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4aq8wc

legaladvice_train

[CA,USA]Received letter from The Judge Mathis Show informing me that I am being sued in small claims even though I've received no notice through the local court Earlier today I received an overnight delivery from FedEx with a letter inside from The Judge Mathis Show informing me that I am being sued in small claims and that they want me to call them to see about being on their show. The thing is I haven't gotten anything in the mail or been served with any type of papers saying that I've been sued. My brother is one of those people who try to sue everybody and anybody and I have heard that he has been planning on suing our family but I can't confirm that.   Right now I'd like to know what are my options available to me and what could potentially happen should I follow those routes? The letter from The Judge Mathis Show say if I am selected to go on their show that I'll be paid an appearance fee, have travel expenses paid for, and if I lose the case they will pay it off for me. This sounds good but because of my profession I don't think going on a nationally televised court show would be very beneficial.   If I don't get served does that mean I am not responsible for any of this? What if I never get anything letting me know I am being sued and don't know when the court date is, will I lose by default and be held liable to pay the amount I am being sued for?   If/When I do receive notice of being sued will I be able to file a counter-suit? Or is that something I have to do separately?   If there other defendants involved do we each get held accountable separately? Like if it's something I had no involvement in then the case against me would be dismissed right?   I think that's about all the questions and concerns I have at the moment but if there are some things I should be aware of please let me know and feel free to mention it. I've never been sued and am not too familiar with the process of it.

d12oqzx

d12lxy4

As already pointed out, the show is not a real judge and not a real court. But that doesn't mean that your brother hasn't actually sued you in a real small claims court and you just haven't been served yet. You should be able to look at the paperwork the show sent to determine if it's been filed in your local small claims court. If so, you'll likely be served eventually. If a judge deems service sufficient (even if you aren't personally served) and you don't show up, yes you will lose by default and there will be a judgment against you. You don't want that. It could screw up your credit, it will be a hassle to argue you weren't served and get it overturned, lots of issues. Yes (in all jurisdictions i know of), once you get served, you have a certain number of days to file an answer, which can include a countersuit. Generally small claims courts have a limit as to how much you can recover, so if you sue for too much you wouldn't be able to counter-sue as part of the same case and the case would move to a regular (not small claims) court. If there are other defendants, you each could be held liable for the full amount or it could be apportioned to each as a percentage or if you have no involvement you could be dismissed or not be held accountable at all.

Judge Mathis isn't a real judge and the show isn't a real court. Someone probably submitted their 'case' against you to the show for some sweet real life karma and money. So if you don't want to go on the show, ignore the mailing. If you do, you'll get paid.

4aq8wc

legaladvice_train

[CA,USA]Received letter from The Judge Mathis Show informing me that I am being sued in small claims even though I've received no notice through the local court Earlier today I received an overnight delivery from FedEx with a letter inside from The Judge Mathis Show informing me that I am being sued in small claims and that they want me to call them to see about being on their show. The thing is I haven't gotten anything in the mail or been served with any type of papers saying that I've been sued. My brother is one of those people who try to sue everybody and anybody and I have heard that he has been planning on suing our family but I can't confirm that.   Right now I'd like to know what are my options available to me and what could potentially happen should I follow those routes? The letter from The Judge Mathis Show say if I am selected to go on their show that I'll be paid an appearance fee, have travel expenses paid for, and if I lose the case they will pay it off for me. This sounds good but because of my profession I don't think going on a nationally televised court show would be very beneficial.   If I don't get served does that mean I am not responsible for any of this? What if I never get anything letting me know I am being sued and don't know when the court date is, will I lose by default and be held liable to pay the amount I am being sued for?   If/When I do receive notice of being sued will I be able to file a counter-suit? Or is that something I have to do separately?   If there other defendants involved do we each get held accountable separately? Like if it's something I had no involvement in then the case against me would be dismissed right?   I think that's about all the questions and concerns I have at the moment but if there are some things I should be aware of please let me know and feel free to mention it. I've never been sued and am not too familiar with the process of it.

d12lj6v

d12l9if

You can call the courthouse and have them look up the file. Does the paperwork have a case number? If not, just call and give them the names listed. Odds are that someone from the show is browsing newly filled cases. I would think you will be served within the next week. Unless they can't find you. Which isn't a good thing.

> If I don't get served does that mean I am not responsible for any of this? Maybe. You can always argue improper service as a defense against a judgment. The chances of you succeeding there are difficult to estimate. As you've surmised, it's possible for you to lose the suit without ever being **personally** served - there are acceptable methods of alternative service. You should immediately start trying to find this suit - ignoring it **does not** help you at all. You need to mount a defense.

4aq8wc

legaladvice_train

[CA,USA]Received letter from The Judge Mathis Show informing me that I am being sued in small claims even though I've received no notice through the local court Earlier today I received an overnight delivery from FedEx with a letter inside from The Judge Mathis Show informing me that I am being sued in small claims and that they want me to call them to see about being on their show. The thing is I haven't gotten anything in the mail or been served with any type of papers saying that I've been sued. My brother is one of those people who try to sue everybody and anybody and I have heard that he has been planning on suing our family but I can't confirm that.   Right now I'd like to know what are my options available to me and what could potentially happen should I follow those routes? The letter from The Judge Mathis Show say if I am selected to go on their show that I'll be paid an appearance fee, have travel expenses paid for, and if I lose the case they will pay it off for me. This sounds good but because of my profession I don't think going on a nationally televised court show would be very beneficial.   If I don't get served does that mean I am not responsible for any of this? What if I never get anything letting me know I am being sued and don't know when the court date is, will I lose by default and be held liable to pay the amount I am being sued for?   If/When I do receive notice of being sued will I be able to file a counter-suit? Or is that something I have to do separately?   If there other defendants involved do we each get held accountable separately? Like if it's something I had no involvement in then the case against me would be dismissed right?   I think that's about all the questions and concerns I have at the moment but if there are some things I should be aware of please let me know and feel free to mention it. I've never been sued and am not too familiar with the process of it.

d12uem9

d12lxy4

as far as I know, that show rifles through small claims court filings in various counties and tries to contact the litigants in the most juicy sounding ones (i'd guess yours got picked because it was brother vs. brother, if your brother actually did file something).

Judge Mathis isn't a real judge and the show isn't a real court. Someone probably submitted their 'case' against you to the show for some sweet real life karma and money. So if you don't want to go on the show, ignore the mailing. If you do, you'll get paid.

4aq8wc

legaladvice_train

[CA,USA]Received letter from The Judge Mathis Show informing me that I am being sued in small claims even though I've received no notice through the local court Earlier today I received an overnight delivery from FedEx with a letter inside from The Judge Mathis Show informing me that I am being sued in small claims and that they want me to call them to see about being on their show. The thing is I haven't gotten anything in the mail or been served with any type of papers saying that I've been sued. My brother is one of those people who try to sue everybody and anybody and I have heard that he has been planning on suing our family but I can't confirm that.   Right now I'd like to know what are my options available to me and what could potentially happen should I follow those routes? The letter from The Judge Mathis Show say if I am selected to go on their show that I'll be paid an appearance fee, have travel expenses paid for, and if I lose the case they will pay it off for me. This sounds good but because of my profession I don't think going on a nationally televised court show would be very beneficial.   If I don't get served does that mean I am not responsible for any of this? What if I never get anything letting me know I am being sued and don't know when the court date is, will I lose by default and be held liable to pay the amount I am being sued for?   If/When I do receive notice of being sued will I be able to file a counter-suit? Or is that something I have to do separately?   If there other defendants involved do we each get held accountable separately? Like if it's something I had no involvement in then the case against me would be dismissed right?   I think that's about all the questions and concerns I have at the moment but if there are some things I should be aware of please let me know and feel free to mention it. I've never been sued and am not too familiar with the process of it.

d12uem9

d12q9yx

as far as I know, that show rifles through small claims court filings in various counties and tries to contact the litigants in the most juicy sounding ones (i'd guess yours got picked because it was brother vs. brother, if your brother actually did file something).

Why nor respond to the letter saying that you don't know anything about the case, and could they tell you what it's about and where they found it?

4aq8wc

legaladvice_train

[CA,USA]Received letter from The Judge Mathis Show informing me that I am being sued in small claims even though I've received no notice through the local court Earlier today I received an overnight delivery from FedEx with a letter inside from The Judge Mathis Show informing me that I am being sued in small claims and that they want me to call them to see about being on their show. The thing is I haven't gotten anything in the mail or been served with any type of papers saying that I've been sued. My brother is one of those people who try to sue everybody and anybody and I have heard that he has been planning on suing our family but I can't confirm that.   Right now I'd like to know what are my options available to me and what could potentially happen should I follow those routes? The letter from The Judge Mathis Show say if I am selected to go on their show that I'll be paid an appearance fee, have travel expenses paid for, and if I lose the case they will pay it off for me. This sounds good but because of my profession I don't think going on a nationally televised court show would be very beneficial.   If I don't get served does that mean I am not responsible for any of this? What if I never get anything letting me know I am being sued and don't know when the court date is, will I lose by default and be held liable to pay the amount I am being sued for?   If/When I do receive notice of being sued will I be able to file a counter-suit? Or is that something I have to do separately?   If there other defendants involved do we each get held accountable separately? Like if it's something I had no involvement in then the case against me would be dismissed right?   I think that's about all the questions and concerns I have at the moment but if there are some things I should be aware of please let me know and feel free to mention it. I've never been sued and am not too familiar with the process of it.

d13bmbj

d13e2g9

Judge shows tend to pull from county court records. If I were you I would be looking up my name on your county court records site now.

I had the exact same thing happen to me after a car accident a few years ago. Person sued me for $600 in small claims because my insurance told him he was full of shit. Call the number from the letter and ask them to give you the court and the case number and see if you can look it up online. That was how I was able to track down that I was being sued. The jerk that sued me had the wrong address and wrong city in his lawsuit, despite all the correct info being available via the police report. It took him 6 months to get me served properly. I just kept an eye on the case online and kept watching him file extensions until he could figure out how to actually take of business. Went to court, won, and the judge told him never to bother me again.

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqipwgs

hqiqep6

Do you have liability insurance? Make a claim and let them deal with it.

You car insurance may be your best option.

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqjxa58

hqipwgs

Not only are you not liable for any damages to them, but they are actually liable for any damages to you or your car (where there any?) It's just a matter of whether you want your insurance to handle it or to handle it yourself.

Do you have liability insurance? Make a claim and let them deal with it.

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqjjs6z

hqjxa58

If the owner was negligent in protecting their property from injury its on them. Dog outside without a leash is willful negligence

Not only are you not liable for any damages to them, but they are actually liable for any damages to you or your car (where there any?) It's just a matter of whether you want your insurance to handle it or to handle it yourself.

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqjxa58

hqjk1b7

Not only are you not liable for any damages to them, but they are actually liable for any damages to you or your car (where there any?) It's just a matter of whether you want your insurance to handle it or to handle it yourself.

We're there damages to your car from the dog? I'd look into countersuing for them

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqj08il

hqjxa58

(Assuming United States based on Imperial units) Is this letter an official court filing that you were served with? - An official court filing has the name of the court at the top. For example, where I live, it would say "Circuit Court of the State of Oregon for the County of ________". - An official claim will have something like "John Doe, plaintiff v. Your Name, defendant" immediately below the name of the court. To the right of that should be a case number. - The papers should bear a "filed" stamp or some other mark from the court. - Regular mail does not count. Court papers must be sent via certified mail, or delivered by hand, or delivered by a process server or police officer. Otherwise, the "service" of the lawsuit was not done properly and the lawsuit cannot proceed. Once you have verified you have actually been served with a lawsuit, you must file an answer to the suit, typically within 14 to 30 days, depending on state law. The papers will include instructions on how to file an answer to the case, as well as any associated fees you must pay. You usually have three options: - Concede the case and pay the plaintiffs (the people suing you). This means you are admitting that you are liable. - Demand a hearing in court by a judge. This is the best option if you don't think you are liable. Your case will be heard by a judge who will determine whether you are liable. This takes place in small claims court and you don't need to hire a lawyer. The rules are relaxed to accommodate non-lawyers in court. - Demand a jury trial. In most states, this moves the case out of small claims court and into regular civil court. This comes with all the bells and whistles. Both sides will need to hire lawyers, and a jury will be empanelled to decide whether you are liable in a full, formal trial. The process moves at a scenic pace and allows for the lawyers to exchange fire in court and negotiate out of court. Obviously, this is a bit ridiculous for just a few thousand dollars, but it is technically your right.

Not only are you not liable for any damages to them, but they are actually liable for any damages to you or your car (where there any?) It's just a matter of whether you want your insurance to handle it or to handle it yourself.

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqjm08v

hqjxa58

Let them sue, they can’t win. They had their unleashed dog, who was obviously out of their control, running in the street. They are wrong so…… just remember anyone can sue for anything, can they win is another story

Not only are you not liable for any damages to them, but they are actually liable for any damages to you or your car (where there any?) It's just a matter of whether you want your insurance to handle it or to handle it yourself.

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqjtcfr

hqjxa58

Are their leash laws where you live?

Not only are you not liable for any damages to them, but they are actually liable for any damages to you or your car (where there any?) It's just a matter of whether you want your insurance to handle it or to handle it yourself.

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqj08il

hqjjs6z

(Assuming United States based on Imperial units) Is this letter an official court filing that you were served with? - An official court filing has the name of the court at the top. For example, where I live, it would say "Circuit Court of the State of Oregon for the County of ________". - An official claim will have something like "John Doe, plaintiff v. Your Name, defendant" immediately below the name of the court. To the right of that should be a case number. - The papers should bear a "filed" stamp or some other mark from the court. - Regular mail does not count. Court papers must be sent via certified mail, or delivered by hand, or delivered by a process server or police officer. Otherwise, the "service" of the lawsuit was not done properly and the lawsuit cannot proceed. Once you have verified you have actually been served with a lawsuit, you must file an answer to the suit, typically within 14 to 30 days, depending on state law. The papers will include instructions on how to file an answer to the case, as well as any associated fees you must pay. You usually have three options: - Concede the case and pay the plaintiffs (the people suing you). This means you are admitting that you are liable. - Demand a hearing in court by a judge. This is the best option if you don't think you are liable. Your case will be heard by a judge who will determine whether you are liable. This takes place in small claims court and you don't need to hire a lawyer. The rules are relaxed to accommodate non-lawyers in court. - Demand a jury trial. In most states, this moves the case out of small claims court and into regular civil court. This comes with all the bells and whistles. Both sides will need to hire lawyers, and a jury will be empanelled to decide whether you are liable in a full, formal trial. The process moves at a scenic pace and allows for the lawyers to exchange fire in court and negotiate out of court. Obviously, this is a bit ridiculous for just a few thousand dollars, but it is technically your right.

If the owner was negligent in protecting their property from injury its on them. Dog outside without a leash is willful negligence

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqj08il

hqjk1b7

(Assuming United States based on Imperial units) Is this letter an official court filing that you were served with? - An official court filing has the name of the court at the top. For example, where I live, it would say "Circuit Court of the State of Oregon for the County of ________". - An official claim will have something like "John Doe, plaintiff v. Your Name, defendant" immediately below the name of the court. To the right of that should be a case number. - The papers should bear a "filed" stamp or some other mark from the court. - Regular mail does not count. Court papers must be sent via certified mail, or delivered by hand, or delivered by a process server or police officer. Otherwise, the "service" of the lawsuit was not done properly and the lawsuit cannot proceed. Once you have verified you have actually been served with a lawsuit, you must file an answer to the suit, typically within 14 to 30 days, depending on state law. The papers will include instructions on how to file an answer to the case, as well as any associated fees you must pay. You usually have three options: - Concede the case and pay the plaintiffs (the people suing you). This means you are admitting that you are liable. - Demand a hearing in court by a judge. This is the best option if you don't think you are liable. Your case will be heard by a judge who will determine whether you are liable. This takes place in small claims court and you don't need to hire a lawyer. The rules are relaxed to accommodate non-lawyers in court. - Demand a jury trial. In most states, this moves the case out of small claims court and into regular civil court. This comes with all the bells and whistles. Both sides will need to hire lawyers, and a jury will be empanelled to decide whether you are liable in a full, formal trial. The process moves at a scenic pace and allows for the lawyers to exchange fire in court and negotiate out of court. Obviously, this is a bit ridiculous for just a few thousand dollars, but it is technically your right.

We're there damages to your car from the dog? I'd look into countersuing for them

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqk5ryn

hqj08il

Similar situation happened to my dad, but opposite. He was walking the dog, he got off the leash, and got hit by a car. Instead of the driver paying for medical expenses, my dad got sued for damage to the car.

(Assuming United States based on Imperial units) Is this letter an official court filing that you were served with? - An official court filing has the name of the court at the top. For example, where I live, it would say "Circuit Court of the State of Oregon for the County of ________". - An official claim will have something like "John Doe, plaintiff v. Your Name, defendant" immediately below the name of the court. To the right of that should be a case number. - The papers should bear a "filed" stamp or some other mark from the court. - Regular mail does not count. Court papers must be sent via certified mail, or delivered by hand, or delivered by a process server or police officer. Otherwise, the "service" of the lawsuit was not done properly and the lawsuit cannot proceed. Once you have verified you have actually been served with a lawsuit, you must file an answer to the suit, typically within 14 to 30 days, depending on state law. The papers will include instructions on how to file an answer to the case, as well as any associated fees you must pay. You usually have three options: - Concede the case and pay the plaintiffs (the people suing you). This means you are admitting that you are liable. - Demand a hearing in court by a judge. This is the best option if you don't think you are liable. Your case will be heard by a judge who will determine whether you are liable. This takes place in small claims court and you don't need to hire a lawyer. The rules are relaxed to accommodate non-lawyers in court. - Demand a jury trial. In most states, this moves the case out of small claims court and into regular civil court. This comes with all the bells and whistles. Both sides will need to hire lawyers, and a jury will be empanelled to decide whether you are liable in a full, formal trial. The process moves at a scenic pace and allows for the lawyers to exchange fire in court and negotiate out of court. Obviously, this is a bit ridiculous for just a few thousand dollars, but it is technically your right.

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqk12i9

hqk5ryn

There is basically one "if" here. 1 - If the dog was off leash AND the owner was not under control of the dog, you are not at fault. I have seen instances where an owner can claim to be under control of a dog despite the dog being off leash. If the owner was crossing the road (in a crosswalk) and the dog was within a few feet (5-6) of the owner, the dog may be considered under control. If the owner was on the side of the road, on a sidewalk, in a yard, etc. and the dog ran into the street, the dog would NOT be considered under control. Based on what you said, I think it is safe to assume the dog was not under control of the owner. You, or a party representing you (insurance company) must show up to court. If you fail to show, there is a very good chance the judge could rule against you. When you show up to court, be respectful to everyone - including the people suing you - and don't talk over the judge. Your defense could go something like this (simple is better): 1 - I was driving at or under the speed limit on my side of the road. 2 - The dog ran out into the road, leaving me no time to avoid the collision. 3 - The owner was not under control of the dog. 4 - Here is the dash camera footage. I would suggest contacting your insurance company and providing them with the dash camera footage. They may say that they have no jurisdiction in small claims court - in which case, you would need to show up to court (state dependent). This is a very straightforward case - just keep it simple and you shouldn't have any issues. You could take this further and ask for any damages the dog did to your car. Is there a dent, scratch, chip, etc? If so, I suggest asking for those damages to offset the time it takes for you to go to court. In some states, you can also ask for any lost wages. You MUST prove these (provide a repair estimate from a body shop - or a pay stub showing how much you earn every day). Not a lawyer/NLA

Similar situation happened to my dad, but opposite. He was walking the dog, he got off the leash, and got hit by a car. Instead of the driver paying for medical expenses, my dad got sued for damage to the car.

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqk5ryn

hqjm08v

Similar situation happened to my dad, but opposite. He was walking the dog, he got off the leash, and got hit by a car. Instead of the driver paying for medical expenses, my dad got sued for damage to the car.

Let them sue, they can’t win. They had their unleashed dog, who was obviously out of their control, running in the street. They are wrong so…… just remember anyone can sue for anything, can they win is another story

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqk1d29

hqk5ryn

Timely inform your car insurance. You were served presumably about a court filing against you during a collision while you were driving. Next, provide your insurance with a copy of the dash cam pointing out the unleashed dog along with your city, county, or state statute which requires that dogs be leashed when outside/off owner’s property/outside fenced area of owners property. The wording of ordinances varies but the idea is the owner must maintain positive control of the dog at all times.

Similar situation happened to my dad, but opposite. He was walking the dog, he got off the leash, and got hit by a car. Instead of the driver paying for medical expenses, my dad got sued for damage to the car.

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqk3u72

hqk5ryn

You won’t be liable for hitting their dog. That was not on a leash. Take the dash cam footage. I think you’ll be fine.

Similar situation happened to my dad, but opposite. He was walking the dog, he got off the leash, and got hit by a car. Instead of the driver paying for medical expenses, my dad got sued for damage to the car.

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqk5ryn

hqjtcfr

Similar situation happened to my dad, but opposite. He was walking the dog, he got off the leash, and got hit by a car. Instead of the driver paying for medical expenses, my dad got sued for damage to the car.

Are their leash laws where you live?

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqk5ryn

hqjyt85

Similar situation happened to my dad, but opposite. He was walking the dog, he got off the leash, and got hit by a car. Instead of the driver paying for medical expenses, my dad got sued for damage to the car.

Does your city have leash ordinances? For example where I am your dog can’t be off leash unless in a specific area ie dog parks. If so the owner was negligent and broke the law.

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqj08il

hqkr66s

(Assuming United States based on Imperial units) Is this letter an official court filing that you were served with? - An official court filing has the name of the court at the top. For example, where I live, it would say "Circuit Court of the State of Oregon for the County of ________". - An official claim will have something like "John Doe, plaintiff v. Your Name, defendant" immediately below the name of the court. To the right of that should be a case number. - The papers should bear a "filed" stamp or some other mark from the court. - Regular mail does not count. Court papers must be sent via certified mail, or delivered by hand, or delivered by a process server or police officer. Otherwise, the "service" of the lawsuit was not done properly and the lawsuit cannot proceed. Once you have verified you have actually been served with a lawsuit, you must file an answer to the suit, typically within 14 to 30 days, depending on state law. The papers will include instructions on how to file an answer to the case, as well as any associated fees you must pay. You usually have three options: - Concede the case and pay the plaintiffs (the people suing you). This means you are admitting that you are liable. - Demand a hearing in court by a judge. This is the best option if you don't think you are liable. Your case will be heard by a judge who will determine whether you are liable. This takes place in small claims court and you don't need to hire a lawyer. The rules are relaxed to accommodate non-lawyers in court. - Demand a jury trial. In most states, this moves the case out of small claims court and into regular civil court. This comes with all the bells and whistles. Both sides will need to hire lawyers, and a jury will be empanelled to decide whether you are liable in a full, formal trial. The process moves at a scenic pace and allows for the lawyers to exchange fire in court and negotiate out of court. Obviously, this is a bit ridiculous for just a few thousand dollars, but it is technically your right.

