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1,588,434,272
https://www.reddit.com/r/legaladvice/comments/gc8klr/can_i_get_in_trouble_if_i_have_stop_a_payment_for/
gc8klr
Can I get in trouble if I have stop a payment for a credit repair for my last payment but before I have stop the payment I have cancel the services agreement out before I have stop the payment In Pennsylvania or in New York City or in Austin Texas?
Can I get in trouble if I have stop a payment for a credit repair for my last payment but before I have stop the payment I have cancel the services agreement out before I have stop the payment In Pennsylvania or in New York City or in Austin Texas?
contract
1
1,422,421,236
https://www.reddit.com/r/legaladvice/comments/2txj8v/owner_of_apartment_in_nyc_coop_building_received/
2txj8v
Hi there. Long time lurker, (unfortunate) first post. This is a very surreal and rather complicated situation so I don't know if anyone has any advice but here we go... In May 2013 my roommate and I signed a lease to sublet an apartment from an owner (let's call him Dick) in a co-op building in Harlem. The whole process was very legally sound. We interviewed with the Board of Directors of the co-op, got approved, signed a lease through May 2015 with Dick, the property manager, the Board, the building, etc etc etc. The approval process was a bitch but eventually we got the keys (from the broker, at a homeless shelter...FORESHADOWING) and moved in. In April 2014, a legal notice arrived through certified mail, addressed to Dick, claiming that Dick had not been paying maintenance fees to the building, and owed about $5k. Okay. We notified Dick (who lives in Bermuda) and his mother (who lives in NYS) of the situation and he told us this was a "processing error on the building's end" and that it would be rectified ASAP. Great. In June 2014, we receive another notice hand delivered by courier, again addressed only to Dick. It says the fees still have not been paid and eviction proceedings are being brought against him if he doesn't appear in court in x days. We tell Dick and mom-of-Dick again. Dick repeats that it's an error and he and his lawyer are taking care of it. We don't hear anything else and assume everything has been worked out. Flash forward to yesterday. We receive another certified mail letter addressed to Dick. We get permission from him to open it. It's an eviction notice for Thursday 1/29 for "tenants or undertenants being fictitious and unknown and in possession of the Premises." I don't know where to start or what to do. Basically, what are our rights here? Is there anything we CAN do? We've been in contact with Dick in Bermuda and all he's told us is he's trying to resolve the matter as quickly as possible, and that his lawyer "doubts the veracity of the notices," which I think is bullshit, personally. He's also having trouble getting in touch with anyone right now due to the snow day we had in NYC today. My roommate and I are going to the NYC civil housing court tomorrow morning to try to get an order to stay the eviction, if we can. We're bringing our deposit receipts that show our rent being paid into Dick's account every month, all our correspondence with him in which he claims to have resolved the matter, our lease, and all the legal notices. Obviously all of these notices are addressed to and directed towards Dick for not paying his maintenance fees, not us, but since we have proof that we signed a lease and have been paying rent on time every month for 1.5 years, can we stay the eviction? Does this even matter? Can they still kick us out on Thursday? Do co-ops have any weird laws about this? Any advice would be much appreciated. This is a total nightmare and COMPLETELY out of the blue for two twenty-somethings who are both employed full-time at good jobs in finance and ALWAYS PAY OUR RENT. We're having to take time off work to attempt to resolve an issue which should absolutely not be our responsibility. WE HAVE A KITTEN! HE WON'T MAKE IT ON THE STREETS! Anyway. Thanks guys.
Owner of apartment in NYC co-op building received eviction notice. We legally sublet the apartment from him and reside there. What do we do?
housing
7
1,576,795,888
https://www.reddit.com/r/legaladvice/comments/ed0wyh/is_there_anyway_to_find_out_if_a_person_has_filed/
ed0wyh
Are claims public record? Can they be subpoenaed?
Is there anyway to find out if a person has filed previous claims with EEOC
employment
5
1,590,029,333
https://www.reddit.com/r/legaladvice/comments/gnosfk/protecting_sentimental_items_of_value_from_being/
gnosfk
**Long story short:** Chronically ill American that needs insurance to live. I’m turning 26 soon, and despite my best efforts insurance does not seem to be happening any time soon. However, I’m not thinking about that at the moment. I have a question about finances and debt after death. I am aware that my family will not inherit my debt (thank god), but I also know that any assets of mine would be liquidated and the funds allocated to paying the debt. ^ Would this apply to items of value? I don’t *think* I really have anything of significant value, but there are a few nick-knacks that might be worth something. However, they aware of extreme sentimental value to some of my surviving loved ones. If it does apply to items of value, is there a way to protect these sentimental items from being sold to pay off debt? Thanks! :)
Protecting sentimental items of value from being sold to pay off debt?
wills
10
1,517,195,828
https://www.reddit.com/r/legaladvice/comments/7tpfg4/employment_contract/
7tpfg4
I have a contract with my employer that guarantees a set commission off of business I bring in, as well as a term of employment (through March of 2019). Long story short, I had a hell of a year last year and the owner of the company (who personally signed my contract) is trying to push me into a “new plan” that reduces my compensation over 40% solely based on the fact that he was unhappy with how MUCH I made. If I reject this new plan, how enforceable is my current contract? Does he have the ability to not honor it and fire me even though we have a contractual agreement (TX - at will?)?
Employment contract
contract
1
1,588,349,813
https://www.reddit.com/r/legaladvice/comments/gbl2yv/i_feel_my_workplace_is_taking_advantage_of_myself/
gbl2yv
I work for an office of a large consulting and technology company. We usually work in the office but we are working from home currently. I was hired on as a software engineer but was recently put on a project with around 100 people from my office, by my manager without my awareness, any information about the project, or my consent until I had already been placed. The project is not doing software development, as is listed in my job description, but data entry and call center work. Management told us in a meeting to stop all other work and training until the completion of the project. Previously work life balance had been good, but a person above me is regularly scheduling meetings after 9pm to be held early the next morning, as well as asking us to complete tasks or attend meetings after we have completed a full day of work. Though I was told this is a traditional position, I am expected to work shifts from 8:30 to 6:30PM. I found out this morning that this week is shift one, which goes through Saturday. Shift two begins on Sunday and ends at 6:30PM Wednesday. Since myself and my coworkers also worked Monday this week, this is 10 straight days of work with no break. After this we will work shifts of Sun-Weds, with Th, F, and Sat off. However we are also working memorial day, a company wide holiday I was promised off. I am exempt from overtime, and am receiving no bonus for extra hours worked or taking on the project. No skills relevant to my career are being gained, and I feel overwhelmed not having work life balance while being under a state enforced quarantine with no personal escape. I feel my workplace is taking advantage of us because they know we cannot quit during this time, as quitting makes you ineligible for unemployment benefits, and it is excessively difficult to find a job right now. I am terrified of getting fired for the same reason. It feels they took this project to make a quick buck just because they know we cant do anything about it. I have written a detailed record of emails, things I mentioned being said in meetings and other events in case I want to report to HR. My question to this sub is, what is my best course of action? Do I have legal recourse in this situation, should I contact HR? This feels very wrong to me but I cant be sure anything is illegal, and I’m not sure what to do as I cant really afford to lose a lawsuit, especially as they will not keep me on after i file it. I am based in Louisiana, USA.
I feel my workplace is taking advantage of myself and my coworkers due to coronavirus. Do I have any legal recourse? [US-LA]
employment
5
1,590,920,842
https://www.reddit.com/r/legaladvice/comments/gtwqy6/french_lawyer_or_someone_familiar_with_french/
gtwqy6
I'm not sure if this belongs here but during my research for a coloc I've been contacted to this person who sent me pics of an apartment, everything seemed okay but I have some doubts about the contract she sent me to sign. for example the only information about the owner is her name and that's it. I'm not familiar with french laws, is this normal procedure?
french lawyer or someone familiar with french laws about lease agreements?
housing
7
1,576,169,980
https://www.reddit.com/r/legaladvice/comments/e9q811/landlord_has_been_collecting_an_extra_100_a_month/
e9q811
(Michigan) Not me but a very close friend (R) was desperate to get a cheap apartment. She found a two bedroom in a really bad part of town (gun shots and police raids daily). The landlord who she described as "shady" agreed to accept the security deposit in payments of $100 a month on top of rent for a $600 deposit. R is very shy and non-confrontational (which is why I'm writing this) and completely forgot about the extra money. R made a career change about a year and a half into the tenancy and was short on rent for a few months, worked out a payment arrangement with landlord completely overlooking the extra $100. While discussing the issue with me, R realized her error and asked the landlord about it. The landlord said "I'll look into it". R didn't hear anything for two weeks. The next time R brought it up R demanded to see proof of said deposit. The landlord got defensive, starting yelling at her, and threatened to evict. That evening there was a notice to quit on the door. R is now terrified of the landlord and will not talk to him about it. What options does R have? According to my math the landlord collected over $2000 on a $600 deposit and it's a bit fishy that when asked to show proof, got defensive. I tried to be as thorough as possible without releasing any personal information, however if more info is needed I'll be glad to help. Thanks for reading.
Landlord has been collecting an extra $100 a month on a security deposit for almost two years. The day he was asked to show proof he started yelling and served a notice to quit.
housing
7
1,589,931,738
https://www.reddit.com/r/legaladvice/comments/gn05qe/landlord_with_repatriated_tenant/
gn05qe
My mother is a landlord for a rental house. She rents each bedroom individually. One of the tenants is an international student and has been told that he will be repatriated to his country at the end of the month due to COVID-19. Is he still required to pay his rent for the rest of the term of the lease?
Landlord with repatriated Tenant
housing
7
1,590,334,104
https://www.reddit.com/r/legaladvice/comments/gprk1z/tx_roommate_abusing_her_pet_but_reporting_it/
gprk1z
**TL;DR: I have concerns that my roommate may be abusing her pet cat. I would like to do something, but am concerned about possible legal ramifications for myself if any investigative entities are involved.** ##Background: Approximately a year ago, I rented an apartment with a coworker I barely knew out of desperation - I had nowhere to go, and my previous lease was ending. There was initially no trouble, until random people began showing up at my house unannounced near daily to spend hours getting high; I attempted to tolerate this until finally confronting her about it. She stopped for a few weeks before losing her job and beginning to deal herself. While I generally stayed out of her business beforehand, I now have no idea where her money comes from, - whether that be dealing or now a legitimate employer - where she spends most of her days, and who she associates with. Over the course of several months, smoking occasionally became a daily, multi-hour ritual. I struggle to get utility bills from her, though she clearly has the money for them. One day, I arrived home from work to find she had bought a cat. I have no idea from where, and couldn't afford to pay the rent or insurance increases we would need for her to keep it, so, against better judgement, decided to look the other way. Initially, I thought it was just an idiot. Now I have other concerns. Since losing my job due to COVID-19, I've been home with it for very extended periods of time, and begun to notice concerning behaviors. While I have no idea where my roommate goes all day, its litterbox is in her room - which it is sometimes locked out of, occasionally while she is away, and very often at nighttime. While it was originally largely confined to her room, it now basically lives in the livingroom and kitchen, with minimal access to its food bowl, water, and litterbox for extended periods of time each day. I am also not aware of if it recieves veterinary care. Additionally, it's begun hiding in corners or behind the shower curtain, flinching when I move, and occasionally freaking out at random and running around the apartment, smashing into things. It appears to be breathing quickly and in a state of extreme stress at all times. Having owned a cat myself, I'm beginning to have concerns that outside of neglect, she may be abusing it. I occasionally hear shouting from her room, seemingly directed at it, and in cats, the tendency to hide in corners is a protective behavior. I have already decided it is in my best interest to leave my apartment and sever contact with my roommate as soon as possible; however, I am currently financially unable to. I have concerns that if I were to call anyone about my suspicions of abuse, she would stop paying rent, and I would be forced to cover the entire apartment if she decided to simply break lease and leave. While I have multiple friends who have offered to let me crash at their house should such a situation arise, I have additional concerns - both my foolish decision to neither alert my apartment complex or insurance agency of the cat's existence, and my decision to "look the other way" with my roommate's drug-related activities. --- I'm unsure of what direction to take with this, as there appears to be blatant animal abuse happening before me, while I have disregarded multiple legal obligations (rent contract, insurance, knowingly ignoring possession) and risk the possibility of my mental health being used against me if a legal dispute were to arise. Am I in any position to make a move? This animal drives me insane, but I don't enjoy watching it suffer.
[TX] Roommate abusing her pet (but reporting it might land *me* in legal trouble)
housing
7
1,589,641,166
https://www.reddit.com/r/legaladvice/comments/gkvzfn/can_a_salaried_employee_be_forced_to_use_pho_to/
gkvzfn
My wife is a Hospital employee in Missouri and due to the Coronavirus she has been scheduled less / sent home early in the hospital is forcing her to use her PHO (paid hours off) to make up the difference. She is contracted for 40 hours a week but is currently being scheduled for 24-32 hours (1-2 days) off. She is also being sent home early and being told that is she wants to get paid she needs to use PHO for that too. Is this legal?
Can a salaried employee be forced to use PHO to make up for days sent home / not scheduled?
employment
5
1,590,104,258
https://www.reddit.com/r/legaladvice/comments/go811a/chicago_landlord_knowingly_rented_out_an_illegal/
go811a
Lots of moving parts here. Our apartment flooded almost a week ago. Our landlord mentioned when we first moved in the water had backed up a bit and so to not leave my computer on the ground since it was around the corner of the bathroom. He underplayed the hell out of it: About a foot of dirty water came out from the shower and toilet ruining a bunch of furniture, miscellaneous boxes of papers, books on the bottom shelf the next room over, some spare computer parts in a separate bedroom closet, etc. I did follow his advise and lift my computer and kept an eye on things so it survived. Apparently something with the city drainage during rains doesn't work properly which floods the neighborhood's basements, as he told me the day after our home flooded. We moved out immediately and informed him we will not be returning. We've given back keys and moved/thrown out all our belongings, taking pictures of all our belongings that were damaged. He's returned the security deposit and said orally he would return half the rent (we paid for the full month but it flooded halfway through the month). He has not given back the half month's rent yet. My girlfriend and I were too naive when we first moved in our first apartment together, but there has since been a lot of red flags I've recently realized. The apartment is definitely illegal. Our unit is the basement of a house, only one entrance in (other door out leads through their house), no lease was signed (we pay month to month and have been on time via checks for over a year), and no separate utilities or mailing address. I'm stupid for not realizing this earlier and that's on me. But it was a very good deal in an expensive area and lined up well with the end of my prior lease. From what I understand landlords are supposed to be licensed and if the apartment has the above issues it hasn't been inspected. He's also been generally defensive and avoids speaking natural languages depending on who's present (landlord primary language spanish but speaks English very well). He chose to speak in only english around gfs mom who speaks mainly spanish and poorly understands english, whereas with me and gf he spoke only in spanish leaving me out in conversation and rapidly spoke condescendingly at her. She's a rather small and anxious person so I'm concerned he was trying to cut me out the conversation and defend her) He's offered to include our damaged things today in his property insurance claim and reimburse us, but when we met in person started saying we probably wont get much and that we threw out a lot of things that weren't damaged (they were). We think he may be trying to low ball the amount. He even accused us of chipping the wall paint when it was clearly the flooding and humidity that caused it while we were gone. We had taken down a poster that had sticky tape (never been an issue previously) but the paint just slid right off. Because, yknow, a foot of water soaking into the walls. With all these issues with the apartment, unlicensed landlord, renting out a flood prone unit, what can we do to make sure we get our money that was promised and possibly money in damages? We want to act as legally and ethically as possible. We've been nothing but the best tenants (he said so himself). Thanks ahead of time.
