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If my spouse is a Jehovah's Witness and they don't believe in modern medicine and my child needs medical help can I override her No and go to the doctors anyways?
| By if necessary I mean like a blood transfusion or a surgery. Could there be legal consequences for this. Was taken down in r/legaladvice for not being on topic.
Topic:
Update
| Yes, you are fine.
The problem with shared custody is the same as with shared property. Both parents/owners can override each other.
Your ex can say "ABSOLUTELY NOT" but as soon as she goes to the bathroom you can hoist the kid over your shoulder and go to the doctor.
At the doctor as soon as you go to the bathroom your ex can barge in and take the kid. The doctors can't stop her.
If you get into a full frontal argument (she gets out of the bathroom before you can leave with the kid) then the police must be called and they will either do nothing or side with one of you and enforce that parent's wishes. Which of these 3 will happen depends on the personal opinions of the police officer who comes.Answer #2: I believe you have an ethical imperative to override her opinion if it will save your daughters life. There are cases of criminal neglect against parents who have “prayed” for disease in lieu of medical treatment.
But if you’re 50/50, you’re legally good it go with making medical decisions for your kid, with or without your ex’s blessing.Answer #3: It depends on if there is a custody order or not.
No order and you have as much right as the other parents.Answer #4: But Jehovah’s witnesses DO believe in modern medicine. They just don’t do blood transfusions which is widely known, accepted, and health professionals have ways to get around that for the good of the child.Answer #5: r/exjw would probably have experience with this. |
Connecticut- Custody issue and reasonable support issues.
| Hi, I am using a friends account and just looking for advice. I have been going back and forth with my ex over child support for the past few years, we have a court order in place that he has mostly complied with but recently he has started to become unreasonable. He had been refusing to pay for certain things that are critical to our child's well being. The court order requires him to pay for essentials as far as our child's up bringing is concerned, but suddenly he is not being cooperative. It's very important that our child recieve music lessons, horseback lessons, attend summer camp etc., but he is now claiming that he is not willing to pay for these things. He knows very well that these things are essential if our child is to fit in and excel in our community but apparently since he has a new family and lives in a less prestigious area (even though he prob spent 2 million on his new home despite the fact it's practically a dump from what I've heard). He had always paid the "basic" child support so far and then some but now he is starting to get picky over extra stuff. His new wife just had a baby and I think it's very unfair that his first child should have to go without. I'm more than able to cover the costs of her extra curricular activities, but feel he should as well. If he's not willing to can I request a reduction in his visitation? I just don't think it's fair that he has the right to deny her these things because he has a new family now. What can I do legally to get him to step up to the plate?
| >If he's not willing to can I request a reduction in his visitation?
No. He is not purchasing time with his child.
Does the order specify what "essentials" are because they may not encompass things like music lessons or horseback since those things are in fact not essential to the child.Answer #2: Can any Connecticut natives confirm that Greenwich is as snobbish as OP claims it is?Answer #3: Look, OP, if you want music lessons and horseback riding for your kids, you don't have to pay out the nose for them. I run a babysitting business not too far from Greenwich, and every summer we put together some kind of fun activity for kids in the area for a modest fee (generally not more than $10). This year we had art classes. Last year, we had a band. Our junior members are *really* into horses, so we've actually been looking into the feasibility of a horseback-riding playdate for our charges.
Give us a call on Monday, Wednesday or Friday from 5 to 5:30 PM at 203-KL5-3231. I'll try and set your daughter up with Claudia so she can give her some art lessons.
(It's also not too early to start your kid on softball! I run a Little League team called the Krushers. We even have a four-year-old on the team!) |
Private Info posted online with encouragement to harass and steal identity
| A recent ex of mine who I co-habitated out of state has posted my phone number and my parents address and is encouraging commenters (over 40 last night) to harass my 60 year old parents and I. We were in an argument (we are recently broken up and I immediately came back to NYC while she stayed in NOLA). she posted a screenshot of us insulting each other. Along with the address (my parents address, not mine) she encouraged others to steal my identity by giving an estimate of my savings and the bank I use. What can I do? I have started to receive harassing voicemails...
| If you have documentary evidence of the postings, you can report this matter to the police. You could do that both in NY and NOLA. |
Los Angeles -- testing apartment fire alarm for three straight days?
| My apartment complex (Los Angeles) is going to be testing the complex's fire alarms from 9 - 5 for three consecutive days, going off every 10 minutes or so. Are they allowed to do that? It seems ridiculously long and I had to stay in a hotel to not stress out my newborn.
Topic:
Landlord Tenant Housing
| Are you sure you understood correctly? Has this actually occurred already or will be occurring in the future. |
Curious on your interpretation of this parking ticket. Confused.
| I live in Philadelphia, AKA the city of the most corrupt parking authority in the country, the PPA (which happens to be run by the state, not Philly).
Anyway, curious on your guy's interpretation of this ticket. I parked behind this sign on Sunday around 1AM (the arrow that's pointing to FRI-SAT 10PM - 6AM). Came back around 2AM with my car towed. Went to the impound, and was told it was towed due to 'Stopping prohibited'.
Here is the photo of [the ticket, and the sign.](http://i.imgur.com/eYkWO8m.jpg)
From what I can tell, it states 'No stopping Fri-Sat 10PM - 6AM'. Ticket is dated Sunday at 1:48AM and noted that it's a 'stop prohibited due to posted hours of 10 PM - 6AM'.
My confusion is the date. It being Sunday, the sign indicating Fri-Sat, how is this valid? My concern is that them saying 'Fri-Sat 10PM-6AM' actually indirectly means 'Sunday 12AM-6AM'.
I'm obviously going to fight it, but curious on the legalities if you guys think this is worthy of winning, and/or unlawfully written to encourage mis-interpretation.
**TL;DR** Got ticket. Confusing sign. Times / date don't add up. See [this pic](http://i.imgur.com/eYkWO8m.jpg)
| IMO I would have read this the same was as OPAnswer #2: It does seem that the sign could easily be read as "from 2200 Friday to 0600 Saturday and that's it." Answer #3: odds are it is legit, but you can challenge it on vagueness. |
Ex Girlfriend stole my car
| I live in Dallas Texas, and I started dating a girl I worked with.
Over the last 8 months, my now ex girlfriend and I had rented a place together in my name, bought phones together in my name, and bought cars together in my name. Then she spent the first 2 months of our lease shouting at me and throwing things. I moved out of the apartment for a week into my parents house, and on the first night I was out of the apartment she dumped me via text message. I have since changed the locks on the front door of my apartment and moved back in while her and her daughter have moved out. During the move out process she ran off with one of my cars, and one of the phones, and her friends who were "helping" ran off with about $4k worth of my stereo and photography equipment as well. The police were there when all of this happened, they said it was a civil matter and that they could not get involved and that I'd have to either handle the situation through renters and auto insurance, or take her to court. The police asked various questions about the car that my ex girlfriend stole from me and explained that because we had been living together that she had permissive use of the vehicle, and that since I had just bought it and registration had yet to be filed for on the vehicle I could not yet report it as stolen or missing. The police explained that as soon as the registration paperwork showed up in the mail and was filed with the local tax office, then I could report the car as missing or stolen to the police and handle it through auto insurance.
I was able to handle the cell phone with the phone company and it's insurance, that was easy. I am trying to handle everything else that was stolen through my renter's insurance, but that's becoming a hassle because the police did not file a complete report on the incident because to them it counts as a civil issue. I have gone to the police substation and submitted updates to the report on my own as well (including itemized lists of what was stolen).
Since then, one of my ex girlfriend's friends has been emailing me saying that my ex girlfriend would like to keep the car and make payments on its 5 year loan. A month and a half has gone by and no payment has shown up. Now her friend is sending me emails about how my ex girlfriend will make car payments if my ex girlfriend can get the washer and dryer that my ex girlfriend left in my apartment, which a local appliance store is trying to repossess from my ex girlfriend due to a lack of payments.
She says that if she does not get a response from me by july 10th, then she will get lawyers involved in order to get the washer and dryer from me and get a payment plan set up on the car for my ex girlfriend.
At this point, what are my options? What are her/their options? What am I in store for? Also, I kind of don't want to interact with my ex girlfriend, or her friends unless the cops, lawyers, or a judge are involved. At this point that seems like a more trustworthy situation than dealing with my ex girlfriend and her friends outside of court.
Legal advice would be much appreciated at this point.
| Your ex is not going to make payments on the car-you know that right? But she will keep driving it while you make payments.
Get whatever paperwork you need to report the car stolen. Advise ex you are reporting it stolen if it isn't returned in 48 hours. Report it stolen.
Don't discuss anything else with ex.Answer #2: >which a local appliance store is trying to repossess from my ex girlfriend due to a lack of payments.
I'd call the store and tell them to come pick them up. Answer #3: Is her name on the car's title? And did she make any payments towards the car at all before she ran off? |
Ex-Boyfriend wants to put down dog I have had for 9 months
| \[Massachusetts\] Two years ago my ex-boyfriend and I got a dog. We have broken up and I have owned the dog alone since then for about 9 months. I have had little contact with my ex since the breakup. Today he contacted me stating that he plans to put the dog down because she can be a bit aggressive at times to people she does not know. We already knew this when we got her, but we did so regardless. This has been concerning to me as he is the legal owner of the dog and I am not. I told him that I would like to keep the dog as I have been, as she's a sweetheart to me, but he told me that legally she is his property and if he wishes to put her down over a behavioral problem, he can. He has not been a part of the dogs life for a long time. I love my dog and would hate to lose her. Does his threat have a leg to stand on? Should I be worried? If so, what can I do to protect my dog?
Any information helps!
| Tell him to sue you if he wants the dog, and to stop contacting you.
Change the lock if he still has keys.Answer #2: I'm a bit confused. He says the dog can be aggressive with other people but he hasn't seen the dog for 9 months? How does he know it's been aggressive recently?Answer #3: The dog is living with you and you pay for food and all that?Answer #4: In what way is the dog 'legally' his?
Is it microchipped in his name? Does it has a medical file at a vet under his name? Is it still registered under his name with the city?
If that is the case, you might want to force him to change those to your name, you need him to agree, so you might use all the money you put in his dog as some leverage to have him change it.
If he has none of this, then he doesn't have any claim. Have your dog microchipped and properly registered to prove your own ownership. Also change your locks and make sure everyone around you knows not to let him anywhere near your house or the dog. He might try to steal it and put it down just to spite you.
|
Is there anything I can do about Jiffy Lube breaking my car?
| I took my car (2003 Chevy S10) in for an oil change thinking it should be simple enough for them. Everything was ok as I left but about 5 minutes down the road I started losing oil and just as I was able to pull into a parking lot the engine seized up. Called them back and they sent someone to come and take a look at it. Turns out they didn't put the oil filter back on correctly and it fell off shortly after leaving. They were able to replace the oil and put a new filter on but after this my engine began making a knocking sound so I took it into a different shop who told me that I had a rod about to break and that the most likely cause was lack of oil. Now my car is all but useless as the repair would be a few thousand dollars which, as a struggling college student, simply isn't feasible for me. My work requires me to have a car for transit so now I am forced to go into debt for a new car. I have the initial receipt for the oil change but they did not give me any other documents after they came out to replace the filter. Is there any legal approach I can take to get any compensation? In my current financial position I really do not know how I am going to be able to afford an engine repair or new car. Any advice would be much appreciated!
| You need contact the jiffy lube place and demand they “make you whole”, which is whatever the market value of the S10 was at the time it was destroyed by their negligence. Probably $3-4K. |
Accidental shoplifting.. Am I in trouble?
| So, the other day I accidentally shoplifted an item worth $89.99 before taxes. This happened in Canada.
I originally came in for the item (a hand blender) and a few other things. I went directly to the hand blender, picked it up, and took it to another area of the store. Found the other items I needed but had set down the blender while looking.
Bought a clothing iron and ironing board, used my credit card & phone number at the till for the rewards program, left. Realized I had forgotten the blender and went directly back in while holding my already-purchased items.
Here's where it gets sketchy (and ridiculously stupid on my end)... I grabbed the box for the hand blender, and put it under my arm to carry while I looked for one other thing I had forgot to buy. I just so happened to put it under the ironing board so it probably looked like I was concealing it.
One of my bags broke so I got frustrated, asked for a new bag at the makeup counter, and left. I was also experiencing a lot of anxiety which happens to me every time I'm in a store.. Probably why I didn't realize I had forgotten to take the blender to the till and pay.
The worst part is, I ran to my car after leaving the store because I wanted to get home and stop having anxiety. It wasn't until after I had unpacked the blender and checked my bank statement that I realized I hadn't paid for it.
I went back in the next morning right when the store opened to pay for the blender, but I'm so scared that an LP would have seen me acting strange on camera and got my info from the credit card and phone number, and submitted a police report.
So basically ever since this happened a few days ago, I've been living in agonizing anxiety and have been obsessively checking my mailbox to see if I have received a notice to appear in court...
Anyone have any advice or insight? Am I in danger of being charged? I kept my receipt just in case, but I also want to return the item. I'm afraid that if I return it, it will come across as suspicious.
Please help. I'm anxious enough as is, and this is just causing me constant anxiety on top of it...
| > Anyone have any advice or insight?
Get treatment for your anxiety.
If you went in and paid for it this is done. Forget about it.Answer #2: Youre totally fine you went and paid for it as soon as you could |
[CA] A TSA agent asked me to lactate in front of them to prove my breasts didn't contain bombs.
| I'm furious. I was going through TSA like anyone else when they randomly pulled me aside for a full body pat-down, which was going fine until they told me my breasts were suspiciously heavy. This idiot literally asked me to lactate in front of them to prove they didn't contain explosives. Their supervisor was even backing them up until someone else told them it was insane, and to put me back through their screening device.
I was humiliated in public, in front of my friends and coworkers. Can I sue them?
| [File a complaint](https://www.tsa.gov/contact-center/form/complaints). If the TSA does not handle your complaint effectively, speak to a local civil rights attorney. This is completely inappropriate. |
[MA] Former friend of mine is accusing me on social media of raping him after I ignored his texts for a month.
| [deleted]
| Take screenshots of that status so you can show the lawyer you're about to hire, which will slap him down with one quick C&D. |
(Canada/BC) Landlord is threatening eviction if we don't increase rent 700$/month.
| Background: we found this place online advertising for 3400/month, utilities not included. We checked it out and signed the lease for it as two people with the intention of getting more tenants to fill the other rooms. After signing the lease, they mentioned it's fine to fill the other rooms but we'll need to have them approved and it would increase our rent... We were pretty sure they're not allowed to do that, and to advertise a 4 bedroom place for X price, sign it over to two people for X price and then say it will cost extra to fill the empty rooms was bullshit, so we offered the room to some friends and didn't tell them.
