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    Thursday, February 8, 2018

    Legal Advice (FL) My coworker is intentionally trying to cause me to have an asthma attack

    Legal Advice (FL) My coworker is intentionally trying to cause me to have an asthma attack


    (FL) My coworker is intentionally trying to cause me to have an asthma attack

    Posted: 08 Feb 2018 05:40 AM PST

    I work for state government and I'm kind of low man on the totem pole.

    I found out I was asthmatic. On Christmas. At the ER. And its extremely not pleasant. Since then, I've been really controlling of my environment, and have become even more introverted than ever, because having an asthma attack is horrible. There's the "holy god I can't breathe" part, then feeling like you simultaneously got hit by a truck and had acid poured down your respiratory tract for the next few days. This can legit be life threatening.

    My coworker likes to bathe in perfume to mask the smell of weed. And it's been uncomfortable. I've kept my door closed, held my breath while walking through.

    Yesterday, I was in a coworker's office, and the coworker came through. Got within a foot from me and BOOM ASTHMA ATTACK! My boss drove me to the ER, had to do two breathing treatments, a chest x-ray, steroids, and a flu test (because they're doing it for everyone).

    Later that day, my boss calls me and pretty much tells me that she can't tell people to "not wear things" but that she'd let folks know to tone it down. My HR liaison is out of office due to a family emergency.

    Ok.

    I came in at 10am this morning, after picking up my shiny new nebulizer and albuterol and walked into my unit with breath held. No smells. No perfumes.

    Praise all that is holy.

    Get in, do my first treatment, and I'm solid. I got my steroids. I can do this. I still feel like I got hit by a bus from just muscle soreness in my chest, back, abs and my respiratory tract feels raw.

    Went about my work, and goddamnit, she comes in from lunch reeking of perfume and weed.

    FML. FML. FML.

    This woman is trying to kill me.

    I spoke with my boss' boss who pretty much told me the same thing my boss told me, which is completely unacceptable... but okay. I can't corroborate until HR is here.

    But this coworker has been told to "tone it down" but still smells like she's bathing in perfume. Her cube is between mine and the exit. I do have an actual office, which helps, but every time I have to leave our little area, I have to walk by her office. I legit hold my breath every single time I walk by because I CANNOT afford to go back to the ER for respiratory distress.

    I was told I could move offices... to a cube, where I cannot control my environment at all. I don't know how much better or worse this can be.

    But at what point is this not assault. This woman literally put me in the ER from her perfume, and doesn't have the decency to "tone it down". When is this considered assault?

    I was also told that the next time I have an asthma attack I can't have a coworker drive me due to liability issues, so they'll have to call EMS.

    I CANNOT afford this.

    I was also told this isn't a worker's compensation issue.

    I'm putting in for FMLA so I don't lose my job for missing time because my coworker is trying to get me put in the hospital.

    What can I do? I'm so terrified of losing my job, ending up with ridiculous hospital bills... just I don't know anymore.

    Thanks in advance, folks.

    Update: Just got my FMLA paperwork from the back up HR liaison and phoned her up and asked her about it. There's no policy per se, however emails are frequently sent out department wide about wearing too much perfume and she would resend out the email reminding people to be conscientious with their scents due to people with medical conditions. I also informed HR of what both my supervisors told me; how they couldn't "tell people not to wear things"

    Also, yes, I was pretty emotional about this -- I was having a panic attack when I typed this out. I don't know about ya'll, but I'm pretty passionate about breathing. It's kind of one of those things I need to do to stay alive. I'm also really passionate about not having ER copays.

    And yes, my coworker is probably an idiot. But after a coworker ends up in the ER due to having an asthma attack over your perfume, how do you rationalize that it's okay to keep doing it? I mean, I wish I could bill her my copay, but that'd definitely get me fired lol.

    And as for the weed thing -- that's a helluva can of worms I don't know if I want to open. Ya'll, I just want to work without being in respiratory distress, or under the threat of respiratory distress.

    submitted by /u/VesperCat
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    [MI, USA] Botched reglazing of apartment bathtub results in one cat dead, another cat sick, husband seriously ill

    Posted: 08 Feb 2018 07:29 AM PST

    tl;dr: Our apartment owners had our tub re-glazed. It was done with improper ventilation, and we were incorrectly told we could come back in immediately after. Now the chemical exposure is resulting in serious health risks and the death of a previously totally healthy cat. Where do we stand legally?

    I apologize for the length- I wanted to be thorough as I don't know what is and is not relevant. I've made several edits for odd formatting and have removed much extraneous information.


    What Happened and Timeline

    My husband and I live in an apartment building. There is several buildings in the complex and the company owns other complexes as well. We have been living here since 2016 with no complaints.

    On Monday the 29th, the tub was reglazed by a contractor. We were instructed via letter by the landlords to leave the apartment (along with our two cats: 4yr old male cat "Tyko" and 6 year old female cat "Max", both "mutts") for 6 hours during the reglazing and immediate drying process, but we were told we could return afterward. This was repeated to us by the contractor on his arrival.

