I will ask them tomorrow what the options for a stone that color are and have them send me pictures. They shouldn t sell stones that break when you so much as look at them. This is really bad.” Quality: 1 5 My ring was supposed to feature 4mm fine tsavorite garnet which she failed to set and she replaced it with a less expensive Topaz stone. She failed to deliver the product she was contracted to do. Secondly she said that she could use the twigs to hold the stones in place without the use of premade settings and she even charged 100 dollars extra as quoted below. The Jeweler 4 25 14 I do like it. I can work with the wax and see how it comes out on the scale with the 3 and 4 mm stones and decide where to use something like that. I can send a pic of the wax before I cast it and you can see if you like it or want to change it. That s what s nice about lost-wax. I can do the whole design and not use any ready-made settings so it will look more original as we ll. It s a bit more work but only adds maybe $100 onto the price of the ring. I found a nice source of tsavorite and I m also going to a gem show next weekend so I can look for one there first possibly from my regular sources I like. Third the gemstone in the ring were crooked and skewed to the side the first time I received the ring. She had avoided taking a directly vertical photo because it is very obviously askew. I naturally sent it back to have the stones aligned she claimed that the ring was not designed to have the stones in a straight line. In every photo I sent her of the design and the drawings they were all aligned. The Jeweler 11 22 14 I m still struggling with the stones. It was not easy to get them to line up since it wasn t designed like that. I almost have it but I have to set the last stone. The ring broke less than a week after receiving it back from her without even hitting it on anything this was just walking from my fiancées car to her house. The setting and one of the twigs snapped off. I had this inspected for repair and the jeweler said the entire ring was fragile as she had overworked the metal and most likely quenched the metal (allowed it to cool much to fast) so the white gold was much more fragile than it should be. He said he would not attempted to repair it as it was too much of a liability for him as the ring was likely to break as he worked or shortly after and recommended that we have her recast it and try again. (He didn t want money for the consultation or business from us) he said it looked like her first time and to let her try again for practice. Her reply to asking for the recasting was that she needed to charge extra to give me the ring I originally paid for. The Jeweler 12 21 14 Hi ___ I am out of the country with horrible internet service until January so I m sorry for the delay in my response. I just got internet and only a couple of hours. I would not re-cast the ring as the cast part is fine. It s the baskets holding the stones that have softened and need to be work hardened. I already did what was asked even though I warned you it might be a problem so at this point I am not willing to re-make a whole ring. I will remove the stones work harden the settings and reset the stones but I need to charge you for this extra work because chances are it will be difficult and something may break and need to be fixed or replaced including baskets and stones. It will be $125 to do the work plus the cost of any baskets or stones that break. If you are willing to do this then I will bill you in January and you can send the ring then. – Shipping Delivery: 4 5 Once delivered to the post office it was very quick shipping. Value: 1 5 I have been left with a broken unwearable ring that took a month longer than it should have to make and then I still had to send it back for corrections because it was made incorrectly the first time. She only offered a 100 dollar refund which only would even cover the 100 she overcharged me for making the ring without premade settings which she failed to do. Terrible value I tried to give her a chance and even told her I wanted to have the wedding rings done by her and she still didn t have the decency to fix the ring and give us the product that I originally contracted her to produce. Edit 2 more responses after I requested a refund The company got involved at this point and replies went through them and I received these I ve discussed your project further with The Jeweler. At this time she would like to offer a $100 refund provided that you will not leave a negative review and will consider her part in this issue to be resolved. Please let us know how you would like to proceed. I replied Thank you but considered that it will cost 6 times that to have the ring repaired to the state it should have been if that is all she will do then I will continue with the review and lawsuit. The minimum I will consider is a 50% refund of $525 and I will cover the rest of the repair. In my opinion that is more than a fair offer The response from the company Jeweler The Jeweler is willing to issue a $525 refund but she would require that the ring be returned in its original condition with all stones included before doing so. Please let me know your thoughts on this. She also wants a release of claims... I m afraid that The Jeweler is not willing to accept the material cost as the full payment for the ring and will not agree to having the ring returned in exchange for a 100% refund. She does not wish to make any further offers at this time. Best

2015-03-07 01:39:42

Tl Dr please

2015-03-07 14:00:10

Engagement Ring Issues Resolutions

Landlord kept all of our deposit and did not make repairs.

The short of it is we moved out from a house we had lived in for 1.5yrs about 90 days ago. Location is West Virginia. About a week after we moved out we were notified by the home owner that we would not be given our deposit of $2000 due to repairs exceeding our deposit. There was a nonrefundable pet deposit of $250 that they also kept. The issues were itemized in writing with cost ESTIMATES. The bulk of the ESTIMATEs were due to a cracked sink. With out getting into the itemized list (7 things) in gory detail he claimed in writing that the cost of repairing some items and replacement of sink would out weigh deposit. Specifically the sink would cost $2000-2200. The problem is that we repaired the sink spent $350 repairing per guidance of landlord AFTER final home inspection. So yes he demanded that it be repaired better than it was (we repaired it several months before we moved out). He was unaware of this repair until final home inspection. He apparently was not satisfied with the repair. It turns out he auctioned the home to one of our friends and it has come to our attention that he did not repair or replace the sink nor did he do ANY of the other things except a ~$20 fixture. He just pocketed our money. One caveat is that dogs were not allowed in the house and he claims that there was pet hair in the heater vents which is possible. He didn t note any damage due to pets on his list. Can he get away with this? Is there a statue of limitations for me to make a claim on this?

2019-06-16 00:34:13

West Virginia limits contracts and rent collections to 5 years. If this is a 90 day thing then you have more than a little time since a year is the shortest limit in the code. West Virginia also allows people to proceed for Small Claims of less than $5 000 in the county Magistrate Court without needing a lawyer if that isn t feasible for you. And he can absolutely get away with this if you do nothing. You can stop by the county courthouse to see if they have a small claim packet to make the process easier. I would recommend getting a consultation with a lawyer which is free or maybe $50 depending on the area and will give you a stronger understanding of the situation. I am not licensed to practice law in West Virginia so take what I say with a grain of salt and a second opinion by someone who is would be a very good idea.