If the dog was unleashed and you have a dashcam video, go to court with the evidence. Countersuit might include damages to you car & lost wages... Don't get scared. Watch a few episodes of these small claims courts & build your case. You have this!

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqkr66s

hqk12i9

If the dog was unleashed and you have a dashcam video, go to court with the evidence. Countersuit might include damages to you car & lost wages... Don't get scared. Watch a few episodes of these small claims courts & build your case. You have this!

There is basically one "if" here. 1 - If the dog was off leash AND the owner was not under control of the dog, you are not at fault. I have seen instances where an owner can claim to be under control of a dog despite the dog being off leash. If the owner was crossing the road (in a crosswalk) and the dog was within a few feet (5-6) of the owner, the dog may be considered under control. If the owner was on the side of the road, on a sidewalk, in a yard, etc. and the dog ran into the street, the dog would NOT be considered under control. Based on what you said, I think it is safe to assume the dog was not under control of the owner. You, or a party representing you (insurance company) must show up to court. If you fail to show, there is a very good chance the judge could rule against you. When you show up to court, be respectful to everyone - including the people suing you - and don't talk over the judge. Your defense could go something like this (simple is better): 1 - I was driving at or under the speed limit on my side of the road. 2 - The dog ran out into the road, leaving me no time to avoid the collision. 3 - The owner was not under control of the dog. 4 - Here is the dash camera footage. I would suggest contacting your insurance company and providing them with the dash camera footage. They may say that they have no jurisdiction in small claims court - in which case, you would need to show up to court (state dependent). This is a very straightforward case - just keep it simple and you shouldn't have any issues. You could take this further and ask for any damages the dog did to your car. Is there a dent, scratch, chip, etc? If so, I suggest asking for those damages to offset the time it takes for you to go to court. In some states, you can also ask for any lost wages. You MUST prove these (provide a repair estimate from a body shop - or a pay stub showing how much you earn every day). Not a lawyer/NLA

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqk7p73

hqkr66s

As long as you weren't driving recklessly and didn't hit the animal intentionally, you shouldn't be found to have been at fault. Especially since you have the dashcam evidence, which is ostensibly more evidence than the owners have. If there was any damage to your vehicle, even if it was relatively minor, you should file a counterclaim before your court date.

If the dog was unleashed and you have a dashcam video, go to court with the evidence. Countersuit might include damages to you car & lost wages... Don't get scared. Watch a few episodes of these small claims courts & build your case. You have this!

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqkr66s

hqjm08v

If the dog was unleashed and you have a dashcam video, go to court with the evidence. Countersuit might include damages to you car & lost wages... Don't get scared. Watch a few episodes of these small claims courts & build your case. You have this!

Let them sue, they can’t win. They had their unleashed dog, who was obviously out of their control, running in the street. They are wrong so…… just remember anyone can sue for anything, can they win is another story

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqk1d29

hqkr66s

Timely inform your car insurance. You were served presumably about a court filing against you during a collision while you were driving. Next, provide your insurance with a copy of the dash cam pointing out the unleashed dog along with your city, county, or state statute which requires that dogs be leashed when outside/off owner’s property/outside fenced area of owners property. The wording of ordinances varies but the idea is the owner must maintain positive control of the dog at all times.

If the dog was unleashed and you have a dashcam video, go to court with the evidence. Countersuit might include damages to you car & lost wages... Don't get scared. Watch a few episodes of these small claims courts & build your case. You have this!

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqk3u72

hqkr66s

You won’t be liable for hitting their dog. That was not on a leash. Take the dash cam footage. I think you’ll be fine.

If the dog was unleashed and you have a dashcam video, go to court with the evidence. Countersuit might include damages to you car & lost wages... Don't get scared. Watch a few episodes of these small claims courts & build your case. You have this!

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqkr66s

hqjtcfr

If the dog was unleashed and you have a dashcam video, go to court with the evidence. Countersuit might include damages to you car & lost wages... Don't get scared. Watch a few episodes of these small claims courts & build your case. You have this!

Are their leash laws where you live?

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqkr66s

hqk6xg2

If the dog was unleashed and you have a dashcam video, go to court with the evidence. Countersuit might include damages to you car & lost wages... Don't get scared. Watch a few episodes of these small claims courts & build your case. You have this!

In some countries, it is a common scam to use a trained dog to feign injury.

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqjyt85

hqkr66s

Does your city have leash ordinances? For example where I am your dog can’t be off leash unless in a specific area ie dog parks. If so the owner was negligent and broke the law.

If the dog was unleashed and you have a dashcam video, go to court with the evidence. Countersuit might include damages to you car & lost wages... Don't get scared. Watch a few episodes of these small claims courts & build your case. You have this!

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqk12i9

hqjm08v

There is basically one "if" here. 1 - If the dog was off leash AND the owner was not under control of the dog, you are not at fault. I have seen instances where an owner can claim to be under control of a dog despite the dog being off leash. If the owner was crossing the road (in a crosswalk) and the dog was within a few feet (5-6) of the owner, the dog may be considered under control. If the owner was on the side of the road, on a sidewalk, in a yard, etc. and the dog ran into the street, the dog would NOT be considered under control. Based on what you said, I think it is safe to assume the dog was not under control of the owner. You, or a party representing you (insurance company) must show up to court. If you fail to show, there is a very good chance the judge could rule against you. When you show up to court, be respectful to everyone - including the people suing you - and don't talk over the judge. Your defense could go something like this (simple is better): 1 - I was driving at or under the speed limit on my side of the road. 2 - The dog ran out into the road, leaving me no time to avoid the collision. 3 - The owner was not under control of the dog. 4 - Here is the dash camera footage. I would suggest contacting your insurance company and providing them with the dash camera footage. They may say that they have no jurisdiction in small claims court - in which case, you would need to show up to court (state dependent). This is a very straightforward case - just keep it simple and you shouldn't have any issues. You could take this further and ask for any damages the dog did to your car. Is there a dent, scratch, chip, etc? If so, I suggest asking for those damages to offset the time it takes for you to go to court. In some states, you can also ask for any lost wages. You MUST prove these (provide a repair estimate from a body shop - or a pay stub showing how much you earn every day). Not a lawyer/NLA

Let them sue, they can’t win. They had their unleashed dog, who was obviously out of their control, running in the street. They are wrong so…… just remember anyone can sue for anything, can they win is another story

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqk12i9

hqjtcfr

There is basically one "if" here. 1 - If the dog was off leash AND the owner was not under control of the dog, you are not at fault. I have seen instances where an owner can claim to be under control of a dog despite the dog being off leash. If the owner was crossing the road (in a crosswalk) and the dog was within a few feet (5-6) of the owner, the dog may be considered under control. If the owner was on the side of the road, on a sidewalk, in a yard, etc. and the dog ran into the street, the dog would NOT be considered under control. Based on what you said, I think it is safe to assume the dog was not under control of the owner. You, or a party representing you (insurance company) must show up to court. If you fail to show, there is a very good chance the judge could rule against you. When you show up to court, be respectful to everyone - including the people suing you - and don't talk over the judge. Your defense could go something like this (simple is better): 1 - I was driving at or under the speed limit on my side of the road. 2 - The dog ran out into the road, leaving me no time to avoid the collision. 3 - The owner was not under control of the dog. 4 - Here is the dash camera footage. I would suggest contacting your insurance company and providing them with the dash camera footage. They may say that they have no jurisdiction in small claims court - in which case, you would need to show up to court (state dependent). This is a very straightforward case - just keep it simple and you shouldn't have any issues. You could take this further and ask for any damages the dog did to your car. Is there a dent, scratch, chip, etc? If so, I suggest asking for those damages to offset the time it takes for you to go to court. In some states, you can also ask for any lost wages. You MUST prove these (provide a repair estimate from a body shop - or a pay stub showing how much you earn every day). Not a lawyer/NLA

Are their leash laws where you live?

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqk12i9

hqjyt85

There is basically one "if" here. 1 - If the dog was off leash AND the owner was not under control of the dog, you are not at fault. I have seen instances where an owner can claim to be under control of a dog despite the dog being off leash. If the owner was crossing the road (in a crosswalk) and the dog was within a few feet (5-6) of the owner, the dog may be considered under control. If the owner was on the side of the road, on a sidewalk, in a yard, etc. and the dog ran into the street, the dog would NOT be considered under control. Based on what you said, I think it is safe to assume the dog was not under control of the owner. You, or a party representing you (insurance company) must show up to court. If you fail to show, there is a very good chance the judge could rule against you. When you show up to court, be respectful to everyone - including the people suing you - and don't talk over the judge. Your defense could go something like this (simple is better): 1 - I was driving at or under the speed limit on my side of the road. 2 - The dog ran out into the road, leaving me no time to avoid the collision. 3 - The owner was not under control of the dog. 4 - Here is the dash camera footage. I would suggest contacting your insurance company and providing them with the dash camera footage. They may say that they have no jurisdiction in small claims court - in which case, you would need to show up to court (state dependent). This is a very straightforward case - just keep it simple and you shouldn't have any issues. You could take this further and ask for any damages the dog did to your car. Is there a dent, scratch, chip, etc? If so, I suggest asking for those damages to offset the time it takes for you to go to court. In some states, you can also ask for any lost wages. You MUST prove these (provide a repair estimate from a body shop - or a pay stub showing how much you earn every day). Not a lawyer/NLA

Does your city have leash ordinances? For example where I am your dog can’t be off leash unless in a specific area ie dog parks. If so the owner was negligent and broke the law.

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqjm08v

hqk7p73

Let them sue, they can’t win. They had their unleashed dog, who was obviously out of their control, running in the street. They are wrong so…… just remember anyone can sue for anything, can they win is another story

As long as you weren't driving recklessly and didn't hit the animal intentionally, you shouldn't be found to have been at fault. Especially since you have the dashcam evidence, which is ostensibly more evidence than the owners have. If there was any damage to your vehicle, even if it was relatively minor, you should file a counterclaim before your court date.

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqk1d29

hqk7p73

Timely inform your car insurance. You were served presumably about a court filing against you during a collision while you were driving. Next, provide your insurance with a copy of the dash cam pointing out the unleashed dog along with your city, county, or state statute which requires that dogs be leashed when outside/off owner’s property/outside fenced area of owners property. The wording of ordinances varies but the idea is the owner must maintain positive control of the dog at all times.

As long as you weren't driving recklessly and didn't hit the animal intentionally, you shouldn't be found to have been at fault. Especially since you have the dashcam evidence, which is ostensibly more evidence than the owners have. If there was any damage to your vehicle, even if it was relatively minor, you should file a counterclaim before your court date.

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqk3u72

hqk7p73

You won’t be liable for hitting their dog. That was not on a leash. Take the dash cam footage. I think you’ll be fine.

As long as you weren't driving recklessly and didn't hit the animal intentionally, you shouldn't be found to have been at fault. Especially since you have the dashcam evidence, which is ostensibly more evidence than the owners have. If there was any damage to your vehicle, even if it was relatively minor, you should file a counterclaim before your court date.

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqk7p73

hqjtcfr

As long as you weren't driving recklessly and didn't hit the animal intentionally, you shouldn't be found to have been at fault. Especially since you have the dashcam evidence, which is ostensibly more evidence than the owners have. If there was any damage to your vehicle, even if it was relatively minor, you should file a counterclaim before your court date.

Are their leash laws where you live?

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqk7p73

hqk6xg2

As long as you weren't driving recklessly and didn't hit the animal intentionally, you shouldn't be found to have been at fault. Especially since you have the dashcam evidence, which is ostensibly more evidence than the owners have. If there was any damage to your vehicle, even if it was relatively minor, you should file a counterclaim before your court date.

In some countries, it is a common scam to use a trained dog to feign injury.

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqk7p73

hqjyt85

As long as you weren't driving recklessly and didn't hit the animal intentionally, you shouldn't be found to have been at fault. Especially since you have the dashcam evidence, which is ostensibly more evidence than the owners have. If there was any damage to your vehicle, even if it was relatively minor, you should file a counterclaim before your court date.

Does your city have leash ordinances? For example where I am your dog can’t be off leash unless in a specific area ie dog parks. If so the owner was negligent and broke the law.

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqk1d29

hqjtcfr

Timely inform your car insurance. You were served presumably about a court filing against you during a collision while you were driving. Next, provide your insurance with a copy of the dash cam pointing out the unleashed dog along with your city, county, or state statute which requires that dogs be leashed when outside/off owner’s property/outside fenced area of owners property. The wording of ordinances varies but the idea is the owner must maintain positive control of the dog at all times.

Are their leash laws where you live?

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqjyt85

hqk1d29

Does your city have leash ordinances? For example where I am your dog can’t be off leash unless in a specific area ie dog parks. If so the owner was negligent and broke the law.

Timely inform your car insurance. You were served presumably about a court filing against you during a collision while you were driving. Next, provide your insurance with a copy of the dash cam pointing out the unleashed dog along with your city, county, or state statute which requires that dogs be leashed when outside/off owner’s property/outside fenced area of owners property. The wording of ordinances varies but the idea is the owner must maintain positive control of the dog at all times.

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqjtcfr

hqk3u72

Are their leash laws where you live?

You won’t be liable for hitting their dog. That was not on a leash. Take the dash cam footage. I think you’ll be fine.

rrvfx8

legaladvice_train

I hit an unleashed and got sued in a small claim court. What are my options? This happened back in late October. The owner had an unleashed dog that ran into my car. I was driving at 20mph. The incident was recorded on dashcam as well. The owner was basically blaming me and cussing me out when I stopped and got out of the car to check up on her dog. Luckily, the dog ended up with a broken leg and not in a life-threatened situation. They then requested me to pay for their medical bills which costs 6k. I told them that I'm not liable for their expenses since their dog technically ran into my car. They pushed it further and threatened to bring this to court. I have been reading other posts with similar situation. It seems that others agreed the owner is at fault here. However, I received a letter that they are suing me in a small claim court claiming that I'm responsible for their medical expenses. This is my first time getting sued. Reddit, please ease my mind. Am I legally responsible for this person dog's bills? ​ **TLDR:** Unleashed dog ran into my and and the owner is bring me to court. My hearing is next month. I got a video of the unleashed dog running into my car.

hqjyt85

hqk3u72

Does your city have leash ordinances? For example where I am your dog can’t be off leash unless in a specific area ie dog parks. If so the owner was negligent and broke the law.

You won’t be liable for hitting their dog. That was not on a leash. Take the dash cam footage. I think you’ll be fine.

d6m98p

legaladvice_train

I was laid off after spouse reported sexual harassment by supervisor (Hawaii) Spouse and I work for the same company, and have similar positions, and have for many years. It is a very specialized industry, only a handful of employers in the state where we can use our skills. It is a highly paid position that requires very specific training. Spouse recently reported our immediate supervisor for sexual harassment based on some inappropriate behavior that occurred at work over several months. A few weeks after the sexual harassment was reported, I was laid off due for economic reasons. However I have more seniority and more experience than other employees that were not laid off, and I have always had stellar employee reviews and no write ups for anything. The supervisor was interviewed about the incidents by HR, but no other disciplinary action has happened that we know about. There have not been additional harassment incidents since this. We believe I was let go in retaliation for the harassment report, because they know that for me to get a comparable job in the same industry, we would likely need to relocate, so my spouse would quit and move with me. Is this illegal, and how would we prove that it was done as retaliation?

f0ug784

f0ub822

"However I have more seniority and more experience than other employees that were not laid off" ​ I don't agree with what the employer did. But, if you were paid more than other employees and **the company actually had budget issues**, then there is some justification for letting you go. From the company's perspective they could let go of one employee (you) or multiple other employees. My point, is that its better to prove retaliation by looking at the proximity of your termination with the complaint.

Contact the Hawaii Civil Right Commission: http://labor.hawaii.gov/hcrc/ Phone numbers can be found here: http://labor.hawaii.gov/hcrc/contact/

d6m98p

legaladvice_train

I was laid off after spouse reported sexual harassment by supervisor (Hawaii) Spouse and I work for the same company, and have similar positions, and have for many years. It is a very specialized industry, only a handful of employers in the state where we can use our skills. It is a highly paid position that requires very specific training. Spouse recently reported our immediate supervisor for sexual harassment based on some inappropriate behavior that occurred at work over several months. A few weeks after the sexual harassment was reported, I was laid off due for economic reasons. However I have more seniority and more experience than other employees that were not laid off, and I have always had stellar employee reviews and no write ups for anything. The supervisor was interviewed about the incidents by HR, but no other disciplinary action has happened that we know about. There have not been additional harassment incidents since this. We believe I was let go in retaliation for the harassment report, because they know that for me to get a comparable job in the same industry, we would likely need to relocate, so my spouse would quit and move with me. Is this illegal, and how would we prove that it was done as retaliation?

f0v9hwu

f0ui6qv

The EEOC treats an adverse action taken against a partner or family member of an employee who makes a claim about illegal discrimination as illegal retaliation against said partner or family member. The Supreme Court backed this interpretation in *Thompson v North American Stainless*, 131 S.Ct 863 (2011). You and your spouse can file a charge with the EEOC and they will investigate your case. This costs nothing but the time spent completing the online form and subsequent phone or in-person interview. The agency may decide to attempt mediation, refer you to the HCRC, or possibly sue on your and/or your wife's behalf. You would also receive a Notice of Right to Sue letter, which you would need to pursue a private claim against your former employer (either in lieu of in conjunction with the EEOC and/or HCRC suing on your behalf).

Unless you can prove it, it's legal.

d6m98p

legaladvice_train

I was laid off after spouse reported sexual harassment by supervisor (Hawaii) Spouse and I work for the same company, and have similar positions, and have for many years. It is a very specialized industry, only a handful of employers in the state where we can use our skills. It is a highly paid position that requires very specific training. Spouse recently reported our immediate supervisor for sexual harassment based on some inappropriate behavior that occurred at work over several months. A few weeks after the sexual harassment was reported, I was laid off due for economic reasons. However I have more seniority and more experience than other employees that were not laid off, and I have always had stellar employee reviews and no write ups for anything. The supervisor was interviewed about the incidents by HR, but no other disciplinary action has happened that we know about. There have not been additional harassment incidents since this. We believe I was let go in retaliation for the harassment report, because they know that for me to get a comparable job in the same industry, we would likely need to relocate, so my spouse would quit and move with me. Is this illegal, and how would we prove that it was done as retaliation?

f0uumyx

f0ui6qv

How many people were laid off and did you ask why you were selected for layoff given your seniority and performance reviews?

Unless you can prove it, it's legal.

rsg4id

legaladvice_train

I was fired for reporting sexual harrassment. What can I do to make sure this never happens again to another woman? I was an Assistant Manager for a big retail chain. I was fired today for what I know is retaliation for turning in a report for sexual harrassment and a hostile work environment on my Manager. Let's rewind so you can get the whole picture, 3 months ago a few coworkers and I got together to file a sexual harrassment report against our Manager. He was being hostile with me and holding my job over my head in order to scare me into submission. He also said disgusting sexual shit to and around me, as well as to my coworkers. He also was telling disgusting jokes and saying things like, 'I hit women, check my record', which he is currently in legal trouble for Domestic Violence against his ex wife. I was scared to file the report because I have kids and I NEEDED my job so bad , but I know what's right is right so I did end up writing the report along with a few other coworkers. I even stated in my report that I was 'scared to write this because I need my job'. Well a month passes from the time we turned it in. Nothing happens. 2 months later, still nothing happens. Then 3 weeks ago a coworker told me the District Manager stopped by and said he had the reports and asked if she was ok. Nothing else was ever said. Nothing happened, no phone call, no questions, no interviews, nothing. Well, in the mean time after we found out the District Manager had the reports, our Manager changed. He stopped making sexual jokes and remarks and started being mean, irritable, and even more hostile towards those of us who made the reports. He also began threatening our jobs, hours, and schedules even more than before. Almost as if he were tipped off.. Well today, 3months after the reports were sent in, I got fired via text message. With the bogus excuse of attendance even though I had called out and had notes.. I know whole heartedly that me being fired was retaliation for turning him into HR. My coworkers, who I'm still in contact with, say their jobs are being threatened by him as well. He has already gotten into trouble for this type of stuff before. He was moved to our store because he was turned in for sexual harrassment at his old store. It's bullshit, he's rewarded while we are punished. I worked hard at my job y'all. I needed my job. I'm now at home crying in bed because I don't know what to do now for my kids. I was always taught to stand up for whats right and to not be scared, but Now Im wondering if I should of just let him do it. I'm a sexual assault survivor and this whole situation has had me fucked up all day. It's not right, there's no way this is legal is it? What can I do to make sure this company/Manager can NEVER do this to another female employee ever again. I never want another woman to experience the trauma I did with this company. ***I also have picture proof of the actual report I filled out along with texts he has sent**

hqmdzdi

hqm7v2d

Assuming this is in the United States, it sounds like a federal EEOC / state human rights case to me. Reporting workplace sexual harassment is a protected activity and retaliation is illegal. EEOC cases begin with a complaint filed online (preferably), then a phone interview.