Okay not telling them was probably a mistake, but now they've found out other people are living there and want to increase the rent over the signed lease agreement by 700$. What can we do? Is that legal in BC, Canada? What are my options here?
He says we need an answer in 2 days or he's terminating the lease at the end of the month.
| He can't terminate your lease like that, nor can he raise the rent without notice. He can't add terms to the lease after the fact. The lease COULD have included something on the number of people living there. Check.
Call the Landlord and Tenant Branch for help: http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/contact-the-residential-tenancy-branch |
(MT) Just got asked in a job interview if I was there to obtain company secrets.
| I work in a very specific industry in Montana. I've been at my current job for a number of years, and we recently got bought out and it's become a toxic environment and I want out. I went to a job interview today at a competitor, and the interviewer asked me in an accusing way if I was there to spy and steal information. Is this a legit question, or am I just getting insulted for nothing? I am wondering if I can take any action.
Thank you.
| Your action is to not work there. |
Would this be legal?
| So I was messing around on Gimp, and I thought of a great parody of the Walmart logo/slogan. Of course, for those of you that live in a cave, their slogan is: "Save money. Live better." with "Walmart" right above that text. And their weird yellow logo next to all of that.
My idea for a parody was "Save money. Live better." However, I replace the word "Walmart" with "Garden". And I make the logo look like a flower. I did not actually edit the yellow logo, it looks much better if I leave it the way it is, I just add things to it. For example a red circle in the middle, and a stem coming from it.
So my question is, it is obviously ok to do this, but if I wanted to use a site such as CafePress to make my design into t-shirts and things like that and possibly sell t-shirts. Would I get in any trouble?
I'm in the U.S
| Yes you would get in trouble. What you did isn't a parody. |
[AK] Girl I slept with filed a civil suit restraining order after I told her boyfriend what happened.
| [deleted]
| The ONLY thing you say today, is "I'd like time to get a lawyer". Nothing else. I repeat, Nothing Else!
And get a criminal defence lawyer, now. If you make a mistake, this could be jail-time. |
HOA...using police to enforce...painting? GA
| Gwinnett County GA. I have been getting constant phone calls and emails/texts from local police saying my home is looking unkempt and needs a fresh coat of paint. They've contacted me before when I didn't bring the trash cans in quickly enough or for other mundane things that I can easily resolve. I don't have loud parties or have a dirty home or anything else to complain about.
I had the exterior painted fairly recently and my handyman looked at it and said it does not need painting at this time. Is this even legal? More details can be provided if needed.
| >Edit - Update - she is a real officer with the city police department - title is "code compliance officer"
Does she live within the HOA? Is she doing this in an official capacity?
I don't believe publicly funded entities would be able to enforce HOA rules as HOAs are private organizations.Answer #2: Are you sure it's from a HOA and not municipal or county code enforcement?Answer #3: OP, you need to ask them "exactly what section of what statute" are you in violation of. Ask them to send you a copy. |
[NM] Brother is divorcing his wife, whose name is not on the house. She just left the house with mildew, piss stains, broken cabinetry, and empty of all appliances he bought.
| To keep it short, she is not listed as the homeowner and they had been married for maybe 5 months before he left and filed for divorce. After his lawyer basically told hers that he was getting the house, she started moving out. She took with her about 5k worth of appliances that were not hers and left significant damage to cabinets, carpet, doors, and trim. She also left all the doors unlocked, painted on the garage walls, and left windows open. I know that with them being married some of this may be tricky.
My question is; what can we even do about this?
Topic:
Custody Divorce and Family
| Your brother should handle this as part of the divorce process. The overall split of who gets what, who owes who what, et cetera, is figured out there.Answer #2: Make sure he takes plenty of detailed pictures of all the damage. |
I (23/f) have been working at a casino in the bowling alley center for years. Just found out about a hidden camera in a private room, that i changed in ever since I got hired.
| [deleted]
| How hidden is the camera? Is it the same level of "hiddenness" as in the other public areas? Answer #2: Change in a bathroom. In today's society especially in a casino, assume there are cameras everywhere. |
[ME] Ex-boyfriend stole from me. After I filed a police report, he said he will no longer pay me back the $800 he owes me.
| My ex-boyfriend moved out of my apartment last month. We live in Maine, and he has moved in-state. The day of, he gathered his things and also took my playstation with him, despite both verbal and written agreement that he would not (I paid for it but his reasoning that he should have it was because he “had the most games downloaded”, even though you can redownload games on another console through your own account). I filed a police report and they contacted him. He sent it back but then said that he wouldn’t be paying me back the $800 he still owes me.
This money was for his fair share of rent and bills, as we were both still on the lease. I have it in writing from him, through many Facebook messages, stating the amount of money he’s paid me over time (which can be proven through Facebook, as that’s where he’s sent the money) as well as what he still owes. He’d stated his clear intent a while back to pay me a certain amount per paycheck, and for the full amount to be paid back by mid-June.
Is this sufficient evidence to take to small claims court and have a strong case?
Topic:
Small Claims Procedure
| That sounds like enough to win a small claims case. The burden of proof is relatively low. The judge just has to think it more likely than not that he owes you the money.
Keep that winning won't guarantee that you get the money. He could simply not pay it, and then you would have to try to garnish his paycheck and/or bank account.Answer #2: NAL, but you should screenshot those messages so that he doesn’t delete it on both ends. |
IL: Landlord retaliating for not taking his early move out offer.
| Facts:
Our two year lease ends June 30th.
Landlord informed us that he has decided he wants to sell the house.
We've bought a house in the suburbs.
Moving early will increase commute by over two hours.
Narrative:
Our landlord informed us he wants to sell the house. We discussed with him the first time we'd be able to host viewings was going to be May 6th. We ended up going on vacation and gave him access twice during that time (pictures and private viewings). When we returned from vacation, our door was left unlocked. Landlord has tried to get us to accept an addendum to add his realtor as an agent. Landlord offered us the option of moving out one month early in return for leaving our house with our dogs and ourselves whenever he requested. When we declined, citing the lack of vehicle and options of places to go, he retaliated by telling us that we can no longer use the common area guaranteed in our lease (backyard). In addition, there was some damage from one of our dogs. He was going to charge us $100 in materials to fix it. We found a coworker with the necessary experience to fix it for $15 in materials. He denied our "contractor" access.
We have never mentioned that he can't come in, just merely he shift times by an hour. We were trying to be considerate by moving out early despite the increased cost and decrease in quality of life, but he wasn't seeing that.
Questions:
Can he deny us the right to use the common area?
Is there legal ramifications for retaliations like this?
Should we get a lawyer to protect our rights?
Are we being unreasonable?
Topic:
Landlord Tenant Housing
| You're not being unreasonable. It sounds like your LL is.
If the yard is specifically listed in your lease, he can't deny you access to it. He also can't deny access to your rental unit/yard to anyone you invite in (including a contractor).
I don't think you need a lawyer, but I might suggest you try to get him to confirm his 'denial' of access to the yard and the contractor in writing. You might send him an email stating, "I just want to confirm, we're no longer allowed to access the Yard or bring in a contractor to make minor repairs?" and see if he responds 'yes'.
I then believe you might sue him in small claims court after you move out if he continues to enforce the no-Yard-access. |
Statutory rape cases??
| Hey! I'm doing a research paper for school on age of consent/statutory rape cases and I was wondering if anyone could point me in the direction of analysis of court case briefings or peer reviewed journals on the topic. It would be really helpful!
Thanks :)
| Learning to google is a very valuable thing. type your question into google and remove unnecessary verbiage.
|
(Los Angeles) New tenant, car got towed after HOA ignored multiple requests for parking space/pass
| Hello! Pretty sure I'm screwed here, but figured I'd ask.
Been at a new condo for 4 days. I am going through a third party leasing company to rent the condo from a private owner. There is an HOA, but no onsite management. When I moved in, I was NOT given any information regarding HOA policies, parking policies, etc. One week prior to moving in, during the application process, I informed the leasing company that I needed to rent an additional parking space for my motorcycles. They've told me that the HOA liason has been ignoring them and not returning their phone calls for ten days (as of today). I have called the HOA liason and no one has answered.
My motorcycles are parked in my assigned subterranean parking to keep them safe from the elements, and I have been parking my car in the parking spaces out front of the building. These (http://imgur.com/jpkgg3S) signs are posted there, but there is literally no where else to park.
Since I am a legal tenant, not a guest, and I have been ignored by the HOA, do I have any recourse?
Also, the signs mention something about a parking pass... As a legal tenant, shouldn't I have been given these passes at the same time I was given the keys to my unit?
Thanks in advance
| You need to deal with your landlord, i.e. the leasing company, not the HOA. The HOA has no contract with you, or any requirement to talk to you in any way. Parking passes in condos are typically given out to unit owners.
Your dealings should be with your leasing company.
Also, it's worth noting that no one is required to give you anything that isn't spelled out in your lease. If you needed to lease an additional parking space for your bikes, you should have spelled that out in the lease that you would receive parking passes, additional spots, or whatever else you wanted.
You should be able to get them through your leasing company, but if they really don't care enough to bother, you can't force them to do so. Answer #2: If you were towed for parking in your assigned space then they would be liable for the costs.
But it sounds like you were towed in a visitor parking space without a permit, so that is on you.
It sucks, but this is why people dont like living in HOAs.
They probably towed you when they realized you were a renter. Owners dont normally like living next to rental tenants.
They may also be delaying giving you a pass because they dont like that the owner is renting out the unit.
Next time you rent get the passes at the time of signing the lease or hand write on the lease that you can withhold rent until they give you the parking passes you paid for. You can also hand write they are responsible for any towing costs while you are waiting for your parking permit.
You basically need to find or rent a place to park your vehicles until you get the pass from the HOA. |
Flood in parking garage, building liable?
| There was a flood in my buildings parking garage. I had three motorcycles parked where it was deepest and now won't start.
Management sent out an email saying there was a flood but I didn't read it until after damage had been done.
What's my recourse in NY?
Edit.
Update
Ny attorney says the building is liable. Im having the bike fixed and initiating a small claims with that invoice documenting the damages.
| Your building is only potentially liable for the damage if you can prove they caused the flooding somehow, either through action or negligence. *Why* did the building flood?
As is, your best bet now is to report the matter to your insurance company and go from there. Answer #2: Call your insured company. You have full coverage right? |
Is this protest in Raleigh illegal?
| Hello Legal Redditors!
Recently, the Raleigh, NC city council has adopted an ordinance that will limit the use of the public sidewalks to local businesses that obtain a permit to occupy the sidewalk. Some people are [protesting this ordinance](http://www.wral.com/raleigh-protesters-bring-their-own-patios-to-protest-sidewalk-ordinance/14919537/), by bringing their own furniture to sit outside businesses that have been unable to obtain a permit. [The ordinance states that it will not issue permits to anyone except businesses](http://www.raleighnc.gov/content/CorNews/Documents/OutdoorSeatingOrdinance.docx) ( 12-2121 (c) ). Can these individuals be cited for breaking the law? It just seems strange since they are individuals, not businesses, and have permission to occupy the sidewalks.
[Possibly relevant information](http://www.raleighnc.gov/business/content/PlanDev/Articles/Zoning/PUPS.html)
Topic:
Other Civil Matters
| they can be charged with obstructing the public sidewalk/right of way. Answer #2: The individuals likely cannot be cited for breaking that particular new ordinance. However, they can most likely be cited for something like obstructing a public thoroughfare.
Just because the sidewalk is public does not mean that anyone may use it however he or she pleases. While there might be some First Amendment claims attempted given that this is couched as a protest, but it remains possible to restrict the time, place, and manner of use of public spaces provided that such restrictions are content neutral and reasonable. |
Sexting with a minor
| I was holding a tinder conversation with someone. She had said that her 18th birthday was that morning and we had agreed to meet up. In the text conversation sex was implied. On her way to my house I received a message from her father from her phone number, he said that she was 17 and that she had injured herself on the way to the house. Later I was told by a detective who called me that she was from California and that although she was in my state (where the age of consent is 17) when the sexting occurred since she is a resident of California their laws apply to the case. Do they have any case at all?
| This is a scam. The whole thing is made up. Just block and move on. Answer #2: It’s all a scam. Ignore.Answer #3: They'll be asking for money any moment now.Answer #4: When the “detective” calls that’s part of the scam too. |
50/50 custody of a small toddler,
| [deleted]
| Under your circumstances the father should lose the case, the court should be able to determine that you're more fit and able to have the child most of the time. |
Damaged a countertop in the home I'm renting, now landlord is trying to get me to pay to replace all of them
| A couple months ago I damaged some countertops in my home by placing a hot pot onto them. The countertop is all one piece and needs to be entirely replaced which I have no issue with. However, the opposite countertop matches and the landlord says she needs to replace the opposite countertop as well so that they will still match. Is this legally allowed? I've read that the burns to the first counter qualify as damage but can she charge me to replace the other one when it is not damaged at all, on the basis that they must match? I live in California currently.
Edit: here is a picture of the damage [right here](http://tinypic.com/r/6zo9lj/9)
Edit 2: imgur links of the damage
http://imgur.com/g47W2pC
http://imgur.com/AIS9RwB
| Are these granite, Corian/quartzite, or cheap Home Depot plywood-with-veneer countertops?
Outside of some narrow use cases, it'd be a lot easier to just take a picture and get something that matches from the go rather than replace them all in one whack.Answer #2: You may possibly not even be liable for the full price of the damaged countertop- you are responsible for paying the depreciated price after x many years wear and tear.
From a practical standpoint, do you know what the countertop surface is made of? Laminate, corian, tile, what? Some of these are easier to match than the others.Answer #3: Everyone else has you covered, I just want to ask that you post an update on this sub whenever the issue is resolved. We love to read what ultimately happens in situations like this.Answer #4: Whatever you end up having to pay... Check with your rental insurance on getting it covered. |
Somebody is moving things around on my property when I am not home. (Colorado)
| [deleted]
Topic:
Other Civil Matters
| Then put cameras up.
This isnt a legal question. No one here knows what the ghost wants. Answer #2: Sounds like you live near some annoying bored teenagers. |
Just started a finish carpentry business. Did around 17k of work for a general contractor this winter, and now he won't answer calls/texts/emails about paying me. Help!
| (Canada)
Sorry this is kinda choppy guys, I'm not a great writer.