    We returned late that night to give extra time. We noticed a smell coming from the bathroom (which had the door shut and the tiny fan on), but we trusted the information we had been given and thought it would be safe. By Tuesday, the smell had not left, and we were feeling a bit "off"- I was becoming very irritable, experiencing headaches, and my husband was coughing more than usual. (The cats seemed fine, as animals often do even when they're not)

    On Wednesday evening, my husband and the cats started to become ill.

    Thursday, my husband called poison control very early in the morning to get some advice. We were told that the most common reglazing agent, methylene chloride, enters the lungs and settles there, inducing phumonia (inflammation of the lungs) as well as effecting the liver and kidneys, and carries a risk of long-term health issues such as cancer. My husband also went to urgent care because he was unable to breathe, where he was given an inhaler and steroid shot and was told that if he does not improve quickly, he would need to be hospitalized.

    That night, the cats began to have difficulty functioning and began vomiting repeatedly. We immediately moved to my mother's apartment in the same building, where we stayed for the remainder of the week while we aired out our apartment as much as possible (we opened the bathroom door, left all windows open with our box and tall fans attempting to air it out).

    After doing research on reglazing chemicals typically used for bathtubs, we found that it's strongly suggested to (1) not be in the home for at least 48 hours after the reglazing and (2) that leaving windows open is not enough, but you must bring in some kind of ventilation gear such as hurricane fans or powered tubing to clear the area out before reentering.

    Friday morning, we took our cats to the vet for care.

    After Saturday, the cats got worse, their vomiting increasing. We began syringing water and liquid food into them.

    On Sunday, we checked out our apartment, and, no longer smelling the chemical, we moved back in. Things remained unchanged (cats vomiting, although a tiny bit less than before), but since it didn't get worse, we thought it would be fine to stay there.

    Max began to tremor late Tuesday afternoon. We rushed her to an emergency vet service, where a bloodtest and xray revealed that she was in renal failure and that her liver was all but destroyed. We attempted to try hospitalization for her, but she died while they attempted to apply an IV. We immediately moved in with a friend in town and intend to stay the week until we can stabilize our health and get some kind of absolute assurance that our apartment is back to a safe place to be.

    My husband stopped at the apartment again today to pick up needed items, and immediately began vomiting when he breathed in the air. (I'm sure his immediate reaction is due to the compound effect of the prior exposure- I doubt a "new" person would have that dramatic of a reaction)

    We took Tyko to his regular vet Wednesday morning (yesterday). His bloodwork and xrays revealed irritated lungs and swollen kidneys, and somewhat bad liver function. It's likely that the steroid shot and water IV saved his life. He was given a water and electrolyte IV, anti-nausea meds, and pain meds. He is improving and has a followup appointment tomorrow morning (Friday).

    My husband had a doctor's appointment this morning (Thursday) and bloodwork is being processed. His breathing is better but labored. More steroids were provided. The doctor advised a 1 week, 6 month, and 1 year pulmonary recheck to monitor long-term heart issues resulting from this. I will be seeing my primary next week.


    My Questions

    Although we're mostly devastated at the loss of our cat, and we're frightened by my husband's health (he is still having breathing problems and is returning to the doctor today for a followup), we're also feeling the effect of many hundreds of dollars in medical care for both ourselves and the cats due to the exposure to the glazing products, not to mention other small expenses such as food away from home.

    We're wondering where we stand legally, mostly just so we're aware- not necessarily because we plan to take legal action. (we're also unsure if we would even take action against the apartment company or the contractor? etc) Also, we don't know what kind of lawyer to look for..?

    We're pretty hesitant to take legal action, as we know that there is a difference between things that are "cutting corners" and things that are actually illegal and enforceable. We also understand that just because we have the legal right to pursue either the apartment company or the contractor, it may not honestly be worth the time, energy, or money it takes. We're also concerned about future relationships with the complex.

    Possibly informative: A friend of ours pursued this same apt company a few years ago for a totally different issue, and they kept her locked in court battled for years over a few hundred dollars.

    Ideally, we would love to have our costs incurred covered, and to go about things in a way that ensures that no other tenant will have to go through this. (If we had an infant or elderly person in our household, there would have been a risk of death) The total bills resulting from this (so far) amount to around $1300 dollars in medical bills, which is over 50% of our total household income for a month.

    But we also want to continue to live here, and not create long-lasting issues or become embroiled in an extended legal process. And we don't know how much a lawyer is going to cost if we go that route. We've never done this before, and it seems that a lawyer is a fancy service that only rich people use, in our minds.


    What I've done so far

    I've written the apartment building a letter, informing them of the facts of what happened above (more briefly). I attempted to take a non-adversarial, factual tone. I "requested their help" with the following:

    1. The name and contact information of the company or contractor who did the work, in case we need to reach out to them / him in the next few weeks
    2. The exact chemical products, along with brand names, that were used in the process (and the amounts, as accurately as is possible) This is requested by my husband's doctor so that he can accurately and safely treat him long term.
    3. Hurricane fans or some kind of commercially-appropriate ventilation system set up with the windows open to continue to vent the remaining contaminated air
    4. If possible, any information regarding if there is a way to actually test the air for safety, that would be fantastic. All I have been able to find online (assuming that the chemicals used include methylene chloride) is that there is a slight "sweet" smell, and that if it can still be smelled at all, it means it's unsafe. (poison control confirmed this for us as well)

    Any thoughts, links, or advice is welcome. We are aware of the info found at this link and many others,concerning tenant injury cases.