Contact the NLRB and start the claim process as well as your State labor agency

rsg4id

legaladvice_train

I was fired for reporting sexual harrassment. What can I do to make sure this never happens again to another woman? I was an Assistant Manager for a big retail chain. I was fired today for what I know is retaliation for turning in a report for sexual harrassment and a hostile work environment on my Manager. Let's rewind so you can get the whole picture, 3 months ago a few coworkers and I got together to file a sexual harrassment report against our Manager. He was being hostile with me and holding my job over my head in order to scare me into submission. He also said disgusting sexual shit to and around me, as well as to my coworkers. He also was telling disgusting jokes and saying things like, 'I hit women, check my record', which he is currently in legal trouble for Domestic Violence against his ex wife. I was scared to file the report because I have kids and I NEEDED my job so bad , but I know what's right is right so I did end up writing the report along with a few other coworkers. I even stated in my report that I was 'scared to write this because I need my job'. Well a month passes from the time we turned it in. Nothing happens. 2 months later, still nothing happens. Then 3 weeks ago a coworker told me the District Manager stopped by and said he had the reports and asked if she was ok. Nothing else was ever said. Nothing happened, no phone call, no questions, no interviews, nothing. Well, in the mean time after we found out the District Manager had the reports, our Manager changed. He stopped making sexual jokes and remarks and started being mean, irritable, and even more hostile towards those of us who made the reports. He also began threatening our jobs, hours, and schedules even more than before. Almost as if he were tipped off.. Well today, 3months after the reports were sent in, I got fired via text message. With the bogus excuse of attendance even though I had called out and had notes.. I know whole heartedly that me being fired was retaliation for turning him into HR. My coworkers, who I'm still in contact with, say their jobs are being threatened by him as well. He has already gotten into trouble for this type of stuff before. He was moved to our store because he was turned in for sexual harrassment at his old store. It's bullshit, he's rewarded while we are punished. I worked hard at my job y'all. I needed my job. I'm now at home crying in bed because I don't know what to do now for my kids. I was always taught to stand up for whats right and to not be scared, but Now Im wondering if I should of just let him do it. I'm a sexual assault survivor and this whole situation has had me fucked up all day. It's not right, there's no way this is legal is it? What can I do to make sure this company/Manager can NEVER do this to another female employee ever again. I never want another woman to experience the trauma I did with this company. ***I also have picture proof of the actual report I filled out along with texts he has sent**

hqmdzdi

hqmc8zu

Assuming this is in the United States, it sounds like a federal EEOC / state human rights case to me. Reporting workplace sexual harassment is a protected activity and retaliation is illegal. EEOC cases begin with a complaint filed online (preferably), then a phone interview.

Given your username, I am presuming you are in California. First off, what you describe him as doing is illegal under federal law and retaliation for filing a complaint under federal law. You can report the manager and company to the EEOC for the original actions as well as for the retaliation. California law extends the federal protections quite well, and you can instead report the original action to the DFEH \- you only need to file with either the EEOC or DFEH as any report will be automatically cross filed by the government. You can also report the retaliation to the DLSE. California is generally pretty good about employee protections, including for whistleblowers, which you counted as once you filed the claim.

rsg4id

legaladvice_train

I was fired for reporting sexual harrassment. What can I do to make sure this never happens again to another woman? I was an Assistant Manager for a big retail chain. I was fired today for what I know is retaliation for turning in a report for sexual harrassment and a hostile work environment on my Manager. Let's rewind so you can get the whole picture, 3 months ago a few coworkers and I got together to file a sexual harrassment report against our Manager. He was being hostile with me and holding my job over my head in order to scare me into submission. He also said disgusting sexual shit to and around me, as well as to my coworkers. He also was telling disgusting jokes and saying things like, 'I hit women, check my record', which he is currently in legal trouble for Domestic Violence against his ex wife. I was scared to file the report because I have kids and I NEEDED my job so bad , but I know what's right is right so I did end up writing the report along with a few other coworkers. I even stated in my report that I was 'scared to write this because I need my job'. Well a month passes from the time we turned it in. Nothing happens. 2 months later, still nothing happens. Then 3 weeks ago a coworker told me the District Manager stopped by and said he had the reports and asked if she was ok. Nothing else was ever said. Nothing happened, no phone call, no questions, no interviews, nothing. Well, in the mean time after we found out the District Manager had the reports, our Manager changed. He stopped making sexual jokes and remarks and started being mean, irritable, and even more hostile towards those of us who made the reports. He also began threatening our jobs, hours, and schedules even more than before. Almost as if he were tipped off.. Well today, 3months after the reports were sent in, I got fired via text message. With the bogus excuse of attendance even though I had called out and had notes.. I know whole heartedly that me being fired was retaliation for turning him into HR. My coworkers, who I'm still in contact with, say their jobs are being threatened by him as well. He has already gotten into trouble for this type of stuff before. He was moved to our store because he was turned in for sexual harrassment at his old store. It's bullshit, he's rewarded while we are punished. I worked hard at my job y'all. I needed my job. I'm now at home crying in bed because I don't know what to do now for my kids. I was always taught to stand up for whats right and to not be scared, but Now Im wondering if I should of just let him do it. I'm a sexual assault survivor and this whole situation has had me fucked up all day. It's not right, there's no way this is legal is it? What can I do to make sure this company/Manager can NEVER do this to another female employee ever again. I never want another woman to experience the trauma I did with this company. ***I also have picture proof of the actual report I filled out along with texts he has sent**

hqnfc9d

hqmc8zu

Please see a lawyer ASAP and before filing an EEOC or FEHA claim. This sounds like a case an employment lawyer would be interested in taking on a contingency basis, meaning you would not be required to pay fees up front. Call your local bar association for a referral to a plaintiff’s employment lawyer. Your lawyer can decided whether to proceed w a lawsuit or go thru the EEOC/FEHA investigative process (you can file a claim but indicate you are proceeding directly to litigation and do not want the lengthy and sometimes frustrating investigation by government agencies). You may be entitled to lost wages and more. Source: California lawyer who has done employment cases.

Given your username, I am presuming you are in California. First off, what you describe him as doing is illegal under federal law and retaliation for filing a complaint under federal law. You can report the manager and company to the EEOC for the original actions as well as for the retaliation. California law extends the federal protections quite well, and you can instead report the original action to the DFEH \- you only need to file with either the EEOC or DFEH as any report will be automatically cross filed by the government. You can also report the retaliation to the DLSE. California is generally pretty good about employee protections, including for whistleblowers, which you counted as once you filed the claim.

8kikxf

legaladvice_train

I take medication for my anxiety. Manager is demanding to know what it is in front of other employees and after weeks of not telling him, he has started berating me in front of my coworkers not to take it in front of them (Georgia) My friend doesn’t use reddit, but I told him about this sub. So I’m letting him post on my account: I work at a warehouse, I’ve been there for two straight years, hardly any absences, I come in whenever they call. I like to work, it’s what I do. In the past year I’ve been diagnosed with severe anxiety... also a possibility of PTSD due to my brother’s Suicide and Father’s death, and then grandmother’s death soon after. I have not gone to the therapist recommended to me, yet. I do not feel I am ready to discuss such things face to face. Regardless, this medicine has made an amazing difference. It’s been about 3 years since the above trauma, and this is the first thing I’ve tried or even realized I could try and my doctor and I have found the best dose so far. Anyway, my supervisor/manager is already a jerk, but I get by and just do what I’m told. I’m actually pretty secretive about my medication, but due to the job our bags and pockets are checked at the end of the night before leaving. He has seen my prescription bottles (there are two medications I can take, one on a timed schedule, and the other when I need something to really calm me down) and since then has constantly asked me about it. In front of my other coworkers. Me not wanting to talk about it has seemed to light a fire under him to find out. Tonight it escalated to the point of him yelling at me in front of my coworkers and telling me not to take my medication in front of them. Well if they didn’t know I took medicine, now they do. So much for HIPPA.... I don’t feel like explaining this to anyone, or why I take anxiety medicine. Is he allowed to do this? Is there any retaliation I can do calmly to get him to back off? Please help. It would be very appreciated.

dz81vln

dz8365w

This might not address your issue in the way you expect, but in many jobs where safety is at issue, you may have signed something upon your hiring that says you'll disclose if you're on any medications that may effect your ability to do your job. For example, if you're on benzodiazepines, that might be one category if medications that's included. You want to go over your hiring paperwork carefully so that when you move forward \(whatever your next steps are with your boss\), you are on solid footing.

I just want to start off by saying that you don’t have to talk about that to your therapist and still get useful therapy - one thing therapists do is give you advice and coping skills on how to manage your symptoms. They don’t exist to dig into your past, especially when the cause of the trauma is so clear. According to this EEOC source, it looks like the privacy sections of the ADA covers all employees, not just employees with accommodations. Your next step should be to go to HR, or if there is no HR, the next supervisor up.

8kikxf

legaladvice_train

I take medication for my anxiety. Manager is demanding to know what it is in front of other employees and after weeks of not telling him, he has started berating me in front of my coworkers not to take it in front of them (Georgia) My friend doesn’t use reddit, but I told him about this sub. So I’m letting him post on my account: I work at a warehouse, I’ve been there for two straight years, hardly any absences, I come in whenever they call. I like to work, it’s what I do. In the past year I’ve been diagnosed with severe anxiety... also a possibility of PTSD due to my brother’s Suicide and Father’s death, and then grandmother’s death soon after. I have not gone to the therapist recommended to me, yet. I do not feel I am ready to discuss such things face to face. Regardless, this medicine has made an amazing difference. It’s been about 3 years since the above trauma, and this is the first thing I’ve tried or even realized I could try and my doctor and I have found the best dose so far. Anyway, my supervisor/manager is already a jerk, but I get by and just do what I’m told. I’m actually pretty secretive about my medication, but due to the job our bags and pockets are checked at the end of the night before leaving. He has seen my prescription bottles (there are two medications I can take, one on a timed schedule, and the other when I need something to really calm me down) and since then has constantly asked me about it. In front of my other coworkers. Me not wanting to talk about it has seemed to light a fire under him to find out. Tonight it escalated to the point of him yelling at me in front of my coworkers and telling me not to take my medication in front of them. Well if they didn’t know I took medicine, now they do. So much for HIPPA.... I don’t feel like explaining this to anyone, or why I take anxiety medicine. Is he allowed to do this? Is there any retaliation I can do calmly to get him to back off? Please help. It would be very appreciated.

dz7zjnm

dz8365w

HIPAA applies specifically to medical professionals. Your boss at the warehouse is not bound by the HIPAA. Your boss has a responsibility to make sure you aren't taking mind-altering drugs if you are going to operate or be around heavy machinery, like fork lifts common in a warehouse. He has a responsibility to all the employees he manages to keep them safe. He can ask. You aren't required to tell him. He can also fire you for not telling him. Your best solution would be to sit down privately with your boss and explain that you feel uncomfortable discussing the reasons for taking the medication, but show that the medication doesn't impact your ability to do your job, and doesn't have dangerous side effects.

I just want to start off by saying that you don’t have to talk about that to your therapist and still get useful therapy - one thing therapists do is give you advice and coping skills on how to manage your symptoms. They don’t exist to dig into your past, especially when the cause of the trauma is so clear. According to this EEOC source, it looks like the privacy sections of the ADA covers all employees, not just employees with accommodations. Your next step should be to go to HR, or if there is no HR, the next supervisor up.

8kikxf

legaladvice_train

I take medication for my anxiety. Manager is demanding to know what it is in front of other employees and after weeks of not telling him, he has started berating me in front of my coworkers not to take it in front of them (Georgia) My friend doesn’t use reddit, but I told him about this sub. So I’m letting him post on my account: I work at a warehouse, I’ve been there for two straight years, hardly any absences, I come in whenever they call. I like to work, it’s what I do. In the past year I’ve been diagnosed with severe anxiety... also a possibility of PTSD due to my brother’s Suicide and Father’s death, and then grandmother’s death soon after. I have not gone to the therapist recommended to me, yet. I do not feel I am ready to discuss such things face to face. Regardless, this medicine has made an amazing difference. It’s been about 3 years since the above trauma, and this is the first thing I’ve tried or even realized I could try and my doctor and I have found the best dose so far. Anyway, my supervisor/manager is already a jerk, but I get by and just do what I’m told. I’m actually pretty secretive about my medication, but due to the job our bags and pockets are checked at the end of the night before leaving. He has seen my prescription bottles (there are two medications I can take, one on a timed schedule, and the other when I need something to really calm me down) and since then has constantly asked me about it. In front of my other coworkers. Me not wanting to talk about it has seemed to light a fire under him to find out. Tonight it escalated to the point of him yelling at me in front of my coworkers and telling me not to take my medication in front of them. Well if they didn’t know I took medicine, now they do. So much for HIPPA.... I don’t feel like explaining this to anyone, or why I take anxiety medicine. Is he allowed to do this? Is there any retaliation I can do calmly to get him to back off? Please help. It would be very appreciated.

dz7zjnm

dz81vln

HIPAA applies specifically to medical professionals. Your boss at the warehouse is not bound by the HIPAA. Your boss has a responsibility to make sure you aren't taking mind-altering drugs if you are going to operate or be around heavy machinery, like fork lifts common in a warehouse. He has a responsibility to all the employees he manages to keep them safe. He can ask. You aren't required to tell him. He can also fire you for not telling him. Your best solution would be to sit down privately with your boss and explain that you feel uncomfortable discussing the reasons for taking the medication, but show that the medication doesn't impact your ability to do your job, and doesn't have dangerous side effects.

This might not address your issue in the way you expect, but in many jobs where safety is at issue, you may have signed something upon your hiring that says you'll disclose if you're on any medications that may effect your ability to do your job. For example, if you're on benzodiazepines, that might be one category if medications that's included. You want to go over your hiring paperwork carefully so that when you move forward \(whatever your next steps are with your boss\), you are on solid footing.

8kikxf

legaladvice_train

I take medication for my anxiety. Manager is demanding to know what it is in front of other employees and after weeks of not telling him, he has started berating me in front of my coworkers not to take it in front of them (Georgia) My friend doesn’t use reddit, but I told him about this sub. So I’m letting him post on my account: I work at a warehouse, I’ve been there for two straight years, hardly any absences, I come in whenever they call. I like to work, it’s what I do. In the past year I’ve been diagnosed with severe anxiety... also a possibility of PTSD due to my brother’s Suicide and Father’s death, and then grandmother’s death soon after. I have not gone to the therapist recommended to me, yet. I do not feel I am ready to discuss such things face to face. Regardless, this medicine has made an amazing difference. It’s been about 3 years since the above trauma, and this is the first thing I’ve tried or even realized I could try and my doctor and I have found the best dose so far. Anyway, my supervisor/manager is already a jerk, but I get by and just do what I’m told. I’m actually pretty secretive about my medication, but due to the job our bags and pockets are checked at the end of the night before leaving. He has seen my prescription bottles (there are two medications I can take, one on a timed schedule, and the other when I need something to really calm me down) and since then has constantly asked me about it. In front of my other coworkers. Me not wanting to talk about it has seemed to light a fire under him to find out. Tonight it escalated to the point of him yelling at me in front of my coworkers and telling me not to take my medication in front of them. Well if they didn’t know I took medicine, now they do. So much for HIPPA.... I don’t feel like explaining this to anyone, or why I take anxiety medicine. Is he allowed to do this? Is there any retaliation I can do calmly to get him to back off? Please help. It would be very appreciated.

dz8f9s3

dz8ej49

https://www1.eeoc.gov//eeoc/publications/mental_health.cfm?renderforprint=1 You are covered under the American with Disabilities Act. You need to specifically ask for a reasonable accommodation so that you may take your medication. Your employer may ask for proof of your disability before they provide you with the accommodation. A note from your doctor stating that you need to take this medicine should be fine. I know this seems like an overkill and your idiot boss should just stop being an ass and let you take your medicine in peace. But he’s not going to and so you need to make sure to protect yourself. After you ask for reasonable accommodation and provide your doctor’s note, make sure you document any and all harassment. He has to provide the accommodation (which in your case means just a few minutes a day to take your medicine) and he cannot fire you for it.

I am a manager and consider it inappropriate to put an employee on the spot in front of the staff. I’ve dealt with injured feet, OCD, migraines, dizziness, pregnancy, the list goes on. Depending on the issue I would need to ask my employee a few simple questions in private and consult HR as well. I agree with another commenter’s suggestion about presenting your boss with a doctor’s note. More often than not in cases I’ve dealt with I’ve had to ask my affected staff member for one, especially if safety is a concern and also when trying to evaluate if a reasonable accommodation may be provided to an employee with restrictions and limitations. If you do not feel like your situation is being handled well please consult with HR as soon as possible. Other things you may also do are consult with your Employee Assistance Program (EAP) and/or Corporate Safety (provided your employer has these). Hope this helps!

8kikxf

legaladvice_train

I take medication for my anxiety. Manager is demanding to know what it is in front of other employees and after weeks of not telling him, he has started berating me in front of my coworkers not to take it in front of them (Georgia) My friend doesn’t use reddit, but I told him about this sub. So I’m letting him post on my account: I work at a warehouse, I’ve been there for two straight years, hardly any absences, I come in whenever they call. I like to work, it’s what I do. In the past year I’ve been diagnosed with severe anxiety... also a possibility of PTSD due to my brother’s Suicide and Father’s death, and then grandmother’s death soon after. I have not gone to the therapist recommended to me, yet. I do not feel I am ready to discuss such things face to face. Regardless, this medicine has made an amazing difference. It’s been about 3 years since the above trauma, and this is the first thing I’ve tried or even realized I could try and my doctor and I have found the best dose so far. Anyway, my supervisor/manager is already a jerk, but I get by and just do what I’m told. I’m actually pretty secretive about my medication, but due to the job our bags and pockets are checked at the end of the night before leaving. He has seen my prescription bottles (there are two medications I can take, one on a timed schedule, and the other when I need something to really calm me down) and since then has constantly asked me about it. In front of my other coworkers. Me not wanting to talk about it has seemed to light a fire under him to find out. Tonight it escalated to the point of him yelling at me in front of my coworkers and telling me not to take my medication in front of them. Well if they didn’t know I took medicine, now they do. So much for HIPPA.... I don’t feel like explaining this to anyone, or why I take anxiety medicine. Is he allowed to do this? Is there any retaliation I can do calmly to get him to back off? Please help. It would be very appreciated.

dz8luvo

dz8mnjf

There are a few situations where he would need to know, although the way he has gone about this is not proper. But this is very job and med dependent. If you work in an office, this should be np. If you work construction, are required to drive, etc., than this can be a real issue. In your post you do not state what your job is or what meds you are on. Do you operate "heavy machinery?" Can/do the meds you take affect your ability to work on things of a mechanical nature? If the meds you take put you or anyone else in danger he needs to know, and he needs to prevent you from continuing, or both you and your employer can be in a lot of trouble.

I've been in a similar situation. Worked at a warehouse for one of the biggest companies in the world. And, yes, while laws like non-retaliation and the like superficially protect employees, this won't stop vindictive managers/supervisors from finding a way to make an employees work-life miserable. My recommendation is to consult a union representative—if available—to establish a non-biased outside party. Going to human resources or even your super's super could make your situation worse. Remember: There's a reason why your manager 'earned' that title. [Birds of a feather...] In fairness and optimism, maybe your supervisor is somewhat inexperienced with proper protocol and is just worried that the medication you are taking could result in a workplace injury. I know that the warehouse I worked for had two main focus points: Safety and Productivity. With the former being the 'top priority.' *cough The worst part has to be the fact that anxiety and the post traumatic stress is compounded by having your work-life thrown into turmoil. Just keep your head on as straight as possible, safely do your job the best you can, and remember if worse-comes-to-worse your mental health is more important than anything—especially the job. Post script: Many workplaces and schools pretend that mental health is something that is given careful consideration and compassion, but results speak louder than words. With a mass school shooting every two months and unreasonably overly demanding work quotas it's obvious that it's up to those of us who become the victims of these problems to force change. You reaching out for help inches us closer to that goal. Best wishes.

5dhgwo

legaladvice_train

My ex-fiancee sold $25k engagement ring after our break-up instead of returning it to me. I still owe money on the ring. What do I do now? (MT)

da4xw12

da4nmpl

I'm very curious about the circumstances of the breakup.

Can the ring be repo-ed if he stops paying?

5dhgwo

legaladvice_train

My ex-fiancee sold $25k engagement ring after our break-up instead of returning it to me. I still owe money on the ring. What do I do now? (MT)

da4tmm7

da4xw12

deleted ^^^^^^^^^^^^^^^^0.7642 ^^^What ^^^is ^^^this?

I'm very curious about the circumstances of the breakup.

bht21k

legaladvice_train

I work as a driver, and saw something fucked up at work. My boss talked to her boss, and they both said that I cant contact the police about it. What CAN I do? So the story is that I was delivering to a man who let his Two-year-old with a soiled diaper open the door for a stranger, and when I came in he had his belt unbuckled his pants unbuttoned and unzipped. Is other younger daughter was sitting on the dirty floor next to his desk playing with something, I didn't see what it was. Something in the air reminded me of a pet parrots unclean cage, it smelled horrible in there. He had a very sexual video/ movie going on his computer monitor (man undressing a woman, camera on her ass). He told me his pants had fallen down(but Belts don't just come unbuckled). I set the pizza down on the table, and once he signed the credit card slip I excused myself. When I got back to the store I had written Everything down so that I wouldn't forget it talk to my manager about calling the police. She talked to her boss about It and they came to the conclusion that I "can't call the police because it would fall back on the company and we can't have that". What can I do to help these children? Their living conditions are terrible with his small, disgusting apartment and him beating it in front of them I'm in Kansas This happened about an hour ago

elvjoyd

elvjnl8

Report it. See about getting CPS to check it out. Don’t tell your employer and if they happen to fire you, get a job at one of the other pizza joints.

