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    Sunday, December 31, 2017

    Legal Advice Happy New Year’s from all the Moderators and Starred Users of LegalAdvice!

    Legal Advice Happy New Year’s from all the Moderators and Starred Users of LegalAdvice!


    Happy New Year’s from all the Moderators and Starred Users of LegalAdvice!

    Posted: 31 Dec 2017 08:18 AM PST

    2017 has been a huge year for /r/legaladvice. Starting the year with approximately 161K subscribers, as of the writing of the post, we have 323,200. That is an amazing growth of 100.7%! Thank you all for helping to grow this community!

    As we look forward to 2018, remember we still have tonight. Many of you will be out celebrating New Year's Eve and indulging in alcoholic beverages, I know I will be. What we don't want is you asking about DUI attorneys and laws in the morning. Be safe, have a plan to get home, be it DD, Cab, Uber, or sleeping where you fall.

    Here is to a happy 2018!

    submitted by /u/ExpiresAfterUse
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    My mom keeps telling people I'm a lawyer when I'm not. Worried about liability or potential character and fitness issues (CA)

    Posted: 31 Dec 2017 11:06 AM PST

    Hello everyone,

    I'm currently a law student (2L) and my mom is really starting to make me worry.

    She's a very verbally aggressive and entitled person. Anytime something doesn't go her way, she immediately starts screaming law suit when 100% of the time she's at fault or doesn't have a claim anyways.

    Recently, she took her cat to the vet to get vaccinated. A few days later, the cat was very sick and would scream if carried. My mother took the cat to the vet, but informed them she was refusing to pay for the visit or any tests because she just knew it was their vaccine that made the cat sick and therefore the office was at fault and should eat the cost.

    Understandably, they said no. My mother announced she was going to sue them, that it was unconstitutional for them to deny her cat free care (I don't even), and that I, her child, was an attorney and was going to sue them for everything they had. She left them my information.

    I got a call from the vet's attorney who wanted to talk about the matter. I immediately interrupted them and let them know that (1) I was not an attorney, (2) I never agreed to represent my mother in the matter, (3) I could not legally represent my mother in the matter, and (4) I was terribly sorry about this. I explained how my mother did this all the time. The attorney understood and let me go.

    While nothing bad came out of it, I'm worried someone will report me to C&F for unauthorized practice of law if my mother keeps this up. I have repeatedly asked her to knock if off, but she just won't. She's also given her friends my information to get legal advice from me and I have to keep telling them that I can't help them.

    Can I get in any kind of trouble because of my mom's assertions that I'm an attorney? What can I legally do to protect myself?

    submitted by /u/momplzstopimbegging
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    [GA] Want to sell a mobile home with a someone living in it.

    Posted: 31 Dec 2017 04:59 AM PST

    I have a mobile home a friend is living in rent free. They pay the lot rent and all utilities. We have not signed anything or made a lease I just let them move in. I have talked to her about buying it but she doesn't want it. What is the best way to go about this? I have tried looking online but everywhere only says things about folks that have a lease or some kind of agreement. I don't have anything like that with her. Thank you.

    submitted by /u/flyingtoy
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    Manager is demanding I resign because I told her I was looking at other opportunites (NJ)

    Posted: 31 Dec 2017 05:53 AM PST

    Hey Everyone, I've worked at a retail store for about 10 months now, my manager asked me back in November "what my plans were after the holidays" I told her I may be looking at other jobs and I'm returning to school (took a semester off). She said she was sad to see me possibly go but she appreciated the heads up. Fast forward to last week, she calls me and tells me that someone told her i was leaving without putting my two weeks in and she took that to heart and told the regional manager. She's demanding my resignation date to be the 16th. I explained to her I have bills and financial obligations, she said "well this will be an important lesson to not tell your boss your plans". Is there anything I can do to get this work in my favor so I have a little money to keep going between jobs? This is in NJ, it's a retail chain that has about 200 stores. (this is my first post here so I'm not sure what other info you need but i'm happy to answer any other questions)

    submitted by /u/Aildaris
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    [AZ] Corporate policy at my restaurant is not to give you proper change

    Posted: 31 Dec 2017 08:39 AM PST

    I tried to summarize as best I could in the title but I apologise if it's confusing. I work as a server at a mid-large local chain, and obviously as a server I get tips. At the end of the night we get all of our tips in cash, rather than having them added to our paychecks. Corporate policy prevents our managers from giving us proper change, however. I'll try to give an example to explain.