[Chicago] Landlord knowingly rented out an illegal apartment prone to flooding
housing
7
1,588,979,983
https://www.reddit.com/r/legaladvice/comments/gg42bp/az_worked_on_app_for_a_group_project_they_want_to/
gg42bp
So I had to come up with an idea for an app in my compsci class and people could sign up for it. A bunch of people signed up for my app and we worked on it before turning it in at the end of the semester. If I'm being honest, I did majority of the coding and UI for the project. My teammates essentially only helped with the write-up portions of the project that we had to turn in for a grade. My team is now discussing putting it on the app store and trying to monetize it, but I am concerned. First off, this is my app and I did most of the work, so I want to have primary control over the app. I want to know who this app legally belongs to and who has the rights to use it? Since it was a group project, can any of them legally take the app and try to monetize it?
[AZ] Worked on app for a group project, they want to monetize it but it was my idea.
school
9
1,577,960,546
https://www.reddit.com/r/legaladvice/comments/eiwko6/credit_card_points_help/
eiwko6
I used my credit card’s points to book a hotel in April for a stay in August 2019. Upon checkout the hotel charged the same credit card for the room. I have called many times and have been told it will be resolved in 6-8 weeks. Each time the refund is cancelled because of “insufficient evidence” until I call again and customer service says it is an obvious fix. It is never fixed. I have been out more than $450. How do I get this resolved? Do I close my credit card? Should I say I’m taking the case to small claims court or file a police report? I stopped using it after becoming so frustrated with this experience.
Credit Card Points Help
contract
1
1,576,013,277
https://www.reddit.com/r/legaladvice/comments/e8x1at/wifes_coworkers_promoted_to_positions_she_was/
e8x1at
I ask here because I'm sure there's legal action that could be made but frankly I'm not sure. For me, I work in such heavy demand if you looked at me incorrectly I could quit and have a job by Friday. But for her, she's been there forever and while the benefits are amazing, the pay is not. She's interviewed many places, but it seems like she would need masters or better to grow. She's more about the organization and the cause and liked the idea of growing in that organization. The organization she works for is a not-for-profit in DC that acts as a part voice/lobbying/school for doctors in a particular field. Unfortunately since its financed by the doctors they also generally nominate other doctors to act as VPs/Officers for a term over departments. Essentially, no matter how much you grow in the organization there is the ceiling that is obvious. About 3 years ago my wife, after about 10 years of service, asked to become a Senior Manager. Which essentially is a title as it doesn't mean you take on staff or you climb the ladder. Literally no job description change. It just is a title change and a small pay bump. Over the years, multiple senior managers around her had retired and she felt it was time to simply ask how you become one. Her manager (title Director) seemed excited and wanted her to grow. She approached her VP (termed Doctor) at the time and they put her on a project to prove her "worth". Said project was due at the end of the year that year and they would re-access the request. At the end of that year in December she presented her project findings and results and the VP dismissed the presentation as "late". She would not be considered for the promotion. Upon push back, the VP scrambled and determined that there were no opening for Senior Managers and the promotion was impossible. But if she were to take on another project they would re-access at the end of the next year. At the time (we weren't married), I wanted her to take action with HR and then get ready with a lawyer. But she didn't and she asked her manager to take any of these side projects off her plate. About a year ago, that VP was replaced. Flash forward to now, my wife just found out a couple co-workers are going to receive promotions to Senior Manager and on questioning her boss, her boss admitted that apparently there were multiple openings for the position open for quite some time. She wants to go to HR, but I feel she missed having the first issue documented. As well if she does I have a feeling from prior incidents that the organization would almost certainly retaliate. Does my wife have any legal argument in what I think is a "he said, she said" issue without documentation?
Wife's Coworkers Promoted to Positions She was Denied Years Ago based on the Openings Didn't Exist
employment
5
1,590,693,786
https://www.reddit.com/r/legaladvice/comments/gsctmr/my_child_going_back_to_schooldaycare/
gsctmr
My ex and I recently got a divorce and it was pretty nasty and she in the final decree got the right to education. We have a 5 year old who goes to a private pre elementary school. I work from home and since COVID my kid gets dropped off here on the days they would be going to school and their mom picks them up when she gets off except for my days. My question is my ex has decided it is best our kid goes back to school but it’s the summer time and the curriculum changes and it’s a daycare. I don’t feel comfortable taking my kid to an all day school right now in the middle of a pandemic. Since my ex has right to education does this include summer daycare? Meaning on my days do I have to take her to the daycare?
My child going back to school/daycare
family
6
1,515,573,898
https://www.reddit.com/r/legaladvice/comments/7pecac/my_abused_mom_desperately_needs_help/
7pecac
Sorry if this is the wrong place to post this but I don’t know where the right place is. My step father is beating my pancreatic cancer having mother and the cops are doing nothing about it. She got a charge on her for intent to assault with a deadly weapon when she was trying to protect herself. They now want to put her on five years probation. The police got my step father with a charge for threatening her with a gun, hitting her, and even confiscated the gun but dropped his case. Older brother witnessed the whole thing. Tried to protect her. Now every time she calls the police after he hits her, they do nothing. One time even going as far as to arrest her. She has no where to go and no money to her name. I would help her but am jobless and living with a friend. Working on finding a job to get her out of there. I just need advice as to what to do. She’s turning into a battered wife. Now accepting her fate instead of trying to save herself. I’m going crazy just trying to figure out how to help her. Houston, Tx
My abused Mom desperately needs help.
family
6
1,476,601,640
https://www.reddit.com/r/legaladvice/comments/57qefa/my_previous_employer_created_2_separate_instances/
57qefa
EDIT: Location: Missouri - USA * I resigned from a company in April. * My manager and clerk failed to process my termination papers. A third party from the company entered a wrong termination date two months later. * The company's accounting system automatically generated an 8 hour pay check for both May and June despite the fact that I didn't work for the company or submit any time claims. * Due to my termination papers being mishandled, my benefits appeared to carry over and I never actually received a pay check. Instead this erroneous pay was used to pay non-existent benefits. I never got a direct deposit or cashed a paycheck for these hours. * I found out about this when I was contacted by the company in late August and told that I had been overpaid and needed to repay this debt. * I contacted the company several times and talked to many people from multiple departments. I got confirmation that they know I quit in April, they know I didn't actually work or submit any hours for May or June, and they know I did not receive any money from them for these hours (no direct deposits, no cashed checks... it all went to pay for the benefits that I shouldn't have had). * Nobody at the company was able to fix the problem. I started with accounting who said they can't reverse this until benefits releases the funds. I spoke to benefits who said they can't reverse the payments until the termination date is fixed. I spoke to HR who told me that the termination date can't be changed as long as I have payments beyond my actual termination date. I went through this circle twice opening new tickets and spending longer and longer explaining my situation to no avail. * I was finally given the number of the person who entered the wrong termination date and spoke with them. They thought they might be able to fix it but needed to talk to people to make sure it wouldn't cause even more problems. I didn't hear back from them and failed to follow up. * I got a letter in the mail today saying the company sent me to collections for this overpayment. I have a credit score of 850 and am trying to avoid taking a hit over this debt claim. I left the company's name out because I'm not trying to smear them. I'm just trying to save my credit score. I should mention the "debt" is $246, but I refuse to pay it since I don't feel it is mine. Any advice on how to respond to the collection agency as well as where to go from here would be greatly appreciated! I'll gladly check back as I am able and provide more details as requested. Thanks for your help.
My previous employer created 2 separate instances of over-paid time despite my resignation and sent me to collections in order to collect pay that I never received.
business
0
1,576,970,610
https://www.reddit.com/r/legaladvice/comments/edx19w/hit_by_a_truck_and_broke_a_bone_should_i_get_a/
edx19w
Honestly not sure if the flair is right for this one. Sunday night I was driving on the highway and hit a patch of ice and went into the median. Got myself back to the shoulder and though my back wheel sounded funny so I got out to check. This is the last thing I remember. Next thing I know a guy is standing in front of me saying he’s gonna go call for help. Turns out he slid into me and hit me while I was outside my truck. My memory is pretty patchy for the next bit but I know something is wrong. Get taken away in an ambulance and find out I have a broken collarbone, fractured rib, & several cuts and scrapes. Some of which were on my head and got stapled. I’ve now had several people tell me i need to get a lawyer, but I honestly don’t know which kind to look at. I still haven’t gotten the police report on the incident or any of the other drivers information. I did find out yesterday that my truck was totaled. And I was honestly on the fence about getting the lawyer until I sneezed today. The sneeze was five hours ago and I feel like someone stabbed me in the back. Can’t remember having this much pain in one location. So I’m really just looking for any and all advice cause I’m really out of my wheelhouse on this one.
Hit by a truck and broke a bone. Should I get a lawyer? (Arizona)
driving
4
1,578,472,327
https://www.reddit.com/r/legaladvice/comments/elq28t/what_will_happen_to_my_kids_if_i_am_sent_to_prison/
elq28t
I am married with two daughters, one is 24 the other is 15 and they both live with me and the wife. My wife is a terrible selfish woman and our kids will surely be better off staying somewhere else. Is there anything I can do to make sure they stay away from her if I am sent to prison? Also I will possibly have to register as a sex offender which may hinder my chances of seeing my kids.
What will happen to my kids if I am sent to prison?
family
6
1,576,124,690
https://www.reddit.com/r/legaladvice/comments/e9iopr/chances_of_winning_if_i_fight_a_ticket/
e9iopr
Location - Florida. So today I wrecked my car. I turned at a light and it was rainy and my car just slid all over once I turned and I lost control. It spun in a circle before it slammed into the curb. Luckily it didn’t hit anyone or anything, and the only damage done was to my own vehicle. Apparently my rear driver wheel axle cracked, my rim cracked, and my whole front bumper was knocked off. So anyways, only one lady stopped, and she didn’t witness it, she just called the cops for me. The state trooper came, and he ended up giving me a ticket for careless driving. I feel like I shouldn’t have to pay it, because I didn’t damage another car or anything . It didn’t even hit anything besides the curb. So what would be the chances of me winning if I wanted to go to court and fight it? If it’s relevant, a few months ago I got a ticket for violation of right-away, but I paid it and took a course so I got no points or anything. There’s no real way to prove I was driving carelessly today, so would it be likely that I’d win?
Chances of winning if I fight a ticket?
driving
4
1,476,732,712
https://www.reddit.com/r/legaladvice/comments/57zb30/car_damage_after_being_towed_could_use_some_advice/
57zb30
Located in Dallas, TX. I have been in a big debate with my insurance and car repair place for some damage with my car after it got towed and I need some advice. Sorry in advanced for the long story... On July 30th I parked my car at a friend's apartment. I had no idea you needed a sticker to park in the lot and my car got towed. My car was running completely fine before that. No check engine light or anything. When I finally picked it up from the tow yard I started the car and I heard a grinding noise for about a second and then the car died. It wouldn't turn over after that. I contacted insurance and got it towed to a car repair place. When insurance checked my car they said I had some wear and tear issues and deemed that it wasn't under the policy. After I got those parts fixed my car still wouldn't run. After about a month and a half the car repair place finally realized it was my timing and got that fixed. I drove out of the shop and when I sped up to get on the highway my car all the sudden loss engine power and the engine sounded off. I pulled off the highway and parked it as quickly as I could. I got it towed back to the repair place and they said another part was messed up and it messed up my timing again. Basically they took the engine apart again and I called insurance to check it out again. The repair place said that the short time I drove my car caused metal scraps to get in my engine and said it was ruined. My car is now totaled, because it worth maybe 4-5 thousand. Insurance said that because they already took it apart and through the oil out they can't prove anything. Also saying the air intake wear and tear from before could have caused the issues. I have statements from people on Reddit, a local tow guy, and another repair guy all saying that if my car got towed in 3rd gear (I usually leave it in 3rd) that it could have slipped my engine back and ruined the timing. Insurance wont't help and I am extremely sure the tow company caused this by towing it on the front wheels, but I don't have proof. Do I have a chance to take this to court? I feel like a jury would give me the upperhand. I paid 3 thousand in repairs and now my car is totaled and is worth nothing. I just want to get my money back, especially because this is in no way my fault. TLDR; Tow company towed my car, and now it wont run. I have no proof that they towed my car on my front wheels, but if they did, it could cause damage to my engine. Need to know if I should contact a lawyer and take them to court.
Car damage after being towed, could use some advice!
driving
4
1,590,854,807
https://www.reddit.com/r/legaladvice/comments/gtglqz/maryland_full_time_employee_being_scheduled_part/
gtglqz
Hi I am just trying to figure out if I have any options here. Can’t find the information on google. Only part time to full time status on google Context. I am a retail manager. I was furloughed back in March. I got to keep my health benefits and collect unemployment. I am extremely lucky I know it can be a lot worse. I go back to work next week. I have been told for the past couple of days that when I return I will be working full time hours but shift times are different (coming in earlier, leaving earlier, still 8 hour days). I was literally told this yesterday, however, I got my schedule and was only scheduled 24 hours. I have called my boss, texted, gotten no response. This is where it gets hard to explain if you need more information just let me know. But in short the company is in two different modes based on local laws. In one mode I would be scheduled 40 hours in the other I will only be scheduled 24 hours. I was told we would be opening to the mode that I am scheduled 40. I am so concerned because I can not afford to live off of 24 hours and will be making $1 more than my states unemployment maximum. So I will not have the option to work pt hours and stay on unemployment. Pls do not be confused I desperately want to go back to work. I just want to be able to afford basic necessities. I want to know if there is anything I can do if I was hired as a full time employee but am being scheduled as a part time employee (less than 30 hours)? Is this legal? Are they required to schedule me a minimum of 30 hours? Does my employer have to notify me of a status change?
(Maryland) full time employee being scheduled part time hours
employment
5
1,576,598,805
https://www.reddit.com/r/legaladvice/comments/ebxpyt/older_workers_benefit_protection_act/
ebxpyt
The federal law requires that older workers those over age 40 be given at least 21 days to consider severance agreements and then another 7 days to revoke them I was given the choice of moving to another division in our company with a $50,000 pay cut from 100,000 or a six-month severance package I was given less than a week to decide I chose to stay thinking I could build up my pay since I'm in sales now I know this is impossible to do anytime soon I am thinking of asking for the severance package back based on them not explaining or me knowing that this timeframe existed. Thoughts ?