Call CPS and make an anonymous report. Your bosses are being morally repugnant over this.

k2hysc

legaladvice_train

My roommate’s cat has serious behavioral issues that I’ve tried numerous times to talk to my roommate about. He’s always denied everything and refused to hear about it, but tonight the cat attacked me so bad I ended up needing sutures and I’m on sick leave. Can I sue him and how? I’m a 20 years old female student living in Quebec, Canada. I moved in with my roommate (33,M) last July. I met him through an add that he posted when he was looking for a roommate. He seemed like a pretty decent guy, no red flags about him so I agreed to move in. He told me he has a cat that rarely comes out of the storage room and is very shy. That’s all. Turns out, the cat, Gus, is a living demon. Usually, I’m very good with animals. My mom always said I was gifted because I’ve always been able to approach, tame and comfort any animal I’ve ever met. But not this cat. Gus has some serious behavioral issues. At first, it started with him pooping and peeing everywhere in the apartment, especially on the couch. No big deal, just gotta clean it and it’s forgotten. It never came out of the storage room, to the point where my roommate had to put his food and water bowls and his litter box in the storage room. I get it, I’m an intruder in his space. I thought if I gave the cat lots of space and let it take it’s time, it would get used to my presence. It did the complete opposite. Since September, the cat waits for me to wake up and get out of my bedroom in the morning, and attacks me. It claws my legs and hisses and freaks out as soon as it sees me, and I almost never really notice it first, as it hides and waits for me to get close enough. So almost every morning, I get surprise-attacked as soon as I wake up. I told my roommate multiple times about this, and he never cared. The cat also screams bloody murder every single night, it’s so loud even the neighbors hear it (we live in an apartment building). The cat really sounds like it’s in agony, it’s really frightening. The cat shows ALL signs of anxiety disorder. I’ve tried every way of talking to my roommate about it, even offered to pay for half of the vet bill if we take it there, but my roommate doesn’t want to hear it. He keeps buying essential oil diffuser and catnip, expecting it to magically solve the issue. I suggested once that my roommate put the cat on antidepressants, and my roommate was so offended by it, he kicked me out and gave me 1 month to find another place and leave. He said that clearly I’m not compatible with the cat, so I have to move. I didn’t sign the lease when I moved in (I know, foolish), so I found another place and I’m moving in December 12th. I have proof of every single discussion we’ve had, since we only talk through texting, due to him working night shifts so I barely see him. What makes my blood boil is that this poor cat is suffering, yet my roommate doesn’t want to do anything about it. He’s never taken the cat to the vet, he’s never even held the cat and he never pets it, since it’s always in the storage room. Tonight, I was on my way to leave the apartment, when the cat jumped out of nowhere and started attacking me. Since I’m getting used to his attacks, I always wear jeans, thick slippers and my winter coat when I’m outside my bedroom, as protection. But the cat bit my hand and wouldn’t let go. I tried to shake it off but it just kept digging his teeth in. Eventually it let go and i ran to the neighbors, screaming that I needed help. I was covered in blood and having a panic attack, so they took me to the hospital. I had to get stitches, antibiotics and I’m on sick leave until December 1rst. The cat bit so deep my muscle was exposed but luckily intact. I still can’t move my thumb or wrist because of the swelling. I have proof of all of this (pictures, screenshots). Can I sue my roommate? For what motives? Can I do something about the cat? Can I call someone to remove it from here and give it an proper shot at life?

gdvdcd0

gdv1s52

Canadian. Animal care graduate. Essential oils is toxic to cats. It damages their lungs and can cause a multitude of problems heart, blood, and brain. This cat sounds feral, needs an assessment to properly diagnosis what is up. You can report this as an animal attack for sure but in regards to a sue best to check with your police station as laws differ in each province. Report it to spca or animal humane society in Quebec. Your ex roommate is enabling not helping the poor animal.

Essential oil diffusers can be toxic to cats. Maybe the poor thing is in pain too.

k2hysc

legaladvice_train

My roommate’s cat has serious behavioral issues that I’ve tried numerous times to talk to my roommate about. He’s always denied everything and refused to hear about it, but tonight the cat attacked me so bad I ended up needing sutures and I’m on sick leave. Can I sue him and how? I’m a 20 years old female student living in Quebec, Canada. I moved in with my roommate (33,M) last July. I met him through an add that he posted when he was looking for a roommate. He seemed like a pretty decent guy, no red flags about him so I agreed to move in. He told me he has a cat that rarely comes out of the storage room and is very shy. That’s all. Turns out, the cat, Gus, is a living demon. Usually, I’m very good with animals. My mom always said I was gifted because I’ve always been able to approach, tame and comfort any animal I’ve ever met. But not this cat. Gus has some serious behavioral issues. At first, it started with him pooping and peeing everywhere in the apartment, especially on the couch. No big deal, just gotta clean it and it’s forgotten. It never came out of the storage room, to the point where my roommate had to put his food and water bowls and his litter box in the storage room. I get it, I’m an intruder in his space. I thought if I gave the cat lots of space and let it take it’s time, it would get used to my presence. It did the complete opposite. Since September, the cat waits for me to wake up and get out of my bedroom in the morning, and attacks me. It claws my legs and hisses and freaks out as soon as it sees me, and I almost never really notice it first, as it hides and waits for me to get close enough. So almost every morning, I get surprise-attacked as soon as I wake up. I told my roommate multiple times about this, and he never cared. The cat also screams bloody murder every single night, it’s so loud even the neighbors hear it (we live in an apartment building). The cat really sounds like it’s in agony, it’s really frightening. The cat shows ALL signs of anxiety disorder. I’ve tried every way of talking to my roommate about it, even offered to pay for half of the vet bill if we take it there, but my roommate doesn’t want to hear it. He keeps buying essential oil diffuser and catnip, expecting it to magically solve the issue. I suggested once that my roommate put the cat on antidepressants, and my roommate was so offended by it, he kicked me out and gave me 1 month to find another place and leave. He said that clearly I’m not compatible with the cat, so I have to move. I didn’t sign the lease when I moved in (I know, foolish), so I found another place and I’m moving in December 12th. I have proof of every single discussion we’ve had, since we only talk through texting, due to him working night shifts so I barely see him. What makes my blood boil is that this poor cat is suffering, yet my roommate doesn’t want to do anything about it. He’s never taken the cat to the vet, he’s never even held the cat and he never pets it, since it’s always in the storage room. Tonight, I was on my way to leave the apartment, when the cat jumped out of nowhere and started attacking me. Since I’m getting used to his attacks, I always wear jeans, thick slippers and my winter coat when I’m outside my bedroom, as protection. But the cat bit my hand and wouldn’t let go. I tried to shake it off but it just kept digging his teeth in. Eventually it let go and i ran to the neighbors, screaming that I needed help. I was covered in blood and having a panic attack, so they took me to the hospital. I had to get stitches, antibiotics and I’m on sick leave until December 1rst. The cat bit so deep my muscle was exposed but luckily intact. I still can’t move my thumb or wrist because of the swelling. I have proof of all of this (pictures, screenshots). Can I sue my roommate? For what motives? Can I do something about the cat? Can I call someone to remove it from here and give it an proper shot at life?

gdvdcd0

gdufw4m

Canadian. Animal care graduate. Essential oils is toxic to cats. It damages their lungs and can cause a multitude of problems heart, blood, and brain. This cat sounds feral, needs an assessment to properly diagnosis what is up. You can report this as an animal attack for sure but in regards to a sue best to check with your police station as laws differ in each province. Report it to spca or animal humane society in Quebec. Your ex roommate is enabling not helping the poor animal.

Tbh it sounds like this cat is fatal or has a severe case of anxiety and ptsd and something keeps triggering it. Yes you can sue for you medical bills and also report this to animal control. If he’s never been to the vet there is a chance they will want to quarantine the cat for rabies and they may ask you to get the shots to be on the safe side.

k2hysc

legaladvice_train

My roommate’s cat has serious behavioral issues that I’ve tried numerous times to talk to my roommate about. He’s always denied everything and refused to hear about it, but tonight the cat attacked me so bad I ended up needing sutures and I’m on sick leave. Can I sue him and how? I’m a 20 years old female student living in Quebec, Canada. I moved in with my roommate (33,M) last July. I met him through an add that he posted when he was looking for a roommate. He seemed like a pretty decent guy, no red flags about him so I agreed to move in. He told me he has a cat that rarely comes out of the storage room and is very shy. That’s all. Turns out, the cat, Gus, is a living demon. Usually, I’m very good with animals. My mom always said I was gifted because I’ve always been able to approach, tame and comfort any animal I’ve ever met. But not this cat. Gus has some serious behavioral issues. At first, it started with him pooping and peeing everywhere in the apartment, especially on the couch. No big deal, just gotta clean it and it’s forgotten. It never came out of the storage room, to the point where my roommate had to put his food and water bowls and his litter box in the storage room. I get it, I’m an intruder in his space. I thought if I gave the cat lots of space and let it take it’s time, it would get used to my presence. It did the complete opposite. Since September, the cat waits for me to wake up and get out of my bedroom in the morning, and attacks me. It claws my legs and hisses and freaks out as soon as it sees me, and I almost never really notice it first, as it hides and waits for me to get close enough. So almost every morning, I get surprise-attacked as soon as I wake up. I told my roommate multiple times about this, and he never cared. The cat also screams bloody murder every single night, it’s so loud even the neighbors hear it (we live in an apartment building). The cat really sounds like it’s in agony, it’s really frightening. The cat shows ALL signs of anxiety disorder. I’ve tried every way of talking to my roommate about it, even offered to pay for half of the vet bill if we take it there, but my roommate doesn’t want to hear it. He keeps buying essential oil diffuser and catnip, expecting it to magically solve the issue. I suggested once that my roommate put the cat on antidepressants, and my roommate was so offended by it, he kicked me out and gave me 1 month to find another place and leave. He said that clearly I’m not compatible with the cat, so I have to move. I didn’t sign the lease when I moved in (I know, foolish), so I found another place and I’m moving in December 12th. I have proof of every single discussion we’ve had, since we only talk through texting, due to him working night shifts so I barely see him. What makes my blood boil is that this poor cat is suffering, yet my roommate doesn’t want to do anything about it. He’s never taken the cat to the vet, he’s never even held the cat and he never pets it, since it’s always in the storage room. Tonight, I was on my way to leave the apartment, when the cat jumped out of nowhere and started attacking me. Since I’m getting used to his attacks, I always wear jeans, thick slippers and my winter coat when I’m outside my bedroom, as protection. But the cat bit my hand and wouldn’t let go. I tried to shake it off but it just kept digging his teeth in. Eventually it let go and i ran to the neighbors, screaming that I needed help. I was covered in blood and having a panic attack, so they took me to the hospital. I had to get stitches, antibiotics and I’m on sick leave until December 1rst. The cat bit so deep my muscle was exposed but luckily intact. I still can’t move my thumb or wrist because of the swelling. I have proof of all of this (pictures, screenshots). Can I sue my roommate? For what motives? Can I do something about the cat? Can I call someone to remove it from here and give it an proper shot at life?

gduf23b

gdvdcd0

B-3.1 Loi sur le bien être et la sécurité de l'animal. (animal protection law Québec). It could be difficult to prove negligence. But if you can, then the SPA Québec can come and take the cat. You can contact them (below) for guidance. It would put it up for adoption, and will likely get put down due to behaviour. Alternatively, if it did get away, it wouldn't survive the winter in Canada. Unfortunately, its best bet would be to stay with the allegedly neglectful owner. For the damages, I would argue that the owner is liable. http://legisquebec.gouv.qc.ca/fr/ShowDoc/cs/B-3.1 https://spadequebec.ca/denoncer-2/

Canadian. Animal care graduate. Essential oils is toxic to cats. It damages their lungs and can cause a multitude of problems heart, blood, and brain. This cat sounds feral, needs an assessment to properly diagnosis what is up. You can report this as an animal attack for sure but in regards to a sue best to check with your police station as laws differ in each province. Report it to spca or animal humane society in Quebec. Your ex roommate is enabling not helping the poor animal.

k2hysc

legaladvice_train

My roommate’s cat has serious behavioral issues that I’ve tried numerous times to talk to my roommate about. He’s always denied everything and refused to hear about it, but tonight the cat attacked me so bad I ended up needing sutures and I’m on sick leave. Can I sue him and how? I’m a 20 years old female student living in Quebec, Canada. I moved in with my roommate (33,M) last July. I met him through an add that he posted when he was looking for a roommate. He seemed like a pretty decent guy, no red flags about him so I agreed to move in. He told me he has a cat that rarely comes out of the storage room and is very shy. That’s all. Turns out, the cat, Gus, is a living demon. Usually, I’m very good with animals. My mom always said I was gifted because I’ve always been able to approach, tame and comfort any animal I’ve ever met. But not this cat. Gus has some serious behavioral issues. At first, it started with him pooping and peeing everywhere in the apartment, especially on the couch. No big deal, just gotta clean it and it’s forgotten. It never came out of the storage room, to the point where my roommate had to put his food and water bowls and his litter box in the storage room. I get it, I’m an intruder in his space. I thought if I gave the cat lots of space and let it take it’s time, it would get used to my presence. It did the complete opposite. Since September, the cat waits for me to wake up and get out of my bedroom in the morning, and attacks me. It claws my legs and hisses and freaks out as soon as it sees me, and I almost never really notice it first, as it hides and waits for me to get close enough. So almost every morning, I get surprise-attacked as soon as I wake up. I told my roommate multiple times about this, and he never cared. The cat also screams bloody murder every single night, it’s so loud even the neighbors hear it (we live in an apartment building). The cat really sounds like it’s in agony, it’s really frightening. The cat shows ALL signs of anxiety disorder. I’ve tried every way of talking to my roommate about it, even offered to pay for half of the vet bill if we take it there, but my roommate doesn’t want to hear it. He keeps buying essential oil diffuser and catnip, expecting it to magically solve the issue. I suggested once that my roommate put the cat on antidepressants, and my roommate was so offended by it, he kicked me out and gave me 1 month to find another place and leave. He said that clearly I’m not compatible with the cat, so I have to move. I didn’t sign the lease when I moved in (I know, foolish), so I found another place and I’m moving in December 12th. I have proof of every single discussion we’ve had, since we only talk through texting, due to him working night shifts so I barely see him. What makes my blood boil is that this poor cat is suffering, yet my roommate doesn’t want to do anything about it. He’s never taken the cat to the vet, he’s never even held the cat and he never pets it, since it’s always in the storage room. Tonight, I was on my way to leave the apartment, when the cat jumped out of nowhere and started attacking me. Since I’m getting used to his attacks, I always wear jeans, thick slippers and my winter coat when I’m outside my bedroom, as protection. But the cat bit my hand and wouldn’t let go. I tried to shake it off but it just kept digging his teeth in. Eventually it let go and i ran to the neighbors, screaming that I needed help. I was covered in blood and having a panic attack, so they took me to the hospital. I had to get stitches, antibiotics and I’m on sick leave until December 1rst. The cat bit so deep my muscle was exposed but luckily intact. I still can’t move my thumb or wrist because of the swelling. I have proof of all of this (pictures, screenshots). Can I sue my roommate? For what motives? Can I do something about the cat? Can I call someone to remove it from here and give it an proper shot at life?

gdv1s52

gdufw4m

Essential oil diffusers can be toxic to cats. Maybe the poor thing is in pain too.

Tbh it sounds like this cat is fatal or has a severe case of anxiety and ptsd and something keeps triggering it. Yes you can sue for you medical bills and also report this to animal control. If he’s never been to the vet there is a chance they will want to quarantine the cat for rabies and they may ask you to get the shots to be on the safe side.

k2hysc

legaladvice_train

My roommate’s cat has serious behavioral issues that I’ve tried numerous times to talk to my roommate about. He’s always denied everything and refused to hear about it, but tonight the cat attacked me so bad I ended up needing sutures and I’m on sick leave. Can I sue him and how? I’m a 20 years old female student living in Quebec, Canada. I moved in with my roommate (33,M) last July. I met him through an add that he posted when he was looking for a roommate. He seemed like a pretty decent guy, no red flags about him so I agreed to move in. He told me he has a cat that rarely comes out of the storage room and is very shy. That’s all. Turns out, the cat, Gus, is a living demon. Usually, I’m very good with animals. My mom always said I was gifted because I’ve always been able to approach, tame and comfort any animal I’ve ever met. But not this cat. Gus has some serious behavioral issues. At first, it started with him pooping and peeing everywhere in the apartment, especially on the couch. No big deal, just gotta clean it and it’s forgotten. It never came out of the storage room, to the point where my roommate had to put his food and water bowls and his litter box in the storage room. I get it, I’m an intruder in his space. I thought if I gave the cat lots of space and let it take it’s time, it would get used to my presence. It did the complete opposite. Since September, the cat waits for me to wake up and get out of my bedroom in the morning, and attacks me. It claws my legs and hisses and freaks out as soon as it sees me, and I almost never really notice it first, as it hides and waits for me to get close enough. So almost every morning, I get surprise-attacked as soon as I wake up. I told my roommate multiple times about this, and he never cared. The cat also screams bloody murder every single night, it’s so loud even the neighbors hear it (we live in an apartment building). The cat really sounds like it’s in agony, it’s really frightening. The cat shows ALL signs of anxiety disorder. I’ve tried every way of talking to my roommate about it, even offered to pay for half of the vet bill if we take it there, but my roommate doesn’t want to hear it. He keeps buying essential oil diffuser and catnip, expecting it to magically solve the issue. I suggested once that my roommate put the cat on antidepressants, and my roommate was so offended by it, he kicked me out and gave me 1 month to find another place and leave. He said that clearly I’m not compatible with the cat, so I have to move. I didn’t sign the lease when I moved in (I know, foolish), so I found another place and I’m moving in December 12th. I have proof of every single discussion we’ve had, since we only talk through texting, due to him working night shifts so I barely see him. What makes my blood boil is that this poor cat is suffering, yet my roommate doesn’t want to do anything about it. He’s never taken the cat to the vet, he’s never even held the cat and he never pets it, since it’s always in the storage room. Tonight, I was on my way to leave the apartment, when the cat jumped out of nowhere and started attacking me. Since I’m getting used to his attacks, I always wear jeans, thick slippers and my winter coat when I’m outside my bedroom, as protection. But the cat bit my hand and wouldn’t let go. I tried to shake it off but it just kept digging his teeth in. Eventually it let go and i ran to the neighbors, screaming that I needed help. I was covered in blood and having a panic attack, so they took me to the hospital. I had to get stitches, antibiotics and I’m on sick leave until December 1rst. The cat bit so deep my muscle was exposed but luckily intact. I still can’t move my thumb or wrist because of the swelling. I have proof of all of this (pictures, screenshots). Can I sue my roommate? For what motives? Can I do something about the cat? Can I call someone to remove it from here and give it an proper shot at life?

gduf23b

gdv1s52

B-3.1 Loi sur le bien être et la sécurité de l'animal. (animal protection law Québec). It could be difficult to prove negligence. But if you can, then the SPA Québec can come and take the cat. You can contact them (below) for guidance. It would put it up for adoption, and will likely get put down due to behaviour. Alternatively, if it did get away, it wouldn't survive the winter in Canada. Unfortunately, its best bet would be to stay with the allegedly neglectful owner. For the damages, I would argue that the owner is liable. http://legisquebec.gouv.qc.ca/fr/ShowDoc/cs/B-3.1 https://spadequebec.ca/denoncer-2/

Essential oil diffusers can be toxic to cats. Maybe the poor thing is in pain too.

k2hysc

legaladvice_train

My roommate’s cat has serious behavioral issues that I’ve tried numerous times to talk to my roommate about. He’s always denied everything and refused to hear about it, but tonight the cat attacked me so bad I ended up needing sutures and I’m on sick leave. Can I sue him and how? I’m a 20 years old female student living in Quebec, Canada. I moved in with my roommate (33,M) last July. I met him through an add that he posted when he was looking for a roommate. He seemed like a pretty decent guy, no red flags about him so I agreed to move in. He told me he has a cat that rarely comes out of the storage room and is very shy. That’s all. Turns out, the cat, Gus, is a living demon. Usually, I’m very good with animals. My mom always said I was gifted because I’ve always been able to approach, tame and comfort any animal I’ve ever met. But not this cat. Gus has some serious behavioral issues. At first, it started with him pooping and peeing everywhere in the apartment, especially on the couch. No big deal, just gotta clean it and it’s forgotten. It never came out of the storage room, to the point where my roommate had to put his food and water bowls and his litter box in the storage room. I get it, I’m an intruder in his space. I thought if I gave the cat lots of space and let it take it’s time, it would get used to my presence. It did the complete opposite. Since September, the cat waits for me to wake up and get out of my bedroom in the morning, and attacks me. It claws my legs and hisses and freaks out as soon as it sees me, and I almost never really notice it first, as it hides and waits for me to get close enough. So almost every morning, I get surprise-attacked as soon as I wake up. I told my roommate multiple times about this, and he never cared. The cat also screams bloody murder every single night, it’s so loud even the neighbors hear it (we live in an apartment building). The cat really sounds like it’s in agony, it’s really frightening. The cat shows ALL signs of anxiety disorder. I’ve tried every way of talking to my roommate about it, even offered to pay for half of the vet bill if we take it there, but my roommate doesn’t want to hear it. He keeps buying essential oil diffuser and catnip, expecting it to magically solve the issue. I suggested once that my roommate put the cat on antidepressants, and my roommate was so offended by it, he kicked me out and gave me 1 month to find another place and leave. He said that clearly I’m not compatible with the cat, so I have to move. I didn’t sign the lease when I moved in (I know, foolish), so I found another place and I’m moving in December 12th. I have proof of every single discussion we’ve had, since we only talk through texting, due to him working night shifts so I barely see him. What makes my blood boil is that this poor cat is suffering, yet my roommate doesn’t want to do anything about it. He’s never taken the cat to the vet, he’s never even held the cat and he never pets it, since it’s always in the storage room. Tonight, I was on my way to leave the apartment, when the cat jumped out of nowhere and started attacking me. Since I’m getting used to his attacks, I always wear jeans, thick slippers and my winter coat when I’m outside my bedroom, as protection. But the cat bit my hand and wouldn’t let go. I tried to shake it off but it just kept digging his teeth in. Eventually it let go and i ran to the neighbors, screaming that I needed help. I was covered in blood and having a panic attack, so they took me to the hospital. I had to get stitches, antibiotics and I’m on sick leave until December 1rst. The cat bit so deep my muscle was exposed but luckily intact. I still can’t move my thumb or wrist because of the swelling. I have proof of all of this (pictures, screenshots). Can I sue my roommate? For what motives? Can I do something about the cat? Can I call someone to remove it from here and give it an proper shot at life?

gduf23b

gdufw4m

B-3.1 Loi sur le bien être et la sécurité de l'animal. (animal protection law Québec). It could be difficult to prove negligence. But if you can, then the SPA Québec can come and take the cat. You can contact them (below) for guidance. It would put it up for adoption, and will likely get put down due to behaviour. Alternatively, if it did get away, it wouldn't survive the winter in Canada. Unfortunately, its best bet would be to stay with the allegedly neglectful owner. For the damages, I would argue that the owner is liable. http://legisquebec.gouv.qc.ca/fr/ShowDoc/cs/B-3.1 https://spadequebec.ca/denoncer-2/

Tbh it sounds like this cat is fatal or has a severe case of anxiety and ptsd and something keeps triggering it. Yes you can sue for you medical bills and also report this to animal control. If he’s never been to the vet there is a chance they will want to quarantine the cat for rabies and they may ask you to get the shots to be on the safe side.

r5qyld

legaladvice_train

Parents withholding (possibly destroying) all legal documents. How do we go about getting new ones? My boyfriend is not on good terms with his family AT ALL. They've recently completely cut him off so he has no access to any of his legal documents including his birth certificate, passport, and social security card. Right now the only form of ID he has is his drivers license which expired 2 years ago. How would we go about getting new documentation for him? We live in Texas and his parents are in California so we really don't have any way of recovering them especially if they've been discarded/destroyed. Is it even possible to get new documents with just his expired license or are we screwed?

hmogodh

hmofcj7

How old is your boyfriend? And where was he born? I would start here if he was born in California to get a birth certificate. Then I’d go here to get a replacement SS card. Then go here to report the passport lost/stolen. You can follow directions there to replace the passport.