    A tiny side note.. the tub looks terrible, with huge dried "drips" all down the side, adding insult to injury.


    [Update] I have received the following response from the regional manager:

    Hello Heather,

    I was terribly sorry to receive your email and hear about the problems with your husband and your cats.

    I have reached out to the company who did the reglazing and they are going to send over to us the MSDS sheets which list the chemicals used for the reglazing. I will respond with the information you requested along with the MSDS forms later on today when I've received those.

    I have attached an incident report for you to please fill out for us and you if can return this to me I would appreciate it. When I have the incident report back from you I can turn the report and your email along with the MSDS sheets and any other documentation to our insurance carrier.

    Thank you, [name]


    [UPDATE 2]

    I spoke with a personal injury lawyer in my area a few moments ago. He advised that we're really on the line between a simple insurance payout for bills inured vs. a larger personal injury case ($100,000+). The difference will be whether or not we have- and can prove that we have- lasting health repercussions (such as reduced lung capacity, etc). Since we won't be able to know that until more testing is done, and since we have plenty of time to bring this to a suit if needed (3 years), we should wait and gather as much info as possible before doing anything.

    For the moment, I have advised my apartment manager that I'll be waiting to fill out the form until I have all the relevant info the form needs. (I kept it to that simple explanation, no mention of a suit or anything)

    If we do not have personal injury, we can simply move forward with the insurance claim, and be reimbursed for the medical and vet bills, fighting in small claims if it's denied. If we do have a case for personal injury, we can contact his firm and they will look over the case and communicate with the apartment complex.


    [UPDATE 3]

    I have the info of the company. It's got all kinds of awards and have 30+ years of service, and they talk on their site about their robust ventilation process and that it's so good you can even be in the house while they work.

    I have no clue what's going on. Did they just send the new guy who they hired yesterday off the street? Are they lying on their site? Am I totally nuts?

    submitted by /u/heatherkan
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    Showed up for work, doors locked because the person in charge of opening is late.

    Posted: 08 Feb 2018 05:33 AM PST

    My start time is 5:15 am, when I showed up for work today, I find my colleagues outside the office door sitting on the ground because the key holder is late. It is currently 5:31 and we're still sitting on the floor waiting. Can we be punished (disciplinary action) if we were to leave and go home?

    Thanks, KMAC

    **Located in Los Angeles, California

    Update: 5:53 still here

    submitted by /u/dapper217
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    SIL tried to get me fired

    Posted: 08 Feb 2018 05:57 AM PST

    My daughter and I have been having issues for about a year now but nothing too serious has happened. She thinks she's not welcome around our family's house anymore and we've got into arguments about that, but that's pretty much where it's ended. Well recently the SIL texts me and says that I'm a horrible person, he's done with me and my family, that I'm the problem, and that him and my daughter will no longer be speaking to us. So a few days later I get called in by my boss, and turns out the SIL called in an anonymous tip saying I've been stealing stuff from my company and reselling them. Then he called back a few more times asking whether or not I've been fired! Boss and I both know I haven't, which is why he let me know. These two have put my family through hell the past year but now we're officially done. Is there anything I can do for him making these calls?

    Edit: located in California

    submitted by /u/Throwaway91412380
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    Being sued by new owners of Mobile Home Park for eviction after I gave them my title and keys

    Posted: 08 Feb 2018 04:49 AM PST

    I found I had cancer and was being admitted to the VA Hospital July 2017 so I gave the MHP my keys /title and a letter from the Dr stating I could not take care of myself or the trailer and needed to be with caretakers after the hospital treatments which lasted over 3 months till October, I only got forwarded mail on January 2 at my caretakers place that the park was suing me for eviction and costs, I looked the court case up and it was already judged in the favor of the park the very next day, I can't find any lawyer to help me as I can not afford and I do not qualify for legal aid i am just over the income limit barely. I need help.St Petersburg FL

    submitted by /u/ramblingvet
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    Asked for W-2 found out there isn't one...[Indiana]

    Posted: 08 Feb 2018 05:41 AM PST

    Hello /r/legaladvice- Love the subreddit always hoped I'd never have to ask but it's now my turn.

    My son (18) works for a small food shop in Indiana doing counter sales. He's been there 5 1/2 months and really enjoys working there. The shop has been good to him and worked with his university schedule. He's worked other part time jobs in 2017. I had received W-2s from the other jobs but not his current employer. I asked him to ask about it as I really wanted to start working on our taxes.

    He inquired and there's no W-2. I thought it strange that he got paid in cash but I figured since it's a small shop and he works ~20 hours per week maybe that accounted for it.

    My son is really upset and the owner was grumpy with him after he asked. He really liked working there and his fellow employees.

    So my focus is on mitigating potential future issues and protecting my son (and us) from legal issues.

    The shop owner said he would make sure that my son gets a W-2 in the future. My gut says he should find another place of employment. I'm not certain what steps should be taken at this point.