2019-06-16 02:26:40

Landlord Lease Deposit Disputes

[USA NC] Partially Deaf After Hospital Prescribed Wrong Medication

Hi there. In October after complaining about minor hearing loss I was diagnosed in the emergency room with a ruptured ear drum. The doctor prescribed some drops and told me to use them every day for a week. After using them for three days my hearing was not only worse but I was experiencing excruciating pain. I decided to look up the medication to see if that was a common side effect. In big bold letters in a PDF of the pamphlet for the drops that I found it said: NOT TO BE USED WITH A RUPTURED EARDRUM. MAY CAUSE PERMANENT HEARING LOSS. I called the hospital to see if maybe they could put me in touch with the doctor who prescribed them to see why they would have done such a thing. They wouldn t put me through and told me if I had concerns to come down to the ER to be treated again. It is now over 6 months later and my hearing has not improved. The pain has subsided but I m constantly disoriented experiencing dizziness vertigo and I have trouble determining where things are in space if I close my eyes. I called a couple malpractice lawyers in my state but didn t get a return phone call. My question is is this grounds for a malpractice suit? Also what steps should I take next? Is there something that I m not doing that would influence a lawyer to hear take my case? Thanks for reading.

2015-05-08 02:10:46

IANAL but: Medical malpractice is extremely fact-specific you will most definitely need an attorney for this. Gather your records and consult one. On a personal level I m sorry this happened to you. As a fellow musician I understand the need to hear well. :

2015-05-08 03:51:59

Medical Billing Disputes and Fraud

Girlfriend s Parents threatened to call the police.

My girlfriend is 18 turning 19 this month. She has very controlling parents to the point that she was seeing a therapist for a while about them. I m 21 turning 22 and attend university and work part time about 5 hours from her. After her first semester of college she decided that she wanted to take a semester off and leave her hometown in order to figure out what she wanted to do. I offered to let her stay with me and she liked the idea. She transferred her job to the city that I work in and I will be bringing her up here (since she doesn t have a car). When she told her parents the threatened to call the police on me and have been asking around on social media for my address as well as emailing me (I have no idea how they found my email). I was just wondering what would happen if they do decide to call the police and what actions I can take to keep them from harassing me. If anyone wants to ask questions I am willing to provide more information. Thanks Edit: State of VA

2015-01-12 05:16:35

Call the police for what? She s an adult. She s allowed to move out of her home. I suggest your ignore their empty threats.

2015-01-12 05:24:19

Miscellaneous Legal Query

The Bee-Murdering Landlord of Mold House -- Am I Doing This Right?

A highly abridged version of what happened (Just fyi I live in Seattle) : &amp #x200B 1. We tell our landlord that his new dishwasher is dripping and has created mold in the cabinets. We tell him this in September in writing. He ignores this for three months during which we all have nasty hacking coughs. 2. On 12 14 contractors reveal that behind the walls a massive 8 x 6 feet wall of mold has flourished. They also have removed the sink. We immediately move into an Airbnb for obvious reasons. Most of the food in the kitchen is destroyed by rot mold dust smell. We buy replacement food. My roommate has a documented massive asthma attack after being in mold house overnight. 3. We with permission of the housing department break our lease and move immediately and at great personal expense to a new place. We hire a professional move out cleaner. We tell him we will move my bee hive and chicken coop within the week. 4. \*Someone\* takes a sledgehammer to my chicken coop (thank God I d evacuated my girls earlier) and thriving bee hive. All of my bees freeze to death. The sudden move and airbnb etc. has been devastating to my emergency funds. Also there is literally no lawyer in Seattle that will work a mold exposure case. So what I am doing is: 1. Getting a sample of the mold tested to find out what the hell I ve been breathing. 2. Small claims case # 1: Airbnb replacement food and moving expenses against landlord. 3. Small claims case # 2: Back rent for September through December when we all breathed mold and got sick 4. Small Claims case # 3: Security and pet deposits return to us replacing me chicken coop bee hive and bees. Does this sound basically right? Is there any massive mistake I m making or other thing that I should be doing?

2020-02-02 19:15:24

You ll have the burden of proof with regard to the destruction of your beehive and coop. Did you call the police?

2020-02-02 20:09:04

Miscellaneous Legal Query

My employer took my last check

3 months ago I swerved off the road in my personal vehicle on personal time and I hit a residential fence. Police came and a report was made and I worked out an agreement with the homeowner. Fast forward 3 months after doing hurricane Irma Clean up in south Florida my employer kept my last check of almost a thousand dollars claiming that HE paid for the fence repair even though I told him not to and that it had absolutely nothing to do with the company. He claims that he paid the homeowner but I have no proof he even paid it. He claims that he paid it becuase it was a homeowner in his town and it makes him look bad. I work very hard 90 hours a week cleaning up natural disaster destruction. How can I go about getting my hard earned wages back? I live in Florida but the company is based in south carolina.

2017-11-27 19:54:13

File a wage claim. He can t withhold your wages because he personally loaned you money (allegedly). He would need to sue you for those funds at which point he would need proof.

2017-11-27 20:03:00

Miscellaneous Legal Query

Neighbor routing standing water onto property

Hey guys. Im visiting my parents in Maryland. The area they live gets a lot of standing water when it rains which it has quite a bit recently. The yard is muddy mosquitoes get very bad and it gets smelly. They ve lived here almost 30 years and it has always been a problem. But recently one of the neighbors who also gets standing water has decided to put piping underground to route the water from his yard onto my parents which has made the pond twice as large as it normally would be. The exit of the piping is several feet from the property line. So everything hes done is on his own property but i feel like this has to be illegal in some way. My dad started making a brush pile in the path of the water hoping to block it off eventually but id rather he didnt have to deal with this. Id like to have the guy rip up the pipe without having to get the court involved. And i know my parents would prefer to just deal with it. Thanks in advance.

2018-07-31 16:40:19

Maryland has adopted some rules through statute and case law that create liability where a homeowner takes an action that directs water into a neighbors property and causes damage. Even under the historical common enemy doctrine in which all parties are free to try and rid themselves of water an action like using pipes to intentionally direct water into a neighboring property would probably give rise to a cause of action by a property owner who suffered a loss as a result of the piping. Unfortunately while you can go tell the neighbor this absent a lawsuit it s hard to say what they will do. What you cannot do is trespass to stop it yourself. A consult with an attorney who does real estate and land use law would probably be a good use of time maybe it can be resolved with a simple letter maybe not but a letter conversation is probably the best starting point.