Where was he born? Does he have a school/ college ID?

y51xab

legaladvice_train

Is it legal for my mom to take all my money? F19 disabled, TEXAS hello, ill keep this short but give as much info as i can. I am disabled, i have high functioning autism, although i can not work due to childhood abuse (amplifying my two other reasons) + no social skills + cant function with strangers. i make $631 a month from social security i make 461 from social security retirement (my father) and 170 (social security disability) My mother is my payee. She always has been, she charges me rent, thats reasonable as i am an adult. But she charges me $624 in rent + bills. Knowing im left with $7. I'm struggling to survive and am at a loss of what to do. She could care less. It was a "oh well too bad you're an adult" when i tried to beg her to lower my rent and have mercy on me. Is this legal? If so is there anything i can do on social securities end? I can't live this way. I have called and they informed me they put in a request for me but nothing ever happened from then on. I live off food stamps as well, thats the only thing i can say keeps me afloat, but i go hungry 7-10 days waiting for my next amount. If i had adequate social security benefits i wouldn't starve or live in fear. Any advice or help is appreciated.

isholpr

ish8m22

Not a lawyer and not in Texas, but I work at an agency that serves adults with disabilities. OP, this is considered financial abuse. What your mom is doing is not allowed. Anyone that you interact with as disability support for you is a mandated reporter. So if you have a case manager, any in-home therapies, a day program, a doctor you trust, etc. you can talk to any of those people. Tell them that your mother is financially abusing you and gives you only $7 a month, that you don’t have enough to eat as a result, and that you need help. They can help you get a case started with Adult Protective Services, and this is what APS is for.

Does she have legal guardianship of you?

y51xab

legaladvice_train

Is it legal for my mom to take all my money? F19 disabled, TEXAS hello, ill keep this short but give as much info as i can. I am disabled, i have high functioning autism, although i can not work due to childhood abuse (amplifying my two other reasons) + no social skills + cant function with strangers. i make $631 a month from social security i make 461 from social security retirement (my father) and 170 (social security disability) My mother is my payee. She always has been, she charges me rent, thats reasonable as i am an adult. But she charges me $624 in rent + bills. Knowing im left with $7. I'm struggling to survive and am at a loss of what to do. She could care less. It was a "oh well too bad you're an adult" when i tried to beg her to lower my rent and have mercy on me. Is this legal? If so is there anything i can do on social securities end? I can't live this way. I have called and they informed me they put in a request for me but nothing ever happened from then on. I live off food stamps as well, thats the only thing i can say keeps me afloat, but i go hungry 7-10 days waiting for my next amount. If i had adequate social security benefits i wouldn't starve or live in fear. Any advice or help is appreciated.

isholpr

ishfdl7

Not a lawyer and not in Texas, but I work at an agency that serves adults with disabilities. OP, this is considered financial abuse. What your mom is doing is not allowed. Anyone that you interact with as disability support for you is a mandated reporter. So if you have a case manager, any in-home therapies, a day program, a doctor you trust, etc. you can talk to any of those people. Tell them that your mother is financially abusing you and gives you only $7 a month, that you don’t have enough to eat as a result, and that you need help. They can help you get a case started with Adult Protective Services, and this is what APS is for.

Are you sure she does not have guardianship? The benefits you listed are uncommon for a 19-year-old to receive and if you didn't apply, someone did for you. If you were a disabled child her legal obligation to support you continues indefinitely. If she is your abuser she is not going to let you save up and move out. $1100/month is not a lot and it's going to be your income for a while. Working could jeopardize your social security. You shouldn't try to work until you understand how that will effect your income. I'd recommend contacting Disability Rights Texas. https://www.disabilityrightstx.org/en/home/ There are also legal aid organizations in your area that can confirm whether she has legal guardianship. If she does that is something you must challenge before you cam be independent.

y51xab

legaladvice_train

Is it legal for my mom to take all my money? F19 disabled, TEXAS hello, ill keep this short but give as much info as i can. I am disabled, i have high functioning autism, although i can not work due to childhood abuse (amplifying my two other reasons) + no social skills + cant function with strangers. i make $631 a month from social security i make 461 from social security retirement (my father) and 170 (social security disability) My mother is my payee. She always has been, she charges me rent, thats reasonable as i am an adult. But she charges me $624 in rent + bills. Knowing im left with $7. I'm struggling to survive and am at a loss of what to do. She could care less. It was a "oh well too bad you're an adult" when i tried to beg her to lower my rent and have mercy on me. Is this legal? If so is there anything i can do on social securities end? I can't live this way. I have called and they informed me they put in a request for me but nothing ever happened from then on. I live off food stamps as well, thats the only thing i can say keeps me afloat, but i go hungry 7-10 days waiting for my next amount. If i had adequate social security benefits i wouldn't starve or live in fear. Any advice or help is appreciated.

isi7kjb

isjrcz4

Does your husband help??

I'm going to disagree with everyone who says that this is ipso facto financial abuse. OP gets room, board, and utilities (also clothing and other supplies?) for $624 per month, which seems quite reasonable. u/Napalmenator and a few others make the correct point that OP is perfectly free to change the payee and find a different living situation. ·

y51xab

legaladvice_train

Is it legal for my mom to take all my money? F19 disabled, TEXAS hello, ill keep this short but give as much info as i can. I am disabled, i have high functioning autism, although i can not work due to childhood abuse (amplifying my two other reasons) + no social skills + cant function with strangers. i make $631 a month from social security i make 461 from social security retirement (my father) and 170 (social security disability) My mother is my payee. She always has been, she charges me rent, thats reasonable as i am an adult. But she charges me $624 in rent + bills. Knowing im left with $7. I'm struggling to survive and am at a loss of what to do. She could care less. It was a "oh well too bad you're an adult" when i tried to beg her to lower my rent and have mercy on me. Is this legal? If so is there anything i can do on social securities end? I can't live this way. I have called and they informed me they put in a request for me but nothing ever happened from then on. I live off food stamps as well, thats the only thing i can say keeps me afloat, but i go hungry 7-10 days waiting for my next amount. If i had adequate social security benefits i wouldn't starve or live in fear. Any advice or help is appreciated.

isji576

isjrcz4

People are saying to contact APS but I also think you should contact your local developmental disability services agency. In my state, each county has a board of DD. It may be different in Texas, but you should be able to get help from them specific to your autism diagnosis. I did a Google search and this is what I found (https://tcdd.texas.gov/). I would encourage you to contact them. APS may refer you to them, but often times agencies don't communicate with each other and they might not even know to do that. You can get ongoing support from them and it may greatly improve the quality of your life. I want to encourage you by saying that you don't have to live this way. You can get help to find another SSI payee, and people who can help you live your day to day life. It just may take a while. Just reach out to them. In the meantime, have you looked into local food pantries? Often times they can even deliver if you can't get there. I wish you the best and hope you don't have to deal with this much longer. ❤️

I'm going to disagree with everyone who says that this is ipso facto financial abuse. OP gets room, board, and utilities (also clothing and other supplies?) for $624 per month, which seems quite reasonable. u/Napalmenator and a few others make the correct point that OP is perfectly free to change the payee and find a different living situation. ·

y51xab

legaladvice_train

Is it legal for my mom to take all my money? F19 disabled, TEXAS hello, ill keep this short but give as much info as i can. I am disabled, i have high functioning autism, although i can not work due to childhood abuse (amplifying my two other reasons) + no social skills + cant function with strangers. i make $631 a month from social security i make 461 from social security retirement (my father) and 170 (social security disability) My mother is my payee. She always has been, she charges me rent, thats reasonable as i am an adult. But she charges me $624 in rent + bills. Knowing im left with $7. I'm struggling to survive and am at a loss of what to do. She could care less. It was a "oh well too bad you're an adult" when i tried to beg her to lower my rent and have mercy on me. Is this legal? If so is there anything i can do on social securities end? I can't live this way. I have called and they informed me they put in a request for me but nothing ever happened from then on. I live off food stamps as well, thats the only thing i can say keeps me afloat, but i go hungry 7-10 days waiting for my next amount. If i had adequate social security benefits i wouldn't starve or live in fear. Any advice or help is appreciated.

isjm4nh

isjrcz4

No it is not legal. Not a lawyer, ,but a disability rights advocate in NC. You are going to need help. Try the organisation below, and the links at the bottom of the page. Disability Rights Texas My wife is the co-payee on my son's ssi account. You having no say is not how it supposed to work, but social security is a very slow organisation. Also University Texas has a disability rights law clinic. This would be free to you. What is happening to you a blatant attempt to both financially exploit you, and to exclude you from your community. I can understand about the fear of new situations and people (my son is an adult with autism) but you have people who want you to be in control of your life. Reach out. Good luck

I'm going to disagree with everyone who says that this is ipso facto financial abuse. OP gets room, board, and utilities (also clothing and other supplies?) for $624 per month, which seems quite reasonable. u/Napalmenator and a few others make the correct point that OP is perfectly free to change the payee and find a different living situation. ·

y51xab

legaladvice_train

Is it legal for my mom to take all my money? F19 disabled, TEXAS hello, ill keep this short but give as much info as i can. I am disabled, i have high functioning autism, although i can not work due to childhood abuse (amplifying my two other reasons) + no social skills + cant function with strangers. i make $631 a month from social security i make 461 from social security retirement (my father) and 170 (social security disability) My mother is my payee. She always has been, she charges me rent, thats reasonable as i am an adult. But she charges me $624 in rent + bills. Knowing im left with $7. I'm struggling to survive and am at a loss of what to do. She could care less. It was a "oh well too bad you're an adult" when i tried to beg her to lower my rent and have mercy on me. Is this legal? If so is there anything i can do on social securities end? I can't live this way. I have called and they informed me they put in a request for me but nothing ever happened from then on. I live off food stamps as well, thats the only thing i can say keeps me afloat, but i go hungry 7-10 days waiting for my next amount. If i had adequate social security benefits i wouldn't starve or live in fear. Any advice or help is appreciated.

isj14l9

isjrcz4

You day there is no conservatorship or guardianship in place over you, and you are an independent adult... so this is pressure, abuse and bullying, not a legal arrangement. You can change your payee. If you are having trouble, give a call to Adult Protective Services. They will be able to advise you and probably provide practical help

I'm going to disagree with everyone who says that this is ipso facto financial abuse. OP gets room, board, and utilities (also clothing and other supplies?) for $624 per month, which seems quite reasonable. u/Napalmenator and a few others make the correct point that OP is perfectly free to change the payee and find a different living situation. ·

y51xab

legaladvice_train

Is it legal for my mom to take all my money? F19 disabled, TEXAS hello, ill keep this short but give as much info as i can. I am disabled, i have high functioning autism, although i can not work due to childhood abuse (amplifying my two other reasons) + no social skills + cant function with strangers. i make $631 a month from social security i make 461 from social security retirement (my father) and 170 (social security disability) My mother is my payee. She always has been, she charges me rent, thats reasonable as i am an adult. But she charges me $624 in rent + bills. Knowing im left with $7. I'm struggling to survive and am at a loss of what to do. She could care less. It was a "oh well too bad you're an adult" when i tried to beg her to lower my rent and have mercy on me. Is this legal? If so is there anything i can do on social securities end? I can't live this way. I have called and they informed me they put in a request for me but nothing ever happened from then on. I live off food stamps as well, thats the only thing i can say keeps me afloat, but i go hungry 7-10 days waiting for my next amount. If i had adequate social security benefits i wouldn't starve or live in fear. Any advice or help is appreciated.

isjrcz4

isjj2e0

I'm going to disagree with everyone who says that this is ipso facto financial abuse. OP gets room, board, and utilities (also clothing and other supplies?) for $624 per month, which seems quite reasonable. u/Napalmenator and a few others make the correct point that OP is perfectly free to change the payee and find a different living situation. ·

You need to get a hold of social security and tell them you need your money sent to you and deposited in your own account. Once you have a hold of your money you can apply for affordable housing. It's usually called section 8 housing but it's rent based on your income. The waiting list is usually 6-8 months long, so apply now, while you're waiting for housing you can deal with social security. You're an adult, it sounds like you can make decisions by yourself, have you ever signed a paper stating your mother was your guardian? If not you are entitled to all your money and you should be getting it, not her

y51xab

legaladvice_train

Is it legal for my mom to take all my money? F19 disabled, TEXAS hello, ill keep this short but give as much info as i can. I am disabled, i have high functioning autism, although i can not work due to childhood abuse (amplifying my two other reasons) + no social skills + cant function with strangers. i make $631 a month from social security i make 461 from social security retirement (my father) and 170 (social security disability) My mother is my payee. She always has been, she charges me rent, thats reasonable as i am an adult. But she charges me $624 in rent + bills. Knowing im left with $7. I'm struggling to survive and am at a loss of what to do. She could care less. It was a "oh well too bad you're an adult" when i tried to beg her to lower my rent and have mercy on me. Is this legal? If so is there anything i can do on social securities end? I can't live this way. I have called and they informed me they put in a request for me but nothing ever happened from then on. I live off food stamps as well, thats the only thing i can say keeps me afloat, but i go hungry 7-10 days waiting for my next amount. If i had adequate social security benefits i wouldn't starve or live in fear. Any advice or help is appreciated.

isjm4nh

isji576

No it is not legal. Not a lawyer, ,but a disability rights advocate in NC. You are going to need help. Try the organisation below, and the links at the bottom of the page. Disability Rights Texas My wife is the co-payee on my son's ssi account. You having no say is not how it supposed to work, but social security is a very slow organisation. Also University Texas has a disability rights law clinic. This would be free to you. What is happening to you a blatant attempt to both financially exploit you, and to exclude you from your community. I can understand about the fear of new situations and people (my son is an adult with autism) but you have people who want you to be in control of your life. Reach out. Good luck

People are saying to contact APS but I also think you should contact your local developmental disability services agency. In my state, each county has a board of DD. It may be different in Texas, but you should be able to get help from them specific to your autism diagnosis. I did a Google search and this is what I found (https://tcdd.texas.gov/). I would encourage you to contact them. APS may refer you to them, but often times agencies don't communicate with each other and they might not even know to do that. You can get ongoing support from them and it may greatly improve the quality of your life. I want to encourage you by saying that you don't have to live this way. You can get help to find another SSI payee, and people who can help you live your day to day life. It just may take a while. Just reach out to them. In the meantime, have you looked into local food pantries? Often times they can even deliver if you can't get there. I wish you the best and hope you don't have to deal with this much longer. ❤️

y51xab

legaladvice_train

Is it legal for my mom to take all my money? F19 disabled, TEXAS hello, ill keep this short but give as much info as i can. I am disabled, i have high functioning autism, although i can not work due to childhood abuse (amplifying my two other reasons) + no social skills + cant function with strangers. i make $631 a month from social security i make 461 from social security retirement (my father) and 170 (social security disability) My mother is my payee. She always has been, she charges me rent, thats reasonable as i am an adult. But she charges me $624 in rent + bills. Knowing im left with $7. I'm struggling to survive and am at a loss of what to do. She could care less. It was a "oh well too bad you're an adult" when i tried to beg her to lower my rent and have mercy on me. Is this legal? If so is there anything i can do on social securities end? I can't live this way. I have called and they informed me they put in a request for me but nothing ever happened from then on. I live off food stamps as well, thats the only thing i can say keeps me afloat, but i go hungry 7-10 days waiting for my next amount. If i had adequate social security benefits i wouldn't starve or live in fear. Any advice or help is appreciated.

isji576

isj14l9

People are saying to contact APS but I also think you should contact your local developmental disability services agency. In my state, each county has a board of DD. It may be different in Texas, but you should be able to get help from them specific to your autism diagnosis. I did a Google search and this is what I found (https://tcdd.texas.gov/). I would encourage you to contact them. APS may refer you to them, but often times agencies don't communicate with each other and they might not even know to do that. You can get ongoing support from them and it may greatly improve the quality of your life. I want to encourage you by saying that you don't have to live this way. You can get help to find another SSI payee, and people who can help you live your day to day life. It just may take a while. Just reach out to them. In the meantime, have you looked into local food pantries? Often times they can even deliver if you can't get there. I wish you the best and hope you don't have to deal with this much longer. ❤️

You day there is no conservatorship or guardianship in place over you, and you are an independent adult... so this is pressure, abuse and bullying, not a legal arrangement. You can change your payee. If you are having trouble, give a call to Adult Protective Services. They will be able to advise you and probably provide practical help

y51xab

legaladvice_train

Is it legal for my mom to take all my money? F19 disabled, TEXAS hello, ill keep this short but give as much info as i can. I am disabled, i have high functioning autism, although i can not work due to childhood abuse (amplifying my two other reasons) + no social skills + cant function with strangers. i make $631 a month from social security i make 461 from social security retirement (my father) and 170 (social security disability) My mother is my payee. She always has been, she charges me rent, thats reasonable as i am an adult. But she charges me $624 in rent + bills. Knowing im left with $7. I'm struggling to survive and am at a loss of what to do. She could care less. It was a "oh well too bad you're an adult" when i tried to beg her to lower my rent and have mercy on me. Is this legal? If so is there anything i can do on social securities end? I can't live this way. I have called and they informed me they put in a request for me but nothing ever happened from then on. I live off food stamps as well, thats the only thing i can say keeps me afloat, but i go hungry 7-10 days waiting for my next amount. If i had adequate social security benefits i wouldn't starve or live in fear. Any advice or help is appreciated.

isj14l9

isjm4nh

You day there is no conservatorship or guardianship in place over you, and you are an independent adult... so this is pressure, abuse and bullying, not a legal arrangement. You can change your payee. If you are having trouble, give a call to Adult Protective Services. They will be able to advise you and probably provide practical help

No it is not legal. Not a lawyer, ,but a disability rights advocate in NC. You are going to need help. Try the organisation below, and the links at the bottom of the page. Disability Rights Texas My wife is the co-payee on my son's ssi account. You having no say is not how it supposed to work, but social security is a very slow organisation. Also University Texas has a disability rights law clinic. This would be free to you. What is happening to you a blatant attempt to both financially exploit you, and to exclude you from your community. I can understand about the fear of new situations and people (my son is an adult with autism) but you have people who want you to be in control of your life. Reach out. Good luck

y51xab

legaladvice_train

Is it legal for my mom to take all my money? F19 disabled, TEXAS hello, ill keep this short but give as much info as i can. I am disabled, i have high functioning autism, although i can not work due to childhood abuse (amplifying my two other reasons) + no social skills + cant function with strangers. i make $631 a month from social security i make 461 from social security retirement (my father) and 170 (social security disability) My mother is my payee. She always has been, she charges me rent, thats reasonable as i am an adult. But she charges me $624 in rent + bills. Knowing im left with $7. I'm struggling to survive and am at a loss of what to do. She could care less. It was a "oh well too bad you're an adult" when i tried to beg her to lower my rent and have mercy on me. Is this legal? If so is there anything i can do on social securities end? I can't live this way. I have called and they informed me they put in a request for me but nothing ever happened from then on. I live off food stamps as well, thats the only thing i can say keeps me afloat, but i go hungry 7-10 days waiting for my next amount. If i had adequate social security benefits i wouldn't starve or live in fear. Any advice or help is appreciated.

isjj2e0

isjm4nh

You need to get a hold of social security and tell them you need your money sent to you and deposited in your own account. Once you have a hold of your money you can apply for affordable housing. It's usually called section 8 housing but it's rent based on your income. The waiting list is usually 6-8 months long, so apply now, while you're waiting for housing you can deal with social security. You're an adult, it sounds like you can make decisions by yourself, have you ever signed a paper stating your mother was your guardian? If not you are entitled to all your money and you should be getting it, not her

No it is not legal. Not a lawyer, ,but a disability rights advocate in NC. You are going to need help. Try the organisation below, and the links at the bottom of the page. Disability Rights Texas My wife is the co-payee on my son's ssi account. You having no say is not how it supposed to work, but social security is a very slow organisation. Also University Texas has a disability rights law clinic. This would be free to you. What is happening to you a blatant attempt to both financially exploit you, and to exclude you from your community. I can understand about the fear of new situations and people (my son is an adult with autism) but you have people who want you to be in control of your life. Reach out. Good luck

y51xab

legaladvice_train

Is it legal for my mom to take all my money? F19 disabled, TEXAS hello, ill keep this short but give as much info as i can. I am disabled, i have high functioning autism, although i can not work due to childhood abuse (amplifying my two other reasons) + no social skills + cant function with strangers. i make $631 a month from social security i make 461 from social security retirement (my father) and 170 (social security disability) My mother is my payee. She always has been, she charges me rent, thats reasonable as i am an adult. But she charges me $624 in rent + bills. Knowing im left with $7. I'm struggling to survive and am at a loss of what to do. She could care less. It was a "oh well too bad you're an adult" when i tried to beg her to lower my rent and have mercy on me. Is this legal? If so is there anything i can do on social securities end? I can't live this way. I have called and they informed me they put in a request for me but nothing ever happened from then on. I live off food stamps as well, thats the only thing i can say keeps me afloat, but i go hungry 7-10 days waiting for my next amount. If i had adequate social security benefits i wouldn't starve or live in fear. Any advice or help is appreciated.

isjj2e0

isjtw55

You need to get a hold of social security and tell them you need your money sent to you and deposited in your own account. Once you have a hold of your money you can apply for affordable housing. It's usually called section 8 housing but it's rent based on your income. The waiting list is usually 6-8 months long, so apply now, while you're waiting for housing you can deal with social security. You're an adult, it sounds like you can make decisions by yourself, have you ever signed a paper stating your mother was your guardian? If not you are entitled to all your money and you should be getting it, not her

625 a month for rent plus bills is low. Not from Texas but here in this part of Florida a cheap one bedroom is going for 1000 and that doesn't include bills. You must accept that you are in one of the lowest classes of income in this country. Those making low income can apply for housing assistance but the areas where you can get in are usually highly unfavorable with higher violents crimes and drug use. Sad reality is that it is almost impossible to advance with just a social security check. It is a meant to help with finances not cover all your needs. IMO I would focus on ways to make my own money and save up. Try working with state programs that can help you find work that can accommodate your needs as well. Here in Florida you have to prove you can manage your own finances before being your own payee and working and managing your earned income is a good way to show that.

y51xab

legaladvice_train

Is it legal for my mom to take all my money? F19 disabled, TEXAS hello, ill keep this short but give as much info as i can. I am disabled, i have high functioning autism, although i can not work due to childhood abuse (amplifying my two other reasons) + no social skills + cant function with strangers. i make $631 a month from social security i make 461 from social security retirement (my father) and 170 (social security disability) My mother is my payee. She always has been, she charges me rent, thats reasonable as i am an adult. But she charges me $624 in rent + bills. Knowing im left with $7. I'm struggling to survive and am at a loss of what to do. She could care less. It was a "oh well too bad you're an adult" when i tried to beg her to lower my rent and have mercy on me. Is this legal? If so is there anything i can do on social securities end? I can't live this way. I have called and they informed me they put in a request for me but nothing ever happened from then on. I live off food stamps as well, thats the only thing i can say keeps me afloat, but i go hungry 7-10 days waiting for my next amount. If i had adequate social security benefits i wouldn't starve or live in fear. Any advice or help is appreciated.

isjv2qu

isjj2e0

To all the people saying the OP is being abused, what's gonna happen if she gets the payee switched and no longer pays rent? She gets thrown out.....it is not against the law to charge a disabled adult rent....