Older Workers Benefit Protection Act.
employment
5
1,588,534,803
https://www.reddit.com/r/legaladvice/comments/gcwrj9/my_mom_could_lose_her_house/
gcwrj9
So, my mom has been living in my great grandmoms house since she passed in 1998 and even a few years before that as she was her caregiver. After her passing the house because legally own by my grandparents and my mom kept living there all the way up to now. Today, my grandfather passed. Quick backstory on my grandmother; she an abusive women who mentally and have physically abused an child or grandchild that lives with her unless they were a boy. So both me and my mom have suffered at her hand. My mom has been asking her to put the house to be given to her (my mom) in my grandmothers will and she’s just been lackadaisical about it despite making sure another house goes to my mom’s brother. Now I fear that either my mother lose the house either by it not being in the will or by liquidation because of my terrible grandmother. Is there anything that my mother can do or use to gain ownership. Almost in the way of squatters rights. Forgive me, I am not law inclined.
My mom could lose her house
housing
7
1,519,136,423
https://www.reddit.com/r/legaladvice/comments/7yw76s/rome_italy_tenant_rights/
7yw76s
Hi r/legaladvice, So some backstory, I am an ex-patriot living in Rome, Italy. I recently, start of January, moved into a new apartment using a real estate agency that acted as an intermediary between me and a land lord. About a week into living there I realized that the windows would collect large amounts of water on the inside when closed, like puddles of water. Naturally I already was leaving the windows open to shower and cook but after that I left them open all day except when I slept, which sucks because it was/is cold. The only time I closed them was the night. Anyway, two weeks into living there I realized there was mold above a window. I called the agency(they handle problems, issues, and general land lord stuff) and they told the land lord who sent someone over to fix the mold I found. It was cleaned but then like two days later visibly began to return. We started to look around and there is a rediculous amount of of black mold everywhere. Since the beginning of February we have been trying to get them to fix it but the land lord refuses to saying it’s due to the humidity and do our fault even though 1. that’s bullshit an apartment should not have that problem, 2. the mold is much older and more extensive than the short time I have lived there, and 3. We have done everything they tell us to do to try and fix it or make it better yet still it is there. I just want to know, because the land lord refuses to do anything even though at this point the mold is obviously (due to the result of the “cleaning”) not just on the walls but inside them so will grow back without professional cleaning, what I can do to fight this, especially because my land lord says it’s our fault due to the humidity so we have to deal with it. (She would only fix it if it’s because if a leak) I just want to leave at this point as I have been developing breathing problems and my girlfriend who lives with me got a double ear infection. The mold is horrible, all my cloths smell like it and the towels smell so bad it makes me way to throw up when I dry myself. So r/legaladvice, is there anything I can do as a person on a visa? What are my rights? What can I do to fight this/get it fixed/leave/get my security deposit back and not have to pay the fee for breaking contract? [mold photos(the one with little in it is the two-three days after it was cleaned)](https://imgur.com/a/Ku6Sh) there is a lot more around the apartment but I’m not home so can’t take the photos. td:rl lots of mold, live abroad on visa, land lord won’t help and says it’s my fault, how do I fight?
Rome, Italy tenant rights
housing
7
1,474,771,689
https://www.reddit.com/r/legaladvice/comments/54de90/mn_landlord_didnt_get_a_deposit_from_a_roommate/
54de90
I've got a lot of issues here, but I'll try to boil it down. I lived with V (27m) and A (32f) for about nine months. V is a restaurant worker who was a recovering alcoholic and heroin user (the former he informed me of, but not the latter) and last month he moved out with 3 weeks notice, leaving 700$ in delinquent rent and a room and apartment so filthy I couldn't try to find roommates until now, when things are more clean. On the first of this month, when the landlord came in to change the locks (V's cousin had come over and stolen my XBOX 360, my brother's Wii, and about 100$ worth of games. Also someone had stolen A's keys.) he decided to stay and lecture us on how horribly filthy the house was, and how much he spends on being a landlord. He listed a bunch of fees, including 350$ for a cleaning of the shared sewer, and 500$ for an excessive quarterly water bill caused by V and A's shared bathroom's broken toilet. (They either didn't notice or didn't care that it was running constantly, and I never go into the bathroom, which is nasty) Water is covered per our lease, but I'm not sure if there's a stipulation about overuse. He also wanted to have us pay V's 700$ delinquent rent. I pushed back and refused to pay for anything but the full rent after V left, even though I know he could legally evict us for not covering V's delinquent rent. (I think) He also gave us this huge sob story about how he's replaced the carpet and the wood floors and he came in and cleaned the windows and spent 6k$ last year fixing the sewers (before I ever moved in) I got another message about the money from him yesterday, and I told him he could cover most of V's delinquent rent with the deposit. At that point he told me he hadn't gotten one. I don't remember that, and I don't think I should be responsible for this money that he didn't get. I'm getting really pissed and obviously planning to leave, but can he actually go after me for V's delinquent rent? We're probably month-to-month, since I was subletting and I started in October of last year. But I've never seen the lease and I don't know the right way to request all the paperwork. My mom recommended I tell him I'm gonna get a lawyer, and I know I need to go get a consultation, for sure. I need to find a new roommate, too, because I don't want to keep paying half of 1500 dollars. The landlord has also threatened to evict us a couple of times if we don't get the house clean, so I've been cleaning it, including the insane amount of really disgusting filth including blood smears in V's old room. tl;dr: My landlord didn't make my deadbeat roommate pay a deposit, and let him be repeatedly delinquent on rent for about four months. He's finally left, but he left a debt that my landlord's trying to get from me and my other roommate. Is any of this my responsibility? If so, what is the best course of action for me? FTR: A is borderline useless, just plays second life all the time and can't sleep in her own room because it's hoarded full of mannequins so any solutions involving her are not gonna work. (Though she is so afraid of being evicted that she offered to pay the 700$ herself.)
[MN] Landlord didn't get a deposit from a roommate who left, is now demanding we pay his delinquent rent.
housing
7
1,519,684,506
https://www.reddit.com/r/legaladvice/comments/80h7rm/spousal_assault_allegations_against_my_brother/
80h7rm
My brother has a court date set because he is alleged for spousal assault. She gave him scratch marks all over his neck, and all he did was try and restrain her by pinning her down and grabbing her arms. When the roommate called police, they noticed marks on her arms and arrested my brother. When he was brought into the station for questioning, they took photos of the scratch marks she left on him and took his side of the story. He did not hit her once, and he doesn’t remember leaving any bruises on her, but it could be from the restraining force. The officers said there are no witnesses, but cannot drop the charge because she has marks as well. How would these proceedings go? Edit: Location is Toronto, Ontario, Canada, and the incident happened when he was over her place.
Spousal assault allegations against my brother because he restrained his girlfriend in order to protect himself
criminal
2
1,419,014,078
https://www.reddit.com/r/legaladvice/comments/2pt5x5/comcast_business_contract_cancellation_il/
2pt5x5
First, thank you for taking the time to look at my post. Second, I have to let you know straight up that I screwed up. I did not realize that the rep put me down for 36 months. I had no intention of using this service for that long, at most we discussed that it would be two years. That is one hundred percent on me not reading the contract thoroughly. I get that and am pretty pissed at myself for not catching it. Obviously I have some amount of motivation to get out of this contract. Recently I received a notice for a fee increase for the modem that I am renting. The modem is required to be rented from them in order to use the static IP address. I recalled that this is way to escape cell phone contracts, you just have to cancel within thirty days. I went back and reread the contract and low and behold they allow thirty days from notification to cancel the contract. I found this in section 4.3 of the terms and conditions. I was initially connected to sales and explained my situation. The guy who creates these contracts said that this was obviously a mistake and that they needed to fix it or dissolve the contract before he sent me to the retention department. The first discussion was my favorite. I was barely able to understand the lady I was talking to due to her being quiet and there being quite a bit of background noise. She refused to let me out of the contract and fumbled her way (after a decent amount of me nagging her) through the contract and mentioning some sections that stuck out to her. Her response was seriously, *"Comcast would not raise the fees if it did not say so in the contract. I am not a lawyer and I can not find the wording verbatim for you but Comcast can raise fees with no effect."* She even pointed me to 4.3 but refused to hear me out. I've been through it with three people now and they all seem to have no sense of what I am getting at nor are they able to give me a solid answer on where it says that fees are different and can be raised. I finally called up today and just attempted to cancel it figuring that I would go through small claims court to get this sorted out. In order to cancel the service, I have to sign a document indicating that I am responsible for the Early Termination Fee. If I don't cancel today, then I don't believe that I will have any ground to stand on if I am provided the service. I am starting to wonder about my own thought process at this point. Does it look like I have a leg to stand on? I'm getting to the point where I am wondering if it is just better to keep the contract but I think that is just a general Comcast strategy. Again, thank you for taking your time to read my post and I appreciate brutal honesty. [Notice](http://imgur.com/eAyzcLw) [Service Order Agreement](http://imgur.com/hUVq8N0) [Declined Disconnection Document](http://imgur.com/lwB0E19) [Business Services Terms and Conditions](http://business.comcast.com/docs/default-source/terms-conditions/bussvcsver_23_published_141017.pdf?sfvrsn=0) [Section 4.3](http://imgur.com/g7wx0oi)
Comcast Business Contract Cancellation (IL)
business
0
1,514,943,788
https://www.reddit.com/r/legaladvice/comments/7nr9el/virginia_client_overpayed_their_gratuity_wants_it/
7nr9el
Posting for a friend, hope I flaired this correctly >So I worked a private event and they had a great time and left extra on top of the gratuity. 7 days later they called and said it was a mistake (hard to believe considering the amount of paperwork involved in private events detailing every last little fee) they want their money back. My employer agreed and is now expecting me to pay this money back out of pocket. That money is spent and gone. Sorry not sorry but I think my employer should return this money seeing as they agreed to without asking me. Also they stayed an extra 2 hours after their alotted time...we charge $200 per extra hour, if they wanna be petty why can't we? Plus it was a company Holiday party, isn't that tax deductible? I wonder if they know it's coming out of my pocket not the restaurants. So, 1) is my friend responsible to pay back the gratuity? Since the company agreed to refund the gratuity doesn't the responsibility for all to the company? 2) what is the recourse if the company either withholds future tips, or reduces her schedule? Does constructive dismissal come into play if the schedule is only reduced?
[Virginia] client overpayed their gratuity, wants it back. company agreed.
employment
5
1,589,619,863
https://www.reddit.com/r/legaladvice/comments/gkrmp6/am_i_required_to_stay_ohio/
gkrmp6
Am I required to stay past my scheduled time? Do I need to wait for relief? Or does the company have the right to pursue disciplinary action if I leave before relief arrives?
Am I required to stay? (Ohio)
employment
5
1,578,672,608
https://www.reddit.com/r/legaladvice/comments/emt17p/nc_usa_i_got_a_financed_vehicle_accidentally_got/
emt17p
I got a financed vehicle through a dealership, and I got insurance on the vehicle through Geico. I put down it was a financed vehicle so I assumed that I was getting full coverage, but it turns out it was just liability. While I still had the temporary license plate on, I got in an accident and the car is likely totaled. I didn't tell the dealership, and the insurance has no idea how bad the damages to my car are. Shortly after, the dealership asked for a photocopy of the cosigners drivers license in order to register the car. I've been ignoring them, as I don't want to register it. They're now saying that they're going to have to repo the car if they can't register it. What does this entail for me? Should I let them repo it, or would that negatively affect my credit? Would I owe them the money for the car if they tried to repo it? I don't want anything to affect my credit as I have a cosigner and it would affect theirs too. When I got the car, they never gave any copies of the contract. I had a third party call and ask for them, they said they'd email them but never did. I don't want to ask myself because I want to avoid talking to them at all without legal help. What can I do here? I really don't want to pay off the car that I can't drive ###TL;DR: I financed a vehicle, got liability insurance, crashed it right after, now the dealership needs a photocopy of the cosigners ID to register the car. They're saying they'll have to repo the car if they can't get it. Is there any way I can try to avoid paying for this car without negatively affecting my or my cosigner's credit?
(NC, USA) I got a financed vehicle, accidentally got just liability insurance, then got in an accident and the vehicle is likely totaled. The dealership is unaware, and is asking for a photocopy of the cosigners license to register the car, saying they'll have to repo the car if I don't respond.
contract
1
1,576,189,478
https://www.reddit.com/r/legaladvice/comments/e9up3k/back_child_support/
e9up3k
How do you sue your father for abandoning you at 2, with never paying a cent for child support? I live in NYS. He is a multi millionaire dirt bag, with 5 other kids he paid for to go to school, paid their 1st homes, etc... I've since been in touch with him from age 16 on & off again. He had me move to NY, and promised the world, and did nothing. Now with no education, and mental illness I cannot hold a job. I worked for my cheap ass dad for a measly $30,000 a year in NY, on my own. I begged him to help me go to college, while he put his other 5 kids through, and he just refused me. He fired me from my job when I was pregnant on bed rest with my first child, back in 2007/08. My mother was only 17, my grandparents pretty much raised me in Pennsylvania. TIA for any advice!
Back Child Support
family
6
1,424,933,526
https://www.reddit.com/r/legaladvice/comments/2x7jvt/wrongly_accused_of_academic_dishonesty/
2x7jvt
Location: California I have been accused of cheating on a final exam in one of my classes last semester when I didn't. It seems that apparently I have the same wrong answer as a student who was sitting next to me. After talking to the dean and trying to prove my innocence, apparently the professor does not buy it and has chosen to move this case towards a hearing. Is there any way I can successfully prove my innocence? I'm finding it hard to prove that I'm innocent since all I have are the study materials I used, my thought process behind writing down the wrong answer, and my clean record. I plan to apply to medical school this June and although I know I earned at least a B, I'm pretty much willing to settle for any grade as long as I am not wrongly accused of academic dishonesty on my transcripts. Thank you ahead of time for any advice you can give me! UPDATE: I ended up hiring an attorney to help me on my case. After acquiring both exams and explaining how I got to the solution to each question (via study materials, lecture notes, and lecture slides as well as my thought process behind every question), I have been cleared of all charges and will be able to apply to medical school with no problems! Thank you all for your help! Really appreciate you guys helping me go towards the right direction.
Wrongly accused of academic dishonesty
school
9
1,516,202,609
https://www.reddit.com/r/legaladvice/comments/7r1o4j/without_plumbing_for_a_week_but_landlord_is/
7r1o4j
The plumbing from the road to our apartment collapsed. It’s a duplex and the landlord actually lives in the property as well. We have no water running in the house at all including the toilet. Landlord has had plumbers at the house but can’t correct the problem until “early next week” due to plumbers being booked up even for emergencies. We can’t afford a hotel and have no one else to stay with. Landlord has offered us rent reduction per day of the issue (total rent/31 days in the month) Times (days without water). This is obviously not a liveable situation. It is the winter and we have had a few blizzards. Assuming we get snowed in we will be unable to reach bathrooms or drinking water. What options do we have available to us? We don’t have another apartment to move to until our lease is up on March 1st although the unit we are moving to may be available early. We have a break lease fine and would lose our deposit plus pay rent per month left according to our lease agreement.