    Thank you.

    submitted by /u/above_the_board
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    (MI) I was just let go for having a seizure at work

    Posted: 08 Feb 2018 09:51 AM PST

    I had a seizure on Friday. I came in Monday and lthey told me I can come back when I get doctors clearance. I got that taken care of and I called the HR lady. She transferred me to the owner, he didn't come on the phone. She said the owner "no longer needs your services". I am wondering if what they did was legal? They knew about the issue and in no way does it effect my job in an unsafe manner.

    submitted by /u/ArmaniDiamonds
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    Fiancé’s parents have guardianship of her daughter (7) and aren’t letting us see her

    Posted: 08 Feb 2018 06:51 AM PST

    They have guardianship because my Fiancé (A)(28) had a pretty rough patch in her life and turned to drugs to deal with it. She is clean now been that way for 3 ½ years. She has a biology degree and is currently in school completing a radiology tech program. (she just got this semester and summer to go). We were regularly seeing her daughter lets call her M, until 9/9/2016. We were dropping M off to her grandparents and this happened (shorten version of a police report I made)

    On 9/9/2017, me (28), A (Fiancé), and M went to Kahala mall. We were going there to drop M off to her grandparents in the parking lot in front of CPK. We parked our car and walked toward their SUV. When we got over there, G (Fiancé's dad) was already outside so we handed him M's 2 bags and started saying good bye to her, we will see her tomorrow, etc. M didn't want to let go of A's legs. She was saying she didn't want to go with them and she wanted to live and stay with us. We told her we understand but she has to go with them and we will see her tomorrow and its going to be okay. That's when G grabbed her by the arm, picked her up, and tossed her in the car. That got A to tell him to stop grabbing M like that. I tried to step in and defuse the situation. When I told him to calm down and stop he turned around and hit me with his shoulder and elbow. Facing me, he said, "What you got a problem?" He then squatted, took a step back, and used his body weight to shove me. I took a step back expecting a punch to follow but I kept my hand down by my sides to feel less threatening to him. He then started pushing his chest into me yelling, "go ahead hit me" a handful of times. M started yelling at grandpa to, "stop it already and get in the car." I told M I am really sorry for what happened here and that none of this is her fault. That's when L (fiancés mom) got out of the car and started screaming something along the lines of, "What you think you are some kind of big shot yeah?" We said our we were sorry again to M and walked away while L was still screaming at us across the parking lot. At the police station when we were talking to an officer, L sent me a text apologizing.

    I reported the incident to the police because I was 9 weeks postop from a 2nd back fusion surgery. Pretty much immediately after the incident and I was unable to walk and needed to go the ER get x-rays, pain meds etc. Legit got crippled for 10 days and set back my physical therapy for 6 weeks.

    We haven't seen M since then. The prosecutors have declined to pursuit the assault case. We scheduled a meeting with free legal aid, so we can get visitations or something anything really because A's parents weren't responding to any text. Their advice was to save up 10k since A's parents are millionaires and they hired couple top lawyers to make this as difficult as possible for us to see M. Since Jan 2 have they allowed us talk to M over the phone (3 times). It's on speaker phone and we have been warned if we bring up anything about them they will hang up the phone, if M asked why she can't see us we are to take the blame for the previously stated situation, or they will hang up the phone if she ask when the next time is she can see us we are to say not sure or they will hang up the phone. Fucken absurdity

    A's stipulations on getting the guardianship dissolved is for her to have a place suitable for a family, have a job, and be clean for 2 years. We are currently living in a 2/1/2 apartment. Is there anything we could do in this situation? We know we can go to civil court for visitations rights at least but we are a bit worried about going up against couple highly paid lawyers and potentially getting dumpstered. I guess what I'm asking for is anything really advice, reading material fucken anything will help

    Thank you all for reading I know it's weird that I'm the one writing this and not my Fiancé but just know she loves her daughter. She feels the only way she can help M is to fulfill the stipulations given to her by the judge and graduate from the radiology tech program and get a job

    Edit: I live in Hawaii

    submitted by /u/yaks32
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    (IN) Currently serving probation for DUI, PO seems to have gone off the deep end

    Posted: 08 Feb 2018 08:22 AM PST

    Hello Legaladvice! Have run into a situation with my probation officer, and I'm not sure if she has the authority to actually enforce some of her demands.

    Little background: last spring, I made a series of very bad decisions and received a DUI charge. No excuses there, plenty of lessons learned. Was sentenced to 12 months supervised probation, and assigned to my current PO.

    I am now 10 months into my sentence, and up to now all has been fine. Had a good working relationship w/my PO, no violations etc.

    As of this week, however, she seems to have gone off the deep end. She called on Monday to advise me that I would need to comply with new conditions in order to successfully discharge in 2 months:

    1 - Turn over all login information for any social media/email accounts - INCLUDING my work accounts. I have an issue with this for a few reasons from a privacy standpoint, and I don't even know if I legally can give a non-employee my work VPN credentials. She has threatened to file an MTR if I don't deliver these by Monday.

    2 - I am not allowed to have pets, and must remove any from the home (again, by Monday). I have a dog and 2 cats, all well taken care of. She advises this is so she "will not feel unsafe" during home visits. My dog is a dachshund that she held/pet on her (only) prior home visit. Again, MTR threat if not done by Monday.

    I have spoken to her supervisor, who pretty much told me "tough luck, follow your conditions".