You need to get a hold of social security and tell them you need your money sent to you and deposited in your own account. Once you have a hold of your money you can apply for affordable housing. It's usually called section 8 housing but it's rent based on your income. The waiting list is usually 6-8 months long, so apply now, while you're waiting for housing you can deal with social security. You're an adult, it sounds like you can make decisions by yourself, have you ever signed a paper stating your mother was your guardian? If not you are entitled to all your money and you should be getting it, not her

a82wts

legaladvice_train

Mom is withholding important documents for me (my ss card, green card, etc) Location: Wisconsin USA My mom and I got into an argument on thanksgiving, took my car, cut me off the phone plan etc. A week later she had convinced me to have lunch with her, where she asked if I could give her my ss card, green card, passport because she wanted to file for my citizenship. I know it sounds dumb but I agreed. Turns out my permanent residence card expires next year, and filing for citizenship would take about a year. Plus I’m only 19, and I’m broke af and I figured I would trust her to cover it. She also agreed to give me my car back. Anyways, we got into a another fight. She went back on her agreement of giving me my car back (which just fucks me over because I moved out of the city to live in a rural area. Now I can’t really get a job without being able to transport myself). I asked her to give me back my documents and she keeps ignoring me and when she finally replied she said no. What do I do?

ec7jdbu

ec7j5bt

Go to apartment. Contact police. Tell them you want a civil standby while you retrieve your property. Whose name is the car in?

Can you get your documents back without her knowledge?

a82wts

legaladvice_train

Mom is withholding important documents for me (my ss card, green card, etc) Location: Wisconsin USA My mom and I got into an argument on thanksgiving, took my car, cut me off the phone plan etc. A week later she had convinced me to have lunch with her, where she asked if I could give her my ss card, green card, passport because she wanted to file for my citizenship. I know it sounds dumb but I agreed. Turns out my permanent residence card expires next year, and filing for citizenship would take about a year. Plus I’m only 19, and I’m broke af and I figured I would trust her to cover it. She also agreed to give me my car back. Anyways, we got into a another fight. She went back on her agreement of giving me my car back (which just fucks me over because I moved out of the city to live in a rural area. Now I can’t really get a job without being able to transport myself). I asked her to give me back my documents and she keeps ignoring me and when she finally replied she said no. What do I do?

ec7j5bt

ec7yyo3

Can you get your documents back without her knowledge?

Can you report the green card and passport as stolen and take the police report to get new ones?

by9qx0

legaladvice_train

My mom and I were hit by a motorcycle on the freeway a year ago (CA). The motorcyclist was deemed at fault, but his lawyer just requested a list of my mom's assets. We can't afford a lawyer and have never dealt with this before. So a year ago, my mom and I were hit by a motorcycle who was lane splitting and going twice the speed of everyone else on the freeway as we were merging lanes, blinker on and all. We didn't see or hear him until it was too late and he had hit us, and another car. He seemed fine, as he had dismissed the ambulance when it first arrived, except he had called it back minutes later when, who I think was his girlfriend, arrived and spoke with him. He called back the medics, they put a neck brace on him and placed him on a stretcher, and he took selfies as he was loaded on to the ambulance. This was all noted in the police report, which also states that the motorcyclist is at fault, and we thought everything was settled until a few days ago. My mom's insurance company called her and told her that the motorcyclist's lawyer is asking for a list of my mom's assets. She said that even though the motorcyclist was 99% at fault, because my mom's car was moving she is considered 1% at fault. And because the insurance company only paid for 95% of the man's medical bill, he's seeking out the rest of the money. My mom complied and sent the information to the insurance company, but my mom and I aren't well-off. It's just us two, and we can't afford a lawyer. What little money my mom has saved is to pay for other issues we have going on, and the only asset she has besides that money is the house we live in. We're terrified he's going to try and take the house from us. Should we be worried?

eqez7np

eqf0ucb

It sounds like your insurance is handling this. This is why you pay for insurance. You don't need to hire your own lawyer unless the claim exceeds your liability limit, which I doubt her 1% responsibility of his remaining 5% bills will exceed. But yeah. Just let your insurance cover this. That's why you pay for insurance, so you don't have to worry about this stuff.

Unless your insurance has already paid out the policy limits they have to defend you in court. If this guy hasn't filed a lawsuit you have no obligation to disclose anything to him.

8xe2ub

legaladvice_train

(Interstate) My brother gutted our mom's Estate Account via online transfer after the court had transferred the estate executorship away from him. Is this criminal embezzlement? I'm a little riled up about this and hope you all will bear with me if some editorializing makes it's way in... I'll try to keep it bare bones... My mother (in VT) passed away a few years ago and set my brother (based in CA) as the executor of her Estate which was worth a few hundred grand plus some other assets that required liquidating like stocks and jewelry. After two years of not filing needed paperwork with the Probate Court for various reasons, my brother agreed to transfer the executorship to me (based in CO) so I could close the Estate. After the Executorship transfer I tried ineffectually for a year to obtain all of the account, property, and tax documents I needed from my brother- which I take partial responsibility for, as I was at that point giving him every benefit of the doubt and making my requests verbally by phone and then repeatedly accepted the myriad reasons he was never able to come through. After almost exactly a year, at a follow up hearing by phone, the Probate judge explicitly told him to send me the info I needed. That same day my brother texted the account info for the Estate Account he'd set up and I went in to take it over later that week. Upon accessing the account I immediately learned two things had happened over the prior years: - My brother had utterly drained the Estate account (my mom's life savings plus her freshly sold property), direct depositing 1-3K to what I assume was his personal account every week or two via online transfer. - He continued doing so even after the transfer of Executorship, logging into the Estate Account and initiating further transfers at a noticeably accelerated pace and bringing the account balance to less than a dollar 3 months prior to that hearing and sending me the account info. Honestly, the whole thing threw me into a real depressed tailspin. I've now spent the last year agonizing over what to do next and feeling as though it's my family duty to protect my brother from the consequences of his actions though it means eating them myself. However during a recent (recorded) conversation with him, he was very clear in saying that he consciously and malevolently put me in this position as vengeance for years-old resentments he's held over an argument with my wife. He further stated that he turned the executorship over to me to begin with because I "couldn't do it" (which I believe means bring myself to document with the probate court his misuse of his position). At this point I'm done. I'm done waiting and stalling the Probate court and I'm done trying to rationalize his actions into my problem to fix. Obviously he have our issues but it never occurred to me that his apparent lack of integrity around money was consciously malicious. If he wants to argue or even fight with me he can always do so- he's my brother for chrissake- but to use my inheritance and my mom's last wishes as a weapon to attack me with is just too much. I'm now looking to bring whatever consequences he's earned home to roost and close the Estate along with this embarrassing chapter in our family's history. I'm hoping, but not expecting, that when the dust has settled he may even be willing to give being brothers another go. I'm fairly confident that the way he handled the money in the account while he was Executor is civilly actionable. However, my big questions is this: By accessing the Estate Account and transferring tens of thousands from it into his private account *after* stepping down as Executor/Administrator, did he also cross the line into *criminally* actionable? If so, what crime would this be considered?

e22ocjk

e22lt5h

>I've now spent the last year agonizing over what to do next and feeling as though it's my family duty to protect my brother from the consequences of his actions though it means eating them myself. It is 100% not your "family duty" to keep your felonious brother out of trouble for crimes he committed completely under his own free will. Hell, if anything you'd better throw him under the bus in case the scrutiny comes pointing to YOU.

Based on a quick glance, it is *fairly* likely that your brother has committed what could potentially be a federal crime but is certainly a crime in Vermont, which I would guess would be the jurisdiction of the estate considering your mother passed there.

8xe2ub

legaladvice_train

(Interstate) My brother gutted our mom's Estate Account via online transfer after the court had transferred the estate executorship away from him. Is this criminal embezzlement? I'm a little riled up about this and hope you all will bear with me if some editorializing makes it's way in... I'll try to keep it bare bones... My mother (in VT) passed away a few years ago and set my brother (based in CA) as the executor of her Estate which was worth a few hundred grand plus some other assets that required liquidating like stocks and jewelry. After two years of not filing needed paperwork with the Probate Court for various reasons, my brother agreed to transfer the executorship to me (based in CO) so I could close the Estate. After the Executorship transfer I tried ineffectually for a year to obtain all of the account, property, and tax documents I needed from my brother- which I take partial responsibility for, as I was at that point giving him every benefit of the doubt and making my requests verbally by phone and then repeatedly accepted the myriad reasons he was never able to come through. After almost exactly a year, at a follow up hearing by phone, the Probate judge explicitly told him to send me the info I needed. That same day my brother texted the account info for the Estate Account he'd set up and I went in to take it over later that week. Upon accessing the account I immediately learned two things had happened over the prior years: - My brother had utterly drained the Estate account (my mom's life savings plus her freshly sold property), direct depositing 1-3K to what I assume was his personal account every week or two via online transfer. - He continued doing so even after the transfer of Executorship, logging into the Estate Account and initiating further transfers at a noticeably accelerated pace and bringing the account balance to less than a dollar 3 months prior to that hearing and sending me the account info. Honestly, the whole thing threw me into a real depressed tailspin. I've now spent the last year agonizing over what to do next and feeling as though it's my family duty to protect my brother from the consequences of his actions though it means eating them myself. However during a recent (recorded) conversation with him, he was very clear in saying that he consciously and malevolently put me in this position as vengeance for years-old resentments he's held over an argument with my wife. He further stated that he turned the executorship over to me to begin with because I "couldn't do it" (which I believe means bring myself to document with the probate court his misuse of his position). At this point I'm done. I'm done waiting and stalling the Probate court and I'm done trying to rationalize his actions into my problem to fix. Obviously he have our issues but it never occurred to me that his apparent lack of integrity around money was consciously malicious. If he wants to argue or even fight with me he can always do so- he's my brother for chrissake- but to use my inheritance and my mom's last wishes as a weapon to attack me with is just too much. I'm now looking to bring whatever consequences he's earned home to roost and close the Estate along with this embarrassing chapter in our family's history. I'm hoping, but not expecting, that when the dust has settled he may even be willing to give being brothers another go. I'm fairly confident that the way he handled the money in the account while he was Executor is civilly actionable. However, my big questions is this: By accessing the Estate Account and transferring tens of thousands from it into his private account *after* stepping down as Executor/Administrator, did he also cross the line into *criminally* actionable? If so, what crime would this be considered?

e22ly0m

e22ocjk

Lawyer time. This is a lot of money, time, and complication that you don't want to take on by yourself.

>I've now spent the last year agonizing over what to do next and feeling as though it's my family duty to protect my brother from the consequences of his actions though it means eating them myself. It is 100% not your "family duty" to keep your felonious brother out of trouble for crimes he committed completely under his own free will. Hell, if anything you'd better throw him under the bus in case the scrutiny comes pointing to YOU.

8xe2ub

legaladvice_train

(Interstate) My brother gutted our mom's Estate Account via online transfer after the court had transferred the estate executorship away from him. Is this criminal embezzlement? I'm a little riled up about this and hope you all will bear with me if some editorializing makes it's way in... I'll try to keep it bare bones... My mother (in VT) passed away a few years ago and set my brother (based in CA) as the executor of her Estate which was worth a few hundred grand plus some other assets that required liquidating like stocks and jewelry. After two years of not filing needed paperwork with the Probate Court for various reasons, my brother agreed to transfer the executorship to me (based in CO) so I could close the Estate. After the Executorship transfer I tried ineffectually for a year to obtain all of the account, property, and tax documents I needed from my brother- which I take partial responsibility for, as I was at that point giving him every benefit of the doubt and making my requests verbally by phone and then repeatedly accepted the myriad reasons he was never able to come through. After almost exactly a year, at a follow up hearing by phone, the Probate judge explicitly told him to send me the info I needed. That same day my brother texted the account info for the Estate Account he'd set up and I went in to take it over later that week. Upon accessing the account I immediately learned two things had happened over the prior years: - My brother had utterly drained the Estate account (my mom's life savings plus her freshly sold property), direct depositing 1-3K to what I assume was his personal account every week or two via online transfer. - He continued doing so even after the transfer of Executorship, logging into the Estate Account and initiating further transfers at a noticeably accelerated pace and bringing the account balance to less than a dollar 3 months prior to that hearing and sending me the account info. Honestly, the whole thing threw me into a real depressed tailspin. I've now spent the last year agonizing over what to do next and feeling as though it's my family duty to protect my brother from the consequences of his actions though it means eating them myself. However during a recent (recorded) conversation with him, he was very clear in saying that he consciously and malevolently put me in this position as vengeance for years-old resentments he's held over an argument with my wife. He further stated that he turned the executorship over to me to begin with because I "couldn't do it" (which I believe means bring myself to document with the probate court his misuse of his position). At this point I'm done. I'm done waiting and stalling the Probate court and I'm done trying to rationalize his actions into my problem to fix. Obviously he have our issues but it never occurred to me that his apparent lack of integrity around money was consciously malicious. If he wants to argue or even fight with me he can always do so- he's my brother for chrissake- but to use my inheritance and my mom's last wishes as a weapon to attack me with is just too much. I'm now looking to bring whatever consequences he's earned home to roost and close the Estate along with this embarrassing chapter in our family's history. I'm hoping, but not expecting, that when the dust has settled he may even be willing to give being brothers another go. I'm fairly confident that the way he handled the money in the account while he was Executor is civilly actionable. However, my big questions is this: By accessing the Estate Account and transferring tens of thousands from it into his private account *after* stepping down as Executor/Administrator, did he also cross the line into *criminally* actionable? If so, what crime would this be considered?

e22s9sd

e22osbv

Posting separately vs. edit of prior post, so you're sure to see. The Vermont Statutes Online >**§ 2534. Executor or administrator** > >An executor or administrator who embezzles or fraudulently converts to his or her own use, money, obligations, securities or other effects or property belonging to the estate of which he or she is executor or administrator, shall be guilty of larceny and shall be imprisoned not more than 10 years or fined not more than $1,000.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23.) And this re: statute of limitations in Vermont: >**§ 4501. Limitation of prosecutions for certain crimes** > >(b) Prosecutions for manslaughter, lewd and lascivious conduct, sexual abuse of a vulnerable adult, grand larceny, robbery, burglary, embezzlement, forgery, bribery offenses, false claims, fraud under 33 V.S.A. § 141(d), and felony tax offenses shall be commenced **within six years after the commission of the offense, and not after.**

California is a two party consent state. Don’t tell anyone other than your lawyer that you made that recording.

8xe2ub

legaladvice_train

(Interstate) My brother gutted our mom's Estate Account via online transfer after the court had transferred the estate executorship away from him. Is this criminal embezzlement? I'm a little riled up about this and hope you all will bear with me if some editorializing makes it's way in... I'll try to keep it bare bones... My mother (in VT) passed away a few years ago and set my brother (based in CA) as the executor of her Estate which was worth a few hundred grand plus some other assets that required liquidating like stocks and jewelry. After two years of not filing needed paperwork with the Probate Court for various reasons, my brother agreed to transfer the executorship to me (based in CO) so I could close the Estate. After the Executorship transfer I tried ineffectually for a year to obtain all of the account, property, and tax documents I needed from my brother- which I take partial responsibility for, as I was at that point giving him every benefit of the doubt and making my requests verbally by phone and then repeatedly accepted the myriad reasons he was never able to come through. After almost exactly a year, at a follow up hearing by phone, the Probate judge explicitly told him to send me the info I needed. That same day my brother texted the account info for the Estate Account he'd set up and I went in to take it over later that week. Upon accessing the account I immediately learned two things had happened over the prior years: - My brother had utterly drained the Estate account (my mom's life savings plus her freshly sold property), direct depositing 1-3K to what I assume was his personal account every week or two via online transfer. - He continued doing so even after the transfer of Executorship, logging into the Estate Account and initiating further transfers at a noticeably accelerated pace and bringing the account balance to less than a dollar 3 months prior to that hearing and sending me the account info. Honestly, the whole thing threw me into a real depressed tailspin. I've now spent the last year agonizing over what to do next and feeling as though it's my family duty to protect my brother from the consequences of his actions though it means eating them myself. However during a recent (recorded) conversation with him, he was very clear in saying that he consciously and malevolently put me in this position as vengeance for years-old resentments he's held over an argument with my wife. He further stated that he turned the executorship over to me to begin with because I "couldn't do it" (which I believe means bring myself to document with the probate court his misuse of his position). At this point I'm done. I'm done waiting and stalling the Probate court and I'm done trying to rationalize his actions into my problem to fix. Obviously he have our issues but it never occurred to me that his apparent lack of integrity around money was consciously malicious. If he wants to argue or even fight with me he can always do so- he's my brother for chrissake- but to use my inheritance and my mom's last wishes as a weapon to attack me with is just too much. I'm now looking to bring whatever consequences he's earned home to roost and close the Estate along with this embarrassing chapter in our family's history. I'm hoping, but not expecting, that when the dust has settled he may even be willing to give being brothers another go. I'm fairly confident that the way he handled the money in the account while he was Executor is civilly actionable. However, my big questions is this: By accessing the Estate Account and transferring tens of thousands from it into his private account *after* stepping down as Executor/Administrator, did he also cross the line into *criminally* actionable? If so, what crime would this be considered?

e22s9sd

e22rfg6

Posting separately vs. edit of prior post, so you're sure to see. The Vermont Statutes Online >**§ 2534. Executor or administrator** > >An executor or administrator who embezzles or fraudulently converts to his or her own use, money, obligations, securities or other effects or property belonging to the estate of which he or she is executor or administrator, shall be guilty of larceny and shall be imprisoned not more than 10 years or fined not more than $1,000.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23.) And this re: statute of limitations in Vermont: >**§ 4501. Limitation of prosecutions for certain crimes** > >(b) Prosecutions for manslaughter, lewd and lascivious conduct, sexual abuse of a vulnerable adult, grand larceny, robbery, burglary, embezzlement, forgery, bribery offenses, false claims, fraud under 33 V.S.A. § 141(d), and felony tax offenses shall be commenced **within six years after the commission of the offense, and not after.**

Article excerpts (full article linked), similar stealing executor situation, (in MA, and not VT): After Lying and Embezzling from Her Mother’s Estate, Daughter is Jailed >*Ultimately \daughter\] was charged with two counts of larceny, two counts of perjury and two counts of embezzlement.* > >*\[Daughter\] was sentenced to 18 months in jail and five years of probation. She must also pay restitution to other family members for the money she stole. Her husband was sentenced to 18 months in jail, but the majority of that sentence was suspended.* [What Happens When the Executor of the Will Steals the Money? Besides useful information, article mentions state laws specifying "window" during which other heirs can take \legal\] action against executor. Couldn't find what Vermont has to say about a "statute of limitations" on civil suit or criminal charges (if law allows) in such cases. Here's detailed discussion of laws governing misdeeds by executors of Vermont estates: [Living Well on Other People's Money ~~Can he be charged with a criminal act under Vermont statues? Not clear to me.~~ At the very least, consult with an attorney who specializes in probate/estate law, for expert guidance. Too much at stake, and it would be criminal in and of itself for your brother to get away with this egregious behavior. **Edit to add: See separate post re: Vermont statutes** **found later.**

8xe2ub

legaladvice_train

(Interstate) My brother gutted our mom's Estate Account via online transfer after the court had transferred the estate executorship away from him. Is this criminal embezzlement? I'm a little riled up about this and hope you all will bear with me if some editorializing makes it's way in... I'll try to keep it bare bones... My mother (in VT) passed away a few years ago and set my brother (based in CA) as the executor of her Estate which was worth a few hundred grand plus some other assets that required liquidating like stocks and jewelry. After two years of not filing needed paperwork with the Probate Court for various reasons, my brother agreed to transfer the executorship to me (based in CO) so I could close the Estate. After the Executorship transfer I tried ineffectually for a year to obtain all of the account, property, and tax documents I needed from my brother- which I take partial responsibility for, as I was at that point giving him every benefit of the doubt and making my requests verbally by phone and then repeatedly accepted the myriad reasons he was never able to come through. After almost exactly a year, at a follow up hearing by phone, the Probate judge explicitly told him to send me the info I needed. That same day my brother texted the account info for the Estate Account he'd set up and I went in to take it over later that week. Upon accessing the account I immediately learned two things had happened over the prior years: - My brother had utterly drained the Estate account (my mom's life savings plus her freshly sold property), direct depositing 1-3K to what I assume was his personal account every week or two via online transfer. - He continued doing so even after the transfer of Executorship, logging into the Estate Account and initiating further transfers at a noticeably accelerated pace and bringing the account balance to less than a dollar 3 months prior to that hearing and sending me the account info. Honestly, the whole thing threw me into a real depressed tailspin. I've now spent the last year agonizing over what to do next and feeling as though it's my family duty to protect my brother from the consequences of his actions though it means eating them myself. However during a recent (recorded) conversation with him, he was very clear in saying that he consciously and malevolently put me in this position as vengeance for years-old resentments he's held over an argument with my wife. He further stated that he turned the executorship over to me to begin with because I "couldn't do it" (which I believe means bring myself to document with the probate court his misuse of his position). At this point I'm done. I'm done waiting and stalling the Probate court and I'm done trying to rationalize his actions into my problem to fix. Obviously he have our issues but it never occurred to me that his apparent lack of integrity around money was consciously malicious. If he wants to argue or even fight with me he can always do so- he's my brother for chrissake- but to use my inheritance and my mom's last wishes as a weapon to attack me with is just too much. I'm now looking to bring whatever consequences he's earned home to roost and close the Estate along with this embarrassing chapter in our family's history. I'm hoping, but not expecting, that when the dust has settled he may even be willing to give being brothers another go. I'm fairly confident that the way he handled the money in the account while he was Executor is civilly actionable. However, my big questions is this: By accessing the Estate Account and transferring tens of thousands from it into his private account *after* stepping down as Executor/Administrator, did he also cross the line into *criminally* actionable? If so, what crime would this be considered?

e22wx34

e22wf89

(not a lawyer, but I have been an executor). Are there any other heirs besides you and your brother? Now that you're the executor you have a fiduciary duty to all the heirs, which I believe means that you have a duty to them to attempt to recover what your brother stole from the estate. Make sure you get as much detail as possible out of the financial institutions involved. Not just the estate account(s) but if at all possible, her personal accounts before her assets were moved into the estate accounts.