So last fall,
My neighbor works in a very lucrative field. Makes lots of money, and generally works on a week on/week off schedule. I started chatting with him at one point, and he told me that with his spare time/money he builds high end houses. I mentioned in the conversation that I work construction for my day job, and do a lot of finish carpentry on the side. He asked me about doing the finish carpentry for a house he was building that winter and I sent him a very detailed quote. He looked it over, and emailed back saying "it all looks good", and I got verbal confirmation from him later to go ahead with the carpentry with him supplying materials.
He and his family moved a short distance away just before I wrapped the project up, and now he won't respond to any attempt on my part to contact him.
I was coordinating with subtrades, and saw the home buyers multiple times while I was working there, I have a pile of texts with questions about job details, so I don't think I'd have any kind of problem proving I was the one doing the work.
His company website has been taken down, and his social media feeds are dead now, so I'm kinda freaking out.
It was a lot of money for my wife and I, and worked like crazy trying to get it done in a reasonable timeframe despite working full time hours at my day job. A lot of nights with barely any sleep between jobs.
Any ideas how to move forward from here?
| How long has it been since you've finished the work? The typical remedy is to file a mechanic's lien on the house, but there are usually strict time frames you have to adhere to. |
(New York) Gas fumes in the apartment from body shop downstairs
| I live on the 2nd floor of a 2-story unit with a garage/body shop on the first floor. They repair cars and use Bondo inside the garage, which causes potent chemical fumes to propagate to our apartment. These strong smells linger and cause headaches and nausea for me and my 2 roommates. We have been in contact with our Landlord about this issue for the past year, and he has patched up some pipe holes and put a fan in the garage, but the smells are still there every time they use Bondo (several times per week). We have been stressing to our Landord the urgency of the situation and he hasn't been doing much. Once he told me "If you don't like me, move out". We don't have a lease and pay month-to-month by check. What can we do? Can we withhold rent until this is fixed? Can he kick us out? Are there city inspectors that can help us or tell the garage to stop using Bondo? Not sure what to do.
Reddit, please help.
| NY has a tenant law called the Warranty of Habitability, which covers threats to life, safety, and health. Odors are the most difficult issues for the courts to handle because they are subjective and transitory and because there is no established standard under New York law for measuring odors. If anything, you would more likely be able to get a rent abatement which has to be ordered by a court. If you have a paper trail establishing this has been a long standing problem and the landlord hasn't done enough to remedy it, you may qualify for a rent abatement. FYI, in NY you can audio record someone without their consent, so that may be useful if you can't keep all conversations in writing. |
4th Misdemeanor DUI but I wasn’t driving.
| Posting for a friend. I got charged for a 4th DUI but I wasn’t driving. I was pumping gas 50 feet from job and waiting for my wife to pick me up. As I was pumping gas (keys where out of the ignition under the seat while my wife came to get me) 3 police car surrounded me and pulled me over. Should I get an attorney?
| >I wasn’t driving
>I was pumping gas
Did you *push* the car to the gas station? Gods yes, get an attorney.Answer #2: Yes, you should get an attorney. And they may have watched you drive to the gas station.Answer #3: Can you edit the OP to be consistent about who is talking? Use first or third person, I don't care, but use the same one throughout.Answer #4: How did you get to the gas station?
You need a lawyer. You also need a location but in most jusridictions there is some version of care and control that means you can get a DUI even if at the moment the police came over you were pumping gas and not actually driving.
You should also look into some program to deal with alcohol abuse. Answer #5: You have not provided your location, but in most jurisdictions, a 4th DUI would almost certainly involve jail, if not prison time. You need an attorney, and you need treatment for substance abuse. Start with an attorney. Let him advise you on how to get substance abuse treatment in a way that will help your case. |
Company policy prohibits talking to other workers about their wages. Is this legal?
| I live in North Carolina and the employee handbook states that it's a violation of policy to discuss my wages with coworkers or for them to discuss theirs with me. I know North Carolina is backwards, but is this really legal?
| Employers cannot forbid employees – either verbally or in written policy – from discussing salaries or other job conditions among themselves.
Discussing salaries is considered a “protected concerted activity” by the NLRB and it’s protected regardless of whether employees are talking to each other in person or through social media.Answer #2: Thanks guys, that's what I thought. Answer #3: Nope, not even close. |
Can I legally have a PS system hooked up to my car using CB radio so I can tell other drivers to gtfo the way?
| For instance, there is this road where I live that has it's own turning lane when turning right. There are signs saying DO NOT STOP. There's no reason to stop because you have your own lane.
It would be nice to just give the person in front of me some nice vocal input. You know? Not to be mean but "hey, the sign says don't stop, could you please move?"
​
I honked at this guy once and he threw his arms in the air like he was saying "WHAT!? I don't have anywhere to go there's traffic coming!" Which isn't the case. It only appears that traffic is coming but it's a three lane. Your lane is it's own lane, you don't have to wait on the streets to empty.
​
I don't want to get out of my car and tap on the window. I don't want to be that guy but I should be allowed to tell them to FUCK OFF and MOVE. Now, I know it's illegal to carry a loud speaker but I haven't seen where I can't use a PA system.
Topic:
Traffic and Parking
| Most jurisdictions have laws governing horns, and additionally governing devices that generate unnecessary noise. Call your local transport department.
I'll note that you are not empowered to enforce traffic laws, and going out of your way to yell at other drivers - that is, to _distract_ other drivers from the task at hand - is generally considered somewhere between a dick move and recklessly negligent. If you cause an accident this way, your rates are going to hit the roof. |
How do I get custody of my son to keep him safe. I'm from NH and my Ex-GF went to live in Maine.
| My Ex and I ended our relationship back in December of 2015. We were in a relationship for 6 years.
So from December:
I was on a work trip and could not be back in my home state. I was paying $600 per month for an agreement we came up with . I also paid for our car which she was late on payments for January and February to a total of $664. This payment situation ended in April when I came back home and needed more money to afford rent and she agreed this was ok. I also paid for insurance back in February to cover car insurance until August 2015.
Currently the past agreement we've had is I have him from Friday morning till Sunday the next week. Total of 10 days. She gets him from that Sunday until Friday morning. total of 5 days So on and so forth. I recently had him from May 29th to June 19th. One week was the original agreement then I asked if I could have him for another week so she could work overtime at her work and accumulate a stable cash flow. Third week he apparently had a double middle ear infection and I wanted to be absolutely certain he was healthy by the time he went back home.
Biased background on my Ex: She has horrible financial skills, the worst work ethics I've ever seen and is seething in debt. She also has mental instability issues which she takes medication for. Smokes in the house she lives in (My sons clothing reeks of cigarette smoke when he comes over, she completely denies it). Currently lives in a home with her friend and friends boyfriend who has past domestic abuse cases against him. The car she drives is registered and inspected in NH, she has been living in Maine since December, 2015. She has applied for food stamps and health insurance through NH.
Currently, she takes our son and then gives him to a 17 year old babysitter for long periods of time. This 17 year old has suspicions that we are child molesters and reported this to my Ex. Ex has accused my girlfriend of child molestation, Then takes it back and apologizes on Facebook for it. She openly admits on Facebook messenger that she no longer has been taking her medication. She has also been bouncing back and forth between two locations in Maine.
To be absolutely clear, I'm worried about the health and emotional damages she may input on our child. Is there any way for me to gain full custody or at least have her on visitation? We currently have no court order but she just attempted to serve me papers in Maine for the Rumford Court system, without a copy for myself to take. I called the Legal Aid for NH referral hotline back on Tuesday. They have an appointment for me on July 1st and no one can give me any advice till then...
I was going to do a No Contact Order through my local court system but I believe there is way more that I could do.
Topic:
Custody Divorce and Family
| Even from your biased account, there is absolutely nothing in what you wrote that will make a judge restrict custody or visitation. I don't even get what the no contact order is for or why you think you need one. |
Asking for a release from non-compete
| Columbus, Ohio.
I'm looking to politely ask my employer to release me from my non-compete agreement. I'm currently pigeon holed at my current position and have no other options to move up in my career. How should I approach this?
| "Politely" is your best option. They're really under no obligation to release you from it. I'd also keep in mind that they can fire you if they think you're trying to get out of your non-compete.
It also might be worth having a local employment attorney review your non-compete to see if it's valid in your location. |
Met a Girl From Another State - Need Advice
| I met a girl on facebook just by chance. I am 20 years old and she happens to be 16 (she initially told me that she is 17, which she will be soon). She lives in Colorado and I live in the midwest. At times, I feel as though this is weird, but we really do like each other and have been talking for quite a long time. If we were just a few years older, this wouldn't be so awkward. She has had a long distance relationship before with someone who was not a minor, and her mother found out and was apparently livid.
I definitely worry that she is an undercover cop at times, but that seems HIGHLY unlikely. Her facebook has been active since 2010 and she has sent me pictures of her driver's license to prove that she is not a cop.
My other concern is that, by going to visit her at all, I would be breaking some federal or state regulations. I'm pre-med and have a 4.0 GPA, so a lot is riding on me not getting a criminal record for visiting a love interest for a romantic weekend.
I definitely worry about her mom finding out if I come down to Colorado. Would she be capable of getting my in trouble with the law if I did visit and she did not know?
| Well... "weird" is a nice way to put it. "Creepy," "icky" and "yuck" are other ways. You are an adult in college, and she is a kid still in high school. She's, what, a junior? C'mon.
If you really care about each other, then wait to meet until she is 18. And don't even think about any kind of sexually explicit photos or communications. Otherwise, yes, you risk running into various kinds of legal trouble, especially if her mother is opposed to this. |
Constant spam calls wanting to "lower my interest rate" from a number that changes often and that belongs to someone else. I am on the federal do not call list and have asked several times to stop receiving calls. Still persists.
| I have been receiving scam calls from a company that refuses to identify themselves and is routing their call through some random persons phone number so I can't call them back or report them to the FTC. I have been on the federal do not call list since May, which stopped most other spammers, but not this one. I have tried ignoring them, but they persists. When I connect with a real person they hang up when I ask for their information or to stop receiving calls. Is there anything I can do to have them stop calling me or to force a company name/phone number out of them? It's getting increasingly annoying. Thank you.
Edit: I live in North Carolina
| It's largely a fact of life at this point and has no real, viable remedy as of yet.
Block the numbers as they come in. Alternatively, there are several free apps for both iOS and Android that purport to automatically block calls like this so you don't receive them at all.Answer #2: These are criminals, quite possibly located overseas, so no, there's really not much you can do to stop them. [What the FTC says](https://www.consumer.ftc.gov/blog/2015/08/whats-deal-rachel-card-services-your-top-3-questions-answered) |
Violated my ACD... now what?
| Back in January I was arrested for criminal possession of a controlled substance in the 7th degree (LSD) and was given a 6 month ACD thanks to my lawyer. This past weekend, I was pulled over for speeding and a busted headlight. The officer smelled marijuana in my car and I knew they were going to search me so I handed it over and was temporarily detained while they processed my tickets, and they ended up letting me drive home. Currently I have three pending traffic violations and an unlawful possession of marijuana ticket... Seriously worried about how this will affect my pending ACD and whether or not I will end up with a criminal record. Any responses/information would be appreciated. Edit: All of this happened in Erie County, New York.
| 1. Hire an attorney.
2. Seek substance abuse treatment. |
HOA Board Member resigned due to disagreement, immediately threatening to "take it to court"
| [CALIFORNIA]
Hi all,
We just had a board member resign due to a disagreement about how to handle repairs within our small condo community. The board was going back and forth on whether or not we should "force" individual units to have inspections and further "force" the units to repair anything that came up in a given inspection. This member asserted that we had the right and should use it to do the fore-mentioned, while the rest of us were unsure that we had such a right, and further that we might not want to assert it for trivial issues as it might foster a toxic environment within the community. The member disagreed (this was during the initial discussion, there has yet to be an official vote on the matter) and resigned following-up with an aggressive letter saying they wanted to take it to court as we were acting against the governing documentation.
I really don't see this going anywhere but court as the specific individual is rather cantankerous and seemingly vengeful, but I was wondering what the /r/legaladvice community has to say in terms of general advice.
I've looked through our docs in the sections that the individual kept citing gave us the said rights, but I don't see anything that says we "have to" force such inspections/repairs on individual units. Rather, it says we _can_ do so if we vote on it in which case we _do_ have the right. Assuming, I interpreted the documentation correctly, is there anything in California law that might lend more weight to the cantankerous individual's argument (i.e. is there a CA law that states HOAs _have to_ make sure all individual and privately-owned units are kept to a certain condition)? I'd like to keep this out of court, obviously, so when we have a final sit-down with this person I'd like to know potential traps we may be walking into.
Please let me know if anything is ambiguous.
Thanks!
| Suppose that the documentation does give you those rights.
It is still going to be *discretionary*. You are not causing tortious harm to the former board member by using your discretion not to apply a rule. Your former colleague is an example of the kind of person that makes people hate HOAs. (FWIW, I don't love or hate HOAs. The one that governs where I live is great -- in part because we hire a management company for the day-to-days. Petty, vindictive assmunches aren't a problem where I live.)
Just based on this superficial reading of what you've presented, I can't see that he has any cause of action or legal claim against the HOA. That doesn't mean he doesn't have some other legitimate axe to grind, or that he won't invent something to sue over just to harass you. |
What happens to undocumented people with an unclear country of origin?
| I wrote a story once about a person from another dimension landing in California once. She appeared human, and spoke with an odd accent. Without documentation, if she got caught without proof of US citizenship but it's not immediately obvious where to deport her, what happens? Detention center indefinitely? Deported to the closest guess of a country?
| That person would be likely considered some manner of stateless. There are several UN conventions regarding statelessness where signatory countries commit to reducing statelessness. However, the United States of America is a party to neither.
https://en.wikipedia.org/wiki/Convention_relating_to_the_Status_of_Stateless_Persons
https://en.wikipedia.org/wiki/Convention_on_the_Reduction_of_Statelessness
There is also a nationality subsection regarding foundlings (children found in the US with unknown citizenship). Here are a couple good articles about that one real and one a thought experiment:
https://www.ilw.com/articles/2007,0123-nugent.shtm
https://www.diversetechgeek.com/2014/09/24/superman-citizenship-adopted/
Answer #2: This is actually a pretty big issue - statelessness, not trans dimensional humanoid visitors.