    I know probation officers tend to get a lot of latitude as far as conditions go, but these seem extreme. I was not convicted of a computer crime or a crime involving animals, and these conditions were not required for the first 80% of my sentence. If I do not comply and she files an MTR, do I have a leg to stand on? Any way to challenge these conditions prior to her filing?

    submitted by /u/CrazyPoThrowaway
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    [Victoria, Australia] Woman threatening to sue me for discrimination because I don't want to live with her kids.

    Posted: 07 Feb 2018 04:21 PM PST

    Hi all, I recently moved to Melbourne Australia from Queensland and have been looking for a place to live. I found the perfect house on a roommates website. Location was brilliant, close to my new job, and it wasn't too expensive either. I sent a woman a message and she invited me around to have a look.

    The room itself was perfect, pretty much exactly what I was looking for. As we were talking in the living room, 3 children came through the front door and I asked her if they were family and she told me they were her kids. I told her when I left that I'd think about the room and get back to her.

    Well, I thought about it and decided I don't want to live with kids. Nothing against them, but that's not my lifestyle. I drink, I swear and sometimes I get cranky. Also there was a tense moment between the mother and her oldest kid while I was still there. Awkward, right? Nobody wants to be around a screaming match between a parent and a 13 year old.

    I messaged the woman on the website and thanked her for her time, but I didn't want to live around children. Now she's come back, sending me angry messages daily about how I'm discriminating against her for having children and that she's going to sue me for the cost of the lease of the bedroom because in her eyes, me coming to have a look at the room was a "promise".

    90% of me knows she's talking through her ass, but are there any bases I should have covered in case anything happens?

    submitted by /u/RemarkableLawfulness
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    Colorado. Boyfriend and I purchased a home “together” but he’s the actual owner, I have no connection other then supplying half the money. How can we make this legit?

    Posted: 08 Feb 2018 04:34 AM PST

    My guy and I had short notice to move (he's military) and because of laws here regarding our dogs breed and finding rentals, we decided to buy a home.

    Because we were crunched for time and because his credit is much higher than mine, we had him do the entire process on his name solely. I paid exactly half of all costs to purchase and close and I pay half of the mortgage each month.

    There are absolutely no issues between us, we simply would like to somehow add me to ownership. We both know that realistically, it is possible our relationship could head south at some point and I'd like the comfort of knowing my investment wasn't for nothing in the low chance that something happened to our relationship or god forbid, him.

    We are not married. Is this possible? How would we go about it? Thanks in advance!

    TLDR: Boyfriend bought home, I pay for half, we'd like to add me to ownership.

    EDIT: Just wanted to say that you are all awesome for taking time out of your day to reply and give such great advice. Thank you, I HIGHLY appreciate it 😊

    submitted by /u/GoodSight91
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    Expecting neighbors to sabotage home sale. What can I do?

    Posted: 08 Feb 2018 12:45 PM PST

    Location: Arizona.

    I'm selling my house since I can't stand the people next door.

    I have a "coming soon" sign out front, and this seems to have caused the neighbor's mentally ill son and his parents to up their crazy game. The son (age 30) actually come on to my property on Sunday, throwing firewood at my cars and later bit me -- yep, the little shit bit me -- and made comments about me not living in the neighborhood as long as him, or something to the effect of me selling the house. Meanwhile, his dad decides to install a surveillance camera pointing directly at my house, and uses it to see when I'm leaving the house, so he can follow me around and record me on his phone.

    We live in a very nice neighborhood that's having a home tour Sunday, which draws about 6,000 people. I will have an open house during this time.

    I wanted to ask if it would be reasonable for me to have an attorney send a cease-and-desist (a prospective buyer drove by during the firewood-and-biting incident), which would escalate to a lawsuit if they're causing disturbances with potential buyers there. Or am I going about this the wrong way? Thanks.

    A judge approved restraining orders against both of them this morning, and an officer is attempting to serve them right now. But my cop friend told me the restraining order wouldn't really stop them from being annoying shitbags to prospective buyers if it's not directed directly at me.

    submitted by /u/CUNTY_LOBSTER
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    [California] I committed credit card fraud

    Posted: 08 Feb 2018 11:35 AM PST

    I'll start by saying I know I'm an asshole. I wanna make it right

    About a year ago I was strung out. Opened a cc in my ex's name. Low balance ($250) but maxed it out and didnt pay. it's taking her credit down now. Tbh I kinda forgot about it in the process of getting myself clean. Obviously she needs to report it to the credit bureaus and the police, but can I also help by admitting it was fraud? Will that expedite the process of getting it removed from her credit report? I know credit stuff can take months so even if it means Im arrested or whatever I wanna make this right

    submitted by /u/TurboNegroBro
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    So my mother took my car.

    Posted: 08 Feb 2018 06:49 AM PST

    I left my mother's house and she decided to take the keys to my car. The car's title is in my name and she claims to have placed a lien on the car. Is this possible? If not can I take legal action to take the car back? I'm 17 living in South Carolina.

    submitted by /u/RemoDriven
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    Someone damages you car, you get estimates for $5K, they pay, you don't get the car fixed or you fix it yourself. Legal or not?

    Posted: 08 Feb 2018 08:13 AM PST

    [California] I've heard that if someone damages your car and you get paid (ins or personal) and you don't use the money for getting the car fixed, you can be sued. I've also heard that if you fix it yourself for 1/2 the price, you must declare the balance on your taxes as income.