2018-07-31 16:55:28

Water Drainage Property Disputes

Will I lose US citizenship if Puerto Rico is granted independence?

I was born in Puerto Rico and my father is a US citizen who is also from Puerto Rico. I ve lived in Wisconsin for most of my life. Anyway some people at my college were saying that there is a party in Puerto Rico lobbying for independence from the US meaning it would no longer be a US territory as was the case with Panama and the Philippines. If that actually happens will my US citizenship retroactively be nullified?

2014-07-28 20:58:34

&gt If that actually happens will my US citizenship retroactively be nullified? Nope. American citizenship is removed only in super-rare cases always involving people who gain citizenship under false pretenses. You re natural-born which is impossible to remove by force.

2014-07-28 20:59:57

Dual Citizenship Passport Issues

Starting a specialty moisturizing lotion business for sun burned skin. How should I protect myself legally?

I have come up with a formula for greatly reducing the pain of sun burn works better than other products I have tried. I buy the natural ingredients wholesale and mix at my home. I have Uline bottles that I fill and I have a branded label on them. I list all ingredients and on the website I say not FDA approved. I also don t claim to cure just say it relieves itch and pain. I did a sample run and sold 50 bottles and got good feedback Legally what should I do to become more legitimate? Based in Florida United States

2018-09-25 16:47:02

You *need* a lawyer for this. Let s say someone has a bad reaction to your product you could be sued for tens or hundreds of thousands.

2018-09-25 16:53:19

Miscellaneous Legal Query

My landlords dog keeps killing cats

I rent in Brooklyn NY. I ve been living in the second floor of a duplex house for over 5 years. My landlord owns a rotwiler and he always use to eat cats that passed by the house. I always use to feel bad but i couldnt do anything. The bad thing is the house next door feeds the outside cats in his backyard which only seperates the houses with a small fense. Latetly my landlord keeps taking his dog in the backyard and killng cats that cross the fense. The dog is scary looking and barks at people that pass by and i kid you not he goes crazy when he sees african americans sometimes i feel like he will jump over the fense and chase them. I dont know what to do and how to handle it. But as a person my landlord seems like a nice person he adopted the dog couple years prior of me moving in

2019-03-05 13:32:24

If a dog is killing other domesticated animals like cats it is something you should report.

2019-03-05 14:35:09

Cat Welfare Concerns

[CA] - Sexual harassment advocates in my industry assert that I made a false claim against a man. This accusation now negatively affects my job performance and career.

I am a woman just to be clear beforehand! TL DR : Leaders of a vigilante social justice group falsely accused me of writing an anonymous email about a man who sexually harassed women at their workplace. They believe that the man *is* guilty of sexual harassment but think the email making that claim is fraudulent. I know of this man but I ve had no contact with him for the last two years. I m not sure why but they think i wrote the email. The authority of their accusation has damaged my career and mental heath. After the Harvey Weinstein scandal 12 women in my industry created a private Facebook group where woman can share their experiences with sexual harassment. These women moderate this group which numbers over 600 women in our small industry of 3500 workers. The moderators have taken it upon themselves to find and organize victims of assault so they can make a report to the assailant s employer and get the assailant fired. In this Facebook group the moderators are seen as guardians and protectors of the #MeToo movement. They are well-loved on social media and hold positions of power inside the industry. I ll admit I also admired them at the time and thought that they were doing something good . In January one of the moderators messaged me about meeting up with 3 other moderators to discuss the behavior of a man who i used to be friends with a few years ago (I ll call him Stan). They told me this was just a casual chat about anything i witnessed Stan doing that could constitute sexual harassment. I hadn t seen Stan in 2 years but i did see him do a few creepy things so i agreed to meet up. I met them at a cafe and they asked me about my experience with Stan. I told them i met Stan about 3 years ago and was acquainted with him for about a year until i chose to cut contact with him after discovering his frequent harassement of women at parties i hosted. A few guests came to me a told me they saw him stalking women to the bathroom probing women for their sexual history etc. Back then i talked to Stan about his behavior but he made it clear he would not change so i stopped inviting him to parties i hosted. I would much rather guests feel safe at my house so that was a pretty cut and dry decision for me. That was about 2 years ago and i haven t had contact with Stan since. Occasionally others would inquire why Stan wasn t around anymore and i would share this story with them. The mods agreed Stan s behavior was creepy and divulged that other women had told them similar and worse stories about Stan. This is where things get a little confusing for me: the mods then tell me about an anonymous email that was sent to random industry people back in September 2017. This email accused Stan by name of sexual harassment at his workplace. Then they ask if i wrote the letter. I clarify that Stan never touched me I only witnessed him engaging in unwanted behaviors toward other women. Also i don t work with him at the same company. They insist that the email is a fabricated story and that i wrote it to ruin Stan s reputation. I m dumbfounded by this accusation because they had just told me others had reported similar behavior. I state again that i didn t write the email. They accused me of being a vigilante trying to bring Stan to justice (???). They told me they thought i did it because when they interrogated other women about Stan many mentioned that they had heard my story about him being creepy at parties. They felt like this was proof I guess? There were a few other pieces of evidence they talked about involving anonymous social media accounts they claimed I created as well (I actually don t know how to use Twitter and rarely use Facebook). I was really blindsided by all this information. I was as confused as you probably are just from reading this. They admitted it was all circumstantial but the next week they blocked me from the Facebook group and made a long post stating that the anonymous email was fake and they knew who wrote it. (I learned this from friends still in the facebook group.) They stated they did an investigation and knew for a fact who wrote the anonymous email. They did not post my name but stated that if any group member knew who they were talking about they were not to speak to me. It seems that even though i wasn t named in the post it provided a platform for others to share my name privately as well as upgrade a rumor to a fact because of the moderators credibility. Immediately after the moderators made the post many people who i considered good friends before stopped talking to me and or blocked me on all social media. A few people i was talking to about future promotions and contracts were silent. In this industry your connections are the primary way you get jobs and 80% of my connections had halted all contact with me. My roommates who I ve lived with for years and thought of like family before became distant. My physical and mental health suffered i missed work and was late on projects. I got called into my boss s office last week because of my poor output. Luckily my boss was kind and understanding and they re willing to give me another shot thank goodness. People in this industry have been fired for less so i count my blessings here. My loved ones observing the severe level of distress I m experiencing suggested that i take legal action. I felt like a letter from a lawyer out of nowhere could damage my reputation further so I requested to talk to the moderators again. There are 12 moderators in total and 2 of them agreed to meet with me. (For some reason 4 moderators showed up to speak with me in-person though.) I explained the distress i had experienced after they made their post. At this point people in the industry that do not know Stan or I personally connected my name with the moderators Facebook post. The moderators stated they never shared my name with anyone so they cannot be held accountable for the distress I am experiencing. They told me they have evidence (screenshots) that I must be the email author. I asked to see the evidence and they said no because they have to protect other people s privacy . I have no clue what this evidence is since i don t remember ever talking about the email in person much less on any medium that would be screenshot-able. I asked them to at least amend their post to state that they do not actually know the author of the email and they denied. They told me we needed to agree to disagree that I wrote the email and they left the cafe. My PI attorney who is handling an unrelated case of mine kindly recommended a few other attorneys they know that take on internet defamation and libel cases. My family and friends who are standing by me recommend legal action. I do not wish to damage any more relationships though i feel like if I initiate an injunction against the moderators I ll completely torch an already smoldering bridge. Then again I worry that their shoddy detective work will lead them to point their followers at another innocent person in the future. Also I m not even sure how to prove that the moderators post is linked to the social upheaval that caused me so much distress. I know how to document and quantify damages but I m just not sure if anything can even be done about this. If anyone knows how a similar situation was handled or has an idea of what i could do I d really appreciate it! If anything doesn t make sense I ll try and clarify in the comments. It still *barely* makes sense to me i know it s a confusing story! Thank you so much for reading!