    So say I had one table for the night and their total was $20. They pay with a card and write in a tip of $5, then as I left I would be given $5 in cash for that tip. But, if I had a table whose total was $20.50, and they paid $25 in cash, that means I would owe my restaurant the $20.50 in cash and I keep the rest as my $4.50 tip. If I were to give them $21 and ask for 50¢ back, policy prevents my managers from giving me back my 50¢, meaning I would only get a $4 tip rather than the $4.50 the customer intended. Is this legal? If it is, what allows them to do that?

    Sorry if that doesn't make sense, I tried to make a good example. I'll explain more in the comments if people have questions.

    submitted by /u/Swartz55
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    I've got to evict My dad

    Posted: 31 Dec 2017 09:47 AM PST

    Im sorry you guys im inthe middle of a panic attack right now im not sure how much sense ill make

    I live in Tx. I inherited 1acre plus a nice double wide from my mother's father. Actually, me my brother and sister. So my father has been leeching off whoever is here for years. And swears this is his house and me and my family need to leave. He went to jail and plead guilty to assaulting me June 2016. The county law brought him back and said if there was any problem I would go to jail. The Chief of police in my town said if he would have known he would not have let any of that happen. He got an out of state job in Oct and when I was out of town for Christmas he came back, moved himself into my five year old son's room and he is smoking cigarette s and drinking liquor and told my husband when he leaves he is putting a padlock on the door- to my sons room- because it is His room. I have literally 0 dollars. How do I get him out? My heart literally cannot take this I've been having heart palpitations and have not stopped trembling for 2 days. I know I have to give him 3days written notice before I evict,but I'm scared? He's 6'4" about 180. I'm 5'4" 120 lb. Female.

    submitted by /u/turkey_lurkee
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    I’m 17 & have no clue what i’m doing

    Posted: 31 Dec 2017 09:10 AM PST

    (michigan) i will try my best to make this short and sweet.

    Basically in november i was driving with a friend who asked me if i could take him to meet a someone because they owed him some money. i say yes because i'm young and dumb and i figured what's the worst that could happen. He gives me the directions and tells me to park a ways down the street where i cannot see the house he goes up too. maybe 10 minuets later he comes back in the car and tells me to drive off and take him back home. he gets in the car and tells me about how he scared the guy who owed him his money and almost hits him. i drop him off and an hour after everything happens the police are at my door to question me. they ask me a bunch of simple questions like what happened and i pretty much tell them i have no clue because i wasn't there to even see it happen i was stay put in my car.

    a few weeks later i get a letter from the court saying i have to appear and my charge is "aid and abet simple assault"

    from googling what aid and abet means, am i getting charged for driving my friend to the location? i'm just so confused as to why i am getting charged when i never saw the assault happen. my arraignment is soon and i don't know to plead guilty or non guilty i'm just so confused. this is my first offensive and i have never gotten in trouble before. any help would be great

    submitted by /u/justkickingit616
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    [NJ] Was just arrested for and charged with DWI. I did not use alcohol or illicit substances today.

    Posted: 31 Dec 2017 02:46 AM PST

    I just got home from the police station. This was not only my first arrest but my first time being pulled over.

    I work at a restaurant and got out at 12:30. Drove my friend home, and almost immediately after dropping him off at a motel (where he lives with his family) and turning around to go home, I was pulled over. I was following my gps and though there was almost no one on the roads, I was pulled over for reckless driving (the officer wasn't clear really; he said I drove over stripes? I was just trying not to miss my turn and have never driven here before).

    The officer administered a field sobriety test and I failed in that apparently my pupils were dilated with the flashlight shining in and my eye appeared to be twitching when I looked up. Also that test where you estimate 30 seconds in your head, I took 41 seconds. He suspected drug use.