Without plumbing for a week but landlord is trying to get if fixed. Can’t afford/find alternative housing. What options do we have? (NY state)
housing
7
1,575,507,263
https://www.reddit.com/r/legaladvice/comments/e6968s/amicable_divorce_with_assets_and_real_estate/
e6968s
My wife and I are divorcing, using mediation. She wants to keep the house but it was appraised higher than we realized and perhaps higher than she can afford and get prequalified. It would be a cleaner and quicker process for her to be able to keep the house (I would like her to keep it anyway) but I don’t want to lose out on the equity I built to the value of the home and the better appraisal. Are there any other options other than selling the property and splitting the profit (which would cause us to delay the divorce until it can be sold, and would add a 6% realtor fee if we don't sell it ourselves)? Background info: The house was purchased in MN with a 270k mortgage. I have 248k remaining on the mortgage. The house appraised for 320k (72k difference - 1/2 coming to me would be 36k). We also have an asset split. She is keeping most of the assets and I am receiving half of their value, around 12k. I don't want to lose out on my 'half' but I would also like her to keep her dream home. If I take less than my half it might be an option but I know I'll regret that once I've moved on. Any thoughts out there in the aether?
Amicable divorce with assets and real estate running into a snag
family
6
1,589,382,812
https://www.reddit.com/r/legaladvice/comments/gj0xqo/students_taking_advantage_of_exam_stress_to_make/
gj0xqo
Hey guys, first time posting to legaladvice and I'm not totally up to date on the formatting, etc. Please forgive me for any missteps! My mother used to head a university program in the UK for a postgrad medical field. She's still the admin of a Facebook group that is meant to connect new students with current/graduated ones so they can share advice and help the new students get through. Just yesterday she discovered that certain members of the group were trying to make money by selling exam tips in the Facebook group - and, worse, one of them had ripped an entire file from the program itself, basically a template for helping students (not copyrighted), and was *selling* this template to students in the group. She removed the post and notified the member that she felt it was inappropriate, he sent a very angry response which she hasn't read yet. I was wondering if there is any legal standing to stop this kind of thing going on? I haven't told her I'm looking into it yet, she's got enough on her plate as is, but it's really scummy of these people to extort already vulnerable post-grad university students like this! Any advice you can give would be appreciated!
Students taking advantage of exam stress to make money
school
9
1,578,849,007
https://www.reddit.com/r/legaladvice/comments/enq393/are_dot_preemployment_drug_tests_confidential/
enq393
I’m waiting on a formal offer from a company that I applied for a DOT safety-sensitive position with. I’m pretty sure I passed the drug test but I’m mainly worried about testing positive on it because of the possibility of my certification being revoked. I have no prior work history as I just got certified. Your guys’ help would be much appreciated.
Are DOT PRE-employment drug tests confidential?
employment
5
1,425,420,766
https://www.reddit.com/r/legaladvice/comments/2xu54a/roommates_rent_and_apartments/
2xu54a
In NYC, three men get an apartment together. Their names are all on the lease. As the end of the lease approaches, one of them has moved out, one of them is about to move out, and the final room-mate wishes to stay in the apt and renew the lease. The room-mate who is about to move out has decided to not pay two months rent, out of some sort of spite, cause the apartment had **really** shitty heat in the winter. It was very bad. Sometimes it wasn't on at all, and after an email/call to landlord, it would be back on--but still shitty--and would occasionally cut out and require another call/email to landlord. The tenant who wishes to remain in the apartment and renew the lease is in communication with the landlord. The landlord says that a renewal is possible, with an increase in rent (OK--how much is being worked out) and of course solving any current overdue balance. The tenant who wishes to remain and renew the lease has paid their share of the rent the entire time. What sort of options are available to the tenant who wishes to remain, but might be blocked by the room-mate who is moving out, having not paid two months rent (in response to shitty, potentially illegally bad, heating)?
Room-mates, rent and apartments
housing
7
1,515,603,536
https://www.reddit.com/r/legaladvice/comments/7pgwjo/is_this_referendum_legally_binding_or/
7pgwjo
https://imgur.com/a/NqxC5 I’m not looking to start growing plants and blaze it up inside my rental, but my psychiatrist talked to her lawyer friend who said that my rental company isn’t allowed to do this. Plus I’m curious, I know rental agencies try to slip stuff past tenants.
Is this referendum legally binding? [OR]
housing
7
1,576,375,792
https://www.reddit.com/r/legaladvice/comments/easyvp/ct_i_stumbled_upon_animated_cp_do_i_report_it/
easyvp
I was going through 4chan (yeah sorry) and there was a link I clicked on a hentai forum. It took me to an imageboard with some photos of 3d animated porn (hentai), with what seemed to be younger children. Should I report the website to the FBI or a cybertip link? Will I get in trouble for coming across this?
[CT] I stumbled upon animated CP, do I report it?
digital
3
1,576,592,749
https://www.reddit.com/r/legaladvice/comments/ebwfl1/can_an_employer_chose_not_to_pay_unemployment_tax/
ebwfl1
I'll make this quick. I'm in Michigan and at my company someone was recently fired. Not for anything bad mind you. Just poor attitude. He went to file for unemployment and was told that his employer had not been paying into unemployment so he can't claim. I'm confused how this is possible. I thought that this was an insurance that companies had to pay into.
Can an employer chose not to pay unemployment tax?
employment
5
1,576,153,527
https://www.reddit.com/r/legaladvice/comments/e9mw8e/new_york_city_what_type_of_lawyer_should_i/
e9mw8e
Apologies if this is answered in the wiki somewhere - my link isn’t working. The heat in my apartment hasn’t been working since the beginning of November. I get partial heat in one room and no heat in another. We have been waiting over a month for this, and it’s getting really cold. I don’t want to go to the extreme of withholding rent yet, but I want to know what my options are if it doesn’t get fixed. What type of lawyer should I consult? Thanks!
(New York City) What type of lawyer should I consult if I think I might need to withhold rent?
housing
7
1,578,436,583
https://www.reddit.com/r/legaladvice/comments/elj20i/parking_ticket_in_company_vehicle/
elj20i
Hi, I’m a California resident. I’ve just received a parking ticket for parking in red for a delivery, using a company vehicle. The parking ticket was not issued to me, but to the person who’s name is on the vehicle. I was told by an employee that if I receive a ticket, I am supposed to pay it. Any comments are appreciated!
Parking Ticket in Company Vehicle
driving
4
1,588,462,644
https://www.reddit.com/r/legaladvice/comments/gcgdb6/my_sons_father_is_a_white_supremacist_and_serial/
gcgdb6
Im 22 f and my sons father is 23, our son is 3. Im on mobile and im frazzled so exuse my poor grammer and such, so we have 50/50 right now and every time my son goes with him he comes home with bruises or scratches, well his father escalated to covering him in tattoo stencils of guns, knives, and a few white supremacist symbols. We have called cps but they havnt come to any conclusions yet, well i looked on his facebook after prompting from a friend and he is constantly sharing those horid videos of people being shot, beheaded, and killed in other violent manners. He also hasnt paid his child support but he still asks the court for adjustments and for them to pausevit and such, so my question is do i have any kind of case? My son is afraid of him and visibly upset everytime he sees him. Him and his wife dont want him they just feel like they are entitled to have his son. He always gers mad about us letting him sit to pee or not "making him be a man" i need to protect my child but i dont know if this is enough to get him out. Im in Pennsylvania
My sons father is a white supremacist and serial abuser.
family
6
1,590,301,040
https://www.reddit.com/r/legaladvice/comments/gpkq92/denied_ability_to_rent_house_due_to_religious/
gpkq92
To start - House is being rented out by local man without a realtor and Is currently not being advertised as far as I know. Although he was advising it, he recently switched to privately listing it, however he does own 2+ houses on the street and one other property. The man refused to rent the house to me and my girlfriend due to us not being married and claimed it violates his religious beliefs. He has rented to non married couples in the past, but that's likely irrelevant. I was just curious if this was legal, especially since he agreed to rent the house to her, but when he found out I'd also be living there he said no and when I called him to discuss things further he said "I'm not renting it out anymore. " and hung up.
Denied ability to rent house due to religious reasons
housing
7
1,590,794,649
https://www.reddit.com/r/legaladvice/comments/gt3mxm/my_old_job_hasnt_removed_me_from_the_insurance/
gt3mxm
I left my old job back in mid-March, and started my new job within a week. I’ve just gotten in the mail a insurance card, explanation of benefits, etc. I called the insurance company to verify I still have insurance through them and they said I do. My question is: if I use the insurance, will my former company be able to come after me for anything? TIA
My old job hasn’t removed me from the insurance plan provided
insurance
8
1,423,046,021
https://www.reddit.com/r/legaladvice/comments/2uqrc3/not_sure_if_i_should_get_involved_in_a_case_or_not/
2uqrc3
I'm from Southern California. I'll make the backstory short and sweet. **Backstory:** A friend of a friend accidentally hit a girl while drunk dancing at a school concert and she hit him back then he pushed her off of him. He was reported to student conduct and asked me to go in as a witness to help his case. I went in and told the people there basically exactly what I wrote above and thought that was the end of it. **Current:** I don't know how it escalated so much but now he is being taken to court not by the girl, but by the police themselves. He asked if I could write him a written document explaining what I saw and send it to him to use for his case. **My Question:** If I do, will I legally be obligated to contribute to the trial? If they call me as a witness will I have to go? Basically how much am I committing to by writing a letter as a witness? I'm a student and I really don't want to have this over my head for the next however long.
Not sure if I should get involved in a case or not.
criminal
2
1,575,608,413
https://www.reddit.com/r/legaladvice/comments/e6tyt3/urgent_estranged_little_sister_needs_help_fleeing/
e6tyt3
So, yesterday my little sister who is 15 years old showed up on my families doorstep asking for help. I’m 23 years old and I’ve never met her before. She is saying that her mom has been abusing her basically forever and that she literally can’t take it anymore. I know that her mom has been abusive, her mom has been in and out of prison and the responsibility to raise her mothers other 5 children has been left on her since she was 8 years old. Her mom is now trying to file her as a runaway and get her taken and put back into her custody and I’m seriously unsure of what to do. What are the consequences if she stays with me? Is there any way we can get temporary custody of her? She can’t go back to her moms, it’s a horrifying situation over there. Apologies for formatting as I am on mobile.
URGENT estranged little sister needs help fleeing abusive home
family
6
1,421,654,454
https://www.reddit.com/r/legaladvice/comments/2sx0kh/would_i_be_filing_a_lawsuit_against_my_the/
2sx0kh
Up until a year ago, I was working as a waiter in a local restaurant in Portland, Oregon. I was paid 2.15 an hour with my tip counted as as part of my mininum wage, the min. wage in Oregon is 9.10. I just found out that they can't do that in Oregon, and must pay me the full 9.10 an hour and can't include tips as part of my min. wage. So I want to file a lawsuit for back wage against them. But who would I be suing, but about 6 months ago, the owner retired and pass the restaurant onto his son. So would I be suing the business, which is the new owners, or would I be filing a lawsuit against the old owners? I worked with the old owner for 3 years and his son for less then 6 months.
Would I be filing a lawsuit against my the company or the owner?
business
0
1,589,841,978
https://www.reddit.com/r/legaladvice/comments/gmc4wr/do_i_have_a_chance_of_having_my_ticket_dismissed/
gmc4wr
Location: Homewood, Alabama located in Jefferson County Alabama. Violation: Failure to signal Long story short, I was in an accident while driving. I had signaled and merged. The car behind me attempted to pass me in the emergency lane around 30 seconds after I merged, hitting me in the process. It took around 10-15 minutes for an officer to arrive. Before leaving, he wrote me a ticket for failure to signal. I could be 100% wrong, but I’m under the impression that if an officer doesn’t witness a traffic violation, he can’t write a valid citation for the violation. My court date has been delayed 3 times now, and if courts resume in June, I will finally be able to appear. Are there any actions I could take before court to try and have the ticket dismissed? Perhaps writing a letter to the court explaining the situation, and outright ask for a dismissal? If not, other than saying “not guilty” should I politely ask to explain the situation on the court date? I know that the likelihood of any responses coming from a lawyer in Alabama are slim, but just a general response would be very helpful. TIA! (:
Do I have a chance of having my ticket dismissed or winning if taken to trial?
driving
4
1,577,536,125
https://www.reddit.com/r/legaladvice/comments/egq89p/my_moms_a_stay_at_home_wife_and_wants_to_divorce/
egq89p
My mom married my dad around 30 years ago, she moved to Canada with him and he insisted she shouldn't work since his pay check would be enough for both of them (he's a doctor) ~~to be fair he probably did it, so he could have more control over her.~~ Recently she can't take it anymore and wants a divorce and is afraid to since she would struggle financially since her English isn't perfect, and its hard to start all over. ​ * No prenups were signed * No cheating on both sides * Located in Canada (Ontario, Hamilton to be specific) Sorry for bothering anyone but any advice would really help? I checked spousal support but the percentage is based on the difference in their salaries, but how would that work when my mother is a stay at home?
My moms a stay at home wife and wants to divorce my emotionally abusive dad need legal advice
family
6
1,588,737,250
https://www.reddit.com/r/legaladvice/comments/gecsgt/my_dad_is_verbally_and_sometimes_physically/
gecsgt
I ask that anyone who reads this please read thoroughly and hear me out. Posting on behalf of my mom cause she doesn't Reddit. My mom just got off the phone with me and we were both sobbing cause she had to get out of the house to get away from him. We can't afford insurance at all, but my dad shows many of the symptoms of bipolar. Every mistake he makes or bad mood he has he uses to verbally abuse my mom and blame all of it on her. But he's physically attacked my mom before. She told me he would do that sometimes when us kids were little. I do remember the times he would lock her out of the room so she would sleep on the floor. A couple of times when driving us to school he swerved the car sideways threatening to have us all killed in a crash. One time when driving he wanted to show us a canal and he leaned the car towards it while driving along and laughing like if he were messing with us. Back then I thought it was just him being stupid. Knowing his psychological problems now shows me how he really thought. I remember several years ago he physically attacked my mom with the door closed so I couldn't reach the phone in the room. After I came back from school he had a complete pretend mood like it was a normal day and nothing happened. Oftentimes he comes home from work in his psychotic mood emotionally abusing my mom. Then other days he'll be talking normal and laughing at stuff. He was on Zoloft once, but he can't get it anymore cause it was from Mexico and he doesn't qualify for any kind of help with medical stuff. Mom said he knows he's supposed to be on it but he won't do anything to try to get the Zoloft back. She called because my dad's gotten worse. Today he was caught punching one of our dogs and kicked him in the chest. She also said during one of the more recent times he attacked her, she had to fight back by punching him in the groin. Apparently he's been punching some of the other dogs. We have several dogs in the house, so he threatens to have them taken away if she calls cops. They're our family. We don't want to lose them. He's gone as far as manipulating cops by lying to them, thus they've never helped before. We're from a border city where the cops don't really help with domestic violence. Is there any kind of legal route my mom can take when she doesn't work or own anything? She supports my grandma paying for the rent (plus I'm financially supporting her with whatever I earn) but he pays for our only car. My mom has taken to just caring for the house and my little brother who is on the autism spectrum -- at least until he graduates. She openly admitted that she thinks she could end up in the hospital if she tried kicking my dad out. My parents don't make even close to enough to afford a house, much less the cost of divorce.