2018-03-17 00:23:50

Let me get this straight. 1. You joined a group that had the express purpose of causing people social and career harm based on anonymous unproven accusations of bad behavior. 2. You participated in making unproven accusations based on second-hand reports of another person s behavior thinking that the group would protect your anonymity but cause that person social and career harm. 3. You were then shocked to find this group made an unproven accusation on the basis of anonymous sources about your alleged bad behavior causing you social and career harm. Is that an accurate summary?

2018-03-17 01:51:21

Miscellaneous Legal Query

Landlord is trying to kick us out over not answering her phonecall fast enough while she was drunk

So pretty much the title. We are model tenants and the landlord has been getting more and more verbally threatening. I have texts saved from her cussing at us and telling us repetedly to get the f*** out of her house and we have 5 days if she gets something approved . It also has lot of insults added in about how we re losers and she thinks we re drunk all day along with other lies. Shes making life hell for us and we dont know what to do but we can t afford a new place to live at the moment. Please what are our options? P.S. theres another post on my account on other things shes done if its possible to see

2021-07-19 09:18:02

Depends on where you are and what type of lease you have (if any). 5 days is extremely short notice for any jurisdiction in the US. I d be surprised if this was totally above board.

2021-07-19 09:36:49

Landlord Lease Deposit Disputes

I think Walmart ruined my engine... Looking for advice. MICHIGAN.

So Saturday January 18th of 2020 I got and oil change on my equinox at the local Walmart. I have been there a few times and they are affordable albeit a bit slow. After about 20 minutes I went back up and they told me I was good to go. Fast forward to Monday the 20th and I am driving to work. My engine makes a loud bang and then starts smoking and making lots of bad noises (I am not a car guy). I called my insurance and had it taken to a shop. On the 22nd I get a call saying that the dipstick was dry and that the problem as that there was no oil in the engine. I got my windshield wipers fixed a week prior and that shop didn t inform me of an oil leak. I also checked the pavement where I parked the night prior and saw no signs of any leakage. I called the Walmart and they said that a manger would review their videos but I am unsure this will resolve anything. I am just looking for any advice. I was quoted for a $6 150 repair bill and as a poor college kid I don t have many ways of getting that kind of money. Any advice at all please. I am overwhelmed and just seeing what this community thinks my best course of action is.

2020-01-24 16:33:16

Keep all your receipts names of who worked on it and quotes for repair. Try and get a copy of the video footage. Luckily walmart is a massive company I would submit all this information to the maintence manager store manager and corporate. Communicate by email so you have documentation.

2020-01-24 16:37:57

Car dealership title issue

Sisters selling family and personal items without consent

This is a long story that I will try to keep short. About a month ago my sisters in California told me that I had two weeks to return from the East Coast where I now live to go through family items in preparation for moving our mother into a rest home. It was frustrating to be given such a short deadline but I did it. However I did not have time to pack up everything I wanted and put it into storage and it was understood that I would return when the house went into escrow and finish the job. Fast forward to nine days later - one of my sisters lets it slip that the estate sale people are coming BEFORE the house is put on the market. I m shocked as not only do I have my own personal items filling many pieces of furniture to be sold but I have not packed up all the sentimental items (like the family china that no one wanted) that will now likely be sold off as part of the sale. My mother has asked my sisters to wait and they said no revealing that the sale people are actually coming tomorrow! First do I have some sort of tenants rights as I used to live in the home and still have personal items there and was never given 30-days notice? Also the home is in a trust and my mother and I are the trustees and both of us have said we don t want the sale to take place until I can get there in 2 weeks. They have no legal leg to stand on right? And what kind of damages can I exact if they do move forward with the sale and sell the items my mom left me and or allow strangers to go through my belongings (and either dump on the ground take trash or...?). I just feel helpless and that I don t know what to do. Help!

2018-09-11 03:52:55

The first thing I would do is get the documents governing the trust and read them so I knew exactly what my rights obligations are in regards to the house. Has your mother given anyone power of attorney?

2018-09-11 04:08:04

Miscellaneous Legal Query

[ID] Tenant s ESA has done damage to property

Roommates of Tennant report that the dog has destroyed the two tv remotes chewed on blinds and urinated and defecated throughout the apartment. The contract stipulates that grounds for removal from the property include damages costing over the safety deposit as well as making an unreasonable burden to roommates as well as becoming a financial or administrative burden to the landlord. The family of Tennant is seeking damages after being told their contract will not be renewed. They say that there will not be a financial burden on the complex because they are willing to pay for damages. They also site discrimination because of HUD and reasonable accommodation for ESA.