    Now, I struggle heavily with anxiety, which tends to manifest physically -- shortness of breath, trembling, flushing, etc. I can't help but feel like this could have been a factor. Also that it was 10 degrees outside.

    Nevertheless, I was arrested, my mom's car searched and impounded, and I was taken to the station where they administered more tests, including the same sobriety test I had already taken, but also a breathalyzer test and blood pressure, pulse, and some blacklight stuff in a dark room. I was not finger printed or photographed but I was read my rights.

    The sobriety stuff I supposedly failed in the stop I passed fine with this other offer administering. I also blew a 0 breathalyzer. However, my blood pressure was 186/120, which for my age (23F) is considered quite high. I blame my extreme anxiety in this whole event, as well as my family history of hypertension -- they blame marijuana.

    In the blacklight test they claimed to see marijuana residue around my mouth and on my tongue. To this I confessed that I had vaporized marijuana the night before at 1 am. This is true; I didn't use marijuana today, although I supposed there could be debris on my pillow, as I like to vape in bed before I go to sleep (never before driving).

    I was not under any influence. I am a very careful person when it comes to cannabis -- I wouldn't walk around with it or use it I any capacity where I could have a police altercation. Or so I thought.

    They said it will probably all be sorted out at my hearing next week. Probably isn't good enough for me. I don't think it's right that I was arrested and held against my will until 5 am (I'm about to work a 14 hour shift starting in 4 hours), i don't appreciate that I have to pay probably everything in my meager bank account to get my moms car out of impound, plus this ticket for reckless driving on my first offense, and I'm pissed that i have to miss a class I care about and spent a lot of money to take you go to my hearing.

    My questions are -- what are the odds of me getting out of the DWI? What should I do to protect myself? What exactly did that blacklight do to detect 24 hour old cannabis on my face? Did I unnecessarily incriminate myself? Could I get my money back for the impounded car? (I know that sounds silly but I only have $600 to my name and I have bills to pay).

    Edit: while I really do appreciate the hindsight insight I would like more advice as far as moving forward -- the police said it would probably go away in court because the tests said I wasn't impaired and my only symptom of drug use was high blood pressure. Still a bad prognosis without a lawyer? (I'm pretty much broke).

    submitted by /u/Snoozeybutton
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    [FL] Car was just repossessed. After payment was made.

    Posted: 31 Dec 2017 05:38 AM PST

    My car payment for the month is $274. Well it's actually $137 due on the first and $137 due on the 15. With a grace period. I mailed off my $274 the weekend before Christmas. The dealership called on the 27th harassing my mom about sending out the repo truck for a late payment and that they couldn't find my car (Though in the contract it says my car has a gps so they can find it in case of repo.). My mom called and told me on the 29th. So I called my car dealership and the lady that answered said the received the payment on the 28th and processed it. So everything is good.

    My car was just repossessed this morning or late last night (12/31). I owe $541 left on it and late fee balance of $101.

    My last payment is in February which has to include any late payment fees and the car note. You are also only repossessed if you are late more than $200. They are closed today but tomorrow I plan on going to the dealership. Is there any tips or advice I can use to get my car back tomorrow? Was the repossession unlawful? I'm pretty sure they are going to try and charge the $101 (late payments) and the first repo attempt along with the executed repo attempt.

    Edit:Idk if this helps but I am in a 2 year contract that ends in February. And this is the first repo, though they have accepted late payments all the time. Its a pay here buy here dealership/no credit etc.

    Edit: Can I somehow get this off my credit maybe? Is there like a stock strongly worded letter to bring with me. Any advice will help.

    Edit:Also in 2012 the Attorney General filed suit against them for unlawful practices. One included repossessing cars when payment was not behind. Idk if that helps. It's actually still going on. I sent a complaint to the Attorney General maybe that will help.

    submitted by /u/needhelllp2
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    Is it "fair use" to create drawing tutorials teaching how to draw characters like Mickey Mouse, SpongeBob, etc? [USA]

    Posted: 31 Dec 2017 06:33 AM PST

    I wanted to start a site showing people how to draw popular characters & props from TV/movies but I'm not sure where this falls under copyright law.