My dad is verbally and sometimes physically abusive. He has been like this with my mom and us through all the years of marriage and my mom is so sick of it. Is there anything we can do when divorce is way beyond our income level? (Texas)
family
6
1,589,577,180
https://www.reddit.com/r/legaladvice/comments/gkhnci/los_angeles_ca_covid19_renter_protection_landlord/
gkhnci
Hello, I live in Los Angeles, CA where the Mayor has ordered a ban on evictions due to inability to pay rent relating to COVID-19 loss of employment, medical costs, or childcare. I was laid off and I notified my landlord of my inability to pay rent going forward and they sent me a form to fill out. According to a document put out by the City of Los Angeles, “A tenant is not required to provide their landlord notice or documents if unable to pay rent due to COVID‐19” [https://hcidla2.lacity.org/system/files\_force/documents/covid-19\_eviction\_protections\_fact\_sheet.pdf?download=0](https://hcidla2.lacity.org/system/files_force/documents/covid-19_eviction_protections_fact_sheet.pdf?download=0) I feel the paperwork and documents the landlord is requesting are an overreach and I am uncomfortable sending them those items. My question is how do I handle this situation and how do I express to them that I am not required to send them the documents and information they are requesting? Here is the form the landlord sent me: —— In order to be considered for repayment agreement as a result of COVID-19 related financial hardship, please complete this form by checking the boxes that apply to each leaseholder and provide documentation demonstrating that you are unable to pay the rent due to financial hardship resulting from the COVID-19 pandemic. Examples of acceptable verification may include: ​ 1. Letter from employer on company letterhead verifying loss of income due to a COVID-19 related workplace closure and/or COVID-10 related layoffs or furloughs; 2. Documentation of childcare expenditures (from a minor household member’s school/school district) verifying school closures and which impacts your ability to pay the rent; 3. Verification of health care expenses related to being I’ll with COVID-19 and which has impacted your ability to pay the rent; or 4. Other verification which demonstrates a significant COVID-19 related financial hardship which directly impacts your ability to pay rent. Local legislation or eviction moratorium may provide for specific protections and/or circumstances in addition to those listed above. In those cases, Landlord agrees to consider further explanation and documentation of financial hardship in accordance with local law. Request: \- Please allow for deferred payment of rent for April in the amount of $\_\_\_\_\_\_\_. Residents may pay a portion of their April rent if circumstances permit. At this time management is only accepting requests for April rent assistance. An additional package will need to be completed if assistance is required in a subsequent month. Please provide a detailed explanation of your COVID-19 related financial hardship and describe supporting documentation provided herewith. ​ 1. I/We certify that all the information in this COVID-19 Financial Hardship Form is truthful, and the events identified above have contributed to my/our need for repayment agreement. 2. The Landlord may review the accuracy of my/our statements and the supporting documentation. I/we am/are willing to provide all requested documents and respond to all Landlord communication in a timely manner. I/We understand that time is of the essence. 3. If I/we have engaged in fraud or misrepresented any facts in connection with this COVID-19 Financial Hardship Form, or if I/we do not provide all the required documentation requested, the Landlord may not offer me/us a repayment agreement and may pursue eviction proceedings and collection of all past due rent fees. 4. The Landlord will maintain confidentiality of any medical or financial information provided. 5. I/we understand and agree that this form and any resulting agreement does nit absolve my/our responsibility to pay the rent pursuant to the Lease. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_ Resident Signature Date ——
Los Angeles, CA COVID-19 Renter Protection, Landlord Request
housing
7
1,589,139,725
https://www.reddit.com/r/legaladvice/comments/gh80oy/owner_or_rental_home_will_not_fix_the_roof/
gh80oy
My mom rents a house in Houston, Tx and the roof was looked at and was determined to be in bad shape. We had suspected this for sometime as we have seen many water spots on the ceiling. The owner said he does not have insurance as the property because the home has been paid for. Is it legal for him to not take care of this roof? Does my mom have any legal action to take on the owner to get it fixed? What happens if it falls through and she gets hurt?
Owner or rental home will not fix the roof
housing
7
1,588,379,332
https://www.reddit.com/r/legaladvice/comments/gbup1p/does_the_government_protect_college_students/
gbup1p
If college students signed a lease last year to rent a house to dorm in starting this spring but they can’t move in due to the pandemic, what should the students do? They are responsible for whatever happens there but they can’t move in.
Does the government protect college students protection during covid pandemic with leasing dorms?
housing
7
1,575,637,634
https://www.reddit.com/r/legaladvice/comments/e6yj4j/need_advice_on_how_to_deal_with_disruptive/
e6yj4j
I will keep this short, I own a townhouse in a complex. There has been an on going issue of severely disruptive children and this has led to multiple complaints. A letter has now gone around informing everyone of what housing laws were being broken and the penalty for the continuation of the behaviour. Dispite this some of the parent involved are insisting that we allow the children to continue the behaviour. The housing laws agent thinks that if a child is injured the insurance will not cover them. How should I move forward in dealing with the parents and insuring that they don't cause me more trouble. Thank you, any help is very much appreciated.
Need Advice On How to Deal With Disruptive Neighbors.
housing
7
1,588,966,538
https://www.reddit.com/r/legaladvice/comments/gfzxsq/working_for_corporate_and_having_an_additional/
gfzxsq
Let’s call the multinational company A. Let’s call the start up company B which sells an internet app and one of the clients of company B is company C which is a competitor of company A in one of the sectors in which company A acts. In the contract from company A is stated that the employee can have other means of salary if these don’t interfere with his/hers ability of performing their job and if it’s not similar to what they are doing in their current position. If the job is similar the employee is subjected to prior approval from management and failure to do so will result in termination of contract. Given the clause in the contract, would accepting the part time job from company B be a breach of contract and reason of termination with company A? Even though you are not working directly for company C? Nor do you deal with them personally? The job at company A has nothing to do with the job at company B they are totally different and have no similarities.
Working for corporate and having an additional part time job in a start up! Breach of contract?
contract
1
1,589,745,061
https://www.reddit.com/r/legaladvice/comments/glm14l/can_you_be_sexually_harassed_by_your_spouse/
glm14l
I don't have a specific example in mind, I'm just really curious on how it would be looked at from a legal perspective.
Can you be sexually harassed by your spouse?
criminal
2
1,590,622,161
https://www.reddit.com/r/legaladvice/comments/gruv0q/hairstylist_iso_of_legal_advice_against_salon/
gruv0q
This is my first time posting, so excuse any errors please. Pre-pandemic, I signed a lease with a local salon suite business. They are not one of the salon suite corporations. It was in my lease that my first three months were commission based. Then COVID hit. I count my lucky stars that I was on commission, during the pandemic, because they have forced all the stylists to pay rent through the pandemic. 8 stylists ended up leaving the salon. I did occasionally work through the pandemic, with extreme cautions, and I had to argue with them many times about getting paid my commissions. They turned off the AC during the pandemic, which caused quite a bit of damage to my color supply because it’s oiled based. Not having consistent room temperature for color breaks down the product and makes it become unreliable and can cause unpredictable results. The pay problem occurred after our state, TX, opened and I was taking clients regularly. After the fourth pay conversation, I admittedly lost my cool. I confronted them about pay, the ruined product, turning off AC and electric and violating my lease. I also confronted them with the following information: multiple clients told me that they are instructing their receptionists to only give clients to the wife and owner, who is behind the chair, and them slandering stylists that left during the pandemic. (I know this would be considered heresy in court so I don’t want to focus on the “salon drama” in this story.) I told them if they can so quickly talk so poorly of stylists and continue to violate my lease rights then have left then i have no room to trust them any longer. They wanted to have a sit down but I did not trust them and we began talks on how to find a solution for me to leave. In the beginning they said I could just leave and we’d sign a lease termination agreement. That was this past Friday. Today, I woke up and all my clients’ appointments were cancelled and I was taken off the website and salon booking app. Then I was contacted by my shear company. They had mailed me demo shears on May 13th and they were delivered May 16. I was to send them my shears for sharpening and they hadn’t received them yet so they were checking in. I have told the receptionists and owners that I was expecting shears, I asked everyday if they had arrived, and I was constantly told no. My shear company sent me proof that they were delivered. I immediately emailed the owner and said why are my clients being deleted, we did not sign any lease termination agreement yet, and where are my shears. I told them they’ve left me no option but to assume there has been theft of shears worth $1500. And until we’ve signed something then they shouldn’t be deleting my clientele and affecting my business. The owner emailed me immediately and said he didn’t authorize anyone to delete clients, which seems unbelievable since he runs the salon, and he had no idea where my shears are. I sent him my proof that they were delivered and signed for, on May 16 at 249pm. He then said he signed for them today and had them for me. Amazing how that worked out. He then said that when he agreed to let me leave and would draft a lease termination agreement, it was going to be me buying out my lease. I have multiple emails where there is no wording of that. In retaliation, he’s used his rights to evict me as a renter. He still owes me over $1000 in pay. I told him I wanted clarification on this eviction and that I’m not going to be held financially responsible and when is he going to give me my pay. His email response was that I’m slandering them and their business and they will thoroughly prosecute me now and I need to book an appointment to move my stuff out and they will have a sheriffs deputy there. Which seems extremely dramatic. I’ve never given any reason where a deputy needs to be involved as I’m not a threat. I’m a small woman. Also there is absolutely no evidence or truth to this slander accusation. When I have enough evidence to prove slander on there end. I’m still very upset so I apologize because I know this is a chaotic post. I can answer any and all questions throughly and will be waiting to respond!! I just want to know my rights, what my next steps should be, what to do about slander, and how to control them using a police force threat against me. I’m ready to make a clean leave from this salon, aside from moving my belongings out. I feel like I only stood up for what is right, in our beauty industry, and spoke against their unethical business practices. I also have strong suspicions that they didn’t use their PPP properly, since they’re forcing renters to pay still, and I believe they’re violating TX cosmetology licensing laws by currently renting out rooms to stylists on a daily/weekly basis. In TX you need a mini salon license to operate salon services in a rented suite. I just really need Reddit’s help! 🙏🏻 I tried to call some TX law offices but they’re closed currently. I will be calling them starting at 8am tomorrow. I just moved to TX in December so I’m not educated on business laws and renters rights here, including slander. I appreciate any and all help so THANK YOU!!
Hairstylist ISO of legal advice against salon suite owners
business
0
1,577,654,890
https://www.reddit.com/r/legaladvice/comments/ehbtgj/can_the_tenants_of_my_apartment_legally_go_after/
ehbtgj
The apartment I live in has had 2 fires this past month. One went up in flames and 8 people lost everything. Then today while I was eating lunch, I heard banging on the door and we were evacuated for fire. The fire department has been here for 4 hours and can’t determine the cause of fire (at least that’s what we’ve been told). We checked out the damage (my household) and the fire was on the outer wall (outside the apartment) where a dining room would be. While no one was hurt - this time - I’m really concerned about my safety living here and so are a few other tenants I met. Collectively, we learned that most of us don’t have smoke alarms. I checked and I only have one - they told me it’s okay that we only have one so I didn’t think twice about it - in a 3 bedroom apartment. I’m calling tomorrow for them to add more fire alarms and to test them. A lot of the tenants want to pursue legal charges though and I’m curious if there is anything we can even do about this. The only point of contact is the secretary and she is really awesome but her hands are always tied when it comes to complaints. (First fire was in an uninhabited attic and it was also undetermined for cause of fire.)
Can the tenants of my apartment legally go after the owner for unsafe living conditions? North Carolina
housing
7
1,577,584,538
https://www.reddit.com/r/legaladvice/comments/egzsxq/friend_ran_red_light_in_san_antonio_but_was_not/
egzsxq
She ran an intersection between Gibbs Sprawl and Walzem. I looked on google maps and it showed that the cameras where standard traffic cameras. She is very concerned about getting fined. Will she get fined for this as the only places in San Antonio with red light cameras are Balcones and Leon Valley.
Friend ran red light in San Antonio but was not pulled over by police will she get fined?
driving
4
1,576,887,840
https://www.reddit.com/r/legaladvice/comments/ediiw9/crossing_state_lines_on_probation/
ediiw9
This all Hypothetically speaking if I needed to cross state lines cause my girlfriend passed the cut off for her abortion by one day and her and the clinic did t catch it on there parts and I wanted to cross into Florida. If I got a flight for us both to go there and get it done this weekend would that be possible? Or would I get arrested at the airport? I know very well I would need a travel permit but if I can’t fly would I just have to drive with it like so?
Crossing state lines on probation
criminal
2
1,590,159,960
https://www.reddit.com/r/legaladvice/comments/gol0l2/an_attorney_said_hed_take_my_case_but_is_my_case/
gol0l2
I’m not able to claim unemployment from this employer since I haven’t lived in the state long enough. When I was called in to be fired I said I’m recording this and they didn’t object. I told one of my co workers I think the company is doing something illegal and might report them. I then found since I told my co worker they planned to fire me over that. In the firing, they denied my allegation of their crime and it might be hard to prove but the government agency that oversees them thought something didn’t make sense too and started investigating my company. My initial thoughts is to wait and see what the government oversee agency turns up before moving forward with this attorney. I also think this company is now bad mouthing me to other agencies since I’m not able to get any other interviews. The attorney says most of these cases the employer will settle, but there is a chance we lose and I have to pay for feees. I’m not able to find any new work right now and partially due to the bad mouthing. The crime I reported my company for is pretty bad. They are refusing to take children as clients who just need behavior therapy and only taking clients they can bill for all over services to the government and they are telling therapists to get all clients on all our services. So in my case, I wasn’t given new clients bc all of the max profit clients were used up so I didn’t get clients who just needed behavior therapy. The point of the government is to get all children services and sometimes children will do OT or speech elsewhere but the company hates that bc they won’t get paid. Mind you, the company is building a brand new 10 million dollar facility which was supposed to already be paid for. Seems to me there is a motive for this selection of clients. Do you agree with the attorney? Do I have a case to pursue?
An attorney said he'd take my case, but is my case worth pursuing?
employment
5
1,588,717,099
https://www.reddit.com/r/legaladvice/comments/ge7hod/nc_leasing_office_at_apartment_complex_emailed/
ge7hod
I got an email today from the main office in our complex. All it said was this: "Attention residents, Attached you will find the Promise to pay form. Please fill out, if needed, and bring back the office OR email dates and amounts for the month of May. Thanks" And attached is a PDF: [https://i.imgur.com/ES5Fqf1.png](https://i.imgur.com/ES5Fqf1.png)  I've cropped out all sensitive information like the name of the apartment complex. What is the purpose of this? Do I have to fill this out and sign it? What happens if I don't?