2018-12-18 18:50:09

Being willing to pay for damages isn t relevant. If they are causing undue damage to the property you have no obligation to continue renting to them who knows when it will escalate and the depot wouldn t be sufficient to cover it. The FHA requires that you grant a reasonable accommodation to someone who needs an ESA and has proper documentation from a medical professional. The reasonable accommodation is normally waiving a no pets policy and not charging higher rent. They are still liable for the damages and do not get a free pass on those. Moreover as the ability to require a higher deposit from them is a legal grey area you might not even be permitted to do that. Unfortunately it sounds like you are going to find yourself in litigation no matter what you do (unless you just let them continue on as is which seems like a recipe for disaster down the line). So I would reach out to an attorney who does landlord side L&amp T law and talk to them about how to document what you are doing going forward so that you are ready for litigation when it happens.

2018-12-18 19:01:57

Service Dog Pet Limit

My ex-SO has taken possesion of my vehicle. Title is in both our names. Worth a trip to small claims court? (PA)

Several years ago my SO gave me a jeep for Christmas. Estimated value is $4 000. At the time his motorcycle was in both our names. So when taking the title for my jeep I suggested we put it in both our names as well. (Bad decision I know.) Last year I signed off on the sale of his motorcycle when he traded it in for a new one and now only my jeep is co-owned by us. During the argument that led to our breakup 3 months ago I left our house for the weekend. He took that opportunity to move my jeep and the title to an undisclosed location. Is it worth taking him to small claims court to reclaim my jeep? Is there any hope of getting my vehicle outright or do I have to settle for half of it? This will be my first time in magisterial district court (any court really) and not sure what to expect. Finally should I be concerned about liability? I m not sure if it is insured. What if he gets in an accident with it and my name is still on the title?

2015-05-22 19:20:34

&gt Is there any hope of getting my vehicle outright or do I have to settle for half of it? Did you have any agreement verbal or written that the Jeep was totally yours? If not half is probably the best you can do.

2015-05-22 19:32:38

Car dealership title issue

[NC] Wife died with no assets no will.

My wife died in late October from a massive stroke... She had no assets and no will. Other than notifying social security what other things do I need to do? She had defaulted student loans that I had to fill out a form for to keep the IRS from seizing my tax return. I get some collections calls on occasion for her. Also I am getting medical bills for her from both months before she died and from the weekend of her death.

2017-01-22 17:23:26

It likely needs to go through probate. Her name wasn t on any cars property joint accounts?

2017-01-22 17:24:44

Family Estate Disputes

Found out I m living in an illegal sublet. Help!!

Obligatory: this is happening in OH USA. I recently moved to another state for summer work and sublet one room of a 4 bedroom apartment from Craigslist. I paid for the two months I would be residing in the apt up front. I was never made aware of any lease transfer fee. I was approached by management recently who told me I was illegally trespassing and that I had to leave the premises immediately. I cannot leave the apartment as I have a nowhere to go and have to work. I can t afford temporary living in a hotel. I only have 1 more month of living in the apartment. What should I do if they try to evict me from the apartment? Can I simply stall the process long enough for me to finish up my work and leave? I understand that the legal tenant is responsible for fines incurred but still would like to avoid being kicked out and avoid any criminal charges.

2017-06-12 00:44:41

You aren t illegally trespassing. You have permission to be there from the tenant. The tenant is in violation of their lease and may face eviction due to your continued presence. The tenant is an idiot and decided to take your money for housing. They are your landlord and you their tenant. You have a right to be their and proper notice to vacate. If they violate those rights they are liable for any damages incured hotel costs moving costs etc. Eviction is often a drawn out process it may take longer than you intend to be there. If your landlord is evicted you get booted out with them. They still owe you the housing you paid for. If they want to avoid eviction they should be negotiating with you to willingly vacate. Plan for some stressful times if you stick it out.

2017-06-12 01:05:53

Landlord Lease Deposit Disputes

I am a foster kid and I feel my placement has violated my rights.

I am located in Texas. So as a foster kid I was given a packet of papers that boldly declare its self as my bill of rights. This packet has all kinds of useful things like the right to food shelter and medical treatment. It also says that I have a right to privacy and personal space. I also am also legally my medical consenter so all my medical treatment is at my discretion and on my terms per court order. My placement on the other hand see no problem having their staff enter my room and restroom unannounced and uninvited with and without me present and to search threw my belonging without first notifying me. They have refused to allow me private consultation with my doctor on several occasions. I feel that my rights have been violated and would like some advice on what I can do.

2017-02-03 16:49:32

Do you have a case worker with child services you can speak to?

2017-02-03 16:50:55

Miscellaneous Legal Query

[California] Do my landlord s actions against my cat allow me to break my lease?

Here s the situation: I just moved into a new place at the beginning of the year. When I was shown the place my landlord told me that 6 people would be living there and mentioned his girlfriend saying that she lives in LA. OK fine. I have a cat - that s OK they have a cat. One month in they decide to get rid of their cat - fine. Now I find out that the girlfriend is now living with us and is pregnant. Being told that my cat is aggravating her senses and she s allergic. My landlord comes to me and tells me that my cat is banned from their side of the house because of this and tells me to buy squirt bottles to spray the cat if she wanders over. He also says If the spray bottles don t work out we ll have to find another solution - and by this I know he means get rid of the cat. I also have the suspicion that his girlfriend is trying to get rid of my cat by leaving doors open (my cat is adopted and I signed a clause not allowing it outside I also live on a very busy intersection). If my landlord asks me to get rid of my cat would it make it possible to break the lease? About the lease: Must stay til July 1 if I break the lease I must pay another month s rent and some - about 900$. Clauses in the lease about the cat - the only thing stated is a requirement to pay a security deposit on having a cat - which I did and have a written receipt. As far as I see it my cat is my legal property (and I have adoption papers) and asking me to get rid of my property or neglecting abusing my property is illegal in some sense? TLDR Landlord trying to get rid of cat can I break the lease? Help me Reddit I m walking on eggshells here :(

2015-02-13 21:20:57

It sounds like both sides would be interested in letting you break the lease. Talk to your landlord point out that because of the cat situation you re interested in moving but can t afford to pay the $900 ask if he will be reasonable in letting you move out without a penalty.