    The tutorials wouldn't use any official artwork or promo artwork from the copyright holder. All images & videos would only show my drawings and would be like a timelapse from start to finish. I've found lots of examples like this site and plenty of video tutorials on YouTube too. It looks like these are monetized through ads but they aren't selling the artwork or claiming any association with copyright holders.

    Does this type of content violate copyright law? I understand that just because other people do it, that doesn't mean it's okay or legal. But this also wouldn't use any artwork other than my own created from scratch. Just hoping to get some thoughts from lawyers well-versed in copyright law.

    submitted by /u/lookunderwhere
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    My sister’s landlord is raising her rent because she has now become disabled and needs to use a wheelchair. Is this legal?

    Posted: 31 Dec 2017 11:44 AM PST

    Landlord is watching live feed of bf's stairwell interactions - called immediately after watching a conversation

    Posted: 31 Dec 2017 12:36 AM PST

    Hi all, I'm concerned about the behavior of my boyfriend's landlord. He owns the building and is also a realtor for a local company. Tonight, I was letting out my dog and there was a neighbor sweeping the staircase that leads to the upper apartment. She said hello, I said hi, the dog is harmless, and we went back inside without issue. My boyfriend became concerned because he wanted to know who was sweeping the stairs as a result of some shitty neighbors who recently were evicted. After this interaction, which was amicable, the landlord called my bf's personal line and asked who was sweeping the stairs literally two minutes later, indicating he was actively watching and listening to conversation. The security cameras were installed 3 months ago, with a camera that initially pointed towards my bf's door but then moved to the evicted tenant's door. The camera hub itself is in the shared laundry room.

    Alaska is fairly conservative with privacy rights, with that said, given its a public area of this owner's property, and we have documented evidence of the landlord calling immediately after an interaction, is there anything legally advisable to do? It's incredibly unsettling to know we're being watched.

    submitted by /u/50yrsfromyesterday
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    Can you change the rules of an auction in the middle of the auction?

    Posted: 31 Dec 2017 05:54 AM PST

    Everyone locks their funds with the auctioneer previous to the dutch style auction. 3 days into the auction, the rules are changed so anyone can "lock" as much funds as they want until the end of the auction. Then the (future) sale price of the unsold items is changed by the auctioneers in the middle of the auction. Neither of these actions seem legal at all and the auction should be restarted to before anyone locked any funds with them so everyone has the same expectations going in. Am I crazy?

    The auctioneer is based in California, USA and has attracted about 22 million USD in locked funds and about 16 million USD in spent/won auctions.

    submitted by /u/dafky2000
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    [CA] Sent a lawsuit for selling male sexual enhancement pills.

    Posted: 31 Dec 2017 08:39 AM PST

    I own a liquor store in .CA and have been sent a lawsuit because I sell sex enhancement pills that I didn't know where marked as potentially unsafe by the FDA. Am I responsible for this or are the sex pill companies? They stated that I'm doing false advertising under the Lanham Act 43 (a)(1)(B) and violation of the civil racketeer influenced and corrupt organizations act (RICO). After reading both of these I feel like they would need to sue the sex pills company to actually win the case and that they are just bullying me into settling for the $10000 stated they are willing to do. Also the FDA articles only advise consumers not to purchase these products but don't actually say it's illegal to sell them.

    submitted by /u/GrandmasterM
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    I was given a ticket for speeding. I asked the court for an informal hearing. During the hearing, the officer did not show up and the ticket was dismissed. Today I received a letter from the same court with a date for a formal hearing for the same violation... is this an error?

    Posted: 30 Dec 2017 08:04 PM PST

    I received the ticket in October. I had the hearing in early December. I received the letter today.