[NC] Leasing office at apartment complex emailed the residents a "promise to pay form." What does this mean?
housing
7
1,590,794,093
https://www.reddit.com/r/legaladvice/comments/gt3hrv/not_paid_for_work_done_after_losing_my_job/
gt3hrv
I haven’t been able to find much information online about what to do. I am in Alberta, Canada. So a few weeks ago I started a new job as a house cleaner. I was hired as an ‘independent contractor’ although I don’t know what the requirements for that are. Basically how it worked was the company owner, ( my boss) would text me a schedule, I go the the places for the week, do my job, and submit checklists with my hours and jobs at the end of the week. Last week he decided to let me go and now he isn’t paying me for my last week. I have texted him a few times and he just won’t respond. How do I go about getting paid?
Not paid for work done after losing my job? Alberta, Canada
employment
5
1,591,039,760
https://www.reddit.com/r/legaladvice/comments/gur6ck/can_i_plead_not_guilty_on_the_basis_that_i/
gur6ck
This offense technically falls under the traffic department of my local court, but I received a ticket for not wearing a helmet on an electric skateboard ($250 fine). I was under the impression that helmets are not required on electric skateboards (CA), but it turns out they are. I thought helmets were not required because I had taken a bicycle safety class for a previous electric skateboarding ticket (unrelated to helmets), and in that class, the officer stated that electric skateboards are treated as bicycles with the same laws covering both. I specifically asked the officer if helmets were required on bicycles and electric skateboards, and he told me they are required for both electric skateboards and bicycles *only* if you are under the age of 18 (I am not). The information I received from this officer was incorrect, and I am wondering if I can plead not guilty on the basis that a police officer provided me false information, and I received a ticket as a direct result of this false information?
Can I plead not guilty on the basis that I received incorrect information in a previous traffic school?
driving
4
1,420,413,664
https://www.reddit.com/r/legaladvice/comments/2rcefw/am_i_responsible_for_roommates_illegal_activities/
2rcefw
I live in Georgia, USA, a roommate of mine is using the WiFi that is under my name for illegal activities (nothing related to downloading/torrenting.) My question is am I as the bill payer liable for his actions on his computer because the bill is under my name? Any help is appreciated.
Am I responsible for roommates illegal activities on the WiFi I pay for?
criminal
2
1,589,870,719
https://www.reddit.com/r/legaladvice/comments/gmje7b/parenting_planfamily_law_help/
gmje7b
So, redirect me if I am in the wrong sub, but I don’t think I’ve joined a more appropriate one... ??? Anyway, I am looking for advice from people that have had to go to family law, parenting plans, custody hearings blah blah I’m a the custodial parent, single mom of 2 kids and their dad (we were never married) is taking me to court for a (ridiculous) parenting plan. This is our first time together in front of a judge. My question is, what should I expect? Let’s get real, my story is kind of long and I don’t expect anyone to read it unless they’re interested in helping! Lol. I’m really embarrassed about the whole situation l, I’ve typed out my story and deleted it twice now... even though I realize nobody can give me advice if they don’t know the details... So to save everyone the headache, I’ll just give a few details... and then I’d you’re interested in helping, message me? Comment? Should I put my story in the comments? Here’s the TL;DR... Together for 7 years, two kids, left in October 2019 whilst pregnant in third trimester, moved in a my parents (initially it was only supposed to be for a few months because I badly needed help and wasn’t getting any from him or his family, he was gone all the time or when he was home, he was just staring at his phone. But then he kept suggesting I come get my stuff and ya not getting back together). He cheated on me with dozens (literal dozens) of women the whole relationship. Never paid for anything. Never took initiative in caring for our son. Works under the table. No license, no insurance, DUI in 2017, doesn’t have required blow and go, just got into a car accident that killed his passenger while under the influence. He put his hands around my neck January 2019. Bipolar, depressed, super unstable. GEMINI lol. Shut off my phone service a couple months ago, can’t afford a phone rn, and he doesn’t pay child support (he’s supposed to). I think that’s enough to go off of... I might delete this because, ugh, I need advice but it makes me feel so exposed!! So now I got a letter from his lawyer today that says in FOUR DAYS (May 22) I have to appear in court or else he’ll basically get his way. Isn’t 4 days like, wtf? Don’t they usually warn you months or at least a couple weeks in advance? Anyway. Also, the court hearing is in a completely different county like 3 hours away, where he lives, not us. And we have to take a ferry to get there. With the pandemic and suggested quarantine, I’m not surprised that he’s being selfish by disregarding the fact that we could be exposed and expose others OR get exposed ourselves, but what does surprise me is that this isn’t an essential situation, so how and why did the courts approve this anyway? We’re supposed to be in quarantine. But now I have to travel on a boat and go in public risking the health of my kids and I? Whatever okay. Anyway. He’s claiming that I am refusing to let him see the kids “for no good reason.” And that he “expected me to come back after our second child was born.” But, like I said - no phone and he initiated the break up. Plus, I was extremely encouraging of him coming over and visiting quite a lot at first, but once my phone got turned off and I found out he has all my text conversations printed out from the cellphone company (service was in his name, not mine), I felt really violated and didn’t really want to talk to him unless it was about business. It’s obvious he was trying really hard to dig up some dirt on me buuuut I am like the biggest boring square now since I became a mom, so I don’t fucking do anything lol except feed little humans and change their diapers haha I guess I am asking like, I obvi can’t get a lawyer in less than 4 days so, don’t think I am going to take your advice and run w it and then get mad if it doesn’t work or go how you said. I am googling and researching like a madwoman. But I thought Reddit would be a good place to get real people’s opinions. There is so much more to this story but... I’ve already wrote a novel.
Parenting Plan/Family Law HELP
family
6
1,419,479,671
https://www.reddit.com/r/legaladvice/comments/2qc5bq/austin_tx_im_down_on_my_luck_this_christmas_but_i/
2qc5bq
If I build a mobile video game bus that people would sit around the outside of when parked, would I need any special permits to operate it in say a bar parking lot? If I have the permission of the bar it would be alright right? Also, if that is ok, would people be allowed to drink and play the games in Austin, TX, in a roped off section of their property?
Austin, TX I'm down on my luck this Christmas, but I have an idea for a small business.
business
0
1,591,214,791
https://www.reddit.com/r/legaladvice/comments/gw1ia5/bccanada_75_yr_old_grandma_being_evicted/
gw1ia5
Hi there I don't know if this is something to ask here, but figured I'd try! My grandma was given an end of tenancy form in May for July 1st. Her lease was supposed to go month to month July 1st, but now the landlord's want to sell. According to them they aren't evicting her, they are ending the tenancy which if I understand correctly is still not allowed due to covid. She has also lived here for 5 years. So my first problem/question is that my grandma is on a fixed income and she cannot afford both her June rent and a damage deposit on the new place we just found her today. The landlord apparently made a comment about this to a mutual friend of theirs and said something about talking to his lawyer if she doesn't pay. Basically just wondering what issues she could face if she doesn't pay her rent aside from them keeping the damage deposit. Second (not sure if this can be answered in this sub or not) is they have been doing house showings for the past week and have had strangers in and out all day. Only about half are wearing masks and gloves and to my knowledge nothing is being wiped down after unless she does it herself. She is high risk for covid due to being a senior and health issues. Is there no new rules in place for house showings? Thanks for any replies and I'll answer any questions as best I can.
BC/Canada 75 yr old grandma being evicted.
housing
7
1,576,808,542
https://www.reddit.com/r/legaladvice/comments/ed3l56/tx_my_friends_baby_dad_left_heroin_in_reach_of/
ed3l56
Posting to try and get some advice to help out my friend. So one of my friends is formerly addicted to methamphetamine. She has been clean for over 2 years (when she got pregnant) and is a good mother but not wealthy by any stretch. She filed for child support and received it and her kid’s father was given supervised custody every other weekend for 3 hours - supervised by either herself or her dad. At the last visitation, her kid’s dad accidentally left behind heroin. Luckily she found it before her child did (sitting on the end of a bed) but obviously that could’ve been very very bad. She called the police to file a report and the kid’s dad admitted in writing (text) that he had been trying to sell it but the buyers flaked. Police didn’t really do much of anything. She also told me that a few weeks ago, three guys showed up at her doorstep with guns looking for her ex. Luckily (again) they were nice and didn’t threaten her when she said she didn’t know where her ex was but again, that could’ve gone very differently. She obviously does not want him to come around her child anymore considering the danger he’s already put not just the kid in but also herself (and her ill grandmother who lives with her). She doesn’t have money for an attorney though and every “budget friendly” attorney is still out of her price range. Does she have any options? Can she just deny him visitation? I know she could apply for legal aid but a lot of the time they won’t take custody cases because they’re so swamped. Will DHS/DCFS have any resources to help her? I’m really proud of her because she’s stayed clean and in a moment of what could’ve been temptation for her to use again, she didn’t and called the cops instead. It just doesn’t seem like anyone can help her and everyone has told her she has to have an attorney to be able to do anything. I want to help but I’m not financially able to either and I feel awful. Any advice is welcome and appreciated!
[TX] My friend’s baby dad left heroin in reach of her child. She doesn’t have money for an attorney.
family
6
1,424,005,943
https://www.reddit.com/r/legaladvice/comments/2vyv27/trial_transcripts_destroyed_after_15_years_usa/
2vyv27
My father is in prison on a life sentence for first degree murder in the US. I haven't had any contact with him since I was a small child, and I'm now researching his case for a book I'm writing (though it's more about my own curiosity than the book at this stage). I've found lots of news articles etc online, and I've found his case on the PACER (public access to court electronic records) website, but it says "Contents of file destroyed pursuant to disposal regulations (fifteen years after the case was closed)." It seems weird to me that the file for such a serious case would be destroyed. So three questions: * Is it possible that the trial transcripts still exist somewhere? * If yes, where would I start to look/inquire about this? * Even if the answer is no, are there any online databases etc that might have info? I'm not a lawyer by any stretch, so I feel like there might be resources I'm missing. Any info would be very much appreciated. Thank you!!
Trial transcripts destroyed after 15 years? (USA)
criminal
2
1,422,329,499
https://www.reddit.com/r/legaladvice/comments/2tsuoq/tn_usa_collections_after_won_suit/
2tsuoq
I have won a suit against a former landlord. It was over non payment of Security Deposit. He didn't keep it in a separate account, Didn't return it and I won! The suit was against an LLC that has been dissolved administratively. It had a sole member. How do I pierce the corporate veil to go after his assets? If I can't do that, how to I find out where the money from the LLC was distributed? Land Lord has been a no show for court and I hear he is being investigated by the local Economics Crime Division and my go to jail for Criminal charges. All I want is my deposit back!
[TN - USA] Collections after won suit
housing
7
1,417,552,350
https://www.reddit.com/r/legaladvice/comments/2o2vqp/how_to_deal_with_traffic_ticket/
2o2vqp
First off I live in Michigan. This morning I got pulled over in my subdivision where I live for not coming to a complete stop. I gave the officer my licence/registration and upon giving it to him I noticed I forgot to put the new sticker on my licence plate (November sticker, no idea how I forgot, must have just stuck the registration right into the glove box because I was in a hurry or something). So he tells me I need that on there and I apologize and he goes back to his car to do whatever. So he comes back and hands me my stuff and says he won't ticket me for the stop sign but he gives me a ticket for not having the sticker on my plate. He tells me that it is a waiver citation and that I can take it to the courthouse and get the fee waived. So I apologize again and head off as I was running late. So on my lunch break I drive to the courthouse and ask the teller what I need to do to get this fee waived. I tell her what happened and she says she will check and be right back. So she comes back and tells me that this citation can't be waived. I show her the ticket that I have and show her what it's cited for and that there is a box checked for waiver. She tells me again that it can't be waived and I either have to pay $110 or set a court date. Seeing as though I thought the fee was waived I didn't have any money on me so I have a court date set 2 weeks from now. So my question is, would it have been better to just pay the ticket? The officer clearly marked wavier on the ticket, so is there anyway I don't have to pay if I go to the court date since he marked it incorrectly? Also I have never had a ticket before so I have no idea what to expect if I do go. Do I need an attorney for something as simple as this? Sorry if its a lot of questions this has just been extra stress that I really didn't need today.
How to deal with traffic ticket
driving
4
1,421,794,418
https://www.reddit.com/r/legaladvice/comments/2t3rgv/car_hit_me_but_i_failed_to_yield/
2t3rgv
I am a high school student with my license for about 5 mos. I was on my way home when I got into a very minor accident. I was in the left lane to turn and when the light turned green I began to turn with the car in front of me. The car in front suddenly stops in the middle of the road as they had just cut off the car that had the right of way coming from the opposite side of the intersection. I also stopped before the other car. The lead car ahead of me speeds off leaving the car with the right of way and myself sitting in the middle of the intersection. The car then proceeds to drive on and hits my front bumper even with several honks from me. I pull over to the side of the road and exchange info with the driver buy ask that everything is under the table. I will be getting a quote for the damage that his car suffered when he accelerated into my car. It is very minor a few scratches and the plastic grill was caved in. **Should I be paying for damage that the driver caused to their own car by driving into me? Or since he had the right of way and I failed to yield it is still ultimately my fault?** this happened in VIRGINIA
Car Hit Me But I Failed To Yield
driving
4
1,416,261,075
https://www.reddit.com/r/legaladvice/comments/2mlmlv/my_aunt_is_old_and_setting_up_a_trust_lawyer/
2mlmlv
My aunt is in the process of making a pour over trust. We understand that you would want to be able to revise the trusts down the road due to tax laws and the attorney wrote in a Special Trustee, which is himself. The Special Trustee appears to have more power at times then the Trustee, as he can revoke, make changes etc. My question is: Can it be written that if a Special Trustee is needed at some point in time, one can be chosen then or must you have a person the day you sign your trust? If you can, would it make a difference if the Trustor was still alive or deceased? And last, if you can later down the road, do you have to get approval from a judge? *** I don't trust that the attorney needs to be this "Special Trustee" and being able to go over the actual Trustee/ not be able to be removed without resigning seems like too much power. Thank you in advance for your help. *** Edit We live in California.
My aunt is old and setting up a trust. Lawyer wants to be labeled as a "Special Trustee" and it seems like he has too much power please help before we sign.
wills
10
1,421,298,218
https://www.reddit.com/r/legaladvice/comments/2shib4/mo_trying_to_find_pro_bono_lawyer_for_divorce/
2shib4
Submitting this on behalf of a friend, but she is looking for a lawyer to assist her in her divorce and custody agreements. She went to Legal Aid of Western Missouri and they turned her down due to lack of staff. There are two minor children involved and she is trying to reach an agreement on a parenting plan with her ex. There is no way she can afford a lawyer and is terrified of losing her children. The case is being heard in Jackson County if that helps at all. Thanks you so much for your help.