UNHCR estimates there are 3.5-12 million stateless people in the world right now - it’s a huge issue with a lot of nomadic/refugee/guest worker populations.
https://www.state.gov/j/prm/policyissues/issues/c50242.htm
https://en.m.wikipedia.org/wiki/Statelessness
Answer #3: Well... you ask the person. They'd likely get deported to their country of origin. If they're lying that country will likely deport them as well, if not that country would have the resources to look up their identity. If they've lived somewhere for a while but have no official identity paperwork (e.g. children of sovereign citizens) they'd have to prove proof such as school paperwork, witnesses, etc to get official identity paperwork. |
Can a police officer stop you without pulling you over?
| So basically I was coming down the road and a police officer had someone else pulled over on the opposite side of the road. He sees me coming down the road and walks out into the middle of the street and tells me to pull over and wait till he's done. So after he walks over I give him my license and all my paper work, he asks me if I still live on the address on my license, I tell him no I just moved there. And he tells me I was going 41 in a 30, but my speedometer isn't working so I told him I didn't know o was speeding. Anyways I end up getting a $116 ticket for failure to update my address before 10 days. How could he know it wasn't 10 days? And is the way he stopped me even legal?
Edit: this is in florida
| > And is the way he stopped me even legal?
Yes, it's perfectly legal. The car is not what gives him authority.
> How could he know it wasn't 10 days?
Either you told him, or he believed so due to your demeanor. Do you have evidence otherwise? |
(South Carolina) Legal opinion on a CCW shoot requested. Includes video.
| [deleted]
| I didn't listen to the commentary but you're asking about the seated customer firing on the gray sweatsuit guy?
looks like a fair use of deadly force in self defense and defense of others in any US jurisdiction. I don't really see any complicating factors. robbers both had guns. they were using the threat of deadly force to commit a crime. they were still in the building. no retreat or attenuation of time. totally fair game. Answer #2: That seems to be a good shoot. Using the language of the video, I think had #1 and #2 been walking out it would have been a bad shoot, but when #1 turned around and walked back towards the back, the deadly situation was ongoing and the shooter was well within his rights, both in terms of self-defense and defense of another.
Even if SC was a duty to retreat state, once #1 walked back towards the back of the store any avenue of retreat was cut off. It would take a ballsy prosecutor to charge the shooter. I don't think there is a state where this wouldn't be legit. Some people might object to the fact that the initial shot was to the back of #1, the shooting appears objectively reasonable on video. |
Fender Bender, guys fishing for cash.
| I was dropping my parents off at the airport on October 5th 2017, after doing so I realized I was in the wrong lane to go home, and when I had turned right, I bumped into the drivers side door of a White 2011 Chevy Silverado, we got out, talked and he even helped me file a claim seeing as how I’ve never done it before (18yrs old). 2 months later he now has an attorney and is claiming injury to a passenger, even though there clearly wasnt a passenger in his car. And if there was, why didnt they state they were injured two months ago?
Any advice?
Topic:
Douche
| > 2 months later he now has an attorney and is claiming injury to a passenger, even though there clearly wasnt a passenger in his car.
Without knowing the context of the "injury to a passenger" claim (does this language come from correspondence you received from the attorney, from a lawsuit filed against you, etc.), this very well could just be statutory language referring to injury to a person that was inside the vehicle - i.e. the driver.
> And if there was, why didnt they state they were injured two months ago?
Injuries don't just show up over night. A car accident can result in muscle strain, herniated discs, etc., and those can take time to cause pain or other symptoms. It's not uncommon for months to pass before an injury claim is made.
You pay your insurance to handle claims like this for you. Defer to them. |
Grandparents going after me for visitation, guardian ad litem is suggesting they’re awarded it
| Throwaway account here
I’m in Ohio and the father of my child has been in prison for the past 10 months with another year to go. I have no relationship with him and had been awarded a protection order against him in the past.
My child is 20 months and has lived with me and my parents for the majority of the baby’s life. About 6 months ago, his father filed for custody (yes, while he was in prison). He eventually dropped that case and as soon as that was dropped the paternal grandparents filed for visitation. As of today, the guardian ad litem is suggesting they get every other Saturday for 8 hours.
I had a feeling they’d be awarded something but this seems excessive. They’re manipulative people with the father having a domestic violence case brought against him in the past. I should also bring up that the guardian ad litem went to the same high school that this family sends everyone to, which is a fairly prestigious school. When I brought up that this family has a pit bull and I was worried about my child’s safety, the guardian ad litem also mentioned owning a pit bull.
I feel like I’m up against a wall with almost no options. Do I keep fighting this (this has been expensive and I’m bleeding money) or do I just look to move out of state to get away from them?
TL;DR guardian ad litem awarded grandparents visitation every other Saturday for 8 hours, seems excessive and I don’t know if I should keep fighting
| Sorry, owning a pitbull makes both the grandparents and the gal unfit?
You need more than this. Answer #2: >or do I just look to move out of state to get away from them?
Moving out of state during a pending custody hearing is a good way to end up giving the grandparents more time with the child. If you don't like the amount of time, come up with an alternative with your lawyer to counter their offer. Answer #3: Ask your lawyer. |
Police officer lost my drivers license
| So I was driving my friend's car and I got pulled over. The police officer gave me a ticket for no proof of insurance and no front license plate (it was there just not "visible") the officer took my license with him and about a week later I got an envelope in the mail with my driver's license and a letter saying that a person found it in the street that I was pulled over on. I have court in 2 weeks what should I expect to happen?
| You may complain to the police department but it won't have any bearing on your ticket. |
Why are sovereign citizens so obsessed with maritime law?
| Excuse you. That’s ADMIRALTY Law. |
|
[MD] What is the legality of "spouseware;" that is, apps and programs designed to spy on your spouse and children?
| I'm giving a presentation on the security aspects of apps and software that people used to track their spouses and children. These programs can record phone calls, ambient audio, text messages, photos, and other things like that.
[This article](https://reason.com/archives/2018/05/31/to-spy-on-a-cheating-spouse) suggest that it may be legal in some cases to use that type of software. However, it seems to me like that might run a foul of recording laws or maybe even wiretapping laws. But, then again, these companies are allowed to sell their software while advertising that is spies on people without their knowledge.
Is using this sort of software to spy on one's family legal? What legal recourse might a person have if they're spied on in this way?
| >Is using this sort of software to spy on one's family legal?
Depends on the method and specifics of the spying, as well as location. There's no blanket, one-size-fits-all answer. Can I use GPS to track a car that has my name on the title? Likely, yes. Can I tap into my wife's phone and listen to conversations I'm not a participant in? Likely, no.
>What legal recourse might a person have if they're spied on in this way?
If they're spied on in an illegal fashion, that's generally a crime, and as with most any crime, the police should be called. |
(SC) HOA Towed Rental Car
| Hi LegalAdvice,
I’m in a bind here and I have no idea what to do.
Here’s what’s going on:
When we moved in the parking was a free for all, first come first serve. A couple years after living here the HOA decided to implement a parking pass system. They set up roughly five “visitor” parking systems and the rules are as follows:
Residents are allowed two parking spaces and need to register the car with the HOA,
Temporary passes are allowed,
Visitor parking is for visitors only and any resident that parks there will be towed.
So, when my car broke down on Friday night the office had already closed and I want able to get a temporary parking pass. Unfortunately, there are two residents in our unit that park in the only two visitor spaces on our side, and the remaining spots on the backside were full. No way to get a temp permit, no way to park in visitors spots.
Because we’ve all lived here for a long time, we park in the same spot right in front of our condo. I parked there because it was open. I also had a rental car for a week last year and while it wasn’t ideal, the same thing happened and the rental was never towed. No issues.
So now we’re trying to find the car. The signs have tow company XYZ. We call, they don’t answer. We call the HOA and they say oh no, we use a different company now. We use ABC towing and here’s their number.
Well ABCs towing doesn’t exist in google and the number is out of service. So now I have no idea where the car is and have no idea how to find out. We’re calling local non-emergency police number in hopes that they might have some sort of record about this.
Now here’s my questions: First, how tf do I get my car back? And second, how can they enforce some of the rules some of the times for parking, but not others? It seems like this is picking and choosing. And if this whole parking thing started after we moved in, shouldn’t we have been grandfathered in? My lease says that we have access to the entire parking lot.
| Call whoever gave you that number back and tell them the number doesn't work. As for the rest of it, that's stuff you have to take up with the HOA. In the future, if something like this happens, you probably need to leave a note on the car explaining the situation, who you are, what house you live in, and your phone number so you can at least have a fighting argument that they *knew* the circumstances surrounding the car with no pass. |
Road-rager threatened me with his gun. Already called police, but will there be anything more?
| As the title states, an angry and clearly disturbed individual decided to express his road rage by getting next to me and flashing his gun. This is definitely illegal, no question, I slowed down enough to snap a blurry pic (it's snowing and I did by best) of his plate and the back of his car. Called the local PD, gave them all the info they asked for. An officer left me a message a few minutes later saying they couldn't find the vehicle in question but they will be checking the same route to see if this is part of his normal commute and catch the guy that way.
My question for you knowledgeable bunch is will that guy actually face any repercussions? Let's say they pull him over tomorrow morning, he still has his gun in the car, and he's got his CC permit. What will the officers do? Warning? Arrest him? Would I need to press charges or give a statement or anything?
Thanks for your time.
| No one can say what will occur. Maybe he is charged with something, maybe not. Maybe it's serious, maybe it's not. You've done your part by remaining safe and reporting the incident to law enforcement. You do not need to "press charges." You've made your complaint and provided your evidence, that's your part in this for now.
That said, brandishing a firearm like that is, I assure you, illegal and irresponsible regardless of permit. Depending on which state issued it, that could easily be grounds to revoke it. |
My girlfriend’s mother is a meth addict and her boyfriend is selling even though he’s in probation. There’s an 11 year old and a 17 year old in the house. We want to call DFS.
| I’ve never had to do this before, but I guess that title explains everything. What do I do? How do I approach this? I’m in Missouri. My girlfriend and I have made the decision to do this. Thanks for your help.
Topic:
Drug Possession
| Get the police involved as well. Answer #2: Call the cops and report it. Now. Even at this time of night. Like right now. Do it for the 11 y/o’s sake. The sooner they know the sooner they can get the kid out of there, and the sooner they can get the kid out of there the better. Answer #3: In addition to calling the police, which you should be doing NOW (get to that), you may also want to contact the Missouri Department of Corrections: Division of Probation and Parole, since the boyfriend is on probation.
When you call the police, be as specific as possible. Tell the police when you exactly how you know the mother and her boyfriend are drug addicts. What have *you* seen, what has your girlfriend seen, what drugs are being used, when, where, how long this has been going on.
In fact, write down what you know **now,** and get your girlfriend to write down everything she knows (or record saying everything you know about this case). That writing isn't of itself cannot be used as evidence, but you can keep it around to remind you exactly what you know if you are ever called to testify in court (you won't be able to read from it during the trial, but you can reread it and keep recalling your recollection up to the minute you are called to take the stand.) Your memory is going to slip, so put down as much as you can to paper now. |
[US][CA] What can the Census Bureau do to an HOA that instructs its staff not to allow bureau interviewers on the property?
| As an initial note: this has only been brought up unofficially. We have attorneys, and if this is brought up officially, I'll have to get them involved to explain why this is a horrible idea. What I'm hoping for with this post is to make myself better able to explain, in unofficial discussions, why this is such a bad idea that it would be a waste of our attorneys' time to even discuss it with them.
I am the president of the board of an HOA governing a condominium complex of eccentrics. As such, I sometimes receive rather odd suggestions.
At present, we're part of the 2016 Census Test, and several residents did not return their questionnaires, resulting in census interviewers coming out to ask them in person. This has made a handful of residents uncomfortable, and they have suggested that we could instruct our door staff to deny them entry into the building, to force them to make appointments, or to otherwise prevent them from entering the building and going to the condo doors without explicit permission from each resident. I've pointed out that we can have the staff check their credentials before allowing them entry, but this does not appear to be enough for some residents here.
I don't really understand this issue, and generally see needlessly interfering with a federal agency to be like poking a friendly but easily irritated giant dragon. I feel like even asking our attorneys about the matter would be a waste of our money.
However, in hoping to explain this to people making the suggestions, despite being rather certain that there could be significant consequences, I'm not sure what those would be. The illegality of refusing to answer the questions as an individual, and the unlikelihood of actual prosecution on that (nothing since 1960), is clear. But what could the bureau do to an organization that tries to prevent its legitimate officials from going about their business?
| People who interfere with a government agent performing their lawful duties can be subject to arrest and charges against them personally. Don't ask your employees to do this. Answer #2: The penalty under Title 13 (coupled with Title 18) is a $5000 fine for failing to respond to the Census (including tests and other surveys, such as the American Community Survey), and $10,000 for providing false information (it's lower under Title 13, but Title 18 reforms the sentencing). To my knowledge there is not a legal penalty for interfering with the performance of duties of Census employees, however, as far as an organization (legal entity like a HOA).
The reality is that the Census Bureau is not in the habit of fining people. The last time someone was fined was in the 60s/70s. The official position is that it is more beneficial to gain positive cooperation than use intimidation. The Census Bureau itself does not fine people -- it is a statistical agency, not a law enforcement agency. If they felt it was necessary to fine an individual or entity, the matter would be referred to the Justice Department for action. While being penalized is technically possible, in actuality it is not going to happen. No one will be arrested (unless they do something like assault a Census employee, and that would be a matter local law enforcement would address).
The best you could do is perhaps explain the benefits of allowing Census employees to collect information, and how that information collection benefits your local community. |
Can I file a lawsuit against a nightclub with a known phone stealing problem and management that refuses to help?
| Got my stolen from my purse that I was wearing within 10 minutes of entering a nightclub a 3 weeks ago. Unable to track down the phone as the thief turned it off but I have proof it was stolen from there. 7 different Yelp reviews mention multiple similar phone thefts and the management not caring about it or providing video to help. I left 3 voicemails and messaged on both facebook and twitter about my lost phone, asking if it was ever turned in and to please give a response even if nothing was found. It's been 3 weeks and I haven't heard back. I lost 3000 photos of travel and my graduation along with an $800 brand new phone. It has caused me extreme distress knowing all my photos are gone. Something is incredibly shady with the club and unresponsive management here. Could there be a lawsuit here? Thanks.
| The club isn't the police. It isn't their responsibility to solve crimes. Even ones that take place on the property. |
[Manitoba, Canada] Wanted to buy cocaine outside the bar last night and stupidly let some guy use my phone to make a few calls before he ran off with my phone. What are my options?
| I'm not really interested in filling a police report for a drug deal gone bad, but my phone record will have a close friend of his as the last three calls before it was taken. Also I know what bar he'll be at tonight and would rather not try and hunt him down if I don't have to.
| If you know where he'll be or you have find my phone - you should make a police report and let them pick him up. I wouldn't mention the cocaine part to the police.