    This is in Michigan, US

    submitted by /u/z2nSv8a0kGw3m
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    Car Wreck

    Posted: 31 Dec 2017 09:13 AM PST

    I am a 19 year old college freshman. The car I drive is in my mothers name so that the insurance will be cheaper. December 30 my friends had a get together that moved to the local bar in my town. Since I had been drinking I gave my keys to a friend who was supposed to be the dd that night. When we get to the bar something happens with him and he gets kicked out so he sits in the car until we're done and he'll take us home. It gets later than I want to be out so I start finding my friends to go home. I find them all but one and tell them to go to the car and get ready to leave. While trying to find my last friend the two friends I had found told two girls they would take them home. They got in my car along with my friends and they left without me and my other friend to take the girls home without asking my permission or telling me they've left. After taking them home they head back to get me and my friend. While doing so they had a pretty bad wreck. All air bags went off. They called me, told me about the wreck, another friend then took me to wear they had driven the car to (they continued to drive it after the wreck). I called my mother and she came to see what had happened. She examined the car and we decided to have it towed to a body shop early in the morning. We informed our local police force and county sheriff about the car being there. The Tennessee highway patrol found the car and impounded it and has started an investigation. The car is pretty much totaled the windshield is cracked also. Since he was driving is he liable for any damages or what is the best course of action for us to take, a big reason we didn't file a claim is out of fear for being discontinued by our insurance. What all will happen and what will I or my mother be charged with?

    submitted by /u/go_vols_1998
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    [NY] Nearly suffocated to death in my sleep due to a fire caused by the super. Fire dept. found my smoke detector had no battery inside.

    Posted: 31 Dec 2017 09:36 AM PST

    • Just moved into a place. Everything's great! Smoke detector installed and everything. Great!
    • I wake up this morning choking and tearing, with my entire apartment filled with thick black smoke
    • I make it to my front door to find my neighbors just calling the fire department now
    • Choking and coughing for 25 minutes
    • The fire department arrives, and they inform me that the super is the one who started the fire, but that he isn't the one who called.. He also didn't notify anyone when he started a fire in the basement? No one rang anyone's doorbell, or notified us? Super who started the fire didn't pull a file alarm, or ring anyone's bells?
    • The fire department shows me back into my place after giving me oxygen and tries to find out why I didn't wake up to an apt. full of black smoke.
    • Turns out it had no battery inside of it. Really cool experience finding that out.

    I'm not injured, just mad. Is there any legal recourse for punishing this level of incompetence, or does the fact that I didn't face any harm / damages mean that this was just a "woops, you should've checked your battery when moving in!" sort of situation?

    I pretty much could have suffocated in my sleep because a) of his inaction after starting the fire and b) providing battery-less smoke alarms to new tenants.

    Worth pursuing? Or discussing with a lawyer? Thanks for your time.

    submitted by /u/shrine
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    My parents took my money and kicked me out of our home, what are my options?

    Posted: 31 Dec 2017 10:27 AM PST

    Long story short, my parents wanted to teach me a lesson after I told them I was planning on majoring in something they didn't approve of when I started university next year. They took away my bank card, closed it, then they kicked me out on the street on Christmas Eve. I am in a homeless shelter since then. I tried speaking to the police but thye told me that since the money, which was what I earned from my job, was in a joint account with theirs that I was not entitled to it. Is this true? I also would like clarification, is it legal for my parents to kick me out like this? I am turning 18 in a few days. Nobody seems to want to help me so I am desperate.

    submitted by /u/DesigningChi
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    [VA] Company I applied for in may is charging me for drug test months later

    Posted: 31 Dec 2017 03:05 AM PST

    I applied for a contract job with a shipping company and back in may I had to take a DOT drug test/physical to get the job so I take it and give the paperwork saying I had taken the drug test/physical back to the company the same day

    About a few weeks go by and I never heard anything so I assume I failed the drug test and find a new job in a rival company

    In September I get a bill in the mail from the doctor charging me $140 for said drug test and I go to the doctor saying this was to be paid for by the shipping company and then they tell me go to them

    So I go to the shipping company and tell them the situation and they say they'll pay for it now worries

    Another couple of weeks pass by and I get the same bill for $140 in the mail from the doctors office again so I head over to the shipping company and they assure me it is supposed to be covered by them and they'll pay for it

    Now it's late October/mid November and I get another bill from the doctor I go up there and they make a copy of the bill and they say they'll call me the next day and gave me there number

    No one called me the next day so I went ahead and called them and no one answered

    Now late November I get a bill from a debt collected and the bill is now around $160 from interest and there calling my phone every week or so to ask for the payment and I mail the shipping company this new bill from the debt collector the original bill from the doctors office and a letter explaining the whole situation how I went there 3 times being promised this would be paid for then they tell me they'll pay for it and I'm still getting the same bill

    Now a few days ago I got another bill from the debt collector for said drug test/physical with a letter saying how it'll effect my credit score,etc.