    So, someone damages your car and they personally pay for the damage based on a lawsuit. You decide to either not fix the car or just fix it yourself. The judgement was for $5K and you spend $100 fixing it.

    Can they sue for the balance or do they have any claim at all?

    If it were an ins company, they would probably never go after you, but a person might get vindictive.

    I'm thinking that the judgement was for the damage, you can sell the car or keep the car with the damage and use the cash any way you want.

    submitted by /u/KarlJay001
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    Downstairs Neighbors Complaining Walking too loud

    Posted: 08 Feb 2018 02:18 AM PST

    Background information: Me and other two roommates, total three girls, live in a apartment on the second floor in California. Two of us are college students and the other one is dong research in a lab. We are all international students. Our downstairs neighbor have complaint about excessive noise A LOT OF times to the leasing office. We have received two calls from leasing offices and they warned us if there were any more complaint, we will get kicked out.

    First, I admitted that the two of us who are in college often stay up really late either study or watch TV shows. But we Never party, and rarely invite people over. And even when watching shows, we will be lying on the bed using laptop because we don't have a TV. One of my roommate used to play games and sometime can't contain herself from speaking loudly. So when we first receive the call, the leasing only said our neighbors complaining us making too much noise. We thought it was because of the gaming, so my roommate stopped playing in the night and now she rarely plays.

    Then, the second time, we received again, another call from the leasing office complaining about the noise. I was really confused and asked what specific noise it is. Then the leasing finally said it was the neighbors downstairs complaining us walking too loud in the night. And the leasing office said we will have to move out if the complaints continue. Then, to try out best, we decide to not wear shoes and walk really slowly after 10pm. And we stopped using our washing machine and kitchen after 10pm. And sometimes, I choose to stay in school library to study instead of home. My other roommate who work in the lab does not even come home much and stay in her friends place for the most of time.

    Then it's today. I came home around 12am from the school library. When I came home, only one of my roommate was at home, sitting on the floor, organizing her makeups. I went in her room and sit on her bed to chat with her before even entering my own. Then five minutes later, the security of our housing estate rang our bell saying my downstairs neighbors complaint again we are walking too loud.

    Now i feel really frustrated. First, our apartment have carpet. Second, we are not jumping or running. We just normally walk and already try to walk as slow and quite as possible AND try our best not to make any loud noise. Third, I don't feel like changing my life style cause I have evening class and I need to eat and study late.

    I understand when it is late and quiet, it is easy to hear walking sound. And i can often hear the walking sound from people living upstairs. But I think it is unreasonable to complaint every time hearing a little sound. Cause it's not like that we are doing this on purpose. And we Do try to not make any noise.

    Now, I am going to implement a home security system to record every seconds of our life as the proof of us not making noise. I don't know even it is going to work. I am done being the ignorant, disrespectful young student who is from another country. I Feel like if the thing goes down (like if we really get kicked out), i am gonna take legal action like suing. (Sorry i am really angry at this time, and my idea may be silly)

    Since I am not a US citizen, I have not experienced such thing ever. So pardon me if I say anything that sounds silly and offensive. I really need advice and tips about what I should do. I would like to solve this problem in a non-aggressive way. But i am trying to get this thing passed before my second midterm (again, our school is really competitive and i am under huge pressure)

    Thanks for all the attention and the time. Hope everyone who sees this will never have this problem.

    submitted by /u/joeydoesntsharefood6
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    Can an adult male adopt an adult female who he has raised as his own since her birth?

    Posted: 08 Feb 2018 05:44 AM PST

    Location is New Mexico.

    My dad has raised my youngest sister since her birth 23 years ago. He was there in the room when she was delivered but she is not biologically his. His name is not on her birth certificate (there is no name for a father).

    After my parents divorced when she was 4, she was always included when my other sister and I would go visit him. He didn't pay child support for her but she was always on his health insurance that he did pay for.

    There was another guy who paid child support for her for a few months right before our mom passed away 10 years ago but he stopped after I gained guardianship of her and never pursued anything with her and I never pursued him for anything out of fear of losing her to him. (He isn't on her birth certificate but I assume they did a DNA test if he was required to pay child support on her.)

    Anyway, I'm wondering if there is anyway for our dad to actually adopt her and make it official. It would mean a lot to her to be legally apart of the family and it would mean she could get back on his health insurance which she really needs due to her "squishy brain syndrome".

    I tried googling and found that any adult can adopt an adult as long as they agree but I'm not sure if it will be a problem that someone else was paying child support for her at some point. I am assuming no since she is an adult and can (maybe) choose who she wants but I want to make sure before I talk to my dad about it. Thanks!

    submitted by /u/Agent_Honeydew
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    (LA) Me and my girlfriend just had a baby. She is still legally married to her ex husband )12 years separated) from (SC). I can't have my name as father on her birth certificate.

    Posted: 08 Feb 2018 08:55 AM PST

    How do I go about fixing this? She hasn't had contact with him for years. He already has a child with another woman in South Carolina. Louisiana law says if she is married to someone else they are the father. I just got myself a decent career job and really don't have anything in my bank account. What is the best course of action?

    submitted by /u/Dsparks2012
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    [CO, USA] How can I divorce my husband without his signature? No one knows where he is at.