Do not try to "self help" on this issue. You are not batman. |
My father is having me pay him rent without a contract, is this extortion?
| My father is having me pay him "rent," every month to be able to live In the house that we've lived in for 17 years. I'm 19 years old, and have been paying rent for almost 6 months now.
At some point I asked him if we could have some form of contract to make things clear after he threatened to kick me out once (something hes prone to doing), and he said "No. No contract, nothing like that. You can pay me money to live under my roof or you can get out. I can kick you out whenever I want to."
Since he is obtaining money from me utalizing homelessness as a threat to force me, with no legal work or contract and no report of this revenue to the IRS, am I being extorted by my father?
| It's not extortion. You are considered a month to month tenant and he likely needs to give you 30 days notice to vacate before kicking you out.Answer #2: > Since he is obtaining money from me utalizing homelessness as a threat to force me, with no legal work or contract and no report of this revenue to the IRS, am I being extorted by my father?
Of course not. Answer #3: Not extortion. Every renter ever faces the same issue: pay rent or get kicked out. He's not forcing you onto the street. He doesn't owe you a place to stay. |
An off-duty officer being paid to harass tenants at my (21F) apartment complex.
| I live in a small college town in the mountains. The rental companies are notorious for treating college students unfair, seeing as most of the living places are developed for college students. I live in a townhome/apartment complex developed for student living. It’s a little bit away from the Uni and overall pretty private. The units are townhomes with spaces in between them, a basketball court, a volleyball court and walking trails. We have the unit right in front of the basketball court. Every week, on Thursday, Friday, and Saturday night from about 9 pm to 1 am, an off duty officer is paid to sit in the basketball court and monitor things around the neighborhood. Some nights they bring a drug dog and walk it around the neighborhood as well. A fear tactic. My unit, and multiple of those around us, have been confronted by the cops for simply watching a movie too loudly with the windows open, talking too loudly, just hanging out. Just last night I was sitting by the window, it was very quiet out, and I saw the cop on duty knock on the door of another unit. I know they weren’t being loud, and their windows aren’t facing the front of the unit, where he was walking, so I couldn’t imagine any sort of smells. All of the residents in the unit then walked outside and everyone had to give the officer their ids. After some time, he went inside to search the place. After he left I spoke with the neighbors and they said the cops knocked because they apparently smelled something, and the tenants consented to the search. The officer gave the tenants his number and said if they gave him the names of some other people they wouldn’t get in any trouble. Stuff like this happens consistently. Some of my roommates and I don’t even go to school, and are paying a ridiculous amount to live here, and we feel as if this treatment is unfair and unnecessary. There is nothing in the lease involving anything about surveillance. We all have real jobs, pay our bills, are 21+, and I just don’t think we should deal with constant harassment. Or live in fear of having a few drinks after a day of work without getting a knock on the door. They are paid off duty cops, that the rental company pays, and since it’s not in the lease, I was wondering if there was anything we could do to stop the constant cop surveillance. They also seem to take advantage of the fact that college students don’t know their rights. They use that to get into their apartments and blackmail for more names etc. It seems unnecessary and I don’t want any portion of my rent paying for that. Thank you for your time and help.
TLDR: Off duty cops being paid to harass tenants at my apartment complex.
| The only interaction here between you and them that I see is them asking you to turn your volume down. That doesn't seem to be harassment. Their treatment of others isn't your battle.Answer #2: Your apartment complex hires security? Pretty nice perk. Is not illegal to have a security team work at an apartment complex and manage late night complaints. Answer #3: The apartment complex can hire security if they want. What you are describing isn't harassment. You don't have to talk to them. You don't have to consent to a search. No one has to give them names or open the door for them (unless you agreed to that in your lease). What the landlord does with your share of the rent is really none of your business. I'd just ignore them. Unless you are being arrested or detained you don't have to have any conversation with them.
If you are listening to movies too loudly (particularly after 9pm) I don't blame them for asking you to turn it down. Shut your windows if you are concerned about noise complaints. |
If a business renders a service that you didn't want or ask for, and then wants you to pay them for it, what is it called? Does this have a specific legal term? What are the laws defining this practice in say, Ohio USA?
| When I was a kid, there was this guy that came around and put flyers in everyone's mailbox that he wanted you to hang up on your mailbox if you did NOT want him to paint your address on your curb outside your house. He'd put them out one day, and then paint the curbs at like 5 AM the next day. It made my dad furious when this guy came asking for money from everyone who didn't carefully check their mailbox yesterday afternoon. Is there a legal term for this or any federal/state laws banning such practice? What if someone mows your lawn without asking and then asks you for money, and your lawn didn't need mowed? What if you have a monthly subscription fee for something like cable and they just decide to add ten dollars to the price without telling you first?
| General term is "unsolicited services" (sometimes called "slamming"). There was no offer or acceptance, so there's no contract. You can flip the script by reporting them for vandalism and fraud.
Same with cramming (fees that you didn't agree to). With utility and cable companies there are government agencies (Public service commissions) that will take them to task for that. Answer #2: Did the flyers have proper postage attached? If not, they broke a lot of federal laws too. |
I got banned from Fiverr, a freelancing website, for stealing their clients. I used to make $2000-$3000 per month on there. They refuse to take me back. What do I do?
| Fiverr is a website where you buy and sell services. I used to sell web design and writing services on Fiverr. I made decent money working there, about $2000-$3000 per month.
Fiverr takes a 20% commission from all sales. I often messaged my clients, asking them to contact me directly outside of Fiverr, in order to avoid having to pay the 20% fee. This is against Fiverr's TOS. They found out and banned me.
I am a college student. I have no other source of income and my schedule is too packed to get a real job. I need the work I got from Fiverr to pay my tuition.
Yes, I already made a new account, but the work is very slow because Fiverr is based on the rating system. My old account had a good reputation, a lot of clients, a lot of 5-star ratings, a lot of work. New account has nothing.
I messaged Fiverr many times begging for my old account back, promising I will never steal their clients again, telling them how badly I need the money. Got denied every time.
WHAT DO I DO??? I need my old job back.
| Legally? Absolutely nothing, you violated their TOS and got banned for it, you have no recourse. If they find out you have a new account you should expect it to be banned as well.
Practically you can keep asking for your account to be reinstated but I doubt they’ll do that. |
Being sued for custody of my children by mother and stepfather who works for the us embassy.
| My understanding about being represented at no cost in a civil suit is that I would have to be presumed indigent or the suit was brought against me by a government entity. My wife and I believe now that my mother and stepfather are acting as a government entity and using government resources to build their case against us. So how would we bring this up mid-case formally to be represented by an attorney?
| Assuming you are in the US, you do not get a free attorney in most civil suits, no matter who brings them. Outside of child protective services cases in some states, I can't think of any civil suit where an attorney is provided to you.
Next, you mother and stepfather are not acting as the government as they are private individuals.
Edit: you spent [$21,000](https://www.reddit.com/r/Austin/comments/8237xt/looking_for_advice_and_recommendations_on_solar/dv9nmdu/) on solar panels for your house, but want the government to give you a free attorney in a private custody dispute?
Answer #2: You need to rewrite this for clarity. Your parents/stepparent generally would not have a claim to your children so there's something missing here. Their employer is irrelevant.
>My understanding about being represented at no cost in a civil suit is that I would have to be presumed indigent or the suit was brought against me by a government entity.
A custody case by your parents is not going to get you a free attorney.
>My wife and I believe now that my mother and stepfather are acting as a government entity and using government resources to build their case against us.
No, they are not. Are you part of the sovereign citizen movement? If you believe that your parents are conspiring with the government to take your kids I strongly suggest talking to your doctor, as you may need assistance.
>So how would we bring this up mid-case formally to be represented by an attorney?
You can ask the judge for a continuance so you can hire an attorney.Answer #3: Wait what? Where are you located? Answer #4: IANAL, but on what basis can you claim your mother/stepfather are acting as agents of the government while suing for custody? Why do you believe they are using government resources to build a case? |
[Florida] Am I responsible for stepkid's student loans?
| I am husband's wife #2, have never lived with stepkid and don't really have a relationship. Stepkid went to college and took out student loans for all of it, co-signed by my husband over my objections. I never signed anything.
At the time loans were taken out, husband and I were Florida residents and Stepkid lived with her mother in Maine.
Stepkid flunked out of college and now lacks the degree that would be needed to earn enough to pay off the loans.
When stepkid defaults, husband will be on the hook, and I have come to terms with that. But what if he dies? Can the bank come after me even though I never signed anything? Put a lien on the house I bought with husband? Dog me for the rest of my natural life? The answers to these questions will help me decide how much life insurance we need. Thanks in advance.
Topic:
Credit Debt Bankruptcy
| From what little I know. Your name is not on the loan so you are not responsible. However, your husband is responsible. That makes any of his assets that have his name on them will be used or liquidated to pay off the loan. I am not sure how they would split up a joint bank account, whether they would just take half or all of it but any asses in his name can become a struggle to keep whole. Example being cars and homes. If you both have a car with both of your names on it then half the value of that car can be used to pay the loan off. A house becomes more tricky to take from someone so I would worry less about having no home. If you are truly concerned take the loan terms to a lawyer and ask him to review it and what the best way is to protect you. |
[Buffalo, NY] Suspended driver's license detectable by running license plate number?
| To make a long story short, I lost my job a few months ago and was unable to pay a Driver Responsibility Assessment (DWAI two years ago) and that has caused my license to be suspended.
Not driving is not an option for me right now, as I have job interviews all week and can't afford to not go.
My question is: Am I at risk to be pulled over and arrested based on my license plate being checked by the police (or through an automated plate reader), or am I only at risk if I'm pulled over for a moving violation?
Thanks in advance.
| if the car is registered to a driver with a suspended license and they alone that's probable cause to pull you over. yep
you can't afford the risk either my friend. |
[IN] Kicked out of private high school due to sexuality
| My cousin's [18/F] parents forced her to come out to the public and now her private Christian high school is threatening to kick her out and invalidate her credits. They say she/her parents signed a contract essentially stating that she isn't homosexual.
I'm pretty sure this is illegal but I would to be able to tell her more than just "I'm pretty sure".
| Private schools have much more leeway than public schools in the rules they can enforce and/or the students they allow to go there.
> They say she/her parents signed a contract essentially stating that she isn't homosexual.
If your cousin broke school rules (no matter how terrible they are), they can absolutely be kicked out. This is a **christian** private school after all. |
My car was towed from my apartment complex (where it is registered) for being deemed "unsightly" by a third party towing company
| I am located in Arizona.
I noticed my car (I own two cars--this car is not the one that I regularly use) was not in the spot that I left it in on Friday 4/21/2017 around 6 pm. I called the non-emergency police line to report it stolen and was told that it had been impounded. I asked if there was any information on why, and they told me they didn't know because the towing company has a few days to list a reason. I called the towing company but they didn't answer (they had closed for the weekend). The next day, Saturday 4/22/2017, I went into the office at my apartment complex and asked about it. I knew they recently started working with a third party towing company that removed vehicles parked in reserved spots. I asked if they knew why my car was towed since it was not in a reserved spot and it was registered with the apartment complex as my car. They said they didn't know, but that they would contact the tow guy. They called and said he towed it because it had a dent in the side which he decided made it "unsightly". This dent, by the way, has been on the car since we moved in (August). In other words, the condition of the car has not changed since we registered it with them. I have had no problems until now.
My lease says that unsightly vehicles ("at the landlord's discretion") are not allowed to be parked in the apartment complex. It is not any more specific than that.
I told the apartment complex that even if in retrospect they agree that the car is "unsightly", it was not towed at the discretion of the landlord, it was towed at the discretion of a private towing company that makes its money off of towing as many cars as possible. They said they "told the towing guy kind of what they were looking for" and did not take responsibility.
I asked why they didn't contact me about the car and ask me to remove it from the property since they had it registered with them and could have called. I was told there had been a sticker on the car for a week warning me it was going to be towed. I didn't see the sticker because I hadn't driven the car in the last week. They also said that they couldn't call for every car that got towed. I believe they certainly could do that. How many resident cars are they towing??
So basically at this point, my car will cost me about $400 to get out and I am no longer allowed to have it on the lot at my apartment complex. I was planning to sell the car soon anyway because I don't usually drive it, but it is an older car (1995) and will probably not sell for more than $800. If I get it out and find a place to store it, I'm not sure if the small profit is worth the hassle. I am considering cutting my losses and trying to see if the towing company will just give me a $100 or something and take the car.
Another detail that may or may not be relevant is that this apartment complex is by no means an upscale place. It is full of mostly low income families who could not afford to pay for cosmetic fixes on their cars.
Is there anything I can do in this situation? Does the vagueness of the lease make it difficult to say the apartment complex did anything wrong? Is the towing company at all at fault? Is this something I can talk to the police about or take to small claims court?
Any advice would be so helpful! Thank you
| More you leave it in the more you will owe. They will sell it for x amount then still come after you for the remaining. Get it out asap and sell it yourself, if you don't you will owe the towing company more and more each day. If they had the notice on the car and you didn't see it that isn't the towing companies problem.Answer #2: In Arizona it is illegal for a tow company to hold your vehicle for lack of payment. If they demand money and refuse to give you back your car they can be charged with felony auto theft. If I were you, I'd refuse to pay any fees. The worst they could do is attempt to sue you over the tow fee.
http://www.azdailysun.com/towed-cars-can-t-be-held-for-payment/article_9e490a23-755b-5944-8c5c-8f7c2b4a5eed.htmlAnswer #3: The car was unsightly, and even if they didn't care before they can enforce it now. They gave you a weeks notice, which is reasonable (not their problem you didn't drive it that week). They wete enforcing rules set by the landlord and backed by your lease. I think you're out of luck here. I would get your car out of impound ASAP before fees add up. |
My Highschool Vice Principal harassed me, defamed my character, made false accusations, and threatened suspension and expulsion in an effort to extort information and/or confessions out of me
| I am located in California
During my Sophomore through Senior years in high school I was absolutely tormented by my Vice Principal. On no less than four occasions he accused me of hacking into school computers and changing my grades and/or attendance. He made statements about my hacking claiming that I had done all this and covered up my tracks. He made these statements to other parents, staff members, and to others in the local community. This occurred each time that he made an accusation of my hacking. After people discovered that I was "involved in hacking" they became leary of me and started to wonder if I was actually doing these things. The Vice Principal also accused me of knowingly using counterfeit currency, cheating, and trying to help others change their grades. Every single time he made an accusation (which was about eight times) he forced me to come to his office and be interrogated by him. He had no evidence to support my involvement in anything yet continued to question and threaten that if I didn't confess that he would suspend or expel me from school. His wife who as well teaches at the school changed one of my grades and got away with it. When I reported all of these activities that the vice principal was involved in to the Headmaster of the school the headmaster refused to get involved and didn't take my report seriously.