[MO] Trying to find pro bono lawyer for divorce, Legal Aid turned down case.
family
6
1,578,007,320
https://www.reddit.com/r/legaladvice/comments/ej680s/my_for_sale_car_which_was_parked_in_my_lawn_was/
ej680s
I live in Ohio. I was selling my Dodge Charger out of my front lawn, but a few days after having it parked their it was hit and totaled by some driver passing by. I was asking $12,000 which was above market price, but more than fair given all the aftermarket work I had done on it. Some background is my uncle is an attorney who will help me in court for free. I just want my asking price as I was going to use the money to fix up an apartment to move into as my first house. I need the money or at least reasonably around my asking price, but I do not think any insurance adjuster will give me my asking price. Is there any laws that help defend car sellers or other property sales from damage in case of damage. Any help would be greatly appreciated. Edit: The drivers car was totaled to and a police report was filed, both the cars were completely totaled. In Ohio his insurance is responsible for paying for repairs and payouts.
My for sale car which was parked in my lawn was hit and totaled, can I make sure I get my asking price from their insurance.
driving
4
1,425,311,067
https://www.reddit.com/r/legaladvice/comments/2xodbv/is_it_worth_it_to_go_to_small_claims/
2xodbv
My husband and I got married a year ago (3/8/14) and hired a husband and wife photographer team. Initially, contact with them was good. Once we signed the contract, contact became somewhat spotty, but they were still responsive. The total cost in the contract included an engagement session (which was done), the wedding day (which was done, although not perfect), and a photo book containing highlights from the engagement session (we later requested this to be changed to highlights from the wedding). Since the wedding, the photographer did deliver the photos as promised, but to date we have yet to receive the photo book. The last time I have been able to get a response from the photographer was in October in which he acknowledges that he will get the photo book done "if we still want it. " Since that time, I have had zero response from them via any contact method (phone, email, facebook). They are still actively posting photos from sessions, so it isn't as if they have gone out of business. I believe the cost of the photo book was $275 which I know in the grand scheme of things is nothing, but it's the fact that we signed a contract and they are not fulfilling their portion of the bargain. I have attempted to offer a solution of refunding the money, but again no response. So at this point, I'm wondering if we have any legal recourse and if it would be worth it. We live in Texas. I have all copies of e-mails regarding this matter. Any help would be appreciated. I'm so tired of dealing with this!
Is it worth it to go to small claims?
contract
1
1,589,960,137
https://www.reddit.com/r/legaladvice/comments/gn6yjk/exbusiness_partner_still_using_our_address_and/
gn6yjk
Hello, So we are in a situation where my dad's ex-business partner is using his info. We live in BC, Canada. The former business partner (let's call him Joe) owed a lot of people money and almost made the company bankrupt. They parted ways, did all the necessary paperwork and my dad gave the company to him. My dad then went to start his own company which is thriving. We recently found out that Joe was using my dad's HST number to buy equipment from the store (they work in the security system installation). This was also the fault of the employee that worked there who didn't bother to verify and took Joe's word for it. Now, one of the cities has sent my dad a letter saying that the company needs to file for an inspection or there will be legal consequences since the company's address is still my dad's. So I'm asking whether this could mean trouble for my dad and how we can go about fixing this? Another thing to note, when my dad and Joe parted ways, Joe didn't have any certification to install security systems. He was the sales guy. Last I heard, he was going to job sites himself and installing things himself. Is there some way to report him? We aren't 100% sure he has no certification though.
Ex-Business Partner still using our address and info
business
0
1,575,911,134
https://www.reddit.com/r/legaladvice/comments/e8co51/mandatory_reporter_children_catholic_church/
e8co51
I am a Sunday school teacher at my local Catholic Parish (Located in MD, USA). I teach younger kids, second grade/third grade. While going over some information yesterday some of my students wanted to share their own personal stories. One of my students told a story of how his father had caught him doing something he was not supposed to be doing, his Dad threw him up against the wall, and he hit his head. There was one other adult who also overheard the story. The student was telling this story in a more laughing manner, did not seem scared. I am considered a mandatory reporter, I reported this to my "supervisor" or head of the program. She seemed unsure of what to do or how to handle the situation. She contacted me to let me know I need to inform CPS. My question- Shouldn't the school/church be the ones to inform CPS? I don't mind talking to them by I am unsure why I am making the initial contact. All the paperwork I have states that they must be the first ones to initiate contact.
Mandatory Reporter Children - Catholic Church
school
9
1,519,765,720
https://www.reddit.com/r/legaladvice/comments/80q4mz/ia_questions_about_final_custodydivorce_decree/
80q4mz
4 weeks ago, we had our custody hearing at which time 50/50 physical care was awarded with a stipulation that SO moves "closer" to the kids' school & judge specifically said she did not desire to put a number of miles in that stipulation. 2 weeks ago, while SO's attorney was writing the decree per judge's instructions, he suggested including a "radius of 20 miles from the children's school" into the decree to be safe, and SO agreed as a lot of the houses we found were less than 20 miles from the school. 1 week ago, both attorneys agreed to the terms of the decree (although SO's STBX never saw it or heard any of this because her attorney is not terribly communicative). Today, SO's attorney told us that he finally got STBX's financial info for the child support portion of the decree, so it would "be finished this week." I'm reading in a lot of places that before it goes to the judge, both parties must get together to approve the terms of the custody decree (which also includes the dissolution of their marriage). Is this accurate or does it go straight to the judge now? If SO's STBX disagrees with the radius at that potential meeting, would they change it? After both attorneys ok'd it, we made an offer on our dream house that was 15 miles from the school so now we are a little worried about that. Lastly, what exactly is the process of "sending it to the judge"? Roughly how long would it take to get a judge's signature after it's sent to her? Thanks! **TL;DR** After both attorneys ok and finish a divorce/custody decree, what happens to get it to the judge and how long does it take?
[IA] Questions about final custody/divorce decree
family
6
1,590,529,167
https://www.reddit.com/r/legaladvice/comments/gr69x1/usmc_legal_questions/
gr69x1
Are there any JAG Lawyers in here that can answer a few questions for me? Thank you very much.
USMC Legal Questions
contract
1
1,589,076,037
https://www.reddit.com/r/legaladvice/comments/ggsok4/step_mom_is_taking_possession_of_all_of_my/
ggsok4
My Dad passed in February of this year. I was actively helping my step mom take care of the properties after he passed away. Slowly but surely she started saying ugly things about me, and my other siblings. My brother is heading to prison, my half sister emancipated herself when we were minors and then was legally adopted by another couple. Shes now claiming he doesnt have a life insurance policy, she wont allow us on the property because we had a major falling out due to her behavior. Her nieces are harassing my family, and threatening us. My girlfriend is an adjuster, and is somewhat familiar with property laws, and said that I have legal rights to community property in the state of Texas. But, we arent sure how to go about probating it. My dad had land that was in him and his wife's name. Some other things, and I believe a life insurance policy. When I assisted her in setting up my father's funeral the funeral home confirmed he had a life insurance policy and shes now claiming he doesnt. We are under the assumption that he does have one and shes lying, which is fine because she would likely be the beneficiary but... my father was planning on leaving her when he took this job and if she isnt lying and they arent giving her information on this policy, it may be in my name. I dont know my Dads social security info, and honestly... this is all well and above something I ever really planned on dealing with. Shes promising her family actively that shes giving them my father's possessions.. boats, guns.. things in my name.. I just want to make it stop.
Step Mom is taking possession of all of my father's assets-TEXAS
wills
10
1,472,498,541
https://www.reddit.com/r/legaladvice/comments/506s7z/can_someone_help_me_translate_some_legalese_music/
506s7z
So, I'm a music artist and I've just been offered a contract by a label, looking through it I came upon this part: 3 Grant of Rights 3.1 The artist transfers the licensee from-final, worldwide and transferable rights to comprehensive utilization of contract recording. Licensee assumes the rights transfer. 3.2 The comprehensive rights transfer includes in particular - The ancillary copyrights of the artist - In whatever formation, for example as part of a compilation to utilize the right to individual or all Contracting recordings, **- The right to name the artist name** - To promote the right to the licensee, individual or all Contracting recordings and artists - The right to edit the contract recording to cut particular to remix, or to sample and to use them in conjunction with a film or advertising for products and services of third parties (third-party advertising) - The right to Electronic Merchandising, especially in connection with ringtones and other forms of exploitation on telecommunication equipment. - Reproduction in any configuration and distribution, for example, production of CDs, DVDs, records and their sale - Renting and lending - Consignment, in particular online, terrestrial, satellite or cable, analog or digital, in radio and television, Stream - Public performance and - Comprehensive online exploitation -- The part that particularly concerns me I bolded. If I sign this, am I signing over the rights to the name of my music act over to this label? EDIT: I am in Maine, USA.
Can someone help me translate some legal-ese? [Music industry rights]
contract
1
1,588,295,946
https://www.reddit.com/r/legaladvice/comments/gb8rqw/wanting_to_start_a_business_bating_pedophiles_is/
gb8rqw
Hi, I'm in Alaska, I'm a victim of abuse and want to make difference in the world for innocent children. My plan is to trick these scum bags into believing I'm a 16 year old wanting to have fun or selling fake nudes. I'm also extremely good at social engineering. So it isn't going to be hard to trick them. I'm also a feminine male. So kind of think like a girl because, I grow up with a lack of male figures. I also hate men, even though I am a guy. Well my idea of is to dox them by having them follow a link that pings there IP address and ISP info. It also gives me a address long as they are not smart and use a proxy or change there DNS. I am also going to embed a script in any files. I give them most likely giving me access to there files, webcam, etc. I'm pretty good with computers because they helped me there everything being mentally abused. I will though be scamming them for money either by saying I need Uber to get to them. Or to sell them fake nudes. That's how I'm going to pay myself. It's going to be fun considering, if they pay me via PayPal I'll have all of there info. Can this be considered illegal and if so how can I get around it to make money around this business while helping children stay safe. I'm a college student and I need the money. So that's why I ask.
Wanting to start a business bating pedophiles is this legal?
business
0
1,415,671,128
https://www.reddit.com/r/legaladvice/comments/2lx7iu/austin_tx_i_received_an_unnecessary_traffic/
2lx7iu
Some time ago, I was involved in an (extremely) minor collision. While in neutral, I rolled from a complete stop into the car in front of me over a distance a little farther than a yard. At first I thought I had lucked out, but upon close inspection you can notice the outline of the top of my licence plate in the other drivers bumper - a repair I'm paying for out of pocket. Unfortunately the other driver's first reaction was to call the police, and they showed up promptly to issue me a citation. The police issued us blue forms, and had us officially switch information. The officer was very clear and deliberate in ensuring nobody in the other car was injured, and took pictures (as did I). After the other driver had left the scene, I struck up a conversation with the officer involved, who empathetically implied that the citation for something so minor was bogus and that the ticket was issued under obligation of duty because they were called("my hands are tied"). The officer also implied that the best way to handle such a citation would be to take it court at the latest date possible, hoping the other driver (I'm not sure why they would need to? This is a detail that I am not clear on) doesn't show up - in this scenario the ticket would be booted from court. The officer also implied that if the other driver were to show up, the best course of action would be to ask for deferred disposition. The officer kept using the phrase "collision that may or may not have happened", urged me to not submit a crash report form, and asked me to "read in between the lines". I cant recall many other specifics from the conversation, I was still on my nerves from the incident. There were also other things stated in the conversation that I'm not sure I can recall here for privacy reasons. Essentially, my question boils down to: Should i disregard the officer's advice and go for deferred disposition outright? If I were to take it to court, who exactly would need to not show up for the case to get booted? And is that even an actual thing courts do? If my post isn't clear in any area, please point it out and i'll do my best to rectify it. EDIT: Major post overhaul, I was in a bit of a rush when I posted. Among the many, I changed "deferred adjudication" to "deferred disposition". Updated "defendant" to "other driver" (I was wrong in terminology). The citation was a "failure to keep assured clear distance". Also, in posts below I'll refer to The Officer as TO for convenience.
Austin, TX - I received an unnecessary traffic citation, and then the police officer involved gave me advice
driving
4
1,422,555,133
https://www.reddit.com/r/legaladvice/comments/2u3rp1/my_father_died_ive_closed_his_cc_accounts_but/
2u3rp1
Maryland. This is apparently not a credit card so closing it with proof of a death certificate is not possible, but they still want the death certificate. I'm guessing it's a home equity loan but the rep is not able to release any information, not even to my mother, because her name was not on the account. We did find a statement but it gives us no information as to what it is. Up until now we've been able to get everything closed and tidied up with other companies with no problems. This is the first one I'm scratching my head on. If it's a home equity loan are we still responsible for it? There's a five thousand dollar balance on it. CitiFiancial wants to talk to the executor of the estate which according to my father's will left my mother with everything. They want the court order showing she's the executor before they talk to us. We've not filed anything with the courts, nor would I know where to start, because up until now its not been necessary. Have we done something wrong? My apologies if this is all over the place. I'm new to this situation and this is the first problem we've run into since he passed away in October. What should I be doing from here? Thank you in advance!
My father died. I've closed his CC accounts but CitiFinancial says we still owe the debt.
wills
10
1,421,259,662
https://www.reddit.com/r/legaladvice/comments/2sfabu/i_american_girl_recently_signed_housing_contract/
2sfabu
Hello, I'm a college student from Pennsylvania. I'm going to be studying abroad in Sevilla, Spain from January 28th - May 9th, almost exactly 3.5 months. I signed a contract with RoomSevilla, a company that leases housing to international students for short periods of time. My contract is explicitly from January 28th - May 9th. I am paying 3 months at 330 euros/month and 1 "half" month at 165euros, for a total amount of 1155 euros. This is also signed by the owner of the house. Today, I got an email from the RoomSevilla manager saying that the student currently living in my room isn't vacating until February 1st, so I can't move in until then. She sent a list of hostels that I could stay at from January 28th - February 1st. She seems oblivious to the fact that this means that I am now paying for 4 days that I won't be living in the apartment, in addition to having to pay a hostel cost for 4 days. There is a slight language barrier here (I speak Spanish and English, and neither appear to be her native language), which might be impacting things. What are my options here? It looks like I'm going to have to hold up my end of the contract by paying the amount in full, yet they are just allowed to change the dates on me? How shitty. In her most recent email she did say, "yes you will pay you will pay 3 months and the days of May". I asked if I can update my contract to reflect this change with the new lowered amount, but I haven't heard back. I don't want to rely on her verbal agreement when I have a signed legal contract stating that I am responsible for paying the full 1155 euros. I can copy and paste the exact terms of the contract if necessary. I know that monetarily this isn't a huge deal, as hostels are cheap. I could suck it up and just fulfill the contract and dish out the money for the hostel. I guess it's more the principle of the matter that I'm curious about. I'm a young college girl trying to navigate this legal jargon by myself, in another language, so I really appreciate your help! Thanks a lot
I (American girl) recently signed housing contract to live abroad (Spain) for a semester. Landlord is changing the dates on me with no official adjustment to the amount owed.
contract
1
1,476,472,338
https://www.reddit.com/r/legaladvice/comments/57i4vq/flexible_spending_account_question/
57i4vq
I am in Texas I participated for the first time in my life in my employer's FSA in 2015 and was issued a debit card. I used it once for the entire amount of my withholding. I started getting letters saying my claim had been denied for lack of substantiation. I contacted both the issuing company and my HR department and was not given clarification on how exactly to substantiate the expense. I asked several times for the issuing company to contact the medical practice the charge was made at since I had no idea what medical code I was supposed to use or what counted as substantiation in their terms. Frustrated and dealing with other shit, I put it on the back burner and dealt with life until now. My HR department called yesterday and are demanding payment for the amount that was taken out of their joint FSA because of the denial for lack of substantiation. From my [readings](https://www.irs.gov/pub/irs-wd/1413006.pdf), they were obliged to demand payment during the period of coverage, and once that ended this year, had to move on to issue me a W2 and I would have to file an amended return declaring the additional income. My question is: Are they breaking or skirting the law by attempting to collect the wrong way after the period of coverage? Additional information: The HR department just hired a benefits specialist this calendar year. Prior to that hire they were pretty useless. The HR person who called me claimed she, our CFO, additional finance employees, and other HR employees all discussed and decided to give me a break and knock $500 off the total they were demanding. I believe this is because our FSA has a $500 rollover and they think I don't know that. Thank you for reading.