    So it appears every time I go up there to the shipping company or try to contact them they don't pay it.

    What type of legal action should I take to get them to pay it

    submitted by /u/blackierobinsun3
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    [NC,USA] Hi, I am from out of state and got a speeding ticket doing 85 in a 55mph, near Sylva. Need some advice.

    Posted: 31 Dec 2017 10:04 AM PST

    As my title says my license is from another state and I just got a ticket for doing 85 in a 55, not used to driving in all these mountains, i just want to get over the ticket, my question is what would happen if i just plead guilty and pay the fine? Should I hire an attorney? I'm afraid that my license will get suspended.

    *edit: added the attorney question.

    submitted by /u/Link_and_Zelda
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    My Mom Won’t Let Me Move My Son Back With Me

    Posted: 31 Dec 2017 12:31 AM PST

    Hey guys. Thanks for the checking my post and for any direction I can get. Roughly 2 years ago I made a tough decision to let my sister and her husband watch over my son, who was 3. I was in a tough spot in life and I was unable to care for him at the time. They lived in Chicago and I decided to move to Texas for a new career opportunity.

    So much happened while I was away. We found out my son was autistic and along with it came all sorts of medical and academic challenges. While he isn't seeing a specialist of any sort he has greatly improved over the past year. He's beginning to talk and be more social.

    On top of that my sister and her husband divorced. The only father figure my son has known left the picture which left them in a financial bind. I've been helping all I can but it led to my mom moving with my sibling to help them out.

    This all happened in the 2 years he was with my sister. Along with that my sister attempted to take her life and she is mentally unstable. The divorce really took a toll on her. Since then my mom took over watching my son. She had so much trouble getting him insurance and I filled out a notary agreement saying that they are the guardians of him. It was for them to get help and benefits for him.

    My mother has been caring for my sister too and I am now ready to get my son. I've tried to help my mom and sister financially. They were gonna relocate here to Texas with me but they changed their mind. My mom has sent me many messages saying she will not allow me to get my son back. She wants to do a custody order allowing me to only see my son on certain weekends.

    Is there anything stopping me from flying to Illinois and just picking up my son? My sister is mentally unstable and my mom has appeared to lose her mind. I'm so worried about the safety of all involved.

    Please do not judge me for letting my son go. I made a tough decision but now I'm more than capable of being the mom he deserves. Thanks again.

    submitted by /u/JthfknNiNjA
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    Ex GF has my dog

    Posted: 31 Dec 2017 07:37 AM PST

    This is in the US, Colorado, it would fall in Denver county I believe. My Ex has my puppy girl and will not give her back. I tried calling the police but they said they can't take Phy from her. They advised me to take the Ex to court. Phy's chip information is in my name and address, but the Ex's parents pay for Phy's pet insurance. We've shared custody of Phy for about a year, but now the Ex is refusing to give Phy back. I don't know what to do, I just want my puppy back.

    submitted by /u/JustSomeStudent
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    [CO] Two packages worth roughly $150 were stolen off of my porch on the 28th. Got the empty box back from a neighbor, and it has a receipt in it I think identifies the person who did it.

    Posted: 31 Dec 2017 10:37 AM PST

    A coat and some disposable razors were recently stolen off of my front porch while I was out. Yesterday a neighbor came by with the empty box he had found in his yard. In it, I found the receipt for the larger item, the empty smaller package, and a western union receipt that I think may have the perp's name on it. Is this something the police would actually look into if I called them, or should I try to find this guy on my own?

    submitted by /u/colorado_here
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