In an effort to get me to confess he used my family members, friends, and staff members in order to get me to confess to things I didn't do. The Vice Principal continued to harass me even more after I reported him. He was involved in coercing teachers to wrongfully discipline me and it affected my grades. During this time I was extremely stressed and I lived in constant fear of being suspended or expelled. I lost friends, couldn't enjoy three years of my high school experience, and caused me to lose all sense of self esteem. I even went to counseling during this time for three years and discussed everything that was happening with a counselor.
When I graduated I was offered a coaching position for the school's soccer program. I was an amazing soccer player and extremely dedicated. The school wanted me to coach and I did. During my year of coaching the same vice principal made some bullshit claim that I was sexually harassing members of the girls varsity soccer team. This was totally a lie but he went around and told parents and staff that I in fact had been sexually harassing the girls and he had to fire me for it. I was asked to resign from coaching and I can never coach there again. Although he made this claim the authorities were never contacted and he never banned me from the campus. At a K-12 school I would suspect that this would be mandatory for this type of situation.
Basically what I'm focused on is the Vice Principal defaming my character publicly by naming me as a sexual predator, the continuous harassment that he was involved in, and the reports that I made that were never taken seriously.
This is an Adventist Academy so they claim to have better "morals" than other schools. I have a lot more information explaining more of my situation in greater detail but for now I'll just leave it with what I've written so far.
My main question is: how much do you think I should demand as a settlement. Lawyers that I've spoke with said that I should offer 3,100,000.00
| Why are you wasting our time? Your numerous attorneys claimed that you'd have a good shot at settling a defamation case for $3.1MM, go demand that. We'll stand by and be stunned when you don't get that. |
I need help with an adult name change for gender transition
| Hi everybody!
I'm a transgender woman who has recently transitioned to living full-time in the correct gender. However, I'm up against an unfortunate obstacle in trying to get my legal name changed (to the feminine version of my birth name).
I live in Wyoming, where I attend graduate school at the University of Wyoming. I moved there almost exactly one year ago, on August 1st, 2014. My program is a two-year M.A. degree. Sometime next summer I will be moving elsewhere to obtain a PhD, but I do not yet know where.
Wyoming's state statutes indicate that any candidate for a change of name must have lived in that state for two years before petitioning, yet I will never meet that criteria. By August 2016 my lease will have already run up and I will have relocated elsewhere, likely 1000+ miles away.
I'm very much tired of using my male name on documents, and seeing it on my ID. I'd love to get it switched, so I can complete the legal side of this complicated process. It is clear at this point that my home state will not let me.
Is there any other state I can turn to? Or some other means of achieving a name change? I've been told neighboring Colorado might turn a blind eye to the particulars of my residency, if I can convince one of my friends in Boulder to let me claim their address, but...that's perjury, right? Why on earth would I want to risk perjury for this? Yet I'm almost tempted to try it. Being stuck with a male name is bugging the hell out of me.
Please help! I know there must be a way.
| This sounds like a job for the Transgender Law Center.
http://transgenderlawcenter.org/
I can't recommend their work enough.
|
With Uber drivers, are they considered an employee or and independent contractor?
| I'm considering becoming an Uber driver, but I've heard some issues that you can get a lot of blame on incidents put on you specifically rather then Uber, the company itself, is this some sort of employment lop-hole?
| Independent Contractor, and know that it will significantly raise your insurance rates to do this. Answer #2: Uber drivers are independent contractors. Accidents are not their responsibility since you are not an employee. In addition, call your insurance agency and ensure they cover you if you are driving commercially. Most policies will not cover you if you are driving for Uber/Lyft. |
Employer reported my income to be 300% greater on my 1099. Will not respond to my calls/emails.
| I am a college student and did some remote marketing work for a company last year. I made about $300 which I have records of.
I got my 1099 and it says my income was around $900 which is outright impossible. I contacted the company numerous times and they have not contacted me back. It is a well established company but is all the way in California (I'm in Pennsylvania) so I cannot visit the headquarters directly.
What are my options? I have had other part time jobs so I will have to file a tax return. However, I think this $900 is extremely unfair and it will cause me to owe more taxes than I should.
| You probably want to post this in /r/tax/.
I believe that there is a way to file your taxes and indicate that something's wrong with the 1099 but I don't know exactly what that is. As long as you've got a clear banking record of what was paid to you and you keep those records so you can prove to the IRS (if they ask) what you were really paid, things should work out.
Stupid question, just checking, etc: you're sure that you didn't get confused about pre- and post-taxes income, right? |
Ex-Boss is claiming breached non-disclosure when I left his company for another company. Employment contract was never dated and non-disclosure contract was never signed by the employer.
| Should I lose sleep over this? I left because moral sucked and I found a better company to work for. We're in the Tax Resolution Industry. Yeah, the industry as a whole has a bad reputation but my boss actually WANTS to help people and not pouch people for money.
edit: I'm in CA
edit 2: I quit 7 months ago
| Well did you breach the NDA?
You don't really have to answer that. But if it's an enforceable NDA (yes, it can be enforceable even if just you signed since you're the party that this is being enforced against), then you may have some issues. |
My friend'a ex husband abused her and now she has to pay him alimony. Help!
| My friend was previously married to a very abusive husband. He was both physically and emotionally violent. After she endured the highest level of his abuse, she decided to leave him. Unfortunately she is a nurse and makes a good amount of money and he is a unemployed bum. Since they did not have a prenup, the court ordered her to pay him alimony.
My question to you Reddit is, are their ways to avoid/challenge her alimony decisions? As in what can she do legally (law suit or go in front of a judge again) to prevent alimony payments to her abusive ex husband. It seems unfair for her to have to pay alimony for the rest of her life to a man, who physically abused her everyday. Help Reddit!
Edit: Location is Westchester, NY
| The state really matters here. |
Does my lawyer's advice take things like gender and race into account?
| I'm in a bit of a legal pickle. I don't want to go into details, I can say that I'm located in Indiana and I personally know other people who have found themselves in this pickle. One such person, a close friend, recommended their lawyer. The lawyer, who is helping us with this mirror image pickle simultaneously, has given me very different advice than he's given my friend. My friend and I are of similar histories (we aren't criminals) and different races and we can't help but wonder if the reason we're being given different guidance is because our lawyer thinks my race could have a negative impact on my pickle's final resolution. Is that a thing that happens? Do lawyers have to take a client's race and gender or anything else that should hold no legal relevance into account when advising them? For instance, might race or gender lead a lawyer to tell one client to accept a plea deal but another client to go to trial, as in going to trial is not in the former client's best interest because of his race? If that's the case, do lawyers and other law people not find it a bit messed up? Is there a particular race and gender it's best to be of when dealing with legal matters?
| Your lawyer's advice is what he believes is best for you in *your* situation. Each "pickle" is different - different evidence, different circumstances, different witnesses, different charges, different defendant, different judges.
It's unlikely that your race goes seriously into account. It's far more likely that there is some other difference that you're not seeing. |
[CA, Qc] Non-Canadian (Argentinian) Caught for DUI in Quebec. I will pledge guilty on April. What will be the consequences?
| Hello,
I have been living legally in Quebec since 2009 (studying permit). I started working on 2015 (work permit). I got caught for DIU and I will pledge guilt on April. I'm also applying for the PR (that i don't know if i will get it neither).
I would like to know what is going to happen after the sentence, and if I will have to leave Canada. It could be cool to know it with anticipation.
Thanks guys.
| Bring convicted of a DUI can be sufficient to make an individual inadmissible to Canada. A criminal conviction can cause you to lose your temporary status/visa, and will most likely make you ineligible for PR, for at least 5 years. Chances are, this conviction will mean you'll have to leave Canada, lose your temporary status, be prohibited from entering Canada for at least 5 years, and ineligible for PR.
DUI is a pretty serious criminal offence in Canada, might be a costly lesson, but feel lucky you didn't hurt anyone else, or yourself and take an Uber next time. |
Can Trump-branded companies in the US sue Donald Trump for economic loss if his campaign behavior diminishes the value of the brand?
| Hi, a Canadian law student here (procrastinating instead of writing my term paper).
I remember reading that many Trump-branded businesses are in fact not owned by Donald Trump. He signs [licensing deals](https://en.wikipedia.org/wiki/The_Trump_Organization#Real_estate_licensing) with others, allowing the use of his brand/name. This would imply that his name is of some perceived value to the businesses.
According to some recent reports, Trump's campaign may be hurting his brand. For instance, some of the data suggests that Trump-branded hotels have been receiving far fewer visitors this year. Sources: [Time](http://time.com/money/4438779/donald-trump-brand-foot-traffic-foursquare/), [Fortune](http://fortune.com/2016/08/01/donald-trump-hotels-sales/).
If, after the end of this election period, companies that have signed licensing deals with Trump for his brand can show on a balance of probabilities that the value of his brand has diminished significantly, resulting in economic losses for them, and that his behavior and remarks during the election campaign were the direct cause for this, could they sue him for damages?
I'm not very knowledgeable in this area but I think they might have a decent chance. I would think that the standard licensing agreements would have some clause to this effect (where the licensor does something they ought to know would affect the value of the entity being licensed). But perhaps the First Amendment could be an obstacle because awarding damages against Trump would be like essentially punishing him for what he said while exercising his right to run for political office. What do you guys think?
| So I've been getting many downvotes so far but no replies. :( To clarify, I am not saying that Trump should or should not be sued. I'm also not trying to start a flame war.
This is just a hypothetical question that came to mind and I was wondering what possible arguments could be raised on each side and how successful they would be. I think the legal implications of either outcome would be interesting. That's all. I'm hoping someone could enlighten me. |
Pulled over and charged with a DUI in June. Got the drug results back today and I was clean when they arrested me. Can I sue them?
| I payed $500 to get my car back. They have been harassing me non stop when I drive, I had just gotten my Plasma sold when on my drive back they pulled me over, and was eventually arrested and charged with a DUI. I didn't have the money to get my car out of impound right away so with the storage fees it cost me 500 to get it out. On top of that I was told I couldn't enroll in my Trucking School because of the DUI. Do I have anything?
| Did they have probable cause to believe you were impaired when they arrested you?
If so, then it doesn't matter if the test was clean or not- the arrest is still proper and valid. |
Friend died, her only family left is a brother who won't claim her body, what can I do?
| I just found out after having a welfare check done. They won't give me any other information.
She has one family member in another state, and I doubt he'll claim her. They weren't at all close. I don't want her to be buried in an unmarked grave, I don't want her forgotten.
In Michigan.
Please help, I'm so lost.
| Are you financially capable of paying for her funeral? Because if you are I wouldn’t be at all surprised if the brother would be willing for you to do that.
If you aren’t - then the things to remember is that this is just her body and it’s clear that you won’t forget her. You could have a tree planted in her name somewhere she liked to go, or a park bench or - well there other ways to memorialize someone other than a funeral with all the trappings. |
Leaving accident scene?
| In the U.S. Is it considered leaving the scene of an accident if you back into a parked unattended vehicle, start to drive away (maybe 30 feet), reconsider and then notify the owner of the parked car?
Full story with more detail in another post http://www.reddit.com/r/Advice/comments/2dovu6/work_trouble_probably_will_be_fired_monday/.
I don't think I left the scene because I was always in view of the other car, and I took action to tell the car owner. I did consider leaving, but I did the right thing. There is a video which didn't turn up until I reported the accident.
Also my boss says I committed perjury by not including the driving away and returning part in my report of the accident. He also says I "legally" left the scene of the accident.
| Stop taking legal advice from your boss. Unless you were under oath, you could not have committed perjury. Answer #2: Criminally, based upon our narrative I would be surprised if anything comes of this. I missed a location in your post, but immediately returning to the scene after barely moving away and informing both the owner of your vehicle and the owner of the vehicle you damaged.
Based upon our narrative, it does not sound like you lied in the report(although you may have). Regardless, it does not sound like you have fear of criminal liability for perjury because this was not a sworn statement before or a court.
So, it sounds like he is blowing smoke at you.
If you decide to resign, you likely will have forfeited your right to unemployment. I would be very careful before doing this.
Answer #3: You did the right thing. You didn't commit perjury because you weren't under oath. The charge that your boss is thinking of would probably be filing a false police report, but even that does not apply because the fact that you allegedly, kind of, not really left the scene is not material to the case. It doesn't have any impact on liability or the other driver's damages. Your boss sounds like he once had aspirations of being a cop or lawyer but it never panned out, don't pay attention to what he says. |
[NY] NYC College Student - dependent 20 years old. Is it legal for single mother to charge rent and take money out of joint account?
| I'm asking for a friend who won't take action for himself, I'll be sure he sees this. He has lived in an abusive parent-child relationship since I've known him. His property, bag, laptop, etc. aren't respected by her either. For example she has ruined a lot of his electronics that he bought, and he was forced to sleep and pay rent for an empty room just last night and even in a park once. He's often not able to get to his bed. Do any of these abuses warrant a charge against her or is there any way I can help my friend find a place for himself, which I think is best for him.
Ultimately what laws may apply to protect him and his property? I tried searching this subreddit myself but had no luck. Anything, even a link to another thread/reading would be greatly appreciated.
| He is an adult. He can move out any time he pleases and you are welcome to help him find a new placeAnswer #2: He's 20. He can just take his stuff and leave. |
Housemate got a sublet, she won't leave now, apartment is going to evict me too. [CA]
| I live in an apartment in a college town (California).
# The [update](https://www.reddit.com/r/legaladvice/comments/6iyazg/housemate_got_a_sublet_she_wont_leave_now/djcmphm/) to this ridiculous saga.
### Timeline:
- One of my housemate was moving out for the summer and sublet his room out.
- He asked me if I was fine with that, and I said yes.
- 3 days ago this older lady (about grandmother age) starts moving into my housemates room (with the help of her daughter).
- Yesterday, someone from apartment management came into my apartment to see the apartment because this apartment will be getting all new tenants after Aug (still not sure if they had permission to enter / what kind of notification was sent out regarding this).
- They noticed this lady there (no one was home but her), and they started asking her questions. She couldn't really answer her questions right (they asked her "do you know the names of the people living here" -- and since I have been really busy with my summer classes / most my housemates are on vacation, she couldn't answer that right). She also didn't really know what city she's in.