Flexible Spending Account question
employment
5
1,420,590,531
https://www.reddit.com/r/legaladvice/comments/2rknwf/radiology_out_of_state_teleradiology_is_not/
2rknwf
Trying to move out of state, when my boss pulled this out and stated that this might be a problem for me. Years ago we had people that were out of state and not in the border states work for the hospital. How was that legal then? From Rules of Department of Social Services Division 70—MO HealthNet Division Chapter 3—Conditions of Provider Participation, Reimbursement and Procedure of General Applicability 13 CSR 70-3.120 Limitations on Payment of Out-of-State Nonemergency Medical Services PURPOSE: This rule establishes a regulatory basis for implementation of prior authoriza- tion on all out-of-state nonemergency MO HealthNet-covered services. PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorpo- rated by reference as a portion of this rule would be unduly cumbersome or expen- sive. This material as incorporated by refer- ence in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) All nonemergency, MO HealthNet-cov- ered services, except for those services exempted in section (6) of this rule, which are to be performed or furnished out-of-state for eligible MO HealthNet participants and for which MO HealthNet is to be billed, must be prior authorized in accordance with policies and procedures established by the MO HealthNet Division before the services are provided. (2) Nonemergency services, for the purpose of the prior authorization requirement, are those services which do not meet the defini- tion of emergency. Emergency services are defined as those services provided in a hospi- tal, clinic, office, or other facility that is equipped to furnish the required care, after sudden onset of a medical condition mani- festing itself by acute symptoms of sufficient severity (including severe pain) that the absence of immediate medical attention could reasonably be expected to result in a) placing the patient’s health in serious jeopardy, b) serious impairment to bodily functions, or c) serious dysfunction of any bodily organ or part. (3) Out-of-state is defined as not within the physical boundaries of Missouri nor within the boundaries of any state which physically borders on the Missouri boundaries. Border- state providers of services (those providers located in Arkansas, Illinois, Iowa, Kansas, Kentucky, Nebraska, Oklahoma, Tennessee) will be considered as being on the same MO HealthNet participation basis as providers of services located within Missouri for purposes of administration of this rule. (4) The out-of-state provider of services must meet the requirements for participation in the MO HealthNet program and have a state- approved participation agreement in effect in order to receive reimbursement for any cov- ered service, emergency or nonemergency. (5) The patient’s attending physician is responsible for obtaining prior authorization of the services s/he believes to be medically necessary. (A) Failure to obtain prior authorization for the services shall result in no payment by the MO HealthNet program. (B) All prior authorization requests must be submitted in accordance with policies and procedures established by the MO HealthNet Division as stated in the respective MO HealthNet Provider Manual and provider bul- letins which are incorporated by reference and made a part of this rule as published by the Department of Social Services, MO HealthNet Division, 615 Howerton Court, Jefferson City, MO 65109, at its web- site at www.dss.mo.gov/mhd, June 15, 2009. This rule does not incorporate any subse- quent amendments or additions. (C) Prior authorization by the MO Health- Net agency shall approve the medical neces- sity of the covered services to be performed only. It shall not guarantee payment as the participant must be eligible on the date the service was provided. (D) Prior authorization expires one hun- dred eighty (180) days from the date a spe- cific service was approved by the state. (E) All requests for prior authorization must be submitted to the Participant Services Unit of the MO HealthNet Division. The physician who is referring the patient for the nonemergency services must call or write the MO HealthNet Division for authorization. (F) Telephone prior authorizations may be granted. (6) The following are exempt from the requirement for prior authorization of none- mergency MO HealthNet-covered services for out-of-state providers: (A) All services provided individuals hav- ing both Medicare and MO HealthNet cover- age for which Medicare does provide cover- age and is the primary payer (crossover claims); (B) All border state providers as defined in section (3) of this rule; (C) All foster care children living outside Missouri. Nonemergency services which rou- tinely require prior authorization will contin- ue to require prior authorization by out-of- state providers even though the service was provided to a foster care child. Foster care children are identified on the MO HealthNet ID card with a Type of Assistance (TOA) indicator of “D” or “Z”; and (D) All independent laboratory and emer- gency ambulance services. (7) All other policies and procedures applica- ble to the MO HealthNet program will be in effect for services provided by out-of-state providers. AUTHORITY: sections 208.153 and 208.201, RSMo Supp. 2008.* This rule was previously filed as 13 CSR 40-81.190. Emergency rule filed Sept. 18, 1981, effective Sept. 28, 1981, expired Jan. 13, 1982. Original rule filed Sept. 18, 1981, effective Jan. 14, 1982.
Radiology out of state (Teleradiology) is not allowed?
contract
1
1,589,309,228
https://www.reddit.com/r/legaladvice/comments/gihkkw/added_girl_from_omegle_on_snap_not_sure_if_shes/
gihkkw
So i added this girl from omegle, to whom i might have sent some regrettable pics (as in nudes) i told her to put 2 fingers in the air if you're real, and she did, now shes asking for my nudes, i asked for hers but she said "downstairs with family", so am i being catfished?
Added girl from Omegle on snap, not sure if shes catfishing me
digital
3
1,413,398,212
https://www.reddit.com/r/legaladvice/comments/2jcayl/dismissed_from_graduate_program_at_university/
2jcayl
I have been a long-time student at a private university in Wisconsin. After graduating I continued at the university pursuing a masters degree and teaching certification. After a year and a half in the program I was removed from my student teaching position. After I was removed from my student teaching position the university gave me two failing grades in the associated classes and asked me to follow a set of steps to qualify to student teach and continue in the program. I complied with what I was asked to do, which included seeing the school counselor and writing a reflection. Eight months later, I was dismissed from the school of education and told that I had not shown significant enough growth to continue. Until this happened I had had been a straight A student with a respectable reputation. I have invested a ton of time and effort into my education, which has been lost as a result of this. Financially I am struggling with loans to repay, personally I am devastated by the harm to my reputation, and I fear I will not be able to complete my education or get a job in the future because of this. Obviously there are a lot more details that I am not discussing in this post for the sake of brevity, but I guess my question boils down to this: can I take any legal action against the university? The amount of money and time I have lost is tremendous and I do not believe I was treated fairly in this process. Where would I start? What legal actions might be applicable? I can include more details if that would help anybody answer. Thanks in advance.
Dismissed from Graduate Program at University
school
9
1,589,152,587
https://www.reddit.com/r/legaladvice/comments/ghbwio/ca_landlord_has_requested_a_lease_amendment/
ghbwio
My new landlord (through her real estate agent) has asked me to sign a new form that was recently published by California Association of Realtors entitled "Coronavirus Addendum or Amendment" C.A.R. Form CVA-LR, 04/16/20 ([link](https://imgur.com/a/LMVBcDe)). For context, the lease agreement has already been signed by tenant (me) and landlord, and deposit check has been paid and deposited, prior to this request. The move-in will occur at the end of May. The form appears to give either party an "out" if they cannot fulfill the terms of the lease due to COVID-19. My concern is that if I sign, this form could be used by my landlord to terminate our lease agreement prematurely or otherwise sidestep eviction laws by invoking a "unforseen Corona Circumstance". I understand that the agreement would also offer me some protections if I had a "unforseen Corona Circumstance" but I am lucky to be in a position, financially and otherwise, where I am very confident I will not need any protections afforded by this agreement. I would rather stick to the standard lease. The form says it is optional to sign, so as a first step I have told my landlord I would prefer not to sign, and am awaiting reply. Can anyone help me to understand if I am interpreting the document correctly, or change my view if you believe it would benefit me to sign?
[CA] Landlord has requested a lease amendment related to COVID-19 one week after signing apartment lease. Should I agree?
housing
7
1,424,442,057
https://www.reddit.com/r/legaladvice/comments/2wjrfa/need_advice_regarding_a_landlord_situation_wi_she/
2wjrfa
My wife and I and newborn child rent the basement suite of home on a 12 month signed contract. The contract ends July 30 2015 HOWEVER - The landlord has the house on the market and it's like looking she may sell it soon (well before the end of the agreed upon period of rental anyway). What kind of recourse do we have in this situation? Obviously, it's quite inconvenient to be kicked out due to her selling, especially when we live in a very cold part of the US! Some background: Her house was on the market when we originally came upon the opportunity to rent there and one of the lines of the contract that she agreed to was to take her house off the market. She did so as soon as her agreement with the realtor ended (about a month into renting). She has subsequently put her house back on the market and she told my wife the other day that she's pretty eager to sell it. What??!! you can't just break a renters agreement like that can you?? Why did she put it back on the market? There were some details she did not fill us in on: She is not the sole owner of the property. She shares ownership with her ex-husband. Years after the divorce they are apparently still duking it out in court and there was a court order to put her house on the market in the name of her doing her due diligence. Anyway, I have no idea what kinds of rights or recourse I have as a renter in a situation like this and am dreading the inconvenience of having to move in sub zero temperatures if that's what it comes to, or even non sub zero, but prior to when my wife and I have figured out other arrangements. Thank you for any help you can give. UPDATE: Thank you to all of you. I sent my landlord a text (how we always communicate) letting her know what I had found out and giving her the link for more details on the law if she wanted.
Need advice regarding a landlord situation [WI] - she may break the contract by selling the property before our agreed upon term is up
housing
7
1,578,463,285
https://www.reddit.com/r/legaladvice/comments/elooh7/ten_day_demand_for_rent_or_possession_posted_on/
elooh7
My wife and I own a house in CO, in a typical suburbia neighborhood. My wife went to grab an Amazon package this afternoon, and there was a notice posted on our front door: "TEN DAY DEMAND FOR RENT OR POSSESSION." Except, we don't rent, and the address listed on the notice is that of a house two doors down. The notice lists the tenants of the house, and the amount they allegedly owe (including a late/delivery fee). The notice also has a "notice prepared" and "notice delivered" date of 1/6 on it, but it was DEFINITELY delivered today, on 1/7. There are two signatures on the notice, which appear to be those of people at a property management company in town. Overall, seems like sloppy work from this company. I know all of the neighbors we are directly adjacent to, but I have not met the folks living at this address yet. I have heard mixed things about them from the gentlemen living in the house between us, but one of the things I did hear was that they have a child battling cancer. Are there any ramifications due to this being posted on my door instead of theirs? And any thoughts on whether I should give it to my neighbor or call the property management company? I'm not looking forward to giving it to my neighbor, since we don't know each other and this isn't how I would choose to meet someone else, but if it is in their best interest I'm willing to do it.
Ten Day Demand for Rent or Possession posted on incorrect address
housing
7
1,577,884,257
https://www.reddit.com/r/legaladvice/comments/eii71q/9_unpaid_hours_of_work/
eii71q
My work uses a rounding time clock. We can clock in and out, before or after the required time by 7 minutes, and we get paid the same. Cool. This changed in February when they added a punishment to clocking in late or out early by 1 minute. The pay is still rounded the same (7 minutes both ways), but now there's a punishment if we use the side that benefits employees. I counted up my unpaid minutes this year and it came out to 9 hours. This is while trying to clock in as close to the dot as possible. I know rounding is legal, but from my understanding, only if it's a neutral system. Is this truly a neutral system??
9 unpaid hours of work
employment
5
1,578,447,434
https://www.reddit.com/r/legaladvice/comments/ellhet/my_landlord_kicked_me_out_after_1_week_of_me/
ellhet
I had moved to Australia in the start of the last year. I am an International student here. I was looking for a new place to stay after staying with my relatives. During the June of last year, I looked at an advertisement for a cheap 100$ room in a house. The add was posted on a local marketplace app. I contacted the person and we agreed that I have to pay 400$ in bond and 200$ in rent for two weeks and that I can move in after that. He also said that he would give me a written contract. I moved in after a day and paid him the amount. He didn't give me a contract instead wrote on a piece of paper that I have given him the money and wrote the date from which my rent starts. He signed the paper and so did I. I didn't thought much of it as he seemed nice and as I was new here I had no idea what a contract looks like so I let it go. After almost a week he texted me that he needed me to move out by the night or the next morning and he was sorry as he is in some problem and he will transfer me my money back the next day. When I went there that night he told me a story about how his accountant has not been paying bills and so and the police is coming in the next day to take the keys for his house. I moved out as I didn't wanted to cause any problem. I moved in with my friend for a day or two to look for another place. He did not return me my money. I called him once or twice everyday for 3 to 4 days to ask for money but he kept pushing it to the next day. Then he stopped picking up my calls and texted me that I should go see a lawyer if I have any issue. He did pick up call once after that and told me to stop calling and harassing him. I didn't harass or even call him that much I just asked for my money back. And I also had to stay a day and night in my car because of him as it took me time to look for a new place. I have no idea of the legal systems in Australia. I do have his texts and a picture of the page that he and I signed. I let the matter go as I had no idea about how much it will cost to get my money back and I don't want to spend a lot of money. I did text him again and i got a reply saying that this is not the same person and someone has got this number recently. What should I do to get my money back?
My landlord kicked me out after 1 week of me living in his house and is not paying me my money back
housing
7
1,418,195,599
https://www.reddit.com/r/legaladvice/comments/2oueg5/my_car_got_stolen_from_my_mechanics_south/
2oueg5
Hi guys, Firstly, thank you. I appreciate any support/help put forward. Okay, a couple weeks ago I took my vehicle to get serviced at a mechanic. While it was being serviced, he left the vehicle running, with the keys in it, unlocked, outside his premises. Naturally it got stolen. The car was taken, contents were stolen, my keys (including my house keys) were taken, as well as receipts containing my personal address. I only have 3rd party insurance on my vehicle, and I explained to the mechanic that I would be following it up with him and his insurance. Now, I just got an email saying that they will not be accepting the insurance claim because there were things I cannot provide receipts for (stuff I've paid cash for, and never thought to keep receipts) When I spoke to him about it, he said that he told his insurance company that the vehicle was locked and secured inside the premises when it was stolen. Not that he left it outside, with the keys in it. My question is, do I notify the insurance company that he in actual effect was negligent so that I am able to get my property returned/compensated? TL;DR: Mechanic lied about his responsibility, and now insurance isn't covering me for my loss.
My car got stolen from my mechanics - South Australia
insurance
8