2015-02-13 21:23:32

Miscellaneous Legal Query

Friend found lots of money during a remodel

My friend needs some advise. He bought an old abandoned house dirt cheap that sat empty for about 12+ years. Apparently the prior owner killed himself in his car in the garage. The house was bought at auction about six months ago and he just began to remodeling the house. When my friend tore down the walls in one part of the house there was a AirTran duffle bag sealed in the wall. Inside the bag was a large quantity of money. The wall was sealed drywall with crappy wallpaper and partial paint on the wall. There was no other access to this part of the wall without breaking through the drywall. He is unsure what to do. There was a small notebook in the bag that had all kinds of numbers and figures but he cannot make heads or tails of what all these numbers mean. All the money is still in the duffle bag sitting under a floor board in the house. What are the options and legal ramifications here.....

2012-11-29 20:25:01

This is an interesting question. Based on how long it has been sitting there I would think that it was just included in the house however I wonder if there s any way someone could claim that it was lost and should be returned? Generally speaking if you find something valuable you cannot keep it you are supposed to turn it in to the police and they will attempt to find the rightful owner after X amount of time (30 days? Dunno off hand) if they cannot find the owner and or no one has come forward to claim it the property goes to you. This case is different because it was sealed up in the wall of a property unless it was explicitly excluded in the deed it would go with the property. Based on that it sure sounds to me like it s his free and clear. Oh yeah and watch out for bad-guys coming after him happens all the time.

2012-11-29 21:20:41

Miscellaneous Legal Query

Mom filed for bankruptcy my money got seized instead?

So my mom filed for bankruptcy and my checking account money got completely seized by the bank. Basically I m 21 now but back when I was a still a minor I created a joint account under my mom s name and never created a new one once I became of age. Years later my mom s name is still under that account but she s never touched that money. The bank assumed that this was her money or that she shared it with me and claimed that this money is now property of the bankruptcy estate. This is an excerpt from the letter: Wells Fargo is required by operations of Section 541 and 542 of the Bankruptcy Code to act in good faith to preserve the estate funds and must follow the trustee s direction with regard to estate funds. Accordingly Wells Fargo has asked for direction from the trustee. As you are aware the trustee has 30 days from the First Meeting of Creditors to object to a claim of exception for the estate funds. Ownership of claimed exempt property remains with the bankruptcy estate until such time or the trustee directs otherwise. I have no idea what to do next. My mom s court date is next month and I don t know how we re going to prove that my mom has nothing to do with this money other than with bank statements. Will I get my money back? Edit: I m a bit confused about whether my account got actually liquidated yet or it s just held as a bankruptcy estate. If so the trustee shouldn t be allowed to liquidate it as a majority of that money comes from my student loans and grants which I heard is automatically considered exempt. Can someone clarify this? Location: USA CA

2021-03-09 06:06:46

&gt under my mom s name and never created a new one once I became of age. Her account. &gt Years later my mom s name is still under that account but she s never touched that money. The bank assumed that this was her money or that she shared it with me and claimed that this money is now property of the bankruptcy estate. Being her account it absolutely is part of her bankruptcy. However When you are served with the notice of garnishment you must act immediately. Included with your garnishment papers is a notice of hearing. This hearing is your opportunity to prove to the court that you made traceable contributions and or that some or all of the funds deposited in the joint account are exempt. You should request the hearing in writing stating your reasons within the deadline specified on the notice. If you do not attend the hearing then the court may rule in the creditor s favor and the bank will then pay the proceeds of the garnishment to the court and or the creditor.

2021-03-09 08:05:57

Miscellaneous Legal Query

Michigan - I was fired after submitting a complaint to HR about my boss.

I had been working for this company for 3 years and 2 months as a paid intern. I received a new direct boss two years before I was fired. This boss took a lot of interest in teaching me all there was to know about the job. I was getting invited to meetings and lunches I had never been asked to attend before. About six months after this my boss began to threaten my job and harass me. I started to receive text messages from him stating that I was lucky because there were plenty of other people there who were talked to worse than I was. I was told that my reactions to his actions were me just being butt hurt . There was sexual harassment that came along with his other harassment as well. I have an entire timeline of events that would be very hard to list in this posting with much more detail. The last thing I said to my boss was Why can t work be just work? His response was something I will never forget What do you think I want from you that I haven t already gotten? Finally I went to HR and told her everything. I submitted my complaint to her and it was never filed. I also filed FMLA paperwork with my doctor and they faxed it to my employer. They denied ever receiving the FMLA paperwork but I have proof that it was sent to them. I was fired four days after bringing this to the attention of the Human Resources department. My manager above my direct boss called me to let me know that upper management has decided to eliminate the intern position completely across the board. I then received a letter in the mail claiming that I was fired for being a three day no-call-no-show. On the 2nd of this month I received my right to suit from the EEOC. The only problem is is that the company has filed for Chapter 11 bankruptcy. What can I do about this?

2017-02-11 19:00:48

This is definitely lawyer time.

2017-02-11 22:06:01

Workplace Sexual Harassment Concerns

How to evict relatives that have overstayed their welcome

I need some advice for how to accomplish this in Oregon. They do not pay me rent or contribute in any way except small chores that I have to ask them to do. i.e. taking out the garbage watering the plants etc. Here is the gist of the story...... A few years ago mother passed away and stopped paying my sisters bills. My sister lost her house and moved in with my family. It was supposed to be for a few weeks. The first sign of trouble was some behavioral issues with her youngest son. My husband and I did not feel it was safe to have him around out kids. My sister sent her boys to live with their father and she and my niece stayed with us for a few more weeks . This turned into many years with lots of excuses about why she couldn t work (Felony on record Diabetes Chronic Pain etc). A month or so ago she asked if the boys could come visit for a few days. We ended up paying for the trip with the agreement they would be staying with friends most of the time. This did not happen. Then my sister informed the boys that they were welcome to stay here with us. I found out when my nephew came to me and told me he wasn t going back to his dads. I felt a lot of pressure from my sister and niece with all the horror stories about the treatment they receive at their dad s house. Reluctantly I said if they found a job and made it a priority to move out ASAP they could stay here a couple more weeks. This did not happen. There was no urgency at all. When I sat them all down to discuss the situation and explain that they could not stay any longer I was informed that their father refused to let them come back. They had no where else to go. This sent up red flags and I felt like I was being emotionally manipulated. A common tactic of my sister s. The stress started getting to me. Having 8 people trapped in a house together during a pandemic was and is torture. I discussed the situation with my therapist and he pointed out troubling patterns in my relationship with my sister and her manipulation of me. I thought a lot about it and started getting angry. We all had another discussion. I blew my top and called them all out for free loading manipulation etc. I told them I would no longer be funding their cigarettes take out entertainment etc. I got a lot of yelling and intimidation and was told over and over they would no longer be part of my life after how I talked to them. I at that point told them they all needed to leave including my sister and niece. They have yet to do so. As soon as I stopped paying for everything the adults (not including my sister) magically found jobs. My sister has been giving me the silent treatment and they have yet to leave my home. I will be talking to them again to get a definite timeline and let them know that their priority will be to find a place and leave. I keep hearing them talk about all the stuff they are going to buy when they get their paychecks and I just want to scream at them to get the hell out of my house. UPDATE: My nephew (the only one still speaking to me) came to me and asked for 2 more months so they could save enough to get a car and an apartment. I told him I did not agree with the 2 month timeline but I would discuss it with my husband. What are my options for eviction if they do not pay rent and are not tenants but my sister does list this as her residence for her Oregon Health Plan Insurance?