OP, do you know if your brother was bonded? This will make recovering the money significantly easier, as it will shift the burden to the bond agency to go after him civilly. It's entirely possible, however, that if your mother waived bond in her Will, that he was not bonded.

8xe2ub

legaladvice_train

(Interstate) My brother gutted our mom's Estate Account via online transfer after the court had transferred the estate executorship away from him. Is this criminal embezzlement? I'm a little riled up about this and hope you all will bear with me if some editorializing makes it's way in... I'll try to keep it bare bones... My mother (in VT) passed away a few years ago and set my brother (based in CA) as the executor of her Estate which was worth a few hundred grand plus some other assets that required liquidating like stocks and jewelry. After two years of not filing needed paperwork with the Probate Court for various reasons, my brother agreed to transfer the executorship to me (based in CO) so I could close the Estate. After the Executorship transfer I tried ineffectually for a year to obtain all of the account, property, and tax documents I needed from my brother- which I take partial responsibility for, as I was at that point giving him every benefit of the doubt and making my requests verbally by phone and then repeatedly accepted the myriad reasons he was never able to come through. After almost exactly a year, at a follow up hearing by phone, the Probate judge explicitly told him to send me the info I needed. That same day my brother texted the account info for the Estate Account he'd set up and I went in to take it over later that week. Upon accessing the account I immediately learned two things had happened over the prior years: - My brother had utterly drained the Estate account (my mom's life savings plus her freshly sold property), direct depositing 1-3K to what I assume was his personal account every week or two via online transfer. - He continued doing so even after the transfer of Executorship, logging into the Estate Account and initiating further transfers at a noticeably accelerated pace and bringing the account balance to less than a dollar 3 months prior to that hearing and sending me the account info. Honestly, the whole thing threw me into a real depressed tailspin. I've now spent the last year agonizing over what to do next and feeling as though it's my family duty to protect my brother from the consequences of his actions though it means eating them myself. However during a recent (recorded) conversation with him, he was very clear in saying that he consciously and malevolently put me in this position as vengeance for years-old resentments he's held over an argument with my wife. He further stated that he turned the executorship over to me to begin with because I "couldn't do it" (which I believe means bring myself to document with the probate court his misuse of his position). At this point I'm done. I'm done waiting and stalling the Probate court and I'm done trying to rationalize his actions into my problem to fix. Obviously he have our issues but it never occurred to me that his apparent lack of integrity around money was consciously malicious. If he wants to argue or even fight with me he can always do so- he's my brother for chrissake- but to use my inheritance and my mom's last wishes as a weapon to attack me with is just too much. I'm now looking to bring whatever consequences he's earned home to roost and close the Estate along with this embarrassing chapter in our family's history. I'm hoping, but not expecting, that when the dust has settled he may even be willing to give being brothers another go. I'm fairly confident that the way he handled the money in the account while he was Executor is civilly actionable. However, my big questions is this: By accessing the Estate Account and transferring tens of thousands from it into his private account *after* stepping down as Executor/Administrator, did he also cross the line into *criminally* actionable? If so, what crime would this be considered?

e22wx34

e22w4t3

(not a lawyer, but I have been an executor). Are there any other heirs besides you and your brother? Now that you're the executor you have a fiduciary duty to all the heirs, which I believe means that you have a duty to them to attempt to recover what your brother stole from the estate. Make sure you get as much detail as possible out of the financial institutions involved. Not just the estate account(s) but if at all possible, her personal accounts before her assets were moved into the estate accounts.

In my experience it's common to blame the sister-in-law or brother-in-law... it's a lot easier to put the blame on the clear outsider for whatever perceived "slight" that can be blamed for the blamer's bad behavior.

8xe2ub

legaladvice_train

(Interstate) My brother gutted our mom's Estate Account via online transfer after the court had transferred the estate executorship away from him. Is this criminal embezzlement? I'm a little riled up about this and hope you all will bear with me if some editorializing makes it's way in... I'll try to keep it bare bones... My mother (in VT) passed away a few years ago and set my brother (based in CA) as the executor of her Estate which was worth a few hundred grand plus some other assets that required liquidating like stocks and jewelry. After two years of not filing needed paperwork with the Probate Court for various reasons, my brother agreed to transfer the executorship to me (based in CO) so I could close the Estate. After the Executorship transfer I tried ineffectually for a year to obtain all of the account, property, and tax documents I needed from my brother- which I take partial responsibility for, as I was at that point giving him every benefit of the doubt and making my requests verbally by phone and then repeatedly accepted the myriad reasons he was never able to come through. After almost exactly a year, at a follow up hearing by phone, the Probate judge explicitly told him to send me the info I needed. That same day my brother texted the account info for the Estate Account he'd set up and I went in to take it over later that week. Upon accessing the account I immediately learned two things had happened over the prior years: - My brother had utterly drained the Estate account (my mom's life savings plus her freshly sold property), direct depositing 1-3K to what I assume was his personal account every week or two via online transfer. - He continued doing so even after the transfer of Executorship, logging into the Estate Account and initiating further transfers at a noticeably accelerated pace and bringing the account balance to less than a dollar 3 months prior to that hearing and sending me the account info. Honestly, the whole thing threw me into a real depressed tailspin. I've now spent the last year agonizing over what to do next and feeling as though it's my family duty to protect my brother from the consequences of his actions though it means eating them myself. However during a recent (recorded) conversation with him, he was very clear in saying that he consciously and malevolently put me in this position as vengeance for years-old resentments he's held over an argument with my wife. He further stated that he turned the executorship over to me to begin with because I "couldn't do it" (which I believe means bring myself to document with the probate court his misuse of his position). At this point I'm done. I'm done waiting and stalling the Probate court and I'm done trying to rationalize his actions into my problem to fix. Obviously he have our issues but it never occurred to me that his apparent lack of integrity around money was consciously malicious. If he wants to argue or even fight with me he can always do so- he's my brother for chrissake- but to use my inheritance and my mom's last wishes as a weapon to attack me with is just too much. I'm now looking to bring whatever consequences he's earned home to roost and close the Estate along with this embarrassing chapter in our family's history. I'm hoping, but not expecting, that when the dust has settled he may even be willing to give being brothers another go. I'm fairly confident that the way he handled the money in the account while he was Executor is civilly actionable. However, my big questions is this: By accessing the Estate Account and transferring tens of thousands from it into his private account *after* stepping down as Executor/Administrator, did he also cross the line into *criminally* actionable? If so, what crime would this be considered?

e22wx34

e22rfg6

(not a lawyer, but I have been an executor). Are there any other heirs besides you and your brother? Now that you're the executor you have a fiduciary duty to all the heirs, which I believe means that you have a duty to them to attempt to recover what your brother stole from the estate. Make sure you get as much detail as possible out of the financial institutions involved. Not just the estate account(s) but if at all possible, her personal accounts before her assets were moved into the estate accounts.

Article excerpts (full article linked), similar stealing executor situation, (in MA, and not VT): After Lying and Embezzling from Her Mother’s Estate, Daughter is Jailed >*Ultimately \daughter\] was charged with two counts of larceny, two counts of perjury and two counts of embezzlement.* > >*\[Daughter\] was sentenced to 18 months in jail and five years of probation. She must also pay restitution to other family members for the money she stole. Her husband was sentenced to 18 months in jail, but the majority of that sentence was suspended.* [What Happens When the Executor of the Will Steals the Money? Besides useful information, article mentions state laws specifying "window" during which other heirs can take \legal\] action against executor. Couldn't find what Vermont has to say about a "statute of limitations" on civil suit or criminal charges (if law allows) in such cases. Here's detailed discussion of laws governing misdeeds by executors of Vermont estates: [Living Well on Other People's Money ~~Can he be charged with a criminal act under Vermont statues? Not clear to me.~~ At the very least, consult with an attorney who specializes in probate/estate law, for expert guidance. Too much at stake, and it would be criminal in and of itself for your brother to get away with this egregious behavior. **Edit to add: See separate post re: Vermont statutes** **found later.**

8xe2ub

legaladvice_train

(Interstate) My brother gutted our mom's Estate Account via online transfer after the court had transferred the estate executorship away from him. Is this criminal embezzlement? I'm a little riled up about this and hope you all will bear with me if some editorializing makes it's way in... I'll try to keep it bare bones... My mother (in VT) passed away a few years ago and set my brother (based in CA) as the executor of her Estate which was worth a few hundred grand plus some other assets that required liquidating like stocks and jewelry. After two years of not filing needed paperwork with the Probate Court for various reasons, my brother agreed to transfer the executorship to me (based in CO) so I could close the Estate. After the Executorship transfer I tried ineffectually for a year to obtain all of the account, property, and tax documents I needed from my brother- which I take partial responsibility for, as I was at that point giving him every benefit of the doubt and making my requests verbally by phone and then repeatedly accepted the myriad reasons he was never able to come through. After almost exactly a year, at a follow up hearing by phone, the Probate judge explicitly told him to send me the info I needed. That same day my brother texted the account info for the Estate Account he'd set up and I went in to take it over later that week. Upon accessing the account I immediately learned two things had happened over the prior years: - My brother had utterly drained the Estate account (my mom's life savings plus her freshly sold property), direct depositing 1-3K to what I assume was his personal account every week or two via online transfer. - He continued doing so even after the transfer of Executorship, logging into the Estate Account and initiating further transfers at a noticeably accelerated pace and bringing the account balance to less than a dollar 3 months prior to that hearing and sending me the account info. Honestly, the whole thing threw me into a real depressed tailspin. I've now spent the last year agonizing over what to do next and feeling as though it's my family duty to protect my brother from the consequences of his actions though it means eating them myself. However during a recent (recorded) conversation with him, he was very clear in saying that he consciously and malevolently put me in this position as vengeance for years-old resentments he's held over an argument with my wife. He further stated that he turned the executorship over to me to begin with because I "couldn't do it" (which I believe means bring myself to document with the probate court his misuse of his position). At this point I'm done. I'm done waiting and stalling the Probate court and I'm done trying to rationalize his actions into my problem to fix. Obviously he have our issues but it never occurred to me that his apparent lack of integrity around money was consciously malicious. If he wants to argue or even fight with me he can always do so- he's my brother for chrissake- but to use my inheritance and my mom's last wishes as a weapon to attack me with is just too much. I'm now looking to bring whatever consequences he's earned home to roost and close the Estate along with this embarrassing chapter in our family's history. I'm hoping, but not expecting, that when the dust has settled he may even be willing to give being brothers another go. I'm fairly confident that the way he handled the money in the account while he was Executor is civilly actionable. However, my big questions is this: By accessing the Estate Account and transferring tens of thousands from it into his private account *after* stepping down as Executor/Administrator, did he also cross the line into *criminally* actionable? If so, what crime would this be considered?

e22wf89

e22w4t3

OP, do you know if your brother was bonded? This will make recovering the money significantly easier, as it will shift the burden to the bond agency to go after him civilly. It's entirely possible, however, that if your mother waived bond in her Will, that he was not bonded.

In my experience it's common to blame the sister-in-law or brother-in-law... it's a lot easier to put the blame on the clear outsider for whatever perceived "slight" that can be blamed for the blamer's bad behavior.

8xe2ub

legaladvice_train

(Interstate) My brother gutted our mom's Estate Account via online transfer after the court had transferred the estate executorship away from him. Is this criminal embezzlement? I'm a little riled up about this and hope you all will bear with me if some editorializing makes it's way in... I'll try to keep it bare bones... My mother (in VT) passed away a few years ago and set my brother (based in CA) as the executor of her Estate which was worth a few hundred grand plus some other assets that required liquidating like stocks and jewelry. After two years of not filing needed paperwork with the Probate Court for various reasons, my brother agreed to transfer the executorship to me (based in CO) so I could close the Estate. After the Executorship transfer I tried ineffectually for a year to obtain all of the account, property, and tax documents I needed from my brother- which I take partial responsibility for, as I was at that point giving him every benefit of the doubt and making my requests verbally by phone and then repeatedly accepted the myriad reasons he was never able to come through. After almost exactly a year, at a follow up hearing by phone, the Probate judge explicitly told him to send me the info I needed. That same day my brother texted the account info for the Estate Account he'd set up and I went in to take it over later that week. Upon accessing the account I immediately learned two things had happened over the prior years: - My brother had utterly drained the Estate account (my mom's life savings plus her freshly sold property), direct depositing 1-3K to what I assume was his personal account every week or two via online transfer. - He continued doing so even after the transfer of Executorship, logging into the Estate Account and initiating further transfers at a noticeably accelerated pace and bringing the account balance to less than a dollar 3 months prior to that hearing and sending me the account info. Honestly, the whole thing threw me into a real depressed tailspin. I've now spent the last year agonizing over what to do next and feeling as though it's my family duty to protect my brother from the consequences of his actions though it means eating them myself. However during a recent (recorded) conversation with him, he was very clear in saying that he consciously and malevolently put me in this position as vengeance for years-old resentments he's held over an argument with my wife. He further stated that he turned the executorship over to me to begin with because I "couldn't do it" (which I believe means bring myself to document with the probate court his misuse of his position). At this point I'm done. I'm done waiting and stalling the Probate court and I'm done trying to rationalize his actions into my problem to fix. Obviously he have our issues but it never occurred to me that his apparent lack of integrity around money was consciously malicious. If he wants to argue or even fight with me he can always do so- he's my brother for chrissake- but to use my inheritance and my mom's last wishes as a weapon to attack me with is just too much. I'm now looking to bring whatever consequences he's earned home to roost and close the Estate along with this embarrassing chapter in our family's history. I'm hoping, but not expecting, that when the dust has settled he may even be willing to give being brothers another go. I'm fairly confident that the way he handled the money in the account while he was Executor is civilly actionable. However, my big questions is this: By accessing the Estate Account and transferring tens of thousands from it into his private account *after* stepping down as Executor/Administrator, did he also cross the line into *criminally* actionable? If so, what crime would this be considered?

e22rfg6

e22wf89

Article excerpts (full article linked), similar stealing executor situation, (in MA, and not VT): After Lying and Embezzling from Her Mother’s Estate, Daughter is Jailed >*Ultimately \daughter\] was charged with two counts of larceny, two counts of perjury and two counts of embezzlement.* > >*\[Daughter\] was sentenced to 18 months in jail and five years of probation. She must also pay restitution to other family members for the money she stole. Her husband was sentenced to 18 months in jail, but the majority of that sentence was suspended.* [What Happens When the Executor of the Will Steals the Money? Besides useful information, article mentions state laws specifying "window" during which other heirs can take \legal\] action against executor. Couldn't find what Vermont has to say about a "statute of limitations" on civil suit or criminal charges (if law allows) in such cases. Here's detailed discussion of laws governing misdeeds by executors of Vermont estates: [Living Well on Other People's Money ~~Can he be charged with a criminal act under Vermont statues? Not clear to me.~~ At the very least, consult with an attorney who specializes in probate/estate law, for expert guidance. Too much at stake, and it would be criminal in and of itself for your brother to get away with this egregious behavior. **Edit to add: See separate post re: Vermont statutes** **found later.**

OP, do you know if your brother was bonded? This will make recovering the money significantly easier, as it will shift the burden to the bond agency to go after him civilly. It's entirely possible, however, that if your mother waived bond in her Will, that he was not bonded.

8xe2ub

legaladvice_train

(Interstate) My brother gutted our mom's Estate Account via online transfer after the court had transferred the estate executorship away from him. Is this criminal embezzlement? I'm a little riled up about this and hope you all will bear with me if some editorializing makes it's way in... I'll try to keep it bare bones... My mother (in VT) passed away a few years ago and set my brother (based in CA) as the executor of her Estate which was worth a few hundred grand plus some other assets that required liquidating like stocks and jewelry. After two years of not filing needed paperwork with the Probate Court for various reasons, my brother agreed to transfer the executorship to me (based in CO) so I could close the Estate. After the Executorship transfer I tried ineffectually for a year to obtain all of the account, property, and tax documents I needed from my brother- which I take partial responsibility for, as I was at that point giving him every benefit of the doubt and making my requests verbally by phone and then repeatedly accepted the myriad reasons he was never able to come through. After almost exactly a year, at a follow up hearing by phone, the Probate judge explicitly told him to send me the info I needed. That same day my brother texted the account info for the Estate Account he'd set up and I went in to take it over later that week. Upon accessing the account I immediately learned two things had happened over the prior years: - My brother had utterly drained the Estate account (my mom's life savings plus her freshly sold property), direct depositing 1-3K to what I assume was his personal account every week or two via online transfer. - He continued doing so even after the transfer of Executorship, logging into the Estate Account and initiating further transfers at a noticeably accelerated pace and bringing the account balance to less than a dollar 3 months prior to that hearing and sending me the account info. Honestly, the whole thing threw me into a real depressed tailspin. I've now spent the last year agonizing over what to do next and feeling as though it's my family duty to protect my brother from the consequences of his actions though it means eating them myself. However during a recent (recorded) conversation with him, he was very clear in saying that he consciously and malevolently put me in this position as vengeance for years-old resentments he's held over an argument with my wife. He further stated that he turned the executorship over to me to begin with because I "couldn't do it" (which I believe means bring myself to document with the probate court his misuse of his position). At this point I'm done. I'm done waiting and stalling the Probate court and I'm done trying to rationalize his actions into my problem to fix. Obviously he have our issues but it never occurred to me that his apparent lack of integrity around money was consciously malicious. If he wants to argue or even fight with me he can always do so- he's my brother for chrissake- but to use my inheritance and my mom's last wishes as a weapon to attack me with is just too much. I'm now looking to bring whatever consequences he's earned home to roost and close the Estate along with this embarrassing chapter in our family's history. I'm hoping, but not expecting, that when the dust has settled he may even be willing to give being brothers another go. I'm fairly confident that the way he handled the money in the account while he was Executor is civilly actionable. However, my big questions is this: By accessing the Estate Account and transferring tens of thousands from it into his private account *after* stepping down as Executor/Administrator, did he also cross the line into *criminally* actionable? If so, what crime would this be considered?

e22w4t3

e22zcmo

In my experience it's common to blame the sister-in-law or brother-in-law... it's a lot easier to put the blame on the clear outsider for whatever perceived "slight" that can be blamed for the blamer's bad behavior.

> direct depositing 1-3K to what I assume was his personal account every week or two via online transfer. Additionally, doesn't this sound like structuring? Did he do this so it wouldn't have to be reported?

8xe2ub

legaladvice_train

(Interstate) My brother gutted our mom's Estate Account via online transfer after the court had transferred the estate executorship away from him. Is this criminal embezzlement? I'm a little riled up about this and hope you all will bear with me if some editorializing makes it's way in... I'll try to keep it bare bones... My mother (in VT) passed away a few years ago and set my brother (based in CA) as the executor of her Estate which was worth a few hundred grand plus some other assets that required liquidating like stocks and jewelry. After two years of not filing needed paperwork with the Probate Court for various reasons, my brother agreed to transfer the executorship to me (based in CO) so I could close the Estate. After the Executorship transfer I tried ineffectually for a year to obtain all of the account, property, and tax documents I needed from my brother- which I take partial responsibility for, as I was at that point giving him every benefit of the doubt and making my requests verbally by phone and then repeatedly accepted the myriad reasons he was never able to come through. After almost exactly a year, at a follow up hearing by phone, the Probate judge explicitly told him to send me the info I needed. That same day my brother texted the account info for the Estate Account he'd set up and I went in to take it over later that week. Upon accessing the account I immediately learned two things had happened over the prior years: - My brother had utterly drained the Estate account (my mom's life savings plus her freshly sold property), direct depositing 1-3K to what I assume was his personal account every week or two via online transfer. - He continued doing so even after the transfer of Executorship, logging into the Estate Account and initiating further transfers at a noticeably accelerated pace and bringing the account balance to less than a dollar 3 months prior to that hearing and sending me the account info. Honestly, the whole thing threw me into a real depressed tailspin. I've now spent the last year agonizing over what to do next and feeling as though it's my family duty to protect my brother from the consequences of his actions though it means eating them myself. However during a recent (recorded) conversation with him, he was very clear in saying that he consciously and malevolently put me in this position as vengeance for years-old resentments he's held over an argument with my wife. He further stated that he turned the executorship over to me to begin with because I "couldn't do it" (which I believe means bring myself to document with the probate court his misuse of his position). At this point I'm done. I'm done waiting and stalling the Probate court and I'm done trying to rationalize his actions into my problem to fix. Obviously he have our issues but it never occurred to me that his apparent lack of integrity around money was consciously malicious. If he wants to argue or even fight with me he can always do so- he's my brother for chrissake- but to use my inheritance and my mom's last wishes as a weapon to attack me with is just too much. I'm now looking to bring whatever consequences he's earned home to roost and close the Estate along with this embarrassing chapter in our family's history. I'm hoping, but not expecting, that when the dust has settled he may even be willing to give being brothers another go. I'm fairly confident that the way he handled the money in the account while he was Executor is civilly actionable. However, my big questions is this: By accessing the Estate Account and transferring tens of thousands from it into his private account *after* stepping down as Executor/Administrator, did he also cross the line into *criminally* actionable? If so, what crime would this be considered?

e22zcmo

e22rfg6

> direct depositing 1-3K to what I assume was his personal account every week or two via online transfer. Additionally, doesn't this sound like structuring? Did he do this so it wouldn't have to be reported?