    Posted: 08 Feb 2018 10:53 AM PST

    My husband was in the military stationed in CA and I was working, living in CO.

    Before his term ended he was discharged due to alcohol abuse.

    I asked for a divorce and he agreed, however, the day we were supposed to go fill out the forms (Everything was going to be uncontested) He just didn't show up.

    After talking to our friends and family, none know where he is, I've tried calling him dozens upon dozens of times to no avail. And he only randomly calls his family to say hi, but doesn't give out much info.

    Is it possible for me to divorce him quickly without him being there? It's been 2 months since I last talked to him and not a single call back, and I've tried hard to reach out to him.

    If it helps, I'm not trying to get anything from him and we don't have any kids (we're a gay couple)

    Thanks a lot!

    submitted by /u/I_am_the_Brossiah
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    40/m in Houston, TX needs advice on how to keep people from exploiting my status as a Tier 1 (low risk/no risk) sex offender

    Posted: 08 Feb 2018 12:52 AM PST

    In 2006 I was given deferred adjudication for two counts possession of child pornography. No, I didn't do it, but I had no way to prove it wasn't me, and was given 5 years probation and a lifetime of registering as a sex offender. I have had no priors, nor committed any crimes since. I completed my probation with no issues or complications, passed every polygraph, test, examination, and evaluation. I have volunteered for multiple psychosexual evaluations and have been determined by all to be no threat or danger to society, to either children or adults.

    Several years ago I began seeing a woman which developed into a long term relationship. Since she had a daughter a little over one year old, I made certain to be upfront and honest with her about my situation. Despite my past, she gave me a chance and has since become the love of my life, her daughter like my own child. We decided to move in together, but before doing so, talked with her ex-husband and the father of her child about my status as well. At the time, he claimed to have no problem with it, and so we moved in together. He's never been very active in his daughter's life, skipping at least a quarter of the visits he has the right to, and has been consistently behind in paying child support. Later I discovered he was fairly emotionally abusive to my ex, and has a horribly narcissistic mindset.

    About a year later, the daughter was visiting her father, who was not paying much attention to her while they were all hanging out at a friends house, and she was bitten by a pit bull. Thankfully, she wasn't seriously harmed, but he received an epic ass-chewing from both his mother and his aunt, claiming what a bad father he was for letting that happen. It is that occurrence I believe which led to the following events.

    A few weeks later, rather than bring her home after his weekend like he was supposed to, he hired an attorney and had a temporary restraining order put against the girl's mother and myself, now saying that he never knew that I was on the registry and that he didn't want his daughter around "a fucking pedophile." Naturally this turned my girlfriend into an emotional wreck. After several months of legal discussion and mediation, the daughter was returned, with the stipulation that I have no contact with her. It should be noted here that I have no restrictions regarding being around children since the completion of my probation in 2011. Since my girlfriend couldn't afford to live on her own at this point, and had no friends or family that she could turn to for help, we had to come up with a solution. I ended up staying at my sisters house at night, and would come back to my home during the day while they were at work/daycare/school. This worked for awhile, but after a year had passed, my sister said it had reached the point where she could no longer help and I needed to find alternate arrangements.

    I had no options. My girlfriend couldn't afford a place of her own, but I wasn't going to throw her or her daughter out on the street either. I loved them both too much for that. So I did the only thing I could. At night, I started sleeping in my car. If it was a weekend where the daughter was with her mother, I'd either visit my family out of state or try to crash with a friend.

    Shortly after I initially "moved out" I began looking into the possibility of de-registration. A program that started in Texas in 2011, where a low or mid risk level offender could apply to be removed from the registry. It was an effort to deflate the ever growing balloon of low risk sex offenders, which has sadly had little effect. Less than one-tenth of 1% have been successfully removed from the registry since it's inception. And since it allows for removal only if you have a single count against you, the fact that I have two pretty much means I have zero hope, regardless of the fact I've never laid hands on a child in my life, or ever seen one as an object of sexual desire.

    My present problem: during the Christmas holidays, the father brought the daughter home early, throwing off the schedule of visitation and sending confusion as to when he would see her again next. On a weekend I was under the impression that the daughter would not be home, I returned to my house, only to find the daughter there and the girlfriend asleep in the bedroom, sick with the flu. So this presented a problem. I knew I had to leave quickly, so I started packing clean clothes, medication, and an extra blanket and pillow, since it looked like I would be spending a very cold weekend in the back of my car. I was home maybe 10 minutes tops. Which naturally is when a deputy knocked on my door. I didn't think anything of it, since I'm used to ID checks being done. However, apparently the father had been trying to call the girlfriend several times, asking where his daughter was, since it was his weekend to have her. After several missed calls, he called the police. The deputy was there to make sure everything was okay. It was, he left. I woke the girlfriend up to explain what happened. She called the father, he insisted the girlfriend bring the daughter for her weekend visit. From which, once again, he didn't return her. On advice from his attorney, he got yet another restraining order, saying the girlfriend had violated the agreement. Since then, we've been fighting to get her back.