2020-08-14 20:00:36

They are tenants. You would have to go through normal eviction proceedings. Look up your state s Landlord Tenant law.

2020-08-14 20:20:16

Miscellaneous Legal Query

Nine year old son assaulted at school *OREGON

Sitting here in the emergency room wondering what our options are as this is a bit more serious than bullying my son was brutally attacked and had his head and face slammed into a steel post by another student. When he was sent to the office he was complaining of dizziness and nausea so they gave him an ice pack and sent him back to class. Secretary DID call but made it clear he wasn t medically evaluated as there is no school nurse today. As parents what are our options??? UPDATE Police came to the hospital said that here in Oregon children under the age of 12 according to the law are incapable of committing a crime. Therefore no report was taken at all. We were released from the hospital after finding no evidence of brain trauma. His face is obviously bruised and swollen. His actual cheekbone is bruised as well. DR s orders are no school tomorrow. Went to the district office and spoke with the director of **elementary** education (the individual that all 10 principals answer to) she took good notes and is definitely concerned. She is in her 28th year of being an educator. My wife and I are inclined to believe that this will be investigated. She also gave us specific things that she will get answers for us about. Definite concern with how the school staff handled the whole situation today. We have been given a referral to a local attorney and will be calling in the AM after our Son meets with his pediatrician. Made contact with lots of families in the district that are experiencing similar situations with bullying harassment and assault. My wife and I have directed them to the district office. My wife contacted a local news agency that specializes in investigate journalism. This problem is bigger than just us. Finding out that we aren t alone has been quite empowering. Maybe we will actually be able to help facilitate some healing.

2016-11-28 20:46:46

Contact the police and file a report obviously.

2016-11-28 20:47:27

School Bullying and Administrative Neglect

[Ontario] Following Single-Vehicle Motorcycle Accident Police Want Video But I ve Deleted Alot of It

Hi Reddit and r legaladvice Throwaway here but long story short on Saturday I was involved in a single-vehicle motorcycle accident which put me into a ditch. I was NOT speeding and the direct cause of the accident was a large build-up of rocks pebbles on the road. My friends I was riding with vouched that I was not speeding as well as oncoming traffic vouched that I was not speeding. As always I had my GoPro recording so I caught it all on video. I don t know why but the police launched an investigation and they heard that there is video and are now demanding it from me. The only problem is is that after the accident and after I was out of the hospital I got my gopro back from my friend and deleted the video in its entirety EXCEPT FOR THE CRASH ITSELF. This was done explicitly to show my group of biker friends on what NOT to do when you hit a pile of rocks and I guess to also show the police if they ever wanted to see it. This action was performed BEFORE I was aware there was an investigation being performed. Now i m worried that this may be tampering with evidence or impeding an investigation. Is it? In addition if somehow they can recover the rest of the video is anything on there that is not related to the accident considered inadmissable? I m consulting a lawyer tomorrow but am having trouble sleeping with this on my mind.

2016-05-03 08:30:36

IANAL. The offence of obstructing justice (s 139 of the Criminal Code) requires that you act wilfully to obstruct defeat or pervert the course of justice. If your intention was NOT to interfere with an existing or possible investigation you didn t commit the offence. See R v Hearn [1989] CanLII 14 (SCC). At minimum evidence has to be relevant to be admissible.

2016-05-03 11:02:06

Miscellaneous Legal Query

Do we have legal grounds to break our lease? We think we re living here illegally.

We are college students in CA USA and our landlord told us that we could only have a max of 4 people sign the lease due to utilities but we were allowed to have a max of 7 different people living there. None of us are related and he knew all of this in advance. We have recently found out that our living situation is illegal (in the state of California you are not allowed to have more than 4 unrelated people living in a house at one time) and we want to leave before we get in trouble with the city. Do we have legal grounds to break our lease? Side note: We are assuming he knew it was illegal because he said we can only have a max of 4 people sign the lease and he s been renting out houses for years.

2013-03-30 16:42:14

&gt in the state of California you are not allowed to have more than 4 unrelated people living in a house at one time I m going to ask you to cite that one because I m definetly not finding this as a state-wide rule. In fact I m finding the opposite that the California Supreme Court ruled in *Santa Barbara vs. Adamson* and the Fair Housing Act later reiterated that making distinctions in housing occupancy between related and unrelated persons is impermissible. My research is of course not exhaustive so I might be missing something It is definitely permissible to set occupancy limits in the law based on square footage number of bedrooms or some other neutral category. Your landlord is also generally free to set occupancy limits as well again assuming they re neutral. I can t recommend signing a lease where some residents aren t parties to it that means you and the other three signatories are taking responsibility for the actions of the three non-signatories. If I m correct about the law above and assuming that your living arrangement doesn t violate a legal occupancy limit then you have no recourse to break the lease.