Article excerpts (full article linked), similar stealing executor situation, (in MA, and not VT): After Lying and Embezzling from Her Mother’s Estate, Daughter is Jailed >*Ultimately \daughter\] was charged with two counts of larceny, two counts of perjury and two counts of embezzlement.* > >*\[Daughter\] was sentenced to 18 months in jail and five years of probation. She must also pay restitution to other family members for the money she stole. Her husband was sentenced to 18 months in jail, but the majority of that sentence was suspended.* [What Happens When the Executor of the Will Steals the Money? Besides useful information, article mentions state laws specifying "window" during which other heirs can take \legal\] action against executor. Couldn't find what Vermont has to say about a "statute of limitations" on civil suit or criminal charges (if law allows) in such cases. Here's detailed discussion of laws governing misdeeds by executors of Vermont estates: [Living Well on Other People's Money ~~Can he be charged with a criminal act under Vermont statues? Not clear to me.~~ At the very least, consult with an attorney who specializes in probate/estate law, for expert guidance. Too much at stake, and it would be criminal in and of itself for your brother to get away with this egregious behavior. **Edit to add: See separate post re: Vermont statutes** **found later.**

8xe2ub

legaladvice_train

(Interstate) My brother gutted our mom's Estate Account via online transfer after the court had transferred the estate executorship away from him. Is this criminal embezzlement? I'm a little riled up about this and hope you all will bear with me if some editorializing makes it's way in... I'll try to keep it bare bones... My mother (in VT) passed away a few years ago and set my brother (based in CA) as the executor of her Estate which was worth a few hundred grand plus some other assets that required liquidating like stocks and jewelry. After two years of not filing needed paperwork with the Probate Court for various reasons, my brother agreed to transfer the executorship to me (based in CO) so I could close the Estate. After the Executorship transfer I tried ineffectually for a year to obtain all of the account, property, and tax documents I needed from my brother- which I take partial responsibility for, as I was at that point giving him every benefit of the doubt and making my requests verbally by phone and then repeatedly accepted the myriad reasons he was never able to come through. After almost exactly a year, at a follow up hearing by phone, the Probate judge explicitly told him to send me the info I needed. That same day my brother texted the account info for the Estate Account he'd set up and I went in to take it over later that week. Upon accessing the account I immediately learned two things had happened over the prior years: - My brother had utterly drained the Estate account (my mom's life savings plus her freshly sold property), direct depositing 1-3K to what I assume was his personal account every week or two via online transfer. - He continued doing so even after the transfer of Executorship, logging into the Estate Account and initiating further transfers at a noticeably accelerated pace and bringing the account balance to less than a dollar 3 months prior to that hearing and sending me the account info. Honestly, the whole thing threw me into a real depressed tailspin. I've now spent the last year agonizing over what to do next and feeling as though it's my family duty to protect my brother from the consequences of his actions though it means eating them myself. However during a recent (recorded) conversation with him, he was very clear in saying that he consciously and malevolently put me in this position as vengeance for years-old resentments he's held over an argument with my wife. He further stated that he turned the executorship over to me to begin with because I "couldn't do it" (which I believe means bring myself to document with the probate court his misuse of his position). At this point I'm done. I'm done waiting and stalling the Probate court and I'm done trying to rationalize his actions into my problem to fix. Obviously he have our issues but it never occurred to me that his apparent lack of integrity around money was consciously malicious. If he wants to argue or even fight with me he can always do so- he's my brother for chrissake- but to use my inheritance and my mom's last wishes as a weapon to attack me with is just too much. I'm now looking to bring whatever consequences he's earned home to roost and close the Estate along with this embarrassing chapter in our family's history. I'm hoping, but not expecting, that when the dust has settled he may even be willing to give being brothers another go. I'm fairly confident that the way he handled the money in the account while he was Executor is civilly actionable. However, my big questions is this: By accessing the Estate Account and transferring tens of thousands from it into his private account *after* stepping down as Executor/Administrator, did he also cross the line into *criminally* actionable? If so, what crime would this be considered?

e22rfg6

e22w4t3

Article excerpts (full article linked), similar stealing executor situation, (in MA, and not VT): After Lying and Embezzling from Her Mother’s Estate, Daughter is Jailed >*Ultimately \daughter\] was charged with two counts of larceny, two counts of perjury and two counts of embezzlement.* > >*\[Daughter\] was sentenced to 18 months in jail and five years of probation. She must also pay restitution to other family members for the money she stole. Her husband was sentenced to 18 months in jail, but the majority of that sentence was suspended.* [What Happens When the Executor of the Will Steals the Money? Besides useful information, article mentions state laws specifying "window" during which other heirs can take \legal\] action against executor. Couldn't find what Vermont has to say about a "statute of limitations" on civil suit or criminal charges (if law allows) in such cases. Here's detailed discussion of laws governing misdeeds by executors of Vermont estates: [Living Well on Other People's Money ~~Can he be charged with a criminal act under Vermont statues? Not clear to me.~~ At the very least, consult with an attorney who specializes in probate/estate law, for expert guidance. Too much at stake, and it would be criminal in and of itself for your brother to get away with this egregious behavior. **Edit to add: See separate post re: Vermont statutes** **found later.**

In my experience it's common to blame the sister-in-law or brother-in-law... it's a lot easier to put the blame on the clear outsider for whatever perceived "slight" that can be blamed for the blamer's bad behavior.

8xe2ub

legaladvice_train

(Interstate) My brother gutted our mom's Estate Account via online transfer after the court had transferred the estate executorship away from him. Is this criminal embezzlement? I'm a little riled up about this and hope you all will bear with me if some editorializing makes it's way in... I'll try to keep it bare bones... My mother (in VT) passed away a few years ago and set my brother (based in CA) as the executor of her Estate which was worth a few hundred grand plus some other assets that required liquidating like stocks and jewelry. After two years of not filing needed paperwork with the Probate Court for various reasons, my brother agreed to transfer the executorship to me (based in CO) so I could close the Estate. After the Executorship transfer I tried ineffectually for a year to obtain all of the account, property, and tax documents I needed from my brother- which I take partial responsibility for, as I was at that point giving him every benefit of the doubt and making my requests verbally by phone and then repeatedly accepted the myriad reasons he was never able to come through. After almost exactly a year, at a follow up hearing by phone, the Probate judge explicitly told him to send me the info I needed. That same day my brother texted the account info for the Estate Account he'd set up and I went in to take it over later that week. Upon accessing the account I immediately learned two things had happened over the prior years: - My brother had utterly drained the Estate account (my mom's life savings plus her freshly sold property), direct depositing 1-3K to what I assume was his personal account every week or two via online transfer. - He continued doing so even after the transfer of Executorship, logging into the Estate Account and initiating further transfers at a noticeably accelerated pace and bringing the account balance to less than a dollar 3 months prior to that hearing and sending me the account info. Honestly, the whole thing threw me into a real depressed tailspin. I've now spent the last year agonizing over what to do next and feeling as though it's my family duty to protect my brother from the consequences of his actions though it means eating them myself. However during a recent (recorded) conversation with him, he was very clear in saying that he consciously and malevolently put me in this position as vengeance for years-old resentments he's held over an argument with my wife. He further stated that he turned the executorship over to me to begin with because I "couldn't do it" (which I believe means bring myself to document with the probate court his misuse of his position). At this point I'm done. I'm done waiting and stalling the Probate court and I'm done trying to rationalize his actions into my problem to fix. Obviously he have our issues but it never occurred to me that his apparent lack of integrity around money was consciously malicious. If he wants to argue or even fight with me he can always do so- he's my brother for chrissake- but to use my inheritance and my mom's last wishes as a weapon to attack me with is just too much. I'm now looking to bring whatever consequences he's earned home to roost and close the Estate along with this embarrassing chapter in our family's history. I'm hoping, but not expecting, that when the dust has settled he may even be willing to give being brothers another go. I'm fairly confident that the way he handled the money in the account while he was Executor is civilly actionable. However, my big questions is this: By accessing the Estate Account and transferring tens of thousands from it into his private account *after* stepping down as Executor/Administrator, did he also cross the line into *criminally* actionable? If so, what crime would this be considered?

e23by5f

e22rfg6

wait wait wait. You knew about what had happened for a YEAR and you didn't tell anyone? Uh, Not a lawyer so I'm not sure what your liability is but I imagine that you accepted the fiduciary duty as executor when you accepted the role, YOU may be in jeopardy here seeing as you didn't move to rectify the situation immediately. You need to get ahead of this yesterday.

Article excerpts (full article linked), similar stealing executor situation, (in MA, and not VT): After Lying and Embezzling from Her Mother’s Estate, Daughter is Jailed >*Ultimately \daughter\] was charged with two counts of larceny, two counts of perjury and two counts of embezzlement.* > >*\[Daughter\] was sentenced to 18 months in jail and five years of probation. She must also pay restitution to other family members for the money she stole. Her husband was sentenced to 18 months in jail, but the majority of that sentence was suspended.* [What Happens When the Executor of the Will Steals the Money? Besides useful information, article mentions state laws specifying "window" during which other heirs can take \legal\] action against executor. Couldn't find what Vermont has to say about a "statute of limitations" on civil suit or criminal charges (if law allows) in such cases. Here's detailed discussion of laws governing misdeeds by executors of Vermont estates: [Living Well on Other People's Money ~~Can he be charged with a criminal act under Vermont statues? Not clear to me.~~ At the very least, consult with an attorney who specializes in probate/estate law, for expert guidance. Too much at stake, and it would be criminal in and of itself for your brother to get away with this egregious behavior. **Edit to add: See separate post re: Vermont statutes** **found later.**

p0y38b

legaladvice_train

(Denmark) A TikTok user is stealing my content and going viral, which could have consequences for my future career Hi! I spent a lot of time making these videos a few years back, where I took public access TV and edited it to death, to make it crazy, awkward and surreal. I never put ads on it or anything, because I used other peoples material but according to my management, what I did falls under both “fair use” and “remix”, because the original content is distorted to such a degree, that it became something entirely new. If you know Vic Berger, it’s kinda like that, but even more far out and specifically targeted for a danish audience. Anyway, the content never went super viral, but had a moderate cult following, which eventually led to me getting work with TV - so for me, it turned out to be super important, and helped me build my career. Lately, my stuff has started to go viral on TikTok though, as lots of people are uploading various clips from my channel, and presenting it as their own stuff. I have no problem with this, as long as they credit me, and in most cases it’s as simple as me asking them to do so, and everything is good. But now there is this one guy, who has become viral almost solely with content I made, and who refuses to credit me and instead insults me, and uses his following to make it look like I had nothing to do with the content. I figure the best way to go about this now, is to make a copyright claim, but this is where it all gets a bit weird, because the stuff I made, is “technically” not my own stuff, because it is made from other peoples material, whom I assume would be considered the “real” copyright owners - but it being public access TV, funded by the state, the rule in Denmark is actually that the actual TV-programs, before I edited them, is public domain - but to my understanding, I would own the rights to the “remix” (being the clips I posted). So yeah, this is where I’m at. I’m pretty sure the rules for copyright on TikTok are the same all over the world, so I was hoping someone here could help me. How do I go about this? Thank you in advance!

h8a8egq

h89oqgz

Regardless of whether or not your work was fair use, you still own any creative work you did on top of the original source. In the same way game youtubers own the content they record of themselves playing without owning the copyright to game content underneath. You can file a copyright claim at https://www.tiktok.com/legal/report/Copyright?lang=en not sure how effective the response is on Tiktok but if it's anything like youtube their channel will suffer for getting copyright claimed.

Have you contacted TikTok directly?

p0y38b

legaladvice_train

(Denmark) A TikTok user is stealing my content and going viral, which could have consequences for my future career Hi! I spent a lot of time making these videos a few years back, where I took public access TV and edited it to death, to make it crazy, awkward and surreal. I never put ads on it or anything, because I used other peoples material but according to my management, what I did falls under both “fair use” and “remix”, because the original content is distorted to such a degree, that it became something entirely new. If you know Vic Berger, it’s kinda like that, but even more far out and specifically targeted for a danish audience. Anyway, the content never went super viral, but had a moderate cult following, which eventually led to me getting work with TV - so for me, it turned out to be super important, and helped me build my career. Lately, my stuff has started to go viral on TikTok though, as lots of people are uploading various clips from my channel, and presenting it as their own stuff. I have no problem with this, as long as they credit me, and in most cases it’s as simple as me asking them to do so, and everything is good. But now there is this one guy, who has become viral almost solely with content I made, and who refuses to credit me and instead insults me, and uses his following to make it look like I had nothing to do with the content. I figure the best way to go about this now, is to make a copyright claim, but this is where it all gets a bit weird, because the stuff I made, is “technically” not my own stuff, because it is made from other peoples material, whom I assume would be considered the “real” copyright owners - but it being public access TV, funded by the state, the rule in Denmark is actually that the actual TV-programs, before I edited them, is public domain - but to my understanding, I would own the rights to the “remix” (being the clips I posted). So yeah, this is where I’m at. I’m pretty sure the rules for copyright on TikTok are the same all over the world, so I was hoping someone here could help me. How do I go about this? Thank you in advance!

h8a08n6

h8a8egq

Is this other creator located in the US?

Regardless of whether or not your work was fair use, you still own any creative work you did on top of the original source. In the same way game youtubers own the content they record of themselves playing without owning the copyright to game content underneath. You can file a copyright claim at https://www.tiktok.com/legal/report/Copyright?lang=en not sure how effective the response is on Tiktok but if it's anything like youtube their channel will suffer for getting copyright claimed.

p0y38b

legaladvice_train

(Denmark) A TikTok user is stealing my content and going viral, which could have consequences for my future career Hi! I spent a lot of time making these videos a few years back, where I took public access TV and edited it to death, to make it crazy, awkward and surreal. I never put ads on it or anything, because I used other peoples material but according to my management, what I did falls under both “fair use” and “remix”, because the original content is distorted to such a degree, that it became something entirely new. If you know Vic Berger, it’s kinda like that, but even more far out and specifically targeted for a danish audience. Anyway, the content never went super viral, but had a moderate cult following, which eventually led to me getting work with TV - so for me, it turned out to be super important, and helped me build my career. Lately, my stuff has started to go viral on TikTok though, as lots of people are uploading various clips from my channel, and presenting it as their own stuff. I have no problem with this, as long as they credit me, and in most cases it’s as simple as me asking them to do so, and everything is good. But now there is this one guy, who has become viral almost solely with content I made, and who refuses to credit me and instead insults me, and uses his following to make it look like I had nothing to do with the content. I figure the best way to go about this now, is to make a copyright claim, but this is where it all gets a bit weird, because the stuff I made, is “technically” not my own stuff, because it is made from other peoples material, whom I assume would be considered the “real” copyright owners - but it being public access TV, funded by the state, the rule in Denmark is actually that the actual TV-programs, before I edited them, is public domain - but to my understanding, I would own the rights to the “remix” (being the clips I posted). So yeah, this is where I’m at. I’m pretty sure the rules for copyright on TikTok are the same all over the world, so I was hoping someone here could help me. How do I go about this? Thank you in advance!

h8a08n6

h8afw28

Is this other creator located in the US?

Once you have edited something to that extent and it has become an original work and your intellectual property. The actual editing work is also your intellectual property

zer8em

legaladvice_train

Paid a patent attorney a $6500 retainer and, in one month, they went through the entire retainer and almost doubled it - I got a monthly invoice for ~$12k. Is it normal for law firms not to alert their client once the retainer is depleted? Basically wondering if this is normal or if I should question why I wasn't told to expect to pay double. This is my first time using a patent attorney, so genuinely asking if I should just pay the bill or if I should question this because it is a lot of money, and I kind of didn't expect to get that large of a bill in one month. The invoice did include an FTO search charge for $3000 they had to outsource. Thanks in advance for any opinions/insight.

iz8nuai

iz84lzp

OP, that's not an unusual amount for drafting and filing a nonprovisional utility patent application in the US. I typically quote a flat fee of $12-15k for that, but also set forth how much prosecution is likely to cost and how the fees will occur over time - remember, filing is just the first step, and it typically takes 2-3 years to get a patent, depending on the area of technology and whether you take other steps to expedite it, whether you go to appeal, etc. But if you have any questions about the bill, talk to your attorney and find out what the full estimate will be, what your retainer has covered, etc. The nice thing about patent prosecution, unlike litigation, is that it tends to be relatively predictable - we deal with hundreds of cases simultaneously, so we get very used to how much an "average" bill should be.

In the future ask lawyers for a budget or estimation of fees for the entire case. Sometimes that has little connection to the retainer.

zer8em

legaladvice_train

Paid a patent attorney a $6500 retainer and, in one month, they went through the entire retainer and almost doubled it - I got a monthly invoice for ~$12k. Is it normal for law firms not to alert their client once the retainer is depleted? Basically wondering if this is normal or if I should question why I wasn't told to expect to pay double. This is my first time using a patent attorney, so genuinely asking if I should just pay the bill or if I should question this because it is a lot of money, and I kind of didn't expect to get that large of a bill in one month. The invoice did include an FTO search charge for $3000 they had to outsource. Thanks in advance for any opinions/insight.

iz8nuai

iz868ub

OP, that's not an unusual amount for drafting and filing a nonprovisional utility patent application in the US. I typically quote a flat fee of $12-15k for that, but also set forth how much prosecution is likely to cost and how the fees will occur over time - remember, filing is just the first step, and it typically takes 2-3 years to get a patent, depending on the area of technology and whether you take other steps to expedite it, whether you go to appeal, etc. But if you have any questions about the bill, talk to your attorney and find out what the full estimate will be, what your retainer has covered, etc. The nice thing about patent prosecution, unlike litigation, is that it tends to be relatively predictable - we deal with hundreds of cases simultaneously, so we get very used to how much an "average" bill should be.

The retainer isn't the max you'll pay. It's just a way to ensure they can get paid for at least initial required. Things come up and they cost. You're free to question it, but it's rare it's going to be $ back in your pocket. You can have a discussion about the plan nad costs of it.

zer8em

legaladvice_train

Paid a patent attorney a $6500 retainer and, in one month, they went through the entire retainer and almost doubled it - I got a monthly invoice for ~$12k. Is it normal for law firms not to alert their client once the retainer is depleted? Basically wondering if this is normal or if I should question why I wasn't told to expect to pay double. This is my first time using a patent attorney, so genuinely asking if I should just pay the bill or if I should question this because it is a lot of money, and I kind of didn't expect to get that large of a bill in one month. The invoice did include an FTO search charge for $3000 they had to outsource. Thanks in advance for any opinions/insight.

iz9k8kp

iz9cv8b

Not a lawyer, 15 years in academic tech transfer as an in house patent paralegal. Whether the charges are reasonable or not really depends on what you had them do. A provisional patent usually runs $1-7k, but it's only good for a year. And the cost is highly dependent on the content of the filing. Whether it's just a cover sheet or a PCT/Non-provisional ready filing. A PCT/Non-provisional can run $10-20k depending on claims and area. And that's just to file, not to prosecute. And wouldn't include prior art searching and drawings. If you filed Non-provisional, you should have a reprieve for a bit with your first office action being several months to a year out. Plan on budgeting $5-10k for response to office actions as well. And anticipate having around 3 office actions over the course of prosecution. But could be more. As others stated, it's not a quick process. And it can be very expensive. There are other firms with different fee structures. Make sure you're not paying attorney time for work that should be done by a paralegal. You can transfer your file to a different firm if you need to. It's important to have an attorney or patent agent that operates in the area of your invention. This cuts costs on the attorney learning curve. You don't want an IP attorney who focuses on chemistry if your invention is in electrical engineering. Overall, the cost so far isn't alarming. But definitely review your bills closely. You can push back on expenses that seem unreasonable. Or if some work appears that it could have been done by a junior attorney or paralegal and was billed at the partner rate. And definitely ask for a fee sheet. In the end, anticipate spending a WHOLE lot more. And prepare yourself that your patent application could also be denied. This is where having a good attorney do a review of the claims before making a decision to file is worth it. It's a sunk cost but can save you tens of thousands in the long run if there's no patentability or freedom to operate. Just because something is patentable, doesn't mean you should file. Good luck!

Are you getting a utility patent or a design patent? That's reasonable for a utility patent.

yuni3j

legaladvice_train

Our neighbor constantly files frivolous complaints against us. We purchased a home and moved in in February, since we have moved in, our neighbor has filed 2 animal control complaints (one for excessive noise on our 2nd day moving in and another saying we leave our dogs outside in the rain without shelter-both are untrue). Animal control came to verify our dogs situation but could not do anything about the noise complaint stating it was he said, she said. They have also filed 2 HOA complaints: 1) we continuously walk our dogs without a leash-untrue 2) we put up a sunshade in our back yard and they filed saying we installed an AWNING and modified their house saying we installed it to their house which is untrue. We didn't touch their home or attach anything to their home. The HOA refuses to show us proof of any of these complaints and automatically takes their side. We have gotten to the point of already wanting to move and do not enjoy being in our home because the neighbors cause so much anxiety that if we do anything, they'll file a complaint. Is there anything we can do?

iwe7gov

iwcpyfq

Time for blink cameras and an attorney. Also would suggest moving out if an HOA subdivision. They're a bunch of tight knit biddies who have the desire for drama. Talk with an attorney and see what you can do about filing harassment charges. The cameras will help to prove their lies. Set the cameras up somewhere so they cannot see them but still captures everything. I have the blink 5pack cameras w 2 doorbells on batteries bc of my lunatic neighbors (night vision is great). They've come in handy more than once. The footage syncs to a zip drive to preserve the recordings. Well worth the money imho.

Read the CC&R and bylaws of your HOA to understand your rights. You have rights as well to respond to complains. Also, start to get friendly with some of your HOA board. This may help you down the road if things get more heated.