    We're trying to determine if there is a way we can fight this. The ex-husband is deliberately using the stigma of the title I am forced to wear against me, despite the fact I've never had any problems with his child, or any other. There has been no abuse. No suspicion of abuse. I have adhered to every restriction I've been given, regardless of the lack of fairness or my family growing irritated. I'm desperately trying to keep my family together, and to bring that little girl back to the only home she's had any long lasting memory of. I don't know what to do. My attorney is one of the best in the country. Even the judge assigned to my case says she wants to remove me from the registry, but doesn't think it can be done with the law as it's currently written. My girlfriends attorney says that she isn't sure that their judge will believe that this is the only interaction I've had with the daughter, which she said would be "devastating to our case."

    My anxiety is through the roof. I'm losing my family all over again because of a vindictive ex and I don't know how to stop it. Please, if anyone has advice, help me. I just want my family back. I don't want my girlfriend to lose her daughter.

    submitted by /u/2318throwaway2318
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    [North Carolina, USA] Is it legal to save photos sent to me via text message

    Posted: 08 Feb 2018 06:15 AM PST

    Hi! My friends are complaining that I save every photo that is sent to me via text message. The photos do not contain anything close to nudes and/or pornography. They say that I should have their consent to save the photos, even if they're explicitly available to me. I know this isn't very legal advice, but I just want a be-all end-all answer. Is it legal to save any photos sent to me by text message. (in hindsight, this probably sounds really stupid)

    submitted by /u/_Asthenos
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    My Daughter is owed money from her modeling agency. Please help. ARIZONA

    Posted: 08 Feb 2018 10:47 AM PST

    Little backstory: My daughter has been modeling for a year and a half and got signed to an agency back in February of 2017. Now, this is not a "mall modeling scam post" this agent is real and so is the agent. I can't give too much detail, but he's booked high high jobs.

    So we signed in February, and we didn't expect much to happen, she's young. Has a good look but it's Arizona-not LA. From February to December she had a total of 4 jobs. Some were trade shoots, but in total she made I believe about $150-$200.

    Agents do take a 15% cut so that's not the issue.

    We left in December due to issues we had with the agency. Her contract ended in January (they hold you legally for 4 weeks after).

    Now, in February-still no check or anything. I am angry because my daughter worked LONG hours to get her pay.

    What should I do??? Small claims court?

    Note: Daughter is under 18.

    submitted by /u/sum1inphx
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    Giving a neighborhood kid a ride to school.

    Posted: 08 Feb 2018 11:16 AM PST

    First off I live in Houston Texas, so I came home early from work today and a kid, 10th grader, who lives in my apartment complex approaches my car and asks me if I can give him a ride to school because he missed his bus and he doesn't want to go back into his apartment because he will get in trouble with his grandma. At first I was baffled why this kid just approached a stranger but then I realized a year ago or so he lived two units down from me and that probably how he knew me. I guess they changed units and didn't move out of the complex. I remembered his grandma was an alcoholic and that's probably why she didn't wake him up for school and was still at home sleeping. She raises him and his sister alone from what I remember.

    So at first I told him no because I didn't feel comfortable giving a child a ride somewhere without their guardians permission. I tell him he should just go home but he said his grandma would give him a "whooping" for missing the bus even though it was her fault. So he just walks away and sits down at the curb in the parking lot. So I gave in and told him I'd give him a ride. His school was only a 5 minute drive away.

    So basically I'm just wondering if what I did could get me in trouble in any way.

    submitted by /u/YoFIyness
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    [On, Canada] New Condo owner above me has been doing everything in their power to make both my life and my SO's life a living hell.

    Posted: 07 Feb 2018 08:11 PM PST

    I bought my Condo about 8 months ago, and have never had a problem it was built within the last decade, and honestly i really like it here. Unfortunately the person above me sold their unit, and the new tenants seem to be trying to piss of as many people as possible.

    The first night they moved both me and SO were woken up by heavy bass, at 2am, as they appeared to be having a party. Okay so i went and talked to them. The owner basically told me "To f*ck off, and if i ever knock on his door again he will call the cops on me".

    I was pretty pissed off, so i called bylaw and they ended up getting written up. Unfortunately that made the situation go from bad to worse.

    • Every day before they leave for work they turn their music on and maximize the bass, which is unbearable, due to the constant vibrations but apparently according to the bylaw officer it is just below the threshold for them to be written up again. Neither of us can ever work from home, and on the weekends it makes staying in the apartment borderline unbearable.
    • They constantly flick cigarette butts, spit, etc and try to aim it directly onto our balcony.
    • They on numerous occasions called my SO numerous and various offensive and derogatory things. (E.g. calling her a whore while she is walking to her car from their balcony). I have witnessed him call his next door neighbor racial slurs, and called her kids a bunch of "fcking f*gots".
    • Constant parties, lately bylaw just isn't showing up anymore to address our complaints.

    Even after getting around 12 other owners to complain about this person to our condo manager, all they keep telling us is, it isn't their problem and we need to involve the police. Police has brushed off all of our complaints and tell us to call bylaw. Bylaw doesn't seem to show up anymore unfortunately.

    I am at a complete and utter loss to what i can do. It has made my living conditions a living fucking hell. We are a fairly big building, and i want our building manager to do something, but they don't seem to care. Am i missing something here?

    submitted by /u/angryradish282
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