2013-03-30 16:53:23

Landlord Lease Deposit Disputes

We can t show you the lease or rental agreement until you apply and give us the deposit - VA USA

I am apartment hunting in the state of Virginia. There is an apartment that I liked. While I was there scoping the place out I asked to see a copy of a generic lease and rental agreement to see what the policies terms and conditions are. They said no. When I asked why they claimed the files are only generated once the application process was complete and a payment was made. I am currently getting back to them to ask them to clarify what precisely the payment is (a fee for seeing the agreement? A deposit?). I believe that it is fair that I should be able to see the rental agreement before I put down the security deposit or pay any kind of fee. Especially considering the rules have the same generic form every time. VA landlord tenant law seems to say that if the rental agreement is not signed and the person pays rent that the person agrees to the rental agreement for a period of one year. This seems to imply that it is not necessary for me to see the rental agreement. *Am I entitled to see the rental agreement? If so what do I do about an un-cooperative leasing office?* Edit Update: the office called me back. If I want to see terms of the rental agreement I have to apply and pay the $50 service fee a $250 deposit and a $400 administrative fee! I made the leasing agent clarify himself several times to make sure there s no miscommunication about what I want or what I have to do to get it. He told me I ve worked in 30 properties in the area and it always works this way. This is making my head spin. I ll go somewhere else as recommended by both commenters. Update 2: I will be moving on to other apartments in the area. Since the same company (but not the same office) owns many apartment complexes in the area moving on may or may not have better results. Next time I look at an apartment I will be bringing a sample lease to show any leasing office exactly what they *can* show me about their lease without having me apply. The excuse this time was that it changed depending on the details and was generated at the time of creation. This is BS because their policies are not random or unknown and can be shown to me at any time. I will also bring a list of undesirable lease clauses so I can ask about or look for them specifically. In addition to that my parents will be joining me so I ll be less likely to go along with something bad. Update 3: I also wanted to know **if they had a legal obligation to show me the lease before I give the deposit** and if so where it says so in the law. Thanks to everyone who advised me to leave it though. I m going to do that.

2019-05-31 20:11:13

&gt If I want to see terms of the rental agreement I have to apply and pay the $50 service fee a $250 deposit and a $400 administrative fee! Translation: Our leasing terms are so horrendous that the only way we can convince people to rent from us is if they re already in to us for $700 and feel they have no choice. Going elsewhere else was the right call.

2019-05-31 22:49:00

Landlord Lease Deposit Disputes

death because of lazy doctors

my father died 2 years ago when he had a sudden cardiac arrest he always thought he had a problem with his heart. went to the doctors about 4 times but they always told him everything was fine because he was way too young for heart complications (he was 43) turns out he did have heart problems and he died because of them at his work one morning. I m not after a large sum of cash or anything like that it wont fix anything. but i just want to know if there would have been any lawsuit possible against those doctors. thanks

2022-08-03 19:57:32

If a 43 year old patient with a history of complaints of some sort of heart problems died of sudden cardiac arrest that may be worth reviewing with an attorney. 2 years later is too late in some locations. Obviously we (and you) don t know what dad said to the doctors or what they said to him. It may have been he described his symptoms in a way where the doctors gave a reasonable response. It may have been otherwise. His outcome may have been able to be changed had the doctors responded differently. It may not have been. If you re truly not after cash a more effective path to this might be a complaint to a state board of medicine. They may be able to review the information and discipline or correct the physicians if appropriate.

2022-08-03 20:00:51

Hospital Mismanagement and Negligence

Some questions about big private parties. [USA]

Hey r legaladvice my brother is throwing a party at my mom s house soon and he s inviting a lot of people. The party is going to be an outdoor only BBQ party. We ve spent the last week or so preparing and I just had a couple legal questions: * Release Forms: My mom said that if anything happened to someone her insurance might cover it but if anything happens to multiple people she ll be SoL. Is a simple piece of paper saying something like I release my right to take any legal action against XXX valid enough to work? Does it need to be any more complex than that? I ve looked through Google at various release forms and it seems like they all need a lot of information from each signee. I was wondering if I could just have a paragraph or two at the top of a sheet of paper with a bunch of spaces under it so 20-30 people can sign it at a time (just a Print Name Sign Name Date ). * Drinking: There is going to be a bar and I m fairly sure 100% of the people are going to be 21+ (except for maybe a few of the neighbors have &lt 13 year old kids but I m not worried about them being served anything). Is there a requirement for the host to card everyone? Is anyone s potential drunkenness the host s responsibility (we will try to not let anyone drink and drive but if anyone slips away does that fall on us)? * Other things: Are there any other precautions I can take? I want everyone to have a good time but I don t want to worry about anything happening to anyone in such a way that would seriously harm them or financially damage my mom and brother. Thanks a bunch! p.s. Montgomery County MD in case that helps.

2013-06-01 15:31:00

&gt Is a simple piece of paper saying something like I release my right to take any legal action against XXX valid enough to work? No. While some waivers of liability are valid blanket waivers of all liability are generally not. &gt Is there a requirement for the host to card everyone? This is locality specific. In most jurisdictions the homeowner party-thrower or bartender incurs liability for underage drinking and overserving. You could be sued if you let underage people drink or let people drink and drive. In short it s very possible for your family to be sued if the party goes south. Your insurance might cover it and might not depending on the policy. You might want to consider hiring professional bartenders and or reducing the size of the party to people you know and trust.

2013-06-01 15:35:54

Miscellaneous Legal Query

Tax questions

I recently quit a Job (job A)to go to a new job (Job B). They (Job A) were telling me I made 808 a week (planed overtime 17hrs) and got 650 after tax. But at this job (Job B) which I m at hourly at 18 a hour made 828 730.13 after tax. Unfortunately I got no paystub at job A I do however have paystubs for (Job B)……. Nashville TN married 0 both jobs why are the after tax pays so different on a $20 up swing Job A had no benefits whatsoever not even overtime and job B I have 2 weeks pro and plan on signing up for health care on them when it s open.. I m on free market right now

2021-12-29 05:39:07

What s the question?

2021-12-29 05:43:45

Miscellaneous Legal Query

[TX] I am a pizza delivery guy and my employer will not allow us to see our tips. We only find out how much we made when payday comes around. Is this illegal?

Texas of course. Labor rights don t exist here but come on this has to be illegal right? Even upon request we are not allowed to see our tips. It is literally a rule in our store that we are not to see our tips. This opens the floodgates for tip-stealing and seems very scummy.

2022-06-20 19:48:19

File a wage complaint with the [Texas Workforce Commission](https: www.twc.texas.gov jobseekers how-submit-wage-claim-under-texas-payday-law#:~:text=If%20you%20have%20questions%20or or%20512%2D475%2D2670.) and allege tip theft. It may make sense to speak with an employment in your area before filing to see if there are better ways to proceed. Take a photo copy of anything announcing the rule that you can t audit tips.

2022-06-20 19:51:12

Unfair Tip Practices in Restaurants