- Today management basically tells us that if she's not out by tomorrow 5pm, then all of the housemates (4 dudes total) will get evicted.
- So my housemate (who's sublet she is) starts reaching out to the lady's daughter (the one who helped her move in). Goes straight to voicemail. This old lady has no phonebook, she's lucid, but not very aware.
- (I was at school all day so I wasn't here for any of this). But my housemate called the police to try and see what they can do. They can't remove her.
**EDIT**:
- So apparently Adult Protective Services were also called (by the daughter) sometime during the process (on my housemate who was trying to deal with this situation). She is certainly sickly. Has asthma. I had to assist her up the couch last night. And this could be a problem since literally no one else is at the apartment, majority of the day. APS will be back tomorrow.
**EDIT 2**: {story is very developing as I learn more myself}
- My housemate turned in the paper with this lady's signature on it on Sunday to management. There was some sort of background check that management ran, and she didn't pass the credit check. This is when my housemate called the police because she was an unauthorized tenant *AND* by this point she was starting to look concerningly sick.
# The [update](https://www.reddit.com/r/legaladvice/comments/6iyazg/housemate_got_a_sublet_she_wont_leave_now/djcmphm/) to this ridiculous saga.
What do I do? What do we do? Please help.
| This sounds like a pretty clear case of elder abuse/abandonment by the daughter: http://www.canhr.org/factsheets/abuse_fs/html/fs_elderabuse.htm
Have you mentioned that this person is a victim of elder abuse to the police or APS? Im not sure what county you are in but I am going to assume that most all counties have similar programs to this one from LA County: http://wdacs.lacounty.gov/programs/adult-protective-services-aps/
Sorry I dont have any advice on the rest of this horrible situation but hopefully this poor elderly woman and the rest of you can get back to some stability and normality soon. |
Malicious Prosecution
| [deleted]
| Yes, at least one person somewhere has sued for malicious prosecution.
If you want a better answer, ask a better question. |
[IN] Self-defense question.
| This is a purely hypothetical question. Had an argument with a family member about this just last night.
If you get held up and have your wallet taken from you, and the thief is walking away, are you justified to pull out your firearm (that you are licensed to carry) and shoot him?
I said you cannot, but my BIL seemed to think that self-defense extends to feeling afraid that the person could either come back to hurt you or go on to hurt other people.
Edit: Indiana
| You are not justified in using lethal force if you're not in immediate life-threatening danger. |
[TX] I have put money down on a brand new house ($1000 earnest + $4000 in upgrades) and have found Rasberry Crazy Ants taking over the new construction. The builder will not refund my money.
| Background info: 3 years ago my fiancé and I moved into a rent house close to my job here on the gulf coast. We saw a few ants, but assumed they would go away with regular treatment and moved in. Long story short - we spent 2 1/2 years fighting a never ending infestation of these insects that are impossible to get rid of. We would spray and the dead ants would pile up so high over a couple of nights that we would have to vacuum them up because the live ants were crawling over them to get into the house avoiding the poison.
Fast forward to this past April: My wife and I put money down on new construction and signed a no refund contract. We checked the property and other older houses in the neighborhood and saw no sign of these ants. We visit our lot everyday because we are excited to buy our first house. In June we start seeing SOME ants when they bring in sand to level the foundation, but don't want to believe they are what we think they are. They start getting worse, we take a sample in to a local exterminator confirming they are [Rasberry Crazy Ants](http://www.scientificamerican.com/article/the-rise-of-the-crazy-ants/) and eventually let the builder know that we are backing out.
They are willing to give our earnest money back, but refuse to refund our upgrade deposit stating that it's a local problem and they have no control. We know that once they invade, they are impossible to get rid of, cost thousands in monthly treatments to try to control, and don't want to deal with this in a brand new house.
Do I have any options?
TL;DR
We put money down on a brand new house, we start noticing Rasberry Crazy Ants we believe were brought in with their sand to level the house, builder won't refund our whole deposit.
Edit 1: I should probably include that the first round of new houses they built last year did not have any insect problems. It seems that the ants did not show up until they started on the second round of house construction in the neighborhood. We believe they got the dirt/sand from a different source, but of course we have no proof of that.
Edit 2: We have considered contacting a real estate attorney on Monday, but we want to get an idea of our options (if any) before we visit with an attorney and pay any consultation fees.
Topic:
Real Estate law
| Can you prove the builder brought these ants? If not then there is little you can do. |
Regarding the recent drama across reddit, is what FPH did with the imgur photo legally harassment?
| I hope this isn't the wrong place to ask this, but I keep reading that what they did was harassment, but from what I understand they posted the picture to their sub (without information) and just called the people in it fat. Does there need to be contact between the harasser and the harassee for it to actually be considered harassment? Can something constitute harassment if the victim has to willingly search out the harassment (as far as I know the imgur picture wasn't sent to any of the employees, and the comments calling them fat weren't either)?
| The elements of harassment related crimes vary by jurisdiction. Generally yes there has to be contact between the harasser and the person being harassed. But if reddit thinks X is harassment and wants to ban a sub, they can do that for whatever reason they want. |
My stepdad's hip implant broke, but not because of an accident...
| ...I'm wondering if there's any legal action we can take against the manufacturer or doctor.
He started experiencing some pain in his leg a week ago Monday, it's been getting worse since then and here's the scan we got yesterday:
https://imgur.com/a/evP5C
According to both the surgeon and a radiologist friend of mine, this is extremely rare. Most breaks happen where the implant is thinnest near the hip joint, not on the stem below.
In the time leading up to the incident, he was going about his normal life as a cab driver. As I said earlier, there wasn't an accident that triggered this. He didn't fall, trip or get in a car crash. In fact, from the outside, he looks pretty normal aside from being in a lot of pain.
The implant (we have the model name and size) looks like it's on a recall list from a year ago, but none of us were informed about this and I discovered this on my own today.
Can we take legal action to get some compensation for care of my stepdad during recovery?
| You need to consult a malpractice attorney. Check the internet for recalls and go from there |
Got scammed out of an apartment in Copenhagen
| Hello there, I'm an icelandic man living with his french girlfriend and currently we are stuck homeless in Denmark because we rented an apartment from a facebook group. The man we approached sent us pictures of the apartment, and a contract which we signed. Then the day of our flight from France he ghosted us, mind you that we had already payed the deposit, and when we arrived at the appartment block he never picked up the phone or answered our messages. So today we went to a police station that unfortunately couldn't submit criminal charges, but the police officer said we had a strong case because we made a fake facebook account to catfish the scammer and we're negotiating for the same appartment now. Because the previous station couldn't help we had to go to the central police station but they said that because we had started negotiating the appartment in France that this is a french police problem. So now we're really stranded and out of options, with very little money as we're wrestling with my girlfriends bank to get the 870 euro check back.
| Hi OP,
I am terribly sorry to hear about this.
I have lived in Copenhagen for 7 years and rented and know how tricky that housing market it is.
Scams like this have been going on for ages since the city itself is very limited to live in and the prices are very high. 870 euros for a deposit sounds extremely low unless it is maybe farther out in the suburbs and would be a red flag, that is extremely cheap.
IN addition to the police you can check out:
Københavns Retshjælp - https://www.copenhagenlegalaid.com/case-types
They're free legal aid located right in city center of Denmark and happen to deal with rent and rental agreements.
They can perhaps start and help you get on the right foot to get more information and help from the police, since a Danish bank account is involved.
It is entirely likely and most likely case this guy lives another part of the world unfortunately. |
Court
| So my mom told me “you better say that you want to live with me if the judge ever asks you” do I have to say that I want to live with her? Also am I allowed to state what I want just in front of the judge not with my mom present and not with my mom knowing that we said that we didn’t want to live with her? This Is Maryland Btw.
Topic:
Custody Divorce and Family
| In my parent's divorce in California the judge took me and my siblings into another room where we talked about who to live with. |
Just got released from jail with a felony charge. Initial court date is in 3 weeks. I'm scheduled to move out of the country in 2 days. What should I do?
| You should hire a lawyer and follow their advice. Felonies are out of do it yourself territory. You should probably put your plans to leave the country on hold. |
|
Modified Subaru Beinf Denied Warranty
| First off, it was bought under the guise that it was stock from a buy here pay here place.
Secondly, not my car, asking for a friend because I'm genuinely mindblown by his situation.
The car was purschased with 55k miles on it from a shitty little car dealership that usually is a buy here pay here scam for poor people. Buddy of mine got a bank loan instead so thankfully he didnt get reamed on it. It was a 2013 Subaru WRX, and was seemingly fine on the test drive and such and had no accessport (popular ecu tuning device) or any other noticable mods.
Well fast forward about 10k miles and my buddy realizes that its burning oil pretty badly so he brings it to the dealership. They essentially tell him his ringlands are fried and it's a ticking time bomb before they let go. Thankfully the Subaru lawsuit was just settled and everyone got their extension on warranty up to 100k miles, right? Well they tell him the car is tuned and theres nothing they can do for him.
That means the shitty buy here pay here place didnt check that the car was still tuned even though the previous owner must have taken the modifications off. So they never flashed the stock tune back, which would lead to the exact issues hes having right now.
Is the play he bought it from legally supposed to cover the damages since they didnt disclose the car was modified and had a modified tune on it? Is Subaru supposed to still cover the extended warranty being that the car was bought under the guise that it was stock? Or is my friend just really stuck in as shitty of a situation as it seems?
Thanks for the help, sorry if my post is weirdly formatted since I don't ever post much!
| Bro bought a used WRX and only checked for a tuning port and a test drive ? That's on him.
​
There is absolutely no requirement for a used car dealership to check the tuning of a vehicle or report anything to you other than the odometer reading. It doesn't matter if they knew it was tuned, or should have known it was tuned.
Had it been a Subaru dealer making representations about the factory warranty, that might be a different situation. It wasn't.
​
I repeat: A USED WRX. USED WRX. USED. W.R.X. |
My boyfriend may get fired from his job due to his religious affiliation? How do we prepare/fight this? (First post)
| Hi reddit! This is a pretty strange situation my boyfriend and I have going on and I'm trying to keep this as simple as possible. I hope you guys can help us!
My boyfriend has been working for a shipment company for 5 years and makes very good money for having no college education. He was raised in a very strict Christian household that are apart of a religion (or what I call a cult) called Plymouth Brethren AKA Exclusive Brethren. Essentially they only like to associate with people of their church and are not allowed to date/befriend anyone outside their group. We have been dating for over a year now and he has been "shut up" from the church, meaning he is no longer allowed to attend their meetings or be apart of what they do because of our relationship. Recently this has caused threats to his job security.
His boss owns the business and is apart of this church, even related to their priest. There have been multiple "hints" that my boyfriend's job may be on the line due to him leaving the church. Examples being excluded from going on business trips with people in the company who are Brethren, not being allowed to move from the warehouse to sales office even though he was promised before shit went down, and overall sense of bad vibes from his boss and others who are Brethren.
My boyfriend talked to his boss about two months ago asking if his job was on the line with no real yes or no answer, just basically ignoring the question and has never gotten back to my boyfriend. Obviously there is no real evidence yet, but we just want to be prepared. He is a great employee and had no issues at his job before he left the church. They are still trying to convince him to leave me and come back. If he were to get fired it most certainly would be some bullshit to cover up the fact that he is separated from the church. They are psycho, trust me. It is a family owned business with no real HR department btw and it's hard to find any info on Plymouth Brethren.
Can anyone give us some advice? His family and friends have all turned on him...the last thing I want to happen is for him to lose his job over me.
EDIT: We are in the US by the way. Sorry about that guys! Still learning :)
| Legal advice: He cannot be fired from his job because of his religious affiliation or lack thereof. He could file a discrimination claim with the EEOC if he loses his job.
Life advice: He's working for a company run by what is arguably a cult he was formerly a part of. Taking them to court will be messy & ugly and involve his family and all of his friends. |
Cheating hearts
| A coworker is cheating on their spouse with another coworker. The affair has been going on for years. I have been in a marriage where my spouse cheated and I wish someone had told me. Can I contact this person’s spouse anonymously and tell them about the affair? Do I open myself to any legal liability (slander, etc) if I do so?
Thank you.
| It may not be illegal, but you should consider just minding your own business. Answer #2: You don’t open yourself to any liabilities. The best advice I can give is let your private life be yours and someone else’s be theirs. |
[US, IL] My sovereign citizen neighbors are preventing me from running a comcast power line from the alley to my house
| Chicago.
So a little over a week ago I signed up for Xfinity's internet essentials thing. It's basic, 10 bucks a month, my family qualifies and my little sister has been needing actual home internet for ages so I figured - why not.
Comcast scheduled my installation this past Tuesday. The 1st technician noticed something awkward:
The back of my apartment building (storefront, 3-stories) sits across from the alley/power tower (one of those tall wooden things with cables attached to it). In between my apartment and the power line is a one story home.
I'm aware of but not familiar with the people who live there. They are senior citizens - or nearly that old - and I believe they have an adult son or some other family living with them. They are mostly reclusive, hardly anyone is ever seen leaving, entering or loitering.
So the comcast guy goes over and asks if he can sling the line over their roof - and then raise it above their roof - just as several cables currently are.
The old lady seems to not understand this and says that she will cut the line if he does it. She says that she has cut the line before and indeed, the technician informs me that the only reason he has to sling this new line is because the old one is cut.
She refuses everything and tells the technician to come back Saturday (today) presumably because her husband, son, or property manager will be present. She closes the door in his face and refuses to answer.
So comcast rescheduled for today and I accompanied the new technician to the neighbor's home to ask permission (I'm sure I don't need to but the technician said he was worried about them possibly complaining or cutting the line). This time we knocked for 20 minutes and received no answer. We noticed that their little tin chimney smoking on and off and so I'm sure SOMEONE was home. We knocked on the front, side doors and rang both bells.
No answer.
The technician left and we rescheduled for Monday. So now I'm going to have to deal with this shit again just so I can get basic internet to my apartment.
What I'm going to do now is leave them a strongly worded letter - they don't own the alley or the power line, I pay rent damn it, I am allowed to have home internet damn it - with my contact information on it. I'm going to email the alderman as well.
Other than that, what are my legal options? I know a lawyer or two but for fucks sake, is there really going to be a lawsuit over one old ladies failure to communicate?
| Don't send your neighbors a letter. It won't accomplish anything productive. Furthermore, there is *nothing* sovereign citizen about this situation.
You need to put pressure on comcast to handle the install. I'd tell them to get fucked if they wanted to run cables *across* my roof too. There's huge potential for damage. Techs are third parties hired and paid by the job, so they rush everything, and if they break anything it will take a lawsuit before they even offer to settle. If they have to bring in several cherry pickers to avoid the neighbors, that's *their* problem to deal with, but *you* need to force their hand.
Does your landlord also own their property? You may have recourse against him for failing to provide access to internet services. A complaint to the FCC could result in a fight between your landlord and comcast. I would not recommend this path without substantially more information. It may not be the case, and it's not going to make your landlord happy.Answer #2: You have no evidence that your neighbors are sovereign citizens, they may simply not want cables stretched across their roof.
That's not an unreasonable position.
It is unreasonable if Comcast has an utility easement for your neighbor's property in which case they can run a line without a problem. If Comcast doesn't have an easement they'll have to pay for one or find another route.
You need to conAnswer #3: You're in a 3-story apartment building and no one else within the building has cable?
It sure seems odd from a technical standpoint that they would need to feed your apartment by an aerial drop over your neighbor's house.
|
[California] Friend driving without a license. He is giving me rides home. What can happen to me as a passenger if pulled over?
| Title says it all really. My friend has gotten permission to drive from his parents. He currently drives their car and has no license. He has completed Drivers Ed and his Dad has been taking him driving lately. Finally his dad had to go out of state and he drives himself to school now (His mom and dad approve). What can happen to my friend if he is pulled over? What could happen to me and another friend that he gives rides to if he is pulled over?
Thanks
| Don't get in the car with this kid. If he gets into an accident, his parents car insurance won't cover his actions, or your injuries. |
Guest's car towed without notice
| Hello Legal Advice! Long time reader, first time posting.
​
TL;DR - guest is staying with us for a few days, parked his car in guest parking at 10pm, towed before 8am, with no warning signs posted anywhere. Will cost \~$400 to get the car back. Town house complex is doing some construction project, which they apparently mentioned in a newsletter, but this newsletter gets sent to our landlord, so I didn't see it. My immediate reaction is to pay for the tow, demand a 1:1 reimbursement from the HOA, and when they likely refuse, take the HOA to small claims for 2:1 to include the additional pain of having to go through the process.
​
Details:
\- This happened today, in California. Not sure if I'm allowed to say what city per the rules and not sure if the laws on towing change by city, county, or state. Can update post with those details if I'm allowed.
\- This is not a gated community, the guest parking doesn't have any signage, they look just like regular parking spots.
\- There are no signs about the construction or towing or anything of the sort anywhere. There are no signs saying the parking is private.
\- Towing company says that an authorized representative of the property had to be there to allow the tow. This was very likely the association president, who is old. I confronted him this morning, and said that I will sue if he doesn't pay the towing fee, and he said he'd sue me for not reading the newsletter, which indicates to me that he's completely clueless.
​
I may be wrong, and please correct me if I am, but I am under the impression that:
\- For a notice to be legally binding, it needs to be sent via certified mail or some other form of proof of delivery. Is it really my fault that I didn't read a newsletter that was mailed to my landlord?
\- There's a mandatory 24 or 48 hour delay in towing unless you're blocking traffic or something like that
\- This is really not on the towing company, and so I am polite with them and will just pay them.
​
Would appreciate any advice you have on this! Thank you all in advance!
​
| You don't get to double damages just because you're annoyed about having to sue.
Your issue here is with your landlord. He's the one that failed to give you the information so you can sue him for the tow fees if you want. |
Yolo county california: Can my apartment do this?
| For the past month my landlord has been doing construction on the exterior of building. They have torn off our roof to the base, torn off all trim, and are barely following city ordinances for noise. They also had our hot water, which is gas and separate from other utilities, off for almost four days and it still works inconsistently.
Today they put a notice on our door for changing our windows to double pane windows. My concern is, the walls have asbestos and while we are living there, are going to be doing asbestos abatement. We have to keep clear the whole area of the windows 2 feet on each side and four feet out, in a one bedroom where the windows take almost the whole wall. This will have to be contained for three days post construction. There will also be inconsistent electricity during the work. My question is, should they be providing alternate accommodations, or even be allowed to do this work while we are living here. All work is cosmetic in nature except for the roof, and is not on an emergency basis.
| Just for clarity, by contained you mean no one will be able to use the room, or that there will be some sort of plastic tarp covering the walls?
Generally speaking if the work makes the premises uninhabitable (most jurisdictions have guidelines for what "uninhabitable" means, and definitions may vary) your landlord is likely required to make alternative accommodation available to you.
IaNaL and am speaking generally, it may be a good idea to speak with your landlord about this and see what you can negotiate before jumping straight to legal action, but if the apartment is truly not inhabitable, and no accommodation is made something along the lines of renting a hotel room and billing the landlord/suing him in small claims may be required.
Additional advice: document the conditions rigorously, photos are good, but so are handwritten notes with time-stamps.Answer #2: Hot water is a habitability issue in California. 4 days is probably not enough to break your lease (if that's what you want), but the longer you go without hot water, the better your case. Enforcing habitability standards is tough, here's a CA resource on it: http://www.dca.ca.gov/publications/legal_guides/lt-8.shtml
Generally, if you can't have full use of your rented premises, you can ask for a proportional reduction in rent. First step is to send a letter to your LL requesting the reduction. If they don't give you one, things get a bit more challenging - you'll have to sue in small claims court. Answer #3: Would OP have any extra cause due to asbestos? |
My dad wants a divorce but my mom owns half the house and gets half of his retirement. Is there anything he can do about this?
| My mom is addicted to prescription medication and is ruining our family emotionally and financially. My dad has been hesitant to go through with the divorce because she gets half of his retirement and that means he’ll never be able to retire. I can get away from her since I am an adult and can move out but I want to help my dad. I don’t really understand why she gets half his retirement either so if someone could explain that to me I would be very grateful. I really don’t want this to be all he can do. Also what can he do about her owning half the house? Can she refuse to sell it and he still sell his? I know the house is mortgaged though. It’s all pretty confusing to me and I want to understand this.
| > I don’t really understand why she gets half his retirement either so if someone could explain that to me I would be very grateful.
Presumably, your mother put her lifetime earning potential on hold by staying at home and raising the children and maintaining the family home. Whether she was effective in this is immaterial. You have to understand in marriages there is no "his" retirement or "his" house. There is "marital" income/retirement and the "marital" home. When a divorce is granted, the marital assets are divided equally.
Your father will need an attorney to help protect his interests in a divorce. |
Got into a very minor accident, my fault. Now the lady is suing me for injury claims!
| This past Wednesday, I was on a side road ready to take a left onto the main road, after pulling forward from the stop sign. I check left, I check right. Without checking left again, I go ahead. This lady was right in front of me. I hit her tire and a small portion of the passenger side rear door. Although understandable because she did just get hits, she was extremely rude and hard to cooperate with. I gave her only my name, phone number, a sentence that says I'm responsible with a signature. I also gave her the name of my auto body place and their phone number.
A weekend went by and by yesterday morning we haven't heard anything. She didn't contact me, the auto body shop, or the insurance. Last night I got a call from GEICO saying that she filed a claim against me WITH AN ATTORNEY, claiming injury. She also told the insurance that I ran the stop sign, when her car wasn't even in sight when I stopped. I can't afford a lawsuit. I'm 18 years old.
This lady was clearly not injured as I hit the furthest spot from the driver's seat, and it was a very small dent on her car.
Minor fender bender, getting sued, help.
| Did you report it to your insurance?
Cause you should.
That’s what they do. You have liability insurance for a reason.
Call them now.
Why are you still reading this??? Did you call your insurance?????
Call them. |
[New Mexico, US] My niece said her middle school teacher makes all the girls feel uncomfortable and has taken pictures of them with his phone. Can I get the cops involved? Can they subpoena his phone?
| My niece, who attends a charter middle school, says that she and her female classmates are all creeped out by one of their teachers. She said that he has taken pictures of them with his phone. She also said that he encourages them to dance a traditional dance from his country (he teaches the language form that country), but that he only ever invites the girl students to dance. She also said that he'll lean back at his desk to get a better look at them. Lastly, she told me that they've already informed the principal, who has done nothing about this, as they have no evidence of any of this.
What are my options? Could the cops get a warrant to search his phone and computer? Should I talk to the principal and other students first to ascertain what has happened so far? Should I confront the teacher?
| Nothing you have stated is illegal. You can complain to the school board. |
MD-Grandmother's Retirement Community has not had potable water since Christmas Eve, with no end in sight. What to do?
| Hi & thank you for reading,
I am writing this from California, while my poor Grandmother is in Maryland and hasn't been able to take a shower in her own apartment since Christmas.
She independently lives in an apartment in this facility- but they provide a cafeteria with meals, cleaning of her apartment, mail service, laundry, activities, etc. To move in you pay a six figure entrance fee and then there is a monthly service fee (approx. $3,000).
On Christmas Eve of 2016 they informed her and everyone else in her wing of apartments that one of their neighbors had come down with Legionnaires' disease, and since it is transmitted in water mist- everyone needed to stop showering and cooking wih the water immediately. They have flushed the pipes but tests still are coming back positive for the bacteria.
My Grandmother is in her late 80's- she cannot get around without assistive devices and has a chair in her own shower. In order to shower the past few weeks she has had to have her aide drive her to a family member's house (extra hours to pay the aide) or go down to another part of the facility and use an empty apartment to shower (provided by the facility). Neither of these have the assistive devices she is used to!!!!
The facility is providing bottled water and telling its residents to only take sponge baths. They have not stated if they will be lowering the affected residents monthly service fee.
My BIGGEST worry is my grandmother getting injured from using an unfamiliar set up.
I am also worried that the facility is not expediting the correction of this issue in the interest of saving money.
What is the best way to make sure this gets resolved as quickly as possible? Many thanks in advance.
| >On Christmas Eve of 2016 they informed her and everyone else in her wing of apartments that one of their neighbors had come down with Legionnaires' disease, and since it is transmitted in water mist- everyone needed to stop showering and cooking wih the water immediately. They have flushed the pipes but tests still are coming back positive for the bacteria.
This is a very very good reason to temporarily stop the plumbing.
>Neither of these have the assistive devices she is used to!!!!
But do they have assistive devices and is there an aide with her? I mean, you're effectively saying they can't make any changes to her environment which is, well, unreasonable.
>I am also worried that the facility is not expediting the correction of this issue in the interest of saving money.
Tests for bacteria take time. And trying to find the source in a large plumbing system also takes time. |
[Melbourne, Australia] My idiot friend wants to get a fake ID to get into some k-pop guy's 18+ concert which is hosted in a club. What's the severity of this crime, and what law enforcement should I contact to prevent her getting in serious trouble because she's a stupid 14 year old fangirl?
| I very sincerely doubt she'll be able to get her hands on a fake ID. However I'm assuming this a serious offence, so I just wanted to protect my fucking idiotic friend from herself.
I have her name, her home phone number, and her address, if that counts for anything.
| Tell her parents. |
Can I use an image that I found via google images on a product label?
| I'm selling products on Etsy and I used an image I found by searching google images that I included on my product label. What legal issues/concerns could I have, if any?
| This is copyright infringement and you could definitely get into legal troubles. Since Google is just a search engine, all of the content you find on Google images does not belong to them, but to their respective sources. Plus, you are using the images for commercial use without permission from the original author. I suggest you remove the products and or images. Unless the author has specifically stated that the image is "public domain", then I suggest you stay away from using images from Google on your products.
Try searching Google for websites that have free to use stock photography. |
I did my community service but I lied about my hours I did everyday. Will the court review security footage to make sure I did every single minute?
| I feel like a total fricking scumbag. I'm 17 and I live in California. I have school everyday I volunteer so I am already so tired and I decided that I could do like 1.5 hours and say I did 2.5 hours. I was wondering does the court call the place I volunteered and watch like security footage to make sure I did every minute I said I did? I know they call to get my completion thing but do they also do this?
| Who keeps track of the hours? Are you required to have someone sign off on the hours you worked? |
Room “smelled” like weed, forced to pay a fine
| I was at college, briefly stopped by my room and noticed my roommate was in bed on his computer. Was going over to a friends house so i put my books down and left. I find out afterwards an RA walked by my room, knocked on the door and told my roommate the room smelled like weed and he looked high. My roommate doesn’t do drugs (but sort of has the dirty-hippy look) but some in our hall do smoke in the dorm and our hall occasionally will have a faint odor. She called the police or something but they never came, room was never searched, nothing would have been found if they had searched.
She said she saw me leaving the room so she called me and him (separately) into a hearing. We had a meeting with some RD where my assurances that there was no weed in the room and that me and my roommate didn’t do drugs apparently weren’t taken into account. I find out a week later that i was found “responsible” for possession and consumption of an illegal substance and my roommate was found “not responsible”. I took the case details, including my statement and the RA’s statement to our advocacy office and they couldn’t understand why either of us, especially me, would be held responsible for this.
Do I have any way to get out of these sanctions?They want me to attend drug meetings and take a class for several hundred dollars I can’t afford. I also would prefer not to have this incident on my school record. The appeal process didn’t work, I submitted it with help from our advocacy office and it was rejected within an hour. I’ve shown other people in the university the case and they cannot understand why i was found responsible either.
Edit: I requested case information from the initial hearing and I was denied that because it went against university policy. Is this against the FERPA rules indicating a 45-day period to receive student records?
Topic:
School Related Issues
| Where is the location?
This "smells" like horseshit as they're basing this off the supposition of an RA whose testimony seems...not great.
I'd take this entire thing to your dean of students and ask wtf is going on here. Yes a school has broad authority, but this is a bit beyond the pale and before a punishment is handed down at a public (assuming) university you are entitled to due process that generally should involve more than a meeting with a single person. Answer #2: Have you confirmed that the fine is real and not your RA trying to make a quick buck? Is there a residence hall manager above the RA you could run this up to? Answer #3: You were called in separately to the meeting and you were not in the room when your roommate was asked questions? Are you sure that his assurances were also that you don't do drugs and there were no drugs in the room?Answer #4: I would go find the dean and offer to do a drug test using hair to provide proof that you are not doing drugs and were not responsible for the weed smell.Answer #5: Keep pushing forward and don’t take “no” for an answer. Housing at public universities is ass. A similar thing happened to me last year. Offer to take a drug test. |
Fiance was rammed into at a stop light, our car is out of commission and not sure what to do.
| [deleted]
| Contact your own insurance and make a claim. They could get you a rental right away and seek payment from the at-faults insurance. Rear-end accidents are almost always open and shut. |